Judge extends order allowing CNN, Politico, and MS NOW White House access

A federal judge has extended an order blocking the Trump administration from banning reporters for CNN, MS NOW, and Politico from the White House. U.S. District Judge Timothy Kelly issued a preliminary injunction on Tuesday, preserving the status quo while the legal case proceeds.

Ruling on First Amendment and Due Process

Judge Kelly ruled that the three media outlets are likely to succeed on their constitutional free speech and due process claims. The judge stated that President Donald Trump’s press ban likely violated the First Amendment. Kelly wrote that Trump’s own comments explaining the ban show a "likely causal link between Plaintiffs’ protected First Amendment speech and his revocation of their hard passes."

The judge concluded that the ban amounted to unconstitutional viewpoint discrimination. "President Trump likely banned Plaintiffs from the White House because he believes that their reporting is generally inaccurate and biased against him," Kelly wrote. Additionally, Kelly noted that the mass cancellation of hard passes for nearly 80 reporters likely violated due process because the outlets were not given advance notice that concerns over their reporting could jeopardize access.

National Security Claims Rejected

The Justice Department argued that national security concerns motivated the ban, citing stories covering the Iran war, the East Wing ballroom construction, and the midterm GOP convention. However, Judge Kelly rejected these claims. He wrote that there was "no evidence in the record that President Trump made the decision to revoke Plaintiffs’ hard passes on national security grounds from the get-go, nor at any time has he directly stated that national security was the reason for his decision."

Despite ruling against the administration, Kelly added a caveat regarding the government's authority. "Still," he added, "no one should interpret the Court’s decision to suggest that President Trump’s concerns about accuracy and fairness in the media’s reporting are unfounded, or that the government is powerless when its true aim is to protect national security when classified information is unlawfully disclosed."

Legal Arguments and Next Steps

The case originated in September when Judge Kelly, a Trump appointee, temporarily restored the journalists' access. The temporary order was set to expire on Tuesday. Justice Department attorney Michael Velchik argued that it is "within the discretion of the president" to remove reporters from the White House. Velchik stated that "CNN has been on notice for years" and that Trump has long called the outlet "fake news."

Ted Boutrous Jr., the attorney for the media outlets, emphasized that the ban was subjective and decided by the president himself. "We know what he decided. He said it over and over again," Boutrous said. "He issued the ban himself."

Why it matters

This ruling maintains the legal precedent that the government cannot revoke press credentials based on viewpoint discrimination without due process. It sets the stage for the Trump administration to appeal the decision, continuing a significant legal battle over the boundaries of presidential power and press freedom.

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Sources

• dw.com: US judge extends media outlets' White House access
• cnn.com: Judge orders Trump administration to allow CNN, MS NOW, and Politico to access White House while press ban lawsuit plays out | CNN Politics
• wtop.com: Judge extends order blocking Trump administration from banning CNN, MS NOW and Politico reporters from White House – WTOP News
• politico.com: Judge extends order restoring White House access for POLITICO, CNN and MS NOW - POLITICO
• wxii12.com: Judge extends block on Trump effort to bar CNN, MS NOW and Politico reporters - WXII

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.