Judge Kelly Grants Preliminary Injunction Against White House Hard-Pass Ban on CNN, Politico, MS NOW on Due Process and Two First Amendment Grounds

On October 13, 2026, Judge Timothy J. Kelly granted the preliminary injunction in Cable News Network, Inc. v. Trump, No. 1:26-cv-03287 (D.D.C.). The order bars defendants other than President Trump from executing, implementing or enforcing the September 18 decision to revoke the hard passes of CNN, MS NOW and POLITICO employees, which keeps in place the status quo set by the September 24 TRO. Plaintiffs post a $1.00 bond by October 19.

The memorandum opinion goes further than the TRO, which rested on due process alone: it finds plaintiffs likely to succeed on the Fifth Amendment claim, First Amendment retaliation and viewpoint discrimination. On due process, the court holds that Karem v. Trump required published standards and notice of the sanction before the conduct, so the September 22 letters sent four days after the ban did not cure the defect. On retaliation, it finds the President’s own statements (“cumulative stories,” “negative news”) show the cause, and that national security was a post-hoc justification. The government submitted no classified or sealed material in support. The opinion adds that it does not mean the President’s concerns about accuracy and fairness are unfounded.

Defendants asked in two sentences for a stay pending appeal; the court denied it in a footnote. No notice of appeal appeared on the RECAP docket through October 13. Press reports say the order does not reach the Oval Office or Air Force One.

Full record and doctrine: research-white-house-press-credential-revocation-due-process-record-2026-10-14 (cascade-research).