Monday, December 10, 2018

CNN files lawsuit against Trump Administration to restore Jim Acosta’s White House credential

White House suspends Jim Acosta

CNN reporter refused to surrender mic.

CNN filed a federal lawsuit against the Trump Administration on Tuesday demanding that the White House restore the press credential of star reporter Jim Acosta after it was suspended last week.

The White House yanked Acosta's pass after he got into a contentious debate with President Trump and refused to give up a microphone as the entire press pool looked on. It was just the latest case of Trump clashing with Acosta, the White House correspondent for the network Trump regularly derides as a purveyor of "fake news."

“The wrongful revocation of these credentials violates CNN and Acosta’s First Amendment rights of freedom of the press, and their Fifth Amendment rights to due process,” CNN said in a statement. “We have asked the court for an immediate restraining order requiring the pass to be returned to Jim, and will seek permanent relief as part of this process.”

CNN added that “the suit is specific to CNN and Acosta,” but said it could happen to anyone.

“If left unchallenged, the actions of the White house would create a dangerous chilling effect for any journalist who covers our elected officials,” CNN said.

The White House did not immediately respond to a request for comment.

Last week, Acosta's press pass to access the White House was suspended "until further notice" after he engaged in the contentious back-and-forth over the migrant caravan working its way up through Mexico. Trump characterizes the caravan as "an invasion," a term to which Acosta objected.

“Honestly, I think you should let me run the country and you run CNN,” the president said.

The reporter tried to ask him another question before a female White House aide walked over to him.

Trump then told him, “That’s enough!”

Acosta continued to try to talk as the intern was seen trying to take the microphone from his hand. She grabbed the microphone but Acosta wouldn't give it up and there was brief contact between the two. White House Press Secretary Sarah Sanders said the suspension of his press credentials stemmed from his "placing his hands on a young woman just trying to do her job as a White House intern." She called the behavior "absolutely unacceptable."

Several news outlets accused Sanders of using a "doctored" video as evidence, but the press secretary didn’t back down from her decision.

“We stand by our decision to revoke this individual’s hard pass. We will not tolerate the inappropriate behavior clearly documented in this video,” Sanders tweeted to accompany the allegedly doctored video.

White House Counselor Kellyanne Conway has since said the video was simply “sped up.”

An attorney for CNN and Acosta followed up with a separate statement, saying the law is “clear” that the Trump administration violated the First Amendment and Due process Clause.

“The arbitrary revocation of Mr. Acosta’s press credential is causing irreparable injury each and every day because it is stopping him from reporting on news from the White House,” attorney Theodore J. Boutrous Jr. said.

The White House Correspondents’ Association – of which Fox News is a member – issued a statement in support of CNN's decision to take legal action.

“We continue to urge the Administration to reverse course and fully reinstate CNN’s correspondent,” WHCA President Olivier Knox said. “The President of the United States should not be in the business of arbitrarily picking the men and women who cover him.”

Acosta has emerged as a hero of the #Resistance after making a habit of shouting and interrupting when Trump and members of his administration are available to the media. He has been praised by people such as comedian Jimmy Kimmel, but is often criticized by Trump supporters.

Earlier this year, Trump kicked the CNN star out of the Oval Office after Acosta badgered the president with racially charged questions. Acosta has also gotten into combative arguments with other members of the administration including former Press Secretary Sean Spicer, Management and Budget Director Mick Mulvaney and Senior Policy Adviser Stephen Miller.

Fox News’ Nicole Darrah contributed to this report.  

Brian Flood Fox News

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