DOJ says Trump can bar CNN, MS NOW and Politico from White House

Mixed · 2In a court filing on Oct 2, the Justice Department argued that President Donald Trump can legally bar CNN, MS NOW and Politico from the White House grounds. 1 2 Right · 1The filing says presidents "have long decided which journalists should receive privileged access, which has varied substantially from administration to administration". 2 Centre · 1The DOJ argues Trump determined the outlets did not meet the "minimum requirements of professionalism", and that publishing classified and sensitive national security information is "a significant violation of decorum". 1

Mixed · 2Trump announced the ban on Sept 18. The outlets sued, and a federal judge issued a 14-day temporary restraining order requiring the White House to restore their press passes. That order expires on Oct 8. 2 1 Mixed · 2The outlets now seek a preliminary injunction to extend access, arguing the ban violates their First and Fifth Amendment rights. They say Trump imposed it to coerce favourable coverage and punish reporting he dislikes, and that the White House later "got to work backfilling contrived justifications". 1 2 Right · 1The filing says the administration would have "taken the same action anyway" regardless of the outlets' criticism of Trump. It also says denying special access is not an adverse action that would chill reporting. The White House says the outlets failed professional standards, threatened national security or spread falsehoods, claims the outlets vigorously oppose. 2

Right · 1The DOJ says the outlets did not contest the revocation to the White House by a Sept 25 deadline, so the decision became "final", although the court's order blocked it from taking effect. 2 Centre · 1Judge Timothy J. Kelly, a Trump appointee, says he is bound by the 1977 D.C. Circuit ruling Sherrill v. Knight, which held that press access must not be denied arbitrarily or for less than compelling reasons. The DOJ argues Sherrill still allows the restriction because the White House has a compelling interest. 1 Centre · 1In granting the restraining order, Kelly found the White House failed to provide due process. The DOJ's letters to the outlets were sent Sept. 22, four days after the ban began, and Kelly noted they left open that the stories fell into the "spread falsehoods" category rather than national security. 1

Mixed · 2Even after access was restored, Trump twice excluded CNN from the TV pool, which five networks rotate. The other networks declined to substitute, leaving no pool coverage on those occasions. CNN has also been restricted from travel on Air Force One. 2 1 Mixed · 2Asked whether it would reimpose the ban if the court declined to keep blocking it, the White House responded with a statement praising Trump's accessibility. Kelly has set a hearing for Thursday and said he will rule "expeditiously". 2 1