Appeals court hears arguments on Trump restricting AP from White House spaces

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard arguments at the E. Barrett Prettyman Federal Courthouse on April 17, 2025, over the White House denying The Associated Press journalists from certain spaces open to other journalists. (U.S. General Services Administration photo)
WASHINGTON — The Associated Press and the Trump administration faced tough questioning in court Thursday as the White House fights to block a lower court order mandating officials stop denying the wire outlet entry to spaces where other journalists are permitted.
A three-judge panel for the U.S. Court of Appeals for the District of Columbia grilled the parties at length on how the First Amendment applies to journalists in the Oval Office and other areas, and whether the president can decide which journalists follow him in the press pool and exclude others based on their viewpoint.
The case, playing out at the district court level as well, tests decades of established press access for the AP in the White House, which was curtailed after President Donald Trump declared the term “Gulf of America” should be used rather than “Gulf of Mexico.”
District Judge Trevor McFadden sided with the AP on April 8 on the grounds that the Trump administration violated the wire service’s First Amendment rights when it publicly retaliated against the agency for an editorial decision to continue using “Gulf of Mexico” in its reporting and influential stylebook.
Oval Office not for ‘silent retreat’
Before the appeals court Thursday, Eric D. McArthur, representing the government, argued against McFadden’s “unprecedented” preliminary injunction, saying it interferes with the president’s “autonomy” in “highly restricted spaces.”
Pointing out the AP was not demanding access “when the president wants to concentrate on his writing and his work,” Judge Corenlia Pillard said “it’s a little confusing to me when you say a place of ‘autonomy.’”
“You make the Oval sound like a place of silent retreat,” said Pillard, who was appointed to the appeals bench during President Barack Obama’s second term.
Pillard also highlighted the expectation of privacy is different for people in “high public office.”
“There’s already a dozen people in there, so he’s agreed to have a press pool,” she said during McArthur’s roughly 45-minute questioning.
The administration argued in its emergency appeal to block the ruling that Trump will be “irreparably injured” if the higher court doesn’t stay the lower court order while it adjudicates the case.
Officials also countered that the First Amendment protects the president’s right to choose which journalists enter the Oval Office, Air Force One or Mar-a-Lago based on the content of their coverage.
Where’s the distinction?
Charles Tobin, attorney for the AP, argued that the White House has “brazenly excluded” AP reporters and photographers from opportunities open to other journalists.
McFadden “appropriately and very narrowly tailored” his injunction, Tobin said. The lower judge ruled that, under the First Amendment, once the White House opens doors for all journalists to spaces including the Oval Office and East Room, it cannot then exclude them based on viewpoint.
McFadden explicitly wrote his ruling does not mandate journalists be given access to the president or that the president cannot choose which outlets to grant exclusive interviews.
Judge Neomi Rao said, “the AP concedes he could choose journalists based on viewpoint for exclusive interviews.”
“When you’re talking about 10 or 12 journalists in the Oval or on his plane or in his home at Mar-a-Lago, what is the distinction?” asked Rao, who was appointed during Trump’s first presidency.
Tobin replied that the pool is a system that invites numerous journalists to participate on a rotating basis.
“That’s exactly where the distinction lies,” he said.
Private invitations allowable
Judge Gregory Katsas presented other scenarios when the president could invite only “supportive” members of the public and press, for example in the Cabinet room for a policy rollout.
Tobin argued if the event is open to all press members, the president cannot discriminate based on viewpoint.
“Once you have a system of rotation, that’s when the viewpoint becomes anathema,” Tobin replied.
What if the president “tapped (certain reporters) on the shoulder” and invited only them into the Oval Office, asked Katsas, who was appointed during Trump’s first term.
Tobin replied the president could handpick reporters for a private interview in the Oval Office, as long as it wasn’t an event open to the wider press pool.
“This seems awfully close to what’s happening here,” Katsas said.
Wire position axed
On Wednesday the White House announced a new media policy placing restrictions on all wire services’ access to the Oval Office and other spaces. Other wire services include Bloomberg and AFP.
Despite McFadden’s court order, the White House on Monday denied entry to an AP reporter and photographer to an Oval Office press conference between Trump and El Salvador President Nayib Bukele.
The AP filed a motion in district court Wednesday requesting McFadden to enforce his preliminary injunction.
McFadden has scheduled a hearing for Friday.
The White House began denying the AP entry to the Oval Office, East Room and other places on Feb. 11.
Trump’s press secretary, Karoline Leavitt, announced in late February that White House officials would take over pool rotation decisions from the White House Correspondents Association, a member organization that has self-governed journalist rotations and briefing seats placement since the Eisenhower administration.