On Tuesday CNN and their Chief White House correspondent Jim Acosta filed a lawsuit against President Trump, his Press Secretary, his Deputy Communications Director, the Secret Service Director and an unnamed Secret Service Agent.
As the News Blender reported the lawsuit was in response to the White House revoking Acosta’s White House press credentials a move both CNN and Acosta allege violates the First Amendment and the Fifth Amendment of the Constitution.
On Wednesday the Department of Justice responded to CNN’s request for a temporary restraining order.
In the memorandum filed with the court, the DOJ argues that “the President and his staff have absolute discretion over which journalists they grant interviews to, as well as over which journalists they acknowledge at press events,” thus the First Amendment was not violated.
As to the claim that the decision to revoke Acosta’s “hard pass,” infringes on his due process right, the DOJ writes, “Mr. Acosta received notice of the reasons for his pass’s revocation the night it happened and again the next day (from the President himself),” they continue, “the White House issued a formal statement yesterday (November 13) adhering to its prior decision and detailing its reasons for doing so,” therefore the DOJ believes the due process requirement has been met.
CNN reported they are to appear before Judge Timothy J. Kelly, a President Trump appointee on Wednesday to discuss the restraining order and preliminary injunction “that would restore,” Acosta’s access right away.
In related news The Hollywood Reporter reported Wednesday that FOX News President Jay Wallace announced that his network would file an amicus brief in support of CNN’s legal effort.
The article explains Wallace’s statement in part reads, “Secret Service passes for working White House journalists should never be weaponized. While we don’t condone the growing antagonistic tone by both the President and the press at recent media avails, we do support a free press, access and open exchanges for the American people.”
FOX News is not alone in their support of CNN, other media outlets such as The New York Times, The Washington Post, Bloomberg, and others have issued a group statement via the Hollywood Reporter, that reads in part “Whether the news of the day concerns national security, the economy, or the environment, reporters covering the White House must remain free to ask questions,” the group also writes, “We will be filing friend-of-the-court briefs to support CNN’s and Jim Acosta’s lawsuit based on these principles.”
The list via Twitter of media outlets supporting CNN.