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The Legal Precedent That Could Protect Jim Acosta’s Credentials

(Source: theatlantic.com)

Read: The president and the press

In January 1972, when Sherrill reapplied for White House press credentials, he was again denied without explanation. That’s when the American Civil Liberties Union took his case to federal court. With the ACLU’s help, Sherrill sued the Secret Service for violating his First and Fifth Amendment rights.

By the time a D.C. circuit-court judge ruled in his case in 1977, it had been 11 years after his credentials were originally denied.

When Donald Trump clashed with Jim Acosta, the chief White House correspondent for CNN, at his post-midterms news conference on Wednesday—and later revoked his press credentials—he most likely knew nothing about the precedent set by the D.C. Circuit Court of Appeals in Robert Sherrill’s case—precedent, experts said, that put the law squarely on Acosta’s side.

“Thank you Mr. President. I wanted to challenge you on one of the statements that you made on the tail end of the campaign in the midterms,” Acosta started, microphone in hand, staring ahead toward the president from the front row of the press conference.

Trump’s lips pursed and then released. “Here we go,” he said, practically breaking the fourth wall.

“If you don’t mind, Mr. President—” Acosta tried.

“C’mon, c’mon, let’s go.” The president let out a half whistle from his mouth and motioned to his rival to hurry up and ask his question.

“—that this caravan was an invasion.”

“I consider it to be an invasion,” Trump replied.

The exchange became testier and Trump’s complexion reddened. “Honestly, I think you should let me run the country. You run CNN. And if you did it well, your ratings would be better,” Trump told the reporter.

Acosta held on to the microphone as a White House intern tried to grab it back from him. “Mr. President, I had one other question, if I may ask, on the Russia investigation,” Acosta said. “Are you concerned that—”

Trump lifted a finger and wagged it from the podium. “I’m not concerned about anything about the Russia investigation, ’cause it’s a hoax.” He walked away from the podium momentarily, readying for his next hit. Acosta gave in and relinquished the mic.

“I’ll tell you what,” the president huffed. “CNN should be ashamed of itself, having you working for them. You are a rude, terrible person. You shouldn’t be working for CNN … You’re a very rude person. The way you treat Sarah Huckabee [Sanders] is horrible and the way you treat other people are horrible. You shouldn’t treat people that way.”

When Acosta returned to the White House grounds later that evening to do a live shot for Anderson Cooper 360°, the Secret Service asked for his hard pass, which he had held since 2013, and confiscated it. They were just following orders, and he understood that; the orders came from higher up. His access was revoked: He was locked out of the Trump White House.

More Info: theatlantic.com

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