A U.S. federal judge has ordered President Donald Trump’s administration to restore White House access for journalists from CNN, MS NOW and Politico, in a watershed decision in the ongoing fight between the Trump administration and a number of major news organizations. U.S. District Judge Timothy Kelly said the ban was probably unconstitutional and questioned whether the administration had gone through the legal process to revoke access to the journalists.
The decision comes just a week since Trump announced on September 18 that the three news organisations would not be allowed into the White House. Journalists from CNN, MS NOW and Politico were denied access to the White House complex and were issued restricted credentials. The three organisations sued the administration in federal court, saying the administration had violated constitutional protections for the press.
Judge Questions White House Process
Judge Timothy Kelly, appointed to the federal bench by Trump in his first presidency, had already raised doubts about the Trump administration’s handling of the ban during a hearing on Wednesday. And he raised questions about whether the White House provided the journalists with the due process required under existing legal precedents before revoking their access.
The legal fight is partly about the First Amendment which protects freedom of the press as well as due-process protections under the Fifth Amendment. The news organisations said their exclusion was connected to their reporting and amounted to unconstitutional viewpoint discrimination. But the administration pointed out its power to control access to the White House and cited national security concerns.
The Justice Department had said access to the White House is a privilege and not a constitutional right. Government lawyers also argued the president should have broad authority over which journalists are allowed access to certain areas of the White House complex, particularly when national security considerations are involved.
Trump Had Accused Outlets Of Publishing 'Fiction And Lies'
Trump announced the restrictions in a social media post on September 18. He accused CNN, MS NOW and Politico of repeatedly publishing what he described as “fiction and lies” about his administration. The administration later relied on national security arguments to defend the restrictions in court.
The three media organisations rejected the restrictions and filed a First Amendment lawsuit seeking restoration of their access. Their legal challenge was launched after reporters were denied access to the White House grounds and their regular coverage arrangements were disrupted.
The dispute also affected the broader White House press pool. Several prominent television networks that are part of the rotating press pool suspended coverage in solidarity with the organizations that had been excluded. The move also showed how the presidential press operation will be affected by removing individual outlets from the mix.
Trump-Appointed Judge Issues Ruling
Kelly’s role has drawn particular interest because he was nominated to the federal bench by Trump. During the hearing, the judge said that in cases involving White House press access, the standard procedural measures hadn’t been followed.
The judge’s order now calls for the administration to restore access to it while the larger legal fight continues. Obviously, the ruling does not necessarily end the case because the constitutional issues of who has authority to prohibit journalists are not as clear as they may seem, and they have a longer and more complex history of challenges to the administration’s ability to limit it.
The case is being closely watched because of its implications for the White House’s relationship with the news media. And it opens up broader questions about press access, government control over presidential coverage and the constitutional protection journalists reporting from government premises should enjoy.
For CNN, MS NOW and Politico, the order is a temporary restoration of their ability to cover the White House from inside the complex. For the Trump administration, it will be another legal challenge to its attempts to remake the relationship between the president and the press.
The crisis will be one that will be on the front burner as the administration and the news organisations square off over press access and constitutional rights.
