A judge on Monday refused to grant the Associated Press immediate access to the White House press pool, amid an ongoing dispute over President Trump’s renaming of the Gulf of Mexico.
Judge Trevor McFadden, a Trump appointee, denied the AP’s motion for a temporary restraining order. But he will later consider a request for a preliminary injunction.
For the last two weeks, the White House has barred AP reporters from accessing events in the Oval Office and the East Room. The organization’s White House press credentials have not been revoked, but its reporters have been excluded from areas covered by the 13-member pool, which also includes Air Force One.
According to the AP, the judge found that the AP had not demonstrated it is suffering “irreparable harm” — a requirement to obtain a restraining order. But he also said that the White House move to target one organization is “problematic.” The judge also warned the government the case law on press access “is uniformly unhelpful to the White House,” and advised that it may want to reconsider is position.
The White House responded with a statement declaring “victory against the Associated Press.”
“As we have said from the beginning, 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 White House said. “We stand by our decision to hold the Fake News accountable for their lies, and President Trump will continue to grant an unprecedented level of access to the press. This is the most transparent Administration in history.”
The AP filed a lawsuit on Friday, arguing that the move is retaliation for the organization’s refusal to adopt Trump’s new name, the Gulf of America, in lieu of the traditional name. The organization argued that Trump is seeking to compel speech in violation of the First Amendment.
The AP sought a temporary restraining order that would immediately restore access to pooled events while the case is pending. In response, the Justice Department argued that the AP has not been prevented from covering White House events because its reporters are able to rely on the reporting from other members of the pool.
Trump issued an executive order on Jan. 20 renaming the body of water the Gulf of America.
The AP refused to adopt that name in its influential Style Guide, noting that other countries that surround the gulf have not gone along with it, and that the body of water has been called the Gulf of Mexico for 400 years.
“The Associated Press will refer to it by its original name while acknowledging the new name Trump has chosen,” the outlet declared. “As a global news agency that disseminates news around the world, the AP must ensure that place names and geography are easily recognizable to all audiences.”
The decision rankled the White House. On Feb. 14, Taylor Budowich, the deputy chief of staff, wrote on X that the AP had chosen to ignore the gulf’s “lawful geographic name.”
“This decision is not just divisive, but it also exposes the Associated Press’ commitment to misinformation,” Budowich said.
The White House Correspondents Association has traditionally determined the pool assignment, which has included an AP reporter and photographer among the 13 members.
In opposing the restraining order, the DOJ lawyers argued that the president can choose whom to afford special access.
“Just as the President need not furnish a personal interview to all journalistic comers, the President hasdiscretion to decide who will have special media access to exclusive events within the Oval Office,” they wrote.
The DOJ also argued that the AP is being treated like the majority of outlets that cover the White House, which do not participate in the pool.
