Being Reported:
Judge Kelly is referencing a previous case, which he says did set a precedent where a journalists fifth amendment right to due process would apply to a case like this.
Kelly agreed with the White House that there is no First Amendment right to be on the White House grounds, but added that Acosta did not receive due process before his pass was revoked.
Judge agrees with the White House that there is no first amendment right to come onto the White House grounds. HOWEVER once they do open up WH grounds to reporters but denies others, first amendment comes into play.
Judge Kelly further explained that Trump is not required to call on Acosta at press events but that Acostas First Amendment rights are more important than the White House being able to have orderly press conferences.
Judge Kelly says Trump need not ever call on Jim Acosta again, but Acosta is owed due process if his hard pass is going to be revoked.
Kelly says plaintiffs have shown likelihood fifth amendment rights were violated, and there is irreparable harm.
The case, however, is not over. Judge Kelly provided temporary relief to CNN, but there will be additional hearings before an official ruling is handed down on whether the White House violated CNNs First and Fifth Amendment rights.
SMH
Looks like this judge has made up his mind. This needs to be appealed.
“where a journalists fifth amendment right to due process would apply to a case like this”
Oh? I recall that a certain SCOTUS pick was not afforded that because “this isn’t a trial”, or whatever the talking point was.
How the hell does 5th amendment anything play into this?
“White House that there is no first amendment right to come onto the White House grounds. HOWEVER once they do open up WH grounds to reporters but denies others, first amendment comes into play.
Wha? Huh?
So that means that during WH tours, I have the right to walk into any room, and hold a protest? Do you have the right to keep and bear arms too?
As I thought, the judge has created a mandatory “due process” for withdrawing a press credential into the White House.
It’s obtuse.
But you know, this will actually be a win.
Nice write up - I wonder what that precedent case was.
Still dont think it applies in this case though.