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The standoff with the press heads to court: The DOJ defends Trump's ban on CNN, MS NOW and Politico

The Department of Justice maintains that the president can restrict journalists' access to certain areas of the White House and cites national security concerns.

CNN sign in the White House press area / Saul Loeb

CNN sign in the White House press area / Saul LoebAFP

Diane Hernández
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The Department of Justice defended in federal court President Donald Trump's decision to bar journalists from CNN, MS NOW and Politico from the White House, in a clash that directly pits presidential authority over the complex against constitutional protections for freedom of the press.

In a brief filed Tuesday night, administration lawyers argued that "access to the White House is a privilege, not a right" and asked the judge to deny the three media outlets' request to temporarily suspend the ban, AFP reported.

The Department of Justice went even further, arguing that, at a minimum, the government can control journalists' access to restricted presidential areas, including the Oval Office, even when the decision is related to the viewpoint expressed by a media outlet. The administration links this authority to the need to protect sensitive information and national security.

The White House cites reports on Iran and the new ballroom

The ban took effect on Saturday, after Trump announced that CNN, MS NOW and Politico would be barred from the White House for what he described as coverage of "fake news." The affected journalists found their credentials deactivated and were turned away at the access checkpoints.

As part of its legal defense, the White House sent letters to the three media outlets on Tuesday detailing the reasons for the measure and gave them until Friday to file written objections.

The letters cite various news reports that, according to the administration, "threatened national security and/or spread falsehoods." In the case of CNN, the government cites a report on plans to build a bunker under the new East Wing ballroom and several reports related to the war with Iran. MS NOW was also taken to task for its coverage of Iran and an investigation into leaks, while the objections against Politico include reports on Iran, the White House construction project and discussions regarding sanctions against Russia.

The government maintains that the decision does not constitute retaliation for criticism of Trump, because other media outlets that have published unfavorable reports about the president retain their access.

The media outlets invoke the First Amendment

CNN, MS NOW and Politico filed a joint lawsuit against the administration on Monday and sought an emergency court order to regain their press credentials.

The media outlets argue that the government excluded them precisely because of the content of their work and that this retaliation violates the First Amendment, which protects freedom of speech and the press. They also contend that the revocation of their credentials occurred without a proper procedure to first hear and challenge the government's reasons.

The administration responds that the letters sent this week provide the organizations with sufficient opportunity to challenge the decision and that, therefore, their claim regarding lack of due process would also fail.

The dispute goes before a judge

Federal Judge Timothy Kelly scheduled a hearing for this Wednesday on the media organizations' request to immediately suspend the ban while the litigation continues.

​The confrontation has already had consequences beyond the three media outlets affected. ABC, CBS, NBC and Fox suspended their regular participation in the White House television pool in response to the exclusion, while other news organizations have publicly questioned the measure.

​The case now brings a broader issue before the courts: how far a president can go in controlling who has press access to the White House and when that authority conflicts with the constitutional prohibition against punishing a media outlet for what it publishes.
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