Defending Trump media ban, DOJ cites national security and says White House access is a ‘privilege’

DOJ Files Court Response Defending Revocation of White House Access for CNN, Politico and MS NOW

The Department of Justice stated in a court filing submitted late Tuesday that the Trump administration possesses authority to revoke White House access for CNN, Politico and MS NOW. The filing describes such access as a privilege and references national security considerations. It asks a federal judge to deny the outlets’ request for a temporary restraining order that would restore their credentials ahead of a Wednesday hearing.

The administration maintains that the revocations do not infringe First Amendment protections. The filing states: “Access to the White House is a privilege—not a right.” It asserts that the three organizations “failed to maintain basic minimum ‘standards of professionalism and decorum expected of those given access to the White House Complex,’” including by “publishing sensitive or classified information,” according to DOJ attorney Michael Velchik.

Individual letters sent Tuesday by the White House Press Office to each outlet listed a non-exhaustive set of reporting incidents the administration said threatened national security or spread falsehoods. The cited stories concerned construction details related to the East Wing bunker, funding for the White House ballroom, munitions stockpiles affected by the Iran conflict, and sanctions against Russia. The letters set a deadline of 5 p.m. Friday for the organizations to contest the initial decision; failure to respond would render the decision final.

The outlets did not immediately comment on the filing’s assertions. CNN, Politico and MS NOW filed suit Monday, contending that the revocations violated their due process rights and First Amendment protections for newsgathering and speech. The complaint states the suit was brought “to protect our First Amendment rights and defend the principle that the government does not decide what the press reports or publishes.”

U.S. District Judge Timothy Kelly, appointed by President Trump in 2017, will hear the request for interim relief. In 2018, Kelly ruled against the administration in a separate credential dispute involving then-CNN reporter Jim Acosta, finding that the withdrawal of access without adequate process raised constitutional concerns.

President Trump announced the revocations Friday on Truth Social, stating he was “proud to announce” the action effective immediately. He attributed the decision to what he described as constant “reporting” of “FAKE NEWS” and “FICTION and LIES” by the outlets when covering the administration or the United States. He indicated additional outlets could face similar measures.

Reporters from the three organizations, including MS NOW’s Akayla Gardner, CNN’s Betsy Klein and Politico’s Cheyenne Haslett, had their hard passes deactivated and credentials confiscated. On Tuesday, Trump said he would “probably” restore access if a court ruled against the administration.

During his address to the United Nations General Assembly in New York, Trump told CNN reporter Kaitlan Collins she “shouldn’t be here” because “You said you weren’t going to cover me.” Collins replied that CNN had not made such a statement and remained credentialed by the United Nations.

Several television networks declined to provide pool coverage of the president’s activities this week, resulting in the absence of pooled video and audio. The pool system, under which one network covers an event and distributes material to others, has operated across administrations of both parties for decades. Print and radio pools continue, and individual networks including NBC News are covering events open to the press outside the pool arrangement. TV pool coverage for other administration events remains in place.

The filing and lawsuit present competing positions on the scope of presidential discretion over White House grounds access and the procedural requirements that must accompany any revocation. Judge Kelly’s Wednesday ruling will address only the request for temporary relief.