Federal judge Timothy J Kelly, who was appointed by Donald Trump during his first term, has ordered the White House to immediately restore access for CNN, MS NOW and Politico, dealing a legal setback to the President after he barred the three news organizations from the premises. In a ruling issued early Thursday, Kelly granted a 14-day temporary restraining order, allowing their journalists to regain access while the outlets’ lawsuit against the Trump administration moves forward. Kelly found that the organizations were likely to succeed on at least some of their claims, particularly their argument that their press credentials were revoked without 'constitutionally adequate due process'.
The judge noted that the administration did not dispute that the outlets 'did not receive notice and an opportunity to be heard before their hard passes were revoked'. Kelly also questioned the administration’s justification for the ban, saying its arguments offer little to back up their asserted national security interest. The ruling came shortly after the media firms sued Trump, arguing that he violated their First Amendment right to freedom of speech when he revoked their press credentials for entry into the White House.
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WHO IS JUDGE TIMOTHY J KELLY?
Kelly, currently serving as a District Judge since September 2017, has been nominated by Trump in June 2017. This appointment was later confirmed by the Senate in the same year with a 94 to 2 vote margin. Kelly attended Duke University in 1991, after which he received his law degree from Georgetown University Law Center in 1997. Kelly began his career working in private firms and later on as Assistant US attorney, in addition to Chief Counsel for National Security and Senior Crime Counsel to Senate Judiciary Committee.
KELLY PREVIOUSLY RESTORED JIM ACOSTA’S ACCESS
This isn’t Kelly’s first high-profile case involving Trump and White House press access. In 2018, he temporarily restored then-CNN correspondent Jim Acosta’s press pass after the first Trump administration revoked it. Kelly found CNN was likely to prevail on its claim that Acosta had not received adequate due process. That history drew criticism from Trump after Kelly was assigned the latest case. Trump wrote on TruthSocial: "They have drawn a great judge for them, a man who ruled in favor of Jim Acosta. The judge’s name is Tim Kelly, and he was sadly appointed by Trump."
