CNN, MS NOW and Politico are due in a Washington federal court on Thursday to seek an extension of their protection against being barred from the White House under an order by President Donald Trump.
The outlets are challenging the administration’s decision to revoke their access after Trump accused them of publishing what he described as “FAKE NEWS”.
The move was part of a broader dispute over media coverage that Trump has criticised, with the president also saying he could bar other outlets, although he was uncertain whether such action would withstand legal scrutiny.
U.S. District Judge Timothy Kelly temporarily blocked the ban on September 24, ruling that the outlets were likely to succeed in showing that the administration had violated their right to fair treatment under the Fifth Amendment.
READ ALSO:Â White House Restores Access for CNN, MS NOW, Politico
However, Kelly did not rule on their separate claim that the ban violated their First Amendment free speech rights.
The media organisations have asked the court to maintain the injunction until a final decision is reached, arguing that the withdrawal of their access amounted to unlawful retaliation for their reporting.
They also accused the administration of invoking national security concerns without sufficient justification to support the ban.
Justice Department lawyers, however, argued that the outlets had endangered national security by publishing classified information.
The government cited reports concerning the construction of a ballroom at the White House and attendance at the recent Republican midterm convention.
Kelly expressed doubts about the government’s arguments during a September 23 hearing.
The judge had also ruled during Trump’s first term that the administration could not revoke the White House press pass of CNN reporter Jim Acosta without following a fair and transparent process.
The case comes less than a month before the November 3 midterm elections, in which Republicans are seeking to retain control of Congress.
