DOJ Tells Court Trump Can Reinstate CNN, MS NOW, Politico Ban

The Justice Department argued Friday that Trump may lawfully ban CNN, MS NOW and Politico from the White House ahead of a key injunction hearing.

In a late-Friday court filing, the Justice Department asked a federal judge to let President Donald Trump reinstate his ban of CNN, MS NOW and Politico from White House grounds, according to CNN. The filing came ahead of a hearing next week in the lawsuit the three outlets filed after Trump revoked their press credentials in September. The government maintained the ban is lawful and not retaliatory or viewpoint discrimination, while the outlets' lawyers, led by Theodore Boutrous, called it 'an unlawful assault on the most fundamental First Amendment freedoms.'

The Justice Department's filing offered no new evidence that the outlets had threatened national security, CNN reports. Instead, the government argued it was not required to show the outlets 'actually published classified information,' leaning into the idea that spreading 'misinformation' is itself a national security risk. The administration also argued the outlets failed standards of 'professionalism' expected of journalists covering the president, and that there is no 'special property or legal interest in access to the White House.'

U.S. District Judge Timothy Kelly, a Trump appointee, already rejected the national security framing once. According to Deadline, Kelly granted a temporary restraining order on due process grounds, finding the White House failed to provide process before confiscating the outlets' hard passes and noting the objectionable stories cited did not all concern national security. MS NOW reports the letters the White House cited as evidence of due process were sent September 22, four days after the ban began. Kelly is bound by the 1977 D.C. Circuit precedent Sherrill v. Knight, which bars arbitrary denial of press access.

The White House has continued restricting the outlets even after Kelly's order: MS NOW reports it took nearly 12 hours to reinstate credentials after the ruling, and CNN was barred from traveling with the president on Saturday despite its scheduled pool rotation. A 78-organization amicus brief by the Reporters Committee for Freedom of the Press, joined by the Committee to Protect Journalists, argues the ban is illegal and part of a broader pattern of presidential intimidation of the press.

The outcome will determine whether the White House can permanently exclude reporters whose coverage it dislikes. The government argues Sherrill still allows restrictions because the White House has a 'compelling interest,' while the outlets say the ban is designed to coerce more favorable coverage and deter other journalists. The outlets also claim a Fifth Amendment due process violation. Circuit precedent says press access may not be revoked arbitrarily or without due process, but the First Amendment questions remain unsettled in court.

Kelly will hold a hearing Thursday on the outlets' request for a preliminary injunction, which would extend the two-week order restoring access — an order that expires at the end of next week. MS NOW reports the judge indicated he intends to hear arguments and 'rule expeditiously.' If he grants the longer-term block, the ban would stay off while litigation over the First Amendment claims proceeds; if he does not, the outlets warn the White House would 'immediately reinstate' the complete ban.