CNN, Politico and MS NOW Return to White House Hours After Being Turned Away Despite Judge’s Order

CNN, Politico and MS NOW journalists were back inside the White House by midday Thursday after U.S. District Judge Timothy Kelly blocked President Donald Trump’s ban shortly after midnight and ordered their press credentials immediately restored. Reporters were still turned away hours later, prompting the three outlets to return to court seeking an emergency hearing before access was restored.

Kelly issued the 14-day temporary restraining order after hearing arguments Wednesday afternoon, directing White House officials to “immediately return, reinstate, and restore” credentials revoked from employees of all three organizations. He found the outlets were likely to succeed on their claim that their White House hard passes were taken away without constitutionally adequate due process.

Journalists attempting to enter the White House Thursday morning were denied entry despite the order. The outlets quickly filed an emergency request accusing the administration of repeatedly violating Kelly’s ruling and asking him to hold another hearing as soon as possible.

Their filing also pointed to CNN’s scheduled television pool coverage during Chinese President Xi Jinping’s White House visit later Thursday. Kelly ordered the Justice Department to respond to the alleged violation by 12:30 p.m. ET.

By midday, journalists from CNN, Politico and MS NOW had regained access to the White House, and their credentials had been restored.

Trump announced the restrictions September 18 after accusing the outlets of producing “fake news.” CNN, Politico and MS NOW sued three days later, alleging retaliation over their coverage and violations of the First and Fifth Amendments.

Kelly based the temporary order on due process, finding the outlets were likely to show that their hard passes were revoked before they received adequate notice or an opportunity to respond. D.C. Circuit precedent requires both before the government takes away an issued White House press credential.

The administration later cited professionalism, decorum, and national security in explaining the exclusions. Kelly said the professionalism standard was too vague to provide clear notice of what conduct could cost a journalist access, calling it “so vague it hardly does the trick.”

The judge also contrasted the administration’s later national security argument with Trump’s initial statements, which focused on what he described as false and negative coverage. Kelly said the record before him did not show that national security concerns prompted the original revocations.

Thursday’s ruling addressed the outlets’ Fifth Amendment due process claim, which Kelly found sufficient to support emergency relief. Their First Amendment claim accusing the administration of viewpoint discrimination remains part of the lawsuit.

The court will now move to an expedited schedule for considering a preliminary injunctionpreliminary injunctionA preliminary injunction is a temporary court order issued before a case is finally decided that requires a party to take or stop an action while the litigation continues. Federal courts generally consider the likelihood of success, irreparable harm, the balance of equities, and the public interest before granting one.Read more →, which could extend the restrictions on the administration beyond Kelly’s 14-day temporary order.