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International Business Times UK
International Business Times UK
Welbert Bauyaban

Judge Overturns Donald Trump's Press Ban in a Humiliating 1 AM Ruling He Calls 'Totally Disloyal'

The court ordered CNN, MS NOW and Politico passes restored, but reporters said White House access remained blocked (Credit: Gage Skidmore / Flickr)

A federal judge in Washington ordered White House officials on Thursday, 24 September, to restore press passes held by CNN, MS NOW and Politico journalists after President Donald Trump barred the outlets from the grounds.

The 14-day temporary restraining order interrupts the Trump press ban while the organisations' lawsuit continues.

Reporters from all three outlets said they were still denied entry hours after the ruling, according to The Associated Press.

Trump announced on 18 September that he was banning the outlets, accusing them of publishing 'fake news' and saying others could follow.

The following day, journalists from CNN, MS NOW and Politico reported being turned away from the White House; some said their credentials were confiscated. The organisations and three reporters filed a lawsuit on Monday challenging the restrictions.

US District Judge Timothy J. Kelly issued the order early Thursday after hearing arguments the previous day. He directed the defendants, other than Trump, and those acting on their behalf to reinstate the affected hard passes immediately.

The order remains in effect for 14 days unless the court directs otherwise. It does not resolve the lawsuit or decide whether the outlets will ultimately prevail on all their constitutional claims.

Trump Press Ban Faces Due Process Challenge

The outlets argued that the restrictions violated both their First Amendment press freedoms and their Fifth Amendment right to due process.

Kelly found that they had shown a likelihood of success, at least on the due process claim, because officials revoked their White House hard passes without adequate notice or an opportunity to respond.

The judge cited earlier federal appeals court decisions holding that reporters with White House passes have due process protections. He said officials had not shown that relevant, clearly stated standards were in place before the reported conduct cited to justify the revocations.

In his assessment, letters sent to the outlets on 22 September, after the ban was announced and the lawsuit filed, did not cure that problem.

The administration argued that the outlets' reports raised national security concerns and that immediate action was justified.

Kelly said the record lacked factual support for the claim that removing their passes would protect national security. He noted that Trump's initial announcement focused on what the president considered false and negative coverage, rather than a security threat.

Those were findings made for temporary relief on the record then before the court, not a final determination of the administration's motives.

Kelly said the court would set an expedited schedule to consider a request for a preliminary injunction on a fuller record.

Before the ruling, Trump criticised Kelly, whom he nominated to the federal bench in 2017, as 'totally disloyal.' The president had also said he would seek an appeal if he lost.

Trump Press Ban Leaves Access and Pool Coverage Unsettled

The order required officials to reinstate the hard passes, but it did not itself establish that journalists could enter the White House.

AP reported that journalists from each of the three organisations said they remained blocked later Thursday morning. Reuters separately reported that Politico and MS NOW journalists were denied entry after the ruling, citing the outlets. The White House did not respond to AP's request for comment on the order.

The ban also disrupted shared television coverage of presidential events. CNN is part of a five-network rotation that provides pooled video.

After CNN was excluded from its assignment, the other networks suspended participation in coverage of presidential pool events. Kelly's order concerns press credentials and does not address that separate pool arrangement.

On Wednesday, when Trump welcomed Chinese President Xi Jinping at Joint Base Andrews, journalists from Fox News, CBS and NBC were present but did not shoot video for the five-network pool, AP reported. Other television crews were on site. The network pool's absence did not mean the arrival went unrecorded.

Theodore Boutrous Jr., a lawyer for the outlets, welcomed the court's decision as a ruling in favour of press freedom and due process. Whether officials restore the credentials and whether the network pool resumes its usual coverage remain separate questions as the case proceeds.

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