By Jack Queen
Oct 8 (Reuters) – A lawyer for CNN, MS NOW and Politico urged a federal judge on Thursday to extend their protection against being barred from the White House by US President Donald Trump, while the Justice Department defended the bans as fair and justified.
US District Judge Timothy Kelly promised a ruling by Tuesday, when a temporary block he placed on the ban expires, after holding a hearing in Washington. The three news outlets are seeking a court order halting the ban while their lawsuit challenging Trump’s action as unconstitutional plays out.
Trump’s bid last month to revoke access by journalists for CNN, MS NOW and Politico for publishing what he called “FAKE NEWS” was the latest escalation of his pressure campaign against media coverage he dislikes.
In temporarily blocking the ban, the judge said on September 24 that the action likely violated the outlets’ right to due process, or fair treatment, under the US Constitution’s Fifth Amendment.
Theodore Boutrous, an attorney for the outlets, told Kelly on Thursday that the ban also violated First Amendment protections against government abridgment of free speech and would dissuade reporters from publishing stories that might reflect poorly on Trump.
“Here we have the unusual situation where the president himself has said he wants to chill speech. He wants to coerce better coverage,” Boutrous told the judge.
Justice Department lawyer Michael Velchik said the outlets failed to meet standards of journalistic professionalism because they published classified and false information, allegations they deny.
“CNN, MS NOW and Politico engaged in apparently indefensible conduct,” Velchik said.
The outlets have said the revocation of their passes was unlawful retaliation for their coverage and accused the administration of coming up with meritless national security concerns to justify the ban.
Trump announced the ban on his social media platform, saying those news organizations “shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President of the United States.” The Justice Department has emphasized Trump’s contention that the ban is legally justified on national security grounds.
Justice Department lawyers have said the outlets endangered national security by publishing classified information, citing stories about construction of Trump’s White House ballroom and turnout at the recent Republican midterm convention.
Kelly was skeptical of the government’s arguments at a September 23 hearing. Kelly blocked Trump during his first term in office from revoking CNN reporter Jim Acosta’s White House pass, finding the decision was not transparent or fair.
The legal battle comes just weeks before the November 3 midterm elections in which Republicans are fighting to retain control of Congress. Trump’s job approval ratings are at the lowest of his political career in opinion polls amid concerns over the Iran war and inflation.
(Reporting by Jack Queen in New YorkEditing by Will Dunham)
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