Judge Extends Order Allowing News Agencies White House Access

WASHINGTON—A federal judge has extended his order forbidding President Donald Trump from excluding certain media outlets from accessing the White House.

U.S. District Judge Timothy Kelly issued a memorandum of opinion on Oct. 13 granting a preliminary injunction sought by CNN, MS NOW, and Politico to maintain block on the president’s press ban, finding that the plaintiffs were likely to succeed on their First Amendment discrimination claim.

Trump announced on social media last month that he was banning CNN, MS NOW, and Politico “as a result of their constant ‘reporting’ FAKE NEWS!”

After the outlets sued, Kelly ordered the White House to temporarily restore access on Sept. 24, ruling that the government likely violated their Fifth Amendment due process rights by abruptly taking away their press passes without notice or a hearing. 

Attorney Theodore J. Boutrous Jr. told the court in a hearing on Oct. 8 that Trump wanted to ban the outlets because of their viewpoints. 

“He doesn’t like scrutiny of his policies, he doesn’t like the reporting, he wants more good press,” he said.

Department of Justice Senior Counsel Michael Velchik pushed back on that, telling the court that Trump was more concerned with media outlets allegedly fabricating quotes, splicing together interviews, and using anonymous sources. 

“He doesn’t mind negative press stories if he deserves them. He has problems with trafficking verifiable falsehoods,” he said.

The government argued it was necessary to exclude those outlets in name of national security and to prevent leaking of classified information. 

But Kelly said, when originally ordering the White House to restore access, that there was no evidence on the record to back up that claim.

In his ruling on Tuesday, Kelly said it is likely that Trump revoked their access to the White House press area “because he believes their coverage of him and his administration is generally inaccurate and biased.”

“Simply put, that is unlawful viewpoint discrimination,” the judge wrote.

The Associated Press contributed to this report.