A United States federal judge has extended White House access for journalists from CNN, MS NOW and Politico, ruling that US President Donald Trump likely acted unlawfully when he sought to bar the news organisations over their reporting.
US District Judge Timothy Kelly issued a preliminary injunction on Tuesday, maintaining the journalists’ access to the White House until a final judgment is delivered in the lawsuit, unless an appeals court overturns the order.
The ruling expands on Kelly’s September 24 emergency order, which temporarily restored access for the journalists after the Trump administration revoked their White House passes.
Kelly said Trump’s public statements indicated that the restrictions were imposed because he considered the outlets’ reporting biased and inaccurate, rather than for the national security reasons subsequently advanced by government lawyers.
“Simply put, that is unlawful viewpoint discrimination,” the judge wrote, adding that “no one should read this decision as suggesting that President Trump’s complaints are meritless.”
The news organisations and press freedom groups have accused the administration of retaliating against journalists for coverage it dislikes.
In a lawsuit, the outlets argued that the ban violated their First Amendment rights to freedom of speech and the press, as well as their right to due process.
Trump announced the ban in September on his social media platform, accusing the outlets of publishing false reports about him.
CNN, Politico and MS NOW “shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President of the United States,” he said.
The Justice Department has defended the restrictions, arguing that the outlets endangered national security by publishing classified information.
It has maintained that the decision to revoke their access was justified.
The White House restored the journalists’ access on September 24 after Kelly ruled that the ban likely violated their constitutional due process rights.
During an October 8 hearing, lawyers for the news organisations and the Justice Department presented arguments over whether the temporary protection should be extended.
The outlets’ lawyer, Theodore Boutrous, accused Trump of attempting to influence media coverage through the restrictions.
“Here we have the unusual situation where the president himself has said he wants to chill speech. He wants to coerce better coverage,” Boutrous told the judge.
However, Justice Department lawyer Michael Velchik defended the administration’s position, saying, “CNN, MS NOW and Politico engaged in apparently indefensible conduct.”
The legal dispute comes weeks before the November 3 US midterm elections, in which Republicans are seeking to retain control of Congress.
Trump’s approval ratings have fallen to record lows in opinion polls amid concerns over inflation and the Iran war.
