On Friday (April 18), a federal judge in the United States refused to once again order the White House to comply with his orders to restore the privilege of access for the Associated Press (AP) to certain areas within the White House. Previously, the judge had hinted that senior White House officials would face severe consequences if they violated his orders.
US District Judge Trevor McFadden stated that he was inclined to agree with the latest policy of the Trump administration, which involved revoking permanent spaces for all news agencies while retaining their eligibility to participate in press pool rotations.
In making this decision, he stated, “I have no intention to micromanage the White House.” However, he also noted that if the Associated Press continued to receive “second-class treatment,” it would be a “very serious issue.”
Earlier this year, the Associated Press sued three senior White House officials after being deprived of access to the Oval Office, Air Force One, and other restricted areas due to the AP’s refusal to use the term “American Bay” in its popular style guide.
Last week, Judge McFadden ruled to allow AP reporters to participate in White House press events open to similar news organizations.
However, shortly after the judge’s order took effect, the White House issued a new policy regarding media rotation interviews, prompting the Associated Press to request the judge to compel the White House to continue complying with the previous order.
The Associated Press’s lawyer argued that the White House’s new policy was “spitting in the face of the court,” clearly aimed at completely canceling news agency interview slots and reducing opportunities for news agencies to interview the president, stating, “We didn’t get interview slots on Monday, Tuesday, or Wednesday.”
On Thursday and Friday, AP photographers were allowed to take pictures, but since the implementation of the new White House policy, AP reporters have yet to gain interview opportunities.
Justice Department lawyers urged the court to “take it slow,” considering that the White House policy had only been in effect for three days with the court order implemented for five days, stating that it was “too quick” to determine issues with the White House’s new policy. They also argued that officials like Karoline Leavitt who were tasked with enforcing the judge’s order would surely comply.
Nevertheless, Judge McFadden expressed some concern about the outcome of this week’s events, stating, “It certainly makes me a bit worried.”
On Thursday, the White House appealed Judge McFadden’s decision. The Trump administration argued that the lower court’s ruling requiring AP reporters to be permitted White House access for interviews encroached on the president’s authority to determine who enters sensitive areas, thus requesting the appeals court to stay the execution of the lower court’s ruling during the appeal process.
On Thursday, before a hearing at the Washington Circuit Court, a panel of three judges deliberated on whether to stay the execution of McFadden’s order during the White House’s appeal. The panel seemed divided on the issue of the AP’s visitation rights but had not yet made a decision.
On February 14, the White House announced a ban on AP reporters entering the Oval Office and Air Force One, citing the media’s refusal to use the term “American Bay” as requested by the Trump administration. White House Deputy Chief of Staff, Taylor Budowich, stated that the AP’s continued refusal to acknowledge the legal name change to “American Bay” was causing division and spreading misinformation.
(This article referenced reporting from the “Hill” newspaper.)