The ruling hands the outlets at least a temporary reprieve in what has been an extraordinary showdown between Trump and media outlets whose coverage he dislikes.
Trump first announced he was banning the outlets Friday, assailing what he called “fake news,” and only later arguing that their reporting was a risk to national security. The outlets argued in a joint lawsuit that the ban was a blatant violation of the First Amendment because it singled them out for the content of their coverage.
In his late-night ruling, U.S. District Judge Timothy Kelly ordered the White House to “immediately return, reinstate, and restore” the three outlets’ access. He said they had met the legal thresholds to obtain a temporary restraining order, in effect for 14 days, and were likely to succeed in showing that their press passes were revoked without due process.
“This is a high bar, but Plaintiffs have met it,” he wrote.
Kelly — whom Trump nominated in 2017 and who ordered a CNN jounalist's access restored in a similar case in 2018 — also said the government must have clear standards for conduct that would lead to revoking a press pass. He called the standard of objectionable reporting outlined in letters that the White House sent the outlets “so vague it hardly does the trick.”
The judge also made clear he did not buy the administration’s argument that the news outlets’ reporting endangered national security — and noted that Trump himself had not used that argument in the beginning, focusing solely on what he called negative coverage.
“Nothing in the record ... suggests that the revocation of Plaintiffs’ hard passes was motivated by national security concerns,” he wrote.
