Judge Kelly ordered the passes back.

WASHINGTON — Before 1 a.m. Eastern on Thursday, U.S. District Judge Timothy Kelly ordered the White House to give the press passes back. CNN, MS NOW, and Politico had sued after President Trump barred their reporters from the complex last week. Kelly, whom Trump appointed, granted a temporary restraining order and told the administration to restore credentials for 78 journalists for at least 14 days.

The Justice Department had argued that White House access is a privilege and that the president may suspend it. Kelly wrote that the ban likely violates the First Amendment and due process. He said nothing in the record before the suit suggests national security was the reason. Trump, when he announced the ban on September 18, had talked about truthfulness and negativity, not secrets.

He focused on the alleged lack of truthfulness and negativity of the reporting.

Theodore Boutrous, a lawyer for the outlets, called it a ruling for a free press. Thursday morning the door was still shut. USA Today reported that the three newsrooms were let back in just after noon. Micah Stopperich, who runs White House press operations, told the court the credentials had been restored and were available before 10 a.m. Judge Kelly then canceled an emergency hearing for the afternoon. The order still runs 14 days. The outlets may file more with the court after 6 p.m.