Justice Department defends White House media bans, cites national security concerns

The Justice Department is defending Donald Trump’s decision to bar CNN, MS NOW and Politico from the White House, arguing the president has broad authority to restrict access to sensitive areas and that reporting by the three organizations has raised national security concerns.

In a court filing Tuesday, Sept. 22, 2026, administration lawyers urged a federal judge not to immediately restore the outlets’ credentials, arguing that access to the White House is a privilege rather than a constitutional right. The filing comes ahead of a Wednesday hearing on the news organizations’ request for a temporary restraining order blocking the ban.

The administration argues that presidential authority is particularly broad in restricted areas such as the Oval Office, where space, security and access to sensitive information can be factors in determining which journalists are admitted.

“At the very least, the Government may control reporters’ access to restricted presidential areas, such as the Oval Office, even for viewpoint-discriminatory reasons,” Justice Department lawyers wrote.

The government also alleges that reporting by CNN, MS NOW and Politico involving the war with Iran and construction projects at the White House created national security concerns. Those assertions are the administration’s arguments in the litigation and have not been established by the court.

The Justice Department’s response includes letters sent Tuesday to each of the three organizations explaining the administration’s reasons for revoking their access.

CNN’s letter cites reporting about a planned secure facility beneath the East Wing ballroom under construction at the White House, as well as coverage related to the Iran war. The administration alleges the reports either threatened national security or contained inaccuracies.

MS NOW’s letter takes issue with reporting about Iran and an investigation into government leaks, while the letter to Politico cites coverage involving Iran, the White House ballroom project and discussions surrounding sanctions on Russia.

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The letters represent the White House’s arguments for banning the outlets and have not been established as valid by courts or officials outside the White House. 

The Trump administration has used arguments around national security in an attempt to bolster its agenda, including for the construction of the East Wing facility that, according to multiple published reports, would also contain unspecified facilities to support national security operations. 

The argument of “national security reasons” can be valid, but it also has been criticized as being overused by officials — so much so that it has gained cliche status in many fictional TV shows, movies and books.

The organizations were given until Friday, Sept. 25, 2026, to submit written objections to the administration’s decisions.

The letters also address one of the news organizations’ central due process claims. CNN, MS NOW and Politico argue their journalists had their White House credentials revoked without advance notice or an opportunity to challenge the decision. Their reporters were denied entry Sept. 19, 2026, after Trump announced the previous day that he was banning the organizations because of coverage he characterized as false.

The three organizations sued Trump and other administration officials Sept. 21, 2026, alleging the exclusions amount to retaliation for constitutionally protected reporting and violate both the First Amendment and Fifth Amendment protections for due process.

The administration maintains that the First Amendment protects the organizations’ ability to publish but does not guarantee them a White House hard pass, briefing room seat or place in the presidential press pool.

Federal courts have previously placed limits on White House authority over press credentials, although the extent of those protections can depend on the type of access involved.

Presidents likely have greater discretion over tightly controlled spaces such as the Oval Office and Air Force One than they do over general White House press facilities. A federal appeals court considering a separate dispute involving The Associated Press ruled in 2025 that the administration likely could control access to certain limited presidential spaces but not exclude the organization from broader White House press facilities solely because of its editorial decisions. That litigation remains pending.

Courts have also required procedures when established White House credentials are revoked. The three organizations argue that the administration failed to provide those protections when their reporters’ hard passes were deactivated. The government is now pointing to Tuesday’s letters and the opportunity to respond as part of its argument against their due process claims.

The dispute has also affected television coverage of the president. After the White House prevented CNN from fulfilling a scheduled presidential pool assignment, ABC, CBS, CNN, Fox and NBC suspended primary television pool coverage of Trump.

U.S. District Judge Timothy Kelly is scheduled to consider the organizations’ request for emergency relief Wednesday, Sept. 23, 2026. Kelly previously ordered the Trump White House to restore CNN correspondent Jim Acosta’s credentials during Trump’s first term.

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