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The U.S. Department of Justice has defended President Donald Trump’s decision to restrict CNN, MS NOW and Politico from the White House, arguing that he has the authority to control reporters’ access to restricted areas of the presidential complex.
In a court filing ahead of a scheduled hearing on Wednesday, the Justice Department said access to the White House is a privilege and not a right.
The filing came after the three news organisations sued the Trump administration over the ban, arguing that the decision violates their First Amendment rights to freedom of speech and the press.
The DOJ argued that the president can determine which journalists receive access to restricted areas, including the Oval Office, and can impose standards on reporters granted White House credentials.
“Access to the White House is a privilege — not a right,” the department said in its filing.
The administration has also cited national security concerns, alleging that the three organisations published sensitive or classified information and, in some cases, false information.
According to the court filing, letters outlining the reasons for the restrictions were sent to CNN, MS NOW and Politico on Tuesday. The outlets have until Friday to challenge the decision and the factual basis cited by the administration.
CNN said the White House letter referenced a report about plans to construct a bunker beneath the East Wing ballroom, which the administration described as containing sensitive construction details. Other reports concerning the war with Iran were also cited.
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The restrictions followed Trump’s announcement on Friday that he was banning the three outlets from the White House over what he described as “fake news.” Journalists from the organisations were subsequently denied access to the White House grounds and had their press passes confiscated.
In their lawsuit, CNN, MS NOW and Politico asked a federal judge to issue a temporary restraining order blocking the ban.
The organisations argued that the decision was an unconstitutional attempt to punish them for their reporting.
“This ban could not be a more direct assault on the First Amendment nor a more blatant violation of our most fundamental constitutional principles,” they said in their court filing.
The case was assigned to U.S. District Judge Timothy Kelly, who scheduled a hearing for Wednesday. The news organisations are seeking the immediate restoration of their access to the White House.
The dispute has also affected the White House television press pool. CNN had been scheduled to participate in coverage of Trump’s trip to the United Nations, but its exclusion led other major television networks to suspend their participation in the pool.
Trump, meanwhile, continued to criticise CNN while attending the United Nations General Assembly. On Tuesday, he questioned why the network was covering him outside the White House, telling reporters, “I’m surprised that CNN is here covering me, you shouldn’t be here.”
