CNN, MS NOW, Politico ask judge to extend block on Trump's White House press ban

CNN, MS NOW and Politico asked US District Judge Timothy Kelly late Monday to issue a court order preserving their White House access while their lawsuit against President Trump's ban proceeds. The filing asks for a preliminary injunction blocking the bans until a final ruling in the case, arguing the ban is an "unlawful assault on the most fundamental First Amendment freedoms" that will inflict "irreparable harm" on the outlets and the public if not restrained.

Kelly had previously issued a 14-day temporary restraining order blocking the bans, effective until at least October 8, after finding they likely violated the news outlets' due process rights. The order restored the outlets' press badges, which had been confiscated after Trump announced the ban on September 18, though it took nearly 12 hours after the ruling for journalists to regain access to the building.

The outlets argued in their filing that the administration's actions since the badges were restored underscore that its "motive is to punish and chill journalism they dislike." They pointed to Saturday's trip to Tennessee, during which the White House refused to allow CNN to join Trump on Air Force One as the designated pool reporter. "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," the filing states.

The Justice Department has argued that Trump's ban was lawful, saying his coverage determination threatened national security by revealing classified information and that the president has the right to enforce "minimum standards for bona fide journalists." But Kelly rejected the national security justification in his TRO ruling, writing that "nothing in the record that predates this suit suggests that the revocation of the Plaintiffs' hard passes was motivated by national security concerns." He noted Trump's own September 18 social media post, in which the president said he was banning the outlets for "reporting FAKE NEWS" and that they "shouldn't be able to constantly write or report FICTION and LIES."

Kelly ruled solely on due process grounds, finding the administration failed to provide the outlets adequate notice or a chance to challenge the ban before implementing it. The outlets are separately pursuing First Amendment claims, arguing the ban constitutes unlawful viewpoint discrimination. Kelly issued a similar due process ruling in 2018 involving then-CNN correspondent Jim Acosta.

Trump has frequently clashed with the media during his second term and has personally sued outlets including the New York Times, Wall Street Journal and BBC for defamation. The Trump administration has until Friday to respond to Monday's filing, and Kelly said he plans to rule "expeditiously."