Abc13 iconAbc13Sep 23, 2026 ~5 min source read

DOJ argues White House can bar CNN, MS NOW and Politico, calling access a 'privilege' and citing national security

In a court filing responding to a lawsuit by three news organizations, the Department of Justice says the president may restrict who covers the White House, pointing to national security concerns and urging a prior D.C. Circuit precedent be overturned.

DOJ defends White House news bans, saying access a 'privilege' and citing national security concerns

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DOJ says White House access is a privilege, not a right, and seeks broad authority to limit which outlets receive credentials.

The Justice Department cited national security and alleged reporting of sensitive or false information as reasons for revoking access and provided letters outlining those claims.

The administration asked the court to reject the outlets' lawsuit and argued that the 1977 Sherrill v. Knight precedent should be overturned.

# What happened White House credentials for CNN, MS NOW and Politico. The three outlets filed a First Amendment lawsuit after their journalists were denied access. The DOJ asked a federal court not to block the White House bans and laid out why the administration believes the restrictions are lawful.

# DOJ's central legal position House is a privilege rather than a constitutional right. The filing argues the president can broadly determine who may enter the White House complex and may consider journalists' viewpoints when making those determinations.

The filing asks the court to revisit a longstanding D.C. Circuit ruling, Sherrill v. Knight (1977), which established that credentials can only be denied with notice, an opportunity to be heard, and a written statement of reasons. The DOJ states that Sherrill should be overruled and that the White House can treat parts of the complex as nonpublic forums or no forum at all.

# National security and specific allegations To justify the bans, the White House provided letters to the outlets citing specific reporting it said either published sensitive information or distributed verifiably false claims related to national security. The letters referenced reporting on topics including depleted munitions, negotiations to end the Iran war, East Wing renovation security, and a Politico piece about a Republican convention.

House and national security teams to divert resources to assess whether material was classified, identify leak sources, and evaluate security implications. The filing framed the spread of misinformation about national security as a threat to the president's ability to safeguard national security.

# Timing and process questions

# Administration's defense against retaliation claims The DOJ rejected the claim that the actions were retaliatory, noting that other outlets that have criticized the president still have access. The filing also cited historical examples of presidents selecting and rewarding reporters based on political considerations, arguing that presidential control over privileged access has long varied by administration.

# How the outlets responded

# Immediate legal stakes The court must decide whether to block the bans and whether older precedent requiring notice and a hearing for credential denials remains binding. The filings frame a broader dispute over the scope of presidential authority to control access to an official residence and workplace versus press access rights under the Constitution.

# What to watch next Watch for the judge's response to the DOJ filing and whether the court allows expedited briefing or injunctive relief. The outcome will affect credentialing procedures and could set a precedent about how courts treat access to executive branch spaces when national security is invoked.

More context around this story.

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