Trump-Appointed Judge Orders White House to Restore Access for CNN, MS NOW and Politico — but It's a 14-Day Win
US District Judge Timothy Kelly, a Trump appointee, issued a 14-day temporary restraining order obliging the White House to restore press access and hard passes for CNN, MS NOW and Politico. The judge found the national security justification unsupported, but the order is interim and compliance began unevenly.
1 / 4On Friday, September 18, Donald Trump published a post on Truth Social. CNN, MS NOW and Politico were branded "Fake News," and their access to the presidential complex was cut off effective immediately. National security was not mentioned anywhere in that post.
Six days later, in court, the justification sounded different. Justice Department lawyers argued the outlets endangered national security — claiming their reporting on a bunker construction project, a new ballroom and a leak investigation posed risks.
That discrepancy is not a footnote. It is the central detail of the entire story.
What the court decided
Overnight into Thursday, September 24, US District Judge Timothy Kelly issued a temporary restraining order lasting 14 days. The White House must immediately restore access and the so-called hard passes — permanent press credentials for the complex.
According to the judge, the plaintiffs are "likely to succeed" in showing the passes were revoked without constitutionally adequate due process. In plain terms: the government cannot strip a journalist's White House access with a social media post and no meaningful procedure.
Kelly was harsher on the national security argument. In his assessment, the record contains no factual support for the claim that revoking the passes protects national security.
And one more detail cuts against the administration: most of the "problematic" articles cited by officials were written by journalists who did not hold hard passes at all. Declarations from Defense Department officials were filed, in the judge's view, without direct knowledge of how reporters work inside the White House.
Who is Judge Kelly — and why that matters
Timothy Kelly is a Trump appointee: the president nominated him to the federal bench in 2017. It was this judge who halted this same president's decision.
He has been here before. In 2019, Kelly ordered the White House to restore CNN's credentials after the network's reporter Jim Acosta was banned. The administration complied then.
The scale this time is different: not one journalist, but 78 reporters across three outlets whose passes were revoked, according to figures cited by the plaintiffs at the hearing.
How it played out in court
The hearing took place Wednesday, September 23, and lasted about 45 minutes. Kelly did not rule from the bench, promising an answer "as soon as possible." The order came overnight into Thursday.
The plaintiffs' attorney, Theodore Boutrous, called the national security rationale a "post hoc" justification — invented after the fact. Justice Department lawyer Michael Velchik answered with a formula that says a great deal about the administration's position: White House access is a "privilege, not a right," and the president may "exclude anyone he wants."
The judge disagreed — at least at this stage.
But this is not the finale
Here is what matters: Kelly's order is an interim measure, in place for 14 days while the court considers longer-term relief. It is not a verdict on the merits, and it does not bar the administration from restricting access in principle.
Even compliance got off to a shaky start. On Thursday morning, with the order already in effect, journalists from CNN, MS NOW and Politico reported that some of them were still being turned away at the entrance. A direct court order was being enforced inconsistently.
Whether the administration will appeal is unknown. The president's lawyers may take further legal steps, but no specifics have emerged.
Context: this was not an isolated move
The story moved fast. On Monday, September 21, the three outlets filed a joint lawsuit. The same day, major TV networks — including Fox News — pulled out of the White House television pool rotation in protest. That is a rare sight: rivals who spend years battling each other stood together.
Forty-nine media organizations — among them CBS News, The New York Times and Fox News itself — filed a joint amicus brief backing the suit.
The White House's answer? On Monday evening it launched a 24-hour stream called "Trump TV." Instead of independent reporters — the president's own channel.
And on September 22, outside the UN headquarters, Trump told CNN's Kaitlan Collins: "You shouldn't be here."
What it means
On paper, the system of checks worked: a court — one staffed by the president's own appointee — temporarily stopped the president.
But the broader picture is more troubling. The ban lasted six days, and in that time the administration managed to build an alternative in "Trump TV," test-drive the national security argument in court, and demonstrate that even a court order was being followed half-heartedly.
The real question now is not whether 78 journalists get back onto the complex. It is what the administration does next time — and whether it finds a mechanism the courts cannot block within two weeks.
In 14 days, it will become clear whether this was a line that cannot be crossed — or merely a delay.
Primary sources
Documents and statements this story is based on.

