The Department of Justice defended President Trump’s decision to remove The Associated Press from the White House press pool on Monday, arguing the news service has no constitutional right to the exclusive access it previously enjoyed.
In a court filing, DOJ’s civil division chief, Brian P. Hudak, stated that while the AP still maintains general White House access like hundreds of other outlets, the president has personally decided to revoke its guaranteed position at exclusive presidential events.
“Most journalists have no routine access to the Oval Office, Air Force One, or the President’s home at Mar-a-Lago,” Hudak wrote. “Presidents historically provided this special access to the Associated Press, but that discretionary choice does not create a constitutional right.”
The dispute stems from the AP’s refusal to replace “Gulf of Mexico” with “Gulf of America” in its reporting, despite the federal government officially making this change. The AP contends it must consider its international audience.
The press pool consists of a limited number of journalists with privileged access to events in the Oval Office, aboard Air Force One and during presidential trips. On Air Force One, for example, only 13 press spaces exist, with specific allocations for wire services, photographers, broadcasters and print reporters who produce “pool reports” for other journalists.
The AP has characterized Mr. Trump’s decision as unconstitutional government punishment for exercising its First Amendment rights. Without pool access, the service must now rely on other reporters’ pool reports and television coverage — similar to most news organizations but at a competitive disadvantage to Reuters, which remains in the pool.
The White House Correspondents’ Association filed a brief supporting the AP, arguing that it — not the White House — should determine pool membership. “The government should never interfere with the operation of an independent press, nor should it demand that reporters adopt the government’s messaging, framing, and, indeed, ideological worldview,” the association stated.
The Washington Times is a member of the association.
The AP has requested a temporary restraining order to regain its pool position, but the Justice Department contends the wire service cannot demonstrate its news gathering capacity has been significantly impaired, as it continues to file reports without special access.
Read more: DOJ: Associated Press doesn’t deserve ’unfettered access’ to president
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