President Donald Trump's administration filed a notice of appeal Tuesday with the U.S. Court of Appeals for the District of Columbia Circuit, seeking to overturn a federal judge's ruling that blocked the White House from banning CNN, MS NOW and Politico from the press area.
The appeal came less than a day after U.S. District Judge Timothy Kelly ruled against the administration, finding that the White House's decision to revoke the outlets' hard passes was not justified on national security grounds. Kelly's order allowed the three news organizations to retain their access to the White House press area pending further proceedings.
In his ruling, Kelly wrote that "there is no evidence in the record that President Trump made the decision to revoke Plaintiffs' hard passes on national security grounds." The judge also stated that "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 has been unfavorable to him.
The case stems from the White House's decision to strip hard passes — credentials that allow journalists regular access to the White House grounds and press briefing room — from the three outlets. CNN, MS NOW and Politico filed suit, arguing the move violated the First Amendment by punishing them for their reporting.
Kelly, who was appointed to the bench by Trump in 2017 during his first term, is a former deputy assistant attorney general in the Justice Department's Office of Legal Policy and previously served as a staff secretary in the George W. Bush White House. His ruling represents a significant legal setback for the administration's efforts to control which journalists receive White House access.
The appeal now moves to the D.C. Circuit, which has jurisdiction over federal cases originating in Washington and is widely regarded as the second most influential court in the country after the Supreme Court. The administration is seeking an expedited review, though no timeline for oral arguments has been announced.
Hard passes are issued by the White House Correspondents' Association and approved by the White House press office. They are distinct from the daily "day passes" issued to journalists covering specific events. Revoking them effectively bars a news organization from maintaining a permanent presence in the White House press area.
The three outlets have continued to cover the White House using day passes and remote reporting since their hard passes were pulled. The legal battle is one of several ongoing disputes between the Trump administration and major news organizations over access and press freedoms.