Donald Trump filed a notice of appeal of a judge’s ruling that has put on hold the White House ban on CNN, MS NOW and Politico from the grounds.
U.S. District Judge Timothy Kelly, a Trump appointee, granted the media outlets a preliminary injunction, which prevents the administration from revoking hard passes of their personnel to the White House press areas. Kelly wrote in his opinion that the media organizations were likely to succeed in their claims that their due process and First Amendment rights were violated.
Trump, represented by attorneys in the civil division of the Justice Department, gave notice of appeal to the D.C. Circuit in a filing on Wednesday.
A White House official said Kelly’s ruling was “misguided.” The official said, “The Fake News has no place demanding a spot in the President’s Oval Office. The lies they smear are a disservice to the American public and tear at the very fabric of our Democracy. They’re completely capable of reporting from directly outside.”
Trump announced the ban on the media outlets in a social media post on Sept. 18. CNN, Politico and MS NOW filed a lawsuit the following Monday, and Kelly granted them a temporary restraining order a few days later. He issued his latest ruling late on Tuesday, about 90 minutes before the TRO was set to expire. A preliminary injunction typically is in force until a trial, or if an appellate court issues a contrary ruling.
In his opinion, Kelly wrote that the plaintiffs “are likely to succeed not only on their due process claim, but also on their two First Amendment claims.”