A federal judge on Monday declined to issue a temporary restraining order against the White House for denying The Associated Press full access in covering the administration, asking for a fuller briefing before making a decision.
The AP was barred indefinitely from the Oval Office and Air Force One because of its refusal to change its style on the Gulf of Mexico after President Donald Trump renamed it the “Gulf of America.” The wire service has accused Trump administration officials of violating its First Amendment protections by refusing access.
Judge Trevor McFadden told the court there were several reasons he denied the temporary restraining order. He noted there was a difference in the issues of this case and case law presented by both parties.
He also questioned the amount of irreparable harm the AP would suffer as the news outlet can get access to the same information whether or not they’re in the room where it happened, he argued.
Charles Tobin, attorney for the Associated Press, argued that there are elements to be reported that cannot be seen on a television screen and necessitate a journalist being in the room.
“We’re not arguing the president has to answer the Associated Press’ questions,” Charles Tobin said, but access “can not be denied without due process.”
The judge said he was not inclined to “act precipitously" with regard to the executive office of the president.
The AP also waited 10 days to file their case, McFadden noted.
“I can’t say the AP has shown a likelihood of success here,” the judge said.
In a statement following the ruling, AP spokesperson Lauren Easton said the agency looks forward to its next hearing on March 20, "where we will continue to stand for the right of the press and the public to speak freely without government retaliation. This is a fundamental American freedom.”
U.S. Attorney Brian Hudak argued that the case was about whether the president could decide who has access to him. No one, he said, has "special access right."
“If tomorrow the White House decides to abolish the White House press pool, they can do that,” Hudak said. “I don’t think that offends the Constitution.”
Trump signed an executive order on the day of his inauguration renaming the body of water the "Gulf of America," but the AP said that it will refer to it "by its original name while acknowledging the new name Trump has chosen."
Trump defended the ban on AP journalists at a news conference in Florida last week, directly referring to the outlet's choice about what to call the Gulf.
"I just say we're going to keep them out until such time that they agree it's the Gulf of America," Trump said.
He also criticized the outlet's coverage of him, the election and the Republican Party. Trump said that the AP has done him and the GOP no favors, "and I guess I'm not doing them any favors."
The First Amendment says that Congress shall pass no law "abridging the freedom of speech, or of the press."
The AP filed suit accusing the government of retaliating against press freedom, specifically naming White House chief of staff Susan Wiles, deputy chief of staff Taylor Budowich and press secretary Karoline Leavitt.
“This targeted attack on the AP’s editorial independence and ability to gather and report the news strikes at the very core of the First Amendment,” the news agency said. “This court should remedy it immediately.”
