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 Acosta’s 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.
Make sense?
Now, in addition to ordering Acosta’s 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House grounds where he normally presents his credentials before entering and was informed at that time that they had been revoked.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 News’s Chris Wallace:
Trump told Wallace it’s “not a big deal,” saying, “What they said, though, is that we have to create rules and regulations for conduct… we’re doing that, we’re going to write them up right now. It’s not a big deal. And if he misbehaves, we’ll throw him out or we’ll 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. I’ll say, ‘Thank you very much, everybody. I appreciate you coming.’ And I’ll leave. And those reporters will not be too friendly to whoever it is that’s 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. It’s pathetic, really, but then again, this is CNN and Jim Acosta we’re talking about here.
That is all.
Follow me on Twitter at @GDBlackmon
“How many divisions does the Pope have?”
Acosta should have been arrested for “assault and battery” (intentional or not) re his illegal and unasked-for touching of the press conference Intern.
Also, the Secret Service can (and should have), declared Acosta a “clear and present threat” to White House staff, and thrown his ass out the window, without opening it.
I used to have a DC PD Press Pass, needed to over anything in DC, esp. demonstrations. If you abused it, you “losed” it. You were warned when you got the pass what the rules of conduct were for reporters/journalists, as well as what the penalties were for abusing it.
Acosta, a legend in his own mind, should be barred from the White House for misconduct, for at least 6 months. That would “set the bar” for proper behavior for a White House hostile press corps (not all, but too many) in concrete.
Time to take “journalists” down a peg for their misbehavior and viciousness. I was told in Vietnam that a lot of Marines wanted to shoot CBS correspondents because they felt that they were traitors and crooks. If they had, the field of journalism would have risen to much higher qualities than the garbage we have today.
Would love for Acosta to go off and every time he does, have them stop the presser immediately....his peers would be howling for his removal...after they wrung out all the complaints they could and then discovered maybe a select few folks from Fox were being updated on the side....
Mark Levin was ALL over this Fed judge. Media constantly calling him “Trump appointee” (Trump appointed him, but at this level of judgeship it’s the local dems recommending him, and advocating that got him the job— HE IS A lib/dem, not a Fully advocated true Trump appointee).
Mark went to great lengths (as an atty with licensing in DC, btw) to get the Transcript for the Court Proceedings and Temporary Restraining order— of 14 Days only). On the show, he went through the major LAYERs of bureaucracy ($1.25 a page, if you can find and get the PERMISSION of the exact Court Reporter to request a copy!!!), to try and get this. In short— the PEOPLE cannot get a copy, and there is NO Video recording of Federal Court proceedings allowed.
So— the media has been touting the results of something for which they have ZERO factual basis, and the Court/Judge system will not allow the People who have a right to the information— under the same 1st Amendment the media says the judge is citing (he didn’t)— cannot GET the information. In other words, it is legislation and court order from the judiciary. And, what’s more— it is NOT what has happened- the media is presenting false fake news.
The podcast from last night, worth a listen (no ads- scroll to the section with the date selection and click on the selection, and play it):
http://www.marklevinshow.com/audio-rewind/
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Damn sissy GOPers never challenged ALL the illegal powers obozo arrogated to himself. Now Trump is afraid to tell the courts who are ruling against him simply because they don’t like him “now enforce it.”
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Sissies? No, birds-of-a-feather. Silence is consent (and I don’t mean any possible bluster & bloviation in front of the mics/cameras)
For all the fun made vs. Leftists, at least their electorate KNOW and approve of their party’s path. It’s the (R)N(C) that seem to be Pavlov’s dog (every election “R” ticket...*bitch bitch bitch*....straight “R” ticket....*bitch*...). Blind to the obvious and unwilling to make a change on their part to make a bigger change.
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For there to be a due process claim there must be a LEGAL process to violate. This is an administrative rule, not a legal right.
This judge quite simply does not know the law.
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Incorrect. They KNOW the Law, they don’t care to FOLLOW. There is *SO* much B.S. ‘precedent’, they can use *any* single sentence from the spectrum to decree however they wish.
I can’t recall the plain, simple English of the Constitution were cited and adhered (”Though the 2nd says ‘shall NOT be infringed’, ABC vs. XYZ stated...”).
Again, look to the failure of Congress, and specifically the (R)N(C) for it’s consent by silence.
Does this allow Acosta or anyone else to enter my house and argue with me? Also, when I tell them to leave, do they have the right to refuse to leave? The simple answer is NO. Then why is it ok for bullies like Acosta to get away with this in the White House?
““And the judge is considering Acosta’s rudeness and arrogance a “capital, or otherwise infamous crime”?”
That’s really an interesting point go ponder. The very form of government the “Acosta’s” of the left want will be very similar to that of Hitler and Stalin, where in fact the very conduct of an Acosta would be a capital crime, no trial, just a rope or a bullet. And any press statements at all will refer to the Acosta as an enemy of the state.
Many of these people on the left, in particular the useful idiots, have no idea what they are actually striving to achieve. Like they are all herded up, running towards socialism, but in fact they are blindly headed straight for a cliff.
...while the case is in the process of being heard and decided...
Is that true? I hadn’t heard that reported anywhere else.
Just end the daily briefing and hand out daily notes. Problem solved. He would only have to do this for a couple of weeks.
This is fine. But the White House needs to discontinue assignment of access via the WHCA. Why should a private organization get to choose which media has access to press conferences and pools?
But does a pass give absolute entry?
Acosta claims a "property right" in the press pass, and while the President has no obligation to give Acosta a press pas in the first instance, once it does, it can't take it away without providing Acosta with a minimal level of due process.
As part of the new rules, I suggest all Press Passes should automatically expire every 90 days. Applicants must request a new pass, and be explicitly granted a new pass, every 90 days. No new pass, access is automatically revoked. They can even stagger the passes in 3 cycles so every 1/3 of the passes come up for renewal every 30 days.
Additionally, all passes expire 60 days before a federal election, and on the day after an inauguration ceremony.
Keep them on their toes, Mr. President.
I'd like to see it appealed. It's Not a First Amendment violation, IMO.
Exactly so.
Well, give Acosta a notice and revoke his press pass again.
I don’t think property is defined by payment or non-payment in all cases. There is eminent domain. And gifts, etc.
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