
A federal judge has ordered the White House to continue allowing journalists from CNN, MS Now and Politico access to the White House complex while a legal challenge over revoked press credentials moves through the courts.
The decision, issued Tuesday by US District Judge Timothy Kelly, grants a preliminary injunction preventing the administration from enforcing its September decision to revoke the news organisations' White House hard passes. The ruling preserves access for the journalists while the lawsuit proceeds, a process that could take several months.
The three media organisations filed suit on September 21 after being barred from White House grounds days earlier. The ban followed statements from President Donald Trump accusing the outlets of producing what he described as "fake news."
Kelly had previously issued a temporary restraining order on September 24, restoring access for 14 days. With that order set to expire, the media companies returned to court seeking longer-term protection during the litigation.
In his ruling, Kelly stated that White House officials, excluding the president, could not implement or enforce the decision withdrawing the journalists' credentials. The order effectively maintains the arrangement established under the earlier temporary ruling.
The lawsuit argues that the revocations violated constitutional protections, including due process rights and First Amendment safeguards. The media organisations contend that access to the White House is essential for carrying out their reporting responsibilities and covering the administration effectively.
A central issue in the case involves the procedure used to revoke the press credentials. During court proceedings, the judge expressed concern that the affected news organisations received no advance notice that their access was at risk.
According to arguments presented in court, the White House informed the outlets of the decision only after access had already been revoked. The media companies argued that this sequence conflicted with established legal precedent governing press access decisions.
Kelly's written opinion suggested that the plaintiffs were likely to succeed not only on their due process claims but also on two First Amendment arguments. While journalists are not automatically guaranteed White House access, existing court precedent holds that access cannot be withdrawn because of editorial positions or the substance of news coverage once it has been granted.
The judge also pointed to remarks made by Trump that appeared relevant to the dispute. During earlier court arguments, attorney Theodore J. Boutrous, representing the news organisations, argued that the president had publicly acknowledged dissatisfaction with the outlets' reporting and that those comments strengthened the plaintiffs' case.
Kelly's ruling noted that Trump's own statements suggested an intention to influence or alter reporting by the affected organisations. The judge wrote that such actions could discourage journalists from continuing to report in the same manner as before.
Although access was restored under the previous court order, disputes persisted over its scope. Journalists from CNN and Politico reported occasions where they were prevented from participating in pool coverage assignments because the administration interpreted the temporary ruling as applying only to the White House complex and not locations such as the Oval Office or Air Force One.
Following Tuesday's ruling, the injunction remains in effect while the broader constitutional challenge continues through the legal system.
Boutrous welcomed the decision, arguing that the court had correctly blocked enforcement of what he described as an unconstitutional restriction on press access. He maintained that the administration's actions were intended to penalise reporting it opposed and influence future coverage.