Attorneys for the U.S. Department of Justice on Monday argued that the Associated Press (AP) has no legal right to access press events involving President Donald Trump or other White House officials.
The argument was laid out in a 23-page brief filed by the DOJ in advance of an emergency court hearing that was held Monday afternoon, through which the AP is requesting that the Trump administration be forced to provide access to media events while the case proceeds. A federal judge rejected the AP’s request for a temporary injunction, but urged the White House to reconsider its ban, finding that existing case law was “uniformly unhelpful to the White House.”
The AP sued three White House officials last week after its reporters and photographers were barred from attending press events involving Trump and others. The AP remains involved in the White House Press Corps’ pool rotation, which grants access to Trump and some White House events to a limited number of reporters and photographers on the basis that photographs and reports will be shared with other publications and news organizations.
The AP was turned away from an event involving Trump two weeks ago, apparently over the organization’s decision to avoid referring to the Atlantic Gulf as the “Gulf of Mexico.” Trump took issue with that decision, with officials saying the AP was weaponizing its famed StyleBook, which is used by the non-profit news organization and many of its commercial clients.
“As the Associated Press itself reported, the President himself made the decision to terminate its access,” lawyers for the DOJ wrote in their brief on Monday.
The lawyers contend that the AP is still able to cover the Trump administration from afar, rejecting the notion that the outlet’s constitutional rights are being violated by refusing to give them direct access to Trump, administration officials or the White House itself.
“The President has absolute discretion to give interviews to whomever he pleases; the First Amendment does not compel him to give a personal audience to any particular journalist,” the attorneys wrote.
Later in the day, U.S. Attorney Edward Martin issued a statement via X (formerly Twitter) reaffirming their position.
“As President Trumps’ [sic] lawyers, we are proud to fight to protect his leadership as our President, and we are vigilant in standing against entities like the AP that refuse to put America first,” the statement said.
The comments were in stark contrast to the DOJ’s typical assertion that its attorneys and prosecutors represent the United States, and not the president in a personal capacity, though the agency does advise the president on legal matters.
