On Wednesday, the Department of Justice lodged its appeal with the U.S. Court of Appeals for the District of Columbia Circuit, seeking to overturn a judge's decision that continued to bar enforcement of the White House's ban on MS NOW, CNN and Politico. The appeal arrived shortly after U.S. District Judge Timothy Kelly replaced his earlier temporary restraining order with a preliminary injunction that keeps the outlets' access in place.
Kelly's order means MS NOW, CNN and Politico can continue entering the White House complex while the lawsuit proceeds. His preliminary injunction supersedes the temporary restraining order he issued after President Donald Trump announced the ban on Sept. 18. In an opinion filed Tuesday night, Kelly said the outlets are likely to succeed on claims that Trump and other defendants violated the First Amendment through unlawful retaliation and viewpoint discrimination.
"It is likely that Plaintiffs were selected by President Trump for revocation of their access to the White House press area because he believes their coverage of him and his administration is generally inaccurate and biased," he wrote. He added that it was "an effort to suppress the speaker's activity due to disagreement with the speaker's view" rather than any compelling interest such as professional standards or national security. "Simply put, that is unlawful viewpoint discrimination," the judge wrote. Trump nominated Kelly in 2017 to the seat he holds now.
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This is not a final ruling. The case proceeds against four defendants: President Donald Trump; Susie Wiles, the White House chief of staff; Sean Curran, the U.S. Secret Service Director; and Steven Cheung, the White House communications director. The Department of Justice's appeal puts the dispute before the D.C. Circuit, extending a high profile fight over who gets to cover the executive branch and on what terms. For readers, it is a reminder that how officials handle access can shape what information reaches you.
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