Posted on 11/17/2018 10:15:10 AM PST by Liberty7732
Judge Timothy Kelly, a Trump appointee, verbally ordered the President of the United States to reinstate CCN Reporter Jim Acosta’s hard pass to access the White House on Friday. The judge, who sits in the United States District Court for the District of Columbia, has not actually posted his ruling yet, forcing us, at least temporarily, to rely on press reports for details.
Predictably, CNN has called the ruling a huge victory for the First Amendment. However, according to numerous press reports, Judge Kelly took issue, not with any alleged affronts upon the First Amendment, but rather, the process used to revoke Acosta’s hard pass. According to one news outlet, the judge said that Sarah Huckabee Sander’s “belated efforts at [answering Acosta’s concerns] were hardly sufficient to satisfy due process.” Additionally, according to Breitbart, the judge found that in creating press conferences, the President created a public forum to which limited due process rights attach.
I disagree.
Contrary to Judge Kelly’s view, the White House press conference is an internal working of the executive branch done solely for a public relations and communications purpose and at the pleasure of the President of the United States. As such, and as reported previously by The Federalist Pages, when the Court interferes with how the President conducts his press conferences, it is essentially intruding into the rightful powers of the President of the United States, as Chief Executive, in conducting the internal dealings of the executive branch.
Seen from this angle, which is the dominant issue in this matter, it becomes clear that the President must zealously pursue this case for the sake of the preservation of the autonomy of the executive branch.
Let’s be clear. There is no finality to Friday’s ruling.
The judge’s order was the implementation of a temporary restraining order against the President until such time that the case actually goes to trial. Strategically, the President now has a couple of opportunities available to him.
First, he can let the case play it out at the District Court, and if the judge should rule against him at the trial, he can appeal. Alternatively, the President may appeal the temporary injunction as a matter of law, right now. Either way, it is imperative that the President take the case to the next level. If he does so, it is likely that a higher court would not accept the invitation for the judiciary to intrude into the inner workings of another branch of government.
If argued as a matter of separation of powers and the comity between the branches of government, it is likely the district court’s position will not be upheld. If it does, I am equally confident the Supreme Court will take this case because of the constitutional implications it carries to the inner workings of government, and will reverse it.
Make no mistake, although this case is being painted with a brush held by Acosta and the media, it actually represents yet another small but significant intrusion onto the proper balance of powers; an intrusion with which the Framers would be in total disagreement.
someone wrote:
“If banning even one reporter from press conferences is a violation of the 1’st amendment, then banning even one Gun is a violation of the 2’nd amendment”
This wasn’t a ruling - just a preliminary finding. The actual trial hasn’t taken place yet.
another person wrote:
“You know the brainwashing is complete when white people protest against white people of being white”
Trump doesn’t HAVE to do a damned thing!
The judge can take a flying leap.
Wonder what most judges would do if someone screamed and argued non stop at them during session.
Appeal to the courts which don’t have any authority to give back the authority lost when executive granted them authority by appearing in court the first time. Never grant the court authority in the first place. Arguing a case is granting authority. Send a letter standing not appearing because no authority. Duh.
This seems to be an intrusion into the freedom of the White House to make independent decisions on optional activities.
ditto and he should have done the same when the first Hawaiian judge decided on immigration/national security.
There could never be a right of a specific reporter to enter the WH or anywhere else.
Amen.
Trump should fire his boneheaded lawyers.
Some have another press room for Fake Reporters
“Send a letter standing not appearing because no authority.”
Trump should let his inner Andy Jackson loose...”The judge has issued his TRO, now let him come down here and enforce it.”
The judge basically said that they need to set some rules for reporters and when a reporter violates those rules his/her/its press pass can be revoked.
They’ve set some rules.
The trap is set for Acosta.
CNN is not the news. It is simply strategic distortion techniques for attention, because their news reporting is a joke. The people who buy what they are selling are weak and easily manipulated. Viewers have been trained to believe propaganda.
Actually his administration should create the rules of decorum for white house press conference(s) etc for the press. He should revoke all passes and in order to get it back each member of the press need to sign off on the rules stating the read them and understand them. That is how I would do it.
If the want to act like children, treat them like children
Separation of powers means you do not grant power to a branch over your own branch, unless Constitution says so. To do so is a criminal act. A branch doing such, becomes an enemy of USConstitution.
Unfortunately, POTUS and his indoctrinated lawyers have no clue about the actual laws of USA.
The traitorous decision by the traitorous Judge Timothy Kelly needs to be appealed all the way to the SCOTUS to get it overturned.
And Kelly needs to be impeached!!
No, he should ignore this and all the other ridiculous unconstitutional rulings coming from activist judges.
To appeal this ruling implies that the Judiciary Branch has any business telling the Executive Branch how to manage its internal affairs. Is the Judiciary branch the supreme branch that rules over all the others? I must have read the wrong constitution if so.
I’ve been a bit disappointed in Trump in this regard. The appropriate response to such a ruling is an extended middle finger, followed by an effort to have the offending judge impeached or otherwise removed.
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