A federal judge on Wednesday declined to immediately rule on whether the White House can strip media outlets of their credentials, even as he voiced skepticism about the administration’s actions. U.S. District Judge Timothy Kelly said he would issue a decision “as soon as I can,” but his refusal to act on the spot means President Trump’s ban remains in force for now, leaving 78 journalists from Politico, CNN, and MS NOW without access to the White House complex.
The emergency hearing came after all three outlets sought a temporary restraining order, arguing that the revocation violates the First Amendment. According to POLITICO, Kelly—a Trump appointee—told the courtroom that the legal precedent requiring journalists to receive advance notice of any new rules “wasn’t followed here.”
A Question of Notice and Due Process
At the heart of the dispute is whether the White House can abruptly yank press credentials without warning. Theodore Boutrous Jr., an attorney representing the news organizations, pressed Judge Kelly to rule quickly so that the outlets could cover an upcoming visit by Chinese President Xi Jinping. He accused the administration of using national security as a cover.
“They’re using national security as a talisman, a magic word,” Boutrous said. “This is just pretextual, post-hoc effort to justify just a blatant violation of due process.”
The Justice Department pushed back, arguing that the president has broad authority over who may enter restricted areas of the White House. In court, DOJ attorney Michael Velchik said that granting the outlets relief during Xi’s visit would pose a national security threat, urging the judge to hold off until the weekend. “I think there would be serious separation of powers concerns as well as national security concerns [if the court acts] during that period,” Velchik said.
The government’s legal position was laid out more bluntly in its filings: “Access to the White House is a privilege — not a right,” the DOJ stated, asserting that the president can “control reporters’ access to restricted presidential areas, such as the Oval Office.”
White House Cites ‘Verifiable Falsehoods’
The White House Press Office has also escalated its rhetorical attack on CNN. In a letter to the network, the office accused CNN of “trafficking in verifiable falsehoods about national security and other issues, and publishing sensitive or classified information.” That letter, combined with the credential revocations, suggests a broader effort to limit access for outlets the administration views as adversarial.
Wednesday’s hearing was the first courtroom test of that effort. Judge Kelly’s decision not to issue an immediate ruling means the status quo—no credentials for the three outlets—will persist while the legal battle continues. Whether that changes before Xi’s visit remains uncertain. For the 78 journalists affected, the practical effect is clear: they cannot enter the White House to report on the president’s activities, including high-stakes diplomacy with a major foreign power.
The case is being closely watched as a potential landmark on press freedom and executive power. The judge’s comments suggest he may ultimately side with the news organizations on the procedural issue of advance notice, but his timing could prove critical. If he waits until after Xi’s visit, the outlets will have already missed one of the most significant diplomatic events of the year.
In the meantime, the administration appears content to let the ban stand. The DOJ’s argument that the president can control access to restricted areas—and its characterization of credentials as a privilege—signals that it sees no legal obligation to accommodate journalists it deems unfair or inaccurate. For the outlets, the fight is about more than access to a building; it is about whether the White House can punish them by cutting off their ability to cover the president firsthand.
Judge Kelly gave no timeline for his ruling beyond his pledge to act “as soon as I can.” That leaves the press corps, the White House, and the courts in a holding pattern—one that could be broken at any moment, potentially before Xi arrives, or potentially long after.
Source: www.breitbart.com — https://www.breitbart.com/politics/2026/09/23/judge-will-not-yet-rule-on-white-house-stripping-media-outlets-of-credentials-as-soon-as-i-can/