US federal judge orders press credentials restored for journalists

The US government must initially grant journalists from the channels CNN and MS NOW as well as the news portal “Politico” access to the White House again. On Thursday night (local time), a federal judge granted an urgent application from the media excluded by US President Donald Trump.

The press cards of the journalists affected must be returned or restored “immediately,” the interim order said. Judge Timothy Kelly considered it likely that the withdrawal of the ID cards had taken place without a constitutionally appropriate procedure. The general rule is that “individuals must receive notice and an opportunity to be heard before the government deprives them of a constitutionally protected interest.”

The judge did not make a final decision on the question of whether excluding journalists from the White House violated the freedom of the press guaranteed by the US Constitution. When filing their lawsuit, CNN, Politico and MS NOW argued that the ban was a "threat to freedom of the press and the public's right to independent journalism without government interference." The aim is to “defend the principle that the government does not decide what the press reports on or what it publishes”.

The instruction comes into force immediately and is initially valid for 14 days. During this time the court will discuss further proceedings. An interim injunction is “fundamentally not appealable,” it said.

Judge Kelly also found that the US government's argument that the revocation of press credentials was necessary to protect national security was not sufficiently substantiated. The court doubts that security concerns were the actual motivation for banning journalists from the White House, it said. When he announced that he would ban the media from the White House, Trump simply criticized their reporting as untrue and negative.

Ted Boutrous, an attorney for the media companies, praised the court's swift action in a statement to CNN. “This is a clear decision in favor of press freedom, due process and the rule of law.” The White House did not initially comment on the decision. Trump had already announced a few days ago that he would appeal in court if he lost.

Trump announced last Friday that the three media outlets were immediately banned from accessing the White House because they had spread false news. Critics see Trump's actions as an attack on press freedom and an obvious attempt to intimidate critically reporting media. On Saturday, journalists from all three media companies said access to the White House grounds was blocked. Trump also threatened to extend the ban to other media. As a result, the three media outlets went to court.

In the middle of this dispute, the White House launched its own online channel on Monday. According to the White House, the stream called “Trump TV” runs around the clock every day - “with the best moments from the past, announcements and the latest and most important news from the government”.

Meanwhile, other media outlets expressed their solidarity with the journalists who were fired. The close TV coverage of Trump's appointments and trips, which is regulated by a rotation principle of major television networks, was stopped by them - as a protest because CNN is part of the so-called pool, which also includes the TV channels ABC, CBS, NBC and Fox News.

A joint statement from the TV channels said the public has a fundamental interest in receiving independent information about their government. No government should restrict a news organization simply because it disapproves of its reporting.

What is noteworthy is that the statement came from all five TV channels in the pool - and therefore also from Fox News. This is actually Trump's favorite station, which often reports favorably on him and gives him a lot of space in the program. Other media such as the New York Times, the Washington Post and the Associated Press news agency also publicly sided with the three media companies.

In his second term, Trump is taking increasingly tough action against unpopular media. He often insults journalists if he doesn't like the questions they ask. Benevolent reporting, on the other hand, is expressly praised. As in Germany, freedom of the press is constitutionally anchored in the USA.

Before the US parliamentary elections in just under six weeks, Trump is under pressure domestically. His Republicans want to defend their razor-thin majorities in the House of Representatives and the Senate. However, the president's popularity ratings are extremely poor. Election polls indicate a possible shift in power in Congress in favor of the Democrats.