A US federal judge has ordered the Trump administration to temporarily restore White House access to journalists from CNN, MS NOW and Politico after their press credentials were revoked following a ban imposed by President Donald Trump.
US District Judge Timothy Kelly issued a 14-day temporary restraining order early Thursday, ruling that the journalists had been denied constitutionally adequate due process when their White House press credentials were withdrawn.
The three news organisations had sued the administration, arguing that the decision violated their First Amendment rights and deprived them of due process.
The administration defended the restrictions by citing national security concerns and arguing that the President has authority to determine access to the White House.
Kelly, however, said the government had not presented sufficient evidence to support the national security justification.
“Nothing in the record that predates this suit suggests that the revocation of Plaintiffs’ hard passes was motivated by national security concerns,” Kelly wrote.
The judge noted that when Trump announced the restrictions, he had focused on what he described as the outlets’ lack of truthfulness and negative reporting rather than national security concerns.
Kelly also found that the journalists were not given prior notice or an opportunity to challenge the decision before their credentials were revoked.
“The ‘general rule’ is that ‘individuals must receive notice and an opportunity to be heard before the Government deprives them’ of a constitutionally protected interest,” he wrote.
The judge further said the administration had not demonstrated that the news organisations had violated clearly established standards that would justify the withdrawal of their credentials.
He also questioned some of the reports cited by the government to support the restrictions, describing some as routine journalism.
Among the examples was a CNN report about plans to rebuild a bunker beneath the White House East Wing. Kelly noted that the report had been published months before the reporter’s press pass was renewed.
“None of Defendants’ arguments convince the Court that Plaintiffs are not likely to succeed on their due process claim,” Kelly said.
He also concluded that the news organisations had demonstrated the possibility of irreparable harm if the restrictions remained in place and that the public interest supported temporarily restoring their access.
The judge directed the parties to continue presenting arguments and evidence during the next two weeks. He also said the temporary order could not be immediately appealed.
The legal dispute began after Trump announced on Friday that CNN, MS NOW and Politico would be barred from the White House, accusing the outlets of publishing what he described as “FAKE NEWS!”
During Wednesday’s hearing, attorney Ted Boutrous, representing the news organisations, argued that the administration’s national security justification was developed only after the lawsuit was filed.
Justice Department attorney Michael Velchik disputed that argument, maintaining that the outlets’ reporting had created national security concerns and that Trump had authority over access to the White House.
Boutrous welcomed the ruling, saying it protected freedom of the press, due process and the rule of law.
Kelly previously presided over a similar legal dispute in 2018 involving Trump’s decision to revoke the White House access of then-CNN correspondent Jim Acosta.
