But on Sunday night, CNN’s Brian Stelter said in his “Reliable Sources” newsletter that “White House officials sent Acosta a letter stating that his pass is set to be suspended again once the restraining order expires”.
Stelter did not report the text of the letter or say whether it came only to Acosta or was submitted to the judge in the case. It was unclear whether the White House provided reasons that would somehow pass for due process in the eyes of the judge or a chance for Acosta to respond.
CNN filed for an emergency hearing on Monday, local time. The parties were also expected to file status reports on Monday explaining how they would like to proceed.
“The White House is continuing to violate the First and 5th Amendments of the Constitution,” CNN said in a statement. “These actions threaten all journalists and news organisations. Jim Acosta and CNN will continue to report the news about the White House and the President.”
CNN and Acosta, the network’s chief White House correspondent, sued the White House and press secretary Sarah Huckabee Sanders last week after they suspended his press credentials following Acosta’s minor altercation with a White House intern, who tried to take a microphone out of his hands as he questioned the President.
Sanders accused Acosta of “placing his hands on a young woman” when explaining why Acosta’s pass had been suspended, but Kelly found that this allegation was “likely untrue”.
In defending the White House’s decision to suspend Acosta’s press pass, Justice Department lawyers argued that it was not an infringement on the First Amendment because CNN had plenty of other White House reporters who are “more than capable of covering the White House complex on CNN’s behalf” and Acosta himself could still “practice his profession and report on the White House” – just not at the White House.
Kelly agreed that access to the White House grounds is not a First Amendment right. But he also found that a reporter’s “First Amendment liberty interest in a White House press pass” is also protected by the Fifth Amendment’s due process guarantees. In other words, the White House can’t just revoke a reporter’s press pass for no good reason.