US President Donald Trump walks on the South Lawn of the White House before boarding Marine One in Washington, DC, US, on Tuesday, Oct. 13, 2026.
Samuel Corum | Bloomberg | Getty Images
The Department of Justice on Wednesday it is appealing a federal judge's order blocking the White House from enforcing its ban on MS NOW, CNN and Politico.
The notice of appeal to the U.S. Court of Appeals for the District of Columbia Circuit came less than a day after U.S. District Judge Timothy Kelly ruled that the three outlets targeted by President Donald Trump can keep their access to the White House complex.
That ruling, a preliminary injunction, replaces Kelly's temporary restraining order against the ban that Trump first announced on Sept. 18. It is not a final ruling in the ongoing lawsuit that the three news outlets filed against Trump, White House chief of staff Susie Wiles, U.S. Secret Service Director Sean Curran and White House communications director Steven Cheung.
Kelly, in an opinion filed Tuesday night, said the plaintiffs are likely to succeed in the case on their claims that Trump and his co-defendants violated their First Amendment rights through unlawful retaliation and viewpoint discrimination.
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