CNN v. Trump

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CNN v. Trump
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United States District Court for the District of Columbia
Full case name Cable News Network, Inc. and Abilio James Acosta v. Donald J. Trump, in his official capacity as President of the United States; John F. Kelly, in his official capacity as Chief of Staff to the President of the United States; William Shine, in his official capacity as Deputy Chief of Staff to the President of the United States; Sarah Huckabee Sanders, in her official capacity as Press Secretary to the President of the United States; the United States Secret Service; Randolph Alles, in his official capacity as Director of the United States Secret Service; and John Doe, Secret Service Agent, in his official capacity
Citations 1:18-cv-02610-TJK
Judge sitting Timothy J. Kelly
Counsel for plaintiff(s) Theodore Boutrous
Plaintiff(s) CNN
Jim Acosta
Defendant(s) Donald Trump
John F. Kelly
William Shine
Sarah Huckabee Sanders
United States Secret Service
Randolph Alles
John Doe, Secret Service Agent

CNN v. Trump is a lawsuit filed on November 13, 2018 in the United States District Court for the District of Columbia. The plaintiffs are the Cable News Network (CNN) and their chief White House correspondent Jim Acosta, and the defendants are members of the Donald Trump administration and United States Secret Service. Citing Sherrill v. Knight, Pursuing America’s Greatness v. Federal Election Commission, and Elrod v. Burns,[1][2] the suit argues that the White House wrongfully revoked Acosta's press credentials, in violation of the First Amendment right to freedom of the press and Fifth Amendment right to due process, respectively. Citing federal regulations (namely, "Fed. R. Civ. P. 65(a) and Local Rule 65.1"),[3] the suit seeks immediate relief from damage to CNN and Acosta by way of a preliminary injunction, ordering return of Acosta's press pass at least temporarily while the litigation proceeds.[4][5][6]

Timeline

A hearing was held on November 14, 2018. Presiding Judge Timothy Kelly indicated that he would give his ruling on the following day, November 15.[6][7] On that date, Judge Kelly postponed his ruling until the following day, November 16.[8] Several media organizations filed amicus briefs in support of CNN, including Fox News, NBC News, The Associated Press, Bloomberg News, Gannett Company, The New York Times, Politico, USA Today, and The Washington Post.[9][10]

On Friday, November 16, Judge Kelly ordered that Acosta's press pass be temporarily restored. The judge said in his ruling that Acosta was deprived of his Fifth Amendment rights of due process, because Acosta had not been given prior notice or the chance to rebut. Judge Kelly declined to rule on the First Amendment claim.[11] In response Press Secretary Huckabee Sanders, claimed the court made it clear there was no First Amendment right to access the White House, although Judge Kelly had stated the ruling did not address questions about First Amendment issues.[12]

See also

References

  1. See court filing.
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  3. See court filing.
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  9. Even Trump’s favorite TV network supports CNN’s lawsuit against the White House Vox, November 14, 2018
  10. Fox News, other outlets back CNN’s lawsuit against Trump administration The Hill, November November 14, 2018
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External links