Trump and the media take their battle to court

Donald Trump’s feud with the media faces a test when a court rules whether to restore White House access for a CNN reporter.

CNN's Jim Acosta walks into federal court in Washington yesterday. Picture: AP

Donald Trump’s escalating feud with the US media faces a test early today when a court rules whether to restore access to the White House for a CNN reporter.

The showdown between the White House and CNN is quickly morphing into a broader battle between the President and America’s media over the coverage of his presidency, after the conservative Fox News and other media organisations backed CNN.

In a rare alliance, Fox News yesterday backed CNN’s lawsuit against the Trump adminis­tration, saying press passes for White House journalists should never be “weaponised”.

The administration told the Washington federal district court it had “broad discretion” to restrict and regulate which journalists had access to the White House.

The court battle came amid other White House dramas when the President sacked deputy nat­ional security adviser Mira Ricardel a day after first lady Melania Trump issued an extraordinary public rebuke, saying she “no longer deserves the honour of serving in this White House”. The first lady and Ms Ricardel fell out over the planning and coverage of Mrs Trump’s recent trip to Africa.

It comes amid growing speculation about further shake-ups in the administration, including the rumoured departure of chief of staff John Kelly and the Homeland Security Secretary, Kirstjen ­Nielsen.

The escalating dispute between the White House and CNN has seen US media organisations back CNN, fearing that the White House’s decision to suspend the pass of CNN reporter Jim Acosta could become a disturbing precedent

Fox News — which regularly criticises CNN’s liberal bias — backed CNN in the dispute.

“Fox News supports CNN in its legal effort to regain its White House reporter’s press credential. We intend to file an amicus brief with the US District Court,” Fox News president Jay Wallace said.

“Secret Service passes for working White House journalists should never be weaponised. While we don’t condone the growing antagonistic tone by both the President and press at recent media avails, we support a free press, access and open exchanges for the American people.”

NBC News, the Associated Press, Bloomberg, Gannett, The New York Times, Politico, USA Today, The Washington Post and other outlets also are preparing to file briefs backing CNN’s lawsuit.

“Whether the news of the day concerns national security, the economy, or the environment, reporters covering the White House must remain free to ask questions,” the news outlets said in a joint statement.

“It is imperative that independent journalists have access to the President and his activities, and that journalists are not barred for arbitrary reasons.

“Our news organisations support the fundamental constitutional right to question this president, or any president.”

Mr Trump said he would await the verdict of the court in response to the CNN challenge to restore Mr Acosta’s credentials.

“I don’t know, we should … We’ll see how the court rules. Is it freedom of the press when somebody comes in and starts screaming questions and won’t sit down?” he said yesterday.

White House lawyers told the court they do not believe Mr Acosta’s constitutional rights were infringed in suspending him from the White House.

“The President and White House possess the same broad discretion to regulate access to the White House for journalists (and other members of the public) that they possess to select which journalists receive interviews, or which journalists they acknowledge at press conferences,” the lawyers said in a filing.

In a hearing yesterday, judge Timothy Kelly questioned CNN lawyers saying “we’ve all seen the clip” and that Acosta “continued speaking after his time ­expired” and “wouldn’t give up his microphone”.

CNN has accused Mr Trump and the White House of violating Acosta’s first and fifth amendment rights of free speech and due process, respectively and has asked for a court order that his pass be restored. “While the suit is specific to CNN and Acosta, this could have happened to anyone,” CNN said. “If left unchallenged, the actions of the White House would create a dangerous, chilling effect for any journalist who covers our elected officials.”

The White House revoked Acosta’s pass after a testy exchange between the reporter and the President over migrant policy in which the White House accused him of refusing to surrender the microphone to an intern. “After Mr Acosta asked the President two questions — each of which the President answered — he physically refused to surrender the White House microphone to an intern, so that other reporters might ask their questions,” press secretary Sarah Sanders said.

Cameron Stewart is also US contributor for Sky News Australia