A federal judge ruled that Jim Acosta’s due process rights were violated and ordered the White House to return the CNN reporter’s press credentials.
Judge Timothy J. Kelly, who was appointed by President Donald Trump, ruled in favor of Acosta in CNN’s lawsuit claiming that the White House violated his First Amendment rights when it revoked his press pass after a contentious exchange between the network’s chief White House correspondent and Trump.
NEW: Judge orders return of Jim Acosta’s press pass. The Trump administration suspended the CNN correspondent’s White House access after a heated exchange during a press briefing https://t.co/9j5iUy7fKC pic.twitter.com/1l3C1NliUa
— CBS News (@CBSNews) November 16, 2018
Immediately, reaction from both sides rolled in, prompting some to ask what the next move will be. Perhaps, a ‘freeze out?’
One important thing to note; even though the judge ruled in Acosta’s favor, granted the injunction, and ordered the WH to reinstate his press pass, Judge Kelly also said that Trump, Sanders, etc. can choose not to call on Acosta.
Let’s see how Jim handles being frozen out.
— John Cardillo (@johncardillo) November 16, 2018
The litigation will be moving forward as Kelly’s ruling Friday does not end the case, only ruling on the network’s emergency motion to immediately reinstate Acosta’s “hard pass.”
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
“I will grant the application for the temporary restraining order I order the [government] reinstate the pass.” Kelly said, according to Fox News.
Judge Kelly notes Sarah Sanders’ first stated reasons for revoking Jim Acosta’s credentials (his “hard pass”) was that he made physical contact with an intern who was going for the mic. Later, in writing, she said it was about his general conduct in hogging the mic.
— Paul McLeod (@pdmcleod) November 16, 2018
The judge ruled that before taking away his pass, the White House should have given Acosta due process and that harm to Acosta has already occurred, as BuzzFeed News’ Paul McLeod noted in a series of tweets as the news unfolded Friday.
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
“Indeed whatever process occurred within the government is still so shrouded in mystery that the government could not tell me at oral argument who made the initial decision to revoke Mr. Acosta’s press pass,” Kelly said.
This, clearly, is going well for CNN so far. Judge Kelly says the White House’s later written arguments for banning Acosta were belated and “hardly sufficient to satisfy due process.”
— Paul McLeod (@pdmcleod) November 16, 2018
The White House maintained that it had the right to revoke Acosta’s “hard pass”, which was suspended “until further notice” because the reporter “disrupted the fair and orderly administration of a press conference” when he refused to give up the microphone.
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
But the judge ruled that Acosta’s constitutional rights outweighed the rights of the administration to have an “orderly” press conference.
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
Other media organizations as well as the White House Correspondents’ Association backed CNN with amicus, or “friend of court,” briefs.
CNN and Jim Acosta win today but remember this case is not over.
Judge is not ruling Acosta’s first amendment was in fact violated. This is just an injunction.
— Paul McLeod (@pdmcleod) November 16, 2018
CNN attorney Ted Boutros announced that the network was “extremely pleased with the ruling today.”
“A great day for the First Amendment and journalism,” he said, according to ABC News. “We’re very excited to have Mr. Acosta be able to go back and get his hard pass and report the news about the White House.”
Acosta addressed supporters after the ruling, thanking colleagues for standing with him.
“Let’s go back to work,” he said.
Reaction continues to come rolling in like wildfire.
Mike Huckabee had a particularly interesting take:
What would federal judge do if Acosta "challenged" him in his courtroom and argued and wouldn't shut up when judge told him to and refused to give up mic when bailiff tried to retrieve it? Asking for a friend. And for half of America.
— Gov. Mike Huckabee (@GovMikeHuckabee) November 16, 2018
A fed judge wants to be Com Director at WH and decide who gets in. There are thousands of REAL journalists in USA-I hope everyone of them sues for the RIGHT to sit in that room. Let the fed judge figure that one out.
— Gov. Mike Huckabee (@GovMikeHuckabee) November 16, 2018
Bill O’Reilly called it a ‘bad ruling’:
Bad ruling because it rejects the argument that standards of personal conduct should be respected on federal property. If the White House appeals, I believe it will prevail in the Supreme Court. https://t.co/11A49QqnO1
— Bill O'Reilly (@BillOReilly) November 16, 2018
Former WH Press Secretary Ari Fleischer asked what Acosta’s next move will be? More grandstanding, perhaps?
Next move is Acosta’s. Let’s see if he learned anything from this. Will he keep giving his personal opinions? Will he keep asking four questions without yielding the mic? https://t.co/drhbertokF
— Ari Fleischer (@AriFleischer) November 16, 2018
While liberals celebrated “free speech,” media reporter for The Hill, Joe Concha, clarified how the judge ruled:
Important to note the ruling was more about Acosta's due process than his first amendment rights being violated, the latter the judge did not rule on. https://t.co/yeypAVidVM
— Joe Concha (@JoeConchaTV) November 16, 2018
CNN offered its own statement:
This is coming from a network that pushes for boycotts against its competitors and pushes to deplatform publications that mock them. https://t.co/RI4oXOR8ug
— Ryan Saavedra (@RealSaavedra) November 16, 2018
One thing is for certain. This is not over.
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Originally from New York, Powers graduated from New York University and eventually made her way to sunny South Florida where she has been writing for the BizPacReview team since 2015.
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