A federal judge granted a preliminary injunction restoring White House press access for CNN, MS NOW and Politico while their lawsuit proceeds.
A federal judge in Washington ordered the Trump administration late Tuesday to allow journalists from CNN, MS NOW and Politico back onto White House grounds while their lawsuit against the president moves ahead.
U.S. District Judge Timothy Kelly granted a preliminary injunction that preserves access for the three news organizations until the court decides the underlying case, NBC News reported. The 26-page decision found that stripping the journalists of their press passes likely violated their First Amendment speech protections and Fifth Amendment due process rights, though the order doesn’t force the White House to admit them into smaller venues like the Oval Office or Air Force One.
Why the judge rejected national security claims
The administration argued during a court hearing that the ban was necessary because of national security issues and professionalism concerns. Justice Department attorney Michael Velchik asked Kelly to remove an earlier temporary restraining order, describing the White House as a sacred place where access is an earned privilege rather than a constitutional entitlement.
Kelly rejected the government’s national security rationale, writing that the president’s motivation was clearly tied to the content of the coverage. The judge pointed out that Donald Trump didn’t raise national security when announcing the action, citing instead recent interviews and statements where the president complained about unfavorable news stories.
“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.
Kelly noted that his ruling doesn’t leave the government powerless when classified material is improperly leaked, nor does it conclude Trump’s complaints about media fairness lack any basis. Even so, the judge explained that stripping passes to penalize critical coverage would deter typical reporters from writing stories an administration dislikes.
How the credential fight unfolded
Trump announced the ban on Sept. 18 on social media, claiming the three outlets were constantly reporting fake news and warning that other organizations could soon face similar measures, CBS News reported. The next day, the U.S. Secret Service confiscated the credentials of reporters from the targeted outlets and turned them away at the gates.
The ban stripped credentials from 78 journalists who held hard passes, which are badges granted to reporters who have completed government security screening. CNN, MS NOW and Politico sued Trump and three administration officials on Sept. 21, asserting that the administration punished them for their reporting without giving them advance warning or a fair forum to contest the penalties.
The White House Press Office sent letters the next day giving the outlets until Sept. 25 to answer allegations that their reporting harmed national security and breached journalistic standards, according to Variety. Administration officials supplied lists of disputed articles, but records showed that most of those stories were written by reporters who didn’t possess White House credentials. One flagged Politico piece had been reported directly from an administration press briefing.
Kelly intervened on Sept. 24 with a temporary restraining order compelling the White House to reinstate the passes while he considered longer-term relief. When the administration argued that past D.C. Circuit rulings on press credential procedures were wrongly decided, Kelly wrote that his court remained bound by those circuit precedents.
Network boycott and what happens next
The dispute has triggered broader tension between the administration and national press organizations. Following the initial ban, five major television networks briefly refused to operate pooled video and audio coverage of the president, prompting an antitrust inquiry from federal prosecutors over the White House press pool boycott.
The administration had previously barred Associated Press reporters from Oval Office and travel pool rotations after the wire service declined to adopt the administration’s preferred name for the Gulf of Mexico. While a federal appeals court allowed those specific room restrictions to stay in place, that court hasn’t ruled on the underlying legality of banning reporters from the grounds entirely.
Trump stated on social media prior to Tuesday’s ruling that the Justice Department will appeal any unfavorable decision from Kelly. The preliminary injunction will keep the reporters’ passes active as the case moves toward trial.
