A federal judge has mandated that U.S. President Donald Trump must allow journalists from CNN, MS NOW, and Politico access to the White House, asserting that the ban imposed on these three media outlets is likely unconstitutional.
In a significant setback for Trump in his ongoing conflict with the press, Judge Tim Kelly issued the order during a lawsuit filed by the journalists, contesting the ban announced by the Republican president on September 18, according to reports.
Judge Kelly ordered the Trump administration to immediately restore the press credentials of these outlets and prohibited officials from enforcing the ban for a period of 14 days.
The judge dismissed the government’s claim that the ban was justified by national security concerns, stating, “The record does not contain concrete evidence supporting the defendants’ assertion that revoking the plaintiffs’ permanent credentials would actually protect national security or that national security would be jeopardized if the court orders their credentials restored during the litigation.” He added that Trump indicated the ban was due to the “alleged lack of truthfulness and negative attitude” of coverage by these media outlets.
Neither the White House nor representatives of the publications have commented on the ruling at this time.
Trump’s Allegations
Trump expressed on social media that the three media organizations “should not be able to constantly write or broadcast FICTION and LIES,” while Justice Department lawyers attempted to justify the ban on national security grounds.
The three media outlets filed a lawsuit against Trump and other members of his administration in a federal court in Washington on Monday, asserting that the ban violates the First Amendment of the U.S. Constitution regarding freedom of speech and press, as well as their right to a fair trial. They requested a temporary restraining order to immediately restore their access to the White House during the trial.
This legal battle unfolds just weeks before the midterm elections on November 3, during which Trump’s Republican colleagues are fighting to maintain control of Congress.
Recent opinion polls indicate that Trump is increasingly unpopular, amid concerns over issues such as the war with Iran and inflation.
Court’s Arguments
During a hearing on Wednesday, Kelly stated that two precedents from the U.S. Court of Appeals for the District of Columbia Circuit clarified that journalists have the right to a fair trial before their White House press credentials can be revoked.
The judge noted that the administration seemed not to have provided the affected media outlets an opportunity to contest the revocation of their access.
An attorney representing the journalists told Judge Kelly that the media outlets banned by Trump did not receive the legally required prior notification and were not able to contest the decisions, which he labeled as unprecedented, unreasonable, and severe penalties.
A Justice Department lawyer told the judge that the Trump administration provided a sufficient explanation for the revocation of press credentials in letters sent on Tuesday to the media outlets. However, the judge expressed skepticism regarding this argument, emphasizing that the letters were sent after the revocation occurred and after the lawsuit was filed.
Support from Other Media Outlets
In a memorandum filed on Tuesday, the Justice Department argued that access to the White House is a privilege, not a right, and that the president has the authority to suspend access for media organizations.
A coalition of press freedom groups and dozens of media organizations submitted a legal memorandum on Wednesday in support of CNN, MS NOW, and Politico. They asserted that “depriving journalists and news organizations of their rights based on an alleged editorial viewpoint violates decades of Supreme Court jurisprudence.”
The memorandum was signed by, among others, the Reporters Committee for Freedom of the Press, Reuters, Washington Post, and Fox News.
