The outlets argued that their credentials were suddenly revoked without advance notice or an opportunity to challenge the decision. During Wednesday’s hearing, Kelly questioned whether the administration had followed the required procedure.
“I think it is fair to say that process … wasn’t followed here, talking about predeprivation process,” Judge Kelly said, according to CNBC.
The judge ultimately concluded that the outlets were likely to succeed on their procedural due-process argument. His ruling said the government had not disputed that the journalists received neither notice nor an opportunity to be heard before their credentials were revoked.
The White House had argued that national security considerations justified the immediate action. Administration lawyers pointed to reporting by the three organizations that they said created security concerns.
Kelly was not persuaded by the record presented to him.
“Nothing in the record … suggests that the revocation of Plaintiffs’ hard passes was motivated by national security concerns,” Kelly wrote.
The judge also questioned whether the government had demonstrated that restoring the journalists’ access would actually create a national security danger.
That issue became especially important because Trump’s original announcement focused heavily on what he described as inaccurate and negative reporting from the three outlets. The national-security justification was subsequently emphasized by the administration during the litigation.
Trump had already signaled that he expected a legal fight before Kelly issued his ruling. The president also pointed out that the case had landed before a judge he himself appointed.
“…We’ll go for appeal because Fake News people and publications that only write negatively, and who violate our National Security by writing false and defamatory stories with unknown “sources” shouldn’t be allowed access to the most important Office…”
Trump made his position clear when he originally announced the ban on Truth Social, accusing the three organizations of repeatedly publishing what he characterized as “FAKE NEWS.”
I am proud to announce that, effective immediately, I am banning Fake News CNN, MSNOW (who recently changed their name from MSNBC due to lack of viewership and credibility!), and Politico (The recipients of an illegal and ridiculous $8 Million Dollar subscription, an All Time Record, directly from the United States Government, under Crooked Joe Biden, in order to keep them “alive.” Seems like corruption to me!), from the White House as a result of their constant “reporting” FAKE NEWS!
The Secret Service subsequently deactivated the affected credentials, and reporters from the three organizations were denied access to the White House grounds. The outlets then joined together in seeking emergency relief from the court.
Kelly’s ruling also addressed the administration’s argument that previous cases governing White House press credentials should not control the current dispute.
The government argued that earlier D.C. Circuit precedents had been wrongly decided. Kelly acknowledged the argument but said he was required to follow binding appellate precedent.
“Maybe,” Kelly wrote, “but this Court is bound by D.C. Circuit precedent, full stop.”
That precedent includes cases addressing procedural protections for journalists whose White House credentials are revoked. Kelly relied on those decisions in concluding that the sudden removal of the hard passes presented a significant due-process problem.
The administration’s legal position, meanwhile, remains that access to the White House is not an unrestricted entitlement. During the hearing, Justice Department attorney Michael Velchik argued that presidential access involves a privilege rather than an absolute right.
“Access to the White House is a privilege, not a right,” Velchik said.
That distinction is likely to remain central as the case proceeds.
The ruling does not represent a final decision on the entire lawsuit. Kelly’s order is temporary, lasting 14 days unless extended or replaced, while the court considers whether a preliminary injunction should follow. The White House was ordered to restore the affected credentials while that process unfolds.
There was also confusion Thursday morning over implementation of the order. Reporters from the affected organizations initially reported being turned away even after Kelly issued his overnight directive, prompting additional legal maneuvering. Access was later restored, allowing journalists from CNN, MS NOW and Politico to return to the White House grounds.
The dispute has also reignited arguments over how previous administrations handled White House press credentials.
Trump allies and administration officials have pointed to the Biden administration’s 2023 changes to hard-pass eligibility. Under those rules, the number of journalists holding permanent hard passes fell substantially, from roughly 1,417 to 975. However, fact-checking of the comparison has found that the reporters who lost hard-pass status were generally still eligible to seek day passes and were not categorically barred from White House coverage.
That distinction is important as both sides invoke the history of presidential press access.
For now, the immediate result is straightforward: CNN, MS NOW and Politico have regained access under a court order, but the larger fight over presidential control of White House media access is far from finished.
The Trump administration can continue defending its national-security and presidential-authority arguments as the litigation proceeds, while the news organizations will continue pressing their First and Fifth Amendment claims.
What began with a presidential announcement on September 18 has now become a significant federal court battle over press credentials, executive authority, due process and the limits of government control over access to the White House.
