Associated Press Loses Court Case To Regain Coveted White House Access
A federal judge gave preliminary approval on Friday to a newly revised White House press access policy that strips The Associated Press of its previously favored position, now treating it the same as traditional newspapers.
U.S. District Judge Trevor McFadden—appointed by former President Trump—had previously ruled that the White House acted unlawfully by penalizing AP for declining to adopt the term “Gulf of America.” On Friday, however, he noted that the updated policy appears to be neutral with respect to differing viewpoints.
“I’m not inclined to see anything wrong with it,” McFadden stated during the hearing.
The updated rules place AP reporters—and those from Bloomberg and Reuters—on the same level as print outlets such as The Washington Post, The Wall Street Journal, and The New York Times. Photographers from the AP are also subject to the same guidelines as other media photojournalists.
This change means AP reporters will now rotate into the press pool alongside dozens of other media outlets to cover the president’s public events, significantly reducing how often they receive exclusive access—likely less than once per month.
According to AP’s lawyer, Charles Tobin, the wire service is scheduled to take its first turn under the new policy this coming weekend, coinciding with a day when the president is expected to play golf. “Not exactly a moment in history,” Tobin reportedly said in court, according to The Washington Times.
Judge McFadden responded that the administration is under no obligation to provide AP with “first-in-line, every time” access as it had in the past.
The “in-town press pool” offers reporters access to the president’s public engagements within Washington, including appearances in the Oval Office, while a separate rotating group covers presidential travel aboard Air Force One.
These pools exist to maintain transparency and ensure all outlets receive shared reporting from those selected, the Times noted.
For many years, AP held permanent positions for both a reporter and a photographer in both the in-town and travel pools. But earlier this year, the Trump administration revoked AP’s access, citing its refusal to stop using “Gulf of Mexico,” despite the federal government’s official renaming of the area to “Gulf of America.”
Earlier this month, Judge McFadden ruled that while the executive branch has broad leeway in regulating press access, it crossed a constitutional line by penalizing AP for its editorial choices. “His injunction went into effect on Monday, and two days later, the White House implemented its new policy,” according to the Times, which noted that AP believes the timing was intended to penalize the wire service.
Tobin argued the move was a form of “gamesmanship” and that it served “to dilute the AP’s pool access.”
“Relegating us to an inferior class is a punitive act,” he asserted in court, referring to AP’s new classification alongside newspapers.
McFadden responded that as long as AP is now treated equally with Bloomberg and Reuters—other wire services that previously enjoyed privileged access—there’s no sign of targeted discrimination. Since all three have been moved to the same status, the policy appears legally sound, he said.
He also criticized AP for taking the matter to court just days after the new guidelines were announced.
Back in February, McFadden declined to issue an emergency injunction to stop the administration from enforcing its earlier ban but acknowledged the seriousness of the issue.
Despite supporting the new policy on its face, McFadden reiterated that the law does not support the White House’s effort to exclude AP based solely on its refusal to adopt the term “Gulf of America.”
He also warned that the administration may need to reassess its procedures, especially those giving the White House Correspondents’ Association significant authority over general press access.