TRO Issued Ordering Reinstatement of CNN, MS NOW, and Politico White House Access

Read the original at Reason ↗
Reason · collected 2026-09-24 · by Eugene Volokh

Quick Summary

Judge Timothy Kelly issued a temporary restraining order (TRO) on September 18, 2026, requiring President Trump and several White House officials to reinstate press credentials for CNN, MS NOW, and POLITICO. The news organizations had their hard passes deactivated following an announcement by the president that they were banned from the White House. Judge Kelly's decision was based on precedent set by the D.C. Circuit Court, which established that reporters have a constitutional right to due process before losing access to the White House.
Written locally by qwen2.5:14b on 2026-09-24, using this article's own text rather than the other coverage of the same event (that is the story summary below).

AI analysis runs on qwen2.5:14b, locally

Story summary

On September 25, US TV networks resumed coverage of President Donald Trump’s events at the White House after a judge ordered the administration to lift its ban on CNN, MS NOW, and Politico. The ban was imposed last week due to what Trump described as unfavorable press coverage. Despite the reinstatement, tensions remain high; the networks ceased filming White House events in solidarity with banned outlets earlier in the week, resulting in no pool footage during Chinese President Xi Jinping's visit on September 24-25. The court battle continues, and CNN was barred from traveling with Trump to Tennessee for a weekend trip, though reasons were not officially provided by the administration.

Written for “White House Press Access Controversy” on 2026-10-05, grounded in this article and the 182 other(s) covering the same event.

Signals How these are calculated →

Claims extracted
45
claim-shaped sentences
Uncertain
22%
10 of 45 hedged
Leaning
Leans left
of the writing, not the subject · beta estimate
Correction & hedging signals
65.8
corrections and hedging in what we collected; not a measure of accuracy
Outlets on this story
183
Politics
Narrative spread
1
articles carrying this framing
Analyzed 2026-09-24 · how these are computed

Story

📰 White House Press Access Controversy
Politics · 183 article(s) covering the same event. See how they differ ↓

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Compared with similar articles

This article reads leans left and hedges 22% of its claims. Each row says how that neighbour differs.
NBC News · 0.87 cosine similarity
⚖️ Leans left 🔴 9% hedged 3 of 33 📰 publisher trust 95
“Both articles describe a federal judge issuing a temporary restraining order to restore White House access for CNN, MS NOW, and Politico on September 24, 2026.”
NBC News · 0.86 cosine similarity
⚖️ leaning not scored 🔴 9% hedged 3 of 35 📰 publisher trust 95
“Both articles describe the court case resulting from President Trump's ban on CNN, Politico, and MS NOW from accessing the White House.”
NBC News
⚖️ leaning not scored 🔴 0% hedged 0 of 17 📰 publisher trust 95
“Both articles describe the same specific incident of President Trump banning CNN, Politico, and MS NOW from White House coverage and the subsequent legal action taken by those news outlets.”
The Guardian
⚖️ leaning not scored 🔴 0% hedged 0 of 6 📰 publisher trust 60
“Both articles describe the identical incident involving President Trump banning CNN, MS NOW, and Politico from the White House, with subsequent legal actions taken by the news organizations.”
Dawn
⚖️ leaning not scored 🔴 12% hedged 2 of 17 📰 publisher trust 77
“Both articles describe the legal actions taken by CNN, MS NOW, and Politico in response to President Trump's announcement banning them from the White House.”
The Straits Times
⚖️ leaning not scored 🔴 12% hedged 2 of 16 📰 publisher trust 59
“Both articles describe the specific court hearing on September 23, 2026, where news outlets asked a judge to restore their access to the White House after being banned by President Trump.”
Washington Examiner
⚖️ Leans right further right than this 🔴 18% hedged 8 of 45 📰 publisher trust 72
“Both articles describe Judge Timothy Kelly's legal action regarding President Trump's ban on CNN, MS NOW, and Politico from the White House.”
South China Morning Post
⚖️ Leans right further right than this 🔴 0% hedged 0 of 2 📰 publisher trust 67
“Both articles report on a federal judge's order issued on September 24, 2026, to restore White House access for journalists from CNN, MS NOW, and Politico after President Trump banned them.”
ABC News (US)
⚖️ leaning not scored 🔴 14% hedged 1 of 7 📰 publisher trust 59
“Both articles describe a single court order issued by Judge Timothy Kelly on September 24, 2026, requiring the White House to restore press credentials for CNN, MS NOW, and Politico.”
Fox News
⚖️ Leans left 🔴 0% hedged 0 of 5 📰 publisher trust 69
“Both articles describe Judge Timothy Kelly issuing a temporary restraining order on September 24, 2026, to restore White House access for CNN, MS NOW, and Politico after President Trump's announcement banning them from the White House.”

Publisher

Reason · 529 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)
2026-10-02
Would a Firing Squad Have Been More 'Humane' for Christa Pike?
2026-09-26
"I Will Not Stand for Being Jerked Around … by Any Lawyer Who Practices Before Me"
2026-09-18
New Article: Landor v. Louisiana Department of Corrections: Bringing Clarity To The Necessary and Proper Clause
2026-09-05
Lawyers' Responsibility for Hallucinations in Briefs That They Sign

Who wrote this

Eugene Volokh
117 article(s) here · 1 carrying a prediction
🔮 Since 2020, the Department has also collected the names of individual foreign donors while stating that it would not publish them.
🔮 When officers told him he would need to move, Geri refused and threatened to throw one of his explosive devices into the street to demonstrate its destructive power.
🔮 Here's an excerpt from the discussion of why Matar was acting sufficiently under the direction of a foreign terrorist organization (which is required under the relevant federal statute) rather than just independently—if he had been acting independently, that would have still been attempted murder punishable under state law, but likely not a violation of these statutes:
🔮 Because in the late 1800s, "race" was understood to include what today might refer to "ethnicity" (e.g., German, Arab, Jewish), the Court concluded that § 1981 extends to such discrimination based on ethnicity.
🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From yesterday's Blackman v. Substack, Inc., by California Court of Appeal Justices Tracie Brown and Danny Chou and Marin County Judge Andrew Sweet: "'[I]f a newspaper lawfully obtains truthful information about a matter of public significance then state officials may not constitutionally punish publication of the information, absent a need to further a state interest of the highest order.'"
🔮 On June 7th of 2020, while Stephanie Rapkin was sleeping in her bed, members of the Shorewood and Whitefish Bay police departments were outside her home, trying to think of an excuse to enter, so they could arrest her on allegations that she pushed a protestor picketing outside of her home.
🔮 I mean, I could list off all kinds of examples, but we're not here for an art history lesson.
🔮 On August 21, 2024—the same day that StopAntisemitism shared its feature on plaintiff—Valley Catholic informed plaintiff that it would not be renewing her contract for the 2024-2025 school year….
🔮 The White House therefore retains discretion to determine, including on the basis of viewpoint, which journalists will be admitted.
🔮 Ms. Freeman will answer EVERY question that is put to her—whether or not the question was asked previously.
Also by Eugene Volokh
Open Thread
2026-10-04 · Reason
Open Thread
2026-10-03 · Reason
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 117 articles by Eugene Volokh →

Topics

Court D.C. Cir. White House the D.C. Circuit the White House

Subjects

Karem PERSON · 3× Trump PERSON · 3× White House ORG · 3× Court ORG · 2× D.C. Cir. ORG · 2× the D.C. Circuit ORG · 2× the White House ORG · 2× CNN, Inc. ORG · 1× Timothy Kelly PERSON · 1× Volokh PERSON · 1×

Narrative

And even the justifications provided to Plaintiffs after this case was filed are ambiguous about the true purpose of the revocations: while Defendants' letters to Plaintiffs mention national security concerns, they purport to identify reporting that "threatened national security and/or spread falsehoods," leaving open the possibility that all the stories fall into the later bucket, rather than the former…. [T]he record [also] lacks factual support for Defendants' contention that the revocation of Plaintiffs' hard passes will in fact protect national security or that national security will be endangered if the Court orders their passes reinstated while this litigation proceeds.
framing: mixed · carried by 1 article(s) · first seen 2026-09-24
🔮 For the reasons explained below, the Court will grant the Motion….

Claims (45 extracted, 10 hedged)

On the afternoon of September 18, 2026, President Trump announced in a social media post that, "effective immediately," he was "banning" the news organizations CNN, MS NOW, and POLITICO "from the White House." asserted
he → announce → House
And those news organizations allege that over the weekend their reporters were denied access to the White House and had their "hard pass" press credentials deactivated. asserted
credentials → allege → House
Plaintiffs—the three news organizations and three individual reporters—sue the President and several White House officials and move for a temporary restraining order, asking the Court to order the immediate reinstatement of their hard passes pending further proceedings. asserted
Plaintiffs → sue → proceedings
The Court's resolution of their Motion is dictated by the application of well-known D.C. Circuit precedent that this Court must faithfully apply. asserted
Court → dictate → that
For the reasons explained below, the Court will grant the Motion…. asserted
Court → explain → Motion
Plaintiffs have shown a likelihood of success, at least on their Fifth Amendment procedural due process claim. uncertain
Plaintiffs → show → claim
The merits of this claim are assessed in two steps: "the first asks whether there exists a liberty or property interest which has been interfered with by the State; the second examines whether the procedures attendant upon that deprivation were constitutionally sufficient." uncertain
procedures → assess → deprivation
Plaintiffs have shown they are likely to succeed at both steps. asserted
they → show → steps
As for the first, the D.C. Circuit held in Sherrill v. Knight (D.C. Cir. 1977) that "the interest of a bona fide Washington correspondent in obtaining a White House press pass … undoubtedly qualifies as [a] liberty [interest] which may not be denied with-out due process of law under the fifth amendment." uncertain
which → hold → amendment
And if there were any doubt about what Sherill meant, the D.C. Circuit more recently reaffirmed this conclusion in Karem v. Trump (D.C. Cir. 2020), holding that "a duly issued hard pass may not be suspended without due process." uncertain
pass → be → process
Plaintiffs are also likely to succeed in showing that their hard passes were revoked without constitutionally adequate due process. asserted
passes → succeed → process
The "general rule" is that "individuals must receive notice and an opportunity to be heard before the Government deprives them" of a constitutionally protected interest. asserted
Government → receive → interest
Indeed, the Supreme Court has "described the root requirement of the Due Process Clause as being that an individual be given an opportunity for a hearing before he is deprived of any significant property interest." asserted
he → describe → interest
Karem also holds that, because of the substantial interests at stake, before the Government can revoke the White House-issued hard pass of a reporter it must promulgate rules or standards governing the conduct that would lead to such revocation. asserted
that → hold → revocation
And the reporter must "receive fair notice not only of the conduct that would subject him to punishment, but also of the magnitude of the sanction that the White House might impose." uncertain
House → receive → that
Defendants do not dispute that Plaintiffs did not receive notice and an opportunity to be heard before their hard passes were revoked. asserted
passes → dispute → notice
And, as in Karem, the record is bereft of any relevant "formally articulated standards" in place before any of the conduct for which Defendants revoked their hard passes. asserted
Defendants → articulate → passes
One standard Defendants appear to offer—reflected in letters they sent to Plaintiffs on September 22, 2026, identifying their objectionable reporting—is so vague it hardly does the trick. asserted
it → appear → trick
See, e.g., ECF No. 16-1 ("[Y]our organization has exhibited behavior in violation of the standards of professionalism and decorum expected of those given access to the White House Complex."). asserted
organization → see → Complex
Moreover, Defendants renewed Plaintiff Betsy Klein's hard pass several months after she published some of the identified reporting, undercutting any argument that she or her employer, for example, had the requisite notice that the conduct at issue violated a relevant standard. asserted
conduct → renew → standard
Finally, nothing put Plaintiffs on notice of the magnitude of the sanction Defendants imposed. asserted
Defendants → put → sanction
None of Defendants' arguments convince the Court that Plaintiffs are not likely to succeed on their due process claim. uncertain
Plaintiffs → convince → claim
Defendants say that Sherrill and Karem were wrongly decided. asserted
Sherrill → say → ?
Maybe—but this Court is bound by D.C. Circuit precedent, full stop. asserted
Court → bind → precedent
Defendants also point to the letters referenced above, which they assert afford Plaintiffs post-deprivation notice of the revocations and an opportunity to be heard. asserted
they → point → revocations
And Defendants cite cases that suggest that such a post-deprivation process suffices in "extraordinary circumstances." asserted
process → cite → circumstances
These are such circumstances, Defendants argue, because Plaintiffs have endangered national security through their reporting. asserted
Plaintiffs → argue → reporting
But the circumstances here are not so "extraordinary" as to permit deviation from the "essential principle of due process" that a deprivation of liberty "be preceded by notice and opportunity for hearing." asserted
deprivation → permit → hearing
Zevallos holds that post-deprivation due process may suffice in unusual situations, such as when "providing notice before blocking the assets of international narcotics traffickers would create a substantial risk of asset flight." uncertain
providing → hold → flight
But nothing in the record suggests the need for such urgency here. uncertain
nothing → suggest → urgency
Indeed, some of the reporting identified by Defendants in the letters to Plaintiffs stretches back months or years. asserted
some → identify → Plaintiffs
The sorts of stories Defendants identify in the letters to Plaintiffs are routine. asserted
Defendants → identify → Plaintiffs
And as discussed further below, the Court is skeptical—at least on this record—that Defendants' interest in safeguarding national security is the actual motivation for, or is even advanced by, the revocation of Plaintiffs' hard passes. asserted
interest → discuss → passes
Finally, even if the circum-stances here allowed for post-deprivation process, Defendants are still left with the problem that, before the reporting at issue, Plaintiffs still did not "receive fair notice" of either the "conduct" that would lead to a sanction or of "the magnitude of the sanction that the White House might impose." uncertain
House → allow → that
{At the hearing on the Motion, Defendants argued that an adequate standard relating to the revocation of Plaintiffs' hard passes had been promulgated because the public is generally on notice that disclosure of classified information is unlawful. asserted
disclosure → argue → information
The Court is doubtful that the laws governing the retention, sharing, or mishandling of classified information provided Plaintiffs the sort of notice that satisfies Karem for several reasons, but especially given the lack of precedent for applying those laws to reporters. asserted
that → govern → reporters
Moreover, just as the record lacks factual support for Defendants' contention that the revocation of Plaintiffs' hard passes will in fact protect national security (as discussed below), the record also lacks factual support for Defendants' contention that Plaintiffs violated these statutes, at least at this stage.} asserted
Plaintiffs → lack → stage
[And] nothing in the record that predates this suit suggests that the revocation of Plaintiffs' hard passes was motivated by national security concerns. uncertain
revocation → predate → concerns
Certainly, that is not what President Trump said when he announced that he was "banning" Plaintiffs from the White House—instead, he focused on the alleged lack of truthfulness and negativity of Plaintiffs' reporting. asserted
he → say → reporting
And even the justifications provided to Plaintiffs after this case was filed are ambiguous about the true purpose of the revocations: while Defendants' letters to Plaintiffs mention national security concerns, they purport to identify reporting that "threatened national security and/or spread falsehoods," leaving open the possibility that all the stories fall into the later bucket, rather than the former…. [T]he record [also] lacks factual support for Defendants' contention that the revocation of Plaintiffs' hard passes will in fact protect national security or that national security will be endangered if the Court orders their passes reinstated while this litigation proceeds. asserted
litigation → provide → security
…and 5 more, not listed.
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