By Jack Queen
NEW YORK, Oct 8 (Reuters) - CNN, MS NOW and Politico are due in Washington federal court on Thursday as they urge a judge to extend their protection against being banned from the White House on President Donald Trump’s order.
Trump’s revocation of the outlets’ access for publishing what he said was “FAKE NEWS” was the latest escalation of his pressure campaign against media coverage he dislikes. He said he might ban other outlets but was unsure it would hold up in court.
US District Judge
Timothy Kelly temporarily blocked the ban on September 24, finding it likely violated the outlets’ right to fair treatment under the Constitution's Fifth Amendment. He did not rule on the outlets’ claim that the ban violated their First Amendment free speech rights.
The outlets have asked for an order blocking the ban until a final ruling. They say the revocation of their passes was unlawful retaliation for their coverage and accused the administration of coming up with meritless national security concerns to justify the ban.
Justice Department lawyers say the outlets endangered national security by publishing classified information, citing stories about construction of Trump's White House ballroom and turnout at the recent Republican midterm convention.
Kelly was skeptical of the government’s arguments at a September 23 hearing. Kelly blocked Trump during his first term from revoking CNN reporter Jim Acosta’s White House pass, finding the decision was not transparent or fair.
The legal battle comes just weeks before the November 3 midterm elections in which Trump's fellow Republicans are fighting to retain control of Congress. Trump's job approval ratings are at the lowest of his political career in opinion polls amid concerns over the Iran war and inflation.
(Reporting by Jack Queen in New YorkEditing by Rod Nickel)
