A federal judge weighed Thursday whether to extend his block on Trump's White House ban of CNN, MS NOW and Politico. He promised a ruling by Tuesday.
80 journalists and staffers hold passes covered by the extended restraining order.
Sept. 24: Kelly found the ban likely violated Fifth Amendment due process.
CNN and Politico remain barred from Air Force One and the Oval Office.
Kelly, a Trump appointee, restored CNN's Jim Acosta's pass in 2018.
Why it matters: Trump announced the ban on Truth Social, citing what he called fake news. The Justice Department defends it on national security and professionalism grounds.
Outlets' lawyer Theodore Boutrous cited Trump's Sept. 28 Time interview as proof the security rationale is pretext.
Kelly pressed DOJ lawyer Michael Velchik on why Trump's stated reasons differ from the government's.
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