DOJ Probes TV Networks Over White House Pool Boycott

WASHINGTON: The Justice Department has opened an antitrust investigation into five major American television networks over their brief suspension of pooled White House coverage last month, opening another front in the Trump administration's pressure campaign against the press.

The networks under scrutiny are ABC, CBS, CNN, Fox News and NBC, the five outlets that have shared the television pool for decades. The pool is a rotating arrangement in which one network's crew films presidential events in tight spaces and shares the footage with the others.

"Members of the television press pool have proudly boycotted covering White House events," the Justice Department said in a statement. "Group boycotts among commercial competitors can violate the Sherman Act. The Antitrust Division is investigating to determine whether these news organizations have violated the antitrust laws."

How the dispute started

On Sept. 18, President Donald Trump barred CNN, MS NOW and Politico from the White House complex, complaining about their coverage. The outlets sued, arguing the ban violated their First Amendment rights.

In solidarity with CNN, the five networks agreed not to substitute for the network on days the administration blocked it from its pool rotation. The TV pool chair said at the time that with Trump "preventing CNN from fulfilling its assigned pool duties," no replacement coverage would be put in place. There was no pooled TV coverage of some presidential events for several days, including an event with Chinese President Xi Jinping.

On Sept. 24, a federal judge temporarily blocked the administration from enforcing the media ban, issuing a restraining order that required the White House to reinstate the outlets' press passes for two weeks. The networks have since resumed pool coverage. A final decision in the underlying case is still pending.

The probe

The networks learned of the investigation on Friday, Oct. 9, when Justice Department officials sought records of their communications about the pool, according to people familiar with the matter. The inquiry was first reported by The New York Times on Saturday.

It comes two weeks after Trump ally Laura Loomer publicly encouraged the Justice Department to challenge the networks on antitrust grounds.

A Justice Department spokesperson confirmed the contours of the investigation to CNN, repeating the claim that the networks had "boycotted" White House events. Representatives for the five networks either declined to comment or did not respond.

Why it matters

Press advocates called the probe an intimidation tactic. Bruce Brown, president of the Reporters Committee for Freedom of the Press, called the use of antitrust authority "another and even more brazen attempt to try to intimidate journalists." Jose Zamora of the Committee to Protect Journalists said the government should not use antitrust investigations to pressure outlets defending press access. One leading First Amendment group called the legal theory nonsensical.

The investigation fits a pattern. Trump said in July that ABC and NBC should lose their broadcast licenses for not carrying one of his speeches. His administration has stripped White House press passes from more than 70 journalists, subpoenaed reporters and limited media access to government spaces.

What happens next

The department has issued civil investigative demands, the first formal step in an antitrust inquiry. Whether it leads to charges, a settlement or nothing at all will depend on what the communications show. The underlying press-access lawsuit continues separately, with the judge expected to issue a more lasting ruling soon.

Key numbers

• 5: the networks under investigation (ABC, CBS, CNN, Fox News, NBC)
• 70+: journalists whose White House passes the administration has stripped
• Sept. 18: the date Trump barred CNN, MS NOW and Politico
• Sept. 24: the date a judge temporarily blocked the ban