Federal Judge Blocks President Trump's White House Ban on CNN, MS NOW and Politico
U.S. District Judge Timothy Kelly issued a preliminary injunction restoring White House access to journalists from CNN, MS NOW and Politico, finding the revocation of their hard passes likely violated constitutional rights.
Washington — A federal judge on Tuesday granted a preliminary injunction that restores White House access for reporters from CNN, MS NOW and Politico, halting President Trump’s revocation of their hard-pass credentials. U.S. District Judge Timothy Kelly, a Trump appointee, ruled that the ban likely infringed the journalists’ First and Fifth Amendment rights and ordered the restriction lifted while the case proceeds.
"It is likely that President Trump's revocation of Plaintiffs' hard passes is the sort of action that would deter a reasonable reporter or news organization from publishing stories to which he objects," Kelly wrote in his 26-page decision.
The judge noted that President Trump’s public statements suggested the ban was intended to alter reporting about his administration, raising concerns that the action could deter ordinary journalists from covering the president as they had before.
Attorney Theodore Boutrous, representing the three outlets, said the court was correct to block the ban, adding that the president’s move "blatantly and explicitly violated due process and the First Amendment."
The three news organizations filed suit in September, arguing that the revocation was retaliatory and denied them due process because they received no notice or opportunity to respond before losing access. The White House had earlier sent letters to the outlets citing alleged professionalism violations and national-security concerns, but the judge found the administration had not provided evidence that those reasons justified the ban.
Kelly emphasized that the due-process issue was the most significant hurdle for the Justice Department and that the cited articles were "commonplace, for better or worse." He also observed that President Trump’s initial announcement did not mention national security, and later references to that rationale appeared to be a post-hoc justification.
The injunction remains in effect as litigation continues, preserving the journalists’ ability to report from the White House campus.