CNN White House Pass Ordered Restored
November 16, 2018 (Washington, D.C.) U.S Federal Judge Timothy Kelly, a Trump appointee, ordered the White House restore White House access to CNN reporter Jim Acosta. The ruling by a Trump appointed judge highlights how President Donald Trump overstepped his authority by punishing a reporter he has regularly vilified.
In a White House statement, Press Secretary Sarah Sanders stated that the White House will comply with the court order and restore Acosta’s press pass. She added, “we will also further develop rules and processes to ensure fair and orderly press conferences in the future,” Sanders said. “There must be decorum at the White House.” Trump later added, “People have to behave,” Trump told reporters in the Oval Office. “You have to act with respect. You’re in the White House.”
“The White House’s anger at the press and especially Jim Acosta and CNN clashed with clear Constitutional precendent that bars the revocation of Acosta’s press access,” said Tsion Chudnovsky, an Orange County criminal defense attorney at Chudnovsky Law who is not involved in the case. “This ruling will have consequences that go far beyond what has happened here with CNN.”
Judge Kelly reviewed the events leading up to Acosta’s revocation and the subsequent White House explanation that they revoked the pass due to a video that many have noted was doctored. Noting the dubious modified video, Judge Kelly ruled that “the government must provide Mr. Acosta with due process.” Kelly added that CNN had shown they were likely to prevail when the case is finally decided.
“The White House has made very clear that they don’t like the content of the reporting” from CNN and Jim Acosta, CNN’s attorney Theodore Boutrous said, stating that reporting, and not a breach of decorum, motivated the White House’s pass revocation.
Justice Department attorney James Burnham stated that Trump has total discretion to determine who will have access to the White House and to whom he will speak with. “If the president wants to exclude all reporters from the White House grounds, he clearly has the discretion to do that,” according to Burnham. He also said Acosta’s refusal to give up the microphone interfered with the Trump’s ability to have an orderly press conference.
CNN’s lawsuit was backed by a unified media landscape with rival news organizations banding together to issue a rare joint statement highlighting the importance of having access to the White House. The Associated Press, Bloomberg LP, NBC News and even Fox News filed a friend of the court briefing in support of CNN.
AT&T Inc, the parent of CNN, has now chocked up two wins over President Trump. AT&T prevailed earlier this year over Trump’s Justice Department to win approval to buy Time Warner Inc.
The case is Cable News Network Inc. v. Donald Trump, 18-cv-2610, U.S. District Court, Washington, D.C.
