WASHINGTON: A federal judge on Thursday ordered the Trump administration to restore White House access for journalists from CNN, MS NOW and Politico, ruling that the ban imposed on the three news organisations was likely unconstitutional.
US District Judge Tim Kelly ordered officials to immediately reinstate the outlets’ press passes and barred the administration from enforcing the ban for 14 days while the legal challenge proceeds.
The ruling came after the three organisations sued President Donald Trump and members of his administration over the ban, which Trump announced on September 18.
Judge questions national security justification
Kelly rejected the administration’s argument that the restrictions were justified by national security concerns.
“The record lacks factual support” for the claim that revoking the outlets’ hard passes would protect national security, the judge said.
He also noted that Trump had publicly linked the decision to what he described as the outlets’ alleged lack of truthfulness and negative reporting.
Trump had previously accused the three organisations of repeatedly reporting what he called “FICTION and LIES” in a social media post. Justice Department lawyers later argued that national security considerations supported the administration’s decision.
The White House and representatives for the three news organisations did not immediately comment on the ruling.
Media groups challenge White House decision
CNN, MS NOW and Politico filed their lawsuit in federal court in Washington on Monday, arguing that the ban violated First Amendment protections for freedom of speech and the press, as well as their due process rights.
The organisations sought an immediate temporary order restoring their access to the White House.
During a hearing on Wednesday, Kelly pointed to two precedents from the US Court of Appeals for the District of Columbia Circuit that he said established due process protections for journalists facing the loss of White House press access.
Trump bars CNN, MS NOW and Politico from White House in latest media clash
The judge also questioned whether the administration had provided the three outlets with a meaningful opportunity to challenge the decision before their access was revoked.
An attorney representing the news organisations told the court that the outlets had been banned without advance notice or an opportunity to contest the decision.
A Justice Department lawyer argued that letters sent to the organisations on Tuesday provided a sufficient explanation for the revocation. Kelly expressed skepticism, noting that the letters were issued after the access had already been revoked and after the lawsuit had been filed.
Press freedom groups back news organisations
In a legal filing on Tuesday, the Justice Department argued that access to the White House is a privilege rather than an entitlement and that the president has authority to suspend access for news organisations.
Meanwhile, a coalition of press freedom groups and dozens of news organisations filed a brief supporting CNN, MS NOW and Politico.
They argued that removing journalists and news organisations from White House access because of their perceived editorial viewpoint conflicts with longstanding US Supreme Court precedent.
The brief was signed by organisations including the Reporters Committee for Freedom of the Press, Reuters, The Washington Post and Fox News.
The legal dispute comes weeks before the November 3 midterm elections, when Republicans are seeking to retain control of Congress.
