A US federal judge ordered President Donald Trump's administration to restore White House access for reporters from CNN, MS NOW, and Politico, ruling that revoking press passes without proper notice and opportunity to appeal violates constitutional due process.
Judge Timothy Kelly of the US District Court in Washington, D.C., ordered President Donald Trump's administration to reinstate White House access for CNN, MS NOW, and Politico reporters, who had been banned after Trump announced the media blackout last week.
Kelly stated in his ruling that the revocation of press passes occurred without "constitutionally adequate legal process." Generally, the government must notify individuals and provide an opportunity to respond or appeal before taking any action that affects constitutionally protected rights.
This case arose after Trump announced via social media on Friday that CNN, MS NOW, and Politico would be banned from the White House, accusing these outlets of consistently spreading "fake news" and suggesting other media organizations might be banned as well.
Following the ban, the three news organizations filed lawsuits seeking to suspend or overturn the order, arguing that revoking White House access without allowing an appeal violated prior court rulings and due process principles.
The US Department of Justice argued that Trump's decision included an appeal process, although details were sent to the news outlets several days after the ban was announced.
During Wednesday's hearing, Michael Welsh, a Justice Department attorney, claimed that reporting by CNN, MS NOW, and Politico posed a national security risk and that the president has the authority to decide who may access the White House.
Ted Boutrous, attorney for the three news organizations, countered that national security was never raised until days after the ban and after the lawsuit was filed, suggesting the government might be retroactively using this rationale to justify the ban.
Boutrous also noted that the White House letter explaining the reasons for the ban was sent to the news outlets several days after the ban announcement and after the lawsuit had begun.
One CNN report cited by the government as a national security concern involved construction of a bunker under the White House's east wing. However, Judge Kelly noted this report was published months before reporter Betsy Klein's White House press pass was renewed last summer.
Kelly stated in his ruling that the government's arguments failed to convince the court that the three news organizations lacked sufficient grounds regarding their claims of due process violations.
Judge Kelly referenced a 2018 case involving CNN reporter Jim Acosta, who was removed from the White House after a heated exchange with President Trump. Kelly said that case and its existing rulings serve as a precedent he must consider in the current case.
Earlier in Wednesday's hearing, Kelly said due process was the primary issue in deciding the news organizations' petition, noting that, according to US appeals court rulings, reporters must be notified before their White House passes are revoked and have the right to appeal such decisions.
Kelly's latest order allows CNN, MS NOW, and Politico reporters to regain White House access immediately while constitutional challenges to the ban continue in court.
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