The White House has restored access for CNN, Politico, and MS NOW, hours after a federal judge ruled that President Donald Trump's ban on the three news organizations was likely unconstitutional and mandated their immediate re-entry. The outlets had reported being denied entry on Thursday morning, prompting a request for an emergency court hearing, which was subsequently called off once access was granted.
In his overnight ruling, Judge Timothy Kelly ordered the temporary lifting of the ban, stating it "likely violated their constitutional due process rights." He also cast significant doubt on the administration's claim of national security concerns underpinning the exclusion. Judge Kelly noted that the president's initial announcement of the ban made no mention of national security, and he found that "The record lacks factual support for defendants' contention that the revocation of plaintiffs' hard passes will in fact protect national security." The judge's order included the immediate return of the outlets' press passes and a halt to the ban's enforcement for 14 days.
Following the judge's decision, CNN White House reporter Betsy Klein was reportedly denied access on Thursday. All three outlets—CNN, Politico, and MS NOW—confirmed they were turned away from the White House earlier in the day, leading them to accuse the White House in a court filing of having "repeatedly violated" the judge's ruling. By 09:45, the Director of White House Operations confirmed in a court filing that the press passes and confiscated badges had been restored, and shortly thereafter, the outlets announced they were allowed back in.
The ban had created a chaotic standoff that limited some television coverage, notably as President Trump welcomed Chinese President Xi Jinping to the White House ahead of a state dinner. Networks including Fox News, NBC, CBS, and ABC, which had pulled out of White House pool coverage in solidarity with the banned outlets, have yet to confirm if they will resume broadcast coverage.
President Trump first announced the ban last Friday, accusing CNN, MS NOW, and Politico of "writing fiction or lies" about his administration. By Saturday morning, each outlet reported being denied entry to the White House grounds and having their press badges confiscated. The US Department of Justice later cited national security as the reason for the ban in a court filing on Tuesday, pointing to stories about missile stockpiles, the construction of the White House ballroom, and the recent Republican midterm convention.
All three outlets had accused the Trump administration of violating their constitutional rights. In a joint statement released on Monday, they declared their intent to pursue legal action to "defend the principle that the government does not decide what the press reports." More than 50 media organizations, spanning the ideological spectrum, including Fox News, the New York Times, the Washington Post, and the Wall Street Journal, filed an amicus brief in support of the lawsuit.
Historically, there have been other instances of administrations attempting to limit media access. In 2009, the Obama administration sought to exclude Fox News from a specific press pool interview with an official, but Fox News was ultimately allowed in after objections from the other four networks in the pool.
