The Ban and the Block
President Donald Trump banned CNN, MS NOW, and Politico from the White House on Friday. On Tuesday, a federal judge located in the District of Columbia temporarily halted that ban.
U.S. District Judge Timothy J. Kelly mandated the reinstatement of the “hard passes” possessed by staff at those three news outlets. The administration used stories about a military bunker and munitions shortages to justify the move, per Townhall.
Reports from Reason Magazine state the judge found the sudden banishment inconsistent with due process required by D.C. Circuit precedents. He expressed skepticism about the national security rationale offered for such a quick decision.
The White House did not give these reporters advance notice before taking away their passes. Judge Kelly noted they were denied “an opportunity to be heard” before the action occurred.
The Legal Precedent
CNN and the other outlets argued their exclusion discriminated against them based on their viewpoint. They claimed the ban retaliated against them for protected speech, according to Reason Magazine.
The court looked at a 1977 case where the D.C. Circuit ruled that a correspondent’s pass is a liberty interest. The court stated that this interest “undoubtedly qualifies as liberty which may not be denied without due process of law under the fifth amendment”.
A ruling from the same circuit, issued six years prior, reaffirmed that “a duly issued hard pass may not be suspended without due process”. The Trump administration argued those old cases were “wrongly decided,” Judge Kelly wrote.
His response to that claim was blunt and clear. He observed, “Maybe—but this Court is bound by D.C. Circuit precedent, full stop”.
Moreover, he pointed out that “the record is bereft of any relevant ‘formally articulated standards’ in place” before the passes were revoked. This lack of written rules was a key factor in the ruling.
This ruling does not address the broader First Amendment issues regarding viewpoint discrimination. The judge focused strictly on whether the administration followed the correct legal steps. The Washington Times reported that the stories about the bunker and munitions were central to the administration’s justification.
The temporary block means the reporters can return to the White House grounds while the legal battle continues. The administration must now follow the court’s order to restore access immediately.
Per Reason Magazine, the decision highlights that even a president cannot bypass established court rules without due process. The case now moves forward with the passes restored for now.
Officials have not yet stated if they will appeal this specific order to a higher court.
