Donald Trump Vows To Appeal Ruling In Networks’ White House Ban Lawsuit, Even Though Judge Has Yet To Rule

Donald Trump has vowed to appeal a judge’s ruling in the networks’ challenge of his ban on their access to the White House, even though a federal judge has yet to issue a ruling in the case.

Shortly after CNN, Politico and MS NOW filed suit on Monday against Trump for his ban on their access to the White House, the case was assigned to U.S. District Judge Timothy J. Kelly. Kelly set a hearing for Wednesday on the networks’ motion for a temporary restraining order to prohibit such a ban and restore their correspondents’ credentials.

Trump appointed Kelly in his first term, but the judge ruled in favor of CNN and then-White House correspondent Jim Acosta after the administration pulled his credentials.

Trump wrote on Truth Social on Monday, “As expected, Fake News CNN, Politico (Pay back the 8 Million Dollar contribution made by the U.S. Government to keep them afloat!), and MSNOW (formerly known as MSDNC!), have brought suit to gain access to the White House, and your President, ME! They have drawn a great Judge, for them, a man who ruled in favor of Jim Acosta, who now seems to have disappeared from the Planet. The Judge’s name is Tim Kelly, and he was, sadly, appointed by ‘TRUMP.’ In other words, almost without question and, as usual, we’ll go for appeal because Fake News people and publications that only write negatively, and who violate our National Security by writing false and defamatory stories with unknown ‘sources,’ shouldn’t be allowed access to the most important Office anywhere in the World.”

In the Acosta case, Kelly ruled that precedent required that the White House give proper notice of a revocation of a credential. In the 1977 D.C. Circuit opinion, Sherrill vs. Knight, the judges ruled that “the protection afforded newsgathering under the First Amendment guarantee of freedom of the press requires that this access not be denied arbitrarily or for less than compelling reasons.”

Trump announced his ban on Friday. On Saturday, reporters for CNN, Politico and MS NOW said that they were denied access to the White House when their hard passes no longer worked.

Another Trump appointed federal judge, Trevor McFadden, sided with the Associated Press last year when they sued the administration for banning them from the White House pool and other events. The AP was restricted after it declined to change the name of the Gulf of Mexico to the Gulf of America, as set out in one of Trump’s executive orders.

McFadden wrote in his opinion, “The Court simply holds that under the First Amendment, if the Government opens its doors to some journalists — be it to the Oval Office, the East Room, or elsewhere — it cannot then shut those doors to other journalists because of their viewpoints. The Constitution requires no less.” His decision is under appeal.

In contrast to the AP case, which had to do with being blocked from specific areas of the White House, the three networks were restricted from the grounds entirely.

Trump has also made clear that the ban was over their coverage. Courts have typically required that such restrictions on press freedom serve a compelling government reason for it. In his Truth Social post, Trump wrote that ‘FAKE NEWS IS A THREAT TO DEMOCRACY.”

He wrote, “Virtually every story about me, or anything having to do with me, is negative, wrong and, in many cases, DANGEROUS for our Country! No matter how GREAT my Achievements, they trivialize and demean. The fact is, I won all seven Swing States, the Popular Vote, the Electoral College (312 to 226), and the Counties throughout America by 86%, and yet it is reported that I get 94% bad publicity. With such a Crooked and Corrupt Press, how did I win in such a LANDSLIDE? It is because the Media has NO credibility, and that is a very bad thing for our Nation! Why should I have to give “access” to such people? Perhaps Judge Kelly could explain that!”

Kelly has given Trump until Tuesday to respond to the networks’ lawsuit.