DoJ cites specific stories in defending White House press ban

Lawyers for the Justice Department filed their response on Tuesday in the lawsuit that CNN, Politico, and MS Now brought against Trump on Monday. The three outlets sued after Trump announced a White House ban earlier this month for reporting what he called “fake news.” The department asked Judge Timothy Kelly to allow Trump to enforce the restrictions.

The court filing argued that Trump had concluded the three outlets “fail to satisfy the minimum requirements of professionalism” by relying on anonymous sources and not giving the White House enough time to comment. Trump’s lawyers also argued the organizations had violated “decorum” by publishing classified or sensitive national security information.

In letters sent to the three outlets on 22 September, the Justice Department outlined specific “reporting incidents” it said threatened national security and “spread falsehoods.” The letters cited CNN’s reporting on the construction of an East Wing bunker under the White House ballroom, MS Now’s reporting on an alleged leak investigation, and Politico’s reporting on how the US Secret Service planned to invest money in security improvements tied to Trump’s ballroom.

The three news organizations are asking Judge Kelly to stop Trump from enforcing the ban and to restore their hard passes, arguing the restrictions violate the First Amendment. Trump and his Justice Department maintain the ban does not infringe on press freedom but instead addresses “national security” threats.

A hearing on the news organizations’ request for a temporary restraining order is scheduled for Wednesday at 3:30 pm ET.

Trump has repeatedly accused media outlets of reporting “fake news” — an accusation the three organizations and other press advocates have said he often levels without citing evidence. Signs of support for the AP, CNN, MS Now, and Politico were displayed on the White House grounds on 21 September.