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CNN and Acosta's lawyers say time is running out as his rights are violated every day his pass is suspended.
They are also seeking to declare that Trump's action was "unconstitutional, in violation of the First Amendment and the Rule of Procedure of the Fifth Amendment". This could protect other journalists from similar actions in the future.
The member quotes a tweet from Sarah Sanders, press secretary at the White House, in which she announced the suspension of Acosta's pass and said her "conduct is absolutely unacceptable".
The "conduct" mentioned by Sanders in the tweet quoted by government lawyers actually refers to a false and abandoned argument that Sanders had advanced following the press conference – that Acosta "put his hand on a young woman trying to do his job as a trainee at the White House. "
The administration has departed from this argument in recent days and this does not appear in the government's first legal comment on the case on Wednesday. Even when the depot quotes Sanders' tweets directly, he omits this part.
Government lawyers said in a statement Wednesday that the back and forth between President Trump and Acosta at last week's press conference, at which Trump had sharply criticized Acosta, was called a "fair trial". ". They also quote Sanders' statement the night of this press conference as "a notification of the factual basis of the denial".
"The president had also criticized the behavior of Mr. Acosta at this press conference, which complements the opinion of Ms. Sanders," the government said.
The government also claimed that the ban on one of its journalists could not hurt CNN, saying that "the network has about 50 other employees who retain passes and who are more than capable of covering the White House complex on behalf of CNN. "
"It's a very, very important case," Olson said. Olson, a Republican heavyweight who successfully pleaded for George W. Bush in Bush v. Gore, represents CNN alongside another reputable outside lawyer, Theodore Boutrous, and the network's chief counsel, David Vigilante.
Olson said on Tuesday that it was Acosta whose press card was suspended this time, but that "it could happen to any journalist, regardless of the policy."
He spoke forcefully against the action of Trump. "The White House can not get away with it," he said in an interview with Brooke Baldwin, CNN presenter.
CNN's lawyers say that the case depends on CNA's rights to Acosta and the First Amendment. the changing logics behind the ban; and the administration's failure to comply with federal press licensing regulations, alleging a violation of the rights of the Fifth Amendment.
Tuesday's lawsuit rejected the White House's claim that Acosta acted inappropriately at a press conference last week. The costume says it's really about Trump's dislike for Acosta.
According to CNN's lawsuit, "it can be reasonably inferred from the conduct of the defendants that they revoked the powers of Acosta as a form of discrimination based on content and views and in retaliation for Exercise by the applicants of the protected activity of the first amendment ".
Many media rights experts, not affiliated with CNN, believe the network has a very strong case.
Judge Andrew Napolitano, Trump's most trusted legal analyst, Fox News, said the same thing on Tuesday. "I think this will be resolved quickly," he said, adding that "the problem will be solved or that CNN will prevail on motion".
If there is no regulation, CNN requests a jury trial.
In an interview with Wolf Blitzer, Boutrous said that government officials were being prosecuted "in their official role", but "it is possible that actions for damages are brought", which would amount to pursuing them personally.
Blitzer stressed that officials should "go out and hire their own lawyers".
It is extremely rare to see a press organ suing a president.
Other news agencies are now alongside CNN. In a statement Wednesday, Associated Press, Bloomberg, First Look Media, Fox News, Gannett, NBC News, New York Times, Politico, USA Today and Washington Post said, "That the news of the day National Security, economy or environment, reporters covering the White House must remain free to ask questions.It is imperative that independent journalists have access to the president and his activities and that journalists are not banned for arbitrary reasons. fundamental constitutional right to question this president, or any president.We will table court memoirs to support the lawsuits filed by CNN and Jim Acosta on the basis of these principles. "
Fred Ryan, publisher and CEO of The Washington Post, expressed his support for the action Tuesday night. "We support CNN's efforts to restore the press credentials of its reporter to the White House," said Ryan. "It's the journalist's role to ask difficult questions, to hold the powerful accountable and to provide readers with as much information as possible."
The White House Correspondents Association also supports CNN. The group said on Tuesday that the president "should not worry about arbitrarily choosing the men and women who cover him".
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