CNN v. Trump

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CNN v. Trump
Seal of the U.S. District Court for the District of Columbia.png
United States District Court for the District of Columbia
Full case nameCable News Network, Inc. and Abilio James Acosta v. Donald J. Trump, in his official capacity as President of the United States; John F. Kelly, in his official capacity as Chief of Staff to the President of the United States; William Shine, in his official capacity as Deputy Chief of Staff to the President of the United States; Sarah Huckabee Sanders, in her official capacity as Press Secretary to the President of the United States; the United States Secret Service; Randolph Alles, in his official capacity as Director of the United States Secret Service; and John Doe, Secret Service Agent, in his official capacity
Citations1:18-cv-02610-TJK
Judge sittingTimothy J. Kelly
Counsel for plaintiff(s)Theodore Boutrous
Plaintiff(s)CNN
Jim Acosta
Defendant(s)Donald Trump
John F. Kelly
William Shine
Sarah Huckabee Sanders
United States Secret Service
Randolph Alles
John Doe, Secret Service Agent

CNN v. Trump is a lawsuit filed on November 13, 2018, in the United States District Court for the District of Columbia. The plaintiffs are the Cable News Network (CNN) and their chief White House correspondent Jim Acosta, and the defendants are members of the Donald Trump administration and United States Secret Service. Citing Sherrill v. Knight, Pursuing America’s Greatness v. Federal Election Commission, and Elrod v. Burns,[1][2] the suit argued that the White House wrongfully revoked Acosta's press credentials in violation of the First Amendment right to freedom of the press and Fifth Amendment right to due process, respectively; and, additionally citing federal regulations (namely, "Fed. R. Civ. P. 65(a) and Local Rule 65.1"),[3] the suit successfully sought immediate relief from damage to CNN and Acosta by way of a preliminary injunction ordering return of Acosta's press pass at least temporarily while the litigation proceeds.[4][5][6]

Background[edit]

On November 7, 2018, the day after the midterm elections, President Trump held a press conference at the White House. CNN's Jim Acosta asked President Trump about his use of the word invasion to describe the Central American migrant caravans. Trump then answered he wants to immigrants to come in legally and argued with Acosta about his position on the issue. Acosta then asked about the Special Counsel investigation into alleged Russian interference in the 2016 United States elections while a White House intern tried to grab the microphone away from him and Trump told Acosta to "put down the mic". Trump refused to answer and said "Honestly, I think you should let me run the country, you run CNN, and if you did it well, your ratings would be much better.

After Acosta sat down, 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 Sarah Huckabee Sanders in the past. After Trump began taking questions from another reporter who came to Acosta's defense and Trump claimed to not like either, Acosta then stood back up and mentioned that CNN was sent pipe bombs by a Trump supporter, to which Trump replied "When you report fake news, which CNN does a lot, you are the enemy of the people".

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." [7][8] The next day, White House Press Secretary Sarah Huckabee Sanders defended their actions, claiming Acosta had "placed his hands" on the intern.[8]

Timeline of court hearings[edit]

A hearing was held on November 14, 2018. Presiding Judge Timothy Kelly indicated that he would give his ruling on the following day, November 15.[6][9] On that date, Judge Kelly postponed his ruling until the following day, November 16.[10] Several media organizations filed amicus briefs in support of CNN, including Fox News, NBC News, The Associated Press, Bloomberg News, Gannett Company, The New York Times, Politico, USA Today, The Washington Post, and the White House Correspondents' Association.[11][12][13] One America News Network filed an amicus brief in support of the Trump administration, the only news agency to do so.[14]

On Friday, November 16, Judge Kelly ordered that Acosta's press pass be temporarily restored. 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.[15] 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.[16]

CNN is now attempting to get a preliminary injunction for Acosta to retain his press pass, which will last longer than the temporary restraining order that is set expire on November 30.[17]

See also[edit]

References[edit]

  1. ^ See court filing.
  2. ^ Erik Wemple (November 14, 2018). "Government lawyer: CNN's Acosta can cover the White House by watching TV". The Washington Post. Retrieved November 15, 2018.
  3. ^ See court filing.
  4. ^ Rosenblatt, Kalhan (November 13, 2018). "CNN files lawsuit against Trump administration over Jim Acosta's press credentials". NBC News. Retrieved November 14, 2018.
  5. ^ 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.
  6. ^ a b Pilkington, Ed (November 14, 2018). "Trump v CNN: lawsuit becomes a referendum on press freedom". The Guardian. Retrieved November 14, 2018.
  7. ^ CNN journalist Jim Acosta banned from White House after Trump calls him 'rude, terrible person' NBC News, November 7, 2018
  8. ^ a b White House suspends credentials for CNN correspondent Jim Acosta after heated exchange with Trump ABC News, November 7, 2018
  9. ^ Farhi, Paul (November 14, 2018). "Trump lawyers, CNN square off in federal court in Jim Acosta case". The Washington Post. Retrieved November 15, 2018.
  10. ^ Wheeler, Lydia (November 15, 2018). "Judge delays ruling in CNN case against Trump". The Hill. Retrieved November 15, 2018.
  11. ^ Even Trump’s favorite TV network supports CNN’s lawsuit against the White House Vox, November 14, 2018
  12. ^ Fox News, other outlets back CNN’s lawsuit against Trump administration The Hill, November November 14, 2018
  13. ^ WHCA files amicus brief backing CNN in lawsuit against Trump Politico, November 15, 2018
  14. ^ Conservative cable network backs White House in lawsuit for revoking 'rude' CNN reporter Jim Acosta's press pass CNBC, November 15, 2018
  15. ^ Schwartz, Jason (November 16, 2018). "Judge orders White House to return press credentials to CNN's Acosta". Politico. Retrieved November 16, 2018.
  16. ^ Cox, Media Group (November 16, 2018). "CNN v Trump White House: Jim Acosta's press credentials temporarily restored". ajc. Retrieved 2018-11-16.
  17. ^ What's next for CNN v. Trump? CNN, November 16, 2018

External links[edit]