Trump’s ban lifted. CNN, MSNBC and Politico readmitted to the White House

The White House must immediately reinstate the press passes of the 78 journalists from CNN, MSNBC and Politico who were barred following a decision by Donald Trump. Federal Judge Timothy J. Kelly, appointed by the President himself in 2017, has suspended the ban for 14 days, granting the request made by the three media organisations whilst the legal proceedings against the administration continue.

The order focuses on the procedures for revocation. According to Kelly, the journalists had their press passes withdrawn without prior notice and without the opportunity to challenge the decision. The publications therefore have a good chance of proving a violation of the rights protected by the Fifth Amendment. The judge has yet to rule on the claims relating to the First Amendment, which protects freedom of the press.

“It is a strong decision in defence of press freedom, procedural safeguards and the rule of law,” said Theodore Boutrous, the lawyer representing CNN, Ms Now and Politico, thanking the court for its swift action. The White House had not yet responded to requests for comment reported by the publications.

Kelly also challenged the national security grounds invoked by the administration to justify the ban. “Nothing in the record prior to this case suggests that the revocation of press credentials was motivated by national security concerns,” he wrote. In announcing the ban, the judge noted, Trump focused on the alleged falsity of the news reports and on criticism directed at the White House.

During Wednesday’s hearing, Michael Velchik, a lawyer for the Department of Justice, argued that the three publications had endangered national security and that it was up to the President to decide on access to the White House. The administration’s lawyers also referred to the letters sent to the editorial offices on Tuesday, suggesting that the opportunity to respond to the allegations constituted a sufficient safeguard. Those communications, however, arrived after the press passes had already been withdrawn.

The ban was announced on Friday 18 September on Truth, and on Saturday the journalists were turned away at the entrance to the White House. On Monday, CNN, MSNBC and Politico lodged an appeal.

Trump had already indicated that, in the event of defeat, he would lodge an appeal. Kelly, however, pointed out that temporary measures of this kind are generally not subject to appeal and refused to suspend the order’s effect. Press passes must be reinstated immediately, whilst the court considers whether to grant journalists access to the White House beyond the 14-day period. 

The same judge had, in 2018, ordered that the press pass be returned to CNN journalist Jim Acosta, again on the grounds of a failure to uphold procedural safeguards.