U.S. District Judge Timothy J. Kelly temporarily blocked President Donald Trump’s order to ban CNN, MS NOW, and Politico from the White House. The judge ordered the immediate restoration of the hard passes held by employees of those three news outlets. This decision came after the administration cited specific reporting incidents to justify the sudden removal. The administration claimed the ban was necessary due to stories about a planned military bunker and a munitions shortage. The White House failed to give advance notice before taking away these reporters’ access.
According to Reason Magazine, the judge found the sudden banishment inconsistent with due process required by D.C. Circuit precedents. Judge Kelly expressed skepticism about the national security rationale used for this precipitous decision. The administration argued they had valid reasons, but the court record showed otherwise. CNN and the other outlets argued their exclusion discriminated against them based on viewpoint. They claimed the move retaliated against them for protected speech. The court did not yet address those First Amendment issues directly.
Judge Kelly observed that CNN and others received no prior warning from the White House before hard passes for their reporters were revoked. He stated the record is bereft of any relevant formally articulated standards in place before the conduct occurred. The judge noted that while rulings against Sherrill and Karem might have been incorrect in other contexts, he remarked that the court must follow D.C. Circuit precedent. He cited the 1977 case Sherill v. Knight, where the court ruled that a bona fide Washington correspondent’s interest in a pass qualifies as liberty.
Per Reason Magazine, the D.C. Circuit reiterated in Karem v. Trump that a hard pass properly issued cannot be suspended absent due process. Judge Kelly noted the administration failed to provide an opportunity to be heard before revoking the passes. The Washington Times reported that the administration used specific stories to justify the ban on three media outlets. Townhall noted the President’s move to ban these outlets was a direct response to their coverage. The judge’s ruling stops the ban for now while the legal battle continues.
The legal fight over these hard passes is far from over. The court order restores access immediately, but the administration can appeal the decision. Judge Kelly made it clear that the White House must follow established rules before taking such action. The record shows no formal standards existed when the passes were pulled. This lack of process is the core issue the judge highlighted in his ruling. The administration must now decide whether to accept the restoration or fight the order further.
