Justice Matters with Glenn Kirschner
Oct 16, 2026 · 17 min · 10 segments
Judge Timothy Kelly issued a preliminary injunction putting a stop to Trump unconstitutional retaliation against CNN, MS NOW and Politico. And the judge said there is NO evidence that Trump's ban of…
Adam KlasfeldGuest
Glenn KirschnerHost
As you can see, we are joined once again by our good friend Adam Klasfeld of All Rise News, truly the best gavel-to-gavel courtroom coverage of all the most consequential cases going on around the country these days.
And what we're going to dig into today is a brand-new 26-page ruling from Trump-appointed Judge Timothy Kelly.
You may remember Judge Timothy Kelly previously issued what's called a temporary restraining order, which can only be in effect a week or two.
Then he had to decide if he wanted to basically make it permanent for the life of the litigation.
And we've got this brand-new opinion that does a couple of things, and then you're gonna wanna stay tuned because we're gonna go a little off the beaten path, and we're gonna focus on one thing in particular in this new 26-page order that will be alarming to the extent we can be alarmed by anything the Trump administration does these days.
So first of all, thank you for jumping on with us, Adam, and give us a little bit of background on this case and on where we stand, and then let's dig into this 26-page order.
Well, if I were to isolate six words from this order, Glenn, that are significant, it's the line, "Simply put, that was viewpoint discrimination." That is a line that takes this case out of due process land, which is where Judge Kelly had issued his original temporary restraining order, and put it right in First Amendment land.
He has, in this order, this preliminary injunction, found that this is a likely violation of CNN, MS Now, and Politico's due process rights under the Fifth Amendment, but also First Amendment rights, protecting them against retaliation and viewpoint discrimination.
They have more protection against the arbitrary and capricious revocation of their press credentials on First Amendment and Fifth Amendment grounds.
We have seen, for example, in the wake of his original ruling, that the Trump White House is still disinviting certain outlets from Air Force One.
I don't think it's stopping the Trump White House from trying to shut out news organizations that Trump doesn't like.
But in those 26 pages, you have Judge Kelly saying that this is against the First Amendment.
This isn't just a kind of property dispute where you are revoking someone's hard pass without due process, without a hearing, that this is the President of the United States, because he doesn't like what people are reporting, finding some post hoc justification, in this case national security, to shut them out of the White House press pool.
As you can see, we are joined once again by our good friend Adam Klasfeld of All Rise News, truly the best gavel-to-gavel courtroom coverage of all the most consequential cases going on around the country these days.
And what we're going to dig into today is a brand-new 26-page ruling from Trump-appointed Judge Timothy Kelly.
You may remember Judge Timothy Kelly previously issued what's called a temporary restraining order, which can only be in effect a week or two.
Then he had to decide if he wanted to basically make it permanent for the life of the litigation.
And we've got this brand-new opinion that does a couple of things, and then you're gonna wanna stay tuned because we're gonna go a little off the beaten path, and we're gonna focus on one thing in particular in this new 26-page order that will be alarming to the extent we can be alarmed by anything the Trump administration does these days.
So first of all, thank you for jumping on with us, Adam, and give us a little bit of background on this case and on where we stand, and then let's dig into this 26-page order.
Well, if I were to isolate six words from this order, Glenn, that are significant, it's the line, "Simply put, that was viewpoint discrimination." That is a line that takes this case out of due process land, which is where Judge Kelly had issued his original temporary restraining order, and put it right in First Amendment land.
He has, in this order, this preliminary injunction, found that this is a likely violation of CNN, MS Now, and Politico's due process rights under the Fifth Amendment, but also First Amendment rights, protecting them against retaliation and viewpoint discrimination.
They have more protection against the arbitrary and capricious revocation of their press credentials on First Amendment and Fifth Amendment grounds.
We have seen, for example, in the wake of his original ruling, that the Trump White House is still disinviting certain outlets from Air Force One.
I don't think it's stopping the Trump White House from trying to shut out news organizations that Trump doesn't like.
But in those 26 pages, you have Judge Kelly saying that this is against the First Amendment.
This isn't just a kind of property dispute where you are revoking someone's hard pass without due process, without a hearing, that this is the President of the United States, because he doesn't like what people are reporting, finding some post hoc justification, in this case national security, to shut them out of the White House press pool.
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