Our server costs ~$56 per month to run. Please consider donating or becoming a Patron to help keep the site running. Help us gain new members by following us on Twitter and liking our page on Facebook!
Current time: March 29, 2024, 6:06 am

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
#1
Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
On Friday, a Federal Judge ruled in favor of CNN's Jim Acosta that the White House temporarily restore restore his press access. 

Quote:A federal judge on Friday ruled in favor of CNN and reporter Jim Acosta in a dispute with President Trump, ordering the White House to temporarily restore the press credentials that the Trump administration had taken away from Acosta last week.

In a victory for the cable network and for press access generally, Judge Timothy J. Kelly granted CNN’s motion for a temporary restraining order that will prevent the administration from keeping Acosta off the White House’s grounds.


The White House revoked the reporter’s press pass last week after a heated exchange between him and President Trump and a brief altercation with a press aide at a news conference. Acosta, CNN’s chief White House correspondent, is the first reporter with a so-called hard pass to be banned.

CNN sued President Trump and other White House officials on Tuesday over the revocation. Kelly’s ruling was the first legal skirmish in that lawsuit. It has the immediate effect of sending Acosta back to the White House, pending further arguments and a possible trial. The litigation is in its early stages, and a trial could be months in the future.
Hours after the judge’s decision, Acosta resumed his post at the White House.

Hours after the judge’s decision, Acosta resumed his post at the White House.

Kelly, whom Trump appointed to the federal bench last year, handed down his ruling two days after the network and government lawyers argued over whether the president had the power to revoke a reporter’s access. In explaining his decision, Kelly said he agreed with the government’s argument that there was no First Amendment right to come onto the White House grounds. But, he said, once the White House opened up the grounds to reporters, the First Amendment applied.
His ruling, however, primarily emphasized evidence indicating that the White House’s decision to boot Acosta had violated the Fifth Amendment, which guarantees due process in government actions. He said the White House’s decision-making was “so shrouded in mystery that the government could not tell me . . . who made the decision.” The White House’s later written arguments for banning Acosta were belated and weren’t sufficient to satisfy due process, Kelly said.



Said Trump, “We want total freedom of the press...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. So we’re setting up a certain standard, which is what the court is requesting...We always have the option of leaving...and the other media and press in the room won’t be happy.”


So where do we draw the line between freedom of the press and rude disorderly grandstanding by reporters who disrupt White House Press Briefings? 

Does a part of the Judiciary Branch have the authority to tell the Executive Branch how to run its own Press Briefings?

And shouldn't every White House Administration set ground rules for conduct and order and how their own Press Briefings will be conducted? 

Thoughts?

https://www.msn.com/en-us/news/politics/...spartandhp
"Inside every Liberal there's a Totalitarian screaming to get out"

[Image: freddy_03.jpg]

Quote: JohnDG...
Quote:It was an awful mistake to characterize based upon religion. I should not judge any theist that way, I must remember what I said in order to change.
Reply
#2
RE: Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
I watched the video of the incident in question - where exactly was the ‘rude disorderly grandstanding’?

Boru
‘But it does me no injury for my neighbour to say there are twenty gods or no gods. It neither picks my pocket nor breaks my leg.’ - Thomas Jefferson
Reply
#3
RE: Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
(November 16, 2018 at 6:15 pm)A Theist Wrote: Does a part of the Judiciary Branch have the authority to tell the Executive Branch how to run its own Press Briefings?
Yes, actually...but in this case what was decided was that the reporter in question was denied his 5th amendment rights.  Also something the judiciary has authority to protect, even  (and I'd say especially) against the wishes of the executive.  

- the judge had this to say
Quote:Indeed whatever process occurred within the government is still so shrouded in mystery that the government could not tell me at oral argument who made the initial decision to revoke Mr. Acosta's press pass.
I am the Infantry. I am my country’s strength in war, her deterrent in peace. I am the heart of the fight… wherever, whenever. I carry America’s faith and honor against her enemies. I am the Queen of Battle. I am what my country expects me to be, the best trained Soldier in the world. In the race for victory, I am swift, determined, and courageous, armed with a fierce will to win. Never will I fail my country’s trust. Always I fight on…through the foe, to the objective, to triumph overall. If necessary, I will fight to my death. By my steadfast courage, I have won more than 200 years of freedom. I yield not to weakness, to hunger, to cowardice, to fatigue, to superior odds, For I am mentally tough, physically strong, and morally straight. I forsake not, my country, my mission, my comrades, my sacred duty. I am relentless. I am always there, now and forever. I AM THE INFANTRY! FOLLOW ME!
Reply
#4
RE: Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
(November 16, 2018 at 6:15 pm)A Theist Wrote: So where do we draw the line between freedom of the press and rude disorderly grandstanding by reporters who disrupt White House Press Briefings?

Well freedom of the press is in the constitution. That seems to have drawn the line in their favor. I disagree with your description of him though. Reporters are within their rights to ask multiple questions and follow-ups. The President is not required to answer them, or even call on them. If he had refused to give up the mic entirely, then I'd say he was being disruptive, but he asked two questions and passed the mic on.

Quote:Does a part of the Judiciary Branch have the authority to tell the Executive Branch how to run its own Press Briefings?

Yes, because press briefings fall under the 1st amendment (according to the judge anyway), and the fact that the removal of Acosta's press credentials violated the 5th amendment, again according to the judge. The Executive branch still has to follow the constitution, and the Judicial branch has the authority to determine what is and is not constitutional.

Quote:And shouldn't every White House Administration set ground rules for conduct and order and how their own Press Briefings will be conducted? 

Sure, but is there a rule about asking more than one question? Is there a rule that says if an intern is trying to take the mic from you, and you inadvertently contact her/him, you get your press credentials taken away?

Remember, this is the same White House Administration which tweeted an edited video which slowed down the intern's movements and sped up Acosta's.
Reply
#5
RE: Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
I'm not sure a discussion like this can help but devolve into a series of examples of the fallacy of the beard. The judge himself noted that the White House needed some clear criteria for determining whether to revoke someone's press credentials, and failing such standards and means of arbitration, it is impossible to say what would and would not qualify. As the judge correctly notes, without standards, any dismissal is arbitrary, and I presume, therefore unconstitutional. I would presume that banning someone for actual violations of law need not actually be spelled out. Anything in between is fair game if you let it be.

It occurs to me as an addendum, that the standards should be no less rigorous and requiring of justification than orders of protection and no tresspassing orders. You are revoking someone's rights, and that should never be simply done at someone's whim, no matter who they are or how powerful they are. We have rules and laws dealing with what the press can and can't do with respect to both private and public persons. Those rules need to be applied, not simply ignored and the pleasure of some political bully substituted in their place.
[Image: extraordinarywoo-sig.jpg]
Reply
#6
RE: Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
I think that it is a fairly liberal interpretation of the constitution, to say that freedom of speech and freedom of the press where violated here.  They are not limiting at all, what Acosta says or writes about.  What they are limiting is his access to the White house.   An individuals access at that.   They are not saying that CNN is not allowed, or that any who ask hard questions are not allowed.   This was one individual.  I can also understand, because, I think that Acosta is not interested in answers at all, but mostly grandstands, and talks to hear his own voice. I can't just demand a pass, and claim that these rights have been violated, because they don't give it to me.   I don't think that Alex Jones should be given a press pass, and it's likely that many who are complaining about this, would complain about that, if it was.

I think that who the White House grants access is up to them.   It's a privilege, not a right.  It may raise some questions if the scope of this was broader, and almost all reporters who disagreed with the President where shut out, but that is not the case.   It's only one individual.

With that being said;  I do think that some of the statements about Acosta placing his hands on the intern where both overstated and overblown.  Watching the video with a little bit charity, his pushing her away, could easily be explained as reactionary and was by no means violent (which I think, if you only listened to some of the commentary; one might think, that it was a bigger deal than what it was).  I think that the White House has a right to not allow his aggressive and self centered behavior.  Which is my opinion anyway.  However I think this was the straw that broke the camels back, not single incident which merited such and is reported by some.
It is said that an argument is what convinces reasonable men and a proof is what it takes to convince even an unreasonable man.  - Alexander Vilenkin
If I am shown my error, I will be the first to throw my books into the fire.  - Martin Luther
Reply
#7
RE: Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
It never got to a 1st amendment challenge.  His 5th amendment rights had been violated, that was enough.  Honoring our 5th amendment rights is not a decision left up to the white house.
I am the Infantry. I am my country’s strength in war, her deterrent in peace. I am the heart of the fight… wherever, whenever. I carry America’s faith and honor against her enemies. I am the Queen of Battle. I am what my country expects me to be, the best trained Soldier in the world. In the race for victory, I am swift, determined, and courageous, armed with a fierce will to win. Never will I fail my country’s trust. Always I fight on…through the foe, to the objective, to triumph overall. If necessary, I will fight to my death. By my steadfast courage, I have won more than 200 years of freedom. I yield not to weakness, to hunger, to cowardice, to fatigue, to superior odds, For I am mentally tough, physically strong, and morally straight. I forsake not, my country, my mission, my comrades, my sacred duty. I am relentless. I am always there, now and forever. I AM THE INFANTRY! FOLLOW ME!
Reply
#8
RE: Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
(November 16, 2018 at 8:17 pm)Khemikal Wrote: It never got to a 1st amendment challenge.  His 5th amendment rights had been violated, that was enough.  Honoring our 5th amendment rights is not a decision left up to the white house.

Did I miss where he had been arrested?   The fifth amendment appears to have to do with prosecution and the law.  Double jeopardy, self incrimination and due process.  To apply it here, I think is another widely liberal interpretation of the text, and nothing like the intent that it was written with.   How do you think that it applies?   Does it apply to every citizen in the country?  I don't see that if I was invited to the white house, and then asked to leave; because of what I said or did, that it is a matter for the courts.
It is said that an argument is what convinces reasonable men and a proof is what it takes to convince even an unreasonable man.  - Alexander Vilenkin
If I am shown my error, I will be the first to throw my books into the fire.  - Martin Luther
Reply
#9
RE: Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
See my quote above, from the judge who presided.  Not only could no one explain by what process his pass was revoked, no one wanted to take responsibility for it.

It was done by no one, for no discernible reason. The judge, Timothy Kelly, was a trump appointee.
I am the Infantry. I am my country’s strength in war, her deterrent in peace. I am the heart of the fight… wherever, whenever. I carry America’s faith and honor against her enemies. I am the Queen of Battle. I am what my country expects me to be, the best trained Soldier in the world. In the race for victory, I am swift, determined, and courageous, armed with a fierce will to win. Never will I fail my country’s trust. Always I fight on…through the foe, to the objective, to triumph overall. If necessary, I will fight to my death. By my steadfast courage, I have won more than 200 years of freedom. I yield not to weakness, to hunger, to cowardice, to fatigue, to superior odds, For I am mentally tough, physically strong, and morally straight. I forsake not, my country, my mission, my comrades, my sacred duty. I am relentless. I am always there, now and forever. I AM THE INFANTRY! FOLLOW ME!
Reply
#10
RE: Federal Judge Orders White House To Temporarily Restore Press Access To Jim Acosta
The 5th amendment covers the following: "No person shall be ... deprived of life, liberty, or property, without due process of law;"

I guess the judge focused on the "liberty" and "without due process of law". The point was his press pass was taken for no good reason. That deprives him of his ability to do his job, ergo depriving him of liberty.
Reply



Possibly Related Threads...
Thread Author Replies Views Last Post
  How come "Snow White Disney movie" was so disliked by J.R.R Tolkien and C.S Lewis Woah0 3 444 August 21, 2022 at 10:56 am
Last Post: arewethereyet
  [Serious] How do you get over your past mistakes? [Please Don't judge me] GODZILLA 12 1080 June 3, 2019 at 12:48 pm
Last Post: BrianSoddingBoru4
  Company that sold me my house is.... Brian37 18 1338 November 28, 2018 at 1:20 am
Last Post: Gwaithmir
  Hanging out at a friends house last night. Brian37 45 4560 November 26, 2018 at 9:44 am
Last Post: Cod
  Lego-Type House Building BrianSoddingBoru4 4 523 May 1, 2018 at 8:56 am
Last Post: johan
  How many days of food in your house brewer 35 2513 November 2, 2017 at 11:19 am
Last Post: The Grand Nudger
  My house and mental health issues Brian37 17 3819 September 15, 2017 at 2:05 pm
Last Post: Brian37
  White Culture Under Attack chimp3 54 10164 September 5, 2017 at 3:51 pm
Last Post: Neo-Scholastic
  Any Marketing Experts in the House? Rhondazvous 0 508 September 4, 2017 at 9:08 am
Last Post: Rhondazvous
  If Your House Caught Fire, what are the Last 3 Things You'd Grab On Your Way Out? vorlon13 30 6561 August 21, 2017 at 11:37 am
Last Post: mlmooney89



Users browsing this thread: 1 Guest(s)