Justice Department Defends White House Ban on CNN, MS NOW and Politico

The Justice Department has filed a brief asserting that President Donald Trump may legally exclude CNN, MS NOW and Politico from White House grounds, claiming the outlets failed to meet a "minimum requirement of professionalism." The filing relies on a 1977 D.C. Circuit decision, Sherrill v. Knight, which the department interprets as allowing the president to restrict access when a "compelling interest" exists.

Last month, U.S. District Judge Timothy Kelly, a Trump appointee, issued a temporary restraining order that required the White House to reinstate hard passes for dozens of reporters from the three organizations. The outlets have asked the court to extend that order through a preliminary injunction, arguing that the ban infringes on their First and Fifth Amendment rights.

"The statements also make clear he implemented the ban to coerce more favorable coverage and to deter other journalists," the outlets' legal team wrote, adding that the administration continued to retaliate after the restraining order.

The DOJ contended that the Sherrill precedent does not prevent the president from demanding that journalists rely on identified sources, maintain factual accuracy, and allow the White House an opportunity to comment, rather than publishing classified or sensitive national-security information.

Judge Kelly noted that the White House had not provided due process before revoking the passes, and that the letters cited by the department were sent days after the ban began. He also observed that some of the cited stories did not involve national-security concerns, describing the administration's justifications as ambiguous.

A hearing on the outlets' motion for a preliminary injunction is scheduled for Thursday.