Washington: CNN, MS NOW and Politico have asked a federal court to block the Trump administration from enforcing its ban on the three news organisations until the court resolves their lawsuit over White House access.
In a filing late Monday, lawyers for the three outlets said the administration had “persisted in unpredictably and inconsistently implementing its ban” despite a temporary restraining order restoring their White House access, including by selectively barring CNN from White House pool duties.
“The White House's words and actions leave little doubt that it will immediately reinstitute a complete ban of CNN, MS NOW, and POLITICO if allowed the opportunity,” the lawyers wrote.
They asked US District Judge Timothy Kelly to issue a preliminary injunction extending the outlets' access until the case is finally resolved, arguing that the ban violates First Amendment protections and would cause irreparable harm to the outlets and the public.
The filing came a day after the Trump administration defended its decision to restrict access to the three organisations.
Theodore J. Boutrous Jr., the lead attorney for the outlets, called the ban “a blatant violation of the First Amendment and due process” and said the administration had continued to make clear that the purpose of the ban was to punish reporting it disliked.
The White House has maintained that access to the presidential residence is a privilege rather than a right. Attorney General Todd Blanche said on ABC on Sunday, “It is a privilege, and not a right, to be there.”
A two-week temporary restraining order issued by Kelly last week restored the outlets' White House access, but it expires on October 8. The outlets' latest request would extend that protection while their lawsuit proceeds.
The dispute began on September 19, when the Trump administration barred CNN, MS NOW and Politico from the White House. The outlets sued, arguing that the restrictions were retaliation for their reporting and violated their constitutional rights.
The latest filing also focuses on CNN's role in the White House television pool, which rotates among CNN, ABC, CBS, NBC and Fox News.
CNN was barred from serving as the designated television network pooler on September 26. It was later allowed to cover President Donald Trump with Chinese President Xi Jinping at the National Archives, but was barred from travelling aboard Air Force One for Trump's trip to a college football game in Tennessee.
“The president has every right to decide who gets to fly on his plane,” Blanche said, defending the decision.
The other television networks declined to provide a replacement for CNN on the Tennessee trip, leaving no primary television network pooler accompanying Trump.
The outlets' filing said the White House “persisted in unpredictably and inconsistently implementing its ban”, including by barring CNN from its pool duties.
Kelly's temporary restraining order did not directly address the television pool dispute. However, in his ruling, he expressed doubts about the administration's national security justification for the broader access restrictions.
“The court is sceptical ... that defendants' interest in safeguarding national security is the actual motivation” for removing the outlets' access, Kelly wrote.
The White House has argued that some of the outlets' reporting constituted a national security concern. The outlets have rejected that justification and said the restrictions amount to retaliation and viewpoint discrimination.
The court will now consider the request for a preliminary injunction as the broader lawsuit continues.(With agency inputs from AP via PTI)