A federal judge has refused to reinstate the Associated Press’ (AP) special access to the Oval Office, Air Force One, and Mar-a-Lago after the news outlet filed a lawsuit against White House press secretary Karoline Leavitt, chief-of-staff Susie Wiles, and deputy chief of staff Taylor Budowich.
The AP claimed that their exclusion from these press venues violated their First Amendment rights, but the court did not agree.
U.S. District Judge Trevor McFadden ruled against temporarily reinstating the AP’s privileges while the lawsuit proceeds, CNN reported.
According to the White House’s response to the lawsuit, President Donald Trump personally made the decision to revoke AP’s long-held special status, accusing them of “dishonest reporting.”
One major point of contention between Trump and the AP was the outlet’s refusal to adopt the administration’s new terminology, “Gulf of America,” in place of “Gulf of Mexico.” Trump was reportedly frustrated by the AP’s decision to continue using the traditional name.
McFadden has scheduled a hearing for March 20 to consider the AP’s request for a preliminary injunction. In response to the lawsuit, the White House stated that “the Associated Press continues to enjoy general media access to the White House press facilities,” emphasizing that the outlet had not been completely barred from reporting on presidential activities.
“This case is not about prohibiting the Associated Press from entering White House grounds,” the administration argued. “Nor is it about prohibiting the Associated Press from attending briefings in the James S. Brady Briefing Room or using other press facilities at the White House. Instead, this case is about the Associated Press losing special media access to the President—a quintessentially discretionary presidential choice that infringes no constitutional right.”
The White House also noted that the AP’s coverage of presidential events has not suffered since the revocation of special access. The outlet continues to report on briefings and events through pool reports, which are available to all accredited journalists.
“Presidents historically provided this special access to the Associated Press, but that discretionary choice does not create a constitutional right,” the White House response stated. “Just as the President need not furnish a personal interview to all journalistic comers, the President has discretion to decide who will have special media access to exclusive events within the Oval Office.”
Judge McFadden agreed with the White House’s position, rejecting the AP’s claim that losing exclusive access caused them “irreparable harm.” He ruled that the AP can still obtain information through pool reporters and cameras, making their exclusion from special events non-critical to their journalistic work.
The controversy over the renaming of the Gulf of Mexico to the “Gulf of America” appears to have played a role in Trump’s frustration with the AP. The initiative was reportedly inspired by conservative commentator Kevin Posobiec. On February 9, Trump signed an executive order designating the date as “Gulf of America Day” and directing the Department of the Interior to rename the U.S. continental shelf region within the former Gulf of Mexico.
For now, the AP remains excluded from exclusive presidential press access, and it remains to be seen whether their lawsuit will lead to a different outcome in the coming months.