CNN, MS NOW, and Politico Ask Court to Prevent Trump From Reviving White House Ban

CNN, MS NOW, and Politico asked a federal judge on Sept. 28 to extend a court order barring President Donald Trump from enforcing his ban on the three outlets from accessing White House grounds.

Trump on Sept. 18 barred the three news outlets from the White House, accusing them of reporting “fake news.” The outlets filed a lawsuit on Sept. 21, arguing that the ban violates the First Amendment.

U.S. District Judge Timothy Kelly granted a 14-day temporary restraining order on Sept. 24, restoring hard pass access for the three outlets.

In a recent filing, the outlets sought a preliminary injunction to prevent Trump from reinstating the ban while the litigation is still ongoing. They alleged that the White House has “persisted in unpredictably and inconsistently implementing its ban,” citing its move to exclude CNN from television press pool duties on Sept. 26.

CNN was initially scheduled to join the television press pool aboard Air Force One for the president’s trip to Tennessee on Sept. 26, but the White House later issued press guidance that did not include the network, according to the filing.

The outlets alleged that the White House continued to confiscate press passes for their reporters after the judge issued a temporary restraining order on Sept. 24, and only came into compliance with the order roughly 11 hours later.

They argued that the White House’s words and actions indicate that it would immediately reinstate the press ban “if allowed the opportunity” to do so.

“Because the ban is an unlawful assault on the most fundamental First Amendment freedoms and will inflict irreparable harm on plaintiffs and the public if not restrained, this court should preliminary enjoin its enforcement pending the resolution of this case,” the filing states.

The Epoch Times reached out to the White House for comment but did not receive a response by the time of publication.

U.S. Attorney General Todd Blanche defended the ban in a Sept. 27 interview with ABC News, saying the president has the right to decide whether to allow reporters access to the White House and Air Force One.

“What the president has said is that he is sick and tired of certain media outlets just refusing to report accurate news,” Blanche said. “Even after the White House let the reporters back in, they still refuse to use pool coverage.”

The Department of Justice asked the judge to dismiss the outlets’ lawsuit on Sept. 22, saying the White House ban is justified by national security concerns and that access to the White House is a privilege, not a right.

The department said the three outlets had failed to “maintain minimum professional journalistic standards by publishing classified and national security information.”

The White House television pool consists of five major U.S. broadcast networks—CNN, ABC, NBC, Fox, and CBS News—that take turns shooting and sharing footage of the president. After Trump announced a press ban on CNN, MS Now, and Politico, other networks suspended their White House pool coverage in solidarity.

Television pool coverage of White House events resumed after Kelly ordered the administration to restore the outlets’ hard pass access.