A US federal judge has ordered the administration of President Donald Trump to temporarily restore White House access for journalists from CNN, MS NOW and Politico after ruling that the outlets’ press credentials were revoked without adequate due process.
US District Judge Timothy Kelly issued the temporary restraining order early Thursday, directing the administration to reinstate the reporters’ White House hard passes for 14 days while the court considers further arguments and evidence from both sides.
The three news organisations had sued the Trump administration after the president announced that they were being barred from the White House.
In his ruling, Kelly said the administration had failed to provide the journalists with sufficient notice and an opportunity to challenge the decision before their press credentials were taken away.
The judge also questioned the administration’s national security justification for the ban, noting that the record before the court did not establish that national security concerns were the original reason for revoking the journalists’ access.
Kelly pointed to Trump’s public announcement of the ban, in which the president criticised the outlets for what he described as negative and untruthful reporting.
The judge said the administration later cited national security concerns in letters sent to the news organisations, but found that the explanations were unclear and appeared to combine allegations of threats to national security with claims that the outlets had published false information.
According to the ruling, the administration did not give the affected journalists an opportunity to appeal before their credentials were confiscated.
Kelly cited established legal precedent requiring the government, in general circumstances, to provide notice and an opportunity to be heard before depriving individuals of a constitutionally protected interest.
The administration argued that Trump had the authority to determine which journalists could have access to the White House and that the outlets had been given an appeals process through letters issued after the ban.
During a court hearing on Wednesday, Justice Department lawyer Michael Velchik argued that reporting by CNN, MS NOW and Politico had raised national security concerns.
Lawyer Ted Boutrous, representing the three news organisations, disputed that argument. He told the court that the national security justification emerged only after the ban had been announced and after the organisations filed their lawsuit.
Kelly also questioned the administration’s reliance on specific news reports to justify the restrictions.
One CNN report cited by the administration concerned plans for a bunker beneath the White House East Wing. The judge noted that the report had been published months before the reporter involved had her White House press pass renewed.
The judge concluded that the news organisations had demonstrated a likelihood of suffering irreparable harm if their access remained blocked.
He also said the public had an interest in maintaining access to a free press and in ensuring that established due-process protections were followed.
Kelly previously handled a similar dispute in 2018 involving CNN correspondent Jim Acosta, whose White House access was temporarily revoked following a confrontation with Trump.
The judge said the circumstances surrounding the latest dispute did not justify departing from established due-process principles.
His latest order will remain in effect for 14 days. During that period, CNN, MS NOW, Politico and the Trump administration are expected to present additional arguments and evidence to the court.
The ruling is not immediately subject to appeal, according to Kelly, and the judge is expected to consider the broader issues in the case after reviewing further submissions from both sides.
Responding to the ruling, Boutrous said the decision supported the principles of press freedom, due process and the rule of law.
The White House and the US Justice Department were contacted for comments on the ruling.
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