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CNN, MS NOW and Politico say their reporters were once again denied entry to the White House by the Secret Service on Thursday, despite a court ruling ordering their access to be restored.
In response, the three media outlets have requested an urgent court hearing, alleging that the White House has defied the judge’s order.
Earlier in the day, a federal judge had ordered the White House to reinstate press access for the three outlets after their reporters’ credentials were revoked.
Judge Timothy Kelly ruled the bans violated basic due-process protections, since the outlets weren’t given notice or a chance to challenge the decision before losing access.
CNN, MS NOW and Politico filed a joint lawsuit asking for a temporary restraining order against the ban on the grounds that it violates the First Amendment of the US Constitution, which upholds the right to a free press.
Citing established legal principle, Kelly noted that the US government cannot strip someone of a constitutionally protected interest without first affording them an opportunity to state their case.
“The ‘general rule’ is that individuals must receive notice and an opportunity to be heard before the Government deprives them’ of a constitutionally protected interest,” Kelly wrote in his judgment seen by CNN.
The ruling requires immediate reinstatement of the affected outlets’ access to the White House premises.
National security claim unravels
Trump announced the ban in a Friday social media post, accusing the outlets of “FAKE NEWS” reporting and warning other media organizations could follow, but the administration didn’t spell out any process for appealing the decision until the following Wednesday — days after the reporters’ passes were confiscated.
In court, Justice Department lawyers argued the bans were justified on national security grounds, pointing to stories including one on plans to build a bunker beneath the East Wing, but the outlets’ attorney countered that national security had not been mentioned when the ban was first announced and appeared to have been introduced only after the lawsuit was filed.
Kelly’s ruling noted that the East Wing story the administration cited had in fact been published months ago and current CNN senior white house reporter Betsy Klein’s press pass had been renewed after that, undermining the timeline of the government’s argument.
The judge’s decision came after nearly 50 news organizations, including the major broadcast networks in the US, had rallied in support of the banned outlets, with some halting White House pool coverage in solidarity.
“The public has a vital interest in receiving accurate, independent information about its government. No administration should restrict a news organization because it objects to its reporting,” ABC, CBS, CNN, Fox and NBC said.
The decision was published just hours after Trump greeted his Chinese counterpart, Xi Jinping on Wednesday, for his three-day state visit, as their top officials agreed to prolong a trade truce until January.