White House must return CNN reporter’s press pass
Seizure violated Fifth Amendment rights, judge says
WASHINGTON – A federal judge on Friday ordered the White House to restore CNN reporter Jim Acosta’s press badge, which had been revoked earlier this month after a contentious exchange at a news conference with President Donald Trump.
U.S. District Judge Timothy Kelly, a Trump appointee, said the White House had violated Acosta’s Fifth Amendment right to due process by suspending his press badge without explanation or a chance for CNN to appeal the decision.
Kelly said White House officials couldn’t say who made the decision or how. The judge ordered the government to restore the credential while the rest of the case – which drew support from a slew of other media outlets, including USA TODAY – is argued.
“This court cannot restore Mr. Acosta’s access to press briefings that have already been held,” Kelly said.
But Kelly said he hasn’t considered at all yet whether the White House violat-
ed Acosta’s First Amendment rights. More arguments are expected Tuesday.
“I trust this litigation will continue at a rapid pace,” Kelly said.
Acosta thanked reporters and news organizations outside the courthouse for their support.
“Let’s go back to work,” he said. Trump said the administration is drafting rules and regulations for reporters.
“People have to behave. We’re writing up rules and regulations,” Trump said. “With the rules and regulations, we will end up back in court and we will win.”
The goal of the regulations is to ensure decorum, to prevent a reporter from asking three or four questions then refusing to sit down, Trump said.
“It’s more important to me than anybody would believe,” Trump said. “But you have to act with respect when you’re at the White House, and when I see the way some of my people get treated at news conferences, it’s terrible.”
In an interview recorded Friday for “Fox News Sunday,” Trump called the court opinion and the drafting of rules “no big deal. If he misbehaves we’ll throw him out or we’ll stop the news conference,” Trump said.
Sarah Sanders, the White House press secretary, said Acosta’s press badge will be temporarily reinstated.
“We will also further develop rules and processes to ensure fair and orderly press conferences in the future,” she said in a statement.
Acosta arrived at the White House a little after noon and thanked reporters again for their support.
“My job is to cover the guy in there,” Acosta said, nodding to the Oval Office.
Much of the debate in the case focused on a 1977 case at the U.S. Court of Appeals for the D.C. Circuit, which CNN said prevented the revocation of credentials “based on arbitrary or less than compelling reasons.”
But the Justice Department, defending the White House decision to pull Acosta’s pass, countered that the case was narrower than CNN described and focused on a Secret Service denial of access for safety and security reasons.
Other media organizations, including Gannett Co., the parent of USA TODAY, said this week they planned to file briefs with the court supporting CNN. The White House Correspondents Association filed an argument in the case warning the case could set a “dangerous precedent.” If Trump is allowed to deny access to any reporter he considers “bad” or “rude” or “fake news,” he would have “unbridled discretion to decide who can report from inside the White House,” according to the WHCA’s argument.
“The White House Correspondents’ Association welcomes today’s ruling, in which a federal judge made it clear that the White House cannot arbitrarily revoke a White House press pass,” said Olivier Knox, the group’s president.
But media support for CNN wasn’t universal. One America News Network, a cable network based in California, filed an argument in the case that said it passionately supported an unfettered free press. But the network said Acosta had been unprofessional repeatedly during briefings and that his “disruptive behavior” and “grandstanding” hindered other reporters from doing their jobs.
The revocation followed a feisty exchange between Trump and Acosta a day after the midterm election. Acosta pressed Trump on his characterization of the caravan of Central Americans moving through Mexico toward the U.S. border. After several exchanges, Trump accused Acosta of being a “rude, terrible person.”
Kelly said he weighed four factors in the case in ordering the White House to at least temporarily restore Acosta’s credential while the case is argued. The factors were CNN’s likelihood of success, the likelihood of irreparable harm, balancing CNN and government interests, and the public interest. Kelly ruled that constitutional issues always weigh heavily in the public interest. Acosta is harmed by missing briefings and other events at the White House, even if CNN has dozens of other reporters who could cover them, the judge said. to provide a smooth landing.
In a statement, White House press secretary Sarah Sanders said Ricardel “will continue to support the President as she departs the White House to transition to a new role within the Administration.”
Sanders added that Trump “is grateful for Ms. Ricardel’s continued service to the American people and her steadfast pursuit of his national security priorities.”
Asked in Asia about the Ricardel incident, Pence said he has “great respect for her and her role. I look forward to her new role in another part of the administration.”
The battle between Ricardel and Melania Trump’s staff is only the latest installment in first lady lore.
McBride, executive in residence with the Center for Congressional and Presidential Studies at American University, said most White House employees know – or should know – the power and authority of first ladies.
If they didn’t, she said, “they certainly learned through this.”