Press Pool Disputes: News Outlets Amend Lawsuit Against White House

CNN, MS NOW, and Politico filed an amended lawsuit on Wednesday, October 28, against the White House press ban. The legal update accuses the administration of continuing to discriminate against the three outlets by excluding them from the presidential press pool.

The amended complaint argues that the White House is violating the First and Fifth Amendments. The dispute centers on the press pool, a long-standing system where news organizations take turns covering the president in close quarters, including aboard Air Force One and within the Oval Office. The plaintiffs state that while they do not claim an unrestricted right to these spaces, the administration cannot exclude them from those areas once access is opened to other journalists because of a dislike for their coverage.

Since President Donald Trump announced the original ban on September 18, CNN has been barred from its scheduled Air Force One pool assignments on six separate occasions. Politico has missed two out-of-town pool assignments, and MS NOW has not participated in the secondary television pool since the ban took effect. The lawsuit notes that CNN has served as the designated television pooler for more than four decades, and the other major networks have expressed support for CNN during the conflict.

The legal action follows a preliminary injunction granted by US District Judge Timothy P. Kelly two weeks ago. Kelly found that the ban likely violated the First Amendment by discriminating against journalists based on their coverage. The judge had previously issued a temporary restraining order on Fifth Amendment grounds. Although the White House complied with the court's order and reinstated press credentials, the three outlets maintain that the administration has retaliated by disrupting pool rotations.

Ted Boutrous, the outside counsel for the news outlets, threatened further legal action in a letter sent last week. He requested confirmation that the administration would abandon its policy of excluding CNN from the Oval Office and Air Force One. The White House did not respond to the letter. Boutrous noted that the administration appears to be relying on a separate, non-binding appeals court ruling involving The Associated Press. That panel stated in June 2025 that restricted spaces like Air Force One are not First Amendment fora opened for private speech.

The amended complaint asks the court to declare the ban unlawful and enter permanent injunctive relief for the three news organizations. The lawsuit cites data showing that 97% of the nearly 5,000 questions President Trump has answered from reporters in traditional areas were either in the Oval Office or during Air Force One travel. Boutrous said in a statement that the exclusions are intended to punish and chill coverage that the president dislikes. He stated that CNN, MS NOW, and Politico will continue to fight to vindicate their rights to report the news.

The next step is for the court to review the amended complaint. The filing seeks a declaration that the president's ban and the White House's subsequent actions are unconstitutional. The plaintiffs are requesting a permanent injunction to stop the continued exclusions from specific White House press areas.