Why the court fight over the White House media ban isn't over
WBD•A judge restored CNN, Politico and MS NOW’s White House access for 14 days, but has not ruled on their First Amendment claim. The outlets have until September 28 to seek a preliminary injunction extending the block on the ban.
1. Temporary access restored
The Trump administration restored White House access to CNN, Politico and MS NOW on Thursday, complying with a judge’s temporary order. U.S. District Judge Timothy Kelly said the outlets were likely to succeed on their claim that revoking their press credentials without notice and an opportunity to be heard violated due process.
2. Next court steps
Kelly did not rule on the outlets’ claim that the ban violated their First Amendment rights, saying the due process claim was sufficient to halt it temporarily. He set a September 28 deadline for the outlets to seek a preliminary injunction that would extend the block for the duration of the case. The administration could appeal if Kelly grants an injunction.
3. Further challenges possible
The outlets’ lawyer Theodore Boutrous warned that the administration could try to bar them again through a more formal process. He said the outlets’ First Amendment arguments would come forward in the coming weeks. The Justice Department has accused the outlets of threatening national security with their coverage.
