Valawyersweekly iconValawyersweeklySep 23, 2026 ~7 min source read

CNN, MS NOW and Politico ask federal judge to restore White House access after Trump ban

The three outlets filed a lawsuit saying President Trump’s announcement barring them from the White House violates the First Amendment and due process; a hearing before U.S. District Judge Timothy Kelly will decide whether access should be reinstated immediately.

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U.S. District Judge Timothy Kelly, who previously ordered restoration of Jim Acosta’s press pass in 2018, heard the emergency request to reinstate access while the litigation proceeds.

Broadcast networks paused pooled coverage in protest, which disrupted live television audio of a White House event when the pool was absent.

# What happened

# Who is deciding next U.S. District Judge Timothy Kelly, a Trump appointee, held a hearing to consider the outlets' request for emergency relief. The judge previously presided over a related media-access dispute in 2018, when he ordered the White House to restore CNN correspondent Jim Acosta's press credential after it had been revoked following a contentious exchange with President Trump.

# Arguments presented to the court

  • The news organizations argue the ban is an illegal attack on their free speech rights and a denial of procedural protections owed before the government withdraws access. They contend that once the government opens a forum for the press, it cannot exclude outlets for disagreeable coverage.
  • The administration's filing framed White House access as a privilege rather than an entitlement, asserting the president has the authority to suspend the organizations' access.

# Immediate practical effects

# Context and precedent Courts have previously weighed in on White House credential disputes. In 2018, Judge Kelly found that the process used to revoke Jim Acosta's credential lacked fair and clear procedures and ordered restoration. Free-speech legal analysis cited in the filings says courts have long held the government cannot condition press access on favorable coverage once a space has been opened to the media.

# Political backdrop The ban comes as President Trump criticized the outlets for what he called repeated publication of "fiction and lies." The administration has accused parts of the media of trying to harm Republican electoral prospects ahead of midterm elections. In a social media post following the filings, President Trump expressed regret that he had appointed Judge Kelly to the bench and suggested he expected a loss.

# What the hearing will determine At the hearing, Judge Kelly considered whether to grant emergency relief restoring the outlets' White House access pending resolution of the lawsuit. The decision will turn on how the court weighs the outlets' constitutional claims against the administration's argument that access is a revocable privilege.

# Reporting This account is based on a Reuters report filed by Jan Wolfe and Jack Queen and edited by Tom Hals, Noeleen Walder and Edmund Klamann.

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