A federal judge has extended a temporary block on President Donald Trump’s ban barring CNN, MS NOW and Politico from the White House, preserving the outlets’ access while he decides whether to issue a longer preliminary injunction. U.S. District Judge Timothy J. Kelly said Thursday he expects to rule today.
Kelly’s extension keeps the organizations’ hard passes active beyond the two-week temporary restraining order he issued on Sept. 24. That earlier order restored credentials after Trump announced the ban on Sept. 18, citing the outlets’ “constant ‘reporting’ FAKE NEWS” and unfavorable coverage. Reporters had their passes revoked the next day and were denied entry; the three organizations sued immediately, arguing the move was unconstitutional retaliation that violated the First Amendment and due process.
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| CNN's Kaitlan Collins |
At Thursday’s hearing, Kelly expressed skepticism about the Justice Department’s claim that the restrictions were driven by national security and that the outlets had a fair chance to respond. He noted the gap between Trump’s public statements focused on coverage content and the government’s courtroom justifications, calling the national-security defense “an uphill climb.”
Kelly also indicated he is constrained by D.C. Circuit precedent requiring notice and an opportunity to be heard before hard passes are revoked.
The central issue is the boundary between legitimate White House control over physical access and unconstitutional viewpoint-based retaliation against the press. Kelly’s initial order found the outlets were likely to succeed on due-process grounds because of the lack of prior notice or clear standards. The administration maintains access is a privilege, not a right, and has pointed to concerns about professionalism and reporting on sensitive matters; the judge has questioned whether those concerns match the public record.
A preliminary injunction would keep access in place for the duration of the litigation, which could take months; a denial would allow the ban to resume, almost certainly prompting an appeal. Even under the current order, disagreements have arisen over specific events and pool assignments. Trump has previously signaled that his administration would appeal an adverse ruling.