Skip to comments.No, Jim Acosta and CNN Did Not Win Their Case Today
Posted on 11/16/2018 1:15:01 PM PST by EyesOfTX
The Evening Campaign Update (Because The Campaign Never Ends)
No, Jim Acosta and CNN did not win their case today, so everybody needs to calm down here.
All the plaintiffs in the case against the White House this morning was an injunction in which the judge in the case, Timothy Kelly, ordered the restoration of Acostas hard pass to the White House grounds while the case is in the process of being heard and decided. Believe it or not, I think this was a completely reasonable action for the judge to take, since it ensures Acosta will not have been unfairly disadvantaged in the event that CNN and Acosta are able to make a compelling case that ends with a ruling in their favor.
Now, in addition to ordering Acostas pass to be restored, the judge let it be known that he thinks CNN and Acosta are likely to prevail on their 5th Amendment, due process-based argument that Acosta was not provided with sufficient notice or explanation before his credentials were revoked or been given sufficient opportunity to respond before they were. As it happened, Acosta was actually given no notice at all he simply showed up at the Secret Service station outside the White House grounds where he normally presents his credentials before entering and was informed at that time that they had been revoked.
While the White House press office spelled out its reasons after the fact, the judge has ruled that this was not sufficient notice.
Judge Kelly also made it clear that he does not believe CNN or Acosta have an unfettered First Amendment-based right to a White House press badge.
Thus, basically what has happened today is that Judge Kelly has forced the White House to put Acosta on probation. His press badge will be restored while the case is being heard and will be revoked again should the Judge ultimately rule against the plaintiffs.
In the meantime, both President Trump and White House Press Secretary Sarah Sanders have promised to write up and publish a formal set of rules for decorum that Acosta and all other fake reporters must follow while on the White House grounds and during press briefings.
President Trump commented on the entire process earlier today in an interview with Fox Newss Chris Wallace:
Trump told Wallace its not a big deal, saying, What they said, though, is that we have to create rules and regulations for conduct were doing that, were going to write them up right now. Its not a big deal. And if he misbehaves, well throw him out or well stop the news conference.
Nobody believes in the First Amendment more than I do. And if I think somebody is acting out of sorts, I will leave. Ill say, Thank you very much, everybody. I appreciate you coming. And Ill leave. And those reporters will not be too friendly to whoever it is thats acting up.
These White House press briefings have been taking place in their modern format since the mid-1970s. In all that time, the White House had never had a need to write up formal rules for decorum because the reporters involved were mature enough and had enough respect for the setting and the office of the presidency to know how to behave themselves. But today, unfortunately, the pack of childish jackals who now make up the White House press corps no longer possess those qualities as a group.
So, just like in any elementary school across America, the rules for behavior will be written up, probably posted on the wall, and anyone who acts up and violates them will be sent to the office for punishment. Its pathetic, really, but then again, this is CNN and Jim Acosta were talking about here.
That is all.
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That article is exactly right. The result of all this is going to be a set of published rules that reins in the entire group of fake journalists that attends those press briefings. And I don’t thing most of them are going to like that.
Not at all.
It’s still ridiculous — the judge had enough info to slap down CNN and Acosta, hard. This is the sort of case that does not merit such prolonged attention or public resources.
That all depends upon how good the rules are and how they are enforced. We can rely upon the Mediascum to push and prod in every way possible to try to defeat any reasonable attempts to improve their behavior.
The 5th amendment reads as follows
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
How does this apply in this case in any way?
Perhaps I'm stupid, but no, it doesn't.
Is this one of those 3D chess things?
She could plagiarize the behavior standards from a kindergarten and they still wouldn’t follow it.
And then a judge will preside over litigation of the rules. This puts the judiciary in charge rather than the WH.
Crazy. No jurisdiction. Only the White House can decide who does and does not get a pass. Period. Acosta is not reporter, he is an activist.
“...nor be deprived of life, liberty, or property, without due process of law;”
He was not deprived of any of those.
“...Acosta was not provided with sufficient notice or explanation before his credentials were revoked or been given sufficient opportunity to respond before they were.
Which is utter bullshit. He was told REPEATEDLY by Trump to sit down, shut up and hand over the mike. He refused. In what sane world is this considered acceptable behavior that should NOT be responded to by taking away his press pass?
They are considering the Press Pass as property.
Unless you prefer the dictionary definition of liberty that reads “the power or scope to act as one pleases.”
“just like in any elementary school across America, the rules for behavior will be written up”
Sad statement on the media’s childishness.
The President can be capricious and arbitrary IMO. There is no due process involved.
But no big deal.
No idea what you are referring to.
It clearly isn’t. It can’t be transferred, sold or taxed as property would be. It’s a privilege given by the administration.
They do not have to call on any reporter...Obama had a few who were not called on to ask a question..
That will be the next court battle...I was not called on to ask a question
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