A federal judge declined a request on Monday to temporarily restore the Associated Press’ (AP) access to certain events involving President Donald Trump, including the Oval Office and Air Force One. This decision stems from a ban imposed by Trump earlier this month due to the AP's continued use of the term “Gulf of Mexico,” a name Trump had changed to “Gulf of America.”
US District Judge Trevor McFadden, appointed by Trump in 2017, denied the AP's request for a temporary restraining order but scheduled a hearing on March 20 to further evaluate the AP's petition for a preliminary injunction. McFadden cited several reasons for his decision, including the absence of “irreparable harm” to the AP, as the organization can still access information through pool notes provided to all members of the White House Correspondents’ Association.
The judge remarked on the delay in the AP's lawsuit, suggesting it indicated the absence of immediate injury. However, McFadden expressed some skepticism regarding the legality of the ban, labeling it “discriminatory” and “problematic.” He questioned the longstanding practice of the White House relying on a private organization like the White House Correspondents’ Association to manage press access.
White House press secretary Karoline Leavitt defended the decision to limit the AP's access, stating that asking the President questions is a privilege, not a legal right. Meanwhile, AP spokesperson Lauren Easton emphasized the importance of press freedom, expressing anticipation for the next hearing.
The AP filed a lawsuit against Trump’s chief of staff Susie Wiles, Leavitt, and deputy chief of staff Taylor Budowich, arguing that the ban infringes upon the First Amendment and the Fifth Amendment’s due process clause. AP attorney Charles Tobin criticized the ban for forcing the AP to adopt “official government vocabulary” by restricting access to presidential events.
Tobin contended that the ban seemed to be expanding, affecting both reporters and photographers, and creating a “total bar” to the AP's access. He argued that the AP’s exclusion from key areas like the Oval Office and Air Force One hindered its ability to report timely and comprehensive news.
The Justice Department, representing the White House, argued that the ban does not impair the AP’s ability to report on the president. DOJ attorney Brian Hudak emphasized that the president can choose whom to engage with, while Judge McFadden was unconvinced that access to the press pool equates to an exclusive interview with the president.
Major news outlets, including The New York Times, NBC, The Wall Street Journal, Fox News, Newsmax, and CNN, have rallied behind the AP, urging the White House to lift the ban. Despite Trump’s renaming of Mount McKinley, the AP maintains its use of “Gulf of Mexico” as it is an internationally recognized name.
The White House Correspondents’ Association also supported the AP, warning that the ban jeopardizes the integrity of the White House press corps. The case draws parallels to a previous incident involving CNN correspondent Jim Acosta, where a federal judge sided with CNN on due process grounds, resulting in the restoration of Acosta's press pass.
