Judge extends White House access for CNN, MS NOW and Politico

A federal judge has extended an order preventing President Donald Trump’s administration from barring CNN, MS NOW and Politico journalists from the White House while the outlets’ lawsuit proceeds.

U.S. District Judge Timothy Kelly issued a preliminary injunction Tuesday after finding that the organizations are likely to succeed on claims that revoking their reporters’ hard-pass credentials violated the First and Fifth Amendments. The injunction replaces a temporary order that had restored access in September and will remain in effect while the case is pending, unless an appeals court intervenes.

Kelly wrote that Trump’s public statements indicated the credentials were revoked because he objected to the outlets’ coverage and sought to influence their reporting. He also found that the organizations received inadequate warning before losing access. The judge rejected the Justice Department’s national-security rationale, saying there was no evidence Trump initially based his decision on such concerns.

Kelly cautioned that his ruling did not establish that Trump’s complaints about media accuracy and fairness were unfounded, or prevent the government from acting to protect national security when classified information is unlawfully disclosed.

Theodore Boutrous, an attorney for the three organizations, welcomed the decision and called the ban unconstitutional. The White House and Justice Department did not immediately comment to several news organizations. Bloomberg reported that Trump appealed the order.