A federal judge ordered White House access "temporarily restored" for reporters from CNN, MS NOW and Politico, dealing President Donald Trump a sharp legal setback just after midnight, according to the Washington Post.
U.S. District Judge Timothy Kelly, a Trump appointee, issued the 14-day restraining order while the outlets' broader legal challenge — which argues the ban violates both their First Amendment rights and their Fifth Amendment right to due process — moves forward.
Theodore Boutrous Jr., the outlets' lead attorney, celebrated the decision in a statement in the wee hours, stating: "This is a strong ruling vindicating freedom of the press, due process and the rule of law. We greatly appreciate the court's swift action." The White House and Justice Department didn't immediately respond to requests for comment.
Kelly found the outlets showed a "high likelihood of success" on their claim that their credentials were yanked without due process, ruling the public interest in a free press tipped the scales in their favor. "This is a high bar, but Plaintiffs have met it," he wrote, according to the Post.
The administration had argued the ban was lawful and accused the outlets of endangering national security by "trafficking in verifiable falsehoods" and publishing classified information — even though no U.S. law makes it a crime for journalists to obtain or publish such material.
According to the Post, "Kelly said in his ruling Thursday that the plaintiffs are likely to succeed in showing the revocation of hard passes without due process was unconstitutional."
"The 'general rule’ is that ‘individuals must receive notice and an opportunity to be heard before the Government deprives them’ of a constitutionally protected interest,” he wrote.
The legal fight isn't over, but for now, the reporters are back in the building.
