Judge Restores Jim Acosta’s Press Pass on Fifth Amendment Grounds

A District Court judge temporarily restored CNN reporter Jim Acosta’s press pass, which had been revoked by President Donald Trump. Acosta’s pass had been taken away after he got aggressive with a White House intern who tried to retrieve a mic from him while he was grandstanding at a press conference.

According to Axios:

“U.S. District Judge Timothy Kelly issued a temporary restraining order Friday forcing the White House to reinstate CNN correspondent Jim Acosta’s press credentials. Kelly said it is likely that Acosta’s first and fifth amendment rights were violated when the White House suspended his press pass, saying he believes CNN and Acosta are likely to prevail in the case.”

The Fifth Amendment protected Acosta

When it comes to law, process matters. The same apparently rung true for Acosta’s press pass.

Judge Kelly relied heavily on precedent from a 1977 Circuit Court ruling in favor of Robert Sherill. Eleven years previous Sherill’s credentials were denied, and when he inquired as to why, the Secret Service replied that they couldn’t tell him the reasons. Sherill reapplied for credentials in 1972, and they were denied again without explanation.

Along with the ACLU, Sherill successfully made his case on First Amendment, but mainly Fifth Amendment grounds.

CNN’s case continues – and Judge Kelly clarifies this is a “narrow” ruling

The case is far from over – and Acosta being granted the temporary injunction restoring his press pass is only the first legal hurdle in this battle. His press pass has been restored as the case unfolds, which could either go in his favor (in which nothing will change), or against him (in which case it’ll be re-revoked).

But the most important piece of this whole episode is getting relatively little attention compared to its importance.

Judge Kelly did clarify that this is a narrow ruling on his part. “I want to emphasize the very limited nature of this ruling,” he said, not ruling on whether or not the White House violated CNN or Acosta’s First Amendment rights. Kelly says he still hasn’t determined whether or not Acosta’s First Amendment rights were violated.

In other words, it’s likely that the White House did have a valid reason to suspend Acosta’s press pass, they just didn’t follow the right procedure.

Knowing Jim Acosta though, he’ll present plenty of new opportunities for the White House to revoke his credentials once again. Ironically, if Acosta behaved the way he did in the White House in Judge Kelly’s courtroom, he’d be arrested.

81 thoughts on “Judge Restores Jim Acosta’s Press Pass on Fifth Amendment Grounds”

  1. TELL THE JUDGE TO GO TO HELL! TRUMP IS IN CHARGE OF THE W H AS TO WHO COMES AND GOES! THIS JERK IN THE BLACK ROBE DOESN’T! BAD AND WRONG DECISION ALL AROUND!

  2. TELL THE JUDGE TO GO TO HELL! TRUMP IS IN CHARGE OF THE W H AS TO WHO COMES AND GOES! THIS JERK IN THE BLACK ROBE DOESN’T! BAD AND WRONG DECISION ALL AROUND!

  3. Acosta is a glory-hound, he loves to be the center of attention. He is the farthest thing from a news reporter. He doesn’t even realize he is one of many white house reporters, he thinks the news briefing is just for him and he should be the only one who gets to ask questions. Typically kindergarten behavior. I’m surprised that one of the real reporters doesn’t tell him to shut up and sit down.

  4. Acosta is a glory-hound, he loves to be the center of attention. He is the farthest thing from a news reporter. He doesn’t even realize he is one of many white house reporters, he thinks the news briefing is just for him and he should be the only one who gets to ask questions. Typically kindergarten behavior. I’m surprised that one of the real reporters doesn’t tell him to shut up and sit down.

  5. Even in congress the representatives have only an allotted amount time . So each reporter (i use that term loosely) has an allotted amount time after that is the next persons turn if the so called reporter will not shut up have them ejected from the room..

  6. Even in congress the representatives have only an allotted amount time . So each reporter (i use that term loosely) has an allotted amount time after that is the next persons turn if the so called reporter will not shut up have them ejected from the room..

  7. Why can’t they just kick him out of the White House and let him keep the credentials Obama kicked FOX news off AF1? A journalist with credentials what an oxymoron or contradiction when applied to Acosta who is neither a journalist and has no respect for others, credentials require a degree of respect totally lacking by CNN that tries to pass itself off as journalism when its just a DNC red rag.

  8. So, by this judge’s logic, if I apply for white house press credentials and they deny them, I have had my first and fifth amendment rights violated? That’s just stupid.
    Acosta can say anything he wants, which he demonstrates frequently, so how is his first amendment right violated?
    The fifth amendment says “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.”
    What did he lose that was innately his? That press pass? No way. it’s issued by the government at the government’s pleasure. All CNN needed to do was send a different reporter so they didn’t lose anything.
    Why hasn’t Acosta been charged with battery? He certainly shoved that young lady who was trying to do her job. That is clearly battery. Dictionary dot com defines battery under the law thusly:
    “Law . an unlawful attack upon another person by beating or wounding, or by touching in an offensive manner.” He certainly did that. I saw it as did probably millions of others. He shoved her away with his arm against her breasts.

  9. So, by this judge’s logic, if I apply for white house press credentials and they deny them, I have had my first and fifth amendment rights violated? That’s just stupid.
    Acosta can say anything he wants, which he demonstrates frequently, so how is his first amendment right violated?
    The fifth amendment says “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.”
    What did he lose that was innately his? That press pass? No way. it’s issued by the government at the government’s pleasure. All CNN needed to do was send a different reporter so they didn’t lose anything.
    Why hasn’t Acosta been charged with battery? He certainly shoved that young lady who was trying to do her job. That is clearly battery. Dictionary dot com defines battery under the law thusly:
    “Law . an unlawful attack upon another person by beating or wounding, or by touching in an offensive manner.” He certainly did that. I saw it as did probably millions of others. He shoved her away with his arm against her breasts.

  10. So, by this judge’s logic, if I apply for white house press credentials and they deny them, I have had my first and fifth amendment rights violated? That’s just stupid.
    Acosta can say anything he wants, which he demonstrates frequently, so how is his first amendment right violated?
    The fifth amendment says “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.”
    What did he lose that was innately his? That press pass? No way. it’s issued by the government at the government’s pleasure. All CNN needed to do was send a different reporter so they didn’t lose anything.
    Why hasn’t Acosta been charged with battery? He certainly shoved that young lady who was trying to do her job. That is clearly battery. Dictionary dot com defines battery under the law thusly:
    “Law . an unlawful attack upon another person by beating or wounding, or by touching in an offensive manner.” He certainly did that. I saw it as did probably millions of others. He shoved her away with his arm against her breasts.

  11. The right procedure should be immediate when the violation occurs which is what Trump almost did. He should have had Acosta carried out rather than waiting until after the press conference was over.

  12. So the judge ordered that Acosta be let back into the press room. Nothing apparently said about the President having to call on him or that they had to give him the microphone. Let him in then ignore him. If he raises a ruckus arrest him for disorderly conduct. IMHO they should have done that this time.

  13. So the judge ordered that Acosta be let back into the press room. Nothing apparently said about the President having to call on him or that they had to give him the microphone. Let him in then ignore him. If he raises a ruckus arrest him for disorderly conduct. IMHO they should have done that this time.

  14. So the judge ordered that Acosta be let back into the press room. Nothing apparently said about the President having to call on him or that they had to give him the microphone. Let him in then ignore him. If he raises a ruckus arrest him for disorderly conduct. IMHO they should have done that this time.

  15. CNN has 49 other press passes and there should be a rule about being disrespectful. IF I were Trump, I would make it clear, you have ONE question and then MUST pass the mike on to the next person IF you don’t do that, you must pass it on to the next journalist and if you don’t, the president should leave and end the press conference. He is far more important things to do than tolerate a grandstanding idiot like Acosta or Ryan.

  16. CNN has 49 other press passes and there should be a rule about being disrespectful. IF I were Trump, I would make it clear, you have ONE question and then MUST pass the mike on to the next person IF you don’t do that, you must pass it on to the next journalist and if you don’t, the president should leave and end the press conference. He is far more important things to do than tolerate a grandstanding idiot like Acosta or Ryan.

  17. CNN has 49 other press passes and there should be a rule about being disrespectful. IF I were Trump, I would make it clear, you have ONE question and then MUST pass the mike on to the next person IF you don’t do that, you must pass it on to the next journalist and if you don’t, the president should leave and end the press conference. He is far more important things to do than tolerate a grandstanding idiot like Acosta or Ryan.

  18. Is it possible for the President to assign a back row seat to Acosta? That should be the punishment for RUDE, ARROGANT jerks like Acosta and Ryan.

    You can just hear their disrespect in their voices.

  19. well this little punk has multiplied decent folks’ disgust and dislike of him by about 1000, if that’s possible.
    With all the aggravation going on, with all the IMPORTANT issues we and our President are facing every single day (thanks mostly to the dem snakes and those who support them, like Acosta himself), he (and his cnn masters) find it oh-so-necessary to create a court battle over something as trivial as him getting exactly what he deserved by being tossed out of the WH. This is what happens when these liberal lunatics are permitted to get away with showing their a$$es time and time again. He should have been thrown out the very first time he showed disrespect for the Office of President and the decent people who elected Pres Trump. Reporters are not there to make accusations and literally start fights with the President. I’ve never seen such egregious behavior in such a setting. This creep is NOT a reporter, he’s got an agenda all his own and shows it every time he opens his big, immature, “look-at-me” mouth.

    Tell you what.. He may come in again but if I were President, I wouldn’t know he was there. I would never even look at him and FOR SURE would NEVER answer a question/accusation from him, I would completely ignore him and if he created another scene I would already have the Secret Service on notice to remove him again. The day I’d acknowledge his perfidious little existence would be when he11 freezes.

    See what they can do about that.

  20. well this little punk has multiplied decent folks’ disgust and dislike of him by about 1000, if that’s possible.
    With all the aggravation going on, with all the IMPORTANT issues we and our President are facing every single day (thanks mostly to the dem snakes and those who support them, like Acosta himself), he (and his cnn masters) find it oh-so-necessary to create a court battle over something as trivial as him getting exactly what he deserved by being tossed out of the WH. This is what happens when these liberal lunatics are permitted to get away with showing their a$$es time and time again. He should have been thrown out the very first time he showed disrespect for the Office of President and the decent people who elected Pres Trump. Reporters are not there to make accusations and literally start fights with the President. I’ve never seen such egregious behavior in such a setting. This creep is NOT a reporter, he’s got an agenda all his own and shows it every time he opens his big, immature, “look-at-me” mouth.

    Tell you what.. He may come in again but if I were President, I wouldn’t know he was there. I would never even look at him and FOR SURE would NEVER answer a question/accusation from him, I would completely ignore him and if he created another scene I would already have the Secret Service on notice to remove him again. The day I’d acknowledge his perfidious little existence would be when he11 freezes.

    See what they can do about that.

  21. well this little punk has multiplied decent folks’ disgust and dislike of him by about 1000, if that’s possible.
    With all the aggravation going on, with all the IMPORTANT issues we and our President are facing every single day (thanks mostly to the dem snakes and those who support them, like Acosta himself), he (and his cnn masters) find it oh-so-necessary to create a court battle over something as trivial as him getting exactly what he deserved by being tossed out of the WH. This is what happens when these liberal lunatics are permitted to get away with showing their a$$es time and time again. He should have been thrown out the very first time he showed disrespect for the Office of President and the decent people who elected Pres Trump. Reporters are not there to make accusations and literally start fights with the President. I’ve never seen such egregious behavior in such a setting. This creep is NOT a reporter, he’s got an agenda all his own and shows it every time he opens his big, immature, “look-at-me” mouth.

    Tell you what.. He may come in again but if I were President, I wouldn’t know he was there. I would never even look at him and FOR SURE would NEVER answer a question/accusation from him, I would completely ignore him and if he created another scene I would already have the Secret Service on notice to remove him again. The day I’d acknowledge his perfidious little existence would be when he11 freezes.

    See what they can do about that.

  22. Obama banned Fox and nothing happened!! The old double standard and hypocrisy has prevailed!!
    Why should a Press Secretary or the President have to put up with shameful behavior from the press?? Even other people in the press think Acosta is rude and hogs the mike.

  23. Obama banned Fox and nothing happened!! The old double standard and hypocrisy has prevailed!!
    Why should a Press Secretary or the President have to put up with shameful behavior from the press?? Even other people in the press think Acosta is rude and hogs the mike.

  24. President Trump’s critics often criticize the Administration of being circus like. That may be so, but it appears as though the opposition news media, academia and Hollywood are so pleased with this narrative in every respect, one might suggest that the opposition is also supplying the clowns. Another way of saying this is that comics and demagogues alike can ridicule almost anything or anyone. Acosta is just another clown who offers nothing of value to serious journalism.

  25. President Trump’s critics often criticize the Administration of being circus like. That may be so, but it appears as though the opposition news media, academia and Hollywood are so pleased with this narrative in every respect, one might suggest that the opposition is also supplying the clowns. Another way of saying this is that comics and demagogues alike can ridicule almost anything or anyone. Acosta is just another clown who offers nothing of value to serious journalism.

  26. Next time, when he gets belligerent, have the Secret Service or Capitol Police arrest him and have him charged with assault. See how much his rights matter.

  27. Next time, when he gets belligerent, have the Secret Service or Capitol Police arrest him and have him charged with assault. See how much his rights matter.

  28. So the judge in his ruling didn’t at all take into account Acosta’s violent behavior towards the WH intern. The WH chief of staff is a moron for failing to protect physical safety of the WH employee (the intern) and not filing a counter lawsuit against Acosta for behaving violently. Acosta should have been escorted by Secret Service out of the premises right there and then. This verdict shows that the WH has lost its discretion to not tolerate certain behaviors from the visitors and the ability to evict and to ban them.

  29. Since the President has to obey a court order, Then the administration should take A$$costa’s front row seat and give it to some one from the back of the room and let that person sit up front.

  30. Since the President has to obey a court order, Then the administration should take A$$costa’s front row seat and give it to some one from the back of the room and let that person sit up front.

  31. Sorry to read this article. Acosta is nothing but a loud mouthed idiot and IMHO does not belong in the W H press corps. He can;t behave like a REAL reporter all he can do is grandstand!! Maybe Acosta should be re-assigned by CNN to the jailhouse beat!

  32. Sorry to read this article. Acosta is nothing but a loud mouthed idiot and IMHO does not belong in the W H press corps. He can;t behave like a REAL reporter all he can do is grandstand!! Maybe Acosta should be re-assigned by CNN to the jailhouse beat!

  33. For double!
    Here put this in your mouth err no that goes in your rear…
    I think this is great, I will be there Monday too exercising my 5th! If not I’ll sue that judge.

  34. For double!
    Here put this in your mouth err no that goes in your rear…
    I think this is great, I will be there Monday too exercising my 5th! If not I’ll sue that judge.

  35. For double!
    Here put this in your mouth err no that goes in your rear…
    I think this is great, I will be there Monday too exercising my 5th! If not I’ll sue that judge.

  36. Acosta is a glory-hound, he loves to be the center of attention. He is the farthest thing from a news reporter. He doesn’t even realize he is one of many white house reporters, he thinks the news briefing is just for him and he should be the only one who gets to ask questions. Typically kindergarten behavior. I’m surprised that one of the real reporters doesn’t tell him to shut up and sit down.

  37. Even in congress the representatives have only an allotted amount time . So each reporter (i use that term loosely) has an allotted amount time after that is the next persons turn if the so called reporter will not shut up have them ejected from the room..

  38. Why can’t they just kick him out of the White House and let him keep the credentials Obama kicked FOX news off AF1? A journalist with credentials what an oxymoron or contradiction when applied to Acosta who is neither a journalist and has no respect for others, credentials require a degree of respect totally lacking by CNN that tries to pass itself off as journalism when its just a DNC red rag.

  39. So, by this judge’s logic, if I apply for white house press credentials and they deny them, I have had my first and fifth amendment rights violated? That’s just stupid.
    Acosta can say anything he wants, which he demonstrates frequently, so how is his first amendment right violated?
    The fifth amendment says “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.”
    What did he lose that was innately his? That press pass? No way. it’s issued by the government at the government’s pleasure. All CNN needed to do was send a different reporter so they didn’t lose anything.
    Why hasn’t Acosta been charged with battery? He certainly shoved that young lady who was trying to do her job. That is clearly battery. Dictionary dot com defines battery under the law thusly:
    “Law . an unlawful attack upon another person by beating or wounding, or by touching in an offensive manner.” He certainly did that. I saw it as did probably millions of others. He shoved her away with his arm against her breasts.

  40. The right procedure should be immediate when the violation occurs which is what Trump almost did. He should have had Acosta carried out rather than waiting until after the press conference was over.

    1. So the judge ordered that Acosta be let back into the press room. Nothing apparently said about the President having to call on him or that they had to give him the microphone. Let him in then ignore him. If he raises a ruckus arrest him for disorderly conduct. IMHO they should have done that this time.

  41. CNN has 49 other press passes and there should be a rule about being disrespectful. IF I were Trump, I would make it clear, you have ONE question and then MUST pass the mike on to the next person IF you don’t do that, you must pass it on to the next journalist and if you don’t, the president should leave and end the press conference. He is far more important things to do than tolerate a grandstanding idiot like Acosta or Ryan.

  42. well this little punk has multiplied decent folks’ disgust and dislike of him by about 1000, if that’s possible.
    With all the aggravation going on, with all the IMPORTANT issues we and our President are facing every single day (thanks mostly to the dem snakes and those who support them, like Acosta himself), he (and his cnn masters) find it oh-so-necessary to create a court battle over something as trivial as him getting exactly what he deserved by being tossed out of the WH. This is what happens when these liberal lunatics are permitted to get away with showing their a$$es time and time again. He should have been thrown out the very first time he showed disrespect for the Office of President and the decent people who elected Pres Trump. Reporters are not there to make accusations and literally start fights with the President. I’ve never seen such egregious behavior in such a setting. This creep is NOT a reporter, he’s got an agenda all his own and shows it every time he opens his big, immature, “look-at-me” mouth.

    Tell you what.. He may come in again but if I were President, I wouldn’t know he was there. I would never even look at him and FOR SURE would NEVER answer a question/accusation from him, I would completely ignore him and if he created another scene I would already have the Secret Service on notice to remove him again. The day I’d acknowledge his perfidious little existence would be when he11 freezes.

    See what they can do about that.

    1. Is it possible for the President to assign a back row seat to Acosta? That should be the punishment for RUDE, ARROGANT jerks like Acosta and Ryan.

      You can just hear their disrespect in their voices.

  43. Obama banned Fox and nothing happened!! The old double standard and hypocrisy has prevailed!!
    Why should a Press Secretary or the President have to put up with shameful behavior from the press?? Even other people in the press think Acosta is rude and hogs the mike.

  44. President Trump’s critics often criticize the Administration of being circus like. That may be so, but it appears as though the opposition news media, academia and Hollywood are so pleased with this narrative in every respect, one might suggest that the opposition is also supplying the clowns. Another way of saying this is that comics and demagogues alike can ridicule almost anything or anyone. Acosta is just another clown who offers nothing of value to serious journalism.

  45. So the judge in his ruling didn’t at all take into account Acosta’s violent behavior towards the WH intern. The WH chief of staff is a moron for failing to protect physical safety of the WH employee (the intern) and not filing a counter lawsuit against Acosta for behaving violently. Acosta should have been escorted by Secret Service out of the premises right there and then. This verdict shows that the WH has lost its discretion to not tolerate certain behaviors from the visitors and the ability to evict and to ban them.

  46. Since the President has to obey a court order, Then the administration should take A$$costa’s front row seat and give it to some one from the back of the room and let that person sit up front.

  47. Sorry to read this article. Acosta is nothing but a loud mouthed idiot and IMHO does not belong in the W H press corps. He can;t behave like a REAL reporter all he can do is grandstand!! Maybe Acosta should be re-assigned by CNN to the jailhouse beat!

    1. For double!
      Here put this in your mouth err no that goes in your rear…
      I think this is great, I will be there Monday too exercising my 5th! If not I’ll sue that judge.

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