DOJ seeks broader authority to bar reporters, calls old 1977 precedent 'wrong'

WASHINGTON, DC: President Donald Trump's Justice Department asked a federal judge to keep CNN, MS NOW, and Politico off White House grounds, arguing on Tuesday, September 22, that access is a “privilege - not a right” and that the administration may restrict organizations it says have failed professional and national-security standards.

The filing opposes the outlets’ request for a temporary restraining order restoring their credentials. 

It says Trump preliminarily revoked their hard passes after concluding they published sensitive information, relied on anonymous sources, and failed to provide adequate opportunities for White House comment.

The organizations dispute the ban and say it violates constitutional protections.

DOJ cites specific reporting incidents

Letters sent to the three organizations on Tuesday listed reports the White House says justified its decision.

The administration accused CNN of disclosing “top-secret” construction details involving the East Wing bunker.

It also accused MS NOW of reporting on an alleged leak investigation containing potentially sensitive law-enforcement information.

Additionally, the filing claimed that Politico had published a document describing Secret Service security spending connected to the White House ballroom.

The filing says publication of sensitive material can force security officials to determine whether information was classified, identify possible leaks, and assess resulting risks.

Each outlet was given until 5 pm Friday, September 25, to contest the initial decision or its factual basis.

Government challenges longstanding press precedent

The administration also targeted Sherrill v Knight, a 1977 appeals court ruling that said White House press access made available to journalists cannot be denied arbitrarily or without compelling reasons.

DOJ told the court that Sherrill was “wrongly decided” and reserved the right to challenge it on appeal.

Even under that precedent, government lawyers argued, protecting classified information and enforcing journalistic standards provide compelling grounds for the restrictions.

They also cited newer decisions addressing presidential access, while maintaining that certain restricted spaces, including the Oval Office, may be controlled more broadly.

CNN, MS NOW, and Politico argue Trump punished them for unfavorable reporting, amounting to First Amendment retaliation and viewpoint discrimination. 

Their lawsuit also raises Fifth Amendment due-process claims over the loss of hard passes.

What the hearing will decide

US District Judge Timothy Kelly is scheduled to hear arguments today, September 23, on whether the three organizations should regain access while the case continues.

The immediate dispute concerns credentials, but the court is being asked to determine what constitutional limits apply when a president excludes established news organizations from White House grounds.