Judge extends block on Trump White House ban of MS NOW, CNN and Politico

U.S. District Judge Timothy Kelly on Tuesday indefinitely extended a block on the Trump White House enforcing its ban on MS NOW, CNN and Politico from accessing the White House complex. The preliminary injunction replaces Kelly's temporary restraining order as a lawsuit challenging the ban proceeds.

Kelly, who was nominated to his seat by Trump, wrote that the three outlets were likely to succeed on their claim that they were denied due process when barred without a chance to respond. He cited two binding opinions from the U.S. Court of Appeals for the D.C. Circuit establishing a due process right for journalists whose White House passes face revocation.

For the first time in the case, Kelly said the outlets were likely to succeed on two First Amendment claims alleging retaliation and viewpoint discrimination.

Trump announced the ban on September 18, saying the outlets "constantly write or report FICTION and LIES" when covering him and his administration. On September 19, journalists from the three outlets were denied access to White House grounds and had their permanent passes confiscated. The outlets sued on September 21. Kelly issued a temporary restraining order two days later, allowing journalists to return on September 24.

Kelly rejected the Department of Justice's assertion that national security grounds justified the ban. "There is no evidence in the record that President Trump made the decision to revoke Plaintiffs' hard passes on national security grounds from the get-go, nor at any time has he directly stated that national security was the reason for his decision," Kelly wrote. He characterized the national security argument as "merely a post-hoc justification for the decision" after the outlets sued. The ban reportedly led to hard passes being revoked for 78 journalists before Kelly's initial order.

Kelly noted that without the preliminary injunction, the outlets faced "likely to suffer irreparable harm." He stressed the order is not a final ruling on the lawsuit's merits and does not require the White House to restore access to the Oval Office and Air Force One.

Theodore Boutros Jr., attorney for the outlets, said the court "was right to enjoin the White House from enforcing this unconstitutional ban on the free press." Trump previously said he would appeal any decision by Kelly blocking the ban.