Judge Keeps CNN, MS Now and Politico in the White House Until Tuesday Ruling

U.S. District Judge Timothy J. Kelly said on October 8, 2026, he will extend a temporary restraining order requiring the White House to admit journalists from CNN, MS Now and Politico until at least Tuesday, when he expects to rule on a request for a preliminary injunction. The Guardian

The hearing in federal court addressed the White House ban on the three organizations. CNN, MS NOW and Politico sued President Donald Trump over the ban. The outlets asked Kelly to extend the temporary restraining order issued on September 24 requiring the White House to lift the ban for 14 days. Kelly said he would keep that order until Tuesday and would likely decide the motion for a preliminary injunction by then.

Theodore J. Boutrous represented CNN, MS Now and Politico at the hearing. Michael Velchik represented the White House. Kelly pressed the Justice Department on its justifications during the proceedings, according to contemporaneous reporting. CBS News

Boutrous told the judge that Trump made clear in a Time magazine interview that he barred the three news organizations because of their critical coverage. When asked by Time for the impetus for the ban, Trump cited bad stories and made no mention of national security concerns. Kelly has rejected White House claims that national security concerns motivated the ban.

In granting the temporary restraining order, Kelly found the White House violated constitutional due-process requirements — the duty to give clear rules and a chance to object first — by failing to give adequate notice of conduct standards and a chance to object in advance. Under the extended order, the White House must allow journalists from CNN, MS Now and Politico to continue accessing the building until at least Tuesday. Kelly was appointed during Trump's first presidential term. Deadline

Access remains partial. Despite the temporary block on barring journalists from White House grounds, journalists from the banned outlets are still being excluded in other ways. As of October 5, CNN, MS NOW and Politico were making an additional appeal to stop the president's ban.

The broader context here is procedure. Think of a temporary restraining order as a short pause lasting days, while a preliminary injunction sets the rules for the rest of the case. Kelly already found a due-process violation in the plaintiffs' favor at the short-term stage. The question now is whether he keeps that protection in place while the merits are litigated.

Looking at what this means for both sides, the dispute is narrowing to motive and process. The plaintiffs tie the ban directly to coverage, using Trump's own description of the impetus. The government has invoked national security, a justification Kelly has so far not accepted and probed again at the October 8 hearing. Tuesday's ruling will indicate how much weight the court gives to the stated rationale versus the procedural defect.

For newsroom planners and White House correspondents, the immediate effect is continuity. Credentials and building access continue under court order. The scope of that access, including briefings, pools and workspaces where exclusions have persisted, is the detail to watch in the written decision.