Category: News

DOJ Argues CNN & Other Outlets Can Be Banned From White House If Trump Determines They Didn’t Meet “Minimum Requirements Of Professionalism”

The Justice Department argued that Donald Trump can legally ban CNN, MS NOW and Politico from the White House because he determined that they didn’t meet the “minimum requirements of professionalism.”

Last month, a federal judge granted the three outlets a temporary restraining order that forced the White House to reinstate dozens of their reporters’ hard passes. The outlets are now asking the judge to extend that 14-day order for a longer term via a preliminary injunction, claiming that Trump’s ban is a violation of their First and Fifth amendment rights.

U.S. District Judge Timothy Kelly, a Trump appointee, has said that he is bound by the precedent set in In a 1977 D.C. Circuit opinion, Sherrill vs. Knight, in which the judges ruled that “the protection afforded newsgathering under the First Amendment guarantee of freedom of the press requires that this access not be denied arbitrarily or for less than compelling reasons.”

In a court filing on Friday, the DOJ claimed that the Sherrill case still would allow for the president to restrict the three outlets from accessing the White House grounds because the White House has a “compelling interest.”

The DOJ lawyers claimed that the Sherrill decision does not “prevent the President from concluding that bona fide journalists would identify sources instead of relying on anonymous sources, commit to factual accuracy, and provide the White House an opportunity to comment, rather than ‘perform their duties in a way that … interfere[s] with the White House’s daily operations.’ …At a bare minimum, it is a significant violation of decorum to publish classified and sensitive national security information.”

The news outlets’ legal team has rejected that assertion, writing in a filing earlier this week that Trump’s “statements also make clear he implemented the ban to coerce more favorable coverage from CNN, MS NOW, and Politico, and to deter other journalists and news organizations from newsgathering and reporting that the President might view as negative. And his administration has continued to retaliate against Plaintiffs even after the temporary restraining order, only underscoring that Defendants’ motive is to punish and chill journalism they dislike.”

Even as access to the White House grounds has been reinstated, the White House has continued to restrict CNN from coverage of TV pool assignments, including travel with Trump on Air Force One.

The outlets’ lawyers, led by Theodore Boutrous Jr., also noted that Trump and other White House officials “overlooked that the First Amendment protects reporting on matters affecting national security.”

Kelly has set a hearing for Thursday on the news outlets’ motion for a preliminary injunction.

In granting a TRO, Kelly concluded that the White House failed to provide due process to the news outlets.

The DOJ has pointed to letters sent to the outlets as evidence that they were given due process. But those letters were sent on Sept. 22, four days after Trump’s ban was started.

The judge also has noted that some of the objectionable stories cited by the DOJ do not have to do with national security. Kelly wrote in his order that “even the justifications provided to Plaintiffs after this case was filed are ambiguous about the true purpose of the revocations: while Defendants’ letters to Plaintiffs mention national security concerns, they purport to identify reporting that ‘threatened national security and/or spread falsehoods’ leaving open the possibility that all the stories fall into the later bucket, rather than the former.”

October 3, 2026
Toronto hospital to greatly expand permanent housing program that reduces ER visits

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A Toronto hospital network is set to greatly expand its unique permanent housing program that largely serves homeless people who visit hospital emergency departments an inordinate amount of time.

The University Health Network’s Dunn House has seen great success in the early days for its 51 residents, a model that will expand to help 300 people.

The modular build opened in Toronto’s west end in 2024. Federal and provincial governments, along with the city, announced earlier this year they would help build a similar 54-unit building, dubbed Spring House, which is geared to seniors who are struggling with homelessness.

Now, the plan is for three more buildings in Toronto.

“It gives me a lot of hope that we can rally behind a solution that is more humane and cost-effective,” Dr. Andrew Boozary, the executive director of the Gattuso Centre for Social Medicine at UHN, said in an interview.

Preliminary data has shown that 48 residents of Dunn House visited emergency rooms 52 per cent fewer times a year after they moved in, along with a 79 per cent drop in the length of their hospital stays when they were admitted.

The 48 patients racked up $2.1 million in hospital costs over 12 months before moving into Dunn House, and in the year after the hospital saved $1.66 million.

Housing project has direct access to doctors, nurses

The project will again be a partnership between the federal and provincial governments, along with the city and the hospital.

The federal government will invest more than $25 million to get the third building up and running, with units for about 80 people. The City of Toronto will contribute $19 million while UHN Foundation will pony up $20 million for the broader build.

The province is set to provide support for health services and health-care workers.

The housing project features direct access to doctors, nurses and a host of other health professionals with the goal of improving their health and alleviating pressure on the hospital.

“Investing in the Dunn House model is critical to solving the housing crisis across the continuum,” federal Housing and Infrastructure Minister Gregor Robertson said in a statement.

Thomas Limshalm, a resident at Toronto’s Dunn House, is photographed in a common area at the medical housing initiative on Wednesday, Sept. 30, 2026. (Chris Young/The Canadian Press)

The Canadian Press has previously spoken to more than a dozen residents, all of whom loved their new homes. Many said they have since turned their lives around, some have weaned themselves off drugs and got jobs while others have returned to school.

The homes are permanent so residents do not have to leave when their health improves.

Dunn House helps people ‘stay off the street,’ mayor says

It’s a win for the city, said Toronto Mayor Olivia Chow.

“The Dunn House model is working. It’s helping people build stable lives, access vital resources, and stay off the street and out of the emergency room,” she said in a statement.

The city is looking to invest a further $27 million in the project, which will be subject to council approval.

“It’s not sensationalist to say that this is going to be matters of life and death,” Boozary said.

“When you look at the data in the country that people who are chronically unhoused live half as long as the general public, that they’re losing 20 to 30 life years, that a chronically unhoused woman in Toronto’s average life expectancy is 42, it’s a moral failure and it’s damning.”

October 3, 2026
Suspected Ebola case at Montreal hospital turns out to be a false alarm

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A Montreal hospital has lifted emergency isolation measures after a suspected Ebola case was determined to be a false alarm, officials said.

The female patient arrived at the Centre hospitalier de l’Université de Montréal (CHUM) late Thursday afternoon exhibiting signs of the deadly disease.

Earlier in the day, Irène Marcheterre, a spokesperson for the CHUM, said that as soon as the suspicious symptoms were identified, the hospital immediately enacted its required isolation protocols.

She said all necessary safety measures were put in place, and insisted there was no risk to the public.

Just before 8 p.m., another spokesperson, Ellen Caracas, told CBC News that the patient tested negative for Ebola and emergency protocols were lifted.

The suspected case came amid an ongoing and deadly Ebola outbreak in the Democratic Republic of Congo, where thousands have died in recent months.

Marcheterre could not confirm whether the patient had recently travelled from the region, stating she did not know the woman’s travel history.

October 3, 2026
Woman in fake nurse case narrowly escapes arrest warrant after 6th postponement

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Lisa Driscoll, a woman who stole other people’s nursing credentials to gain employment in Newfoundland on multiple occasions, has once again avoided sentencing.

She was a no-show in provincial court on Thursday in St. John’s after being ordered by Judge Bruce Short at her last appearance to be there in person. In a twist of fate for the convicted fake nurse, the judge was also absent from the courtroom on Thursday.

Judge Paul Noble presided over the appearance on Short’s behalf. Driscoll’s new lawyer, Philip Warren, was asking for an adjournment regardless, saying Driscoll claimed to be sick and was either in the hospital, or on the way to the hospital.

“This is the sixth request for a postponement,” Crown prosecutor Deidre Badcock said before pulling out her notebook to quote Short from the last appearance in July.

“He said, ‘You be here unless it is life or death,’” Badcock read. “‘The court has given you great leeway and ample opportunity to comply and you continue to not. You will not get any further appointments or adjournments. You will be sentenced on Oct. 1.’”

But that wasn’t the case.

Badcock then asked the judge for an arrest warrant, saying the only way Driscoll will be present for her sentencing is if she is held in custody until her next court date.

“I just find it really harsh, I really do,” Warren said.

Noble decided against issuing a warrant for Driscoll’s arrest, instead making an order that she be present in person for her next appearance.

Badcock said it’s become routine for Driscoll to seek delays, without providing any evidence to support her applications for adjournment.

“I trust what [Warren] says his client has told him, but I don’t trust anything his client tells him because we’ve consistently been told she’s in the hospital, or she’s having surgery or she’s having X or having Y. And she has not been able to produce a single piece of paper, not even a printout from her actual online health-care app, which we all have.”

The case will be called again on Oct. 7 at 9 a.m. to find a new date for sentencing.

Driscoll first pleaded guilty to her charges on May 12, 2025.

She’s fired two lawyers in 2026, which also led to significant delays.

Driscoll used fake names, licences to get jobs

Lisa Driscoll, who also went by the name Lisa Strickland at times, was convicted of criminal negligence causing death in relation to the 2017 death of her four-year-old son in Ontario.

That conviction and subsequent prison sentence left her unable to pass a code of conduct check in Ontario.

Driscoll came back to Newfoundland, where she hails from, and used the legitimate licence number of a licensed practical nurse with a similar name to get a job at Chancellor Park, a nursing home in St. John’s, in March of 2021.

While working there, Driscoll used the same stolen licence to get a second job at Kenny’s Pond retirement home in St. John’s.

Alarm bells were raised when Driscoll applied for another job with Lane’s Retirement Homes in July of 2022. The College of Licensed Practical Nurses got a call from a representative of the company, looking to check her licensing information. They found none of her information matched the information of the person who held the legitimate licence in the system.

Police began investigating, and reached out to the province’s health authority, which confirmed it also had a job application on file from Driscoll in which she used the licence number of another nurse with a similar name.

After being fired from her positions in St. John’s and while the investigation was still ongoing, Driscoll was discovered to be working at a retirement home in Gander — this time as a travel nurse.

Driscoll was accused of stealing medication from that home in Gander, but was acquitted in March of 2026.

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October 3, 2026
Why experts say now is an ideal time to protect yourself from flu

It’s October and time for flu shots.

Medical experts urge getting a flu vaccination soon, before influenza starts spreading widely — and to get up to date on protection against other fall respiratory viruses, too. Updated COVID-19 shots are available now, plus shots for people especially vulnerable to another winter risk called RSV.

While these infections make many people feel miserable for a few days before they recover, every year flu alone causes hundreds of thousands of hospitalizations in the U.S. and kills tens of thousands.

Vaccination isn’t “a guarantee that we’re going to prevent illness. But just like the seat belt in your car, it decreases risk” of the worst outcomes, said Dr. Ryan Stanton of the American College of Emergency Physicians.

Fall vaccine advice usually comes from the Centers for Disease Control and Prevention and its independent advisory panel. But this year that panel, which influences state and insurance vaccine policies, is caught in a court battle and the CDC hasn’t updated its flu advice.

Now doctors’ groups are filling the gap: the American Academy of Pediatrics, American Academy of Family Physicians, American College of Obstetricians and Gynecologists, and the Infectious Diseases Society of America have posted vaccination guidelines for their patient populations plus the scientific evidence behind them.

Here’s what to know:

Just about everybody starting at age 6 months needs flu vaccination, the medical societies agree. But flu is particularly dangerous for people 65 and older, pregnant women, young children and people of any age who have chronic health problems, including asthma, diabetes, heart disease and weak immune systems. The last two flu seasons brought unusually high numbers of child deaths, the vast majority of them in unvaccinated kids.

The vaccines don’t block all flu infections, but they do help prevent the worst outcomes, decreasing older adults’ hospitalizations by 31% last year, according to the Vaccine Integrity Project, a public health group based at the University of Minnesota.

Three “enhanced” flu vaccines are designed to better protect seniors. The American Academy of Family Physicians urges them to choose one — “but do not delay your vaccination if that one’s not available,” said AAFP’s Dr. Sarah Nosal.

The Food and Drug Administration recently approved a new choice for people ages 50 and older, the first flu vaccine made with the same mRNA technology that was key to ending the COVID-19 pandemic. One study found Moderna’s mFlusiva was 27% more effective against symptomatic illness among 50- to 64-year-olds than a standard shot.

The shot-averse could choose a nasal spray, FluMist, if they’re ages 2 to 49 and meet other health criteria.

COVID-19 shots once were recommended for just about everyone by federal health agencies, but like last year, the FDA has only formally approved them for higher-risk people — those ages 65 and older or younger people with at least one health condition that increases their risk.

Still, the family physicians recommend all adults get a COVID-19 vaccination, especially seniors and those with other risk factors. Adults 65 and older should get a fall dose and then a second dose six months later, as immunity wanes over time, Nosal said.

The American Academy of Pediatrics recommends a COVID-19 shot for all children ages 6 months to 23 months, and for older kids with high-risk conditions. It also supports vaccination for any child whose parent wishes it.

With millions of shots administered, there’s no evidence that coronavirus vaccination during pregnancy increases the risk of miscarriage or other problems, “so please get the vaccine,” said ACOG’s Dr. Christina Davidson.

Depending on age, people can choose a shot from Moderna, Pfizer, or the only non-mRNA version from Novavax and Sanofi.

Just like with flu vaccines, these shots are better at preventing severe disease than mild cases. The Vaccine Integrity Project said last fall’s COVID-19 shots cut the risk of hospitalization by 53% in seniors and slashed emergency room visits for very young children.

Common side effects for flu and COVID-19 vaccines are mild and temporary, such as sore arms, fatigue, headaches, muscle aches, and mild fever. They occurred somewhat more often with the new mFlusiva than with standard flu shots.

While pediatricians and some clinics offer both flu and coronavirus shots, they’re available for most ages through pharmacies. For example, Walgreens says it now offers both shots for ages 3 and older, no prescription needed.

Medicare covers the fall shots and most private health insurers say they plan to continue doing so through 2027. If you want to choose mFlusiva, the new Moderna flu option, make sure to double check that your insurance covers it.

Flu experts say October is best, although vaccinations will remain available through the fall — just remember it can take two weeks for protection to kick in. COVID-19 cases rose in the late summer and usually do again around the winter holidays. Some experts say it’s also OK to time the coronavirus shot a few weeks ahead of an event you wouldn’t want to miss because of illness, like a special trip or get-together.

RSV, or respiratory syncytial virus, typically is a cold-like nuisance during the fall, winter and early spring. But it can be severe, even life-threatening, for infants and older adults.

The family physicians recommend a one-time vaccination for adults 75 and older, people 50 to 74 who are at increased risk, or younger people with weak immune systems.

It’s also recommended during late pregnancy to protect infants born during RSV season. Separately, the pediatricians recommend a vaccine-like medication for those infants whose moms weren’t vaccinated and some other high-risk babies.

___

The Associated Press’ health and science coverage receives financial support from the AP Fund for Journalism and private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

October 3, 2026
What to know about California’s new ultra-processed foods label law

California Gov. Gavin Newsom signed a bill on Tuesday that would allow food companies to put a non-ultra-processed food (UPF) label on their products.

The law creates the first seal in the U.S. that would appear on products as long as they meet standards for not being ultra-processed, according to California lawmaker Jesse Gabriel, who sponsored the bill.

Modeled after the “USDA Organic” label — which appears on products that meet federal standards set by the U.S. Department of Agriculture — California’s process would be overseen by the California Department of Public Health.

Food manufacturers would apply to accredited certification agents to use a “California Certified” seal on their packaging. Products would have to be recertified every three years.

The law also requires grocery stores in California with gross sales of more than $10 million to prominently display products with the seal in a “designated high-traffic area.”

The state’s definition of UPFs includes food and beverages that contain a “specified substance” — such as colors or stabilizers — and either high amounts of saturated fat, sodium or added sugar or a nonnutritive sweetener.

Governor Gavin Newsom is pictured during a recorded interview with AFP in the Manhattan borough of New York City on September 23, 2026.

Charly Triballeau/AFP via Getty Images

“We should be about healthcare, not sick-care, recognizing that preventing illnesses is far preferable to finding — and affording — treatments,” Newsom said in a statement. “It’s why California is focused on making whole, healthy foods as accessible as possible, why we’re making healthier choices easier. California has never been afraid to challenge the status quo, and we’ll keep innovating, trying new things, and clearing the way for the rest of the country to follow.”

Several consumer groups celebrated the new law, including the nonprofit activist organization Environmental Working Group.

“Today California raised the bar for what we consider healthy food,” Bernadette Del Chiaro, EWG senior vice president for California, said in a statement. “Consumers deserve labels they can trust, and with Gov. Newsom’s signature, families now have a simple way to tell which foods are closer to what comes from a kitchen rather than a factory.”

The law is in line with policies that have been touted by Health Secretary Robert F. Kennedy Jr. For years, Kennedy has criticized the U.S. food industry and the proliferation of ultra-processed foods, blaming them as one reason for the rise of chronic diseases in the U.S.

“Hundreds of these chemicals are now banned in Europe, but they’re ubiquitous in American processed foods,” Kennedy said during a September 2024 roundtable discussion on health led by Sen. Ron Johnson, R-Wisc. “We are literally poisoning our children systematically for profit.”

Some research has shown that highly processed foods can be detrimental to health. A 2022 joint study by the Centers for Disease Control and Prevention and the University of São Paolo in Brazil found that people who consumed more calories from ultra-processed foods may have an increase in cardiovascular disease.

Earlier this year, Kennedy announced new dietary guidelines that encouraged Americans to limit highly processed foods and reduce refined carbohydrates.

For the first time, the federal Dietary Guidelines explicitly warned Americans against certain highly processed foods and suggested avoiding “packaged, prepared, ready-to-eat, or other foods that are salty or sweet” and “sugar-sweetened beverages, such as soda, fruit drinks, and energy drinks.”

“These new guidelines will revolutionize our nation’s food culture and make America healthier again,” Kennedy said during a press conference at the White House at the time.

October 3, 2026
Christa Pike unconscious, on ventilator after botched execution: Lawyers

The Tennessee woman’s legal team says doctors are working to clear doses of the drug pentobarbital from her system.

Published On 2 Oct 2026

Christa Pike has been placed on a ventilator and intubated after surviving a failed execution attempt, according to a court filing from her lawyers.

The Tennessee woman, they wrote on Friday, “remains critically ill” and is unconscious while receiving treatment at a hospital in Nashville.

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According to the filing, medical staff are working to save Pike’s life and clear her system of the two doses of the drug pentobarbital, which the US state uses to execute prisoners.

“Upon arrival, both of her arms were swollen, burned, and blistered,” Pike’s lawyers wrote about the drug’s effects on her body.

The filing, which was part of an emergency request by Pike’s lawyers to preserve state records related to her execution, marks the most detailed update on Pike’s condition after she was transported by ambulance to hospital from a Tennessee prison on Wednesday, following the botched attempt.

Pike’s lawyers argued that problems with the IV lines caused the pentobarbital to flow into her body instead of her bloodstream.

“Apparently at no point did any member of the execution team realise that the IV lines were not correctly placed or that the veins had blown and that the pentobarbital was, in whole or in part, entering Ms Pike’s body,” they wrote.

The lawyers allege prison staff prepared “a backup set of syringes” and “administered another lethal dose of pentobarbital”.

Pike, who was sentenced to death at 18 after she was found guilty of torturing and murdering another young woman in 1995, would have been the first woman in more than 200 years to be executed in Tennessee. She was also the only woman on the state’s death row.

Pike’s lawyers have called for her sentence to be commuted to life in prison after she endured what they called “chemical torture”.

Tennessee’s Governor Bill Lee has suspended all executions for the rest of the year while the state investigates what happened.

October 3, 2026
DOJ Argues CNN & Other Outlets Can Be Banned From White House If Trump Determines They Didn’t Meet “Minimum Requirements Of Professionalism”

The Justice Department argued that Donald Trump can legally ban CNN, MS NOW and Politico from the White House because he determined that they didn’t meet the “minimum requirements of professionalism.”

Last month, a federal judge granted the three outlets a temporary restraining order that forced the White House to reinstate dozens of their reporters’ hard passes. The outlets are now asking the judge to extend that 14-day order for a longer term via a preliminary injunction, claiming that Trump’s ban is a violation of their First and Fifth amendment rights.

U.S. District Judge Timothy Kelly, a Trump appointee, has said that he is bound by the precedent set in In a 1977 D.C. Circuit opinion, Sherrill vs. Knight, in which the judges ruled that “the protection afforded newsgathering under the First Amendment guarantee of freedom of the press requires that this access not be denied arbitrarily or for less than compelling reasons.”

In a court filing on Friday, the DOJ claimed that the Sherrill case still would allow for the president to restrict the three outlets from accessing the White House grounds because the White House has a “compelling interest.”

The DOJ lawyers claimed that the Sherrill decision does not “prevent the President from concluding that bona fide journalists would identify sources instead of relying on anonymous sources, commit to factual accuracy, and provide the White House an opportunity to comment, rather than ‘perform their duties in a way that … interfere[s] with the White House’s daily operations.’ …At a bare minimum, it is a significant violation of decorum to publish classified and sensitive national security information.”

The news outlets’ legal team has rejected that assertion, writing in a filing earlier this week that Trump’s “statements also make clear he implemented the ban to coerce more favorable coverage from CNN, MS NOW, and Politico, and to deter other journalists and news organizations from newsgathering and reporting that the President might view as negative. And his administration has continued to retaliate against Plaintiffs even after the temporary restraining order, only underscoring that Defendants’ motive is to punish and chill journalism they dislike.”

Even as access to the White House grounds has been reinstated, the White House has continued to restrict CNN from coverage of TV pool assignments, including travel with Trump on Air Force One.

The outlets’ lawyers, led by Theodore Boutrous Jr., also noted that Trump and other White House officials “overlooked that the First Amendment protects reporting on matters affecting national security.”

Kelly has set a hearing for Thursday on the news outlets’ motion for a preliminary injunction.

In granting a TRO, Kelly concluded that the White House failed to provide due process to the news outlets.

The DOJ has pointed to letters sent to the outlets as evidence that they were given due process. But those letters were sent on Sept. 22, four days after Trump’s ban was started.

The judge also has noted that some of the objectionable stories cited by the DOJ do not have to do with national security. Kelly wrote in his order that “even the justifications provided to Plaintiffs after this case was filed are ambiguous about the true purpose of the revocations: while Defendants’ letters to Plaintiffs mention national security concerns, they purport to identify reporting that ‘threatened national security and/or spread falsehoods’ leaving open the possibility that all the stories fall into the later bucket, rather than the former.”

October 3, 2026
Latin America sees China as more positive global influence than US: Poll

Annual Latinobarometro survey finds views of China’s influence improving as perceptions of US influence worsen.

Published On 2 Oct 2026

China is perceived more positively as a global influence than the United States in Latin America, according to a new regional survey, in a first since the poll began in 1995.

The 2026 Latinobarometro survey published on Friday found that 65 percent of respondents in 17 countries saw China as a positive influence. That was compared with 57 percent who said the same of the US.

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Support for China has risen sharply since 2020, when 48 percent of respondents viewed its influence positively. The figure for the US has fallen from 60 percent over the same period.

Costa Rica and the Dominican Republic were the only countries surveyed where respondents viewed US influence more positively than China’s.

Latinobarometro, a Chile-based nonprofit organisation, conducts annual surveys across the region on issues including democracy, the economy, security and migration.

The findings come during US President Donald Trump’s second term, as his administration has sought to strengthen Washington’s influence in Latin America, particularly through exercising more military might.

That has included conducting strikes on alleged drug smuggling boats in the region, which rights groups have decried as extrajudicial killings, and abducting Venezuela’s then-leader Nicolas Maduro in Brazil.

Trump has described his approach as the “Donroe Doctrine”.

Despite the findings on global influence, the US remained more popular than China when respondents were asked about their overall views of the two countries.

Some 63 percent of respondents said they had a favourable opinion of the US, compared with 58 percent for China. The US figure was down from 73 percent in 2024.

The survey also asked respondents about the US military capture of Maduro.

A majority in all but one country, Argentina, approved of Maduro’s capture by US forces.

Views were more divided over what the operation meant for Venezuela, with 35 percent saying removing Maduro had benefitted the country and 28 percent saying it had harmed it.

Venezuelans were among the populations most likely to view US influence positively, according to the survey.

The 2026 survey was based on about 19,200 face-to-face interviews conducted in 17 countries between May 7 and June 17, with a margin of error of 1 percent.

October 3, 2026
DOJ Argues CNN & Other Outlets Can Be Banned From White House If Trump Determines They Didn’t Meet “Minimum Requirements Of Professionalism”

The Justice Department argued that Donald Trump can legally ban CNN, MS NOW and Politico from the White House because he determined that they didn’t meet the “minimum requirements of professionalism.”

Last month, a federal judge granted the three outlets a temporary restraining order that forced the White House to reinstate dozens of their reporters’ hard passes. The outlets are now asking the judge to extend that 14-day order for a longer term via a preliminary injunction, claiming that Trump’s ban is a violation of their First and Fifth amendment rights.

U.S. District Judge Timothy Kelly, a Trump appointee, has said that he is bound by the precedent set in In a 1977 D.C. Circuit opinion, Sherrill vs. Knight, in which the judges ruled that “the protection afforded newsgathering under the First Amendment guarantee of freedom of the press requires that this access not be denied arbitrarily or for less than compelling reasons.”

In a court filing on Friday, the DOJ claimed that the Sherrill case still would allow for the president to restrict the three outlets from accessing the White House grounds because the White House has a “compelling interest.”

The DOJ lawyers claimed that the Sherrill decision does not “prevent the President from concluding that bona fide journalists would identify sources instead of relying on anonymous sources, commit to factual accuracy, and provide the White House an opportunity to comment, rather than ‘perform their duties in a way that … interfere[s] with the White House’s daily operations.’ …At a bare minimum, it is a significant violation of decorum to publish classified and sensitive national security information.”

The news outlets’ legal team has rejected that assertion, writing in a filing earlier this week that Trump’s “statements also make clear he implemented the ban to coerce more favorable coverage from CNN, MS NOW, and Politico, and to deter other journalists and news organizations from newsgathering and reporting that the President might view as negative. And his administration has continued to retaliate against Plaintiffs even after the temporary restraining order, only underscoring that Defendants’ motive is to punish and chill journalism they dislike.”

Even as access to the White House grounds has been reinstated, the White House has continued to restrict CNN from coverage of TV pool assignments, including travel with Trump on Air Force One.

The outlets’ lawyers, led by Theodore Boutrous Jr., also noted that Trump and other White House officials “overlooked that the First Amendment protects reporting on matters affecting national security.”

Kelly has set a hearing for Thursday on the news outlets’ motion for a preliminary injunction.

In granting a TRO, Kelly concluded that the White House failed to provide due process to the news outlets.

The DOJ has pointed to letters sent to the outlets as evidence that they were given due process. But those letters were sent on Sept. 22, four days after Trump’s ban was started.

The judge also has noted that some of the objectionable stories cited by the DOJ do not have to do with national security. Kelly wrote in his order that “even the justifications provided to Plaintiffs after this case was filed are ambiguous about the true purpose of the revocations: while Defendants’ letters to Plaintiffs mention national security concerns, they purport to identify reporting that ‘threatened national security and/or spread falsehoods’ leaving open the possibility that all the stories fall into the later bucket, rather than the former.”

October 3, 2026