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AMERICAS UNITED STATES POLITICS POLICY

Federal Court Halts White House Media Ban on Due Process Grounds

REL_TIME: 27 Sep 2026 00:12Z · LANG: EN

// Disseminate
Federal Court Halts White House Media Ban on Due Process Grounds
Bill de Blasio · CC BY-SA 2.0 · source

U.S. District Judge Timothy Kelly issued a temporary restraining order directing the White House to immediately reinstate press credentials for CNN, MS NOW, and Politico after President Donald Trump revoked their access over unfavorable coverage. Although the White House later argued national security grounds, the court determined the administration failed to provide constitutionally required due process before taking away press passes. Despite morning entry delays and credential seizures by the Secret Service on Thursday, the administration processed and restored the credentials by midday amid an ongoing media pool boycott during high-profile diplomatic events involving Chinese President Xi Jinping.

// Background

The dispute follows legal precedents such as the 1977 D.C. Circuit decision in Sherrill v. Knight, which established that the executive branch cannot revoke press passes without clear standards, formal notice, and a mechanism to rebut accusations. A similar confrontation occurred in 2018 during Trump's first term when the same judge ordered the temporary restoration of CNN reporter Jim Acosta's press credentials on due process grounds, leading the administration to reinstate access.

// Key Developments

  • Judge Timothy Kelly granted a 14-day temporary restraining order requiring the immediate restoration of press passes for CNN, MS NOW, and Politico.
  • The legal ruling hinged on Fifth Amendment due process protections rather than First Amendment claims, citing a lack of notice and standard revocation procedures.
  • The court rejected the administration's retroactive national security justification as lacking factual substantiation and contradicting Trump's initial public remarks.
  • The television press pool maintained a protest blackout of Trump's events during a state visit by Chinese leader Xi Jinping.
  • White House operations confirmed midday compliance with the court order following an initial morning delay where reporters were turned away at security checkpoints.

// Timeline

  1. President Trump announces a ban on CNN, MS NOW, and Politico from the White House, accusing them of reporting falsehoods.

  2. Secret Service agents begin enforcing the ban by confiscating and disabling press passes at White House entry gates.

  3. The three excluded outlets file a joint federal lawsuit against the Trump administration; television network pool members suspend coverage of Trump events in protest.

  4. The Justice Department issues formal letters to the outlets outlining reporting incidents cited as national security risks.

  5. Judge Kelly holds an emergency hearing, subsequently granting a 14-day temporary restraining order late that night requiring immediate reinstatement of access.

  6. Reporters are initially denied access at security gates, prompting the plaintiffs to notify the court of potential administration non-compliance.

  7. The White House files a declaration confirming the reactivation of press passes, and reporters from the three organizations re-enter the grounds.

// Perspectives

[Donald Trump and Administration Officials]

Maintain that White House entry is a presidential privilege and assert authority to restrict organizations publishing perceived false narratives or sensitive operational reporting.

[Banned Outlets (CNN, MS NOW, Politico)]

Argue that targeting news organizations based on critical reporting constitutes unconstitutional viewpoint discrimination and an arbitrary deprivation of credentials without due process.

[U.S. District Court (Judge Timothy Kelly)]

Rules that established D.C. Circuit precedent mandates advance notice and an opportunity to respond before revoking press credentials under the Fifth Amendment.

[Television Network Press Pool and Press Freedom Groups]

Oppose executive control over press pool composition by boycotting live pool broadcasting in solidarity with excluded journalists.

// Quotes

“Access to the White House is a privilege, not a right.”

[Michael Velchik] — Department of Justice attorney defending the administration's discretion over White House grounds entry during the emergency hearing.

“This is a strong ruling vindicating freedom of the press, due process and the rule of law.”

[Theodore Boutrous Jr.] — Lead counsel representing CNN, MS NOW, and Politico following the issuance of the temporary restraining order.

“Nothing in the record that predates this suit suggests that the revocation of Plaintiffs' hard passes was motivated by national security concerns.”

[Judge Timothy Kelly] — District court ruling explaining skepticism regarding the administration's rationale for banning the news organizations.

“Media Outlets shouldn't be able to constantly write or report FICTION and LIES when they're covering the President.”

[Donald Trump] — Social media post announcing the exclusion of the three media outlets from White House grounds.

// Related Briefs