A federal judge issued a temporary restraining order Thursday that removes President Trump’s ban on three news outlets from White House grounds, a rebuke of the administraton’s most severe attack yet on the Washington press corps.
U.S. District Judge Timothy Kelly said in his ruling that the administration’s ban is likely unconstitutional and that the outlets affected — CNN, MS NOW and Politico — were not given due process before the action was taken. Kelly also rejected the White House’s court argument that the ban was motivated by national security concerns. The restraining order will be in effect for 14-days as the litigation proceeds.
Kelly, appointed by Trump during his first term, made a similar ruling in 2018 after the White House tried to ban journalist Jim Acosta, then working for CNN. Acosta’s credentials were restored.
The three outlets jointly filed a lawsuit Monday alleging that the ban violates the 1st Amendment by retaliating against protected newsgathering as punishment for unfavorable coverage, amounting to viewpoint discrimination.
Trump announced the ban Friday in a Truth Social post, describing CNN, MS NOW and Politico as “fake news.” He claimed the outlets have long been unfair to him and that their negative coverage was a danger to the country.
Journalists from the three organizations were barred from White House grounds on Saturday, the day after Trump announced the ban in a Truth Social post.
CNN, MS NOW and Politico all reported Thursday that their access has not been restored despite the judge’s ruling. Politico reported that one of its journalists had a credential confiscated by Secret Service.
Whether the confiscation was a security snafu or a defiance of the court order remains to be seen.
In a emergency court hearing Wednesday, the White House shifted away from Trump’s initial stated reasons for the ban and argued that the three outlets engaged in reporting that threatened national security.
The administration went on to detail letters sent to each outlet that provided examples of such reporting. One was a background briefing set up by the White House, where an official briefed reporters on condition of anonymity under ground rules set by the White House itself.
In response to the ban, ABC, CBS, NBC and Fox News, suspended pool coverage of President Trump this week as he traveled to New York for the General Assembly at the United Nations.
The four networks along with CNN rotate the coverage which is shared with other news organizations. While the networks that aren’t banned have sent reporters to cover President Trump’s activities, they are not shooting video.
Some right wing outlets sympathetic to Trump such as One America News have been providing video coverage, but they lacked the technical capabilities of the larger networks. Another outlet, Real America’s Voice, posted video that showed President Trump’s detail traveling through New York City.
Keven Tripp, the Los Angeles correspondent for NBC News Radio posted on X that the “Press is NEVER supposed to reveal operational aspects of security detail,” calling the move by Real America’s Voice “stupid and unprofessional.”
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