Justice Department investigates TV networks over White House pool suspension

The Justice Department is investigating whether five television networks violated federal antitrust law when they briefly suspended shared coverage of President Donald Trump after his administration barred three news organizations from the White House.

The department has asked ABC, CBS, CNN, NBC and Fox News to turn over communications about the White House television pool, the BBC reported. Under that system, networks take turns covering the president and supply footage to other news organizations. The networks suspended the arrangement for several days last month after Trump blocked CNN, MS Now and Politico.

“Group boycotts among commercial competitors can violate the Sherman Act,” Justice Department spokesperson Emily Covington said in a statement provided to CBS News. “The Antitrust Division is simply investigating to determine whether these news organizations have violated the antitrust laws.”

The Sherman Act is a federal law intended to prevent monopolistic business practices. CBS News reported that it was not immediately clear how the department was defining the networks’ suspension as a possible violation. The New York Times first reported the investigation, according to CBS News.

Trump announced in mid-September that his administration was rescinding the White House credentials of journalists from CNN, MS Now and Politico, accusing the outlets of publishing “FAKE NEWS!” The BBC reported that he also accused them of writing “fiction or lies” about his team.

According to CBS News, the White House sent letters to the three outlets saying that certain articles they had published — on subjects including a new White House ballroom, the war with Iran and the Republican midterm convention — threatened national security and violated standards of “professionalism and decorum” for reporters.

The five networks responded by jointly suspending their pool coverage. The suspension coincided with Chinese President Xi Jinping’s state visit to Washington, CBS News reported. In a statement at the time, the networks said: “The public has a vital interest in receiving accurate, independent information about its government. No administration should reject a news organization because it objects to its reporting.”

CNN, MS Now and Politico sued to restore their access. The BBC reported that they argued the restrictions violated their First Amendment rights. U.S. District Judge Timothy Kelly granted a temporary restraining order, and their credentials were reinstated. Kelly later extended the order to next Tuesday while he considers the case, CBS News reported.

The reinstated credentials have not resolved every access dispute. CBS News reported that the White House has continued to refuse to allow CNN and Politico into the Oval Office or aboard Air Force One.

The dispute comes amid other changes to White House press access. The BBC reported that the administration took control in February of a press pool long managed by the White House Correspondents’ Association. That month, it also moved to bar Associated Press reporters and photographers from limited-access spaces over the outlet’s use of “Gulf of Mexico” rather than “Gulf of America.” The AP sued, and that case remains ongoing, the BBC reported.