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No, Jim Acosta and CNN Did Not Win Their Case Today
DB Daily Update ^ | David Blackmon

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House grounds where he normally presents his credentials before entering and was informed at that time that they had been revoked.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


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; Politics/Elections
KEYWORDS: clintonnonnews; cnn; fakenews; jimacosta; media; mediabias; mediawingofthednc; msm; partisanmediashills; presstitutes; smearmachine; trump; trumpwinsagain
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To: gnickgnack2

“And the judge is considering Acosta’s rudeness and arrogance a “capital, or otherwise infamous crime”?”

Because, you know, a white house press briefing is really a criminal trial and all that...

Might as well just turn out the lights.


41 posted on 11/16/2018 1:52:54 PM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
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To: EyesOfTX

“Make sense?”

No.

Does the author think this makes sense: “All the plaintiffs in the case against the White House this morning was an injunction in which...”

He can’t write a coherent sentence nor understand the case is about Acosta accosting a woman doing her job, not press freedom.

So he does not make sense on two levels. Literally he make sense and his logic makes no sense.


42 posted on 11/16/2018 1:53:16 PM PST by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: Reily

Isn’t it obvious that some judge might just as easily order the briefings restored on first amendment grounds? I know it’s crazy but I could see an argument that denying the press the opportunity to observe the body language of the president and his representatives, and the chance to “cross exam” them interferes with “the public’s right to know.”


43 posted on 11/16/2018 1:53:47 PM PST by SoCal Pubbie
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To: EyesOfTX
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.”

Memories of being in grammar school when the teacher would just wait until the troublemaker would stop their antics. Then she would keep the whole class in for that amount of time during recess.

44 posted on 11/16/2018 1:55:01 PM PST by notpoliticallycorewrecked (Will the last responsible person leaving California, please turn out the lights.)
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To: Slyfox

“...however a young pack of jackals are innocent animals.”

Tell that to a wildebeest being ripped to shreds by jackals or hyenas. Just sayin’.

Anyway, hope PDJT stands firm & imposes some really punitive rules on the WH press pack. Heck, they all hate him but aren’t as brazen about it as the Accoster. If his leadership strength is to relish a fight, this will turn out to his advantage.

“If they hate Trump, they hate his voters even worse.”


45 posted on 11/16/2018 1:57:45 PM PST by elcid1970 (My gun safe is saying to me, "Room for one more, honey!")
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To: EyesOfTX

OK
Next time you are in this stupid judge’s court, just stand up and start shouting.
When the bailiff comes up to stop you, just push him away.

This moron would have you jailed for contempt in 30 seconds.
And he won’t worry about your due process and 1st and 5th amendment rights.

But it’s OK for this excuse for a judge to say someone can behave in that way with the President of the United States.

We are entering a Dark Age.


46 posted on 11/16/2018 1:58:55 PM PST by oldbill
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To: EyesOfTX
Perception is reality. How do you think FakeMedia will be playing this?

I can only guess, because I've had the television off since Fox New's election night stunt and plan to keep it that way for quite a while. Should have done it years ago.

47 posted on 11/16/2018 1:59:09 PM PST by truthkeeper (All Trump Has Going for Him is the Votes)
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To: EyesOfTX

This judge has NO JURISDICTION over the Executive Branch of the United States. NONE.


48 posted on 11/16/2018 1:59:57 PM PST by backwoods-engineer (Enjoy the decline of the American empire.)
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To: elcid1970

I am thinking of the young pack of jackals who have not left their den yet.


49 posted on 11/16/2018 2:00:36 PM PST by Slyfox (Not my circus, not my monkeys)
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To: SoCal Pubbie
"Isn’t it obvious that some judge might just as easily order the briefings restored on first amendment grounds?"

Yes, which is why these posters who think they are being cunning are actually the most ignorant posters of all the Internet (Because of the massive amounts of examples at their fingertips that prove their ignorance).
50 posted on 11/16/2018 2:01:02 PM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: EyesOfTX

I’ve looked and looked in my copy of the Constitution and I can’t find Acosta’s name in there anywhere, much less a Constitutional right for him to be in the White House press room.


51 posted on 11/16/2018 2:05:23 PM PST by libertylover (I don't disagree with people because their skin is too brown, but because their ideas are too red.)
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To: EyesOfTX

Um...not quite. The Judge could have denied the Prelim Injunction based on the case is frivolous. The judge could also have dismissed the case as it is frivolous.

Instead, the Judge made the asinine comment that the press briefings are open to a group and denying Acosta to be a member of the group is violating his 1st Amendment rights.

Here’s the case:

https://www.scribd.com/document/393112604/CNN-and-Acosta-v-Trump-Complaint

I read it. It is an embarrassment to reasonable minds everywhere. It is so frivolous.

In a nutshell, the case is this:

“We are high and mighty and this bad President hurt our feelings and did bad things to us. Please spank him”


52 posted on 11/16/2018 2:10:51 PM PST by Hostage (Article V (Proud Member of the Deranged Q Fringe))
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To: dirtymac
No one has a first amendment right to a press pass.

Perhaps you missed this part from the article: "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."

The judge ruled that his Fifth Amendment right to due process may have been infringed. I do not believe there is any right to due process in this context. The members of the press are there at the pleasure of the president.

53 posted on 11/16/2018 2:14:28 PM PST by KevinB (If I'm ever arrested, I'm switching parties.)
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To: SoCal Pubbie

....nor be deprived of life, liberty, or property...

Was Acosta deprived of life? No.
Was Acosta deprived of liberty? Not exactly
Was Acosta deprived of property? The hard pass really wasn’t his property - so, No.

Case dismissed.


54 posted on 11/16/2018 2:16:50 PM PST by Gahanna Bob
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To: EyesOfTX

Someone needs to gift Acosta with the book:

“All I Ever Needed To Know, I learned In Kindergarten”.


55 posted on 11/16/2018 2:17:22 PM PST by ridesthemiles
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To: backwoods-engineer

“This judge has NO JURISDICTION over the Executive Branch of the United States. NONE”

Yup. Just like the last 100 injunctions from judicial activist ‘judges’.[immigration, etc] Who should have been ignored from the onset.


56 posted on 11/16/2018 2:19:40 PM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
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To: dirtymac
Have you even read the decision? It wasn't even based on the First Amendment.
57 posted on 11/16/2018 2:22:44 PM PST by Bruce Campbells Chin
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To: EyesOfTX

T^he ruling is wrong on its face.

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.

There is also a problem here about the judiciary ruling on things that not in its purview. AGAIN.

Trump needs to have his people RUSH this to SCOTUS and get a ruling in general about the judiciary meddling in Executive Branch powers as stated in the Constitution.

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.”


58 posted on 11/16/2018 2:25:49 PM PST by freedumb2003 (As always, IMHO.)
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To: arrogantsob

They are wrong because the press/hard pass just serves as barometer of signifying who is a professional journalists” after receiving one through the Standing Committee of Correspondents and a security clearance if you are privilege enough. The actual invitation into the White House is a privilege not a right because the White House has Constitutional discretion/protocols they give at their leisure.


59 posted on 11/16/2018 2:29:21 PM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: Hojczyk
.
Ridiculous.

That came down faster than lightning, in a Federal Court!

The Court will rule with CNN and Fox - again.

The obvious thing here is the same Federal Courts ruled consistently and overwhelmingly with Obama. Now, they get their opinions from CNN and the New York Times.



60 posted on 11/16/2018 2:29:26 PM PST by AnthonySoprano
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