A federal appeals court panel appeared divided Thursday as it considered whether to uphold a judge's order requiring the Trump administration to restore The Associated Press' access to exclusive White House spaces amid a broader dispute over press freedom and executive discretion, The Hill reported.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard arguments Thursday in a high-profile dispute between The Associated Press and the Trump administration over press access to restricted White House areas.
The AP has been excluded from the press pool — a small group of journalists who travel with and report on the president — after declining to adopt the administration's preferred term "Gulf of America" in its stylebook.
Last week, a federal judge ruled the exclusion unlawful, ordering the administration to reinstate the wire service's access to spaces, including the Oval Office, Air Force One, and the East Room. The White House appealed the ruling.
DOJ attorney Eric McArthur argued that the issue centers on presidential autonomy during the hearing. "They can't force the president to answer their questions," McArthur said, asserting that access to the president is ultimately up to him.
Judge Cornelia Pillard, appointed by President Barack Obama, pushed back. "And they're not claiming they have any right to force the president to answer their questions," she said.
McArthur contended the excluded spaces are not public press facilities but areas intended for the president's private use. He said the East Room, while more formal and often used for events, is not a designated press zone.
He also warned that under the lower court's ruling, the White House could be forced to include "white supremacist" outlets at a Black History Month event or "avowedly antisemitic" organizations at a meeting with Israel's prime minister.
Charles Tobin, representing the AP, argued that the administration cannot target media based on its viewpoint. "I would not argue that we have a right to be the line leader," he said. "But now we're completely shut out."
The AP has traditionally held a daily spot in the press pool. Following the injunction, the White House eliminated the permanent wire service slot, shifting to a rotating system among all print outlets — a move Judge Gregory Katsas, appointed by President Donald Trump, called a "poke in the eye."
Judge Neomi Rao raised concerns about judicial overreach, asking whether siding with the AP would force courts to "constantly micromanage" the president's decisions. Tobin responded, "The court needs to say the president's discretion is cabined by the Constitution."
U.S. District Judge Trevor McFadden, who granted the initial injunction, is scheduled to hear further arguments on Friday about whether the administration has complied with the order. Although an AP photographer was included in Thursday's photo pool, no print reporter has been permitted since February.
The ongoing clash underscores tensions between the press and the White House, with one judge suggesting the issue may ultimately rest with the pool's structure. "If he wants to abolish the press pool, I think he would be entitled to do that," Pillard said.
The AP describes itself as a nonpartisan, independent news agency with a global presence.