Judge Rejects Trump’s Bid to Pause Order Allowing Associated Press Back into Press Pool

A federal judge has ruled against the Trump administration’s request to delay an order allowing the Associated Press (AP) back into the White House press pool. U.S. District Judge Trevor McFadden, appointed by President Donald Trump, issued a five-page memorandum order on Friday denying the administration’s plea for a stay pending appeal. This marks the second loss for the government this week in the ongoing legal battle.

Court’s Ruling and Future Legal Developments

Although McFadden refused to extend his order, which mandates that the AP be reinstated into the White House press pool, there remains a possibility for further legal action. The Department of Justice (DOJ) filed for a stay with the D.C. Circuit Court of Appeals on April 10, two days after McFadden’s ruling. While McFadden allowed a temporary stay until April 13, 2025, to give the government time to file an appeal, he made it clear that this would not be extended further. In his ruling, McFadden expressed that the DOJ had failed to demonstrate a likelihood of success in its appeal, effectively leaving the AP’s access to the White House intact for now. He also highlighted that the case’s issue wasn’t about controlling access to the President’s “intimate spaces,” as the government argued, but about applying First Amendment principles to ensure that the press has access to government spaces that are typically open to reporters.

Government’s Argument and McFadden’s Rejection

In their motion, the DOJ argued that McFadden’s order interferes with access to “intimate spaces” such as the Oval Office, Air Force One, and Mar-a-Lago. They contended that the government should have the right to control access to these areas. However, Judge McFadden rejected this claim, stating that the government’s argument was “untethered from precedent.” He emphasized that government offices like the Oval Office and Air Force One are often frequented by reporters, contradicting the claim that these spaces should be considered “intimate” and off-limits to the media. McFadden further noted that if the administration is allowed to shut out certain journalists from these spaces, it would violate the First Amendment. He pointed out that the government could ban journalists only if it extended the same ban to all press members, regardless of their viewpoints. This ruling reinforces the constitutional requirement that the government cannot discriminate against journalists based on their political views.

Separation of Powers and First Amendment Concerns

The DOJ also argued that there were “profound separation of powers issues” at play, asserting that the executive branch had the right to decide who is permitted to access certain spaces. However, McFadden dismissed this argument, stating that it was a new assertion made too late in the legal process. He stressed that the First Amendment’s protection of press freedom should not be overridden by vague claims of separation of powers, particularly when presidential actions may be encroaching on the press’s constitutional rights. Furthermore, McFadden criticized the government for neglecting to address the First Amendment retaliation aspect of the case, which had been another crucial justification for his ruling in the AP’s favor. The judge noted that the government had failed to provide adequate arguments on this point in their request for a stay.

The Appeal Process Continues

Despite the setback, the appeal is moving forward swiftly. The D.C. Circuit Court has ordered both parties to submit their briefs regarding the government’s motion for a stay pending appeal. As the case progresses, the legal battle over press access to the White House continues, with significant implications for First Amendment rights and the relationship between the government and the media.