Federal Judge Orders White House to Restore CNN, MS NOW and Politico Access

A federal judge has temporarily ordered the White House to restore press access for journalists from CNN, MS NOW and Politico after President Donald Trump’s administration barred the three news organizations from the White House grounds.

U.S. District Judge Timothy Kelly issued the order early Thursday, directing the administration to “immediately return, reinstate, and restore” the press credentials of employees working for the three outlets.

The temporary restraining order will remain in effect for 14 days as the court considers the news organizations’ broader legal challenge to the administration’s decision. Kelly said the outlets had met the legal requirements for temporary relief and were likely to demonstrate that their press credentials had been revoked without adequate due process.

“This is a high bar, but Plaintiffs have met it,” Kelly wrote.

White House Ban Triggered Legal Challenge

Trump announced the ban on September 18, criticizing CNN, MS NOW and Politico for what he described as inaccurate and negative coverage of his administration.

The three organizations subsequently filed a lawsuit arguing that the administration had violated their First Amendment rights by withdrawing access because of the content of their reporting.

The Trump administration later argued that the outlets had violated standards expected of organizations granted access to the White House and claimed that some of their reporting involved national security concerns and sensitive information.

In court, Justice Department attorney Michael Velchik defended the administration’s position.

“Access to the White House is a privilege, not a right,” Velchik said.

He also argued that the president should have authority to act quickly when national security is involved.

Judge Questions National Security Argument

Kelly’s ruling addressed the administration’s national security justification and found that the explanation did not appear to match Trump’s original stated reasons for imposing the ban.

The judge noted that Trump initially focused on what he regarded as false or negative reporting rather than national security.

“Nothing in the record … suggests that the revocation of Plaintiffs’ hard passes was motivated by national security concerns,” Kelly wrote.

He also criticized the standards the administration had cited for revoking the organizations’ press credentials, describing the definition of objectionable reporting contained in letters sent to the outlets as “so vague it hardly does the trick.”

The ruling means the three organizations must temporarily regain the same type of White House access they had before the ban while the legal proceedings continue.

White House Cited Specific Reports

Administration lawyers had provided the court with examples of reporting that they said justified the restrictions.

The administration described the list as “a non-exhaustive list of reporting incidents, including those that have threatened national security and spread falsehoods.”

Among the examples were CNN reporting involving purportedly classified construction information concerning an East Wing bunker, MS NOW coverage of an alleged leak investigation and a Politico report involving funding for the White House ballroom and security improvements.

The administration also cited a Politico report based on comments from a senior administration official who had spoken to reporters anonymously about whether a preliminary agreement could bring an end to the conflict with Iran.

The report appeared to involve a background briefing arranged by the White House under conditions of anonymity. Other news organizations also reported on the official’s comments.

Journalists Initially Faced Further Access Problems

Although Kelly ordered the administration to restore the outlets’ credentials, journalists from the affected organizations initially reported difficulty entering the White House on Thursday morning.

CNN and Politico journalists said they were turned away even after the judge’s ruling.

The news organizations subsequently sought an emergency hearing, arguing that the administration had not immediately complied with the court’s order.

The White House later restored the credentials, and reporters from CNN, MS NOW and Politico were able to return to the White House grounds.

The administration said in a court filing that it had taken some time to begin the process of reinstating the journalists’ credentials.

Media Organizations Challenge White House Restrictions

The dispute has attracted broader attention because the affected outlets are members of the White House press corps and regularly cover presidential events.

Other news organizations filed a friend-of-the-court brief supporting CNN, MS NOW and Politico.

The White House Correspondents’ Association has also criticized the restrictions, arguing that journalists who receive access to the White House should not have that access withdrawn arbitrarily because officials object to their reporting.

The case comes amid a wider dispute between the Trump administration and several news organizations over White House press access.

Television Networks Suspend Pool Coverage

The dispute has also affected the rotating television news pool that provides video coverage of the president’s public events.

After CNN was removed from the rotation, the other major television networks declined to participate in the pool as a show of solidarity.

The five-network pool normally includes CNN, ABC, CBS, NBC and Fox News.

The judge’s temporary order did not resolve the separate dispute concerning the television pool.

On Wednesday, when Chinese President Xi Jinping was formally welcomed by Trump at Joint Base Andrews, journalists from several major networks were present but did not provide the usual pooled video coverage.

Other outlets, including NewsNation, Newsmax, Right Side Broadcasting Network, One America News and LindellTV, also had personnel at the event.

Broader History of White House Press Disputes

The current legal battle follows earlier disputes between Trump and news organizations over access.

During Trump’s first presidency, CNN correspondent Jim Acosta lost his White House press credentials following a confrontation during a presidential news conference. CNN challenged the decision in court, and Judge Kelly, who was nominated to the federal bench by Trump in 2017, ordered Acosta’s credentials restored.

The White House later revoked the press pass of Playboy correspondent Brian Karem following a dispute at a White House event. A different federal judge ordered his credentials restored.

The Trump administration also previously restricted Associated Press journalists from certain presidential events after the news organization declined to adopt Trump’s preferred terminology for the Gulf of Mexico. The Associated Press challenged that decision in court.

The Pentagon separately imposed restrictions on journalists last year that led several major news organizations to reject new access conditions. A federal judge later ruled that the restrictions were unconstitutional, although subsequent litigation continued over the Pentagon’s revised access arrangements.

Legal Proceedings Will Continue

Kelly’s order does not permanently resolve the dispute between the White House and the three news organizations.

The temporary restraining order provides the outlets with 14 days of restored access while the court considers whether to impose a longer preliminary injunction.

Under the schedule established by the court, the news organizations are due to file their motion by September 28. The administration is expected to respond by October 2, followed by a reply from the outlets by October 5.

Kelly said he intends to schedule a hearing and rule quickly on the request for continued relief.

For now, CNN, MS NOW and Politico journalists have regained access to the White House, while the underlying dispute over presidential authority, press access, due process and the First Amendment remains before the court.


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