Judge Orders White House to Keep Access Open for CNN, MS NOW and Politico as Press Ban Lawsuit Proceeds

U.S. District Judge Timothy Kelly on Tuesday, October 13, ordered the Trump administration to keep journalists from CNN, MS NOW and Politico eligible to access the White House grounds while their lawsuit over revoked press credentials proceeds. The ruling replaces a temporary order that expired the same day. Major outlets published full details on Wednesday, October 14, including The Associated Press and The Guardian.

The White House revoked the outlets’ hard-pass credentials on September 18. President Trump cited what he called their “constant ‘reporting’ FAKE NEWS.” The organizations sued on September 21, and Kelly temporarily restored access on September 24. After arguments at the E. Barrett Prettyman Federal Courthouse on October 8, the outlets sought longer-term protection.

Kelly wrote that the plaintiffs were “likely to succeed not only on their due process claim, but also on their two First Amendment claims.” He said the White House gave no advance warning before cutting off access and sent letters only afterward. The judge also said the president’s comments suggested an intent to influence coverage. The plaintiffs must post a one-dollar bond.

Media lawyer Theodore J. Boutrous argued that Trump’s comments in a Time magazine interview strengthened the plaintiffs’ case. After the ruling, he said the president had “blatantly and explicitly violated due process and the First Amendment.” Administration officials, including Deputy Attorney General Todd Blanche, have defended White House access as “a privilege, not a right.”

For readers, the dispute concerns how much authority a president has to decide which news organizations can cover the administration. The order preserves access while the lawsuit continues, but it does not settle the case. Questions remain about access to controlled spaces such as the Oval Office and Air Force One, and the administration could appeal. The case is unfolding less than four weeks before the November 3 midterm elections.

The underlying lawsuit may take months to resolve. For more reporting, visit Brownstone Worldwide’s politics coverage.