Judge hears media-ban TRO; ruling promised ‘as soon as I can’
Updated 5:20 p.m. ET — U.S. District Judge Timothy Kelly closed a ~45-minute teleconference on CNN, MS NOW and Politico’s TRO bid without an immediate grant or deny. He said required pre-deprivation process “wasn’t followed” and will try to rule ASAP; outlets remain barred pending decision.
Updated 5:20 p.m. ET Sept. 23: Judge Timothy Kelly ended Wednesday’s emergency TRO hearing without restoring—or permanently rejecting—White House hard passes for CNN, MS NOW, and Politico, telling counsel he will “try and get you an answer as soon as I can” after roughly 45–46 minutes of argument.
Opening the teleconference, Kelly—who restored Jim Acosta’s pass in 2018—cited D.C. Circuit precedent requiring notice and an opportunity to be heard before hard-pass revocation. “I think it is fair to say that the process the court laid out … wasn’t followed here,” he said of pre-deprivation process. Outlets’ counsel Theodore Boutrous Jr. called the ban “clear retaliation” and viewpoint discrimination tied to Trump’s complaints about “negative” coverage; DOJ counsel Michael Velchik again framed access as a “privilege, not a right” and urged immediate national-security latitude. USA Today reported Kelly appeared open to a TRO while noting reinstatement would not necessarily bar more limited White House restrictions.
White House Press Office letters still give the outlets until 5:00 p.m. ET Friday, Sept. 25, to contest the “initial decision.” Major TV networks remain in a presidential-pool suspension; Trump has signaled he would “probably” comply with an adverse ruling while also promising appeal. CNBC, USA Today (updated 5:05 p.m. ET), and The Independent agree the hearing closed without a ruling, that Kelly flagged due-process shortfalls, and that a written decision is pending ASAP—leaving the ban in force for now. Coverage diverges on how strongly Kelly’s comments preview a TRO versus a narrower process remedy.
Where outlets agree Outlets agree Kelly closed the Wednesday TRO hearing without a grant or deny, flagged missing pre-deprivation process, and said he will rule as soon as he can.
Where they differ Analysts differ on whether Kelly’s due-process remarks foreshadow a full TRO restoring passes or a narrower process-focused remedy while national-security claims are litigated.