Judge blocks White House ban on CNN, MS NOW and Politico as case proceeds

A federal judge has barred President Donald Trump’s administration from denying CNN, MS NOW and Politico access to the White House while the outlets’ lawsuit proceeds, finding that they are likely to prevail on First Amendment and due process claims.

U.S. District Judge Timothy Kelly issued a preliminary injunction late Tuesday, replacing an earlier temporary order that restored the outlets’ hard-pass credentials. The ruling allows their journalists to continue entering White House press areas unless a later court decision changes the order.

Kelly found that Trump likely revoked the credentials because he objected to the organizations’ coverage. The judge cited Trump’s public statements and wrote that withdrawing the passes could deter a reasonable journalist or news organization from publishing reporting the president opposed. He also said the outlets received no advance warning that their credentials were at risk or an opportunity to respond.

The Justice Department argued that the restrictions were based on national security concerns. Kelly rejected that rationale as unsupported by the record and raised after the decision, while noting that the government retains authority to address genuine national security threats involving classified information.

Theodore Boutrous, an attorney for the three organizations, welcomed the injunction and said the ban violated constitutional protections. The administration has appealed the order, according to Bloomberg. Trump had previously said the Justice Department would appeal an adverse ruling.