A federal judge extended a block on the Trump administration’s revocation of press passes for three major news organizations late Tuesday, allowing CNN, Politico, and MS NOW to continue accessing White House grounds while their legal challenge proceeds.
U.S. District Judge Timothy Kelly issued a 26-page order granting a preliminary injunction that replaces a temporary restraining order which had expired earlier in the day. The ruling permits journalists from the three outlets to resume covering events at the executive mansion pending further court review.
Court Rejects National Security Justification
Judge Kelly, who was nominated by President Trump and confirmed by the Senate 94-2 in September 2017, rejected arguments from the Department of Justice that the pass revocations were necessary for national security. The judge found no evidence in the record that the president cited national security concerns when announcing the ban on September 18 via social media.
“First, there is no evidence in the record that President (Donald) Trump made the decision to revoke Plaintiffs’ hard passes on national security grounds from the get-go,” Judge Kelly wrote in his order.
The White House press office had sent letters on September 22 citing national security concerns and misinformation as reasons for revoking the credentials. The administration’s move ousted 78 journalists from CNN, Politico, and MS NOW.
First Amendment and Due Process Claims
In his ruling, Judge Kelly determined that the news organizations are likely to succeed in claiming unlawful retaliation for exercising First Amendment rights. He noted that President Trump’s comments suggested an intent to alter reporting and deter journalists.
The judge also found the outlets likely to succeed in arguing they were denied due process. Michael Velchik, senior counsel in the civil division of the Justice Department, had argued on September 23 that White House access is a privilege rather than a right.
Theodore J. Boutrous Jr., lawyer for the news outlets, stated the administration’s actions violated constitutional protections. “When the President issued his ‘ban on the free press,’ he blatantly and explicitly violated due process and the First Amendment,” Boutrous said.
Background of the Dispute
The conflict began when President Trump banned CNN, MS NOW, and Politico via social media on September 18, citing “FAKE NEWS.” The three news outlets subsequently sued the White House in U.S. District Court for the District of Columbia on First Amendment grounds.
Judge Kelly had previously issued an eight-page temporary restraining order on September 24 that temporarily restored press access. That order expired Tuesday, prompting the administration to attempt enforcement of the ban until Judge Kelly extended the block with his preliminary injunction late in the day.
The dispute triggered a broader media response, with major television networks suspending video feeds from the White House in solidarity over several days. These networks typically rotate distributing video coverage from the executive mansion.
Administration Plans Appeal
The Trump administration has indicated it will appeal Judge Kelly’s ruling. The legal battle centers on whether the president can revoke press credentials without providing due process and whether such actions constitute retaliation against protected speech.
Judge Kelly’s decision does not resolve the underlying lawsuit but maintains the status quo regarding press access while the case moves forward in federal court. The preliminary injunction ensures that journalists from CNN, Politico, and MS NOW can continue their coverage duties at the White House during the litigation process.