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Past presidents have invoked national security, but Trump takes it to new level

SCOTT DETROW, HOST:

Three news organizations say their reporters are back in the White House after being banned by President Trump. The president said this was because they, quote, "purposely write negative news." He also cited national security as a reason, and that is an argument Trump often makes when pursuing controversial actions like building a new White House ballroom and a massive triumphal arch. For more, we are joined by NPR's Greg Myre. Hey, Greg.

GREG MYRE, BYLINE: Hi, Scott.

DETROW: So first, what is the latest on the three news organizations trying to get back into the White House?

MYRE: Yeah. The three outlets - CNN, Politico and MS NOW - said the White House returned press credentials to their reporters and allowed them back inside around midday today. And after a federal court hearing Wednesday, the judge said, early this morning, the reporters must be permitted back for two weeks while he is considering a final ruling. The judge said the three news organizations have shown a high likelihood of success with their legal challenge. So the reporters are back for now, and we'll keep watching the case.

DETROW: But let's get to that national security question. Even though there is no obvious link to public safety, why does the president keep taking this approach?

MYRE: Yeah. The president's critics say he does this because judges and courts tend to be extremely deferential when a president claims national security. We should stress that in these recent cases, Trump didn't initially invoke national security when he took these actions. Only when faced with legal challenges did the president and his lawyers turn to national security as a defense. Here's Harold Hongju Koh. He's a former State Department official who now teaches at Yale Law School.

HAROLD HONGJU KOH: It's a lipstick he puts on every pig. Tariffs are for national security. Building a border wall is for national security. Building a ballroom is for national security. At a certain point, you know, as P.T. Barnum says, you can't fool all the people all the time.

DETROW: Does it work sometimes, though?

MYRE: Well, it has worked in many cases for presidents. They determine what a national security issue is. And most every president in the modern era has made this claim. You know, we saw it a lot under President George W. Bush. He often cited it as laws, rules and norms kept changing in the aftermath of the 9/11 attack. But in these cases, the president's motives seem pretty clear. He felt it was a national security issue. The question was whether his action was legal and constitutional. And that connection isn't really clear in many of Trump's claims. Here's Koh again.

KOH: What Trump is consistently doing is trying to use the national security tail to wag a dog, and the dog is usually some effort to steal Congress's power for his personal glorification.

DETROW: Remind us, also, Greg, of the ways that President Trump's arguments have changed in these recent cases.

MYRE: Yeah. With the White House reporters, Trump initially said he just didn't like their negative stories. But when it became a court case, he said, quote, "I'm talking about national security, and I think we have the right to clean out fake news." And with the massive arch Trump wants to build, he said it would be an iconic landmark. But recently, he announced it would have snipers on the roof and it would store ammunition, and this is even though the Pentagon is less than 2 miles away. And then regarding the White House ballroom, Trump repeatedly talked about the need for a larger venue for big social events. But now he's emphasizing a new bunker being built beneath it. He's calling the entire project a military complex.

DETROW: NPR's Greg Myre, thank you so much.

MYRE: Sure thing, Scott.

(SOUNDBITE OF LUPE FIASCO SONG, "OUTSIDE") Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Greg Myre is a national security correspondent with a focus on counter-terrorism.