Federal judge Timothy J. Kelly sided with CNN on Friday, ordering the White House to reinstate chief White House correspondent Jim Acosta's press pass.

The ruling was an initial victory for CNN in its lawsuit against President Trump and several top aides. The lawsuit alleges that CNN and Acosta’s First and Fifth Amendment rights are being violated by the suspension of Acosta’s press pass.

Kelly did not rule on the underlying case on Friday, but he granted CNN’s request for a temporary restraining order. This result means that Acosta will have his access to the White House restored for at least a short period of time. The judge said while explaining his decision that he believes that CNN and Acosta are likely to prevail in the case overall.

Kelly made his ruling on the basis of CNN and Acosta’s Fifth Amendment claims, saying the White House did not provide Acosta with the due process required to legally revoke his press pass.

He left open the possibility, however, that the White House could seek to revoke it again if it provided that due process, emphasizing the “very limited” nature of his ruling and saying he was not making a judgment on the First Amendment claims that CNN and Acosta have made.

Kelly was appointed to the bench by Trump last year, and confirmed with bipartisan support in the Senate.

CNN has requested the return of Acosta’s press pass from the White House and expects he will be reporting from the White House this afternoon, CNN Washington bureau chief Sam Feist said.

CNN has also asked the court for “permanent relief,” meaning a declaration from the judge that Trump’s revocation of Acosta’s press pass was unconstitutional. This legal conclusion could protect other reporters from retaliation by the administration.

The White House took the unprecedented step of suspending Acosta’s access after he had a combative exchange with Trump at last week’s post-midterms press conference. CNN privately sought a resolution for several days before filing suit on Tuesday.
The defendants include Trump, press secretary Sarah Sanders, and chief of staff John Kelly.

In court on Wednesday, Justice Department lawyer James Burnham argued that the Trump White House has the legal right to kick out any reporter at any time for any reason – a position that is a dramatic break from decades of tradition.

While responding to a hypothetical from Kelly, Burnham said that it would be perfectly legal for the White House to revoke a journalist’s press pass if it didn’t agree with their reporting.

The White House Correspondents’ Association – which represents reporters from scores of different outlets – said the government’s stance is “wrong” and “dangerous.”

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