Federal Judge Orders White House Press Access Restored for CNN, MS NOW and Politico

On Thursday, a federal judge directed US President Donald Trump to reinstate White House access for reporters from CNN, MS NOW and Politico, ruling that his prohibition against the three outlets was probably unconstitutional. US District Judge Tim Kelly issued the order in a case brought by the news organizations challenging the ban Trump announced on September 18, a significant reversal for the president in one of his most prominent conflicts with the press. Kelly instructed the Trump administration to hand back the outlets' press credentials without delay and barred officials from carrying out the ban for a two-week period. The judge dismissed the government's claim that national security justified the ban. He wrote that the record contained no factual basis for the defendants' argument that withdrawing the plaintiffs' hard passes would safeguard national security, or that security would be harmed if the court restored the passes while the litigation proceeds. He also noted that Trump himself had attributed the ban to the outlets' alleged "lack of truthfulness and negativity" in their reporting. Neither the White House nor spokespeople for the outlets responded immediately to inquiries seeking comment. Trump had posted on social media that the three outlets "shouldn't be able to constantly write or report FICTION and LIES," while Justice Department attorneys tried to defend the ban on national security grounds. On Monday, the three outlets filed suit against Trump and other administration officials in federal court in Washington, arguing the ban breached the First Amendment's guarantees of free speech and a free press as well as their due process rights. They sought a temporary restraining order to restore their White House access right away while the legal challenge continues. The dispute is unfolding only weeks before the November 3 midterm elections, in which Republicans are battling to keep control of Congress. Trump's job approval ratings in opinion polls stand at record lows, with the public concerned about matters including the Iran war and inflation. At a Wednesday hearing, Kelly said two rulings from the US Court of Appeals for the District of Columbia Circuit established that journalists have a due process right before their White House press passes may be taken away. He added that the White House did not appear to have given the news outlets a genuine opportunity to challenge the loss of their access. An attorney for the outlets told Kelly they were banned without the advance notice or chance to contest the decision that the law requires, describing the punishment as unprecedented, unreasonable and severe. A Justice Department lawyer told the judge that letters delivered to the outlets on Tuesday offered a sufficient explanation for revoking the passes. But Kelly appeared doubtful of that reasoning, pointing out that the letters came after the revocation had occurred and after the lawsuit was filed. In a court filing on Tuesday, the Justice Department contended that White House access is a privilege rather than an entitlement, and that the president holds the authority to suspend access for news organizations. On Wednesday, a coalition of press freedom groups and dozens of news organizations submitted a legal brief backing the three outlets. They asserted that "stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence."