Saturday, November 17, 2018
Federal judge orders credentials returned as lawsuit continues
Associated Press
WASHINGTON
A federal judge ordered the Trump administration to immediately return the White House press credentials of CNN reporter Jim Acosta, though a lawsuit over the credentials’ revocation is continuing.
U.S. District Court Judge Timothy Kelly, an appointee of President Donald Trump, announced his decision at a hearing Friday morning. The judge said Acosta’s credentials must be reactivated to allow him access to the White House complex for press briefings and other events.
Acosta, CNN’s chief White House correspondent, was back in the afternoon. The White House said it would be developing new rules for orderly news conferences.
The White House revoked Acosta’s credentials last week after he and Trump tangled verbally during a news conference after the midterm elections. CNN sued and asked the judge to issue a temporary restraining order forcing the White House to give back Acosta’s credentials. The judge agreed.
CNN alleged that Acosta’s First and Fifth Amendment rights were violated when the White House revoked his “hard pass.”
While the judge didn’t rule on the underlying case, he ordered Acosta’s pass returned for now in part because he said CNN was likely to prevail on its Fifth Amendment claim – that Acosta hadn’t received sufficient notice or explanation before his credentials were revoked or been given sufficient opportunity to respond before they were.
The judge said the government could not say who initially decided to revoke Acosta’s hard pass and how that decision was reached.
“In response to the court, we will temporarily reinstate the reporter’s hard pass,” White House press secretary Sarah Huckabee Sanders said in a statement. “We will also further develop rules and processes to ensure fair and orderly press conferences in the future.”
Speaking to reporters after the decision, Trump said, “If they don’t listen to the rules and regulations, we will end up back in court, and we will win.”
He later added, “We want total freedom of the press. It’s very important to me, more important to me than anybody would believe. But you have to act with respect when you’re in the White House, and when I see the way some of my people get treated at press conferences, it’s terrible. So we’re setting up a certain standard, which is what the court is requesting.”
The White House had spelled out its reasons for revoking Acosta’s credentials in a tweet from Sanders and in a statement after CNN filed its lawsuit. But the judge said those “belated efforts were hardly sufficient to satisfy due process.”
The judge, however, also emphasized the “very limited nature” of his ruling. He noted he had not determined the First Amendment was violated. The judge told attorneys to file additional court papers in the case by Monday.