Judge hands CNN victory in its bid to restore Jim Acosta’s White House press pass

Judge Timothy Kelly ruled in favor of CNN and reporter Jim Acosta in a dispute with President Donald Trump, ordering the White House to temporarily restore the press credentials that the Trump administration had taken away from Acosta. Judge Kelly granted CNN’s motion for a temporary restraining order that will prevent the administration from keeping Acosta off White House grounds. Judge Kelly ruled that Acosta’s First Amendment rights overruled the White House’s right to have orderly news conferences. Judge Kelly, appointed to the federal bench by President Trump in 2017, said he agreed with the government’s argument that there was no First Amendment right to come onto the White House grounds. But, he said, once the White House opened up the grounds to reporters, the First Amendment applied. He also agreed with CNN’s argument that the White House did not provide due process. He said the White House’s decisionmaking was “so shrouded in mystery that the government could not tell me . . . who made the decision.” The White House’s later written arguments for banning Acosta were belated and weren’t sufficient to satisfy due process, Judge Kelly said.

CNN said: “We are gratified with this result and we look forward to a full resolution in the coming days. Our sincere thanks to all who have supported not just CNN, but a free, strong and independent American press.”

Acosta added: “I just want to thank all my colleagues in the press who supported me this week. I want to thank the judge [for this ruling]. And let’s go back to work.”