The fight over who gets to cover the president in person is heading to an appeals court. The Justice Department filed a notice of appeal on Wednesday, a day after U.S. District Judge Timothy Kelly ruled that journalists from CNN, MS NOW and Politico can keep their White House access while their lawsuit against the Trump administration proceeds.
Kelly, himself a Trump appointee, found that the ban on more than 70 reporters likely violated their free speech and due process rights. He wrote that there was little evidence the administration had actually relied on the national security concerns it cited, and pointed to the president's own public comments as suggesting the credential revocations were meant to pressure the outlets into friendlier coverage.
The judge also refused the government's request to pause his ruling while the appeal plays out, meaning the reporters' hard passes stay valid for now. Kelly had first lifted the ban temporarily on September 24, shortly after the outlets sued over last month's access decision.
The White House pushed back, saying the outlets are fully capable of reporting from outside the grounds and calling the decision misguided. The ruling keeps the press area open to the three organizations for the duration of the case, unless the D.C. Circuit intervenes — setting up a closely watched test of how far a president can go in selecting which journalists may cover him up close.
