CNN v. Trump

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CNN v. Trump
Cable News Network, Inc.
Abilio James Acosta
Citation(s)1:18-cv-02610-TJK
Court membership
Judge(s) sittingTimothy J. Kelly

CNN v. Trump is a lawsuit filed on November 13, 2018, in the

temporary restraining order for the return of Acosta's press pass.[3][4][5] CNN dropped the suit on November 19.[6]

Background

On November 7, 2018, the day after the

Special Counsel investigation into alleged Russian interference in the 2016 United States elections, but Trump repeated "That's enough" three more times before the intern tried to take the microphone from him. Acosta resisted, and Trump followed by telling Acosta to "put down the mic."[7]

After, when the intern took the microphone and gave it to another reporter, Acosta sat down, and Trump said "CNN should be ashamed of itself having you working for them. You are a rude, terrible person. You shouldn't be working for CNN." Trump then claimed Acosta has mistreated

enemy of the people".[7]

Later that day while he attempted to do a live report outside the White House, an unidentified Secret Service agent confiscated Acosta's press pass. Acosta recorded the incident on his cell phone, saying "This is Jim Acosta. I am in front of the White House. Secret Service officer is asking for my hard pass. Obviously, no hard feelings to the officer, but I am now giving my hard pass to the Secret Service."[8][9] The next day, White House Press Secretary Sarah Sanders defended their actions, claiming Acosta had "placed his hands" on the intern.[9]

Timeline of litigation

A hearing was held on November 14, 2018. Presiding Judge

Georgetown University Law Center.[12][13][14][15] One America News Network filed an amicus brief in support of the Trump administration, the only news agency to do so.[16]

Transcript of Judge Kelly's order from the November 16 hearing.

On Friday, November 16, Judge Kelly ordered that Acosta's press pass be restored for 14 days.[17] The judge said in his ruling that Acosta was deprived of his Fifth Amendment rights of due process, because Acosta had not been given prior notice or the chance to rebut. Judge Kelly declined to rule on the First Amendment claim.[18] In response, Press Secretary Huckabee Sanders claimed the court made it clear there was no First Amendment right to access the White House, although Judge Kelly had stated the ruling did not address questions about First Amendment issues.[19]

Intending to request a

temporary restraining order that was to expire November 30;[20] and, after the White House sent Acosta a letter which said that his behavior "violated the basic standards governing [news conferences], and is, in our preliminary judgment, sufficient factual basis to revoke your hard pass";[21] on November 19, CNN's lawyer asked Judge Kelly for an emergency hearing "for the week of November 26, 2018, or as soon thereafter as possible." The White House responded in a later letter saying, "Having received a formal reply from your counsel to our letter of November 16, we have made a final determination in this process: your hard pass is restored. Should you refuse to follow these rules in the future, we will take action in accordance with the rules set forth above. The President is aware of this decision and concurs." CNN afterward signaled it will drop the lawsuit.[22][6]

Aftermath

On November 19, the White House outlined four rules for reporters during press conferences:[23]

  1. Reporters will ask a single question and then will yield the floor to other journalists.
  2. Follow-up questions will be permitted at the discretion of the president or other White House officials taking questions.
  3. "Yielding the floor" is defined as "physically surrendering" the microphone.
  4. Failure to abide by any of the rules may result in suspension or revocation of the journalist's hard pass.

White House Correspondents' Association president Olivier Knox replied that they had "no role in crafting any procedures for future press conferences" and that reporters should continue to be allowed to ask follow-up questions.[23]

Jim Acosta book

Jim Acosta wrote about the press conference incident with President Trump and its aftermath that led to the lawsuit in his 2019 book The Enemy of the People: A Dangerous Time to Tell the Truth in America.[24]

See also

References

  1. ^ a b See court filing.
  2. ^ Wemple, Erik (November 14, 2018). "Government lawyer: CNN's Acosta can cover the White House by watching TV". The Washington Post. Retrieved November 15, 2018.
  3. ^ Rosenblatt, Kalhan (November 13, 2018). "CNN files lawsuit against Trump administration over Jim Acosta's press credentials". NBC News. Retrieved November 14, 2018.
  4. ^ Gershman, Jacob (November 13, 2018). "CNN v. Trump: Is There a Constitutional Right to a Press Pass?". The Wall Street Journal. Retrieved November 14, 2018.
  5. ^ a b Pilkington, Ed (November 14, 2018). "Trump v CNN: lawsuit becomes a referendum on press freedom". The Guardian. Retrieved November 14, 2018.
  6. ^ a b Farhi, Paul; Flynn, Meagan (November 19, 2018). "CNN drops suit against White House after Acosta's press pass is fully restored". The Washington Post. Archived from the original on January 31, 2023. Retrieved August 10, 2023.
  7. ^ a b Trump clashes with Jim Acosta in testy exchange, CNN, November 7, 2018, retrieved November 26, 2018
  8. ^ Abbruzzese, Jason; Romero, Dennis (November 8, 2018). "CNN journalist Jim Acosta banned from White House after Trump calls him 'rude, terrible person'". NBC News. Retrieved August 10, 2023.
  9. ^ a b Jacobo, Julia; Hughes, Megan (November 8, 2018). "White House suspends credentials for CNN correspondent Jim Acosta after heated exchange with Trump". ABC News. Retrieved August 10, 2023.
  10. ^ Farhi, Paul (November 14, 2018). "Trump lawyers, CNN square off in federal court in Jim Acosta case". The Washington Post. Archived from the original on January 3, 2019. Retrieved November 15, 2018.
  11. ^ Wheeler, Lydia (November 15, 2018). "Judge delays ruling in CNN case against Trump". The Hill. Retrieved November 15, 2018.
  12. ^ Rupar, Aaron (November 14, 2018). "Even Trump's favorite TV network supports CNN's lawsuit against the White House". Vox. Retrieved August 10, 2023.
  13. ^ Anapol, Avery (November 14, 2018). "Fox News, other outlets back CNN's lawsuit against Trump administration". The Hill. Retrieved August 10, 2023.
  14. ^ Morin, Rebecca (November 15, 2018). "WHCA files amicus brief backing CNN in lawsuit against Trump". POLITICO. Retrieved August 10, 2023.
  15. ^ Gottschling, Grace (November 15, 2018). "Georgetown backs CNN, Jim Acosta in White House lawsuit". Campus Reform. Retrieved August 10, 2023.
  16. ^ Breuninger, Kevin (November 16, 2018). "Conservative cable network backs White House in lawsuit for revoking 'rude' CNN reporter Jim Acosta's press pass". CNBC. Retrieved August 10, 2023.
  17. ^ Ho, Rodney (November 19, 2018). "White House restores Jim Acosta's press pass". The Atlanta Journal-Constitution.
  18. Politico
    . Retrieved November 16, 2018.
  19. ^ "CNN v Trump White House: Jim Acosta's press credentials temporarily restored". The Atlanta Journal-Constitution. November 16, 2018. Retrieved November 16, 2018.
  20. ^ Stelter, Brian (November 17, 2018). "What's next for CNN v. Trump?". CNN. Retrieved August 10, 2023.
  21. ^ Flynn, Meagan (November 19, 2018). "CNN seeks emergency court hearing after White House again vows to revoke Jim Acosta's access". The Washington Post. Archived from the original on January 2, 2019. Retrieved August 10, 2023.
  22. ^ Shortell, David; Stelter, Brian (November 19, 2018). "White House backs down from legal fight, restores Jim Acosta's press pass". CNN. Retrieved August 10, 2023.
  23. ^ a b Haslett, Cheyenne (November 20, 2018). "White House drops effort to suspend press pass for CNN's Jim Acosta; outlines rules to reporters". ABC News. Retrieved August 10, 2023.
  24. ^ Quinn, Annalisa (June 11, 2019). "In 'The Enemy Of The People,' CNN Reporter Recounts His Time Covering President Trump". NPR. Retrieved August 10, 2023.

External links

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