CNN, MS NOW and Politico Sue Trump Over White House Ban; Justice Department Urges Court to Reject Suit
A federal judge in Washington will weigh whether the president can bar news outlets from the White House over their coverage.
What we know
- CNN, MS NOW and Politico sued President Trump on Monday, saying the ban on their White House access violates their First Amendment free speech rights and Fifth Amendment due process rights. [1] [2]
- In a late Tuesday filing, the Justice Department asked the court to deny the outlets' request to restore access, arguing that access to the White House is a privilege, not a right. [2]
- The federal court in Washington, D.C., planned an emergency session for Wednesday afternoon on the case. [2]
- The White House has set a Friday deadline for the outlets to submit written complaints contesting the ban. [2]
- Not yet confirmed: How the judge will rule is not known. NPR did not report that any specific story was identified as containing classified information.
CNN, MS NOW and Politico have asked a federal judge in Washington to restore their access to the White House, saying President Trump barred them to punish coverage he dislikes. The outlets filed suit Monday. [1][2]
The lawsuit says the ban violates their First Amendment right not to be punished over their reporting. It also cites Fifth Amendment due process rights, arguing the government cannot take away privileges without warning or a chance to appeal. [2]
The Justice Department responded in a filing late Tuesday, asking the court to deny the request. It said Trump concluded the outlets had failed to maintain basic standards of professionalism and decorum and had published sensitive or classified information. "After all, access to the White House is a privilege—not a right," the department argued. [2]
White House letters dated Sept. 22, attached to the filing, accuse the outlets of spreading falsehoods about national security. According to NPR, the letters to CNN and MS NOW cite reporting on the East Wing bunker construction and on depleted U.S. ammunition stockpiles during the Iran war. The letter to Politico disputes its reporting on the lifting of sanctions against Russia and on the Republican midterm convention in Dallas. [2]
Theodore J. Boutrous of Gibson Dunn, the outlets' lead attorney, said in a statement: "The President has been explicit that this ban is intended to punish reporting he doesn't like and to intimidate journalists and news organizations covering him and his administration." [1]
Trump told reporters Friday that the decision was not prompted by a specific story but by what he called two years of unfair and negative coverage. According to NPR, the administration has also asked the court to overturn a 1977 appeals court ruling that bars the government from denying reporters a permanent White House press pass without a clear explanation and due process. [1][2]
NPR describes the judge in the case as a Trump appointee. In 2018, U.S. District Judge Timothy Kelly ruled for then-CNN correspondent Jim Acosta after his White House credentials were revoked. The Associated Press has a separate, ongoing lawsuit over its own White House ban. [1][2]