The Justice Department is appealing a court order preventing the White House from enforcing its ban on MS NOW, CNN and Politico, CNBC reported on October 14. The appeal goes to the U.S. Court of Appeals for the District of Columbia Circuit.
The order being challenged allows the three outlets to keep access to the White House complex. Judge Timothy Kelly issued a preliminary injunction replacing an earlier temporary restraining order against the ban President Donald Trump announced on September 18. The injunction does not settle the lawsuit's merits.
Kelly said the outlets were likely to succeed on their First Amendment claims of retaliation and discrimination based on their viewpoints, according to CNBC. He wrote that they were likely targeted because Trump considered their coverage inaccurate and biased.
The judge also rejected the national security explanation, finding no evidence in the record that it was Trump's original reason. Kelly noted that Trump had not cited national security in his initial Truth Social post announcing the ban or in comments later that day.
