Judge orders Trump administration to restore CNN, MS NOW and Politico access to White House

U.S. District Judge Timothy J. Kelly granted a temporary restraining order according to CBS News, reinstating the three outlets’ access to the White House grounds while their lawsuit against President Donald Trump proceeds. The order will remain in place for 14 days as Kelly considers whether to grant longer-lasting relief.

In an eight-page ruling, Kelly wrote that nothing in the record predating the lawsuit suggested the revocation of the outlets’ credentials was motivated by national security concerns, noting Trump instead focused on the alleged lack of truthfulness and negativity of the outlets’ reporting when he announced the ban.

Trump announced the ban Friday, saying he would bar CNN, MS NOW and Politico from the White House “effectively immediately” over their coverage of his administration. Journalists from the three outlets had their credentials confiscated Saturday when they attempted to enter the building.

The outlets sued Trump and senior administration officials Monday in Washington, D.C., federal court, arguing the ban violated their First Amendment and due process rights. Kelly, a Trump appointee, was assigned to the case and set an emergency hearing for Wednesday afternoon.

At that hearing, attorney Theodore Boutrous, representing the news organizations, argued the ban amounted to viewpoint discrimination and pointed to Trump’s public statements about the ban as evidence of retaliatory intent.

A Justice Department attorney countered that the outlets’ reporting endangered national security, an argument tied in part to Chinese President Xi Jinping’s visit to Washington this week, and maintained the president has broad discretion over who can access the White House.

Kelly did not rule from the bench Wednesday. The Justice Department is expected to appeal the ruling, and Trump said earlier this week his administration would turn to an appeals court if Kelly sided with the news outlets.

This is not Kelly’s first encounter with a White House press credential dispute. In 2018, he presided over CNN’s lawsuit to restore then-chief White House correspondent Jim Acosta’s press pass after it was revoked following a heated exchange with Trump. Kelly ruled in Acosta’s favor on due process grounds, and the administration ultimately restored his credentials.