A federal judge on Thursday ordered that CNN, MS NOW, and POLITICO immediately regain White House access for journalists for up to two weeks while further litigation plays out.
U.S. District Judge Timothy Kelly granted a temporary restraining order, ruling that the Trump administration must restore the media organizations’ access. The judge, a Trump appointee, issued the order in response to complaints from the outlets following President Trump’s announcement of a ban on September 18.
Ted Boutrous Jr., the lead lawyer for the three outlets, alerted Judge Kelly Thursday morning that reporters had been turned away and requested an immediate hearing regarding the administration’s non-compliance with the ruling. The judge ordered the administration to respond by 12:30 p.m. Eastern time.
A Secret Service agent told a POLITICO reporter who had his “hard pass” confiscated Thursday morning that he was not cleared to enter but might be able to use a temporary day pass. However, when the reporter explained the court order required immediate access, the agent stated there was nothing he could do.
CNN reported multiple denials of entry for staff on Thursday, including a photojournalist and another reporter whose credentials were taken away on Saturday. A CNN producer was able to enter White House grounds using their pass.
MS NOW White House correspondent Laura Barrón-López reported being denied entry and having her badge confiscated. A Secret Service agent told her it was “still being disabled.”
In his ruling, Kelly stated the three outlets should have immediate restoration of access from the ban announced by President Trump on September 18, rejecting a Justice Department request to delay the restoration for at least two days. The judge, nominated to the federal bench in 2017 by President Trump, noted that the record lacks factual support for the administration’s claim that revoking the outlets’ press passes would protect national security or endanger national security if the passes were reinstated during litigation.
President Trump had previously banned the outlets from White House access via a Truth Social post, warning that other “Fake News Media Outlets” could follow. He cited what he called “cumulative stories” by the three news organizations as justification for his action.
The temporary restraining order remains in effect for 14 days and is generally unappealable.