A federal judge on Friday ruled in favor of CNN and reporter Jim Acosta in a dispute with President Trump, ordering the White House to temporarily restore the press credentials that the Trump administration had taken away from Acosta last week.
In a victory for the cable network and for press access generally, Judge Timothy J. Kelly granted CNN’s motion for a temporary restraining order that will prevent the administration from keeping Acosta off White House grounds.
In essence, the court held that the White House could not take away Acosta’s First Amendment rights without due process; in the case of this White House, there apparently isn’t any process. The judge chided the White House, remarking that there was still no clear answer as to who pulled Acosta’s press pass. Moreover, in an especially pointed rebuke to White House press secretary Sarah Sanders (who regularly misleads reporters), the court found the allegation that Acosta placed his hands on an intern “likely untrue.” (The DOJ lawyers didn’t try to defend that allegation or the doctored video Sanders sent around, so it was especially significant that the court brought it up sua sponte.)
The White House is purportedly drafting guidelines for the press meant to enforce “decorum.” We’ll see if those sustain legal scrutiny. Yet to be litigated is a permanent order or the merits of the First Amendment (“viewpoint discrimination”) claim. The Post was among the media companies that signed onto an amicus brief in support of CNN.
