DOJ Opens Antitrust Probe into White House TV Press Pool

The U.S. Department of Justice announced an investigation into the White House television press pool’s decision to halt pooled TV coverage of President Donald Trump, assessing whether the action breached the Sherman Act, which bars agreements that unreasonably restrain trade. The pool, comprising major broadcasters such as CNN, Fox News, ABC, CBS and NBC, suspended coverage on Sept. 21 after the president barred CNN, MS NOW and Politico from White House access.

The DOJ statement said the probe will examine whether the temporary suspension constituted an unlawful restraint of trade. The Sherman Act has rarely been applied to media organizations, especially regarding news coverage.

The suspension followed a judge’s order on Sept. 24 lifting restrictions on the three outlets after White House staff had confiscated their press passes. Despite the ruling, CNN and Politico reporters were still excluded from traveling on Air Force One, according to the New York Times.

Television pool coverage has since resumed, but the investigation adds another layer to the ongoing dispute between the Trump administration and news organizations. The administration also faces a lawsuit from CNN, MS NOW and Politico over the earlier ban.

Seth Stern, chief of advocacy for the Freedom of the Press Foundation, criticized the DOJ inquiry, calling it “nonsense” and arguing that antitrust law includes First Amendment exceptions even when there is an alleged competitive impact.

The White House Correspondents' Association has not responded to requests for comment.