A federal appeals court decided on Friday that the Trump administration can temporarily prevent the Associated Press from accessing the Oval Office and other restricted areas, reversing a previous ruling that had granted them access.
In a 2-1 ruling, the U.S. Court of Appeals for the District of Columbia put a hold on a decision made by District Judge Trevor McFadden on April 8.
This exclusion stems from the AP’s refusal to adopt specific Gulf terminology in its widely used style guide.
Justice Neomi Rao opined that the White House is likely to prevail, suggesting that these restricted areas do not fall under First Amendment provisions for unrestricted public discourse. She noted that the White House has the authority to manage press access based on certain perspectives it recognizes.
According to the ruling, the government would experience irreparable harm should the injunction remain, as it disrupts the independence and control over the president’s private spaces.
Judge McFadden had ordered the administration to reinstate the Associated Press’s access to the Oval Office, Air Force One, and other small venues designated for limited numbers of officials and journalists.
Historically, the AP has held a daily spot in the president’s press pool, both at the White House and during travel, with access traditionally granted as part of an established practice.
Rao mentioned, “The AP and the district courts are once again leaning heavily towards the history of press pools as institutions,” but she added that, regardless of tradition, the AP cannot claim a right to access the Oval Office.
The panel also noted it did not suspend other orders from McFadden, restoring the AP’s access to the East Room but maintaining the Oval Office’s exclusivity.
In her dissent, Judge Cornelia Pillard argued that access to the press pool should not be contingent upon the existing viewpoints of news organizations.
Pillard expressed concern that the interim ruling fails to align with First Amendment principles, long-standing White House customs, and the essential role of a free press in democracy.
The Justice Department contended that the spaces the White House sought to restrict were intended for the president’s personal use rather than as a dedicated press area like the Brady Press Briefing Room. They emphasized that the president maintains personal autonomy over whom to engage.
AP lawyer Charles Tobin stated that while the White House cannot selectively exclude outlets based solely on their perspectives, he acknowledged that it is within the president’s rights to revoke their daily press pool spot.
Following McFadden’s favorable ruling for the AP, the White House removed traditionally reserved locations for wire services from the press pool, adjusting the rotation for daily journalists.
“We are disappointed by the court’s decision and are reviewing our options,” stated Patrick Max, spokesperson for the Associated Press. The White House was approached for comment but had not responded at the time.
