Judge orders White House to restore CNN, MS Now, Politico press passes

Court finds Trump press ban likely unconstitutional

Federal Judge Tim Kelly on Wednesday ordered the Trump administration to immediately restore White House press passes to CNN, MS Now and Politico, issuing a 14-day temporary restraining order after finding the ban was likely unconstitutional. Kelly ordered the administration to return the press credentials and signaled skepticism of the Justice Department’s defense, noting that the letters explaining the revocations were sent after the ban took effect and after the outlets had already sued.

The ruling came in a lawsuit the three outlets filed Monday in federal court in Washington, contesting a ban that Trump announced on September 18 on social media. The outlets argued the ban violated First Amendment protections for free speech and a free press, as well as their due process rights.

Kelly grounded his order in due process, citing prior case law that requires the government to provide advance notice of an infraction and the opportunity to plead one’s case before revoking a journalist’s White House hard pass. “Before a journalist’s White House hard pass was suspended or revoked, that the journalist was entitled to pre-deprivation notice and an opportunity to be heard,” the judge said.

A Justice Department lawyer argued the administration had provided a sufficient explanation in letters sent to the outlets on Tuesday. Kelly signalled skepticism of that argument, noting the letters came after the revocation had already occurred and the lawsuit had been filed.

In a Tuesday filing, the Justice Department argued that access to the White House is a privilege, not an entitlement, and that the president has authority to suspend access by news organizations.

Trump, announcing the ban on social media, said the three outlets “shouldn’t be able to constantly write or report FICTION and LIES.” Justice Department lawyers had sought to justify the ban on national security grounds.

A coalition of press freedom groups and dozens of news organizations filed a legal brief on Wednesday supporting the three outlets, asserting that “stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of supreme court jurisprudence.” The brief was signed by the Reporters Committee for Freedom of the Press, Reuters, the Washington Post, and Fox News, among others.

The temporary restraining order runs for 14 days. Such orders are typically designed to preserve the status quo pending a closer review of the case by the court.