The White House Press Fight Is No Longer Just About Who Gets a Badge

CNN, MS NOW and Politico are fighting to keep their White House access while the Justice Department investigates television networks that stopped pool coverage in protest. The dispute is becoming a test of whether government can use access and enforcement power to shape journalism.

A White House press credential can look like an insider privilege until the government decides who should lose one. CNN, MS NOW and Politico are asking a federal judge to keep the Trump administration from again barring their journalists from the White House while their constitutional challenge continues. U.S. District Judge Timothy Kelly temporarily restored their access in September after finding that the administration’s action likely violated due-process protections. The administration argues that the outlets published false or classified information and failed to meet professional standards. The news organizations say the bans were retaliation for unfavorable coverage and violate both the First and Fifth Amendments. Kelly is expected to rule by Tuesday, October 13, on whether the temporary protection should continue.

The dispute has now widened beyond three news organizations. When the White House initially excluded CNN, MS NOW and Politico, the television press pool — including ABC, CBS, CNN, Fox and NBC — temporarily stopped providing pooled presidential coverage in protest. The Justice Department is now investigating whether that coordinated halt amounted to an illegal antitrust boycott among competing companies. DOJ says it is simply determining whether federal competition laws were violated. Press-freedom advocates argue that using antitrust enforcement against news organizations protesting government restrictions risks turning another part of federal power into pressure on the press.