Judge Keeps Banned News Outlets in the White House
A federal judge barred the Trump administration from enforcing the president's September ban on CNN, MS NOW and Politico while their lawsuit goes on, finding the outlets are likely to win their claims that the ban denied them fair process and punished their reporting.
A federal judge on Tuesday ordered the Trump administration not to enforce its September decision to strip White House hard passes from reporters at CNN, MS NOW and Politico, for as long as their lawsuit lasts. Hard passes are the credentials that let reporters enter the White House complex without an escort.
U.S. District Judge Timothy Kelly, whom Trump appointed in his first term, found in a 26-page opinion that the outlets are likely to win their due-process claim and two First Amendment claims, retaliation and viewpoint discrimination. Trump announced the ban on social media on 18 September. When he did, Kelly noted, "he did not mention national security."
Why it matters: while the injunction stands, reporters from the three outlets with hard passes may enter the White House on the same footing as other credentialed press. The order does not decide the final merits of the case, and Trump said on social media last month that the Justice Department would appeal if he lost, CBS News reported.
The hopeful detail: Kelly first restored access in a temporary order on 24 September, and Tuesday's order keeps that arrangement in place.
Washington — U.S. District Judge Timothy Kelly on Tuesday, 13 October, ordered the Trump administration not to enforce a September decision that stripped White House hard passes from journalists at CNN, MS NOW and Politico, extending relief for as long as the case lasts.
A preliminary injunction is a court order that preserves the status quo until a full trial or settlement. Kelly, whom Trump appointed in his first term, found in a 26-page opinion that the outlets are likely to win on their due-process claim under the Fifth Amendment and on two First Amendment claims, retaliation and viewpoint discrimination. Hard passes are the credentials that let reporters enter the White House complex without an escort.
How the ban arrived
Trump posted on social media on 18 September that he was "banning" CNN, MS NOW and Politico "from the White House," the opinion records; he accused them of "fake news," the BBC reported. Reporters who arrived the next day were turned away and had credentials taken by the Secret Service, CBS News reported. The outlets and three of their reporters sued on 21 September, arguing the ban punished their coverage and that they got no notice or chance to respond before the passes were pulled.
On 22 September, the day after the suit was filed, the White House press office sent unsigned letters saying the passes were revoked, the opinion says, listing stories it said "threatened national security and/or spread falsehoods" and setting a 25 September deadline to reply, CBS News reported. On 24 September Kelly restored access for 14 days in a temporary order based on due-process concerns. Tuesday's order keeps that arrangement in place.
What the judge found
The revocation "is the sort of action that would deter a reasonable reporter or news organization from publishing stories to which he objects," Kelly wrote, and it "matters a lot as to how, whether, and to what extent they can do their jobs." Trump's own comments "suggest that he intended the revocation of Plaintiffs' hard passes to alter their reporting on him," the opinion says. On national security, Kelly noted that when Trump announced the ban on 18 September, "he did not mention national security."
"Many of the reporters who authored the reporting cited" in the White House letters "did not even hold hard passes," Kelly wrote. He also cautioned that no one should read the ruling to suggest that Trump's concerns about accuracy and fairness in the media "are unfounded," or that the government is powerless to protect classified information.
What it means in practice
While the injunction stands, CNN, MS NOW and Politico reporters with hard passes may enter the White House complex on the same footing as other credentialed press. The order does not decide the final merits of the case. Trump said on social media last month that the Justice Department would appeal if he lost, CBS News reported.
What happens next
The administration can ask a higher court to stay or reverse the injunction. The lawsuit continues on the due-process and First Amendment claims. The outlets must post a $1 bond by 19 October, the order says.