A federal judge has instructed the White House to promptly restore the press credentials belonging to three news organisations following President Donald Trump’s decision to exclude their journalists from the compound last week.
Early Thursday, US District Judge Timothy Kelly granted a temporary restraining order requested by Politico, CNN, and MS NOW as part of a joint lawsuit contesting the revocations.
Citing the critical needs of a “free press”, Judge Kelly decreed that credentials for 78 journalists must be restored for at least two weeks while legal proceedings continue, reports Politico.
The judge, who was appointed by Trump, suggested that the national security rationale claimed by the administration was an after-the-fact justification for a decision the president seemed to make over ordinary disagreements with the outlets’ reporting.
Describing the disputed stories as “routine”, Judge Kelly stated in an eight-page ruling issued shortly before 1am Eastern time that he was skeptical national security was the genuine motivation for revoking the passes.
The judge added that nothing in the record prior to the lawsuit indicated the revocation was motivated by national security concerns.
Instead, when Trump announced he was “banning” the plaintiffs, he focused on the alleged negativity and lack of truthfulness in their reporting.
The judge noted that the administration provided no evidence that any of the disputed stories contained classified information or caused actual damage to national security.
He observed that some of the reporting was months or even years old, which contradicted the administration’s claims of urgency.
The judge also said the White House appeared to have violated the constitutional due process rights of the journalists by failing to give them advance notice that concerns about their reporting could lead to pass cancellations.
Theodore Boutrous Jr, the lead attorney for the news organisations, welcomed the judge’s order and the promptness with which it was issued.
In a statement, Boutrous expressed appreciation for the court’s swift action, describing the decision as a strong ruling vindicating press freedom, due process, and the rule of law.
The ruling followed a hearing on Wednesday where Boutrous argued that the ban violated the First Amendment, while a lawyer for the Justice Department contended that Trump should have the right to exclude reporters who fail to observe “widely known” journalism standards.
Judge Kelly dismissed the administration’s argument regarding journalistic standards as “so vague it hardly does the trick.”
He also set a “nominal” $1 bond, noting that the ruling was unlikely to inflict economic costs on the administration even if it succeeds in later legal stages.
Trump, who had predicted the initial loss and criticized Judge Kelly as “disloyal”, signaled his intention to file an appeal. The White House did not immediately reply to a request for comments.
