On the morning of Thursday, US District Judge Timothy Kelly granted a temporary restraining order (TRO) in favor of CNN, MS NOW, and Politico after the Trump administration moved to revoke their White House press credentials. The TRO lasts 14 days and directs that the outlets' hard passes be restored while the constitutional challenge continues.
To obtain a TRO, plaintiffs must show a likelihood of success on the merits, likely irreparable harm without relief, that the balance of equities favors relief, and that an injunction serves the public interest. Kelly concluded the outlets met that high bar.
The three outlets argue the credential revocations amount to unconstitutional viewpoint discrimination under the First Amendment. They also contend their Fifth Amendment due process rights were violated because they were not given notice or an opportunity to contest the revocations before access was suspended.
Administration response and alleged violations
Judge Kelly's findings on national security claims
The administration asserted national security concerns as a reason for revoking access. Kelly wrote that nothing in the pre-suit record suggests national security motivated the revocations. He noted that President Trump's public statements about banning the outlets focused instead on alleged falsehoods and negative reporting, not security threats.
During the 14-day TRO, the court will set an expedited briefing schedule on a motion for a preliminary injunction. The government indicated an intent to appeal, including public statements asserting that some outlets write negatively and should not have access.
Foundation criticized the revocations as part of a broader effort to restrict unfavorable press and chill free speech. The three news organizations immediately sought an emergency hearing to enforce the TRO after reporting denials of access post-order.
Expect an expedited schedule for briefing and a possible appeal if the administration pursues one. Watch for a court ruling on a preliminary injunction after the TRO period and for any enforcement proceedings related to the alleged post-TRO denials of access and confiscation of credentials.