A Trump-appointed judge ruled the outlets are likely to win on due-process grounds, rejecting the administration's after-the-fact national-security claims. What to watch: the court is weighing a longer preliminary injunction.
September 25, 2026 — A federal judge has ordered the White House to restore press credentials for CNN, MS NOW and Politico. The 14-day temporary restraining order, issued by U.S. District Judge Timothy J. Kelly on September 24, directs the White House to "immediately return, reinstate, and restore" hard passes revoked around September 18.
Image: Illustration of a classical courthouse facade dissolving into a newsroom, with glowing press credential badges in the center foreground and a judge's gavel silhouette above. Credit: Red Eye Eagle News / original AI illustration.
Editor's Highlight: The telling detail is the administration's own timeline — Judge Kelly noted the first mention of national security came only after the ban. Trump's own announcement talked only about negative coverage, not security.
Table of Contents
- Key Facts
- The midnight ruling: what Judge Kelly decided
- How we got here: from Truth Social post to courtroom
- The due-process argument that won the night
- Why the national-security defense fell apart
- The messy morning after: compliance delays at the gates
- Bottom Line
- FAQ
- Sources
Key Facts
| Detail | Information |
| Ruling date | September 24, 2026, issued shortly after midnight ET |
| Judge | U.S. District Judge Timothy J. Kelly, D.C. (Trump appointee) |
| Order type | 14-day temporary restraining order; preliminary injunction under consideration |
| Outlets affected | CNN, MS NOW (formerly MSNBC), Politico — hard passes revoked ~Sept. 18 |
| Legal basis | Likely success on Fifth Amendment due-process claim; no notice or hearing given |
| Trump's stated reason | Sept. 18 Truth Social announcement accusing outlets of "fake news" |
| DOJ's argument | White House access is a "privilege, not a right"; national-security claims |
| Solidarity | Nearly 50 news organizations joined an amicus brief backing the outlets |
The midnight ruling: what Judge Kelly decided
Shortly after midnight on September 24, 2026, Judge Timothy J. Kelly of the U.S. District Court for the District of Columbia granted a 14-day temporary restraining order in favor of CNN, MS NOW and Politico. The order requires the White House to "immediately return, reinstate, and restore" the reporters' hard passes.
Kelly found the outlets were likely to succeed on their Fifth Amendment due-process claim — no notice, no hearing before the revocations. The First Amendment viewpoint-discrimination claim was not decided; a longer preliminary injunction comes next.
Newsroom Focus: Kelly was appointed by Trump and previously presided over the 2018 Jim Acosta press-pass case, which the White House also lost. A repeat ruling from the same judge carries weight.
How we got here: from Truth Social post to courtroom
On September 18, President Donald Trump announced on Truth Social that the three outlets were banned, accusing them of "fake news" and "fiction and lies." Credentials were confiscated shortly after.
On September 21, the three outlets filed a joint lawsuit; an emergency hearing followed on September 23, and Kelly's ruling came in the early minutes of September 24.
| Date | Event |
| Sept. 18 | Trump announces ban on Truth Social; credentials revoked |
| Sept. 21 | CNN, MS NOW and Politico file joint lawsuit |
| Sept. 23 | Emergency hearing before Judge Kelly |
| Sept. 24 (~midnight) | 14-day TRO issued; passes ordered restored |
| Sept. 24 (~12:29 p.m.) | All three outlets back inside the White House |
The due-process argument that won the night
The outlets' hook was procedural: under the Fifth Amendment, the government cannot take a credential without notice and an opportunity to be heard — they got neither. Their lawyer, Theodore Boutrous, called it "probably the clearest case in history" of viewpoint discrimination, per NPR.
The Justice Department countered that White House access is a "privilege, not a right" requiring no process at all. Kelly rejected that framing, finding the revocation standard so vague it "hardly does the trick," per NPR.
Why the national-security defense fell apart
The administration later argued the outlets' reporting raised national-security concerns. Kelly was openly skeptical: the record showed little evidence for that motive — the flagged stories were "routine," some months or years old, and several not even written by pass-holders.
"Certainly, that is not what President Trump said" when announcing the ban, Kelly observed, per NPR — the security rationale surfaced later, in court.
Analysis Note: Watch the preliminary-injunction decision. A Trump-appointed judge ruling against a Trump White House revives the 2018 Acosta framework — giving this order weight beyond its 14 days.
The messy morning after: compliance delays at the gates
Compliance was not instant. Some journalists were still denied entry Thursday morning, prompting an emergency hearing request. The White House said restoration took under three hours from 7:10 a.m.; by about 12:29 p.m. ET, all three outlets were back inside.
Solidarity ran wide: nearly 50 news organizations joined an amicus brief backing the lawsuit, per The National News Desk — and when CNN was blocked from pool duties, ABC, CBS, Fox News and NBC declined to send replacement crews.
Practical Takeaway: Pool boycotts and credential fights decide which reporters can physically be in the room when news is made — and with a state dinner the same week, coverage gaps were already visible.
Bottom Line
Judge Kelly's order puts CNN, MS NOW and Politico back in the White House for now — but it is temporary relief, not a final verdict. What to watch: the preliminary-injunction decision ahead, and whether the First Amendment viewpoint-discrimination claim gets its day in court.
FAQ
What exactly did the judge order?
A 14-day temporary restraining order requiring the White House to "immediately return, reinstate, and restore" the hard-pass credentials of CNN, MS NOW and Politico reporters, revoked around September 18.
Why did the judge side with the outlets?
Judge Kelly found they were likely to succeed on their Fifth Amendment due-process claim — they received no notice or opportunity to challenge the revocations before they happened.
Why did Trump ban the three outlets?
Trump announced the ban September 18 on Truth Social, accusing them of "fake news" and "fiction and lies." The administration later argued national-security concerns; the judge found little evidence for that claim.
Does this settle the case?
No. It is temporary relief while the lawsuit proceeds. The court will consider a longer preliminary injunction, and the First Amendment viewpoint-discrimination claim was not decided.
Did the outlets get back in right away?
Not immediately — some journalists were still denied entry Thursday morning. All three outlets were back inside by about 12:29 p.m. ET, after the White House said restoration took just under three hours.
Sources
- NPR (Juliana Kim), "Journalists for CNN, MS NOW and Politico return to the White House upon judge's orders" — full report on the ruling, hearing details, Kelly's skepticism of the national-security claim.
- The National News Desk / Sinclair (Alexx Altman-Devilbiss) — court order details, amicus brief, pool solidarity.
- The Daily Guardian, "The Story Behind Trump's White House Ban On CNN, MS NOW & Politico" — embedded video.
- Original AI-generated illustration for Red Eye Eagle News (hero image)
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