The Justice Department will argue in court Wednesday that President Trump’s banning of three media outlets is justified because their reporting threatens national security and “fails to satisfy the minimum requirements of professionalism.”
U.S. District Court Judge Timothy Kelly is slated to hear arguments from CNN, MS Now and Politico, which are seeking a temporary restraining order against Mr. Trump’s ban.
The president revoked the credentials of the three outlets on Friday, citing their “fake news” and overwhelmingly negative coverage of his administration. Journalists for the three outlets were blocked from entering the White House on Saturday and had their credentials seized.
In a 19-page document filed late Tuesday opposing the temporary restraining order sought by the three outlets, Justice Department senior counsel Michael Velchik argued that journalists have no constitutional right to the nonpublic areas of the White House and their access can be restricted, even for viewpoint-discrimination reasons.
The DOJ cited cases throughout U.S. history where presidents battled with the press, restricting and rewarding access depending on the reporters’ coverage. Mr. Trump, the doc said, isn’t discriminating. Other outlets that produce unfavorable coverage continue to have access.
The White House sent letters Tuesday to the outlets notifying them that their hard passes, which grant them access to White House grounds, had been revoked for “behavior in violation of the standards of professionalism and decorum expected of those given access” to the executive mansion.
The White House letter listed the offenses: “Trafficking in verifiable falsehoods about national security and other issues and publishing sensitive or classified information.”
The letter included a list of the offending media reports.
In one example, CNN “disclosed ’top-secret’ construction details” for the security bunker beneath the new White House ballroom.
In another example cited by the Trump administration, MS Now reported “an alleged leak investigation” that would be considered “nonpublic sensitive law enforcement information.”
Politico was cited for publishing funding for the ballroom that included how money would be spent bolstering security at the facility.
The White House argued that publication of security information and “misinformation” about national security “diverts White House resources and those of the national security team in particular,” who must evaluate the leak, its source and any repercussions from the disclosure.
Mr. Trump’s ban has escalated into a battle with the broader media.
Fox News, ABC, NBC and CBS are refusing to provide pool camera coverage for the president in solidarity with the banned outlets, and The New York Times and all other still photographers in the presidential pool coverage won’t distribute any images.
The media boycott comes during a critical news week for Mr. Trump.
Chinese President Xi Jinping arrives in Washington on Wednesday. Mr. Trump is expected to take the rare step of greeting him at Maryland’s Joint Base Andrews to begin the state visit. Then will come a formal arrival ceremony at the White House and a state dinner.
As it stands now, network pool cameras may not be there to record the events.
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