Three news organisations banished from White House grounds asked a court late Monday to block enforcement of the action until the case is resolved, saying the Trump administration has “persisted in unpredictably and inconsistently implementing its ban” despite a judge's restraining order, including by barring CNN from fulfilling its role in the White House television pool over the weekend.
“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 CNN, MS NOW and Politico 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.
Plaintiffs accuse White House of retaliation
In a statement, the plaintiffs reiterated that Trump's ban on the three news outlets was “a blatant violation of the First Amendment and due process.”
“The president and his administration have continued to make clear that this ban has only one purpose: to punish reporting he doesn't like,” said Theodore J. Boutrous, the plaintiffs' lead attorney.
“That's retaliation and viewpoint discrimination, pure and simple," Boutrous said in a statement emailed to The Associated Press. "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.”
Trump administration defends White House access
The filing came a day after the Trump administration made clear it was not backing down from its contention that the sudden 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, returning to an argument the administration has made since the beginning. “It is a privilege, and not a right, to be there.”
CNN removal sparks broadcast pool dispute
The new 42-page filing Monday reiterated many of the arguments that the news outlets made in their original lawsuit against Trump and the White House, filed two days after the reporters were banned. It also added mention of the White House broadcast pool rotation, which has become the battleground in the last few days in the standoff between Trump and the media.
When the ban was implemented, CNN was removed from its pool duties as part of the broadcast pool, which consists of the five main networks: CNN, ABC, CBS, NBC and Fox News. In solidarity, 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 banned the network from Air Force One, preventing it from covering Trump's trip to a college football game in Tennessee.