DOJ Launches Investigation Of Networks For Suspending TV Pool Amid Trump’s Ban On CNN

The Justice Department has launched an investigation into whether the five major networks violated antitrust laws when they suspended participation in the White House TV pool in protest of Donald Trump‘s ban on CNN. Emily Covington, a spokesperson for the Justice Department, said in a statement, “Members of the television press pool have boycotted covering White House events. Group boycotts among commercial competitors can violate the Sherman Act. The Antitrust Division is simply investigating to determine whether these news organizations have violated the antitrust laws.” The New York Times first reported on the investigation. After Trump announced his ban on CNN, Politico and MS NOW from the White House grounds on Sept. 18, CNN also was restricted from the TV pool. As part of a long-running arrangement, CNN, CBS News, ABC News, NBC News and Fox News rotate pool duty providing technical, video and reporting coverage of the president, with feeds then distributed to other networks and news organizations. The pool is necessary because of the space limitations of areas of the White House, like the Oval Office, or on Air Force One. Watch on Deadline After the CNN freeze out, the other members of the TV pool jointly announced on Sept. 21 that they would refrain from their rotation turn, a move made to protest the White House effort to block the news network. “The public has a vital interest in receiving accurate, independent information about its government. No administration should restrict a news organization because it objects to its reporting,” the five networks said in a statement at the time. The suspension lasted for about four days, but it came during the White House visit of Chinese President Xi Jinping. The suspension of the TV pool meant that there was much less video coverage of major ceremonies and other events surrounding his visit. Trump later complained that CNN and MS NOW did not cover Xi’s visit, without mentioning his efforts to ban the two outlets from the White House grounds. ABC confirmed that it has not received any notification of the investigation but it expects to. Other networks in the pool did not immediately respond to a request for comment. The White House has continued to restrict CNN from certain assignments, including flying on Air Force One on presidential trip. After Trump’s ban on CNN, Politico and MS NOW from White House grounds, those three media outlets sued, claiming violations of their First Amendment and due process rights. A federal judge imposed a temporary restraining order, which last until Tuesday, that has forced the White House to renew access to dozens of reporters. The judge, Timothy Kelly, is expected to rule by then on whether to grant the news outlets a preliminary injunction, something that would prevent the White House from denying access on a longer term. The issue of access to the White House grounds is separate, yet related, to the issue of whether the administration can also freeze out members of the pool because the president does not approve of their editorial decisions. A different case, involving the Associated Press, is on appeal in the D.C. Circuit. The AP was barred from the White House pool because its style guidance did not adhere to Trump’s renaming of the Gulf of Mexico to the Gulf of America.