CNN, MS NOW and Politico can be shut out from areas of the White House at President Donald Trump’s request, the Department of Justice said on Tuesday, a day ahead of a court hearing.
The three leading outlets went to court after Trump ordered on Friday that they be barred from the presidential mansion as punishment for distributing what he calls “fake news.”
A US district judge set a hearing on the complaint for Wednesday.
The Department of Justice said in a court filing that Trump can “control reporters’ access to restricted presidential areas, such as the Oval Office.”
“Access to the White House is a privilege — not a right,” it added.
The court filing said that letters explaining the president’s reasons for the ban had been sent to the outlets on Tuesday. They have until Friday to object.
The letters cite numerous “reporting incidents” by the outlets that “threatened national security and spread falsehoods,” according to the filing.
The letter to CNN cited a story on Trump’s plans to build a bunker below the East Wing ballroom he is constructing, which “disclosed ‘top-secret’ construction details,” and several stories about the Iran war, the network said.
Journalists from CNN, MS NOW and Politico were denied any access to the White House grounds on Saturday and had their passes confiscated.
In their lawsuit, the three outlets asked for a temporary restraining order against the ban on the grounds that it violates the First Amendment of the US Constitution, which upholds the right to a free press.
“This ban could not be a more direct assault on the First Amendment nor a more blatant violation of our most fundamental constitutional principles,” the outlets said in the court filing.
On Tuesday, Trump appeared to have suggested that CNN should not be covering him outside of the White House too.
“I’m surprised that CNN is here covering me, you shouldn’t be here,” Trump told reporters covering his visit to the United Nations General Assembly this week.
Trump has long attacked media outlets that have aired critical coverage of his campaigns and administrations, repeatedly blasting the press as the “enemy of the people.”
But the ban comes at a time when his approval ratings are at record lows, his Republican Party risks losing control of Congress in November’s midterm elections, and the war in the Middle East drags on with no end in sight.
