Federal Judge Timothy Kelly deferred a decision regarding a temporary restraining order sought by CNN, Politico, and MS NOW following arguments held in Washington on Wednesday, September 23, 2026. The three news organizations asked the court to reinstate press credentials for 78 reporters who were recently barred from the executive branch headquarters.
President Donald Trump ordered the exclusion of the outlets last week, alleging they disseminated misinformation. Staff members from CNN, Politico, and MS NOW had their passes confiscated and were denied entry to the building. The organizations filed a joint lawsuit alleging the ban violates First Amendment protections and is unconstitutional.
Court Arguments Focus on Press Privileges
Theodore Boutrous, representing the media plaintiffs, argued that the administration fabricated national security justifications to punish critical reporting. He pointed to several urgent global events requiring press coverage, including the conflict in Iran, the United Nations General Assembly in New York City, Chinese President Xi Jinping’s visit to the United States, and legislative debates over artificial intelligence regulation.
“They’re literally arguing that reporters shouldn’t scrutinise national security issues and decisions by the government,” Boutrous said during the hearing.
Michael Velchik, a lawyer for the U.S. Department of Justice, countered that access to the White House is a privilege rather than a constitutional right. The Justice Department submitted documents labeled “reporting incidents” to justify the exclusion. These filings cited coverage of White House construction projects, specifically a security bunker and a new ballroom, as well as an internal investigation into information leaks.
Media Industry Response
The legal challenge has drawn support from a broad coalition of journalism organizations. Forty-nine media outlets filed a brief in support of the lawsuit against the White House. Notable supporters include CBS News, The New York Times, and Fox News.
Beyond the litigation, major television networks withdrew from the presidential media-sharing arrangement known as the pool system. In response to the restricted access, the White House launched its own streaming channel, Trump TV, which operates a 24/7 feed of clips featuring the president.