A federal judge has ordered the White House to stop shutting out reporters from three news organizations. His written opinion says the government’s national security explanation appears to be “a post-hoc justification.”
What happened. On Sept. 18, President Trump posted on Truth Social that, effective immediately, he was banning CNN, MS NOW and POLITICO from the White House. The next day, reporters holding permanent “hard passes” were turned away. On Sept. 22, unsigned White House Press Office letters told them their passes were being revoked and gave them until 5 p.m. Sept. 25 to respond. The court counted 78 reporters affected.
What the judge ruled. U.S. District Judge Timothy J. Kelly granted a preliminary injunction on Oct. 13. He found the reporters were likely to win on three grounds: they were denied due process under the Fifth Amendment, and the ban looked like First Amendment retaliation and discrimination based on viewpoint. He set a bond of $1.
What he did not rule. Kelly wrote that no one should read his decision to suggest the president’s concerns about accuracy and fairness in media coverage are unfounded. The ruling is about how the government took the passes away and why, not whether the coverage was fair.
What comes next. This is a preliminary order, not a final judgment. The Justice Department is appealing, according to CBS News. The order stays in place unless a higher court changes it.
Today the target is three newsrooms. Tomorrow it could be any reporter who asks the wrong question. A press pass is a public trust, and the court just said it cannot be revoked like a grudge.