Justice Department asks court to let Trump reinstate White House press ban

Justice Department Seeks to Restore White House Restrictions on CNN, MS NOW and Politico

Activelifezero.com – The Justice Department is asking a federal judge to allow President Donald Trump to reinstate restrictions that barred CNN, MS NOW and Politico from White House access, escalating a legal dispute over press freedom, national security and the procedures used to revoke journalists’ credentials.

The request was filed late Friday before a hearing scheduled for Thursday before US District Judge Timothy Kelly. The three news organizations are seeking a preliminary injunction that would keep their White House access in place for a longer period while their lawsuit proceeds.

For now, the outlets’ access has been restored through a two-week temporary order issued by Kelly. That order is set to expire at the end of next week unless the judge extends the relief or takes another step in the case.

Administration cites national security concerns

In its latest filing, the Justice Department argued that Trump concluded the organizations had published material that could harm national security. The department contended that limiting their access would reduce opportunities for the outlets to obtain information the administration considers dangerous to publish.

[T]he President determined that Plaintiff news networks had published stories that adversely affect national security, including publishing possibly classified or sensitive information.

The filing said the outlets had shown a willingness to publish information that could undermine national security. It did not, however, present new evidence that the reports at issue had created a specific national-security threat.

The Justice Department maintained that the White House did not need to prove the organizations had actually released classified material before taking action. Its arguments also described misinformation as a potential national-security concern.

White House officials have tied their objections to coverage involving the Iran war, construction of the East Wing ballroom and the GOP midterm convention. Trump announced the restrictions last month in a social media post and later suggested that his broader dissatisfaction with the outlets’ coverage was a factor.

News organizations call ban unconstitutional

The outlets argue that the administration’s action violates both the First Amendment and their due process rights. Their lawyers say the challenged reporting falls squarely within the kind of journalism the Constitution was designed to safeguard.

an unlawful assault on the most fundamental First Amendment freedoms.

The organizations filed their response Monday night, pushing back against the national-security rationale and asserting that the White House cannot use access rules to punish unfavorable reporting. They are also asking Kelly to find that the ban violates the First Amendment, a ruling they believe would prevent further efforts to sidestep the court’s orders.

The case raises a central question about the relationship between the presidency and the press corps: whether White House access can be withdrawn based on judgments about a news organization’s coverage, sourcing practices or perceived professionalism.

The Justice Department argued that journalists granted White House access receive a privilege rather than an unconditional entitlement. It said Trump could reasonably expect reporters to identify sources, prioritize factual accuracy and allow the White House an opportunity to respond before publication.

prevent the President from concluding that bona fide journalists would identify sources instead of relying on anonymous sources, commit to factual accuracy, and provide the White House an opportunity to comment.

Judge previously found due process problems

Kelly’s temporary restraining order last week focused on the way the restrictions were implemented. He concluded that existing court precedent indicated the administration had violated due process protections by cutting off access without advance notice or a meaningful opportunity for the affected outlets to object.

That precedent recognizes that reporters cannot lose White House credentials through an abrupt process lacking notice and a chance to challenge the decision. The judge has not yet made a final determination on the First Amendment claims.

Before the temporary order was issued, journalists from CNN, MS NOW and Politico had their press badges deactivated and confiscated. Those credentials are used to enter White House grounds and perform routine reporting duties.

Restoring credential access has not fully resolved the conflict. The White House has continued to limit the organizations’ participation in the press pool, the rotating group of reporters assigned to cover presidential movements and events where the entire press corps cannot be accommodated.

CNN was scheduled to travel with Trump as part of the pool rotation when he flew to Tennessee on Saturday, but the White House did not permit the network to accompany him. That episode illustrates why the litigation extends beyond basic access to the White House complex: participation in the pool can determine whether an outlet is able to observe and report directly on presidential activity.

What comes next

At Thursday’s hearing, Kelly will consider whether the outlets have met the standard for a preliminary injunction. If granted, such an order would preserve their access for a more extended period while the lawsuit moves forward.

The dispute is likely to turn on both the administration’s stated justifications and the constitutional limits on retaliating against news coverage. The judge will also weigh whether the White House can impose the restrictions through a process that addresses the due process concerns identified in the temporary order.

For the three organizations, the outcome could determine whether their reporters can fully resume normal White House coverage, including access to the press pool. For the administration, the case tests how far a president may go in setting standards for journalists permitted to report from White House grounds.