
Lawyers for CNN, MSNBC and Politico announced that the White House has presented no new evidence to support its claims that their coverage threatens national security, in a court filing asking Judge Timothy Kelly to permanently preserve the right of journalists to enter the White House after Trump revoked their passes last month.
AI-generated summary
US President Donald Trump revoked press passes for CNN, MSNBC and Politico to enter the White House last September, citing their 'negative stories', prompting these organizations to file a lawsuit and restore temporary access, while Judge Timothy Kelly stressed in a preliminary ruling that the White House should follow case law prohibiting revocation of passes without prior notice and opportunity to respond.
(CNN) -- Lawyers for CNN, MSNBC and Politico announced Monday that the White House has presented no new evidence to support its repeated claims that their news coverage "endangered national security."
This argument - contained in a memorandum submitted to the court late Monday - is the last written attempt by these companies to persuade Judge Timothy Kelly to indefinitely maintain the right of CNN, MSNBC and Politico journalists to enter the White House, after US President Donald Trump revoked their press passes last month.
“At each stage thereafter, Defendants have sought to justify the President’s ban on the free press with a series of shifting justifications, oscillating between ill-defined standards of professionalism and vague and contrived concerns about protecting national security,” the memo said.
“But in the meantime, the president himself has continued to tell everyone who will listen the real reason behind the ban; he recently complained at length in an interview with Time magazine that he banned the plaintiffs because he feels he should not be ‘forced to endure’ what he sees as ‘persistent negative stories,'” the memo added.
Kelly is scheduled to hold a hearing on Thursday to consider the news organizations' request for a preliminary injunction. If approved, it will remain in effect for a longer period until the case is decided.
In late September, Trump announced that he would prevent the three institutions from covering his news in the White House, citing their “negative stories.”
CNN, MSNBC, and Politico quickly filed a lawsuit, and were successful in regaining temporary access.
In his initial ruling, Judge Kelly stressed the need for the White House to adhere to case law followed in Washington, D.C., for five decades, which prohibits the White House from revoking the press passes of journalists without prior notification and giving them an opportunity to respond.
In a memorandum Monday, the lawyers asked that the judge allow them to explain why “any additional restrictions on entry” that the administration might try to impose “violate the Constitution.”
The White House "continued to unexpectedly target plaintiffs," including blocking both CNN and Politico from boarding Air Force One over the past few days, the lawyers wrote.
“The Oval Office and Air Force One are this administration's preferred platforms for holding press briefings,” the lawyers added. “The President may not use Air Force One as a flying room for press briefings and then claim that he has discretionary authority - lacking specific criteria - to exclude news organizations based on the content of their coverage or their perceived editorial viewpoint.”
In a previous ruling, the judge - appointed by Trump - flatly rejected the Trump administration's claims that the ban was necessary because coverage of those institutions could harm national security.
The three news organizations - represented by a single legal team - stated that the White House "discriminated and retaliated against them, in violation of the protection afforded to them by the First Amendment to the Constitution as a free press."
Late last week, the Trump administration reiterated its arguments before the judge, claiming that the organizations did not adhere to “standards of professionalism and decency” for publishing sensitive national security details.
The administration is unlikely to succeed in its approach before Judge Kelly, given his prior ruling and the case law it must follow. However, once the judge rules following a hearing scheduled for Thursday, the Trump administration will be able to quickly turn to the appeals court.
77 media organizations, along with several newspaper coalitions, expressed their opposition to the White House's attempts to ban CNN, MSNBC and Politico in court.
A coalition of major news organizations also recently said it remains concerned that other organizations may be prevented from covering the White House in the future.
AI outlook — possibilities, not facts
Judge Timothy Kelly will deny the White House's request to impose additional restrictions on CNN, MSNBC and Politico's access to its headquarters and Air Force One.
Very likely · Within days
The White House will turn to the appeals court immediately after Judge Kelly rules against them at Thursday's hearing
Likely · Within days

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