A federal judge in Washington has ruled that the White House must grant CNN reporter Jim Acosta him his “hard pass” after having it suspended following last week’s incident between himself and President Donald Trump at a post-midterm election press conference. U.S. District Court Judge Timothy Kelly, a Trump appointee, announced his decision Friday morning on Fifth Amendment grounds, with Acosta making an appearance this Friday morning in the press room after the White House said it would “temporarily reinstate” the reporters credentials.
Hours after the Democrats took back the House of Representatives on Election Day, the President and Acosta were at odds over question asked about immigration, specifically the migrant caravan in Mexico heading towards the U.S. Tempers flaring between the two, a White House staffer moved in to take the microphone away from Acosta, Trump walked out from behind the podium and engaged in an exchange with the reporter, causing a small fracas live on television.
President Trump promptly ordered the suspension of Acosta’s White House press pass after the ending the press conference.
CNN filed a First Amendment lawsuit on the grounds that the reporter’s right to the freedom of speech is being violated from having his credentials revoked. Furthermore, they argue that President Trump must publicly declare that the revocation was unconstitutional, seeking a declaration from the judge for that issuance.
Nevertheless, Judge Kelly granted CNN‘s request for a temporary restraining order with relief on Fifth Amendment grounds, stating that the White House violated Acosta’s due process rights when suspending his press pass. Soon thereafter, the Trump Administration announced that there would be forthcoming “rules” to the press corps. The federal judge also said in his ruling that, in the future, the White House could seek to revoke a certain press pass if it provided an individual with due process.
White House Press Secretary Sarah Huckabee-Sanders said this afternoon that the Trump Administration will develop guidelines to ensure equality and order in official press conferences. Trump reiterated later that people must “behave.”
While reporters may not be accustomed to rules with reporting within the White House, or even on 1600 Pennsylvania Avenue, they could, in fact, protect other reporters from retaliation.