"Effective immediately," President Donald Trump announced out of the blue on Friday, he was banning CNN, MS NOW, and Politico from the White House "as a result of their constant 'reporting' [of] FAKE NEWS!"
asserted
he → announce → NEWS
Now the government's lawyers, in response to a lawsuit that the three news outlets filed on Monday, are scrambling to justify that act of pique on national security grounds.
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outlets → file → grounds
On Tuesday night, Assistant Attorney General Brett Shumate filed a 19-page response to CNN et al.'s motion for a temporary restraining order, which U.S. District Judge Timothy J. Kelly is considering at a hearing today.
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Kelly → file → hearing
The plaintiffs argue that their sudden banishment violates due process and freedom of the press.
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banishment → argue → press
Not so, Shumate says.
asserted
Shumate → say → ?
"The President concluded" that CNN, MS NOW, and Politico "have failed to maintain basic minimum 'standards of professionalism and decorum expected of those given access to the White House Complex, including' by 'publishing sensitive or classified information,'" the brief avers.
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brief → conclude → information
"The President's actions must be sustained because the President has 'compelling interest[s]' in enforcing minimum standards for bona fide journalists and safeguarding national security information.
asserted
President → sustain → information
In support of that claim, the brief cites three letters from the White House Press Office that purport to justify Trump's decision.
uncertain
that → cite → decision
All of them are dated September 22, four days after the president banished CNN et al. and the day after they filed their lawsuit.
asserted
they → date → lawsuit
Those post-hoc justifications clearly do not meet the due process requirements that the U.S. Court of Appeals for the D.C. Circuit has said apply when the government seeks to exclude credentialed journalists from the White House.
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government → meet → House
Contrary to D.C. Circuit precedent, Trump did not give CNN et al. advance notice, a written explanation, or an opportunity to contest his reasons for banning them.
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Trump → give → them
Those letters also contradict what Trump said when he announced the bans.
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he → contradict → bans
"Media Outlets shouldn't be able to constantly write or report FICTION and LIES when they're covering the President of the United States, the Trump Administration, or the United States of America," he declared on Truth Social last week.
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he → write → Social
He subsequently told reporters he was punishing CNN et al. because he viewed their coverage as "purposely negative," "one-sided," and "never good."
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he → tell → coverage
They "want to try and diminish the Republicans and a Republican administration," he complained.
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he → want → Republicans
"Why are you doing this ban now?" a reporter asked.
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reporter → do → ban
Was there "a particular reason" or a "particular story" that prompted the decision?
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that → prompt → decision
"No, no," Trump replied.
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Trump → reply → ?
You get sick of it."
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You → get → it
Contrary to that explanation, the letters that the government filed in response to CNN et al.'s lawsuit cite specific reasons and specific stories.
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government → file → reasons
The letters accuse all three organizations of "publishing sensitive or classified information" and "trafficking in verifiable falsehoods about national security and other issues."
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letters → accuse → security
The CNN letter lists four examples.
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letter → list → examples
In January, it says, CNN disclosed "top-secret" information about the bunker beneath the ballroom that Trump is building on the site formerly occupied by the East Wing of the White House, which he demolished last fall.
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he → say → which
A July 27 report about the "munitions shortfall" caused by the U.S. war with Iran said the Trump administration was "struggling to reconcile exactly where things stand."
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things → cause → Iran
A month later, CNN reported that the Pentagon had used up "nearly 80%" of its interceptors, citing "multiple sources."
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Pentagon → report → sources
And last Friday, CNN reported that "outdated intelligence" resulted in the February 28 U.S. strike on an Iranian elementary school.
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intelligence → report → school
The MS NOW letter lists three offending stories: a May 6 report that the FBI had "launched a criminal leak investigation" focusing on Atlantic writer Sarah Fitzpatrick, a June 11 blog post quoting an unnamed "White House official" who said Trump had "underestimated the willingness of Iran to resume conflict," and an August 6 story saying the Iran war had "significantly depleted" U.S. munitions.
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war → list → munitions
The Politico letter lists half a dozen examples, including an April 2025 report that White House officials were debating whether to lift sanctions on Russia, a May 12 story about the White House ballroom, an August 25 story about depleted munitions, and an August 28 story citing an anonymous source who said the "reduced U.S. military presence in the Pacific and in Europe" had "threatened the Pentagon's influence around the world."
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presence → list → world
But according to the letters, such reporting is dangerous because it "diverts White House resources and those of the national security team in particular."
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it → accord → team
When news outlets publish "sensitive security information," the White House Press Office complains, those officials "must evaluate whether the leaked information is classified, the source of any leak, and the security implications of any such disclosure."
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information → publish → disclosure
It adds that "the spread of misinformation, especially relating to national security, is a threat that undermines the President's ability to safeguard the national security."
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that → add → security
Trump did not mention national security as a justification for banning CNN et al. until three days after he did it.
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he → mention → it
"The White House is not instituting an assault on the Free Press, something which I cherish," he insisted in a Truth Social post on Monday, responding to the storm of criticism provoked by the ban.
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he → institute → ban
"It is instituting an assault on the FAKE NEWS, something that has grown like Cancer in our beloved United States of America.
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that → institute → America
It is a threat to our National Security, and must be stopped, NOW!"
asserted
It → stop → Security
Shumate aims to transform that afterthought into a rhetorical bomb that obliterates the constitutional concerns raised by Trump's sanctions against CNN et al., which he explicitly said were driven by "purposely negative stories" that aimed to "diminish" him.
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that → aim → him
Never mind about that, Shumate says: "The President's actions were not retaliatory because the Government would have taken the same action anyway, notwithstanding Plaintiffs' speech criticizing the President—indeed, the President has not revoked access [by] other outlets that have equally criticized the President.
asserted
that → mind → President
But when Trump banned CNN, MS NOW, and Politico, he warned that "other Fake News Outlets" would be added to the list—an obvious effort to intimidate journalists who might be inclined to write stories that offend the president.
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that → ban → president
It seems unlikely that Kelly will be swayed by Trump's belated invocation of national security.
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Kelly → seem → security
Back in 2018, the Trump appointee blocked the revocation of CNN reporter Jim Acosta's White House press pass on due process grounds.
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appointee → block → grounds
…and 14 more, not listed.
The Aporia
