The Trump administration wants a court order letting the executive branch decide who receives White House press credentials, and it is challenging a long-standing legal precedent that protects journalists covering the West Wing.
In a brief filed late Tuesday, the Justice Department said barring POLITICO, CNN and MS NOW from the White House complex was justified by how those outlets had reported on sensitive information.
The administration told the courts that the president believed the plaintiffs had failed basic journalistic standards by revealing classified details and national security matters.
Responding to an emergency injunction from the three media companies seeking immediate restoration of access, the government brief cited articles from each outlet about the conflict with Iran, US military reserve levels and a leak investigation into FBI Director Kash Patel. It also objected to POLITICO’s release of a Secret Service document originally given to Senate Republicans to help build a new presidential ballroom.
The DOJ brief also included copies of letters supposedly sent to the organisations that day explaining the credential revocations and setting a Friday deadline for a response.
But the documents had no signatures or letterhead and never explicitly said any cited example in the articles contained classified information. Several examples were also largely unrelated to national security; the letter to POLITICO objected to an article about internal tensions at a Texas Republican convention.
Government attorneys conceded the retroactive letters do not meet the standard set by Sherrill v. Knight, a 49-year-old D.C. Circuit ruling holding that the state cannot arbitrarily exclude specific news organisations from White House press facilities based on its perceived coverage.
Instead, the Justice Department is formally asking the courts to overturn the Sherrill precedent, dismantling the legal framework that ensures equal press access. The administration instead wants wider use of a different ruling from last year suggesting the president has discretion to restrict entry to high-security parts of the White House grounds, such as the Oval Office.
POLITICO, CNN and MS NOW sued on Monday, arguing that revoking their press passes violates the First Amendment. They have also asked for a temporary restraining order forcing the administration to restore their credentials while the case is heard.
U.S. District Judge Timothy Kelly, appointed by Trump, has set a hearing for Wednesday afternoon.
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