The White House is refusing to allow Politico on Air Force One on Monday, meaning the news organization can’t fulfill its press pool responsibilities.
A Politico spokesperson confirmed that the publication was excluded from the out-of-town travelers group, a small group of journalists who travel with the president.
President Donald Trump announced on September 18 that he was “banning” Politico, CNN and MS NOW from the White House, a move that legal experts called unconstitutional.
Media outlets filed a lawsuit on September 21, alleging that the ban violates the First and Fifth Amendments. Judge Timothy J. Kelly sided with the plaintiffs and issued a temporary restraining order requiring the Trump administration to reinstate the journalists’ press badges.
Since then, however, the White House has repeatedly banned CNN from traveling on Air Force One on days when it was CNN’s turn to be the television pool representative. Today, on the day that it was Politico’s turn to be the print pool representative, Politico was also excluded.
The Trump administration appears to justify these new restrictions by claiming that access to the White House complex is different from access to restricted spaces like Air Force One. The Associated Press has an ongoing lawsuit over that distinction, ever since Trump attempted to ban the news service from certain spaces last year.
Monday’s action against Politico will likely be part of CNN, MS NOW and Politico’s upcoming legal filing. Judge Kelly is scheduled to hold a hearing Thursday on the media’s request for a preliminary injunction, which would protect press access to the White House for a longer period before a possible trial.
“The law is absolutely clear. The harm to our clients, the First Amendment and the public at large is profound,” Tri-Media attorney Ted Boutrous said in a statement. “It is essential that the White House be directed to keep this unconstitutional ban on press freedom in place. »
Last week, when TIME reporters asked whether Trump was ignoring the court order, Trump said no, and then communications director Steven Cheung responded: “The judge basically ordered them to renew their access to the White House, but that’s different from allowing pool access to events in the Oval Office or aboard Air Force One.” »
Cheung did not respond Monday to a request for comment on the action against Politico.
Trump is expected to travel to Nebraska for a campaign stop Monday afternoon.
With Politico excluded from the trip, the White House offered the publication’s headquarters to other news organizations that regularly take turns in the out-of-town travel pool, and several publications declined, sources familiar with the matter told CNN.
Unusually, the orientation email sent Sunday evening by the White House to the press did not mention any media traveling with the president — perhaps a sign that the Politico seat was proving difficult to fill.
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