Wisconsinexaminer iconWisconsinexaminerSep 23, 2026 ~4 min source read

Judge signals skepticism of White House ban on three outlets but pauses before ruling

Federal judge Timothy J. Kelly suggested the White House may have failed to follow required due process when it revoked press credentials for reporters from CNN, MS Now and Politico, but he did not issue an immediate order to reinstate passes.

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Judge Kelly said binding circuit-court precedent gives journalists due process rights before White House press credentials can be revoked and indicated those procedures likely were not followed.

The Justice Department argued press access is a privilege, not a right, and asked that any reinstatement not occur immediately because of upcoming foreign-dignitary events such as Xi Jinping’s visit.

# What happened U.S. District Court Judge Timothy J. Kelly heard arguments after CNN, MS Now and Politico sued the Trump administration this week. The three news organizations asked the court for a temporary restraining order or preliminary injunction to force the White House to restore press passes that were revoked the previous weekend.

At the 45-minute hearing, Kelly said he is largely bound by circuit-court rulings that protect journalists' due process rights before the government can remove White House credentials. He told the parties the procedures those cases set out "weren't followed here," and signaled he may order reinstatement of the passes. He stopped short of issuing an immediate ruling and said he will release a decision as soon as he can.

# Why the judge is skeptical Kelly noted two elements repeatedly: (1) existing circuit precedent that requires certain procedures before removing press access, and (2) the factual record suggesting those processes were not followed by the White House. He framed his comments around applying precedent as a district judge rather than weighing the broader policy arguments about whether those precedents were correct.

# Government's position

# Immediate practical effects Networks that rotate daily White House coverage stopped participating in rotation after the revocations, which has limited the pool video the White House normally releases. The White House also sent letters to CNN, MS Now and Politico explaining the basis for the revocations and gave them a chance to reply by Friday evening.

# Political reaction House Administration Committee ranking member Joe Morelle, D-N.Y., held a virtual briefing calling the ban part of a pattern of government power used against critics. He described the move as an effort to silence those outlets.

# What happens next Kelly said he will issue a ruling as soon as possible but offered no timeline at the hearing. The court's next step is the judge's written order, which will decide whether the passes must be reinstated immediately, reinstated with conditions, or remain revoked pending fuller briefing or appeal.

# Why this matters The case tests how circuit precedent on press access and due process applies to the White House credentialing system and whether the executive branch may remove credentials without following the established procedures courts have required in similar cases.

More context around this story.

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Dclifemagazine iconDclifemagazineSep 20, 2026

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