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AP - White House - Gulf - press credentials case on hold [1]
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Date: 2025-02-24
All it took was for Associated Press to not recognize the Gulf of Mexico as Gulf of America, and poof, they were out of the White House press briefing room and space on Air Force One.
Jim Acosta had the same problem with Trump in 2018. and sued to get them back and won. Acosta was trying to ask Trump about the scaremongering about a "caravan" of migrants coming to the US. Jim would not give up the microphone until he got a chance to ask his question, and Trump went on to call Acosta a "rude, terrible person." But that wasn't all.
It was a lie and he had a roomful of reporters as witnesses. Hours after the incident, Sarah Huckabee-Sanders said his hard pass was revoked. In 8 days, Acosta won in court with a Trump judge, and got a restraining order to get his credentials back. Other news organizations filed an amicus brief supporting CNN and Acosta. I can't find stories of when the case was resolved, but Acosta got his credentials back permanently.
But that wasn't enough for Trump. He holds a grudge forever. After taking office in 2025, Trump put pressure on CNN so that Acosta was relegated to a midnight show and he decided to leave CNN and pursue other ventures.
AP filed their lawsuit against the White House on Friday, Feb.21st. Named as defendants were White House Chief of Staff Susan Wiles, Deputy Chief of Staff Taylor Budowich and press secretary Karoline Leavitt.
The AP said in their filing:
"The White House has ordered the Associated Press to use certain words in its coverage or face indefinite denial of access. The press and all the people in the United States have the right to choose their own words and not be retaliated against by the government. The Constitution does not allow the government to control speech. Allowing such governmental control and retaliation to stand as a threat to American freedom."
The suit also seeks an order declaring that the White House's ban violates the First and Fifth Amendments, as well as asking for court and lawyer fees caused by the lawsuit. The Fifth Amendment part of the case is about due process.
Steven Cheung decided to call AP peanut brains, with Trump derangement syndrome.
Here's a link to the lawsuit in PDF form.
Today, Judge Trevor McFadden, a Trump appointee, denied a motion for a temporary restraining order.
The credentials haven't actually been revoked, but CNN's reporters have been excluded from the 13-member pool, which includes Air Force One.
The judge said that AP had not demonstrated "irreparable harm," but he also said that the White House targeting one news organization was "problematic."
The judge warned Trump"s team that case law was not on the White House's side and suggested that they rethink their position.
Trump and the White House declared victory immediately:
Except it wasn't a victory. It was a pause until the judge decides what to do next.
AP is not the only news organization refusing to call the Gulf of Mexico, the Gulf of America. The New York Times, Bloomberg, Reuters, the New Yorker, and the Los Angeles Times are also following suit.
The press pool is decided by the White House Correspondents Association, and the judge asked why the White House had to go by that decision. But he also said:
"The White House has accepted the Correspondents Association to be the referee here, and has discriminated against one organization. That does seem problematic."
The AP says that they are a worldwide organization and adhearing to Gulf of Mexico as a result, but also acknowledging Trump's rechristening as well.
The White House is saying that access to the president is a privilege, not a right.
Dozens of news organizations last week signed a letter asking the White House to reconsider its position. It even included Fox News and Newsmax.
The judge said he needed more time before making a ruling. Considering what he said to the White House about case law in the Washington D.C. District, it would be hard for him not to rule in Associated Press' favor.
He is, however, a Trump appointed judge. We can only hope this makes no difference. He has pretty much already signaled how he's going to rule. The question is on what basis. It is a First Amendment, freedom of speech case. It is also a Fifth Amendment due process case. Either one of those should be a winner for Associated Press.
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