Trump seeks to land blow against media in court fight with CNN https://www.politico.com/story/2018/11/ ... ess-989916
'If the president wants to exclude all reporters from the White House grounds, he has the authority to do that,' a lawyer for the administration said during a hearing.
... A 1977 D.C. Circuit court ruling held that the government cannot deny a White House hard pass “arbitrarily or for less than compelling reasons” and must follow a clear process to do it. Kelly noted during the hearing that he would be bound by that court’s decision in issuing a ruling, and Boutrous cited the case repeatedly in his arguments.
Second - Since the president has no constitutional obligation to talk to the press, why does a court get to decide who gets to be in the entirely optional press room? This doesn't make sense to me.
It's likely a liberal court. They feel it's their mission to do what they "feelz", not what the law says.
Kelly, a Trump appointee, said that his ruling was based on CNN and Acosta's Fifth Amendment claims, arguing that the White House did not give him the due process legally necessary to revoke his press pass.
this is a great example of fake news, righty kiddos on the_donald acting like this is a first amendment issue and alex jones deserves a press pass (something im not opposed to) while righty adults on MHF acting like a lefty court is to blame
:/
I said likely, based on the recent history of judges wanting to decide what the law should be rather than enforcing the ones in place. So now I'm fake news because of that.
Trump seeks to land blow against media in court fight with CNN https://www.politico.com/story/2018/11/ ... ess-989916
'If the president wants to exclude all reporters from the White House grounds, he has the authority to do that,' a lawyer for the administration said during a hearing.
... A 1977 D.C. Circuit court ruling held that the government cannot deny a White House hard pass “arbitrarily or for less than compelling reasons” and must follow a clear process to do it. Kelly noted during the hearing that he would be bound by that court’s decision in issuing a ruling, and Boutrous cited the case repeatedly in his arguments.
I saw that. It doesn't help with my confusion. The first amendment has nothing to do with the right to be in a room when the president talks. (Or maybe it does and I've just learned the 1st the wrong way my whole life?)
Why are all the Gods such vicious cunts? Where's the God of tits and wine?
The ruling only deals with the 5th amendment and due process, not the 1st amendment and press freedoms
Did he say which words? Not a thing about getting kicked out of a room in here.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Why are all the Gods such vicious cunts? Where's the God of tits and wine?
The network had argued that the White House infringed on Acosta's free press and due process rights under the First and Fifth amendments to the U.S. Constitution. CNN was asking for an order that would temporarily reverse the White House's suspension of Acosta's hard pass, until a final decision on the lawsuit was reached. CNN also wants "a declaration that the revocation of Acosta's press credentials was unconstitutional."
Kelly granted CNN's request for a temporary restraining order, ruling that the White House had violated Acosta's due process. He ordered both parties to file a joint status report next week on how to proceed in the case
to be continued...
meanwhile...
Asked about the judge's ruling on Acosta, Trump said, "It's not a big deal and if he misbehaves, we'll throw him out or we'll stop the news conference."
The president also claimed he was a firm believer in press freedom, but said he will shut down future press interactions if a reporter is "acting out of sorts."
"I will say this, look, nobody believes in the First Amendment more than I do and if I think somebody is acting out of sorts I will leave. I will say thank you very much everybody, I appreciate you coming and I'll leave," Trump told Wallace.
The network had argued that the White House infringed on Acosta's free press and due process rights under the First and Fifth amendments to the U.S. Constitution. CNN was asking for an order that would temporarily reverse the White House's suspension of Acosta's hard pass, until a final decision on the lawsuit was reached. CNN also wants "a declaration that the revocation of Acosta's press credentials was unconstitutional."
Kelly granted CNN's request for a temporary restraining order, ruling that the White House had violated Acosta's due process. He ordered both parties to file a joint status report next week on how to proceed in the case
to be continued...
meanwhile...
Asked about the judge's ruling on Acosta, Trump said, "It's not a big deal and if he misbehaves, we'll throw him out or we'll stop the news conference."
The president also claimed he was a firm believer in press freedom, but said he will shut down future press interactions if a reporter is "acting out of sorts."
"I will say this, look, nobody believes in the First Amendment more than I do and if I think somebody is acting out of sorts I will leave. I will say thank you very much everybody, I appreciate you coming and I'll leave," Trump told Wallace.
The whole thing is ridiculous, he didn't "kick CNN out", just one reporter. CNN can send 20 more reporters (with passes) to the press conference - just not Acosta because he can't follow basic rules. That doesn't violate anyone's 1st Amendment, he's welcome to go on the air at CNN and speak whatever he wants, just not in the White House press room. The intern asks for the microphone, tries to take it, you give it to them so they can hand it to another reporter. Period. End if story. If you can't follow that, then maybe you shouldn't be there.
The whole thing is ridiculous, he didn't "kick CNN out", just one reporter. CNN can send 20 more reporters (with passes) to the press conference - just not Acosta because he can't follow basic rules. That doesn't violate anyone's 1st Amendment, he's welcome to go on the air at CNN and speak whatever he wants, just not in the White House press room. The intern asks for the microphone, tries to take it, you give it to them so they can hand it to another reporter. Period. End if story. If you can't follow that, then maybe you shouldn't be there.
On my main forum, I'm in 7-8 active threads about this, so dozens of people. Not one person has been able to communicate how the 5th applies. All but the extreme "Orange man bad, so this bad," crowd is confused by this judge's decision. Everyone to the right of that (meaning lefties, too,) are confused.
Why are all the Gods such vicious cunts? Where's the God of tits and wine?
For legal reasons, we are not threatening to destroy U.S. government property with our glorious medieval siege engine. But if we wanted to, we could. But we won’t. But we could.
