Approving a temporary restraining order [TRO] on the White House revocation of CNN White House reporter Jim Acosta’s press credentials, U.S. District Court Judge Timothy J. Kelly, agreed with CNN attorneys that their reporter didn’t get due process. Getting into a combative Q&A with President Donald Trump Nov. 7, Acosta acted overly aggressive, refusing to give up the mic after called on to do by a White House aid. White House officials insisted Acosta manhandled the intern, something that wasn’t too obvious reviewing videotape of the Nov. 7 incident. While CNN CEO Jeff Zucker went to the mat with the White House for headlines and get Acosta’s credentials back, the real problems had to do with Acosta acting out-of-control. White House counsel couldn’t tell Judge Kelly who at the White House was responsible for yanking the press pass of CNN reporter Jim Acosta.
Whether deserved or not, White House counsel didn’t make the appropriate argument about Acosta’s combativeness and refusal to follow rules. “Whatever process occurred within the government is still so shrouded in mystery that the government could not tell me at oral argument who made the initial decision to revoke Mr. Acosta’s press pass,” Kelly said. Zucker never admitted that Acosta’s behavior in the White House press gaggle went over the top in terms of appropriate standards of behavior. CNN focused only on CNN’s First Amendment right to have their reporter ask the president pertinent questions. “We are gratified with this result and we look forward to a full resolution in the coming days,” CNN said. “Our sincere thanks to all who have supported not just CNN, but a free, strong and independent American press,” deliberately obscuring the real issue.
Acosta’s press credentials were revoked Nov. 7 not because of the First Amendment but because of his obnoxious behavior, deviating from conventional standards of decorum. Interrupting, talking over and refusing to follow instructions, Acosta brought the whole mess on CNN and himself. Since acting out-of-control Nov. 7, CNN has done everything possible to blame the president for violating CNN and Acosta’s First Amendment rights. Acting combatively is no different than the Free Speech rights of someone screaming “fire” in a crowded theater, causing a stampede and injuries. While Acosta caused no injuries, his combativeness was out of line for anyone issued a White House press pass. “Let’s go back to work,” said Acosta, rejoicing with CNN on Judge Kelly’s reprieve. Kelly only ruled on Acosta’s due process rights, not on the Free Speech issue.
White House Press Secretary Sarah Sanders responded to the judge’s ruling, reminding CNN that there’s no absolute Free Speech right to White House access. “Today, the court made clear that there is no absolute right First Amendment right to access the White House,” said Sanders, reminding CNN about Judge Kelly’s narrow ruling over due process. Once Trump responded to Acosta’s obnoxious behavior revoking his press credential, CNN focused only on Free Speech, diverting attention away from Acosta’s outrageous behavior. Calling Acosta a “rude, terrible person,” Nov. 7, Trump served notice that he won’t tolerate obnoxious behavior from anyone, reporters included. Sanders said the White House is working on rules and procedures to prevent any reporter from monopolizing the mic when they’ve been asked to pass it back to White House staff.
Asked in a Fox News interview with Chris Wallace, Trump responded to the Judge’s TRO giving back Acosta’s press credentials. “Yeah, it’s fine. I mean, it’s not a big deal,” Trump told Wallace. “What they said though is that we have to create rules and regulations for conduct, etc., etc. We’re doing that. We’re going to write them up right now. It’s not a big deal. And if he misbehaves, we’ll throw him out, or we’ll stop the news conference,” said Trump. Trump wants the White House press corps to know that it’s not about free press, it’s about decency. CNN wants to make the issue about the Imperial Presidency, not about appropriate standards of decorum. Trump told Wallace that no one believes in the First Amendment more than he does, but he won’t let one reporter monopolize a press conference, preventing other journalists from getting in their questions.
When a news organization like CNN becomes the story, there’s something wrong at the network. Covering Acosta’s reinstatement, CNN makes it like another Midterm election victory over Trump. Watching Acosta act out-of-control, disrupting a White House press conference, CNN should have apologized for his behavior, promising that it won’t happen again. Playing up the Free Speech angle deliberately obscures the facts over Acosta’s obnoxious behavior. “I will say this, look, nobody believes in the First Amendment more than I do,” Trump said. “And if I think somebody is acting out of sorts, I will leave. I well say thank you very much everybody. I appreciate you coming, and I will leave. And those reporters will not be too friendly to whoever it is that’s acting up,” Trump said, serving notice that, regardless of the judge’s ruling, he won’t tolerate any reported to go ballistic.
