Key takeaways:
- Judge Timothy J. Kelly barred enforcement of the Sept. 18 revocation of White House press credentials for journalists from CNN, MS NOW and Politico while their lawsuit proceeds.
- Kelly found the outlets likely to succeed on a due process claim and two First Amendment claims.
- The injunction does not address restrictions that have sometimes kept CNN and Politico journalists from covering the president in smaller spaces.
A federal judge has ordered the White House to keep admitting journalists from CNN, MS NOW and Politico while their lawsuit challenging President Donald Trump’s ban on the outlets moves forward. The ruling keeps more than 70 reporters’ press credentials in place after the judge found that the organizations are likely to succeed on claims that the ban violated their constitutional rights.
U.S. District Judge Timothy J. Kelly issued a preliminary injunction Tuesday barring administration officials and those acting with them from enforcing the Sept. 18 decision to revoke the journalists’ White House “hard passes.” The order does not apply directly to Trump, and it does not settle the lawsuit. Kelly had temporarily restored the outlets’ access on Sept. 24; that order was due to expire Tuesday.
Trump had said the journalists were barred because of their “constant ‘reporting’ FAKE NEWS,” according to The Guardian. The three organizations sued on Sept. 21, arguing that the White House had punished them for their coverage and denied them a fair chance to challenge the loss of their credentials.
Kelly found that the outlets “are likely to succeed not only on their due process claim, but also on their two First Amendment claims.” Journalists are not guaranteed access to the White House, he wrote, but precedent limits the government’s ability to revoke access once it has granted credentials.
The judge pointed to Trump’s public statements as evidence that the ban was intended to change how the outlets covered him, rather than address a national security concern. “President Trump’s own comments suggest that he intended the revocation of Plaintiffs’ hard passes to alter their reporting on him,” Kelly wrote. Cutting off their access to a press area open to competitors would also restrict their ability to observe and report on White House activities firsthand, he said.
The Justice Department raised national security concerns and argued that the court should not intervene, according to NPR. Kelly rejected those arguments as insufficient to justify the ban. He also found that letters sent to the outlets after their credentials had been revoked did not provide adequate notice or an opportunity to object beforehand. Kelly said his ruling should not be read to dismiss concerns about inaccurate reporting or the government’s ability to protect national security when classified information is unlawfully disclosed.
Theodore J. Boutrous, a lawyer for the outlets, called the ruling a response to an “unconstitutional ban on the free press.” He said Trump had publicly acknowledged that he barred the journalists to punish coverage he disliked and push for reporting he preferred. The White House did not immediately respond to NPR’s request for comment after the ruling, NPR reported.
The injunction leaves one access dispute unresolved. CNN and Politico journalists have sometimes been prevented from covering the president in smaller spaces, including Air Force One and the Oval Office, despite the earlier order restoring access to the White House complex. NPR reported that the restrictions have prevented CNN from serving as the designated representative of the video pool on some occasions, including a trip to Tennessee. Kelly’s new ruling does not address that issue. He required the outlets to post a $1 bond.
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