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Trump Must Appeal Acosta Ruling Based On Separation Of Powers
The Revolutionary Act ^ | 11/17/18

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.


TOPICS: News/Current Events
KEYWORDS: acosta; cnnsucks; lawsuit; rudedems; trumpmedia
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To: Electric Graffiti

sometimes you have to inflate your balls We have a serious lack of justice in this country buy the most powerful people. It’s his job to do the right thing and not worry about impeachment. All he had to do was use the Comey report and he could have had hillary indicted. The coup should have got Obama and Hillary convicted for treason. What doe she want them to top to have them arrested?


41 posted on 11/17/2018 1:12:36 PM PST by morphing libertarian (Use Comey's Report; Indict Hillary now. --- Proud Smelly Walmart Deplorable)
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To: morphing libertarian

“It’s his job to do the right thing and not worry about impeachment”

It’s not about doing the right thing. The whole of corrupt stasi state is open rebellion. Both parties, too. Most are not even following orders. The DOJ is conducting a coup against him in broad daylight. The courts are doing injunctions against his every move.

No, I don’t see anyway out of this mess short of martial law and Trump going full pinochet on these domestic enemies. Short of that, the people will have to handle it.


42 posted on 11/17/2018 1:27:21 PM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
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To: jyo19

I didn’t use the word “case” - I specifically said TRO.


43 posted on 11/17/2018 1:32:21 PM PST by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: Liberty7732

Tell the judge to go pound sand. Idiot.


44 posted on 11/17/2018 1:42:43 PM PST by GoldenPup
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To: Trump.Deplorable

If the want to act like children, treat them like children.

Nothing keeps children in line better than a good smack. Same for reporters.


45 posted on 11/17/2018 1:46:19 PM PST by GoldenPup
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To: Raycpa

I kind of see where you’re going. But the WH isn’t a park. We are talking about not only the WH but a presidential press conference. The President should be able to remove anyone for any reason he wants.

Trump should ignore the ruling.


46 posted on 11/17/2018 1:51:18 PM PST by plain talk
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To: Liberty7732

The court extended Acosta’s leach.

He will make an ass of himself AGAIN & embarrass the judge.

Then he can be removed.


47 posted on 11/17/2018 1:52:59 PM PST by ridesthemiles
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To: Liberty7732

Yes he should appeal. And the judge basically conceded every point except the Due Process question. He said POTUS doesn’t have to do press conferences, doesn’t have to call on any particular member of the press pool, and doesn’t have to answer any specific questions.

So what is really left to argue - that one person, once given a pass, be allowed to take up space in a room with limited space and virtually unlimited demand?

Of course the ruling violates separation of powers. It also violates POTUS property rights insofar as the WH is his house for his term(s).

But even here the judge is loath to go too far - he doesn’t say Acosta has any individual right per se, but simply that the WH needs to follow some pro-forma process and can’t be arbitrary. I’d say that it wasn’t arbitrary and Acosta’s interruptions and refusal to give the mic to other questioners was disruptive. And insofar as CNN argues for the 1st Amendment, Acosta’s disruptions interfere with the 1st Amendment rights of everyone else in the room and the media and the people in general. The people want to hear from POTUS and this is done by asking questions, not grandstanding and arguing. If you have a rebuttal then incorporate it into a question don’t make your arguments the story. If your arguments are the story, then you don’t need a press pass you have all the 1st Amendment rights in the country to speak and publish all the rebuttals your fingers and mouth can muster.


48 posted on 11/17/2018 2:38:34 PM PST by monkeyshine
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To: morphing libertarian

Of course not. For the sake of order and security passes are given. IMO, part of the new rules should state that press passes expire every 90 days. If your pass is not renewed, then you’re out. End of story. No reason need be given; but a reason enough is that there are lots of media requests and not enough space to fulfill them. Let other media have a chance.

I’d argue another point as well though it may not be entirely relevant except to say that CNN is not really that much more important than any other outlet. CNN is part of a cable monopoly. They argue their self-importance because of their wide distribution but their access to homes is assured because CNN is owned by Time Warner, a company that Congress has given exclusive territorial monopolies to broadcast. There are no other cable options in any particular region. TW subsidized CNN, gives them a premium channel location, charges competitors fees to access the cable broadcast and has the ability to squash any upstarts or competitors by denying them a broadcast channel. They crow about their “rights” but have a structure that denies a swath of competitors from enjoying the same fruits of that right due to the monopoly granted by Congress and the economic forces inside TW itself. Take that away and they are no more important than any others.

In fact, most other countries have national broadcast services that reach more eyeballs every day than CNN does. Yet CNN has 50 passes. How many does the BBC get? NPR?


49 posted on 11/17/2018 2:49:25 PM PST by monkeyshine
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To: Liberty7732

Rules for the press conference.
Raise hand, President will call on you, maybe.
One question, one followup
Any disrespect is an offense.
Any offense and you will be escorted out.
No exceptions.
Two removals and your credentials are revoked.


50 posted on 11/17/2018 3:03:54 PM PST by Vinnie
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To: monkeyshine

agree with your comments

would like toes some high school and college bloggers or students.

Or go directly to the people. Going to the people, by say answering online, negates the need for the press which was started to put the word out. Now you can talk to 350 million at one time/


51 posted on 11/17/2018 3:25:01 PM PST by morphing libertarian (Use Comey's Report; Indict Hillary now. --- Proud Smelly Walmart Deplorable)
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To: Liberty7732

Appeal to the usurper of your power...there’s a plan. Better to point out the truth and tell them to go to hell.


52 posted on 11/17/2018 3:45:00 PM PST by TalBlack (It's hard to shoot people when they are shooting back at you...)
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To: morphing libertarian

I agree, said something similar on another thread. They can do it by video, or via online submission of questions.

He can still have the press in the room. Wouldn’t it be great if he had them all sit quietly like school children, raising their hands (because the new rules will boot them if they are disruptive) and then he ignores them for 2 hours answering only questions submitted electronically.


53 posted on 11/17/2018 4:17:37 PM PST by monkeyshine
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To: Liberty7732

He doesn’t need to appeal the ruling, he merely needs to ignore it.


54 posted on 11/17/2018 4:18:41 PM PST by GingisK
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To: monkeyshine

I would add detention They entire WH press set up needs to be re-worked.


55 posted on 11/17/2018 4:19:10 PM PST by morphing libertarian (Use Comey's Report; Indict Hillary now. --- Proud Smelly Walmart Deplorable)
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To: GingisK

I miss the old days when you plant cocaine in the guys car.


56 posted on 11/17/2018 4:20:34 PM PST by morphing libertarian (Use Comey's Report; Indict Hillary now. --- Proud Smelly Walmart Deplorable)
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To: Skywise

The very thought of any trial over this is an appalling commentary on judicial overreach.


57 posted on 11/17/2018 4:41:02 PM PST by YogicCowboy ("I am not entirely on anyone's side, because no one is entirely on mine." - J. R. R. Tolkien)
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To: Junk Silver
To appeal this ruling implies that the Judiciary Branch has any business telling the Executive Branch how to manage its internal affairs

Precisely stated.

58 posted on 11/17/2018 11:37:04 PM PST by nonsporting (Investigate Ford and her legal team)
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