A federal judge on Thursday ordered President Donald Trump to lift his ban on three media outlets from the White House on a temporary basis.
US District Judge Timothy Kelly issued a temporary restraining order that blocked the ban on the outlets and ruled that their access must be reinstated.
The order will remain in place for 14 days while the legal battle plays out.
The president restricted journalists from CNN, MSNow, and Politico from the White House on Friday citing ‘fake news’ reporting that was ‘fiction and lies.’
CNN, MS NOW and Politico 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, which upholds the right to a free press.
Kelly indicated early in the hearing that he was skeptical of the president’s decision to revoke access for select journalists, noting that the White House did not give them ‘constitutionally adequate due process.’
Journalists from the three outlets who went to the White House over the weekend had their press passes revoked and confiscated, forcing them to work on the sidewalk outside the White House.
President Donald Trump enacted a media ban for CNN, Politico, and MSNow on Friday
The CNN booth at the White House remains empty after reporters were banned
MS Now correspondent Akayla Gardner reports outside the White House grounds after she was blocked from entering the White House
Responding to today’s ruling, Ted Boutrous, the lawyer representing the news outlets, told CNN: ‘This is a strong ruling vindicating freedom of the press, due process and the rule of law. We greatly appreciate the court’s swift action.’
Justice Department lawyers argued that the three media outlets in question and their reporting surrounding the Iran war and the White House ballroom project could amount to a national security risk that justified the president’s decision.
Justice Department attorney Michael Velchik urged Kelly to not restore reporters’ passes until after Chinese leader Xi Jinping visits on Thursday, citing national security concerns.
The White House was prepared for the ruling in favor of the media outlets, as Trump admitted Tuesday he would ‘probably’ let the banned outlets return if the courts ordered him to do so.
Trump also acknowledged on social media that Kelly would rule in their favor.
‘They have drawn a great Judge, for them, a man who ruled in favor of Jim Acosta, who now seems to have disappeared from the Planet,’ the president wrote, vowing in advance to appeal the ruling.
Kelly was appointed by President Trump to the federal district court in Washington in 2017.
Kelly found that the revocation of press passes ‘likely violated their constitutional due process rights,’ according to the ruling.
‘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,’ Kelly wrote.
Kelly issued a similar ruling in 2018, when he ordered the Trump administration to return then-CNN anchor Jim Acosta’s credentials.
The White House suspended Acosta’s credential after he refused to give up a microphone to a White House aide during a press conference.
CNN and other news organizations sued the White House to restore Acosta’s access to the building.
Politico White House reporter Cheyenne Haslett was also shut out after President Donald Trump revoked her credential
CNN Senior White House Reporter Betsy Klein reports from the sidewalk outside the White House
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‘It is imperative that independent journalists have access to the president and his activities and that journalists are not barred for arbitrary reasons,’ they said in a joint statement at the time.
At the time, Justice Department lawyers argued there was no general constitutional right for the press to enter the White House, leaving it up to the discretion of the White House.
The White House ultimately restored Acosta’s pass, prompting CNN to drop the lawsuit, calling it ‘no longer necessary.’
The legal battle has unfolded just weeks before the November 3 midterm elections in which Trump’s fellow Republicans are fighting to retain control of Congress. Trump’s job approval ratings are at record lows in opinion polls amid concerns over issues such as the Iran war and inflation.
