As of now, I am in control here, in the White House

Judge Orders White House to Restore Acosta’s Pass for Now, but He Could Lose it Again Soon

According to the Associated Press:

A federal judge in Washington is ordering the Trump administration to immediately return the White House press credentials of CNN reporter Jim Acosta.

U.S. District Court Judge Timothy Kelly announced his decision Friday morning.

CNN had asked that Acosta’s credentials be returned while a lawsuit over their revocation goes forward.

So I suppose now he can go to press conferences and stand up for 45 minutes asking questions. In fact, Acosta can decide he’ll take questions from the press too. Maybe he can attend briefings in his Halloween costume.

The judge was appointed by President Trump.

However, one thing is very important to note here. The White House, if it’s going to make a fight about this, could very easily revoke the pass again and it might stay revoked until the case is decided.

According to CNN itself:

Kelly made his ruling on the basis of CNN and Acosta’s Fifth Amendment claims, saying the White House did not provide Acosta with the due process required to legally revoke his press pass.

He left open the possibility, however, that the White House could seek to revoke it again if it provided that due process, emphasizing the “very limited” nature of his ruling and saying he was not making a judgment on the First Amendment claims that CNN and Acosta have made.

So it’s a technicality, essentially. As long as the White House takes it away again using proper procedures, it can do so. The judge is not saying that Acosta has a first amendment “freedom of the press” or “freedom of speech” right to be in the White House while the case is being decided.

Which makes sense to me. CNN has other reporters who can cover the place, and Acosta can continue to report from off campus, even though that’s not as good as reporting from the White House. But if the White House is making the case the Acosta has abused his privileges there, then it seems reasonable that he be kept off the property while the case is decided.

Again, my position is that Acosta should be offered a second chance and given his pass back if he promises to obey White House protocols. Freedom of the press suggests that any White House reporter should be permitted to enter the premises. But it stands to reason that such freedom does not allow you to do whatever the hell you like once your there.

Here’s Acosta’s reaction.

38 Responses to Judge Orders White House to Restore Acosta’s Pass for Now, but He Could Lose it Again Soon

    • Courts do regularly lock people up for contempt of court, and have bailiffs to put muscle in their rulings about courtroom decorum, and Congress has a Sergeant at Arms that remove people daily for outbursts in the chambers, but separation of powers doesn’t exist for the executive. Trump doesn’t get a say what happens on his White House without an entire army of BS artists showing up in court.
      He should end the practice of White House briefings for all.
      See what kind of sympathy then heads Acosta’s way.

  1. Simple solution — take NO questions from Acosta. He can occupy space. Just because he is in the room does not mean he has any opportunity to ask questions. If he speaks out of turn, ignore him.

    Better still, stop all press conferences or daily briefings with the press. Have his White House press secretary issue statements that are handed out, no questions allowed.

    • Acosta will just shout across the room, so unless he can be physically be gagged, it will be hard to ignore him. I find Acost to be as annoying as Sam Donaldson.

  2. Sam Donaldson was in the WH Press Corp. He worked for ABC. He was tough but was not rude and disruptive like Acosta. Donaldson had a dust up with Bush. He shot a question to Bush. Bush replied he did not answer questions from a has-been. Donaldson replied better a has-been than a never-was.

      • I’m glad you’re standing up for Sam Donaldson, who was a real reporter (as opposed to the Acosta toddler)–he asked uncomfortable questions, but he was always serious. I don’t understand how the other outlets including Fox are defending someone who diminishes their reputation & interferes with their job.

  3. Keith..some questions: What exactly are the protocols for the WH press corps? Are the protocols in written form, do reporters have to sign on to some agreement relative to behavior or some sort of decorum at these pressers? Are there actual guidelines or just some sort of unwritten but understood behavioral “expectations” for reporters in the White House setting? How are press “hard passes” granted and administered for the WH press corps? Most of us have no idea what goes into being admitted as a member of the WH press corps. How does it work? ;+}

  4. “So it’s a technicality, essentially…”

    The Constitution is not a mere technicality. In fact, it is the basic law of the nation. All Statutory and Case Law arise out of the Constitution.

    The 5th Amendment REQUIRES that Due Process procedures are provided whenever the government takes action against a person subject to the jurisdiction of the USA.

    It is mandatory.

    The Judge simply upheld the Constitution – the exact reason he was for which he was nominated by Trump.

    • It would seem you missed the part about separation of powers. The court has no Constitutional authority to interfere in the internal procedures of the WH.

    • He was disrupting an otherwise legal assembly. The constitution does not give him the right to do that. He should have been arrested for being a douche-bag.

    • ‘Due process,’ however is ‘due process of law.’ That is, if there’s a statute, then the appropriate procedure must be followed.

      WH press briefings are a CUSTOM. They occur at the President’s convenience because he wants to do them. Due process is inapplicable.

  5. It doesn’t change the fact that Acosta is an obnoxious jacka$$, undeserving of a Press Pass. He never asks anything newsworthty, just confrontational questions to make himself part of the story. Trump should make a concerted effort to call on every single reporter in the briefing room except Acosta.

  6. Why hold press briefings if they get highjacked by attention-seeking bullies (like Jim Acosta) who masquerade as journalists when they are really paid to derail press conferences? Asking tough questions is acceptable, but behaving like a tantrum-throwing toddler is not acceptable. Cancel all press briefings. Find another way to communicate with the mostly liberal anti-Trump media.

  7. The Judge could have given Acosta lesson in temperament and conduct. However, the Judge is not a wise man. Acost will think he is indicated and become even more arrogant and bold.
    Ignore him. Assign seats. Rotate the reporters and simply to do not acknowledge him or his CNN network.
    If he objects, ask him to wait his turn. If he refused, back to the dock for him. Some people are ignorant and stupid; Acosta appears to be both.

  8. Good news and bad news.

    GOOD NEWS: A federal judge who bases his rulings on his interpretation of the law regardless of who is involved such as the President who appointed him. Does anyone think that if Obama had done this one of his appointed judges would have ruled against him? Me neither.

    BAD NEWS: Since when did ONE federal judge get the authority to overturn a President’s decision on granting a press pass? And why can’t a President revoke a press pass? Since when do reporters have a right to cover the White House from the press briefing room?

    And how come no one in the MSM complained when Obama attacked Fox News by name?

  9. He didn’t follow the unspoken rules of civility and creates a danger to others through his intentional actions and that is enough to take his pass into the White House away from him. It’s really that simple.

    Also the alleged ‘tampering’ with the video is not tampering at all but simply a reduction in contrast, a blurring, in the digital copying process when one video is converted to a lower bit resolution for easier sharing. This is frequently done and very noticeable when you view video on the internet that are stored by different servers. So try again on that ‘doctored’ video bit. You may fool most of the people some of the time but you don’t fool all of the people all of the time.

  10. Keith, you’ve been there a long time. You know he’s a douche, so does everyone else in the WHPC, even the 99.7% of your peers who hate Trumps guts.

    But c’mon, an asshole is an asshole. He’s lucky he doesn’t have a job in the real world or the military.

    He’d need a dentist on call 24/7.

  11. “Freedom of the press suggests that any White House reporter should be permitted to enter the premises.”

    That is 100% not what it means. One can report on the White House without being there. And if you karate chop the arm of a female intern and repeatedly ask 3-4 questions instead of the normal ONE then you have lost the privilege of being there.

  12. What is the “due process” that the judge wants followed? I didn’t know there was some kind of process to be followed when revoking someone’s holding of a press pass that is a privilege?

  13. I’d say that what happens next is entirely up to Jim… We all know he’s going to recreate the whole episode again if possible so just seat him away from the podium and get Alex Jones or TGP’s Jim Hoft seated beside him.

  14. I think POTUS should take a break from pressers for an undetermined amount of time. No reason given. Have handouts for the press corps. Maybe the press will get the hint about decorum and ostracize Acosta themselves.

  15. Regardless of the legalities of the case, there is no excuse for Acosta’s rude behavior. He showed no respect or courtesy toward the president. CNN should have fired him immediately for his unprofessional conduct!!