US judge declines to restore AP access to White House over ‘Gulf of America’ row News
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US judge declines to restore AP access to White House over ‘Gulf of America’ row

US District Judge Trever McFadden on Monday denied a motion by the Associated Press (AP) for a temporary restraining order, finding that AP has not demonstrated irreparable harm that warrants the order.

In an emergency hearing, AP requested that the government immediately cease its retaliatory actions against the outlet. AP is still permitted on White House grounds but is not allowed to cover events where space is limited.

According to the holding set in League of Women Voters of United States v. Newby, “a party seeking a temporary restraining order must make a ‘clear showing that four factors, taken together, warrant relief: likely success on the merits, likely irreparable harm in the absence of preliminary relief, a balance of the equities in its favor, and accord with public interests’.”

During Monday’s hearing, McFadden listened to both arguments thoroughly and ultimately concluded that AP had not suffered any irreparable harm, but acknowledged this was “pretty clearly viewpoint discrimination.”

The White House released a statement after the ruling Monday:

As we have said from the beginning, asking the President of the United States questions in the Oval Office and aboard Air Force One is a privilege granted to journalists, not a legal right. We stand by our decision to hold the Fake News accountable for their lies, and President Trump will continue to grant an unprecedented level of access to the press. This is the most transparent Administration in history.

On February 18, President Donald Trump criticized AP for refusing to call the “Gulf of Mexico” the “Gulf of America.” After Trump banned AP from presidential events until the news outlet updated its style guide to “reflect the correct law,” AP filed suit, requesting an emergency hearing.

This is not the first case of this kind. Jim Acosta of CNN had his White House credentials revoked durin Trump’s first term, and after CNN sued, access was restored. An additional hearing is set for the current case on March 20.