US judge blocks Trump’s White House media ban, orders access restored

Washington: A federal judge on Thursday ordered US President Donald Trump’s administration to restore White House access for journalists from CNN, MS NOW and Politico, ruling that the ban on the three media outlets was likely unconstitutional.

US District Judge Tim Kelly ordered the administration to immediately return the outlets’ press passes and barred officials from enforcing the ban for 14 days. He rejected the government’s argument that the restrictions were justified by national security concerns.

In a major development in Trump’s dispute with the media, Kelly issued the order in a lawsuit filed by the three news organisations challenging the ban, which the Republican president announced on September 18.

“The record lacks factual support for defendants’ contention that the revocation of plaintiffs’ hard passes will in fact protect national security or that national security will be endangered if the court orders their passes reinstated while this litigation proceeds,” Kelly said.

He noted that Trump himself had said the ban was prompted by what he described as the outlets’ “alleged lack of truthfulness and negativity” in their reporting.

The White House and representatives of the three outlets did not immediately respond to requests for comment.

Trump had said on social media that the three outlets “shouldn’t be able to constantly write or report FICTION and LIES” while covering the President. Justice Department lawyers subsequently sought to justify the restrictions on national security grounds.

CNN, MS NOW and Politico sued Trump and members of his administration in federal court in Washington on Monday, arguing that the ban violated the US Constitution’s First Amendment protections for free speech and a free press, as well as their due process rights. They sought a temporary restraining order to restore their White House access while the legal challenge proceeds.

The legal dispute comes weeks before the November 3 midterm elections, in which Trump’s fellow Republicans are seeking to retain control of Congress. Trump’s job approval ratings have been at record lows in recent opinion polls, amid concerns over issues including the Iran war and inflation.

At a Wednesday hearing, Kelly said two precedents from the US Court of Appeals for the District of Columbia Circuit made clear that journalists are entitled to due process before their White House press passes can be revoked.

He also said it did not appear that the White House had given the targeted outlets a meaningful opportunity to challenge the revocation of their access.

A lawyer representing the news organisations told Kelly that the outlets were banned without the legally required advance notice or an opportunity to contest the decisions, which he described as unprecedented, unreasonable and severe punishments.

A Justice Department lawyer argued that the administration had provided a sufficient explanation for revoking the press passes in letters sent to the outlets on Tuesday. Kelly appeared sceptical of that argument, noting that the letters were issued only after the revocations had taken place and the lawsuit had been filed.

In a legal filing on Tuesday, the Justice Department argued that access to the White House is a privilege rather than an entitlement and that the President has authority to suspend access by news organisations.

A coalition of press freedom groups and dozens of news organisations filed a legal brief on Wednesday supporting CNN, MS NOW and Politico. They argued that stripping journalists and news outlets of their rights because of their perceived editorial viewpoint violates longstanding US Supreme Court precedent.

Hours after Kelly’s ruling, however, journalists from the three outlets were still denied access to the White House. The organisations sought an emergency hearing, saying their reporters had been turned away despite the judge’s order.