Judge keeps CNN, MS NOW and Politico White House access in place through Tuesday

Response / context

The three outlets argue that Trump retaliated against protected reporting and denied due process when he revoked their credentials. Justice Department lawyer Michael Velchik argued that the outlets published classified or false information, failed professional standards and could lawfully be excluded on national-security and presidential-discretion grounds; the outlets deny those allegations. Kelly's September 24 temporary order found the outlets were likely to succeed on their Fifth Amendment due-process claim because their passes were revoked without constitutionally adequate notice and an opportunity to respond. He did not then decide their First Amendment claim. Reuters reports that the White House has relied on stories about the president's ballroom project and Republican convention turnout; the outlets say those reasons are pretextual and their reporting was routine. The October 8 hearing ended without a merits ruling, so both sides' broader constitutional claims remain unresolved.