The battle over Jim Acosta’s press pass has been temporarily won by CNN after a federal judge ordered the White House to immediately restore the journalist’s access, following a Nov. 7 White House altercation which resulted in the revocation of Acosta’s credentials.
Judge just ruled in favor of @Acosta: Cnn TRO is granted and press pass must be restored
— ErikWemple (@ErikWemple) November 16, 2018
Trump-appointed Judge Timothy J. Kelly acknowledged that the White House credentialing process has a First Amendment component, and that the government must give Acosta due process before revoking his press pass.
Judge Kelly now saying that process of White House credentialing essentially concedes that there is a First Amendment interest at stake
— ErikWemple (@ErikWemple) November 16, 2018
Judge says that under Sherrill precedent, government must give Acosta due process to revoke press pass
— ErikWemple (@ErikWemple) November 16, 2018
Kelly then criticized the Justice Department’s defense of how it revoked Acosta’s pass, and said that the White House’s account of Acosta “placing hands” on a White House intern was of “questionable accuracy.”
Judge criticizes government’s defense of its procedures in revoking @Acosta press pass.
— ErikWemple (@ErikWemple) November 16, 2018
Judge now saying that the whole thing about @Acosta “placing hands” on intern was of “questionable accuracy”
— ErikWemple (@ErikWemple) November 16, 2018
CNN sought “emergency relief” from the court on the grounds that Acosta’s First Amendment rights are being violated every day he is banned from the White House grounds.
The network, pointing to instances where Trump has criticized Acosta and CNN, also sought “permanent relief,” or a declaration from Judge Kelly that President Trump’s revocation of Acosta’s press pass violated the constitution. If successful, this legal conculsion could have wide ranging implications for other White House reporters.
“CNN, represented by Gibson, Dunn & Crutcher partner Theodore Boutrous, pointed to instances where Trump publicly criticized Acosta and CNN as ‘fake news.’ Kelly appeared to question whether the decision to revoke Acosta’s credentials was driven by the content of his coverage—raising First Amendment issues—or instead by his conduct at a press conference on Nov. 7, which the White House cited as the reason.
‘Why now,’ after previously criticizing Acosta’s coverage, was the White House revoking Acosta’s press pass? Kelly asked Boutrous.
Boutrous recalled that Trump described Acosta as ‘rude’ for refusing to hand over a microphone and yield to other reporters at last week’s press conference. “‘Rudeness’ is really a codeword for ‘I don’t like you being an aggressive reporter,’” said Boutrous, who was joined in court by a Gibson Dunn team including Theodore Olson, a partner at the firm and former solicitor general under the George W. Bush administration.
Justice Department attorney James Burnham defended the White House’s decision, saying the move was based on Acosta’s conduct and not content. He told Kelly: ‘A single journalist’s attempt to monopolize a press conference is not a viewpoint.’ Burnham said CNN has about 50 other employees with so-called ‘hard passes’ to access the White House.” –law.com
Earlier this month while asking Trump about a northbound migrant caravan making its way to the southern US border, Acosta challenged Trump’s characterization of the group as an “invasion.”
Acosta asked “Why did you characterize it as such?” to which Trump replied “because I consider it an invasion. You and I have a difference of opinion.”
“Do you think that you demonized immigrants?” Acosta shot back.
“Not at all, no – not at all,” Trump replied. “I want them to come into the country, but they have to come in legally. You know, they have to come in Jim through a process. And I want people to come in, and we need the people.”
Acosta then questioned Trump on a midterm advertisement showing “migrants climbing over walls and so-on,” to which Trump fired back: “They weren’t actors.”
After more barbs were exchanged between the two, Trump said: “Honestly, I think you should let me run the country, you run CNN, and if you did it well, your ratings would be much better.”
Acosta then refused to sit down, leading to a standoff in which a White House aide tried to take his microphone.
Acosta’s press pass was pulled shortly thereafter, while controversy erupted over whether or not White House press secretary Sarah Huckabee Sanders had released a doctored version of a video showing Acosta brushing a White House aide’s arm away.
I’ve just been denied entrance to the WH. Secret Service just informed me I cannot enter the WH grounds for my 8pm hit
— Jim Acosta (@Acosta) November 8, 2018
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