Federal judge issues restraining order against the Trump admin, temporarily blocking the White House from enforcing the president’s media ban
A President Donald Trump-appointed federal judge has temporarily blocked the president from enforcing the White House’s ban on CNN, MS NOW and Politico, ordering the Trump administration to immediately restore the outlets’ press credentials. U.S. District Judge Timothy James Kelly issued the 14-day restraining order early on Thursday, September 24, while the three news organizations challenge the administration’s decision to remove their access.
Donald Trump cries ‘fake news’
Trump announced the restrictions in a Truth Social post, saying that the three outlets would not be permitted at the White House “as a result of their constant ‘reporting’ FAKE NEWS!”
“Other Fake News Media Outlets to follow,” he added.
The announcement initially created uncertainty about when the ban would take effect. On Saturday, September 19, however, staff from CNN, Politico and MS NOW were walked off White House property.
The president’s stated justification centered on what he described as the outlets’ negative coverage and lack of truthfulness.
Attorneys representing the organizations told the judge there had been no “semblance of due process” and characterized the decision as “clear retaliation.”
DOJ defends White House authority to remove the news agencies
The Department of Justice argued that White House access is “a privilege — not a right” and that “there is no such due process or First Amendment right attaching to these credentials.” The Trump administration also said the outlets failed the “minimum requirements of professionalism” and had published sensitive national-security information. A White House statement on Monday, September 21, said, “The First Amendment protects their right to publish; it does not entitle them to a hard pass, briefing room seat or place in the press pool.”
Judge finds due process concerns
Kelly, who was appointed by Trump during his first term, found that the news organizations were likely to succeed in arguing that the Trump administration failed to provide the due process required before revoking their press passes. According to reports, the outlets received neither advance notice nor an opportunity to challenge the decision before their credentials were deactivated and confiscated. The temporary order restores White House access for journalists and producers from CNN, MS NOW and Politico but does not resolve the lawsuit.
Kelly also rejected the Trump administration’s national-security argument, writing, “The record lacks factual support for defendants’ contention that the revocation of plaintiffs’ hard passes will in fact protect national security or that national security will be endangered if the court orders their passes reinstated while this litigation proceeds.”
Media groups unite against ban
Dozens of media organizations, including The New York Times, Fox News and regional newspapers and television outlets, backed CNN, Politico and MS NOW in a joint filing on Wednesday, September 23, led by the Reporters Committee for Freedom of the Press and the White House Correspondents’ Association. The groups argued that White House access should not depend on whether coverage is favorable to the administration and called Trump’s action unconstitutional.
First Amendment advocate Seth Stern said it’s “difficult to imagine a more blatant violation of the First Amendment” and added that “it’s also hard to imagine a dumber move.”
Former President Barack Obama also criticized the move. “I’m trying to think what would have happened if I had said, ‘You know what, Fox News, you’re out of here,’” Obama said. “It’s unimaginable.”
“If you have a certain cohort — let’s call it 30-35 percent of the country right now — which thinks that’s OK, well, what that means is we have not developed the kind of understanding of what democracy requires. And we’ve gotta shore that back up,” he added.