US judge blocks White House ban on CNN, MS NOW and Politico

A US federal judge ordered the Trump administration on Thursday to restore White House access for CNN, MS NOW and Politico, ruling that the ban on their reporters likely violated constitutional due process rights.

Judge Timothy Kelly issued a temporary restraining order after Trump barred the outlets on Friday, accusing them of spreading "fake news" and "fiction and lies."

Why did the judge block the White House ban on CNN, MS NOW and Politico?

Judge Timothy Kelly said the revocation of press passes likely violated the outlets' constitutional due process rights, citing the general rule that people must receive notice and a chance to be heard before the government deprives them of a protected interest. He also questioned whether national security was the real motive.

"The 'general rule' is that 'individuals must receive notice and an opportunity to be heard before the Government deprives them' of a constitutionally protected interest," Kelly wrote in the eight-page ruling issued Thursday. The judge said press credentials held by employees of the three outlets will be reinstated "until further Order of the Court or the expiration of this Temporary Restraining Order", which is to remain in effect for 14 days. Kelly added that the order cannot be immediately appealed.

CNN, MS NOW and Politico filed a joint lawsuit asking for a temporary restraining order against the ban. They argued that it violates the First Amendment of the US Constitution, which upholds the right to a free press.

Why did Trump ban the three outlets from the White House?

Trump, a billionaire former reality TV star, barred the three outlets on Friday as punishment for distributing what he branded "fake news" and "fiction and lies." Journalists for the three news organisations were denied access to the White House grounds on Saturday and had their passes confiscated, in the latest flare-up of the 80-year-old Republican president's assault on mainstream US media.

The White House Press Office accused CNN in a letter of "trafficking in verifiable falsehoods about national security and other issues, and publishing sensitive or classified information," with similar accusations levelled against MS NOW and Politico. The letter cited several stories about the US-Iran war and a story on Trump's plans to build a military bunker below the planned East Wing ballroom, which allegedly "disclosed 'top-secret' construction details."

Ahead of the ruling, the Department of Justice had argued Trump can "control reporters' access to restricted presidential areas, such as the Oval Office." "Access to the White House is a privilege -- not a right," it said.

What did the judge say about the national security claim?

Theodore Boutrous, representing the media outlets in court on Wednesday, told the judge that Trump's Truth Social post announcing the bans "didn't say anything about national security." Boutrous argued that being punished for reporting on national security issues "that the government would rather have not be reported on is just contrary to First Amendment principles."

Kelly said the stories identified in the letters to the outlets were "routine". "The Court is skeptical -- at least on this record -- that Defendants' interest in safeguarding national security is the actual motivation for, or is even advanced by, the revocation of Plaintiffs' hard passes," Kelly said, referring to the White House press credentials.

In a previous case involving CNN during Trump's first term, Kelly, a Trump appointee, ordered the White House to temporarily restore access for a CNN reporter whose pass had been revoked.

How have other news organizations and Trump responded?

In a rare move, the top five US broadcasters said Monday that they were halting pool coverage of the White House in solidarity with CNN. A broadcaster films on behalf of all television outlets for the day under the pool system. "The public has a vital interest in receiving accurate, independent information about its government. No administration should restrict a news organization because it objects to its reporting," ABC, CBS, CNN, Fox and NBC said.

The White House Correspondents' Association and nearly 50 news organizations also filed a brief with the court calling for the bans to be reversed. Trump appeared to suggest on Tuesday that CNN should not be covering him outside of the White House either. "I'm surprised that CNN is here covering me. You shouldn't be here," he told a reporter at the UN General Assembly in New York.

Trump has long attacked media outlets that have aired critical coverage of his campaigns and administrations, repeatedly blasting the press as the "enemy of the people." The White House launched a streaming channel, Trump TV, on Monday, which it said would show "top videos, major remarks, and must-see highlights streaming 24/7 and updated in real time."

The ban came at a time when Trump's approval ratings are at record lows, his Republican Party risks losing control of Congress in November's midterm elections, and the Middle East conflict drags on with no end in sight.