Judge keeps White House access for CNN, MS NOW and Politico during lawsuit

The ruling

A federal judge issued a preliminary injunction on 13 October that keeps CNN, MS NOW and Politico journalists' access to the White House in place while the outlets sue to overturn Trump's ban. US District Judge Timothy Kelly of the District of Columbia extended an earlier order that was set to expire that day, so the arrangement now runs for the length of the case. Kelly, who was nominated to the bench by Trump, concluded that the three outlets had made strong arguments that the White House violated their First Amendment rights and their right to due process. The order centres on the credentials: it bars the defendants, except Trump himself, from enforcing the 18 September decision to revoke the 'hard pass' press credentials held by the outlets' employees. The operative wording of the order reads as follows.

shall not execute, implement, or enforce the September 18, 2026, decision to revoke the White House 'hard pass' press credentials held by employees of CNN, MS NOW, and POLITICO

Kelly also said his decision does not find Trump's complaints about the accuracy and fairness of the coverage baseless, and that the administration is not without recourse when classified material is leaked unlawfully.

How the ban unfolded

Trump announced the ban in a social media post dated 18 September, and journalists from CNN, MS NOW and Politico were stopped from entering the White House the following day, 19 September. The outlets moved quickly to file suit to recover their access. The president's mass cancellation of hard passes reached nearly 80 reporters. The outlets argue the ban punishes them for their reporting, discriminates against their viewpoints and removed them without due process. On 24 September Kelly issued a temporary restraining order requiring the White House to restore the journalists' press credentials for 14 days. A later extension carried that order through 13 October, when the preliminary injunction took over.

1. Sep 18, 2026Trump announces the ban in a social media post
2. Sep 19, 2026Journalists from CNN, MS NOW and Politico are stopped from entering the White House
3. Sep 24, 2026Judge Kelly orders press credentials restored for 14 days
4. Oct 13, 2026Preliminary injunction keeps White House access in place during the lawsuit

Why the judge sided with the outlets

Kelly found the outlets likely to succeed on their claims, though the case is far from settled. On due process, he reasoned that Trump gave the outlets no advance notice that concerns over their reporting could put their access at risk. On the First Amendment, Trump's repeated public grievances about the outlets' reporting supported the court's view that the ban likely amounted to retaliation and viewpoint discrimination. Legal experts cited by Axios point to the 1977 Sherrill v. Knight case, in which an appeals court ruled it unconstitutional for the White House to revoke press credentials over a journalist's reporting or viewpoint. Further proceedings, possibly including a trial, would decide whether the First Amendment was violated.

What the order does not settle

The White House has continued to bar CNN and Politico journalists from press pool assignments on Air Force One, despite the reinstated credentials. The judge's ruling does not guarantee access to key areas such as the Oval Office and Air Force One, so access problems beyond the credentials remain unresolved. A separate lawsuit brought by the Associated Press, which is still ongoing, could clarify how far the president can bar reporters from such spaces. The case could run for weeks, months or years before it is resolved.