Judge Blocks Trump Administration White House Ban on CNN, Politico and MS NOW
U.S. District Judge Timothy Kelly issued a preliminary injunction on Tuesday, blocking the Trump administration from banning CNN, Politico, and MS NOW from the White House complex while their lawsuit proceeds. The order restores press access for 78 credentialed journalists after the administration revoked their hard passes following a Sept. 18 social media announcement by President Donald Trump declaring the outlets “FAKE NEWS.”
Preliminary Injunction Protects Press Access Pending Lawsuit Resolution
The 26-page opinion issued by Judge Kelly in Washington, D.C., gives the three news organizations entry to the White House grounds until the underlying litigation is fully resolved. The ruling does not force the administration to grant reporters from those outlets access to the Oval Office or Air Force One, locations where the administration has blocked CNN and Politico in recent weeks.
The legal dispute began after reporters from the three organizations were denied entry over a weekend. The administration subsequently stated the outlets would no longer be permitted on White House grounds. Journalists filed a lawsuit alleging violations of their due process rights and First Amendment protections for newsgathering and speech.
Judge Rejects National Security Justification and Cites Viewpoint Discrimination
During a court hearing, the Trump administration contended that the ban was imposed in part due to national security concerns. Lawyers for the news organizations argued the restrictions amounted to unconstitutional viewpoint discrimination because Trump disliked their reporting. Judge Kelly sided with the news outlets, noting that national security was invoked only after press passes had already been revoked.
“There is practically nothing national security-related in the record connected to the President’s decision to revoke Plaintiffs’ hard passes to which the Court can defer,” Kelly wrote in his opinion. He noted that Trump’s public statements and interviews indicated his motivation was content-based, stemming from a belief that the outlets published inaccurate and biased stories. In an eight-page ruling issued previously, Kelly found that the administration had also denied the outlets due process under settled law from the D.C. federal appeals court.
Theodore Boutrous, attorney for the news outlets, countered that the president publicly admitted he banned the journalists to punish unfavorable coverage. Boutrous stated that the court was right to enjoin what he termed an unconstitutional ban.
Credentials Restored as Legal Battle and Federal Investigation Continue
Hours after the initial temporary restraining order was issued, reporters from CNN, MS NOW, and Politico regained entry to the complex, broadcasting from inside the gates. According to a sworn declaration filed in court by director of White House press operations Micah Stopperich, his office was notified at 7:10 a.m. to restore access. Secret Service reactivated the badges by 9:07 a.m., and credentials were delivered to White House operations staff shortly before 10 a.m.
The standoff coincided with President Trump welcoming Chinese President Xi Jinping to the White House for a state visit. During the events, major U.S. television networks temporarily declined to provide pool coverage in solidarity with CNN, which belongs to the five-member collaborative television pool documenting presidential activities. The temporary order remains in effect while the court considers longer-term relief. Meanwhile, the Justice Department announced it is investigating five major TV networks, including CNN and NBC, for potentially violating federal antitrust laws over their temporary pool coverage suspension.
Whether the preliminary injunction will become permanent remains undecided, and it is unknown how the underlying First Amendment lawsuit will be resolved or if the Justice Department will pursue antitrust action against the television networks.
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