DOJ Says Access Is 'A Privilege, Not a Right' in Push to Bar CNN, Politico and MS Now Out of the White House

The US Justice Department has argued in a court filing that Donald Trump can lawfully bar reporters from CNN, Politico and MS Now from the White House, saying 'access to the White House is a privilege, not a right'.

Government lawyers also argued that the three newsrooms had failed to maintain 'basic minimum standards of professionalism and decorum' by publishing sensitive material.

The 19-page response, filed on Tuesday 22 September, urges US District Judge Timothy Kelly to reject the outlets' request for an emergency order restoring their reporters' hard passes. It also argues that a 1977 appeals court ruling concerning White House press access was wrongly decided and should be overturned.

The outlets have told the court that their journalists need the 'ability to observe events firsthand and to ask questions of White House officials'. The administration counters that they remain free to publish whatever they choose and can report from outside the gates.

Bunker, Ballroom and Leak Stories Cited as Evidence

According to the filing, the White House wrote to each organisation on 22 September saying the President had made a preliminary decision to revoke their hard passes. The letters accused the outlets of 'trafficking in verifiable falsehoods about national security and other issues'.

CNN was accused of disclosing 'top-secret' construction details related to the East Wing bunker, while Politico was faulted for publishing a document detailing funding for the White House ballroom and describing how the Secret Service would invest in security improvements.

MS Now was cited over its reporting on an alleged leak investigation, which the government said 'if it existed, would be nonpublic sensitive law enforcement information'.

Lawyers said the President believes basic journalistic standards require bona fide journalists to identify sources rather than rely on anonymous ones, commit to factual accuracy and give the White House a reasonable opportunity to respond.

The three organisations have until 5pm on Friday 25 September to contest the findings, and if they do not, the letters warn, 'this initial decision will be final'.

Trump Warns 'Other Fake News Media Outlets To Follow'

Trump first announced the ban on 18 September in a Truth Social post, accusing the outlets of constant 'reporting' FAKE NEWS!. He ended the post with a warning: 'Other Fake News Media Outlets to follow.'

The government denies the action is retaliatory, arguing that the President has not revoked access from other outlets that have criticised him and that any harm to the three newsrooms is 'at most a de minimis harm'. The administration also argues that the outlets can continue publishing and reporting outside the White House grounds.

Outlets Challenge Ban as Judge Kelly Weighs Emergency Order

CNN, Politico and MS Now sued on Monday 21 September, arguing the ban violates the First Amendment and asking Kelly to restore their passes. The judge was scheduled to hear their request for a temporary restraining order at 3.30pm ET on Wednesday.

Should Kelly side with the outlets, the government wants any order kept narrow, excluding restricted spaces such as the Oval Office and Air Force One and pausing any ruling pending an appeal.

A 1977 Precedent in the Firing Line

At the centre of the dispute is Sherrill v Knight, a 1977 decision by the US Court of Appeals for the DC Circuit. It held that access to White House press facilities could not be denied arbitrarily or 'for less than compelling reasons'.

The DOJ calls the ruling 'wrongly decided' and says the ban would survive even under Sherrill, citing what it describes as compelling interests in journalistic standards and national security.

The government also relies on a June 2025 appeals court decision concerning restricted presidential spaces, arguing that 'the same logic and standard should apply to access to White House grounds more generally'.

Kelly previously ordered the White House to temporarily restore CNN correspondent Jim Acosta's hard pass in 2018, finding that Acosta was likely to succeed on a due-process claim over the process used to revoke his pass.

If the court accepts the government's argument, the scope of the protections established by Sherrill for White House press access could be narrowed, while Trump's warning that other outlets may follow adds further significance to the case.