Justice Department Asks Judge to Let Trump's Ban on Three News Outlets Stand
The U.S. Department of Justice has asked a federal judge to let President Donald Trump enforce a White House ban on reporters from CNN, Politico and MS Now.
In a court filing, the department argued that access to the White House is a privilege, not a right, and that the ban does not violate the First Amendment, which protects press freedom. It cited national security concerns to justify the exclusion, according to reporting on the filing The Guardian.
The filing asks U.S. District Judge Timothy Kelly to deny relief to the three organizations and permit enforcement of the ban. The government contends Trump acted within his authority over White House Complex access.
According to the filing, Trump concluded the three outlets failed minimum professionalism requirements by relying on anonymous sources and by not giving the White House enough time to comment. His lawyers further claimed the outlets violated decorum, or proper conduct, by publishing classified or sensitive national security information.
The Justice Department sent letters to CNN, Politico and MS Now on 22 September outlining examples of reports it said breached those professionalism and decorum standards. Each letter pointed to specific coverage.
For CNN, the cited incident was reporting on construction of the East Wing bunker under the White House ballroom. For MS Now, it was reporting on an alleged leak investigation. For Politico, it was reporting on how the U.S. Secret Service would invest money into security improvements for Trump's ballroom.
The three news organizations sued Trump on Monday after Trump announced a White House ban on all three for reporting fake news. They asked Kelly to stop Trump from enforcing the ban and to restore their White House hard passes, the long-term credentials for daily entry to briefings and pool coverage. Access is the immediate issue.
Kelly was expected to hold a hearing on the request for a temporary restraining order — a short-term court order that preserves the status quo — on Wednesday at 3:30 p.m. ET. That order would preserve access while the court considers the broader First Amendment claim.
The ban was announced on Friday, when Trump said he was banning CNN, MS NOW and Politico from the White House Reuters. A post on his @realDonaldTrump Truth Social account said a ban on CNN and MSNOW was effective immediately and claimed MSNOW had recently changed its name from MSNBC due to lack of viewership.
The White House then turned away reporters from the three outlets and confiscated the press passes of the CNN, MS NOW and Politico teams Reuters. Two days after their reporters were blocked, the outlets filed a joint First Amendment lawsuit to restore access PBS.
The broader context here is control over physical access to the presidency. Hard passes determine daily presence in briefings, pools and workspaces. Courts have generally treated White House access as subject to management, but with limits when exclusion turns on content of coverage. The hearing will test that line.
Looking at what this means for the parties, the government seeks deference on security and decorum. The outlets seek restoration of prior access pending full litigation. Kelly's decision on interim relief will shape newsgathering in the coming weeks, while leaving the underlying constitutional dispute unresolved.
