White House confirms appeal as Trump-appointed judge extends ruling restoring CNN, MS NOW, Politico access

A federal judge appointed by President Donald Trump extended an order blocking the administration from banning CNN, MS NOW and Politico reporters from the White House, finding the restrictions likely violated the outlets’ First Amendment rights.

U.S. District Judge Timothy Kelly issued a preliminary injunction Tuesday night, allowing journalists from the three organizations to retain their White House press credentials while their lawsuit proceeds, according to The Associated Press.

A White House official confirmed to Fox News Digital that the administration intends to appeal the ruling, criticizing the decision and defending the restrictions on the outlets’ access to the president.

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President Donald Trump was pressed by reporters about his announced ban on CNN, MS NOW and Politico. (Jim Watson/AFP via Getty Images)

“The fake news has no place demanding a spot in the president’s Oval Office. The lies they smear are a disservice to the American public and tear at the very fabric of our democracy. They’re completely capable of reporting from directly outside. We intend to appeal this misguided decision,” the official said.

Theodore Boutrous Jr., an attorney representing CNN, MS NOW and Politico, welcomed the ruling in a statement provided to Fox News Digital.

“We are grateful that the court ruled in favor of our clients CNN, MS NOW and POLITICO and secured access to the White House for these news media organizations and their journalists,” the statement read.

Boutrous accused Trump of restricting the outlets’ access to punish unfavorable reporting and said the ruling protects the organizations’ constitutional rights.

The ruling expands Kelly’s Sept. 24 temporary restraining order, which found the outlets were likely to succeed on their Fifth Amendment due process claims. Kelly now also determined the restrictions likely violated the First Amendment because they were motivated by Trump’s objections to the outlets’ coverage rather than national security concerns, the AP reported.

Kelly also rejected the administration’s request to suspend his ruling pending an appeal, according to the AP.

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President Donald Trump takes questions from reporters during a press briefing at the White House on the one-year mark of his second term in office in Washington, D.C., Jan. 20, 2026. (Jessica Koscielniak/Reuters)

Trump announced the ban in September, criticizing the three organizations’ reporting. White House officials subsequently deactivated or confiscated reporters’ credentials, prompting the outlets and three journalists to sue over alleged First Amendment and Fifth Amendment violations.

Justice Department attorneys argued that White House press access is a privilege, not a right, and defended the president’s authority to determine which journalists receive credentials.

Fox News Digital reached out to the Justice Department for comment.

President Donald Trump stops and takes questions from reporters on his way to Marine One on the South Lawn of the White House Sept. 22, 2020, in Washington, D.C. (Drew Angerer/Getty Images)

The lawsuit remains pending, with the preliminary injunction keeping the three outlets’ White House credentials in place while the legal battle continues.

Fox News Digital’s Michael Sinkewicz and the Associated Press contributed to this report.

Brittany Miller is a Fox News Digital breaking news writer and former Independent reporter who graduated from Syracuse University in 2023.