U.S. District Judge Timothy Kelly ordered the White House to restore the press passes of journalists from CNN, MS NOW and Politico. The temporary restraining order came late Wednesday night and lasts 14 days. Kelly told the White House to "immediately return, reinstate, and restore" the passes. He found the outlets likely to win their claim that the passes were pulled without due process.
The order tests whether a president can shut news outlets out of the building where he governs on his own word, with no notice and no hearing.
President Trump announced the ban Friday on Truth Social. The outlets sued Monday. At Wednesday's hearing, the Justice Department said the outlets' reporting on an East Wing bunker, a leak investigation, ballroom security and an Iran deal briefing endangered national security, AP reported. Kelly, a Trump appointee, rejected that for now. "Nothing in the record … suggests that the revocation of Plaintiffs' hard passes was motivated by national security concerns," he wrote. "Certainly, that is not what President Trump said when he announced that he was 'banning' Plaintiffs from the White House."
- The case is Cable News Network v. Trump, No. 1:26-cv-03287, in federal court in Washington.
- Forty-nine news organizations filed briefs backing the three outlets, NBC News reported.
- Kelly called the White House's conduct standard "so vague it hardly does the trick."
Kelly, the three outlets and their lawyer, Theodore Boutrous Jr., stand on one side. Trump and Justice Department lawyer Michael Velchik stand on the other. White House reporters for the three outlets get their hard passes back for now. Their readers and viewers regain first-hand White House coverage.
DisputedWhether a president may pull press passes over coverage he calls false or dangerous, and what process he owes first.
The FramingsThe administration's framing (Trump; Justice Department lawyer Michael Velchik) presents access as a privilege the president grants and can withdraw. "Access to the White House is a privilege, not a right," Velchik told the court. Before the ruling, Trump said, "I don't want them in my office," and "we'll go for appeal." The outlets' and news-industry framing (CNN, MS NOW, Politico and the 49 organizations that filed briefs) presents the ban as punishment for coverage. Boutrous called the order "a strong ruling vindicating freedom of the press, due process and the rule of law." The conservative-critic framing (National Review's editors) holds that the president should drop the ban; the magazine's editorial ran under the headline "Trump Should Rescind the Press Ban." The new-media framing (Just the News) presents the fight as exposing a legacy "press monopoly" on the pool.
The RecordTrump's post announcing the ban, the Justice Department's filing and Kelly's written order are on the record. Kelly found no record support for the national-security rationale at this stage. A restraining order is not a final ruling on the First Amendment claims. Confidence in the order's terms: certain. Confidence the order survives an appeal: medium.
What to watch: A Justice Department appeal to the D.C. Circuit, which Trump signaled. Kelly's schedule for a preliminary injunction. The order's expiration on or about Oct. 8 unless extended.
Sources: AP, Axios, CBS News, Forbes, Just the News, NBC News, National Review, Washington Examiner
