The Trump administration defended its ban of MS NOW, CNN and Politico, claiming in new documents that “access to the White House is a privilege — not a right.”

In response to the outlets’ request for a temporary restraining order, the Trump administration filed its defense late Tuesday night, in which they claimed that President Donald Trump’s ban was “not retaliatory because the Government would have taken the same action anyway, notwithstanding Plaintiffs’ speech criticizing the President.”

“Indeed, the President has not revoked access to other outlets that have equally criticized the President,” the filing continued. “Plaintiffs are unlikely to prevail on their due process claims because, even if they have a constitutional right to access the White House, they have received adequate notice and post-deprivation process, including an opportunity to contest the President’s factual findings.”

The document then called on the judge to “deny Plaintiffs’ motion for a temporary restraining order.”

The new filing from the Trump administration comes a day before U.S. District Judge Timothy Kelly is slated to hear arguments from the opposing outlets, who are attempting to block the ban and restore their access to the White House.

On Monday, CNN, Politico and MS NOW sued President Trump and his administration after he banned journalists from their outlets from the White House, stripping them of their access and credentials.

“This morning, we notified the government that we are filing a lawsuit today to protect our First Amendment rights and defend the principle that the government does not decide what the press reports or publishes,” the outlets shared in a joint statement on Monday. “Without notice or process, the White House revoked our journalists’ credentials because it objected to our reporting. Left unchallenged, this threatens press freedom and the public’s right to independent journalism free from government interference.”

Not only did the outlets file a complaint and a memorandum of law in D.C. District Court, they also filed a motion for a temporary restraining order.

The suit was a direct response to Trump’s decision to bar the three outlets from the White House grounds, a decision he shared on Truth Social Friday.

“Media Outlets shouldn’t be able to constantly write or report FICTION and LIES when they’re covering the President of the United States, the Trump Administration, or the United States of America,” Trump wrote at the time. “Other Fake News Media Outlets to follow.”

He doubled down on his sentiment while speaking to reporters that same day, noting, “I don’t think a court should allow fake news to be written day after day after day. I think that somebody has a right to keep them away if they’re going to write false stories all the time.”

Trump added: “There’s something wrong with a country that can allow people to purposely tell negative stories … if they want to write them, that’s fine, but I don’t have to let them into my, into the people’s house.”

The president stood firm in his decision on Monday, bemoaning in a follow-up Truth Social post that the outlets only write “negatively” about him.

“It is called the Oval Office, and it should be treated with Decorum, Respect, and Dignity, not defiled by Third Rate Clowns, who purposefully distort, twist, and degrade with everything they write or publish,” he wrote. “Virtually every story about me, or anything having to do with me, is negative, wrong and, in many cases, DANGEROUS for our Country! No matter how GREAT my Achievements, they trivialize and demean. The fact is, I won all seven Swing States, the Popular Vote, the Electoral College (312 to 226), and the Counties throughout America by 86%, and yet it is reported that I get 94% bad publicity. With such a Crooked and Corrupt Press, how did I win in such a LANDSLIDE? It is because the Media has NO credibility, and that is a very bad thing for our Nation! Why should I have to give ‘access’ to such people? Perhaps Judge Kelly could explain that! In any event, I have an obligation to fight for the Success and Safety of our Country. FAKE NEWS IS A THREAT TO DEMOCRACY, and I will do whatever is necessary to make sure that the U.S.A. thrives.”

Yet, the outlets’ suit has argued that Trump’s ban is a violation of the First and Fifth amendments.

“The President banned CNN, MS NOW and Politico, and the individual reporters covering the news for those media organizations, in disregard of the most basic guarantees of the First Amendment and the Due Process Clause,” their Monday filing stated. “He did so expressly for the improper purpose of retaliating against Plaintiffs for past news coverage because he deemed it ‘negative’ and chilling future reporting about him and his administration’s policies and actions.”

“As a result of the ban, [they] have lost the ability to perform the essential newsgathering at the seat of the Executive Branch, where critically important newsworthy events occur every day … The ban irreparably curtails the organizations’ speech — preventing them from being able to publish stories they otherwise would — each day it remains in effect,” the lawsuit continued. “The ban also impermissibly chills the speech of other news organizations and journalists, who must now balance conducting their constitutionally protected and vitally important work of reporting on the White House against the risk that coverage the president ‘dislike[s]’ will condemn them to the same fate.”