Judge Orders White House to Keep Press Access for CNN, MS NOW and Politico
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A federal judge extended a preliminary injunction that blocks the Trump administration from revoking White House press credentials for CNN, MS NOW and Politico, citing likely violations of due process and First Amendment rights.
A federal district judge on Tuesday ordered the White House to continue allowing journalists from CNN, MS NOW and Politico to enter the building, extending a temporary restraining order that had been in place since September. The ruling comes as the media coalition’s lawsuit against the Trump administration proceeds.
Judge Timothy Kelly had granted a 14-day reprieve on 24 September after the administration banned the three outlets on 18 September, describing the move as a response to their "constant ‘reporting’ FAKE NEWS." In his latest order, Kelly wrote that the defendants, except for President Trump, must not enforce the September decision revoking the outlets’ "hard pass" press credentials, thereby maintaining the status quo.
The news organizations filed the suit on 21 September, arguing that the ban violated their constitutional rights. Their temporary restraining order expired on Tuesday, prompting the plaintiffs to seek a preliminary injunction that would keep the ban lifted for the duration of the case, which could last months.
During arguments at the E. Barrett Prettyman Federal Courthouse, Kelly indicated the administration faced a "notice problem" that could be its biggest hurdle. He noted that the White House had failed to give advance notice before revoking the press badges, a step the outlets said was essential for covering the administration. Although the White House later sent letters confirming the ban, the timing violated binding court precedent.
"President Trump’s own comments suggest that he intended the revocation of Plaintiffs’ hard passes to alter their reporting on him, bolstering the case that his action here is sufficient to deter a reporter of ordinary firmness from reporting in the same way she had before," the judge wrote.
"When the President issued his ‘ban on the free press,’ he blatantly and explicitly violated due process and the First Amendment," media lawyer Theodore J. Boutrous said in a statement, adding that the court was right to enjoin the administration from enforcing the "unconstitutional ban on the free press" for the foreseeable future.
Kelly also required the plaintiffs to post a $1 bond. While the White House has generally complied with the order, journalists from CNN and Politico have occasionally been barred from "pool duty" in locations such as Air Force One or the Oval Office, which the administration argues are not covered by the temporary restraining order.