Judge extends White House access for CNN, MS NOW, Politico amid legal fight

Kelly's decision elaborated on a September 24 emergency order that had reinstated access for the journalists on a temporary basis. The news organizations and press freedom groups have accused Trump of unconstitutional retaliation against journalists for coverage he does not like.

During a hearing, Kelly expressed skepticism about the Trump administration's justification for the ban, questioning why the government's arguments in court appeared to differ from Trump's public statements centered on negative news coverage. The government had argued the ban was based in part on national security concerns, but Kelly noted a disconnect between that argument and the president's public statements.

Lawyers for the news organizations argued that Trump's ban violates the First Amendment, calling it "textbook retaliation" and stating that the president does not want reporters in the White House complex reporting news he dislikes. They also argued the ban violates the due process clause of the Fifth Amendment because the White House did not provide adequate notice with clear standards before implementing the ban.