A federal judge signaled he will maintain, for a few more days, the order allowing CNN, MS NOW and Politico access to the White House grounds, with that short extension lasting until Tuesday. He is weighing whether to grant a longer reprieve while the media outlets continue their case against the Trump administration's ban.
On Thursday, arguments were presented before US District Judge Timothy J. Kelly, who told the attorneys he would issue a ruling by Oct. 13, perhaps earlier. Until he issues that decision, the ban remains on hold.
The outlets contend the ban runs afoul of the First Amendment by targeting viewpoint and say the administration violated due process under the Fifth Amendment.
During the hearing, Kelly repeatedly pressed the government on whether it gave adequate advance notice before enforcing the ban, calling that the "biggest hurdle that you all have." He pointed to binding precedent that requires detailed notice ahead of enforcement and suggested that even if there was a process after the fact, the lack of warning could still be a major problem for the government.
Kelly questioned whether the administration's national security rationale matched more "urgent" scenarios courts have dealt with. He noted that several articles cited by the White House were not written by reporters with badge access, describing this as a "more attenuated" situation. Theodore Boutrous Jr., representing the outlets, argued the government offered a "sham" process and reminded the court that the Supreme Court has said even false speech can be protected, cautioning against letting the government decide what is true.
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Justice Department lawyer Michael Velchik argued that in some cases, including litigation over travel restrictions during Trump's first term, courts have found that public comments do not automatically trump formal justifications. He said the president has broad discretion on these determinations and the White House cannot always know how reporters obtained information or whether credentialed journalists were involved.
Kelly focused on the administration's reliance on national security as one of two main reasons for the ban, even though that was not initially cited, with the other justification tied to journalistic standards.
Trump said in a Sept. 18 social media post that he was imposing the ban, citing coverage of his administration that he viewed as unfavorable. The outlets say formal letters communicating the decision arrived four days later.
In September, Kelly put in place a short-term order keeping the ban on hold for a two-week period to provide time for argument over whether a more durable ruling is warranted. After that initial order, reporters were allowed back on the grounds, though tensions persisted. On Monday, the White House refused Politico a seat on Air Force One in its role within the out-of-town travel pool, the limited contingent of reporters who accompany the president on trips.
The Trump administration has said the president must safeguard national security information and, in letters sent after the ban was in place, accused the outlets of publishing confidential material that poses a threat. Kelly, a Trump appointee, previously ordered the restoration of access in a 2018 case after CNN sued over the revocation of correspondent Jim Acosta's credentials.
The current lawsuit bears the title Cable News Network v. Trump, 26-cv-3287, in the US District Court for the District of Columbia (Washington).
For now, the judge is keeping the door open for CNN, MS NOW and Politico while he sorts out whether the ban holds up under the Constitution. The outcome turns on notice, national security claims, and whether the policy targets viewpoint. If you follow politics or rely on these outlets' coverage, this fight affects what you see in your feed and how much sunlight reaches the seat of power.
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