WASHINGTON — Reporters from CNN, MS NOW and Politico will keep walking through the White House gates for at least a few more days. A federal judge on Thursday extended his order blocking President Donald Trump’s ban on the three outlets, and signalled that a longer injunction may follow.
US District Judge Timothy Kelly extended the temporary restraining order through Tuesday and said he expected to rule on the outlets’ request for a preliminary injunction before it expires, the Washington Examiner reported. Kelly, a Trump appointee, called the Justice Department’s national security defence of the ban “an uphill climb,” according to Politico.
The dispute began on September 18, when Trump banned CNN, MS NOW and Politico from the White House. Staff confiscated their press badges the next day, and the outlets sued in federal court on September 21, calling the ban unlawful viewpoint discrimination under the First Amendment.
Kelly’s first order, issued in the early hours of September 24, restored access for 78 journalists for two weeks. He ruled narrowly on due process grounds, finding that the White House had cut off credentials without notice and without any standard the outlets could meet. He did not decide the First Amendment claim.
The administration’s case rests on national security. The Justice Department told the court that access to the White House is a privilege, and argued that the outlets’ reporting exposed sensitive material, including details of construction tied to an East Wing bunker and security spending linked to the White House ballroom. The outlets reject that account and say the real motive is to punish coverage the president dislikes.
Thursday’s extension leaves a quieter fight unresolved. Even after Kelly’s first order, the White House kept limiting the outlets’ place in the rotating press pool. CNN was pulled from the pool for a trip to Tennessee, and a Politico reporter was blocked this week from flying on Air Force One to a rally in Nebraska, Politico said. A court order on the White House grounds does not automatically cover seats on the president’s plane.
A preliminary injunction would keep the outlets inside while the lawsuit runs, potentially for months. It would also set the stage for an appeal by the administration. The White House complied with the first order only after a delay of almost 12 hours, MS NOW said.
For now the 78 journalists keep their badges until Tuesday. Kelly has not said how he will rule.
