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Thread: Trump argues in court filing that he can limit journalists' access to White House

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    Default Trump argues in court filing that he can limit journalists' access to White House

    The sooner we throw this third rate little Hitler wannabe and his gang of Gestapo thugs in prison, the better off our nation will be. He is nibbling away at our venerable democratic institutions like a fat, greedy, orange termite.

    Make America Great Again?

    Dump Trump.

    Trump argues in court filing that he can limit journalists' access to White House
    By Brian Stelter and David Shortell, CNN

    (CNN) The White House asserts that it can pick and choose which journalists are given a permanent pass to cover it, according to a court filing by the Justice Department on Wednesday.

    The filing was the government's legal response to CNN and Jim Acosta's lawsuit over the recent suspension of Acosta's press pass.

    Tuesday's lawsuit against President Trump and several of his top aides alleged that the ban violates CNN and Acosta's First and Fifth Amendment rights.

    Most of the country's major news organizations have sided with CNN through statements and plan to file friend-of-the-court briefs.

    But the Trump administration, in a sharp break with decades of tradition, is asserting that it has "broad discretion" to limit reporter access to White House buildings and events.

    "The President and White House possess the same broad discretion to regulate access to the White House for journalists (and other members of the public) that they possess to select which journalists receive interviews, or which journalists they acknowledge at press conferences," lawyers say in the filing.

    Historically both Republican and Democratic administrations have had a permissive approach to press access, providing credentials both to big news organizations like CNN and obscure and fringe outlets.

    Acosta's suspension -- which took effect one week ago -- is an unprecedented step. Journalism advocacy groups say it could have a chilling effect on news coverage.

    Judge Timothy J. Kelly, a Trump appointee, has scheduled a hearing for Wednesday at 3:30 p.m.

    CNN and Acosta are asking Kelly for a temporary restraining order and a preliminary injunction that would restore his access right away.

    Lawyers for CNN and Acosta are arguing that time is of the essence because his rights are violated every day his pass is suspended.

    They are also seeking a declaration that Trump's action was "unconstitutional, in violation of the First Amendment and the Due Process Clause of the Fifth Amendment." This could protect other reporters against similar actions in the future.

    The government's filing quotes a tweet by White House Press Secretary Sarah Sanders in which she announced the suspension of Acosta's pass and saying his "conduct is absolutely unacceptable."

    The "conduct" mentioned by Sanders in the tweet that the government lawyers cite actually refers to a false and since-dropped argument that Sanders had made in the aftermath of the press conference — that Acosta was "placing his hands on a young woman just trying to do her job as a White House intern."

    The administration has backed away from that argument in recent days, and it makes no appearance in the government's first legal comment on the case Wednesday. Even when the filing directly quotes Sanders' tweets, it leaves out that part.

    The government's lawyers said in Wednesday's filing that the back and forth between President Trump and Acosta during last week's press conference, during which Trump strongly criticized Acosta, qualifies as "due process." They also cite Sanders' statement the night of that press conference as "notice of the factual bases for denial."

    "The President had similarly criticized Mr. Acosta's conduct during that press conference, which complemented Ms. Sanders' notice," the government argued.

    The government also claimed that CNN can't be harmed by the banning of one of its journalists, arguing that the "network has roughly 50 other employees who retain hard passes and who are more than capable of covering the White House complex on CNN's behalf."

    CNN is expected to respond later on Wednesday.

    "This is a very, very important case," Ted Olson said. Olson, a Republican heavyweight who successfully argued for George W. Bush in Bush v. Gore, is representing CNN along with another prominent outside attorney, Theodore Boutrous, and the network's chief counsel, David Vigilante.

    Olson said Tuesday that it was Acosta whose press pass was suspended this time, but "this could happen to any journalist by any politician."

    He spoke forcefully against Trump's action. "The White House cannot get away with this," he said in an interview with CNN anchor Brooke Baldwin.

    CNN's lawyers say the case hinges on Acosta and CNN's First Amendment rights; the shifting rationales behind the ban; and the administration's failure to follow the federal regulations that pertain to press passes, an alleged violation of Fifth Amendment rights.

    Tuesday's lawsuit rejected the White House's claim that Acosta acted inappropriately at a press conference last week. The suit says this is really about Trump's dislike of Acosta.

    The "reasonable inference from defendants' conduct is that they have revoked Acosta's credentials as a form of content- and viewpoint-based discrimination and in retaliation for plaintiffs' exercise of protected First Amendment activity," CNN's lawsuit alleges.

    Many media law experts, unaffiliated with CNN, believe the network has a very strong case.

    Judge Andrew Napolitano, the top legal analyst on Trump's favorite network, Fox News, said the same thing on Tuesday. "I think this will be resolved quickly," he said, adding "I think it will either be settled or CNN will prevail on motion."

    If there is no settlement, CNN is requesting a jury trial.

    In an interview with Wolf Blitzer, Boutrous said the government officials are being sued in their "official capacity," but "there is a possibility of damages claims," which would mean suing them personally.

    Blitzer pointed out that the officials would have to "go out and hire their own attorneys."

    It is incredibly rare to see a news organization suing a president.

    Other news organizations are now standing with CNN. In a statement Wednesday, The Associated Press, Bloomberg, First Look Media, Fox News, Gannett, NBC News, The New York Times, Politico, USA Today and The Washington Post, among others, said, "Whether the news of the day concerns national security, the economy, or the environment, reporters covering the White House must remain free to ask questions. It is imperative that independent journalists have access to the President and his activities, and that journalists are not barred for arbitrary reasons. Our news organizations support the fundamental constitutional right to question this President, or any President. We will be filing friend-of-the-court briefs to support CNN's and Jim Acosta's lawsuit based on these principles."

    Fred Ryan, the publisher and CEO of the Washington Post, separately expressed his support for the action Tuesday night. "We support CNN in its effort to restore the press credentials of its White House reporter," Ryan said. "It is a journalist's role to ask hard questions, hold the powerful to account and provide readers with as much information as possible."

    The White House Correspondents' Association is also backing CNN. The group said Tuesday that the president "should not be in the business of arbitrarily picking the men and women who cover him."

    Meanwhile, the Trump campaign tried to capitalize on the lawsuit Wednesday with an emailed survey to potential donors that asked recipients if they think the ban on Acosta was justified. The email's subject line was, "CNN SUES! Help Trump win."

    https://amp.cnn.com/cnn/2018/11/14/m...uit/index.html

    I can't wait until the court rules against Trump, orders him to allow Acosta access to the WH again, and then he has to stand up there, humiliated like a big, fat LOSER and face his questions during the next press conference.

    I'm gonna get a YUUUUUGE laugh out of that!!!

    Fuck Trump.
    https://i.postimg.cc/PqVCnGks/gojoe1.jpg
    C'MON MAN!!!!

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    Donald Trump can actually help Make America Great Again...

    ...by resigning.

    He is an affront to our Republic...and an embarrassment for all humans.

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    Yes he can; I am amused that morons on the left and at Communist News Network think the Constitution guarantees them a press pass at the White House. It is the pinnacle of arrogance and media chutzpah to even make such moronic arguments.

    "When government fears the people, there is liberty. When the people fear the government, there is tyranny."


    A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
    Author: Booker T. Washington



    Quote Originally Posted by Nomad View Post
    Unless you just can't stand the idea of "ni**ers" teaching white kids.


    Quote Originally Posted by AProudLefty View Post
    Address the topic, not other posters.

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    Quote Originally Posted by Frank Apisa View Post
    Donald Trump can actually help Make America Great Again...

    ...by resigning.

    He is an affront to our Republic...and an embarrassment for all humans.
    "When government fears the people, there is liberty. When the people fear the government, there is tyranny."


    A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
    Author: Booker T. Washington



    Quote Originally Posted by Nomad View Post
    Unless you just can't stand the idea of "ni**ers" teaching white kids.


    Quote Originally Posted by AProudLefty View Post
    Address the topic, not other posters.

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    CNN has no case. Trump can limit Acosta’s entry to the White House.

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    Quote Originally Posted by Truth Detector View Post
    Yes he can; I am amused that morons on the left and at Communist News Network think the Constitution guarantees them a press pass at the White House. It is the pinnacle of arrogance and media chutzpah to even make such moronic arguments.

    Its not a matter of guaranteeing a press pass as it is for the reason of taking one away.

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    trump absolutely can ban any journalist from the white house. what legal argument do you lefty idiots think he can't?
    A sad commentary on we, as a people, and our viewpoint of our freedom can be summed up like this. We have liberals and conservatives, Democrats and Republicans, yet those very people look at Constitutionalists as radical and extreme.................so those liberals and conservatives, Democrats and Republicans must believe that the constitution is radical and extreme.

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    Quote Originally Posted by floridafan View Post
    Its not a matter of guaranteeing a press pass as it is for the reason of taking one away.
    You don't need a reason snowflake. DUH!
    "When government fears the people, there is liberty. When the people fear the government, there is tyranny."


    A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
    Author: Booker T. Washington



    Quote Originally Posted by Nomad View Post
    Unless you just can't stand the idea of "ni**ers" teaching white kids.


    Quote Originally Posted by AProudLefty View Post
    Address the topic, not other posters.

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    Quote Originally Posted by SmarterthanYou View Post
    trump absolutely can ban any journalist from the white house. what legal argument do you lefty idiots think he can't?
    They don't have LEGAL arguments. They are EMOTIONAL and the Judge will laugh this one out of his court. Can you imagine the precedent of suggesting the White House has to allow anyone with a press credential into a White House briefing???? STUPID. But then, that's the progressive liberal left these days.


    Why, it's JIM ACOSTA!!!! YOU CANT DO THAT!!!
    "When government fears the people, there is liberty. When the people fear the government, there is tyranny."


    A lie doesn't become the truth, wrong doesn't become right, and evil doesn't become good just because it is accepted by a majority.
    Author: Booker T. Washington



    Quote Originally Posted by Nomad View Post
    Unless you just can't stand the idea of "ni**ers" teaching white kids.


    Quote Originally Posted by AProudLefty View Post
    Address the topic, not other posters.

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    Quote Originally Posted by SmarterthanYou View Post
    trump absolutely can ban any journalist from the white house. what legal argument do you lefty idiots think he can't?
    I see you love dictatorships ~ if the dictator calls himself a conservative

    typical

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    Quote Originally Posted by Truth Detector View Post
    You don't need a reason snowflake. DUH!
    Actually you need to lie about the reason for taking one away, honey bunny,

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    I love it when america shows the world what it really is.

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    free speech doesn't mean you can walk into anyone's house and act like a jackass.

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    Quote Originally Posted by Truth Detector View Post
    They don't have LEGAL arguments. They are EMOTIONAL and the Judge will laugh this one out of his court. Can you imagine the precedent of suggesting the White House has to allow anyone with a press credential into a White House briefing???? STUPID. But then, that's the progressive liberal left these days.


    Why, it's JIM ACOSTA!!!! YOU CANT DO THAT!!!
    Don is actually the emotional one, hissyfitting on the world stage again like the snowflake he is.

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    Quote Originally Posted by Fentoine Lum View Post
    I love it when america shows the world what it really is.
    we suffer a temporary wannabe dictator, this is not America make no mistake

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