Originally posted Friday, November 16, 2018 by RODNEY HO/rho@ajc.com on his AJC Radio & TV Talk blog
A federal judge ruled Friday morning that the White House had to reinstate CNN correspondent Jim Acosta's press pass.
The Trump administration last week revoked Acost'as pass, unhappy with the combative nature of his questioning at a press conference with Donald Trump.
CNN said it tried to resolve the issue privately but when the White House wouldn’t budge, it filed the lawsuit, basing its arguments on both free speech First Amendment rights as well as a lack of due process, a Fifth Amendment right. It asked for a temporary restraining order giving Acosta his pass back immediately.
“We are gratified with this result and we look forward to a full resolution in the coming days,” said CNN in a statement.
Acosta is expected to be back in the White House today to work, though he had originally planned a vacation day.
Timothy Kelly, the federal judge, sided with CNN on Fifth Amendment issues, saying the White House had not given him proper due process. He said he wasn't basing this limited ruling on the First Amendment but will revisit that issue at a later time.
Kelly left open the door for the White House to revoke Acosta’s pass again down the road.
CNN is seeking “permanent relief,” which would prevent the White House from taking similar actions against other reporters.
Acosta during last week’s press conference refused to relinquish the microphone after Trump dismissed him. The White House said he was breaking decorum with his aggressive actions.
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