A U.S. federal judge heard arguments during a hearing in Washington on Thursday over a bid by CNN, MS NOW and Politico to extend their protection against being banned from the White House by U.S. President Donald Trump. Trump’s bid last month to revoke access by journalists for the three news organizations for publishing what he called “FAKE NEWS” was the latest escalation of his pressure campaign against media coverage he dislikes. The Republican president said he might ban other outlets but was unsure it would hold up in court. U.S. District Judge Timothy Kelly temporarily blocked the ban on Sept. 24, finding it likely violated the outlets’ right to fair treatment under the US Constitution’s Fifth Amendment. The judge did not rule on their claim that the ban violated First Amendment protections against government abridgment of free speech. An attorney for the outlets told Kelly on Thursday that the bans would intimidate reporters and dissuade them 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,” attorney Theodore 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 asked for an order blocking the ban until a final ruling in the case. They say 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 Sept. 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 Nov. 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 York; Editing by Rod Nickel and Will Dunham, Reuters
