Wednesday, September 23, 2026

Aiming For Father Of Dobbs

JUST IN: In a deeply embarrassing and un-American court filing, the Trump regime is now arguing that CNN, MS NOW, and Politico can be stripped of White House access in the name of “national security.”

In the new filing, DOJ argues that even reporting that is accurate but contains sensitive national security information can cause harm, and says limiting reporters’ physical access can reduce their ability to obtain such information.

The DOJ uses Donald Trump’s deranged Truth Social posts in the filing to make its argument.

The regime is asking the judge to reject the outlets’ emergency bid to restore their White House access and is also arguing that longstanding precedent protecting press access was “wrongly decided.”

In other words, the Trump regime is afraid of the American people learning the realities of the failed war in Iran and Trump’s disastrous presidency.
In other, other words, they’re aiming at Alito.

Trump has been perfectly clear about why he banned three media outlets from the White House: he doesn’t like what they say about him. There’s evidence for that. There is no evidence that any one of the three poses a serious national security risk by being in some areas of the White House.

What Trump’s DOJ wants to do is to essentially overturn the Pentagon Papers decision. But, as I say, there’s no evidence here that national security issues are involved. That’s supposed to matter.

Alito has made it clear the evidentiary record that makes it to the Supremes doesn’t matter at all. Then again, so has the whole court, when Alito gets to write the majority opinion.

The Supreme Court is supposed to rule on the law, after the fact record is settled by the trial court. There may be insufficient evidence for a legal ruling, but the appellate courts are bound by the evidence admitted in the trial court.

Alito isn’t. He’s notoriously steeped in MAGA conspiracy theories, as evidenced most recently by his dissent in the mail ballot decision. DOJ is trying to tee this up for Alito and Thomas, hoping they will bring along at least Kavanaugh and Gorsuch and Barrett. I think that’s a long shot, but it’s their strategy; that much is plain.

There should be some evidence on which to base a national security concern presented in the trial court. The DOJ has only vague hand waving about the White House being a secure building. That much is true. But that’s an argument for excluding the press and the public from the building (nobody walks blithely around Langley. For decades NSA didn’t officially have a building.). If you let the press in, even on the basis of press credentials, you can’t start excluding them because you don’t like what they say. Again, that eliminates the purpose of  “Congress shall make no law ... abridging the freedom of speech, or of the press.” (Interesting the amendment focuses on Congress, when Trump thinks he can make laws. But if Congress can’t do it, neither can the POTUS.) So, will Alito dissent when this case reaches the Supremes? One can only hope he has to.

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