The Justice Department filed a memorandum in response on Wednesday to CNN’s lawsuit over the revocation of Jim Acosta’s access, stating that the White House reserves the right to select which journalists receive interviews and are called upon during press conferences.
“No journalist has a First Amendment right to enter the White House,” lawyers said in the filing. They clarified that the purpose of the revocation was that “the White House has determined that it wants to scale back its interactions with a particular journalist, [and] denying that journalist a hard pass is a permissible way to accomplish that goal.”
A hearing has been scheduled for Wednesday at 3:30 PM, with Judge Timothy J. Kelly, a Trump appointee, presiding.
CNN has asked the judge for emergency relief via temporary restraining order and preliminary injunction that would restore Acosta’s access immediately.
Lawyers for CNN argue in favor of the restraining order and injunction, alleging that Acosta and CNN would otherwise be irreparably injured by the deprivation of First Amendment rights.
The government quoted a Tweet by White House Press Secretary Sarah Sanders announcing Acosta’s suspension, calling his conduct “inappropriate.”
In regard to CNN’s requests for a temporary restraining order and injunction, the government asserts that it would frustrate efforts to prevent disruption “if Mr. Acosta is granted continued access to the White House while his status is under adjudication.”