Federal Judge Blocks Trump's White House Media Ban, Orders Access Restored

A federal judge on Thursday ordered US President Donald Trump to restore White House access for journalists from CNN, MS NOW and Politico, ruling that the ban on the three outlets was likely unconstitutional.

US District Judge Tim Kelly issued the order in a lawsuit filed by the news organisations challenging the ban, which Trump announced on September 18. The judge directed the administration to immediately return the outlets' press passes and barred officials from enforcing the ban for 14 days.

Kelly rejected the government's claim that the ban was driven by national security concerns. He said the record lacked factual support for the contention that revoking the hard passes would protect national security, or that security would be endangered if the passes were reinstated during the litigation. The judge noted that Trump himself had attributed the ban to the outlets' alleged lack of truthfulness and the negativity of their reporting.

The White House and representatives for the outlets did not immediately respond to requests for comment.

Trump had said on social media that the three outlets should not be able to constantly write or report fiction and lies. Justice Department lawyers had sought to justify the ban on national security grounds.

The three outlets sued Trump and other administration members in federal court in Washington on Monday, arguing the ban violated the Constitution's First Amendment protections for free speech and a free press, as well as their due process rights. They sought a temporary restraining order to immediately reinstate their White House access while their legal challenge proceeds.

The legal battle is unfolding weeks before the November 3 midterm elections, in which Trump's fellow Republicans are fighting to retain control of Congress. Trump's job approval ratings are at record lows in opinion polls amid concerns over issues such as the Iran war and inflation.

At a Wednesday hearing, Kelly said two precedents from the US Court of Appeals for the District of Columbia Circuit made clear that journalists are entitled to due process before their White House press passes can be revoked. He added that the White House did not appear to have given the targeted outlets a meaningful opportunity to contest the revocation of their access.

A lawyer for the news outlets told the judge they were banned without legally required advance notice or an opportunity to contest the decisions, which he described as unprecedented, unreasonable and severe punishments. A Justice Department lawyer argued that the administration provided a sufficient explanation for the revocations in letters sent to the outlets on Tuesday. The judge signalled scepticism, noting the letters were sent after the revocation occurred and after the lawsuit was filed.

In a legal filing on Tuesday, the Justice Department argued that access to the White House is a privilege, not an entitlement, and that the president has the authority to suspend access by news organisations.

A coalition of press freedom groups and dozens of news organisations filed a legal brief on Wednesday supporting the three outlets. They asserted that stripping journalists and news outlets of their rights because of perceived editorial viewpoint violates decades of Supreme Court jurisprudence. The brief was signed by the Reporters Committee for Freedom of the Press, Varta Wire, the Washington Post and Fox News, among others.