Reporters from CNN, Politico and MS NOW were still being turned away from the White House Thursday morning, hours after a federal judge ordered their press credentials restored. According to CBS News, journalists from all three organizations reported problems regaining White House access after U.S. District Judge Timothy Kelly issued a temporary restraining order requiring administration officials to restore the credentials. Attorneys for the outlets responded by asking the court for an immediate emergency hearing.
The ruling marked an early legal victory for the three news organizations, but it did not settle the broader constitutional fight. CBS News reported that Kelly found CNN, Politico and MS NOW were likely to succeed on their argument that their due process rights had been violated because they did not receive adequate notice or an opportunity to challenge the decision before their hard passes were revoked. The temporary order is set to remain in place for 14 days while the court considers whether longer relief is warranted.
The White House access dispute began on September 18, when Trump announced that CNN, Politico and MS NOW would be barred from the complex over reporting he characterized as false. According to the Associated Press, reporters from the three organizations were turned away the following day, and their credentials were deactivated or confiscated. CNN, MS NOW and Politico filed suit on September 21, arguing that the restrictions amounted to retaliation over their journalism and violated both First Amendment protections and their Fifth Amendment due process rights.
The Trump administration has disputed those arguments. According to CBS News, Justice Department lawyers defended the restrictions by raising national security concerns and accusing the outlets of failing to meet standards of professionalism and decorum. The White House Press Office sent letters to the organizations on Tuesday pointing to reporting it said involved sensitive information and gave them until 5 p.m. Friday to respond. Kelly concluded, however, that the process came after the credentials had already been revoked and questioned whether the standards cited by the administration were sufficiently clear.
In explaining the due process issue, Kelly wrote, “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.” According to CBS News, Kelly also expressed skepticism about the national security justification based on the current record, noting that Trump’s initial explanation for the ban focused on his objections to the outlets’ reporting. The judge has not issued a final ruling on the outlets’ First Amendment claims.
Despite the order restoring White House access, journalists encountered problems at the gates Thursday morning. Reuters reported that a Politico reporter was denied entry and had his credential confiscated, while MS NOW correspondent Laura Barrón López said she was also blocked from entering. CNN said some of its staff members were denied access as well. CBS reported that CNN correspondent Betsy Klein and a photojournalist were turned away at approximately 6 a.m., although one CNN producer was able to enter, leaving questions about how the court order was being implemented.
The dispute has also affected television coverage from the White House. CNN had been scheduled to participate in the television press pool during Trump’s trip to New York for the United Nations General Assembly but was removed because of the ban. ABC News, CBS News, NBC News and Fox News then suspended their participation in the shared television pool in support of CNN. The pool provides footage that is distributed across participating television networks and their affiliates.
The legal fight also has a notable precedent. AFP reported that Kelly previously handled a White House credential dispute involving CNN journalist Jim Acosta in 2018 and ordered his access temporarily restored on due process grounds. In the current case, the judge is again confronting questions about what procedures the government must follow before taking away established press access.
By Thursday morning, the conflict had shifted from whether CNN, Politico and MS NOW would receive temporary relief to whether that relief was actually being carried out. CBS News reported at 10:25 a.m. EDT that attorneys for the outlets had requested an emergency hearing after their journalists continued to face denials at the White House. Reuters reported that the White House had not immediately responded to its request for comment. The next court action could determine how quickly the outlets regain full White House access while their larger constitutional challenge continues.
