Federal Judge Timothy Kelly ordered the immediate reinstatement of credentials for CNN, MS Now and Politico, ruling that the ban likely violated their constitutional right to due process. The judge concluded that the media outlets would likely succeed in demonstrating that the administration had not followed proper procedure in imposing the ban, and ordered the immediate return of press credentials and a stay on the enforcement of the ban for 14 days.
Kelly expressed doubt as to the White House’s claim that the ban was partially justified by national security, noting that the president had not mentioned this in his initial announcement. In a written ruling, he stated that 'the record contains no factual support for the defendants' claim that the revocation of the plaintiffs' permanent credentials will indeed protect national security'. The US Department of Justice alleged in a court filing on Tuesday that these media outlets were endangering national security through their reporting, citing articles on missile stocks, the construction of a ballroom at the White House, and the recent Republican convention.
Trump had announced the ban on the three outlets on Friday, accusing them of publishing 'fiction or lies' about his administration. By Saturday morning, all three outlets reported that they had been denied access to the White House grounds and that their press credentials had been revoked. In a joint statement on Monday, they stated that they were taking legal action to 'defend the principle that the government does not decide what the press reports'. More than 50 media organisations of varying political leanings filed an amicus curiae brief in support of the lawsuit, including Fox News, the New York Times, the Washington Post and the Wall Street Journal.
Despite the late-night ruling, CNN, Politico and MS Now reported on Thursday morning that they had been denied entry to the White House, prompting a request for an emergency hearing. The outlets' lawyers stated in a new filing that reporters from all three outlets had attempted to enter the White House but were turned away, with Secret Service agents confiscating the permanent credentials of those journalists whose credentials had not already been confiscated. The White House director of operations stated in a filing that press passes and revoked credentials had been returned by 9:45 local time, after which all three outlets confirmed they were once again granted access.
Later that evening, a CNN journalist, an MS Now producer and an MS Now journalist stated that they were denied entry to cover the arrival of guests at the state dinner for Chinese leader Xi Jinping. The media outlets stated that they had duly submitted the names of their journalists for accreditation to cover the arrivals. White House correspondent for MS Now, Laura Barron-Lopez, said that White House staff told her she could not enter and should contact the White House communications director.
The White House continued on Thursday to deny full access to the event to CNN journalists, despite the court order. About an hour before Xi Jinping's scheduled arrival, the White House announced that CNN could cover the event, but only with a photographer and an audio technician, explicitly excluding the network's editorial team consisting of a journalist and a producer. The arrival of Xi Jinping and his wife Peng Liyuan at the White House was broadcast live on YouTube via the White House channel, and this broadcast attracted only 18,000 views.
The state dinner for Xi Jinping was not televised. None of the major US networks provided a live video feed after the Trump administration refused to allow a CNN journalist and producer to cover the event. CNN is one of five major networks that provide shared video content from White House events to other broadcasters, in a rotation determined by the White House press office. ABC, CBS, NBC and Fox News refused to continue video coverage of White House events until CNN was granted full access again.
Trump complained on his social media platform that CNN and MS Now had 'refused to cover' his welcome of Xi Jinping at the White House. The White House Communications account posted on X that, 'contrary to what fake news wants you to believe, they do not get free access to every part of the White House, every event, and every press call'. The networks that stood in solidarity and withdrew, including Fox News, NBC, CBS and ABC, have not yet confirmed that they will resume broadcasting from the White House.
In a separate case, the administration used taxpayer funds this week to air a pro-Trump ad produced by the White House on Fox News. The 30-second ad features footage of Donald Trump telling supporters in Las Vegas: 'Together we will defeat communism, socialism and Marxism in America.' The ad features a montage of images from his second term set against the backdrop of the words 'America will not be a communist country', with the chorus of the song 'Love Me' by JMSN playing. The final 10 seconds of the ad feature the text 'Paid for by the Government of the United States' at the bottom of the screen. In a statement to Politico, the White House described the versions of the ad, which were also published on official government accounts on TikTok and YouTube, simply as 'public service announcements' that were 'educational and patriotic without apology'. The aired version of the ad concluded with a tribute to Trump spoken by Dana White, chief executive of Ultimate Fighting Championship.
