Access Is A Privilege, Not A Right – DOJ Says Trump Has Power To Bar CNN, MS NOW, Politico From White House

• The US Justice Department has told a federal court that President Donald Trump has the power to bar CNN, MS NOW and Politico from parts of the White House.

• The administration is relying on reports by the three organisations on the Iran war and Trump’s planned White House ballroom to justify the restrictions, with the Justice Department arguing that some of the reporting could have exposed sensitive information or otherwise created national security risks.

• The three news organisations are challenging the ban under the First Amendment, arguing that the White House improperly punished them over their journalism and denied them due process by revoking their access without prior notice or an opportunity to contest the decision.

• The dispute is heading into a crucial court hearing in Washington, with CNN, MS NOW and Politico seeking immediate restoration of their White House access.

September 23, () – The US Justice Department has told a federal court that President Donald Trump has the authority to bar CNN, MS NOW and Politico reporters from parts of the White House, arguing that national security considerations give the President broad power to control access to sensitive areas of the presidential complex.

In a filing late Tuesday ahead of an emergency hearing, the Justice Department argued that access to the White House is “a privilege, not a right”, and that the President can restrict journalists from areas containing sensitive national security information.

The administration specifically argued that Trump can control reporters’ access to restricted presidential areas, including the Oval Office, even where the restrictions are challenged as discriminatory based on the journalists’ viewpoints.

“At the very least, the Government may control reporters’ access to restricted presidential areas, such as the Oval Office, even for viewpoint-discriminatory reasons”, the Justice Department told the court.

The department further argued that Trump had identified reporting by the three organisations that, in the administration’s view, threatened national security.

“The President has found that Plaintiffs have engaged in a number of reporting incidents that have threatened national security. Such reporting directly raises national security concerns”, the filing stated.

The arguments were presented on the eve of an emergency hearing before US District Judge Timothy Kelly in Washington, where CNN, MS NOW and Politico are seeking an order restoring their access to the White House.

Iran, Ballroom Reports Cited

CNN, MS NOW and Politico have argued that the restrictions violate their First Amendment rights and amount to retaliation for their journalism. A central element of their complaint is that the administration withdrew their access without first providing written notice or giving the journalists an opportunity to challenge the decision.

However, the Trump administration has provided the three organisations with letters setting out its reasons for the restrictions. The letters give the outlets until Friday to submit written responses challenging the allegations.

The letters represent the administration’s more detailed explanation of the restrictions after the three organisations argued that the White House had abruptly revoked their access without explaining the basis for the decision.

CNN’s letter cites the network’s reporting on the US war with Iran and its coverage of Trump’s plan to construct a ballroom at the White House. It specifically points to CNN reporting about an alleged “top secret” bunker beneath the East Wing ballroom project and claims that several of the network’s reports threatened national security or contained false information.

MS NOW was criticised over its coverage of the Iran war and a report concerning an investigation into a leak.

Politico’s reporting on the Iran conflict, the White House ballroom project and discussions concerning Russia sanctions was also cited by the administration.