Judge orders White House to immediately restore access to CNN, MS NOW, Politico

A federal judge ordered the White House early Thursday to immediately restore press credentials for reporters at CNN, MS NOW and Politico, ruling that President Trump’s ban likely violated their constitutional due process rights. U.S. District Judge Timothy Kelly handed down the ruling in the middle of the night, hours after holding an emergency hearing on the outlets’ lawsuit. His ruling lasts for two weeks. The trio of outlets sued after being denied access to the White House grounds on Saturday. The administration sent letters to the outlets pointing to national security concerns, but those weren’t sent until afterward. “Defendants do not dispute that Plaintiffs did not receive notice and an opportunity to be heard before their hard passes were revoked,” wrote Kelly, a Trump appointee. It’s a similar rationale to the one the judge issued in 2018, when then-CNN White House reporter Jim Acosta’s hard pass was revoked. In both, the judge found that he’s bound by a 1977 decision from the U.S. Court of Appeals for the District of Columbia Circuit that the Fifth Amendment’s procedural due process protections kick in when the White House arbitrarily denies a press credential to reporters. The Trump administration had told the judge the decision should be overturned. “Maybe—but this Court is bound by D.C. Circuit precedent, full stop,” Kelly wrote. Ahead of the ruling, Trump had predicted he would lose and already vowed to appeal. “This is a judge who’s not a particularly fair judge,” the president said earlier this week. In court, the administration has defended banning the trio of news organizations by pointing to national security concerns, singling out specific stories the outlets wrote. But the judge called those stories “routine” and said he was “skeptical” that national security was the real motivator. “Certainly, that is not what President Trump said when he announced that he was ‘banning’ Plaintiffs from the White House—instead, he focused on the alleged lack of truthfulness and negativity of Plaintiffs’ reporting,” the judge wrote. The president deflected on Tuesday when asked whether he would restore access for CNN, Politico and MS NOW if the judge ordered it. “I think we have a right to clean out fake news,” Trump said.

A federal judge ordered the White House early Thursday to immediately restore press credentials for reporters at CNN, MS NOW and Politico, ruling that President Trump’s ban likely violated their constitutional due process rights.

U.S. District Judge Timothy Kelly handed down the ruling in the middle of the night, hours after holding an emergency hearing on the outlets’ lawsuit. His ruling lasts for two weeks.

The trio of outlets sued after being denied access to the White House grounds on Saturday. The administration sent letters to the outlets pointing to national security concerns, but those weren’t sent until afterward.

“Defendants do not dispute that Plaintiffs did not receive notice and an opportunity to be heard before their hard passes were revoked,” wrote Kelly, a Trump appointee.

It’s a similar rationale to the one the judge issued in 2018, when then-CNN White House reporter Jim Acosta’s hard pass was revoked.

In both, the judge found that he’s bound by a 1977 decision from the U.S. Court of Appeals for the District of Columbia Circuit that the Fifth Amendment’s procedural due process protections kick in when the White House arbitrarily denies a press credential to reporters. The Trump administration had told the judge the decision should be overturned.

“Maybe—but this Court is bound by D.C. Circuit precedent, full stop,” Kelly wrote.

Ahead of the ruling, Trump had predicted he would lose and already vowed to appeal.

“This is a judge who’s not a particularly fair judge,” the president said earlier this week.

In court, the administration has defended banning the trio of news organizations by pointing to national security concerns, singling out specific stories the outlets wrote. But the judge called those stories “routine” and said he was “skeptical” that national security was the real motivator.

“Certainly, that is not what President Trump said when he announced that he was ‘banning’ Plaintiffs from the White House—instead, he focused on the alleged lack of truthfulness and negativity of Plaintiffs’ reporting,” the judge wrote.

The president deflected on Tuesday when asked whether he would restore access for CNN, Politico and MS NOW if the judge ordered it.

“I think we have a right to clean out fake news,” Trump said.