CNN, MS NOW and Politico are returning to federal court in Washington, D.C., on October 8 to seek longer-term protection against President Donald Trump’s decision to revoke their White House press credentials. According to MSN, the three news organizations are asking U.S. District Judge Timothy Kelly to extend a temporary ruling blocking the administration from enforcing the ban.

The networks are arguing that their credentials were revoked in retaliation for coverage Trump criticized as “FAKE NEWS.” The MSN article notes that on September 24, Kelly temporarily blocked the restrictions after finding that the administration’s actions likely violated the outlets’ Fifth Amendment rights to fair treatment. However, he did not rule on their separate First Amendment claims.

The outlets are now asking the court to protect them until it reaches a final decision. They also dispute the administration’s national security concerns, arguing those claims were used to justify removing their credentials.

Justice Department attorneys defended the restrictions, claiming the outlets endangered national security by publishing classified information. The government cited reporting about Trump’s White House ballroom construction and attendance at a Republican midterm convention.

As mxdwn previously reported, CNN and MS NOW journalists were denied access to Chinese President Xi Jinping’s White House arrival despite Kelly’s earlier ruling restoring their general access.

That report detailed how CNN was permitted to send a photojournalist and audio technician but not its reporter or producer, while other television networks were allowed their reporting teams. Both outlets continued covering the event digitally, raising questions about how the administration was implementing the court’s order.

Kelly previously handled another White House press dispute during Trump’s first term, blocking the administration from revoking CNN reporter Jim Acosta’s credentials because the process lacked transparency and fairness.

The latest legal battle comes ahead of the November 3 midterm elections, with Republicans seeking to maintain control of Congress.

The court must now determine whether the three outlets can maintain their White House access while their lawsuit continues. The broader constitutional questions remain unresolved.