A federal judge on Thursday temporarily ordered President Donald Trump to restore White House access for journalists from three media organizations.
US District Judge Timothy Kelly granted a temporary restraining order blocking the administration’s ban and directing officials to reinstate the outlets’ press access.
The order is set to remain in effect for 14 days as the broader legal dispute continues.
Trump barred reporters from CNN, MSNow and Politico from the White House on Friday, accusing the outlets of publishing “fake news” and describing their coverage as “fiction and lies.”
The three organizations filed a joint lawsuit seeking the temporary order, arguing that the ban violates the First Amendment’s protection of a free press.
During the hearing, Kelly expressed skepticism about the White House decision to target specific journalists. He said the administration had failed to provide the reporters with “constitutionally adequate due process.”
Reporters from CNN, MSNow and Politico who arrived at the White House over the weekend said their credentials were revoked and seized, leaving them to cover events from the sidewalk outside the complex.
President Donald Trump imposed a White House media ban on CNN, Politico and MSNow on Friday
The CNN booth at the White House sits empty after the outlet’s reporters were barred
MSNow correspondent Akayla Gardner reports from outside the White House after being denied entry
Justice Department attorneys defended the restrictions, arguing that coverage by the three outlets involving the Iran war and the proposed White House ballroom could create national security concerns and justify Trump’s action.
Justice Department lawyer Michael Velchik asked Kelly to delay restoring the reporters’ credentials until after Chinese President Xi Jinping’s visit on Thursday, citing security considerations.
The White House appeared to anticipate a ruling against the ban. Trump said Tuesday that he would “probably” allow the organizations to return if a court ordered him to do so.
Trump also wrote on social media that he expected Kelly to side with the media outlets.
“They have drawn a great Judge, for them, a man who ruled in favor of Jim Acosta, who now seems to have disappeared from the Planet,” Trump posted, while promising to appeal the decision.
Trump appointed Kelly to the federal district court in Washington in 2017.
In his ruling, Kelly wrote that the decision to revoke the outlets’ press credentials had “likely violated their constitutional due process rights.”
“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,” Kelly stated.
The judge reached a similar conclusion in 2018, ordering the Trump administration to return the White House credentials belonging to then-CNN correspondent Jim Acosta.
Acosta’s credential had been suspended after he declined to hand a microphone to a White House aide during a press conference.
CNN and other news organizations sued the White House to restore Acosta’s access to the building.
Politico White House reporter Cheyenne Haslett was also shut out after President Donald Trump revoked her credential
CNN Senior White House Reporter Betsy Klein reports from the sidewalk outside the White House
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‘It is imperative that independent journalists have access to the president and his activities and that journalists are not barred for arbitrary reasons,’ they said in a joint statement at the time.
At the time, Justice Department lawyers argued there was no general constitutional right for the press to enter the White House, leaving it up to the discretion of the White House.
The White House ultimately restored Acosta’s pass, prompting CNN to drop the lawsuit, calling it ‘no longer necessary.’
The legal battle has unfolded just weeks before the November 3 midterm elections in which Trump’s fellow Republicans are fighting to retain control of Congress. Trump’s job approval ratings are at record lows in opinion polls amid concerns over issues such as the Iran war and inflation.
