Justice Department opens antitrust investigation into TV networks over White House pool boycott

The networks learned of the probe on Friday, when Justice Department officials sought records of communication among them regarding the television pool, a small rotating group of journalists that covers the president in tight spaces and shares the footage with the larger press corps. The five networks that make up the pool are ABC, CBS, CNN, Fox News, and NBC.

The dispute began September 18, when Trump said he was banning CNN, MS NOW, and Politico from the White House complex, complaining about their coverage. The outlets sued, arguing the ban violates their constitutional rights, and a federal judge issued a temporary restraining order on September 24 requiring the White House to reinstate their press passes for two weeks. A final decision is still pending.

On September 21, the television pool announced it would suspend coverage of White House events after Trump prevented CNN from fulfilling its assigned pool duties during his trip to the United Nations General Assembly. There was no pooled television coverage of the president for several days until the judge's order took effect.

'Members of the television press pool have boycotted covering White House events,' Covington 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.' The probe was first reported by The New York Times on Saturday.

The inquiry escalates the administration's clash with the press corps. Two weeks earlier, Trump ally Laura Loomer had publicly encouraged the Justice Department to challenge the networks on antitrust grounds. A leading First Amendment group called the probe nonsensical. Jose Zamora, the Committee to Protect Journalists' regional director for the Americas, said the government 'should not use antitrust investigations to intimidate news outlets defending press access,' arguing the public's right to know depends on that access. Representatives for all five networks declined to comment or did not respond.