CNN, MS NOW and Politico Ask Washington Judge to Extend Protection Against White House Ban
CNN, MS NOW and Politico return to federal court in Washington on Thursday to ask a judge for a longer-term order protecting their White House access, after a temporary order reinstated their passes in September.
WASHINGTON — CNN, MS NOW and Politico are due in federal court in Washington on Thursday to ask a judge to extend their protection against a White House ban ordered by President Donald Trump, according to Reuters.
Trump announced on Sept. 18 that the three outlets would be barred from the White House complex, and they sued within days, arguing the move infringed their free-speech rights and denied them due process before losing access, according to USA TODAY. On Sept. 24, U.S. District Judge Timothy Kelly granted a temporary restraining order requiring the administration to reinstate their press passes for two weeks.
What the judge will decide next
Thursday’s hearing centers on whether Kelly will issue a longer-term order that keeps the outlets’ access in place until he reaches a final decision in the case, according to USA TODAY. In his September ruling, Kelly found the ban likely violated the outlets’ right to fair treatment under the Fifth Amendment, while not ruling on their First Amendment claim, according to Reuters.
The outlets argue the revocation was unlawful retaliation for their coverage and say the administration’s national security rationale is meritless, according to Reuters. Justice Department lawyers counter that the outlets endangered national security, pointing to stories about construction of the White House ballroom and turnout at the recent Republican midterm convention, Reuters reported. The administration has also argued in filings that White House access is a privilege rather than a right, according to USA TODAY.
A recurring fight over press access
Since the outlets were readmitted under the temporary order, Trump has barred CNN and Politico from traveling on Air Force One, according to USA TODAY, which noted a 2025 appeals court ruling that the president could probably restrict access to certain spaces without violating the First Amendment. Kelly was skeptical of the government’s arguments at a Sept. 23 hearing, according to Reuters, and in 2018 he ordered the White House to restore credentials for a CNN correspondent after a contentious exchange with Trump.
The case is unfolding weeks before the Nov. 3 midterm elections, in which Republicans are fighting to retain control of Congress, according to Reuters.
Reporting based on coverage by Reuters and USA TODAY.
