The ongoing legal dispute between The Associated Press and the Trump administration intensified as both parties returned to court on Thursday, with further proceedings scheduled for Friday. This conflict arises from a controversial decision by the administration to determine which journalists have access to President Donald Trump, particularly during significant events such as those in the Oval Office or aboard Air Force One.
The U.S. Court of Appeals saw arguments from both sides on Thursday, centered around a recent lower court ruling that ordered the administration to cease excluding the AP from covering these events. The timing of a judicial decision on this matter remains uncertain.
On Friday, the focus will shift to U.S. District Court Judge Trevor N. McFadden, the author of last week’s decision. The Associated Press has requested him to enforce his ruling, as they claim their reporters and photographers have been barred from events following President Trump’s dissatisfaction with the outlet’s refusal to rename the Gulf of Mexico. Judge McFadden previously affirmed that disagreement with the AP does not justify their exclusion.
The Trump administration argues that a new rotation system has been implemented for event coverage, asserting that the AP’s turn has not yet arrived. Eric McArthur, deputy assistant attorney general, emphasized that presidential discretion allows Trump to choose which journalists to invite, citing examples of selective interviews from other news organizations.
Conversely, Charles Tobin, representing the AP, contends that when the president invites journalists to cover public events, discrimination based on viewpoint is unacceptable. Tobin highlighted that the issue lies in exclusion, not invitation, a distinction underscored by the judges.
Judge Gregory Katsas, a Trump appointee, questioned the boundary between selective invitation and viewpoint-based exclusion. The administration insists that the president has no obligation to conduct the press pool in a manner consistent with previous practices or his first term.
Concerns were raised about the judiciary’s potential involvement in determining media access to the president. Tobin reiterated Judge McFadden’s prior ruling, emphasizing that exclusion based on disagreement with the AP violates the First Amendment, stating that the president cannot override constitutional protections.