A Trump-appointed federal judge just stopped the Secret Service from kicking three news outlets off the White House grounds. This ruling blocks the ban on CNN, MS NOW, and Politico until a full hearing can be held.
It happened after the Secret Service defied a court order to let them back in. The three outlets asked for an emergency hearing because their access was cut off. According to the Washington Times, this move came after the president announced the ban last Friday.
U.S. District Judge Timothy J. Kelly wrote that the sudden banishment seemed wrong under the law. He noted that the White House did not give these reporters advance notice. They also did not get “an opportunity to be heard” before losing their passes. Judge Kelly cited two older cases from the D.C. Circuit Court.
One case from 1977 ruled that a bona fide Washington correspondent has a right to a press pass. Six years prior, a separate ruling stated that “a duly issued hard pass may not be suspended without due process.”
Per Reason Magazine, Judge Kelly admitted he might think those older cases were “wrongly decided.” However, he noted, “Maybe—but this Court is bound by D.C. Circuit precedent, full stop.” The judge said the record shows no clear rules existed before the revocation. He stated that “the record is bereft of any relevant ‘formally articulated standards’ in place before any of the conduct for which Defendants revoked their hard passes.”
The White House claimed national security was the reason for the ban. Judge Kelly expressed skepticism about this excuse given the timing. He said the decision to ban them was precipitous. The outlets argued their exclusion was based on their viewpoint and speech.
First Amendment issues remain unaddressed by today’s decision. It only says they must get their passes back for now. Employees of those news outlets must have their “hard passes” restored by the Secret Service.
According to Townhall, Larry Elder noted the irony of a Trump judge protecting media access. The court order temporarily blocked the attempt to ban these specific groups. The administration tried to argue that past rules did not apply. Judge Kelly said the White House ignored the need for a fair process. He made it clear that the government cannot just take away access without a reason.
