CNN, MS NOW and Politico Seek to Extend White House Access Order, Warn Trump Will ‘Reinstitute a Complete Ban’ Without It

CNN, MS NOW and Politico sought to extend a federal judge’s order temporarily restoring their access to the White House Monday, warning in new court documents that President Donald Trump would “reinstitute a complete ban” without it. The news organizations filed the 49-page memorandum late Monday, in which they asked the D.C. federal court to issue a preliminary injunction blocking Trump and his administration from enforcing a ban on their White House access and credentials. “On September 24, this Court entered an order temporarily prohibiting enforcement of the President’s ban, correctly holding that the administration’s post hoc letters were too little, too late, to satisfy the Due Process Clause under binding Supreme Court and D.C. Circuit precedent,” the filing stated. “Despite this Court’s clear direction that the hard passes of CNN, MS NOW, and POLITICO reporters be “immediately return[ed], reinstat[ed], and restore[d]” … the administration continued to confiscate passes and deny access to journalists who came to work at the White House on September 24, before finally coming into compliance roughly 11 hours after this Court’s order.” The document continued: “And the White House has persisted in unpredictably and inconsistently implementing its ban, including by barring CNN from fulfilling its role as designated television network pooler on September 26—to the detriment of CNN, its fellow pool members and, ultimately, the American public. 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. 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.” Elsewhere in the filing, the outlets argued that “President Trump has continued to justify the ban on the ground that he dislikes Plaintiffs’ coverage of him and his administration without even mentioning national security.” The filing highlighted Attorney General Todd Blanche’s Sunday press appearance, in which he defended Trump’s press ban as a fight against the national security risk of “one-sided news.” “The real reason Defendants imposed the ban – expressed contemporaneously and repeatedly since then – is that the President dislikes Plaintiffs’ supposedly ‘negative’ reporting,” the filing stated. A representative for the White House did not immediately respond to TheWrap’s request for comment. The drama all started on Sept. 18, when Trump took to Truth Social and shared that he was banning the three outlets from the White House for “constantly” writing negatively about his administration. “Media Outlets shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President of the United States, the Trump Administration, or the United States of America,” Trump wrote at the time. “Other Fake News Media Outlets to follow.” He doubled down on his sentiment while speaking to reporters that same day, noting, “I don’t think a court should allow fake news to be written day after day after day. I think that somebody has a right to keep them away if they’re going to write false stories all the time.” Trump added: “There’s something wrong with a country that can allow people to purposely tell negative stories … if they want to write them, that’s fine, but I don’t have to let them into my, into the people’s house.” Then, on Sept. 21, CNN, Politico and MS NOW sued Trump and his administration after their reporters were stripped of their White House access and credentials. “This morning, we notified the government that we are filing a lawsuit today to protect our First Amendment rights and defend the principle that the government does not decide what the press reports or publishes,” the outlets shared in a joint statement. “Without notice or process, the White House revoked our journalists’ credentials because it objected to our reporting. Left unchallenged, this threatens press freedom and the public’s right to independent journalism free from government interference.” Not only did the outlets file a complaint and a memorandum of law in D.C. District Court, they also filed a motion for a temporary restraining order. However, the president stood firm in his decision in the wake of the suit, once again bemoaning in a follow-up Truth Social post that the outlets only write “negatively” about him. “It is called the Oval Office, and it should be treated with Decorum, Respect, and Dignity, not defiled by Third Rate Clowns, who purposefully distort, twist, and degrade with everything they write or publish,” he wrote. “Virtually every story about me, or anything having to do with me, is negative, wrong and, in many cases, DANGEROUS for our Country! No matter how GREAT my Achievements, they trivialize and demean. The fact is, I won all seven Swing States, the Popular Vote, the Electoral College (312 to 226), and the Counties throughout America by 86%, and yet it is reported that I get 94% bad publicity. With such a Crooked and Corrupt Press, how did I win in such a LANDSLIDE? It is because the Media has NO credibility, and that is a very bad thing for our Nation! Why should I have to give ‘access’ to such people? Perhaps Judge Kelly could explain that! In any event, I have an obligation to fight for the Success and Safety of our Country. FAKE NEWS IS A THREAT TO DEMOCRACY, and I will do whatever is necessary to make sure that the U.S.A. thrives.” In the early morning hours Thursday, U.S. District Judge Timothy Kelly ordered the White House to reinstate credentials for reporters at CNN, MS NOW and Politico. However, it wasn’t until noon that day that reporters were able to regain access. Additionally, Judge Kelly declined the administration’s request to delay the order from taking effect. More to come…