WASHINGTON — A federal judge early Thursday temporarily blocked President Trump’s move to ban three news outlets from the White House grounds and said CNN, MS NOW and Politico must have their access restored.
It’s the latest development in an escalating showdown between Trump and media outlets whose coverage he dislikes. The president announced he was banning the outlets Sept. 18, assailing what he called “fake news.” More recently, Trump has said negative coverage is dangerous for the country.
The outlets argued that they were singled out because of the content of their coverage — in other words, viewpoint discrimination — and called the ban a “blatant violation” of the 1st Amendment.
In an order posted shortly after midnight Eastern time, U.S. District Judge Timothy Kelly said the media outlets had met the legal thresholds needed to obtain a temporary restraining order, which include the likelihood of succeeding on the merits of the case and of suffering irreparable harm without an order.
“This is a high bar, but Plaintiffs have met it,” he wrote.
Kelly — whom Trump nominated in 2017 and who ordered a CNN journalist’s access restored in a similar case in 2018 — heard arguments Wednesday and ended the hearing without ruling.
On Thursday, he issued the temporary restraining order, which will be in effect for 14 days. Such orders are typically designed to preserve the status quo pending a closer review of the case by the court.
During the hearing, Kelly questioned whether the administration had met its legal responsibilities and provided CNN, MS NOW and Politico with adequate due process before banning them.
The rulings in two prior cases over press access, including one that went to the U.S. Supreme Court, made it clear that journalists are entitled to an opportunity to be heard before they have their press passes revoked.
Justice Department attorney Michael Velchik argued that the rulings in the earlier cases were wrong.
The judge noted that his decision would be guided by prior rulings in comparable 1st Amendment cases, even if the government disagrees with them.
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