CNN, MS NOW and Politico asked a federal judge late Monday to issue a preliminary injunction preserving their White House access while they challenge President Donald Trump’s attempt to ban the outlets over coverage he condemns.
Reuters (opens in new tab) reports the filing in Washington asks U.S. District Judge Timothy Kelly — who previously issued a 14-day temporary restraining order finding the bans likely violated fair-treatment rights — to block the bans until a final ruling. The outlets’ Sept. 21 lawsuit calls the bans unlawful viewpoint discrimination under the First Amendment.
The Washington Examiner (opens in new tab) also reported the request to Kelly, a Trump appointee, quoting the motion’s argument that the ban is an “unlawful assault on the most fundamental First Amendment freedoms” and its assertion that 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.” Asked whether he could win, Trump said the outcome “depends on the judge you get” and that “somebody has a right to keep them away if they’re going to write false stories all the time,” the Examiner reported.
The Justice Department argues Trump lawfully barred the organizations after determining their coverage threatened national security by revealing classified information. Trump wrote on social media Sept. 18 that he was banning the outlets for “reporting FAKE NEWS” and for writing “FICTION and LIES.”
The case continues a second-term clash between the White House and major newsrooms. Trump has also pursued separate defamation suits against outlets including The New York Times, The Wall Street Journal and the BBC, Reuters (opens in new tab) noted. The temporary order expires Oct. 8. According to CNN, one of the plaintiffs, the administration has until Friday to respond, the outlets will file a final brief next Monday, and Kelly has said he will schedule a hearing and rule “expeditiously.”