U.S. District Judge Timothy Kelly extended an order allowing journalists from CNN, MS NOW and Politico to keep their White House press credentials as their lawsuit against the administration moves forward. The preliminary injunction, issued Tuesday night, found the restrictions on the outlets’ access likely violated their First Amendment rights, according to the Associated Press.
A White House official confirmed to Fox News Digital that the administration intends to appeal. The official defended the restrictions, saying the outlets could report from outside the White House and criticizing their coverage. The official described the decision as misguided and said the administration planned to challenge it in court.
Theodore Boutrous Jr., an attorney for the three outlets, welcomed the ruling in a statement to Fox News Digital. He said the decision secured White House access for the organizations and their journalists. Boutrous also alleged that President Donald Trump restricted the outlets’ access because of unfavorable reporting. That assertion is part of the plaintiffs’ position in the dispute.
Kelly’s latest order builds on a temporary restraining order issued Sept. 24. At that stage, the judge found the outlets were likely to prevail on claims that the administration had violated their Fifth Amendment due-process rights. In the expanded ruling, Kelly also concluded the restrictions likely violated the First Amendment. The Associated Press reported that the judge viewed the restrictions as likely rooted in Trump’s objections to the outlets’ coverage, rather than national-security concerns.
Kelly declined the administration’s request to pause his ruling while it appeals, the AP reported. As a result, the credentials remain in place during the ongoing case.
The dispute began after Trump announced in September that the three organizations would be barred, criticizing their reporting. White House officials later deactivated or took reporters’ credentials. CNN, MS NOW and Politico, along with three journalists, then sued, alleging violations of their First and Fifth Amendment rights.
Justice Department attorneys argued that access to the White House press corps is a privilege rather than a right, and defended the president’s authority to decide which journalists receive credentials. The Justice Department had not provided comment to Fox News Digital at the time of its report.
The preliminary injunction does not resolve the lawsuit. It preserves access for the three outlets while the legal claims continue and the administration pursues an appeal.
