A federal judge ordered CNN, MS NOW and Politico back into the White House on Sept 24. Will the administration appeal by Oct 2?

U.S. District Judge Timothy Kelly, a Trump appointee, issued a temporary order on Sept. 24 requiring the White House to restore hard-pass credentials for CNN, MS NOW and Politico journalists after the administration revoked them over what it called a failure to meet "minimum requirements of professionalism." Rather than filing a formal appeal of that order with a federal appeals court by Oct. 2, the Justice Department instead went back to Kelly's own district court, filing papers that day arguing White House access is a "privilege" rather than a constitutional right and renewing its claim that the outlets had published classified information.

By seeking reconsideration from the same judge rather than escalating to the D.C. Circuit, the administration kept the dispute within the trial court where the case originated, avoiding the longer timeline and different legal standard an appellate challenge would have required. The outlets' credentials remained restored under Kelly's order as the administration's request to lift it was pending.

Thirty-six percent of Predict Six forecasters expected a formal appeal by Oct. 2. The majority correctly anticipated the administration would not take that specific procedural step, even as it kept contesting the order through other means.