Judge halts White House move to bar CNN, Politico and MS NOW while lawsuit continues
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U.S. District Judge Timothy Kelly issued a preliminary injunction allowing CNN, Politico and MS NOW to remain on the White House grounds as their lawsuit proceeds, after determining that the administration’s ban was likely to run afoul of constitutional protections.
A federal judge in Washington, D.C., issued a preliminary injunction on Tuesday that prevents the administration from barring CNN, Politico and MS NOW from the White House complex while the organizations’ lawsuit proceeds. U.S. District Judge Timothy Kelly ruled that the ban, which the administration said was justified on national-security grounds, likely violated the outlets’ First Amendment and due-process rights.
Kelly wrote that the record contains “practically nothing national-security-related” to support revoking the reporters’ hard passes and noted that the President’s statements suggested the action may have been prompted by dissatisfaction 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, describing the outlets’ coverage as “fake news” and 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, characterized the ban as 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.