The Trump administration formally appealed a federal judge’s ruling Wednesday that blocked President Donald Trump from banning CNN, MS NOW and Politico reporters from the White House.
Justice Department attorneys filed a notice of appeal seeking to overturn U.S. District Judge Timothy Kelly’s preliminary injunction issued Tuesday. The administration is asking the U.S. Court of Appeals for the D.C. Circuit to reverse an order protecting the three outlets’ White House press credentials while their lawsuit proceeds.
Kelly found that the news organizations were likely to succeed on their First Amendment and due process claims, concluding that Trump’s dissatisfaction with their coverage, rather than national security concerns, was the likely motivation behind the ban. The appeal does not automatically suspend the injunction, allowing the outlets to retain their White House credentials for now.
The White House previously said it would challenge the decision, calling it “misguided.”
Trump announced the ban in a Sept. 18 social media post, accusing the outlets of spreading false information. CNN, MS NOW and Politico sued three days later, arguing that the administration had retaliated against them for their reporting. Kelly initially restored their access through a temporary restraining order on Sept. 24 before issuing Tuesday’s preliminary injunction.
The ban affected 78 journalists across the three news organizations. Kelly, a Trump appointee, also found that the administration had revoked their credentials without providing advance notice or an opportunity to challenge the decision, a central issue in the outlets’ due process claims.
The ruling, however, does not guarantee the outlets access to presidential press pools. CNN has faced restrictions on participating in White House television pool assignments, while Politico was barred from an Air Force One trip even after the court initially restored its credentials. Those restrictions are separate from the hard-pass access protected by Kelly’s injunction.
