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OAN Backs White House in Press Pass Suit

Another news outlet that covers the White House has asked to file an amicus brief in CNN's suit against President Donald Trump, but this one is weighing in on the side of the President and the other defendants and in opposition to CNN and its request for a restraining order or preliminary injunction.

While a host of news outlets, including Fox News, have come to CNN and senior White House correspondent Jim Acosta's defense, and various news organizations have filed amicus briefs supporting the suit, conservative One America News Network Friday (Nov. 16) asked the court for permission to weigh in in support of the White House's move to yank Acosta's press pass after he briefly refused to give up the microphone in a press conference where the President appeared uncomfortable with being pushed to answer questions.

That's according to Charles Herring, president of OAN parent Herring Networks

According to its request to file the brief, OAN says it wants to highlight Acosta's "the unreasonable and disruptive behavior"--some have accused him of grandstanding, others argue it is persistence in the face of White House resistance.

OAN says his "unreasonable and disruptive behavior...hinders other reporters from gaining access to Administration leadership to ask questions," which dovetails with press secretary Sarah Sanders' defense of the move.

Acosta described his press conference conduct to the court in a brief as "firmly but politely [persisting] in asking my two questions and trying to get responses."

OAN points out that it has staff reporting from the White House daily, saying that makes it "uniquely qualified" to weigh in on "its experience and mission in covering the White House."

While the court may rule on the temporary restraining order there is also the underlying issue of whether the White House move was an unconstitutional violation of the First Amendment protections of speech and the Fifth Amendment requirement of due process, though even CNN's own legal analyst, Jeffrey Toobin, thinks the First Amendment argument is the network's strongest case. 

The judge said he will reconvene Friday to consider the matter.