The Trump-appointed federal judge who is presiding over a lawsuit brought against the Trump White House as a result of the president's unceremonious ban on CNN, MS NOW, and POLITICO, rebuked the Trump White House just minutes into the hearing, making it clear to all involved that the reporters were denied the due process that the courts require.

According to live coverage of the hearing from CNN, one of the plaintiffs in the lawsuit, U.S. District Judge Timothy J. Kelly, made the admonishment as he opened the hearing, where he heard the media outlets' request for a temporary restraining order against the president's ban.

As CNN noted, courts have long held that the White House is prohibited from revoking a journalist's access without notice or an opportunity to appeal, a process Judge Kelly said "wasn't played out here."

I just say to both sides that's where I am. Before we get to any core First Amendment issues, there is a due process claim and a due process issue that seems to me the first stop in figuring out how to resolve the motion.

Kelly further pointed to two previous appeals court rulings regarding revoked press passes, the Sherrill and Karem cases, noting that he was bound by those rulings that stand in opposition to the president's position.

Judge Kelly kicks offs proceedings by noting that he's bound by the D.C. Circuit precedent as it exists, citing Sherrill and Karem.

Both go against Trump's position.

Up first: Ted Boutrous for the news outlets

— Adam Klasfeld (@KlasfeldReports) September 23, 2026

President Trump publicly announced the ban on the trio of media outlets on September 18, stating that he didn't like the outlets' "negative stories" about him. By the next day, the Secret Service had seized reporters' press passes. It wasn't until September 22 that the White House sent letters to the outlets, explaining its reasoning for the bans.

A copy of the letter sent to MS NOW has been filed in the court case and gives the outlet a deadline of 5 p.m. on Friday to contest the White House's ban.

Ted Boutrous, the attorney for the three outlets, told the judge that the letter outlined the White House's press standards "after the fact," leaving the outlets with no path to follow them. Boutrous also said he didn't even "think they were real" at first, since the letters had no letterhead or signatures, noting that MS NOW's copy was simply signed "White House Press Office."

"I don't know how a letter they got after the pass was revoked could provide them with the standards that they'd have to conform their conduct to. It's a piece of paper they got saying you've already violated that," Judge Kelly stated in the hearing.

Judge Kelly: "I don't know how a letter they got after the pass was revoked could provide them with the standards that they'd have to conform their conduct to. It's a piece of paper they got saying you've already violated that."

— Jeremy Barr (@jeremymbarr) September 23, 2026

"The President wears his heart on his sleeve… he says he's doing this because the coverage is too negative," Boutrous said in his argument. "Not only do we have an expressed statement that this is content discrimination and antipathy toward the reporters... It's coming from the president."

"It's just so over the top... It's clear retaliation."

He went on to point to the fact that the White House's letter to MS NOW suddenly cited national security concerns as justification for Trump's ban, accusing the outlet of "publishing sensitive or classified information," citing MS NOW's reporting on an FBI leak investigation as well as Trump's war with Iran.

Boutrous accused the administration of using "national security" as a "magic word" to disguise its "blatant violation" of due process.

When the Justice Department was allowed its turn, attorney Michael Velchik argued that reporters should already know the White House's standards, stating that reporters "can't have a get out of jail free card" just by pointing to the president's past criticism of their work.

Boutrous, in his rebuttal, noted that "All of a sudden... This is a national security issue," when Trump did not cite national security in his previous attacks against CNN.

"Suddenly, the lightbulb went off" for Trump, Boutrous argued, and he realized he could invoke national security after the outlets sued.

The emergency hearing ended "abruptly" without a ruling. Still, Judge Kelly ultimately granted the TRO to the banned media outlets just after midnight this morning, ordering that the Trump Whoute House immediately return, reinstate, and restore the press passes of the 78 journalists from CNN, MS NOW, and POLITICO. He said the Trump White House blatantly failed to comply with due process, and the media outlets are "likely to succeed" in their lawsuit.

However, all three media outlets have reported that their journalists were denied entry to the White House grounds this morning, in direct violation of Judge Kelly's ruling.