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DOJ Seeks to Reinstate Trump’s White House Ban on CNN, MS NOW, and Politico

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WASHINGTON, United States — The Justice Department has asked a federal judge to allow President Donald Trump to again bar CNN, MS NOW, and Politico from the White House.

The request, filed late Friday, October 2, 2026, came as the administration seeks to overturn the practical effect of a temporary court order that restored the three organisations’ press credentials after Trump excluded them last month.

The Justice Department argued that the president may restrict access over national-security concerns and standards he expects journalists covering his administration to meet.

A hearing on whether that protection should remain in place while the lawsuit proceeds is scheduled for Thursday.

The administration told U.S. District Judge Timothy Kelly that Trump had concluded that reporting by the three organisations could damage national security, including stories containing information that might be classified or sensitive.

The government argued that removing their White House access would limit one way the outlets could obtain information it regarded as potentially harmful if published.

It also maintained that it was not required to prove that the organisations had actually disclosed classified material before taking action against their credentials.

CNN
The CNN booth at the White House after US President Donald J. Trump announced he would ban CNN, MS NOW, and Politico, from the White House in Washington, DC, on Friday, September 18, 2026. | Evan Vucci/Reuters

Administration Defends Authority Over Access

The Friday filing broadens an argument the White House has been making since Trump announced the ban in September.

The administration has cited reporting involving the war with Iran, construction of the East Wing ballroom, and the Republican midterm convention as examples of coverage it says raised concerns about sensitive information.

The Justice Department’s latest filing did not identify new evidence showing that the outlets had published classified information.

It also framed the dispute as one involving journalistic standards as well as national security.

According to the government, existing court precedents do not prevent a president from expecting White House journalists to demonstrate factual accuracy, seek comment from officials, and identify sources rather than routinely relying on anonymous ones.

The White House has separately argued that entry to its grounds is a privilege rather than an automatic entitlement arising from the First Amendment.

In a statement later introduced into the court record, the administration said news organisations remain free to publish but are not necessarily entitled to White House hard passes, briefing-room seats, or positions in the press pool.

The three outlets dispute that reasoning.

President Donald Trump speaks to members of the press on October 19, 2025 aboard Air Force One. |
President Donald Trump speaks to members of the press on October 19, 2025 aboard Air Force One. | Alex Wong/Getty Images

Outlets Say Ban Punishes Their Reporting

CNN, MS NOW, and Politico sued after their access was withdrawn, alleging that the administration had violated both the First Amendment and the Fifth Amendment.

Their lawyers say Trump singled them out because of reporting he disliked and that allowing a president to revoke access on that basis would amount to viewpoint discrimination.

Trump announced the action on September 18, accusing the organisations of publishing what he called “FICTION and LIES” and saying other news outlets could also face exclusion. Their journalists were prevented from entering the White House the following day.

The organisations filed suit on September 21.

In their latest request for a preliminary injunction, they contend that the administration would restore the full ban as soon as the current court order expires and argue that access should remain in place until the underlying case is resolved.

President Donald Trump watches as aide Natalie Harp displays a laptop showing a news report during a press conference with Elon Musk in the Oval Office of the White House in Washington, D.C., Friday, May 30, 2025.
President Donald Trump watches as aide Natalie Harp displays a laptop showing a news report during a press conference with Elon Musk in the Oval Office of the White House in Washington, D.C., Friday, May 30, 2025. | Francis Chung/Pool/Sipa USA

Judge Found Due-Process Problem

Kelly, a Trump appointee, temporarily restored the organisations’ access on September 24.

His 14-day order found that the news organisations were likely to succeed on their claim that the government had failed to provide constitutionally adequate due process before their credentials were revoked.

The judge relied on earlier federal appeals court decisions establishing that White House journalists with established access must generally receive notice of the reasons for losing it and an opportunity to respond.

Kelly also said the administration had provided little evidence at that stage to support its assertion that national security had motivated the original decision.

He noted that the record preceding the lawsuit did not show that security concerns were the reason the credentials were withdrawn.

The temporary ruling did not resolve the organisations’ broader First Amendment argument.

Kelly said it was unnecessary to decide that question to grant immediate relief on due-process grounds.

The order is scheduled to expire on October 8 unless it is extended or replaced by another ruling.

Signs of support for AP, CNN, MS NOW and Politico hang on the White House grounds on September 21, 2026 in Washington, DC.
Signs of support for AP, CNN, MS NOW and Politico hang on the White House grounds on September 21, 2026 in Washington, DC. | Finn Gomez/Getty Images

Access Disputes Continued After Court Order

Although the three organisations regained their White House credentials, disagreements over their participation in presidential coverage continued.

CNN was subsequently excluded from at least one scheduled television-pool assignment and was not permitted to travel aboard Air Force One during a presidential trip to Tennessee, despite being scheduled for that rotation, according to court filings and news reports.

The press pool is a smaller rotating group of reporters, photographers, and broadcast crews that accompanies the president or covers events where there is insufficient space for the entire White House press corps.

Its reporting and images are distributed to other news organisations.

Lawyers for CNN, MS NOW, and Politico have cited the continued restrictions in arguing that a broader preliminary injunction is necessary.

The administration maintains that the president retains substantial authority over access to the White House and that the exclusions are permissible even when the affected organisations continue to criticise him.

Thursday’s hearing will determine whether Kelly keeps the ban blocked while the case — Cable News Network, Inc. et al. v. Trump et al. — moves forward in the U.S. District Court for the District of Columbia.

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