CNN, Politico Demand Court Halt Trump's White House Press Ban
“This Court should issue a preliminary injunction enjoining Defendants… from taking any action to enforce the White House ban,” CNN, MS NOW and Politico said in a joint legal memorandum filed Monday in the US District Court for the District of Columbia. The outlets also asked the court to order administration officials to give their reporters the “same access” to the White House and the president that they held before Sept. 18.
Constitutional claims
The filing contends the ban is unlawful retaliation for critical reporting, in violation of the First Amendment. It also argues that stripping journalists of their hard passes without advance notice, a hearing or objective criteria breaches the due process clause of the Fifth Amendment.
Alleged defiance
Lawyers for the outlets further accused administration officials of dragging their feet on earlier court directives and of continuing to apply inconsistent restrictions. Examples cited include barring CNN from an Air Force One flight to Knoxville and curbing coverage of a state dinner for Chinese President Xi Jinping.
Where the case stands
The motion follows a 14-day temporary restraining order issued Sept. 24 by US District Judge Timothy Kelly, who concluded the outlets were likely to prevail on their due process claim. The court also raised doubts about the administration's national security rationale for the restrictions.
Trump announced the ban Sept. 18, accusing the news organizations of spreading “fake news” and pointing to years of negative coverage.
The plaintiffs warned that the administration plans to reinstate the ban once the restraining order lapses Oct. 8. They urged the court to step in and prevent “irreparable harm” to press freedom.
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