The Trump administration says that it was well within its discretion in revoking CNN White House correspondent Jim Acosta's hard pass, rejecting the network's effort to obtain an order to have the credentials immediately restored.
"The stated rationale for the revocation of Mr. Acosta's pass — that he was disrupting press proceedings — is evident from the video he has proffered, is entirely viewpoint- and content-neutral, and clears this limited bar," the administration's attorneys wrote in a filing on Wednesday morning.
"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 wrote.
A federal judge has scheduled a hearing in U.S. District Court in Washington on Wednesday afternoon. CNN is asking for a temporary restraining order and a preliminary injunction.
The brief filed by the administration was on behalf of the defendants in the case, including President Donald Trump, Chief of Staff John Kelly, Press Secretary Sarah Huckabee Sanders, the Secret Service, its director Randolph Alles, and an unnamed agent.
The administration also argued that there was no sense of urgency to warrant a temporary restraining order.
They write that "even if Plaintiffs could show First Amendment harm in the abstract, they cite no critical event expected in the next several weeks that requires immediate judicial intervention pending expedited preliminary injunction briefing. Mr. Acosta remains able to practice his profession and report on the White House. And CNN's straits are even less dire, given that the network has roughly 50 other employees who retain hard passes and who are more than capable of covering the White House complex on CNN's behalf."
This report contains material from Reuters.