Judge Rules Trump's Ban on CNN, Politico and MS NOW From the White House Is Likely Unconstitutional
A federal judge ordered the White House to immediately restore press credentials to three news outlets — but reporters said they were still being turned away hours later.
A federal judge ruled Thursday that President Trump's ban on CNN, MS NOW and Politico from White House grounds is likely unconstitutional, ordering the administration to restore the outlets' press credentials — though reporters said they were still being turned away hours after the decision came down.
U.S. District Judge Timothy J. Kelly granted a 14-day temporary restraining order and directed the White House to "immediately return, reinstate, and restore" the press credentials of employees at the three outlets, finding they were likely to succeed on their claim that the administration violated their constitutional due-process rights by revoking access without notice or a chance to respond.
Access restored on paper, not in practice
The ruling came after CNN, MS NOW and Politico sued the administration earlier this month over the ban, which the White House had defended by arguing the outlets' coverage jeopardized national security and spread falsehoods. Al Jazeera reports that despite Kelly's order, reporters from all three outlets said they remained blocked from White House grounds several hours later, prompting the news organizations to ask the court for an emergency hearing.
IMMEDIATELY RETURN, REINSTATE, AND RESTORE
Kelly noted in his opinion that temporary restraining orders like his are "generally unappealable," a detail that could limit the administration's options for a quick reversal even as it weighs a response. The order is narrower than a permanent injunction and expires in two weeks, meaning the underlying legal fight over the outlets' access is far from resolved.
Time reports the case is being watched as a test of how far a White House can go in controlling which outlets receive access to briefings, press pools and the grounds themselves — a fight that echoes a separate, ongoing legal battle over the Associated Press's access after it was blocked for declining to adopt the administration's renaming of the Gulf of Mexico.
A hearing on the outlets' request to enforce the order was expected within days. The White House had not said, as of Thursday afternoon, whether it plans to appeal once the restraining order is eligible for further review.