Court orders White House to restore Jim Acosta’s press pass
Grants Temporary Restraining Order, ruling the Acosta was not afforded due process in the revocation.
Judge Timothy J. Kelly, a Trump appointee, has just ruled on the motion of Jim Acosta and CNN for a temporary restraining order restoring Acosta’s White House “hard pass”.
Based on reports from reporters in the media room, it appears that the Judge ruled that while the White House doesn’t have to allow any reporters into the White House, by setting up a credentialing process it owes people like Acosta due process, and that it confers a First Amendment interest entitled to protection. The Court appears to have ruled that Acosta’s First Amendment rights supercede the White House interest in orderly press conferences, and that Acosta was not given due process in the revocation process.
Quick Assessment: This is a bad decision which effectively gives an individual reporter control over the White House press briefing process. It the White House can’t revoke the credentials of someone who disrupts a press conference in the way Acosta did, including refusing to turn over the microphone, then press conferences will turn into even more of a circus than they already are. Clearly, the lack of any formal process for revocation of press credentials influenced the court. Trump still appears to have the right not to call on Acosta. But what it Acosta refuses to stay silent, shouts, injects himself into the conference, and otherwise disrupts proceedings when he is not called on? The White House better set up, if it doesn’t have it already, a speedy but “due” process to revoke the credentials.
Until there is a transcript, we have to rely on media reports of the Judge’s oral ruling.
For background, see these prior posts:
- CNN sues Trump over suspension of Jim Acosta’s press pass after he got physical with White House intern
- Gov’t: Trump has discretion to limit Acosta access, particularly after “disrupting press proceedings”
- Court adjourns without yet granting Jim Acosta and CNN the emergency injunction they requested
- Jim Acosta and his media enablers are on the verge of creating law that will damage journalism
- OANN Brief: Acosta’s “repeated, unprofessional conduct … has hindered our free press from functioning effectively during White House briefings”
- OANN Brief: Acosta’s “repeated, unprofessional conduct … has hindered our free press from functioning effectively during White House briefings”
Based on reporting from the media room, the Judge ruled:
Judge Kelly made a point of noting that @Acosta declined to surrender mic at Nov. 7 press conference
— ErikWemple (@ErikWemple) November 16, 2018
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 agrees with the White House that there is no first amendment right to come onto the White House grounds. HOWEVER once they do open up WH grounds to reporters but denies others, first amendment comes into play.
— Paul McLeod (@pdmcleod) November 16, 2018
Judge Kelly says Trump need not ever call on Jim Acosta again, but Acosta is owed due process if his hard pass is going to be revoked.
— Paul McLeod (@pdmcleod) November 16, 2018
Judge says that CNN has demonstrated a likelihood of success that it will prevail in showing that @Acosta was denied due process in credential revocation
— ErikWemple (@ErikWemple) November 16, 2018
Judge is explaining that the White House did not provide due process. He describes the process as “so shrouded in mystery that the government could not tell me…. who made the decision."
— Paul McLeod (@pdmcleod) 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
Judge says CNN has shown irreparable harm will occur. Says even if CNN sent another reporter, that “does not make the harm to Mr Acosta any less real."
— Paul McLeod (@pdmcleod) November 16, 2018
BIG: Judge Kelly rules Jim Acosta’s first amendment rights overrules the White House’s right to have orderly press conferences.
— Paul McLeod (@pdmcleod) November 16, 2018
And here it is! Kelly says plaintiffs have shown likelihood fifth amendment rights were violated, and there is irreparable harm.
Judge Kelly orders the White House to reinstate Jim Acosta’s hard pass.
— Paul McLeod (@pdmcleod) November 16, 2018
Judge just ruled in favor of @Acosta: Cnn TRO is granted and press pass must be restored
— ErikWemple (@ErikWemple) November 16, 2018
UPDATES:
This NYT Editor seems to have it right. It’s a temporary victory for Acosta, but once the White House gets procedures in place, it’s a loss for the press overall:
Subtext of the judge's order: You can kick a reporter out of the White House, but there are procedures you have to follow. So it wasn't necessarily a victory for the First Amendment. https://t.co/CxMIDlzjBU
— Jim Windolf (@jimwindolf) November 16, 2018
“I want to emphasize the very limited nature of this ruling,” Judge Timothy J. Kelly said. “I have not determined that the First Amendment was violated here.”
— Jim Windolf (@jimwindolf) November 16, 2018
Here’s the Court docket entry:
11/16/2018 Minute Entry and Order for proceedings held before Judge Timothy J. Kelly: Motion Hearing continued and held on 11/16/2018. Oral Ruling GRANTING 2 MOTION for Temporary Restraining Order, for the reasons stated on the record in open court. Order forthcoming. (Court Reporter: Timothy Miller) (kh) (Entered: 11/16/2018)
WH to "temporarily reinstate" @Acosta's press pass, says @PressSec. But says "the court made clear that there is no absolute First Amendment right to access the White House." She says WH will develop rules for press conferences. "There must be decorum at the White House.”
— Mark Knoller (@markknoller) November 16, 2018
With his press pass back around his neck, and surrounded by other reporters, @acosta tells them, "I’m really grateful to all of my colleagues in the press who stood by us in this hour.” He says "it just felt like a test for all us," and he'd "like to get back to work." pic.twitter.com/JcvUkGBcRD
— Mark Knoller (@markknoller) November 16, 2018
"Reporting for duty," says @acosta at the WH northwest gate to get his press pass back and enter the WH grounds. pic.twitter.com/Dn7XFmwGQt
— Mark Knoller (@markknoller) November 16, 2018
https://twitter.com/esaagar/status/1063471379423596546
https://twitter.com/esaagar/status/1063489194356588544
https://twitter.com/esaagar/status/1063485551821684736
.@realDonaldTrump on @CNN and press at the White House: "If they don't listen to the rules and regulations, we'll end up back and court and we'll win. But more importantly, we'll just leave. And then you won't be very happy, because we do get good ratings."
— Jeff Mason (@jeffmason1) November 16, 2018
Acosta won, the press lost. Trump is having the White House draft press conduct rules:
In an interview with Chris Wallace for Fox News Sunday, Trump brushed off Judge Timothy Kelly’s Friday ruling that CNN’s Jim Acosta have his Secret Service pass to the White House grounds be reinstated. Despite the ruling being a interim rejection of The White House argument that the president has “broad” discretion in which credentialed members of the press are allowed access to attend official briefings, Trump said, “It’s not a big deal,” and that his team is already working on “rules” for reporter conduct.
“We’re doing that, we’re going to write them up right now,” Trump told Wallace. “It’s not a big deal and if he misbehaves we’ll throw him out or we’ll stop the news conference.”
Pushing for specifics, Wallace asked if certain things are going to be considered “over the line” and Trump reiterated that these new rules are being written now, but that they will cover “decorum” and outline that reporters “can’t keep asking questions.”
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