CNN, MS NOW and Politico seek court relief over White House ban

CNN, MS NOW and Politico have asked a court to halt the White House ban while their case proceeds. They say the move punishes unfavourable reporting and threatens press freedom.

In Short

• Plaintiffs said the restrictions continued despite a judge's temporary order
• Lawyers argued the administration could swiftly restore a total exclusion
• The filing called the move retaliation against coverage Trump dislikes

Three news organisations barred from the White House grounds have asked a court to stop the Trump administration from enforcing the action until the case is decided, saying the ban has continued to be applied in an unpredictable and inconsistent manner despite a judge's restraining order.

In a filing late Monday, CNN, MS NOW and Politico said the administration had shown through its words and actions that it would quickly bring back a complete ban if given the chance. The news outlets said the move was an attack on press freedom and would cause irreparable harm to them and the public if it was not blocked.

"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," lawyers for the three organisations wrote. "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 preliminarily enjoin its enforcement pending the resolution of this case," the filing said.

In a statement, the plaintiffs said Trump's ban on the three outlets was "a blatant violation of the First Amendment and due process". Theodore J. Boutrous, the plaintiffs' lead attorney, said, "The president and his administration have continued to make clear that this ban has only one purpose: to punish reporting he doesn't like." He added, "That's retaliation and viewpoint discrimination, pure and simple. With the district court's temporary restraining order expiring this week, it is critical to ensure that the White House continues to be prevented from implementing this unconstitutional ban on the free press."

The filing came a day after the Trump administration made clear it was standing by its position that the ban, announced by Trump on September 18, was justified. "When it comes to the White House, it is the people's house," Attorney General Todd Blanche said in an interview with ABC. "It is a privilege, and not a right, to be there."

The new 42-page filing repeated many of the arguments made in the original lawsuit filed two days after the reporters were banned. It also referred to the White House broadcast pool rotation, which has become a key point in the dispute. When the ban was put in place, CNN was removed from its pool duties as part of the broadcast pool, which includes CNN, ABC, CBS, NBC and Fox News. In support of CNN, the other networks decided to suspend the pool until CNN was allowed back in.

On Friday, CNN was allowed to cover the president with Chinese leader Xi Jinping at the National Archives. But on Saturday, the White House barred the network from Air Force One, preventing it from covering Trump's trip to a college football game in Tennessee. The court filing argues that these developments show the administration has continued to act against the three organisations even as the case remains before the court.

With PTI Inputs

- Ends