Federal Judge Timothy Kelly barred the Trump administration from reinstating its ban on CNN, MS NOW and Politico reporters accessing the White House grounds.
In a new ruling, which granted the outlets’ motion for a preliminary injunction, the U.S. District judge declared that CNN, MS NOW and Politico “are likely to succeed not only on their due process claim, but also on their two First Amendment claims,” extending their journalists’ access to the White House.
However, as Judge Kelly went on, he noted that “no one should interpret the Court’s decision to suggest that President Trump’s concerns about accuracy and fairness in the media’s reporting are unfounded, or that the government is powerless when its true aim is to protect national security when classified information is unlawfully disclosed.”
In response to the update, Theodore J. Boutrous, Jr., an attorney for CNN, MS NOW, and Politico, told TheWrap Tuesday evening, “We are grateful that the Court ruled in favor of our clients CNN, MS NOW and Politico and secured access to the White House for these news media organizations and their journalists.”
“When the President issued his ‘ban on the free press,’ he blatantly and explicitly violated due process and the First Amendment,” he continued. “Since then, the President has repeatedly, candidly, and consistently admitted in public that he banned our clients from the White House to punish reporting he doesn’t like and to try to force journalists to cover him in ways he prefers. The harm this ban did to our clients, the First Amendment, and the public as a whole is profound. The Court was right to enjoin the White House from enforcing this ‘unconstitutional ban on the free press’ for the foreseeable future.”
A representative for the White House did not immediately respond to TheWrap’s request for comment.
The drama all started on Sept. 18, when Trump took to Truth Social and shared that he was banning the three outlets from the White House for “constantly” writing negatively about his administration.
“Media Outlets shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President of the United States, the Trump Administration, or the United States of America,” Trump wrote at the time. “Other Fake News Media Outlets to follow.”
He doubled down on his sentiment while speaking to reporters that same day, noting, “I don’t think a court should allow fake news to be written day after day after day. I think that somebody has a right to keep them away if they’re going to write false stories all the time.”
Trump added: “There’s something wrong with a country that can allow people to purposely tell negative stories … if they want to write them, that’s fine, but I don’t have to let them into my, into the people’s house.”
Then, on Sept. 21, CNN, Politico and MS NOW sued Trump and his administration after their reporters were stripped of their White House access and credentials.
“This morning, we notified the government that we are filing a lawsuit today to protect our First Amendment rights and defend the principle that the government does not decide what the press reports or publishes,” the outlets shared in a joint statement. “Without notice or process, the White House revoked our journalists’ credentials because it objected to our reporting. Left unchallenged, this threatens press freedom and the public’s right to independent journalism free from government interference.”
Not only did the outlets file a complaint and a memorandum of law in D.C. District Court, they also filed a motion for a temporary restraining order.
However, the president stood firm in his decision in the wake of the suit, once again bemoaning in a follow-up Truth Social post that the outlets only write “negatively” about him.
“It is called the Oval Office, and it should be treated with Decorum, Respect, and Dignity, not defiled by Third Rate Clowns, who purposefully distort, twist, and degrade with everything they write or publish,” he wrote. “Virtually every story about me, or anything having to do with me, is negative, wrong and, in many cases, DANGEROUS for our Country! No matter how GREAT my Achievements, they trivialize and demean. The fact is, I won all seven Swing States, the Popular Vote, the Electoral College (312 to 226), and the Counties throughout America by 86%, and yet it is reported that I get 94% bad publicity. With such a Crooked and Corrupt Press, how did I win in such a LANDSLIDE? It is because the Media has NO credibility, and that is a very bad thing for our Nation! Why should I have to give ‘access’ to such people? Perhaps Judge Kelly could explain that! In any event, I have an obligation to fight for the Success and Safety of our Country. FAKE NEWS IS A THREAT TO DEMOCRACY, and I will do whatever is necessary to make sure that the U.S.A. thrives.”
Amid this drama, Judge Kelly ordered last month for the White House to reinstate credentials for reporters at CNN, MS NOW and Politico. The outlets sought to extend this protection at the end of September, warning that the president would “reinstitute a complete ban” without it. The Trump administration has barred CNN from executing its press pool duties on more than one occasion amid the legal battle.
However, the White House pushed back on this claim, telling TheWrap at the time: “President Trump is the most accessible President in history — holding open press events, regular gaggles and interviews, taking questions nearly every day, and speaking directly to the American people through social media. But if a reporter walks into an interview with their headline and narrative already decided, why do they need to be in the room? They can write their garbage from anywhere. Even after outlets were given access to the White House, they declined to cover various events proving this isn’t about access. It’s performative and dishonest.”
