Judge hands CNN victory in its bid to restore Jim Acosta's White House press pass

[BumRushDaShow]

Source: Washington Post



A federal judge on Friday ruled in favor of CNN and reporter Jim Acosta in a dispute with President Trump, ordering the White House to temporarily restore the press credentials that the Trump administration had taken away from Acosta last week. In a victory for the cable network and for press access generally, Judge Timothy J. Kelly granted CNN's motion for a temporary restraining order that will prevent the administration from keeping Acosta off White House grounds.

The White House revoked the reporter's press pass last week after a heated exchange between him and President Trump and a brief altercation with a press aide at a news conference. Acosta, CNN's chief White House correspondent, is the first reporter with a so-called hard pass to be banned. CNN sued President Trump and other White House officials on Tuesday over the revocation.

Kelly's ruling was the first legal skirmish in that lawsuit. It has the immediate effect of sending Acosta back to the White House, pending further arguments and a possible trial. The litigation is in its early stages, and a trial could be months in the future.

Kelly, whom Trump appointed to the federal bench last year, handed down his ruling two days after the network and government lawyers argued over whether the president had the power to exclude a reporter from the White House. In his decision, Kelly ruled that Acosta's First Amendment rights overruled the White House's right to have orderly news conferences. Kelly said he agreed with the government's argument that there was no First Amendment right to come onto the White House grounds. But, he said, once the White House opened up the grounds to reporters, the First Amendment applied.


Read more: https://www.washingtonpost.com/lifestyle/style/judge-hands-cnn-victory-in-its-bid-to-restore-jim-acostas-white-house-press-pass/2018/11/16/8bedd08a-e920-11e8-a939-9469f1166f9d_story.html

---

Look out for the tantrum.

Original full title/article:

Reporter Jim Acosta's White House credentials temporarily restored after judge grants CNN's motion against Trump administration


By Washington Post Staff
November 16 at 10:28 AM

U.S. District Court Judge Timothy J. Kelly ruled that Acosta could return to the White House, pending a trial, a week after President Trump suspended his access following a fiery exchange with the reporter at a news conference.

The indefinite suspension marked the first time a reporter has been barred by the administration.

This is a developing story. It will be updated.

https://www.washingtonpost.com/news/politics/wp/2018/11/16/reporter-jim-acostas-white-house-credentials-temporarily-restored-after-judge-grants-cnns-motion-against-trump-administration/?utm_term.3d8f602e1e35

[dalton99a]

1. Let there be a trial

[BumRushDaShow]

8. It will be an interesting trial to say the least

It sortof cuts to the heart of the First Amendment.

This also may touch on an early issue in this administration just before inauguration, where it had been suggested that the press briefings be held outside of the WH at another location. On one side, actually following through with that would have made the "excuse" to pull credentials, truly moot vs the current argument of having a right to "control access" to the WH mansion itself.

[Gothmog]

2. Trump-appointed judge forces White House to reinstate press pass of CNN's Jim Acosta

Link to tweet

[mobeau69]

13. Piss dotard off v. Have ruling overturned

Judges hate having their rulings overturned more than anything else.

[Fullduplexxx]

3. Womp womp in your face porkchop

[Liberty Belle]

4. Score one for the First Amendment.

Excellent - and especially coming from a Trump appointee. Let's hope more of them turn out not to be total minions.

[AlexSFCA]

5. WH has no case

even conservative federalist society lawyers support CNN in this. It’s indefensible. Will SHS testify under oath that the video was authentic? Yep, didn’t think so.

[Achilleaze]

6. "Eat it, Dirty Donny*" - The Citizens of these United States...

...and our First Amendment representatives in the press.

* aka republican Draft-Dodger-in-Chief

[FakeNoose]

7. I called it!

I posted last week that I bet he'll be back in the White House by the end of this week. Cheeto realized he didn't want to go to court over it and he's moved on to other insanity by now.

It's Flippin' Friday!

[machoneman]

9. I'm sure the judge thought that if Trump never calls on Acosta again, the problem goes away, eh? n/m

n/m

[bluestarone]

10. GO Jim GO

AWESOME news here!!!!!!!!!!!!!!!

[George II]

11. Jim Acosta's speaking, he's got one of those shit-eating grins on his face!!

I hope all the correspondents give him a standing ovation the next time (if there is a next time) Huckleberry has a press conference.

BTW, this judge was appointed by TRUMP!!! He's probably trying to figure out a way to fire him now.

[elleng]

12. 'Kelly said he agreed with the government's argument that there was no First Amendment right

to come onto the White House grounds. But, he said, once the White House opened up the grounds to reporters, the First Amendment applied.

He also agreed with CNN’s argument that the White House did not provide due process. He said the White House’s decision-making was “so shrouded in mystery that the government could not tell me…. who made the decision.”'

[cstanleytech]

16. Yup, either no one is allowed access or reasonable and fair allowances must be made for

the entire press unless someone does something that honestly warrants their pass revoked and Acosta did not do anything that warranted the revocation other than question Trump about things Trump wants to pretend never happened.

[BumRushDaShow]

17. "once the White House opened up the grounds to reporters, the First Amendment applied."

I mentioned here (this thread) - https://www.democraticunderground.com/10142203979#post8 about something that had been bandied about before inauguration -

This also may touch on an early issue in this administration just before inauguration, where it had been suggested that the press briefings be held outside of the WH at another location. On one side, actually following through with that would have made the "excuse" to pull credentials, truly moot vs the current argument of having a right to "control access" to the WH mansion itself.

So it will be interesting to see if they move the press out of the WH altogether (and perhaps face another lawsuit and real inability to "control access" ) or what.

[DUgosh]

14. Next move from Cheeto

Acosta arrested for “domestic abuse”

[mobeau69]

19. LOL.

[Just a Weirdo]

21. I expect Jacob Wohl and "Surefire Intelligence" to attempt that..

[Odoreida]

15. Not bad, but there is no law that says the president has to have press conferences.

No it's not just me being perverse.

Various right wing types are already saying that Twitter makes press conferences obsolete.

Pretty damn awful, but there really is no way to compel a president to have press conferences.

IIRC, Nixon once went a hellish long time without one at one point in time during the Watergate investigation.

[BumRushDaShow]

20. "but there really is no way to compel a president to have press conferences"

except that PESKY little piece of paper drafted and signed here in Philadelphia called THE CONSTITUTION. I.e., in terms of giving the nation an accounting to "the people" (via Congress) -

Article II

Section 3.

He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

https://www.law.cornell.edu/constitution/articleii

So rather than wait for the "from time to time" bit, Presidents have made it easier to take care of this by doing updates more frequently as the country's operations became more and more complex and complicated (formally reserving an executive "summary" of the status of ALL of the Executive Branch departments at once, in an official presentation to Congress via the "State of the Union" ).

Of course he could do away with the current arrangement (and face the rancor of an electorate) but he is still bound to give an accounting of what is going on.

Otherwise, some interesting history about these as a note - https://www.whitehousehistory.org/press-room/press-timelines/the-white-house-and-the-press-timeline

[onenote]

22. The Constitution doesn't compel press conferences

And its far from clear that holding a press conference would satisfy the Article II, Section 3 mandate that the President give "Congress" information of the state of the union.

[BumRushDaShow]

24. I basically indicated that

and also provided the history of these "conferences". However the context was that given this current President's propensity to evade accountability, it would not be surprising that the "State of the Union" could be ditched (unless it was done like a rally ).

[onenote]

25. I can't imagine him not giving a speech that will be carried on all of the networks.

Heaven knows what he would say, but he wouldn't pass up the opportunity.

In any event, if he had qualms about appearing before a joint session in which there were more Democrats in attendance than Republicans, he could satisfy his Constitutional obligation the way presidents did in the 18th and 19th Centuries -- by sending a written statement to Congress.

[Turbineguy]

28. Trump could not live

without providing us with the glorious outpouring of his stable geniusness.

[BumRushDaShow]

30. .....

[BumRushDaShow]

29. But here is the kicker

It comes down to "control".... and an inability to control that particular format. Given enough time in office, there is certainly going to be quite a bit of frustration on his part.

He likes the free-wheeling "rally style" stuff and the formal State of the Unions, although often raucous, may not be able to provide that "drug fix".

Yes - he could simply send the transcript and be done with it. But that is capitulating. Remember, we are not dealing with a "normal" person here and past rules don't apply.

[mahatmakanejeeves]

18. CNN suit: this preliminary injunction is not a ruling on the merits, just an initial step.

WhatCouldGoWrongHat Retweeted

This administration is many things, but it is also a lesson in civil procedure

Link to tweet

Important to keep in mind re: CNN suit that a preliminary injunction is not a ruling on the merits, just an initial step based on nature of harm and likelihood of success. There is still a long way to go.

Link to tweet

[LastLiberal in PalmSprings]

23. Article: "once the White House opened up the grounds to reporters, the First Amendment applied."

Uh-oh. That doesn't sound like the judge found that the press has an absolute right to report from the WH. I can see Trump banning all reporters from the grounds to get around the judge's decision. If he lets one in he has to let them all in, but if he doesn't let anyone in...

[The Velveteen Ocelot]

27. Those "press conferences" are a joke. The WH is not required to have them,

and live televised press conferences are a relatively new thing that first began with JFK. Televised daily briefings didn't start until 1995. An interesting history of WH/press relations is here: https://www.whitehousehistory.org/press-room/press-timelines/the-white-house-and-the-press-timeline

I think the ruling will come down to whether a particular reporter can be arbitrarily excluded because the WH doesn't like their questions. I very much doubt that Trump will stop having any kind of press conferences because Trump can't stand NOT having any press attention. He just wants to be able to control what they say, which of course he can't do.

[Turbineguy]

26. Trump played the trump card.

And Acosta came up trumps.

Acosta can now say whatever he wants.

[Rhiannon12866]

31. CNN chief White House correspondent Jim Acosta (Photo):

CNN chief White House correspondent Jim Acosta smiles as he departs after a judge temporarily restored Acosta’s White House press credentials following a hearing at U.S. District Court in Washington, D.C.