A US federal judge has ordered the Trump administration to immediately reinstate White House access for CNN, MSNBC, and Politico. The three outlets were barred from the White House by President Trump on Friday as punishment for distributing what he branded "fake news" and "fiction and lies." The outlets filed a joint lawsuit asking for a temporary restraining order against the ban on the grounds that it violates the First Amendment of the US Constitution.
Judge Timothy Kelly found that the revocation of press passes "likely violated their constitutional due process rights," according to the eight-page ruling issued Thursday. Kelly wrote that the "general rule" is that "individuals must receive notice and an opportunity to be heard before the Government deprives them" of a constitutionally protected interest. The judge said that press credentials held by employees of the three outlets will be reinstated "until further Order of the Court or the expiration of this Temporary Restraining Order," which is to remain in effect for 14 days.
The Department of Justice had argued that Trump can "control reporters' access to restricted presidential areas, such as the Oval Office." The Department said that "access to the White House is a privilege — not a right." However, Judge Kelly was skeptical of this argument, and noted that the stories identified in letters to the outlets were "routine." The Court questioned whether the White House's interest in safeguarding national security was the actual motivation for the revocation of the outlets' hard passes.
The White House Press Office had accused CNN of "trafficking in verifiable falsehoods about national security and other issues, and publishing sensitive or classified information." Similar accusations were levelled against MSNBC and Politico. The letter to CNN cited several stories about the US-Iran war and a story on Trump's plans to build a military bunker below the planned East Wing ballroom.
Theodore Boutrous, representing the media outlets in court, argued that being punished for reporting on national security issues "that the government would rather have not be reported on is just contrary to First Amendment principles." The White House Correspondents' Association and nearly 50 news organisations also filed a brief with the court calling for the bans on CNN, MSNBC, and Politico to be reversed.
The ban came at a time when Trump's approval ratings are at record lows, his Republican Party risks losing control of Congress in November's midterm elections, and the Middle East conflict drags on with no end in sight. In a rare move, the top five US broadcasters said Monday that they were halting pool coverage of the White House in solidarity with CNN.
Trump appeared to suggest on Tuesday that CNN should not be covering him outside of the White House either. The White House launched a streaming channel, which it said would show "top videos, major remarks, and must-see highlights streaming 24/7 and updated in real time." The ruling is a temporary victory for the three outlets, but the issue may still be appealed.
Key points
- A US federal judge has ordered the Trump administration to reinstate White House access for CNN, MSNBC, and Politico.
- The ban was imposed as punishment for the outlets' reporting, which Trump branded "fake news" and "fiction and lies."
- The ruling is a temporary victory for the three outlets, but the issue may still be appealed.
