In a recent development, Karoline Leavitt, the White House Press Secretary, has secured an initial triumph in the legal battle instigated by the Associated Press (AP) against the Trump administration.
The lawsuit was triggered by the AP's claim that its First Amendment rights and Fifth Amendment due process rights were violated when it was barred from certain events for refusing to use the phrase "Gulf of America." The lawsuit also names White House Chief of Staff Susan Wiles and Deputy Chief of Staff Taylor Budowich.
According to the Daily Mail, U.S. District Judge Trevor McFadden, a Trump appointee, declined the AP's request for temporary restoration of access to some of President Trump's events, the Oval Office, and Air Force One.
McFadden cited several reasons for denying the request for emergency relief at this stage. He was not convinced that the news organization was facing "irreparable harm" due to the ban. He stated that the AP "can get access to the same information" from the pool notes provided to all members of the White House Correspondent's Association, even if it's barred from newsworthy events.
McFadden also suggested that the AP's delay in filing the lawsuit indicated that it wasn't suffering any harm that required immediate action. "I can't say the AP has shown a likelihood of success here," he commented during a court hearing. However, he did express concerns about the legality of the ban, describing it as 'discriminary' and "problematic." He acknowledged the long-standing practice of having a wire service at presidential news events, which the White House has traditionally accepted.
The judge also noted that it seemed the White House had discriminated against the AP due to its coverage choices. "That does feel kind of problematic here," he said. He suggested that the White House should consider whether their actions were appropriate given the case law.
Charles Tobin, an attorney for the AP, argued that the ban's "ground seems to be shifting," claiming its scope expanded in recent days to include both Associated Press reporters and photographers. He alleged that the Trump administration "picked on AP and nobody else" because the news organization publishes the widely-used stylebook for media outlets. He contended that the government wanted his client to "help them in their mission of changing the national vocabulary."
However, attorneys from the Department of Justice, representing the Trump administration in the federal suit, urged McFadden not to intervene at this point. They argued that the ban has not impaired the AP's ability to report thoroughly on the president. They maintained that the AP does not have a constitutional right to what they called "special media access to the President." They asserted that it is the President's prerogative to choose which members of the news media to allow in otherwise restricted areas.
Following the ruling, Leavitt stated that the Trump administration stands by its decision to limit the AP's access to the president. "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," she said.
President Trump also celebrated the news, posting a photo of the Briefing Room displaying signs reading 'Victory: Gulf of America.' Meanwhile, Lauren Easton, an Associated Press spokeswoman, said they look 'forward to our next hearing on March 20 where we will continue to stand for the right of the press and the public to speak freely to government retaliation. This is a fundamental American freedom,' she argued.
The White House Correspondent's Association filed a friend-of-the-court brief in support of the Associated Press, stating that Trump's ban "threatens the integrity of the White House press corps and its first-line coverage of the American presidency." It warned that the ban "will chill and distort news coverage of the president to the public's detriment." Over 40 news organizations, including right-leaning Fox News Channel and Newsmax, had previously signed onto a letter organized by the White House Correspondents' Association urging the White House to reverse the AP ban.
Newsmax, in a statement obtained by DailyMail.com, said, "We can understand President Trump's frustration because the media has often been unfair to him, but Newsmax still supports the AP's right, as a private organization, to use the language it wants to use in its reporting." This case continues to unfold, with the next hearing scheduled for March 20, and the media world keenly observing the developments.
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