Justice Department Says Trump Has Power to Keep CNN, MS NOW and Politico Out of White House

The U.S. Department of Justice has backed President Donald Trump's move to exclude CNN, MS NOW and Politico from the White House, telling a court that access to restricted presidential areas is a privilege rather than a right protected by the Constitution. The department's position was laid out in a court filing before a hearing scheduled for Wednesday, September 23, in Washington. The three news organizations are asking the court to immediately restore their White House access while their lawsuit moves forward. Trump announced the ban last Friday, claiming the outlets repeatedly published what he called fake news and saying they would no longer be allowed into the White House. The next day, journalists from CNN, MS NOW and Politico were turned away from White House grounds and had their credentials deactivated. The three outlets then sued the Trump administration, saying the ban violates First Amendment protections for free speech and a free press. They are requesting a temporary restraining order so their journalists can return to the White House while the broader legal challenge is litigated. In their filing, the outlets said: "This ban could not be a more direct assault on the First Amendment nor a more blatant violation of our most fundamental constitutional principles." The Justice Department rejects that view. It argues that the president controls journalists' access to sensitive or restricted parts of the White House, including areas such as the Oval Office. In its filing, the department said: "Access to the White House is a privilege not a right." The government says the White House sent letters to the three organizations explaining why they were excluded and pointing to reporting it claims endangered national security and spread false information. CNN said the allegations cited against it included its reporting on Trump's proposed bunker beneath the East Wing ballroom and its coverage of the Iran war. The news organizations dispute the administration's description of their reporting. CNN has said it stands by its White House journalists and their work. Trump first announced the ban on Truth Social, writing that media organizations should not be allowed to repeatedly publish what he regards as false information while covering the president. The three outlets contend the administration is punishing them for their journalism. They also argue that if the ban is allowed to stand, the government could decide which news organizations receive access based on their coverage. The fight has also disrupted pooled coverage of the president. Several major U.S. television networks pulled out of the White House television press pool after CNN was blocked from carrying out a scheduled pool assignment. The pool generally uses a rotating group of journalists to provide coverage shared with other news organizations. Even after being barred from the White House, journalists from the affected outlets kept covering Trump during his trip to the United Nations General Assembly in New York using credentials issued by the U.N. While speaking with reporters at the U.N. on Tuesday, September 22, Trump questioned CNN's presence, telling the network's journalists: "Im surprised that CNN is here covering me, you shouldnt be here." The case is before U.S. District Judge Timothy Kelly, whom Trump appointed to the federal bench during his first term. The court is expected to weigh whether to temporarily restore the outlets' White House access while their lawsuit challenging the ban continues. The administration says the restrictions fall within the president's authority. CNN, MS NOW and Politico argue that excluding them because of their journalism amounts to unconstitutional viewpoint discrimination. No final ruling has been issued on the merits of those claims.