U.S. District Judge Timothy Kelly extended a temporary block on President Donald Trump's ban of CNN, MSNBC (MS NOW), and Politico from White House grounds during a federal court hearing Thursday, October 9, 2026. The extension allows the three news organizations to retain their press credentials while Kelly considers whether to impose longer-term legal protections against the ban.
Kelly said he expects to rule on the outlets' request for a preliminary injunction by Tuesday, October 13. "Expect a ruling, possibly earlier, but at a minimum by Tuesday," Kelly stated at the conclusion of Thursday's hearing. The temporary restraining order had been set to expire Thursday, potentially leaving the organizations vulnerable to renewed restrictions.
Trump announced the ban on September 18 via Truth Social, stating the outlets had engaged in biased and negative reporting of his administration. The ban prompted the three news organizations to file a lawsuit challenging the exclusion. Kelly initially blocked the ban on September 24, finding that the outlets were likely to succeed on their claim that the administration violated their Fifth Amendment right to due process. In that order, Kelly also expressed skepticism that the restrictions were motivated by legitimate national security concerns, noting that the administration had provided little evidence supporting that justification.
During Thursday's hearing, government attorneys defended the ban on national security grounds and argued that the outlets had been offered an opportunity to challenge their exclusion. The White House has accused the organizations of spreading false information and publishing sensitive material regarding topics including the Iran war and White House security. Attorneys for the news organizations countered that the process was a sham and that Trump had already decided to punish them for unfavorable coverage. Kelly did not rule on the preliminary injunction, leaving the broader First Amendment dispute unresolved at Thursday's hearing.
Complications have persisted even after Kelly's initial temporary restraining order. Correspondents from CNN, MSNBC, and Politico were initially turned away at the door and had their press badges revoked despite the judge's order restoring their access. Additionally, the White House has barred CNN and Politico from Air Force One on separate occasions, creating a separate dispute over access to presidential travel and press pools. Earlier this week, Politico was excluded from an Air Force One trip despite the restoration of its White House credentials. Other news organizations declined to take Politico's place in the press pool, underscoring broader tensions surrounding the administration's restrictions on press access.
The Department of Justice has argued during court proceedings that it is "within the discretion of the president" to remove reporters or news outlets from the White House. However, Kelly's initial order suggested concern about procedural fairness, with reporting indicating he was most bothered by the lack of due process preceding the ban while also weighing First Amendment concerns.
