A federal judge denied an emergency motion to restore access for Associated Press reporters and photographers to White House events Monday, pending a fuller briefing and another hearing before he rules.
Last week, the Associated Press sued three Trump administration officials — White House chief of staff Susie Wiles, deputy chief of staff Taylor Budowich, and press secretary Karoline Leavitt — arguing its reporters have been unconstitutionally banned in retaliation for the news service’s refusal to change its style from the Gulf of Mexico to the “Gulf of America,” after President Trump signed an executive order in January renaming the body of water.
Judge Trevor McFadden, appointed to the federal bench by President Trump, said that an expedited briefing schedule would be necessary and additional briefs would be required before he could make a decision in the matter.
Charles Tobin, an attorney for the Associated Press, argued that AP’s reporters and photographers have been “unable to report first-hand” on the Trump administration after its reporters and photographers were banned from some events covered by the White House press pool earlier this month, damaging the company’s reputation with its subscribers and the ability of its reporters to accurately cover the president.
Tobin argued for a full restoration of the Associated Press’ access to the White House pool and greater White House press events, including its previous ability to travel with the president. Typically, the Associated Press has a print reporter and photographer at all official White House press events.
An attorney for the Trump administration argued that the “content of a journalist’s speech” can be considered in whether to grant access or not and that Mr. Trump has the ability to block any media he wants from access.
“There is no right to have special access to the Oval Office,” the attorney said.
In a court filing in support of the administration’s ban, Wiles argued that the determination to ban the Associated Press from covering President Trump as part of the White House press pool was not about cutting it off entirely from access to the White House, but rather, “losing special media access to the President — a quintessentially discretionary presidential choice that infringes no constitutional right.”
In a statement sent to reporters after the hearing, the White House said, in part, that “asking the President of the United States questions in the Oval Office and aboard Air Force One is a privilege granted to journalists, not a legal right.”
The next hearing in the case will be March 20, when both sides will be in court for a hearing on the AP’s motion for a preliminary injunction.
Scott MacFarlane
contributed to this report.
