A US federal judge on Thursday mandated the Trump administration to reinstate White House press credentials for journalists from CNN, MSNBC, and Politico, ruling that the ban on these outlets was likely unconstitutional.
US District Judge Tim Kelly issued the directive after the three media organizations challenged the administration’s decision to revoke their White House press passes on September 18. He ordered immediate restoration of their access and barred officials from enforcing the ban for 14 days as the legal proceedings continue.
In his decision, Judge Kelly dismissed the administration’s justification based on national security concerns. He noted the government failed to present adequate factual evidence proving that revoking the hard passes would safeguard national security or that reinstating access during litigation would pose any risk.
Kelly also highlighted President Trump’s own explanation, which cited the outlets’ alleged lack of truthfulness and negative coverage, concluding that this rationale was insufficient to justify the immediate removal of their press access.
The Justice Department had argued that White House access is a presidential privilege rather than a constitutional right, maintaining the president holds the authority to suspend journalists’ credentials. However, this ruling represents a temporary judicial setback for the administration in its dispute with the three media organizations.
Neither the White House nor representatives of CNN, MSNBC, and Politico responded immediately to requests for comment.
President Trump had stated on social media that the three outlets “shouldn’t be able to constantly write or report FICTION and LIES,” while Justice Department lawyers attempted to justify the ban on national security grounds.
The three organizations filed suit against Trump and his administration in federal court in Washington on Monday, arguing the ban violated the First Amendment’s protections of free speech and press, as well as their due process rights. They sought a temporary restraining order to promptly restore their White House access while the case progresses.
This legal confrontation emerges weeks before the November 3 midterm elections, in which Republicans aligned with Trump are striving to maintain control of Congress. Trump’s approval ratings remain near historic lows amid public concerns over issues such as the Iran conflict and inflation.
At a hearing on Wednesday, Judge Kelly referenced two precedents from the US Court of Appeals for the District of Columbia Circuit, which affirm that journalists must receive due process before their White House press credentials can be revoked. He observed that the affected news outlets appeared not to have been given a meaningful chance to challenge the revocations.
A lawyer representing the media organizations argued that the bans were imposed without the legally required advance notice or opportunity to contest the decisions, describing them as unprecedented, unreasonable, and severe.
The Justice Department contended that the administration had provided adequate explanations in letters sent to the outlets on Tuesday. Yet the judge expressed doubt, noting these letters were dispatched after the revocations and the lawsuit had been filed.
In court filings, the Justice Department maintained that White House access is a privilege, not a right, and that the president holds authority to suspend news organizations’ access.
Meanwhile, a coalition of press freedom groups and numerous news organizations submitted a legal brief supporting CNN, MSNBC, and Politico. They argued that “stripping journalists and news outlets of their rights due to perceived editorial viewpoints violates decades of Supreme Court jurisprudence.” The brief was endorsed by entities including the Reporters Committee for Freedom of the Press, , the Washington Post, and Fox News.
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