Trump suffers humiliating setback as his own judge again sides with banned journalists

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Por Jan Wolfe and Jack Queen — – World RSS Feed

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Trump suffers humiliating setback as his own judge again sides with banned journalists

District Judge Timothy Kelly issued a detailed written decision expanding on his September 24 emergency order

Jan Wolfe in New York & Jack Queen Wednesday 14 October 2026 10:23 BST

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A federal judge has extended access to the White House to journalists from CNN, MS NOW, and Politico, ruling Tuesday that President Donald Trump likely broke the law when he tried to ban them, in the latest court ruling against him in the press-freedom dispute.

Trump-appointed District Judge Timothy Kelly issued a detailed written decision expanding on his September 24 emergency order that initially restored credentials for the reporters.

News organizations and press freedom groups have accused Trump of carrying out unconstitutional retaliation against journalists over news coverage he does not like.

District Judge Timothy Kelly issued a detailed written decision expanding on his September 24 emergency order open image in gallery
District Judge Timothy Kelly issued a detailed written decision expanding on his September 24 emergency order ( AP )

Under the preliminary injunction Kelly granted on Tuesday, journalists from CNN, MS NOW, and Politico will retain temporary access to the White House grounds. The ruling will remain in effect until the judge delivers a final judgment in the legal challenge brought by the media companies, unless an appeals court lifts the order.

Kelly wrote in his decision that Trump’s public remarks showed he banned the outlets because he viewed their reporting as inaccurate and biased, rather than because of national security concerns, as government lawyers later argued in court.

“Simply put, that is unlawful viewpoint discrimination,” the judge wrote, adding that “no one should read this decision as suggesting that President Trump’s complaints are meritless.”

Trump appointed Kelly to the federal bench in 2017 during his first presidential term.

While past presidents have clashed with members of the press, Trump's campaign against media organizations has been unprecedented open image in gallery
While past presidents have clashed with members of the press, Trump’s campaign against media organizations has been unprecedented ( Getty )

While past presidents have clashed with members of the press, Trump’s campaign against media organizations has been unprecedented.

Upending decades of established tradition, he has denied basic physical access to several major news outlets, launched personal attacks against individual journalists over their coverage, and elevated media outlets regarded as more favorable to the administration. He has additionally filed lawsuits against multiple news organizations.

Trump first announced the ban in September on his social media platform, stating that CNN, Politico, and MS NOW “shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President of the United States.”

The Justice Department has emphasized Trump’s argument that the restriction is legally justified on national security grounds.

The affected outlets said the revocation of their White House press passes amounted to unlawful retaliation for their reporting, accusing the Trump administration of manufacturing meritless national security arguments to support the ban.

In their lawsuit, the media organizations argued that the ban infringed First Amendment guarantees of free speech and a free press under the U.S. Constitution, as well as their constitutional right to due process, which guarantees fair treatment by government officials.

Trump is seen in the electronic viewfinder of a television camera as he speaks to reporters about healthcare in the Oval Office at the White House on September 18 open image in gallery
Trump is seen in the electronic viewfinder of a television camera as he speaks to reporters about healthcare in the Oval Office at the White House on September 18 ( Getty )

The White House restored access for the CNN, MS NOW, and Politico journalists on September 24 after Kelly concluded that the ban “likely violated their constitutional due process rights,” and ordered that their press credentials be restored immediately.

The judge held a hearing on October 8 to hear formal arguments from both the news outlets and the Justice Department concerning whether to extend safeguards preventing the journalists from being barred from White House facilities. Justice Department attorneys defended the bans as fair and justified.

“Here we have the unusual situation where the president himself has said he wants to chill speech. He wants to coerce better coverage,” Theodore Boutrous, a legal attorney representing the news organizations, told Kelly during the court hearing.

“CNN, MS NOW and Politico engaged in apparently indefensible conduct,” Justice Department lawyer Michael Velchik told the court.

The high-profile legal battle is playing out just weeks ahead of the U.S. midterm elections on November 3, in which Trump’s fellow Republicans are competing to retain control of Congress.

Job approval ratings for Trump sit at record lows in public opinion polls, driven by widespread concerns regarding economic issues such as inflation and the war in Iran.

More about

Donald TrumpCNNPoliticoDepartment Of JusticeWhite HouseFirst AmendmentUS ConstitutionIranJustice DepartmentCongress

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