A federal judge dealt a temporary setback Thursday to President Donald Trump’s effort to bar CNN, MS NOW and Politico from the White House, ordering the administration to restore the outlets’ press credentials while their legal challenge proceeds.
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U.S. District Judge Timothy Kelly issued a temporary restraining order requiring White House officials to “immediately return, reinstate, and restore” the organizations’ hard-pass credentials. The order will remain in effect for 14 days.
Kelly said the outlets had demonstrated they were likely to succeed on their argument that their credentials were revoked without adequate due process.
“This is a high bar, but Plaintiffs have met it,” Kelly wrote.
The judge also declined, at this stage of the case, to accept the administration’s national security rationale. Kelly wrote that “the record lacks factual support” for the argument that revoking the credentials protected national security or that restoring them would create a danger.
Trump announced the ban last week after accusing the three outlets of repeatedly publishing false information.
“Media Outlets shouldn’t be able to constantly write or report FICTION and LIES,” Trump wrote on social media.
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Reporters for the organizations were subsequently denied White House entry, with their credentials either deactivated or confiscated.
The three news organizations and three individual reporters sued, arguing that the administration violated their First Amendment free speech protections and Fifth Amendment due process rights.
Justice Department attorneys defended the administration’s action, arguing that access to the White House press corps is a privilege rather than a right and that the president has authority to decide who receives access.
The dispute also prompted a response from major television networks. FOX News Media, ABC News, CBS News, CNN and NBC News announced Monday that they had agreed to suspend pooled television coverage of Trump.
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