Judge to rule Wednesday on temporary reinstatement of banned reporters

The US Justice Department has filed documents in a District of Columbia court accusing three media outlets banned from the White House of publishing false reporting and stories that allegedly threatened national security, as it prepared to defend the move before a federal judge. A judge is set to decide on Wednesday whether to issue an order temporarily lifting the ban on CNN, Politico, and MS NOW while the case proceeds to a full hearing.

The filing deepens a legal fight that has already prompted the major television networks to withdraw from the shared White House press pool and the White House to launch its own 24/7 streaming channel, Trump TV.

Last week, President Trump barred the three outlets from the White House, accusing them of spreading “fake news.” After their reporters had their passes confiscated and were denied access to the building, the three outlets jointly launched legal action, calling the move unconstitutional.

According to the Justice Department’s court filing, the three outlets were issued a list of “reporting incidents” by the White House ahead of the ban. The filing cites a number of stories about construction at the White House — including about a security bunker and the building of a new ballroom — as well as a report on an internal information leak investigation.

The filing argues that “access to the White House is a privilege, not a right.” The three media organizations have countered that the ban breaches their rights under the First Amendment, which forbids the government from “abridging” the freedom of the press.

In a joint statement confirming legal action against the government, the outlets said: “Without notice or process, the White House revoked our journalists’ credentials because it objected to our reporting.” The statement added: “Left unchallenged, this threatens press freedom and the public’s right to independent journalism free from government interference.”

Major television networks have withdrawn from a media-sharing arrangement of video and images of the president, known as the pool, in protest over the ban. Shortly after, the White House launched its own streaming channel, Trump TV, which operates a 24/7 feed of clips of the president.