Judge blocks White House's retaliatory ban on CNN, Politico and MS NOW as lawsuit moves ahead
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U.S. District Judge Timothy Kelly issued a preliminary injunction keeping CNN, Politico and MS NOW on the White House grounds while their challenge to the ban proceeds, after finding little evidence that the exclusion was grounded in national security rather than hostility to critical coverage.
A federal judge in Washington, D.C., issued a preliminary injunction on Tuesday that stops the administration from barring CNN, Politico and MS NOW from the White House complex while the organizations’ lawsuit moves forward. U.S. District Judge Timothy Kelly ruled that the ban, which the administration claimed was a national-security measure, likely violated the outlets’ First Amendment and due-process rights.
Kelly wrote that the record contains “practically nothing national-security-related” to justify revoking the reporters’ hard passes and noted that the President’s own statements suggested the move was driven by displeasure with the outlets’ reporting. The order restores the outlets’ access to the White House, though it does not require entry to the Oval Office or Air Force One.
President Trump announced the bans on social media in September, denouncing the outlets’ coverage as “fake news” and casting it as a threat to national security. The Justice Department’s lawyer argued that White House access is a privilege, not a right, while the outlets’ attorney, Ted Boutrous, said the ban amounted to viewpoint discrimination.
The injunction follows a prior temporary restraining order and will remain in effect until the underlying case is resolved. The White House has not responded to requests for comment. Separate Justice Department investigations are examining whether major TV networks violated antitrust laws after temporarily limiting pool coverage of the President in response to the ban.