“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,” Kelly wrote.
The judge said that press credentials held by employees of the three outlets will be reinstated “until further Order of the Court or the expiration of this Temporary Restraining Order”, which is to remain in effect for 14 days.
Kelly added that the order cannot be immediately appealed.
Ahead of the ruling, the Department of Justice had argued Trump can “control reporters’ access to restricted presidential areas, such as the Oval Office”.
“Access to the White House is a privilege – not a right,” it said.
‘National security’
The White House Press Office accused CNN in a letter to the cable news outlet of “trafficking in verifiable falsehoods about national security and other issues, and publishing sensitive or classified information”, with similar accusations levelled against MS NOW and Politico.
The letter to CNN cited several stories about the US-Iran war and a story on Trump’s plans to build a military bunker below the planned East Wing ballroom which allegedly “disclosed ‘top-secret’ construction details”.
Theodore Boutrous, representing the media outlets in court on Wednesday, told the judge that in Trump’s Truth Social post announcing the bans, the President “didn’t say anything about national security”.
Boutrous argued that being punished for reporting on national security issues “that the government would rather have not be reported on is just contrary to First Amendment principles”.
Kelly said the stories identified in letters to the outlets were “routine”.
“The Court is sceptical – at least on this record – that Defendants’ interest in safeguarding national security is the actual motivation for, or is even advanced by, the revocation of Plaintiffs’ hard passes,” Kelly said, referring to the White House press credentials.
Journalists for the three news organisations were denied access to the White House grounds on Saturday and had their passes confiscated, in the latest flare-up of the 80-year-old Republican President’s assault on mainstream US media.
‘Shouldn’t be here’
In a previous case involving CNN during Trump’s first term, Kelly, a Trump appointee, ordered the White House to temporarily restore access for a CNN reporter whose pass had been revoked.
In a rare move, the top five US broadcasters said on Monday that they were halting pool coverage of the White House – where a broadcaster films on behalf of all television outlets for the day – in solidarity with CNN.
“The public has a vital interest in receiving accurate, independent information about its government. No administration should restrict a news organisation because it objects to its reporting,” ABC, CBS, CNN, Fox and NBC said.
The White House Correspondents’ Association and nearly 50 news organisations also filed a brief with the court calling for the bans on CNN, MS NOW and Politico to be reversed.
Trump appeared to suggest on Tuesday that CNN should not be covering him outside of the White House either.
“I’m surprised that CNN is here covering me. You shouldn’t be here,” Trump told a reporter at the UN General Assembly in New York.
The White House launched a streaming channel, Trump TV, on Monday which it said would show “top videos, major remarks, and must-see highlights streaming 24/7 and updated in real time”.
The ban came at a time when Trump’s approval ratings are at record lows, his Republican Party risks losing control of Congress in November’s midterm elections, and the Middle East conflict drags on with no end in sight.
– AFP
