Trump-Appointed Judge Orders White House to Restore Access for CNN, MS NOW and Politico
A federal judge appointed by President Donald Trump ordered the White House early Thursday to restore press credentials for journalists from CNN, MS NOW and Politico, temporarily blocking a ban Trump announced last week.
U.S. District Judge Timothy Kelly granted a 14-day temporary restraining order in the three outlets’ lawsuit. He directed White House officials to “immediately return, reinstate, and restore” the hard passes revoked after Trump’s Sept. 18 announcement. The order is temporary; the lawsuit remains pending.
Kelly found the outlets were likely to succeed on their claim that the administration revoked their passes without constitutionally adequate due process. Under the federal appeals court precedents he cited, reporters with White House hard passes must receive fair notice of conduct that could lead to revocation and an opportunity to respond.
The administration did not dispute that the journalists received neither notice nor an opportunity to be heard before their passes were revoked, Kelly wrote. Letters sent to the outlets on Sept. 22 cited standards of “professionalism and decorum,” but the judge said the language was too vague to establish what conduct could cost a reporter a pass.
Judge Questions National Security Explanation
Trump initially announced the ban by accusing the outlets of publishing false and negative coverage. In court, administration lawyers argued that some of their reporting threatened national security and that the White House could address the issue after revoking the passes.
Kelly acknowledged the government’s substantial interest in protecting national security but said the evidence before him did not support keeping the journalists out while the case proceeds.
“Nothing in the record that predates this suit suggests that the revocation of Plaintiffs’ hard passes was motivated by national security concerns,” he wrote. The administration, he added, had offered no declaration explaining how the reporting identified in its letters had damaged national security. He also noted that most reporters who wrote the cited stories did not hold the hard passes at issue.
The three outlets sued Monday, arguing that the ban violated their constitutional rights. At Wednesday’s emergency hearing, their attorney, Theodore Boutrous, argued that Trump had retaliated against the organizations for their coverage. Justice Department attorney Michael Velchik countered that White House access was a privilege and raised the administration’s security concerns, according to NPR’s account of the hearing.
Kelly’s order rests on the outlets’ due process claim. Their broader First Amendment arguments remain before the court. The judge said he would set an expedited schedule to consider a preliminary injunction before the 14-day order expires.
Access Still Disputed Thursday Morning
The ruling did not immediately settle access at the gate. CNN reported that a reporter and photojournalist were denied entry Thursday morning, though a producer entered with a pass. Mediaite reported that a Politico reporter’s pass was confiscated and an MS NOW reporter was also turned away. Those accounts describe events in the hours after the order, not a subsequent court finding about compliance.
Kelly, whom Trump nominated to the federal bench in 2017, also ordered the restoration of CNN reporter Jim Acosta’s White House pass during a separate dispute in 2018.









