CNN, MS NOW and Politico retain White House access for now: Judge will decide by October 13 at the latest

A federal judge on Thursday extended the suspension of President Donald Trump on CNN, MS NOW (formerly MSNBC) and Politico through next week, allowing them to retain their access to the White House. In practice, the three media outlets retain their access to the White House while Judge Timothy Kelly, of the U.S. District Court for the District of Columbia, decides whether to maintain it throughout the trial.

The extension signed by Kelly does not resolve the merits of the case. The judge had issued a temporary order in September that was set to expire this Thursday and extended it without ruling on the media outlets' request for a preliminary injunction, which would preserve their access until the end of the litigation. At the hearing, he said he would rule no later than Tuesday, October 13. If he grants it, Trump could appeal, but if he denies it, the ban could be reinstated.

On September 18, the president announced on Truth Social that he would ban the three media outlets "effective immediately" for their "constant dissemination" of fake news, and warned that others might be added to the list. CNN and Politico responded that they would continue to cover the administration and defend their First Amendment rights.

The companies filed a complaint on September 21, and Judge Kelly, a Trump appointee, issued a temporary restraining order on the 24th.

The government and the media outlets presented their arguments this Thursday at a hearing in federal court in Washington, D.C., convened to decide whether Trump's ban should remain suspended until the end of the trial. The attorney for the Department of Justice (DOJ), Michael Velchik, who represents the government, argued that removing journalists from the White House is "within the president's discretion." He also noted that the White House justified the ban on both national security grounds and due to the dissemination of "verifiable falsehoods."

For their part, the attorneys for CNN, MS NOW and Politico, led by Ted Boutrous, responded that the government did not back up its national security allegations with evidence. They also argued that barring a media outlet based on its reporting would constitute retaliation in violation of the First Amendment. According to CNN, Judge Kelly pressed on that point and asked whether the government could take action against a journalist who discloses information highly detrimental to national security.