District of Columbia Federal Judge Timothy Kelly blocked the decision with a ban US President Donald Trump's administration has barred CNN, MS NOW and Politico journalists from the White House and ordered the immediate reinstatement of their press passes. The decision is valid for 14 days until the next hearing or other court order. The administration is also prohibited from taking retaliatory measures against journalists of these media outlets in connection with the lawsuit.
Recall that on September 18, Trump announced that he was banning three publications from the White House because of their “fake news” that “threatens national security.” Later, on September 21, CNN, MS NOW and Politico filed a joint federal lawsuit alleging violations of the First Amendment to the US Constitution, which protects freedom of speech and the press, as well as the due process guarantees of the Fifth Amendment. At the same time, the largest American television channels, as a sign of protest, refused to replace CNN in the television pool during Trump’s trip to the UN General Assembly.
The first hearing took place on September 23, and the very next day Kelly ruled in favor of the media companies. In the ruling, the court stated that the journalists were deprived of their passes without notice or the opportunity to challenge the decision. As the judge noted, the general rule is that individuals must receive notice and an opportunity to be heard before the government deprives them of a “constitutionally protected interest.”
“This is a strong decision that affirms freedom of the press, due process and the rule of law. We are very grateful to the court for its prompt action,” said the publications’ lawyer Ted Boutros
The judge also noted that the administration notified the media about the reasons for the termination of access after the confiscation of the passes, and called the reasons set out in the letters so vague that they could hardly be considered proper notification. The judge also questioned the administration's argument that the ban was related to national security threats.
“Nothing in the record prior to this lawsuit suggests that the revocation of plaintiffs' passes was motivated by national security concerns. “Certainly, this is not what President Trump was talking about when he announced that he was ‘banning’ the plaintiffs from the White House—instead, he focused on the alleged lack of truthfulness and the negative nature of their reporting,” Kelly said.
The judge ruled that CNN, Politico and MS NOW are “likely to succeed” in proving that the White House failed to provide “due process” in enacting the ban. According to Kelly, the administration has not proven that restoring journalists' access would cause it any real material harm. Therefore, the judge set a symbolic bail of $1 for the plaintiffs. Such bonds are provided in the event that it is subsequently discovered that the temporary injunction was issued improperly and caused damage to the defendants.
The day before the hearing, the Reporters Committee to Protect Press Freedom, the White House Correspondents' Association (WHCA) and 49 media organizations, including Fox News, The New York Times, Associated Press, CBS News, Reuters and The Washington Post, filed a joint brief with the court in support of the lawsuit.
Trump himself previously said that his administration would file an appeal if necessary. As of this writing, Trump and the White House have not responded to Kelly's decision.
