White House Ordered by Federal Judge to Restore Associated Press Admission to Press Pool

The Associated Press has traditionally always been included in the small, rotating pool of reporters who are granted access to more intimate White House events. Source: Eric Lee / The New York Times

Earlier this month, a federal judge ruled that the Associated Press must be restored to the White House press pool. This decision follows the White House’s ban of Associated Press reporters in early February from the Oval Office and other limited spaces that the press pool is given access to, after the AP refused to follow President Donald Trump’s executive order to rename the Gulf of Mexico. The AP has traditionally always been included in the “pools” of presidential coverage in places like the Oval Office and Air Force One. 

U.S. District Judge Trevor McFadden ruled in favor of the AP’s claim that this ban is a fundamental attack on free speech. AP Chief White House Correspondent Zeke Miller testified in a March 27 hearing that as a news organization which relies on swift reporting, its coverage has been significantly impeded by the ban. McFadden, a Trump appointee, issued a preliminary injunction against the White House, writing: “the AP’s exclusion has been contrary to the First Amendment, and it enjoins the Government from continuing down that unlawful path.” McFadden added that while the White House took control of deciding who is part of the press pool (reversing decades of precedent), this did not allow the administration to ignore its “constitutional obligation to refrain from viewpoint discrimination in selecting media outlets for participation.” 

The Associated Press has emphasized that this lawsuit was about much more than its own coverage access. In an op-ed for the Wall Street Journal, the AP’s executive editor, Julie Pace, wrote, “For anyone who thinks the Associated Press’s lawsuit against President Trump’s White House is about the name of a body of water, think bigger. It’s really about whether the government can control what you say.” 

This suit is only one of several confrontations between the Trump administration and the media. In March, a federal judge blocked the administration’s attempts to dismantle the government-run news service Voice of America. Trump and House Republicans have also called to defund public broadcasters NPR and PBS, complaining of left-leaning coverage.

The Trump administration has appealed the ruling to the U.S Court of Appeals for the D.C. Circuit. A three-panel judge heard arguments on April 17th. It is unclear when those judges will make their decision. An AP photographer was allowed in the photo pool on the 17th, but a print reporter has not been allowed access to the group since the White House first barred its access in February. The Associated Press has reported that since the preliminary injunction, its reporters have still been prevented from entering the Oval Office and other White House events. A White House official announced earlier this week that it has decided to remove the spot designated for news wire services like the AP from the press pool makeup. Wire services distribute news and information to subscribing media outlets, and this decision will ultimately harm organizations that rely on wire services for coverage they don’t have access to, like local news outlets.  As of April 18, Judge Trevor McFadden has declined to further enforce his order directing the White House to restore the AP’s press pool access.