CNN, MS NOW, and Politico are scheduled to appear in Washington federal court on Thursday to ask a judge to permanently block the White House from revoking their press credentials. President Donald Trump's administration had revoked the outlets' access, which Trump stated was due to their publishing of "FAKE NEWS." The outlets argue this action is unlawful retaliation for their coverage and that the administration is using unsubstantiated national security concerns to justify the ban.
US District Judge Timothy Kelly had previously issued a temporary block on the ban on September 24, finding that it likely violated the outlets' right to fair treatment under the Fifth Amendment. However, he did not rule on the outlets' claim that the ban infringed upon their First Amendment free speech rights. The outlets are now seeking an order to block the ban until a final ruling is made.
Justice Department lawyers contend that the outlets endangered national security by publishing classified information, citing reports on the construction of Trump's White House ballroom and attendance at a recent Republican midterm convention. During a September 23 hearing, Judge Kelly expressed skepticism regarding the government's arguments. In a previous instance during Trump's first term, Kelly had blocked the president from revoking CNN reporter Jim Acosta's White House pass, deeming the decision lacking transparency and fairness.
This legal dispute unfolds just weeks before the November 3 midterm elections, where Republicans, aligned with Trump, are striving to maintain control of Congress. Opinion polls indicate that Trump's job approval ratings are at their lowest point amid concerns over the Iran war and inflation.