WASHINGTON – The Trump administration wants to be able to reinstate the White House ban on three major media outlets within days, the Department of Justice said in an Oct. 2 court filing.
DOJ lawyers representing President Donald Trump wrote in the filing that the federal trial court in Washington, DC, shouldn't issue a preliminary order that would block the president's ban until after a final ruling is made on whether it is legal. U.S. District Judge Timothy Kelly, a Trump appointee, already issued a temporary restraining order Sept. 24 halting the ban, but that's set to expire around Oct. 8.
CNN, MS NOW and Politico, the three targeted news outlets, asked for the longer-term protection Sept. 28, writing in a court filing 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."
Despite reinstating the press passes that provide access to the White House complex, the Trump administration has blocked CNN from traveling on Air Force One. The moves have sparked alarm among free speech advocates who have argued that undermining a free press can weaken democracy.
Trump announced the ban on social media Sept. 18, telling reporters later that day that he was frustrated by “cumulative stories over the last few years” from what he described as the “fake news.”
The news outlets sued after their reporters were denied White House entry Sept. 19, arguing that Trump violated their constitutional rights to free speech and to fair process before losing access. While the ban blocks the reporters' ability to access the White House in person, it doesn't prevent them from continuing to report on the president.
The Trump administration has argued in court that access to the White House is a privilege, not a right, and that the targeted outlets pose national security risks because of their reporting on classified and sensitive information.
However, Kelly wrote in his earlier order suspending the ban for 14 days that none of the evidence from before the news outlets sued suggested that was the true motivation. He concluded that the ban probably violated the news outlets' constitutional right to a fair process before losing White House access.
The news outlets "did not receive notice and an opportunity to be heard before their hard passes were revoked," Kelly wrote.
This article originally appeared on USA TODAY: Trump seeks ability to again ban media outlets from White House
