CNN lawyer spots parts of Trump's Time chat that could wind up in court: 'I was surprised'
CNN lawyer Ted Boutros was 'surprised' by a revealing moment in a President Donald Trump interview that will be used against him in court (CNN/Screenshot)

An attorney for CNN said he was surprised President Donald Trump didn't seem to know what a federal judge had ordered him to do.

Ted Boutros, who represents CNN in its lawsuit over the White House's restrictions on the network's reporters, told CNN anchor Erin Burnett on Thursday that an exchange in Trump's new interview with Time magazine caught him off guard.

Asked whether he was ignoring an order from U.S. District Judge Timothy Kelly, Trump told the magazine, "I'm not ignoring his order. I'm just saying that when I don't have to go out of my way, these people write only bad stories."

He then added, "When they say orders, what order? I'm not even aware."

A White House press attaché stepped in at that point. He told Time that the judge "basically ordered them to renew their access back to the White House," which he argued was "different than allowing the pool into the events in the Oval Office or on Air Force One."

"I was surprised by that," Boutros said. "And one would think that the White House counsel and the Justice Department would make sure he knew the consequences of his ban and the order. And it doesn't sound like he does."

Kelly's temporary restraining order is set to expire, Burnett noted. Boutros said CNN would "immediately appeal to the D.C. Circuit" if the judge declines to extend it, and he said he believes a preliminary injunction will be granted.

Boutros previously told the court that Trump "keeps proving our point" and was "really our lead witness." He pointed to the president's repeated complaints that coverage was too negative. Trump did it again in the Time interview, telling the magazine, "You haven't asked me one f— positive question."

Boutros said that part of the interview would be "featured in our argument significantly" in a reply brief CNN plans to file Monday. The government is due to file its brief Friday.