WASHINGTON - A federal judge early Thursday ordered the Trump administration to immediately restore White House press access to CNN, MS NOW and Politico, temporarily blocking enforcement of President Donald Trump's ban on the three news organizations.
U.S. District Judge Timothy Kelly granted the outlets a temporary restraining order while their lawsuit challenging the administration's action moves forward.
The order requires administration officials and their agents to immediately return, reinstate and restore White House hard-pass credentials held by employees of the three organizations.
The temporary restraining order is scheduled to remain in effect for 14 days unless the court issues another order.
The ruling does not represent a final decision on the underlying lawsuit.
Judge says outlets are likely to succeed
Kelly concluded at this preliminary stage that the news organizations are likely to succeed on claims that the administration violated constitutional protections when their White House credentials were revoked.
Reuters reported that Kelly found the ban likely violated both First Amendment protections and constitutional due-process requirements.
The three outlets argue that the administration retaliated against them because of the content and viewpoint of their reporting.
They also argue they were denied required notice and an opportunity to challenge the decision before their credentials were revoked.
Kelly cited longstanding federal appeals court precedent establishing procedural protections for journalists whose White House press credentials are suspended or revoked.
During a hearing Wednesday, the judge questioned whether the administration had provided the affected organizations a meaningful opportunity to contest the decision before losing access.
Credentials revoked after Trump announcement
Trump announced Sept. 18 that CNN, MS NOW and Politico would be barred from the White House.
The president accused the organizations of publishing false information and criticized what he described as negative and inaccurate coverage.
Reporters from the three organizations subsequently had their White House credentials deactivated and were denied entry to the complex.
CNN, MS NOW and Politico filed suit in federal court in Washington on Monday seeking immediate restoration of their access.
The case is titled Cable News Network, Inc. v. Trump.
The outlets allege violations of the First Amendment's protections for speech and the press as well as Fifth Amendment due-process protections.
Administration raised national security argument
Justice Department attorneys defended the administration's authority to revoke the passes and argued that access to the White House is a privilege rather than an entitlement.
Government lawyers also cited national security concerns in defending the restrictions.
Kelly rejected that justification for purposes of the temporary order, saying the current record did not contain factual support showing that restoring the outlets' access would endanger national security.
The judge noted that Trump's public explanation when announcing the ban centered on his criticism of the organizations' reporting rather than national security.
Reuters reported that the administration also argued that letters sent to the outlets after their credentials were revoked provided a sufficient explanation for the decision.
Kelly questioned that argument because the letters came after the revocations and after the lawsuit had already been filed.
Press access restored for now
The order means journalists from CNN, MS NOW and Politico may again use their restored hard passes to access the White House under the same credentialing framework applicable to other approved journalists while the order remains in effect.
ABC News reported that the injunction applies to the administration defendants and their agents but excludes Trump personally from the portion of the order directing officials to restore the credentials.
The temporary order preserves the outlets' access while the court considers the broader constitutional questions raised by the case.
The administration could seek additional review of Kelly's ruling or continue defending the restrictions as the litigation proceeds.
Broader dispute over White House coverage
The dispute has affected more than the three organizations directly targeted by the ban.
Other news organizations filed a court brief supporting CNN, MS NOW and Politico, arguing that allowing the government to revoke access based on editorial viewpoint could affect White House reporting more broadly.
Reuters reported that the brief included the Reporters Committee for Freedom of the Press, Reuters, The Washington Post and Fox News, among other organizations.
The litigation follows previous federal court disputes over White House press credentials and the extent to which the government may restrict access after granting journalists recurring credentials.
What happens next
The immediate effect of Kelly's order is restoration of the three organizations' White House credentials for the duration of the temporary restraining order.
The underlying lawsuit will continue, and the court has not issued a final ruling on whether the administration's ban violated the Constitution.
Further proceedings could determine whether the temporary restrictions are extended, replaced by a longer injunction or allowed to resume.
For now, CNN, MS NOW and Politico are permitted to return to White House coverage while their legal challenge continues.