A federal judge on Friday gave tentative approval to a new White House press policy that demotes The Associated Press to the same status as newspapers, removing the storied wire service’s previous special access to the president.
U.S. District Judge Trevor McFadden, who previously ruled that the White House illegally discriminated against AP for refusing to use the term Gulf of America, said the new policy appears to be viewpoint neutral.
“I’m not inclined to see anything wrong with it,” the judge said in a hearing Friday.
The new policy demotes reporters for AP — and the other major wire services, Bloomberg and Reuters — to the same status as newspapers such as The Washington Times, The Wall Street Journal and The New York Times. The policy says AP photographers will have the same standing as other photojournalists.
That means AP reporters will be part of the rotating pool of reporters assigned to follow the president’s daily doings. Dozens of organizations are in the rotation, so AP will have special access less than once a month, the same as the newspapers.
The AP’s first turn is due this weekend, according to Charles Tobin, the news service’s lawyer. He complained to the judge that means AP will be assigned to a day when the president’s schedule calls for him to play golf.
“Not exactly a moment in history,” Mr. Tobin complained.
But Judge McFadden said the White House doesn’t have to give AP the “first-in-line, every time” position it used to enjoy.
The in-town press pool has access to the president’s public events in the Oval Office and around town. Also, a separate rotating travel pool can join Air Force One and cover the president on trips.
The point of the pool is to give journalists access and share their reporting with other news outlets.
For decades, AP had permanent slots for a reporter and photographer in the travel and in-town pools.
But the Trump White House booted them this year, citing the wire service’s continued use of “Gulf of Mexico,” even after the government officially changed the name to Gulf of America.
Judge McFadden this month ruled that while the White House has wide discretion in access to the president, it crossed the line by penalizing AP based on its viewpoint.
His injunction went into effect on Monday, and two days later, the White House implemented its new policy.
On Thursday, an AP photographer was part of the photo rotation, and an AP reporter is slated for duty this weekend.
AP argued that the policy was written to punish its staff.
Mr. Tobin said it smacked of “gamesmanship” and was an attempt “to dilute the AP’s pool access.”
“Relegating us to an inferior class is a punitive act,” he said of AP’s new status as equal to newspapers.
Judge McFadden said as long as AP is treated the same as the other two wire services that also used to enjoy special access, there is no demonstrable discrimination. And since all the wire services were demoted to the same position as newspapers, there doesn’t appear to be a problem.
He closed the hearing by chiding AP for rushing to the court just a few days after the new policy took effect.
