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Being Reported:

Judge Kelly is referencing a previous case, which he says did set a precedent where a journalist’s 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Amendment right to be on the White House grounds, but added that Acosta did not receive due process before his pass was revoked.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 Acosta’s 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 CNN’s First and Fifth Amendment rights.

SMH


87 posted on 11/16/2018 7:51:45 AM PST by BlackFemaleArmyColonel (No weapon formed against me shall prosper! (Isaiah 54:17))
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To: BlackFemaleArmyColonel
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Amendment right to be on the White House grounds, but added that Acosta did not receive due process before his pass was revoked.

I visited the White House a few months ago. I had to submit reams of personal data to pass a pretty stringent background check, and spend over an hour in line passing through multiple security checkpoints.

If I would have caused a problem while inside I suspect some uniformed Secret Service would have picked me up by the arms and given me the bums rush.

I would not have gotten any "due process". This is absurd.


115 posted on 11/16/2018 7:55:49 AM PST by Buckeye McFrog
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To: BlackFemaleArmyColonel
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 CNN’s First and Fifth Amendment rights. SMH

Looks like this judge has made up his mind. This needs to be appealed.

125 posted on 11/16/2018 7:58:27 AM PST by Sans-Culotte (Time to get the US out of the UN and the UN out of the US!)
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To: BlackFemaleArmyColonel

“where a journalist’s 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?


133 posted on 11/16/2018 7:59:41 AM PST by VanDeKoik
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To: BlackFemaleArmyColonel

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.


198 posted on 11/16/2018 8:13:54 AM PST by romanesq (For George Soros so loved the world, he gave us Obama)
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To: BlackFemaleArmyColonel

Nice write up - I wonder what that precedent case was.
Still don’t think it applies in this case though.


210 posted on 11/16/2018 8:17:18 AM PST by Skywise
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