DOJ petitions judge to reinstate White House ban on CNN, MS Now, and Politico

The outlets sued, arguing that the administration’s decision violated their First Amendment rights.

The Justice Department argued the outlets are unlikely to succeed on their claims and urged Kelly to deny their request for a preliminary injunction.

“The White House is the home and workplace for the Nation’s Commander-in-Chief,” the DOJ wrote. “After all, access to the White House is a privilege—not a right.”

CNN, MS Now, and Politico had long been granted “privileged access” to the White House, but Trump determined they had failed to meet “basic minimum standards of professionalism and decorum expected of those given access to the White House Complex,” including by “publishing sensitive or classified information.”

Trump initially revoked their access and gave the outlets until Sept. 25 to respond. According to the filing, they did not submit a response, seek an extension, or otherwise defend their conduct.

The Justice Department acknowledged that the D.C. Circuit has held that portions of the White House grounds constitute a nonpublic forum under Sherrill v. Knight, but argued the 1977 decision was wrongly decided and should be overturned.

“While the D.C. Circuit has held that some areas of the White House grounds constitute a nonpublic forum, Sherrill … is wrong and should be overruled,” the filing says.

The administration also rejected the outlets’ First Amendment retaliation claims, arguing that losing special access would not deter a reasonable reporter from speaking and that the government would have taken the same action regardless of its criticism of Trump.

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The government further argued that the outlets’ due process claims fail because they received notice of the allegations and an opportunity to contest the administration’s findings.

The Justice Department ultimately argued that the outlets have not established irreparable harm and that the balance of equities and public interest favors the government.