CNN threatens legal action over White House Air Force One ban

CNN attorney Theodore J. Boutrous Jr. threatened more legal action against the White House in Washington over travel access. The move could expand an ongoing federal court battle over press pool access for journalists covering presidential trips.

Boutrous sent a letter late Monday to Justice Department attorney Michael K. Velchik. The White House has continued to block the network from traveling on Air Force One.

The network may take additional action, Boutrous said in the letter. The spaces belong to all Americans, Boutrous wrote.

That is because those spaces belong not to any particular president or administration but to all Americans, and CNN and other members of the press serve as surrogates for the public when covering the White House.

The White House is interfering with network pool duties, Boutrous wrote. The television pool consists of five major networks:

• ABC
• CBS
• NBC
• CNN
• Fox

The member networks alternate assignments. They share travel video with each other.

U.S. District Judge Timothy Kelly ruled that three media outlets were likely to succeed on their claims, Boutrous noted. The outlets claimed the White House violated the First Amendment and due process.

The White House denied CNN travel coverage at least four times, Boutrous wrote. He called the actions unlawful.

If these actions persist, CNN will have no choice but to return to the court to defend its rights, and it is prepared to fight as long as is necessary to secure them.

Boutrous gave the White House two days to respond. The Justice Department did not answer a request for comment.

President Donald Trump barred reporters from CNN, MS NOW and Politico on Sept. 18. Journalists found their security passes deactivated the next day.

Trump called their reporting fake news. Judge Kelly granted a two-week order before issuing a preliminary injunction last week.

The White House denied CNN access for trips to the U.N. General Assembly, Texas and Oklahoma, the letter said. It denied access for a trip to Knoxville, Tennessee.

Officials also denied plane access for travel to Georgia and Florida this month. CNN was the scheduled pool network for every trip.

The White House has offered no explanation, Boutrous wrote. Officials have not stated directly to CNN that it faces exclusion.

A preliminary injunction is a temporary court order that halts specific government actions during litigation. Federal pool rotations allow small groups of journalists to share footage from restricted federal venues across Washington. News organizations often ask judges to enforce access orders when agencies refuse compliance.

The network previously held uninterrupted access to the plane and the Oval Office for 45 years, Boutrous said. The White House had not responded to the letter.