Kelly, whom Trump appointed to the federal bench last year, handed down his ruling two days after the network and government lawyers argued over whether the president had the power to exclude a reporter from the White House.
In his decision, Kelly ruled that Acosta’s First Amendment rights overruled the White House’s right to have orderly news conferences. Kelly 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 decision-making 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, Kelly said.
.. White House press secretary Sarah Sanders announced Acosta’s “indefinite” suspension last week after the confrontation at the news conference. Trump and Sanders have had several run-ins with Acosta stretching back to before Trump became president.
.. CNN has argued that the ban on Acosta violated his First Amendment rights because it amounts to “viewpoint discrimination” — that is, the president is punishing him for statements and coverage he didn’t like. The network has also said the action violates Acosta’s Fifth Amendment right to due process because his exclusion follows no written guidelines or rules and has no appeal or review procedures.
.. Until the White House’s action last week, no reporter credentialed to cover the president had ever had a press pass revoked.
.. A government lawyer, James Burnham, argued in a hearing before Kelly on Wednesday that the president was within his rights to ban any reporter from the White House at any time, just as he excludes reporters from interviews in the Oval Office. He said Acosta could report on the president “just as effectively” by watching the president on TV or by calling sources within the White House. He also said CNN wouldn’t be injured by Acosta’s exclusion since CNN has dozens of other journalists credentialed for the White House.
.. Burnham also explained that Trump’s rationale for Acosta’s ban was his “rudeness” at last week’s news conference, in effect arguing that Acosta’s conduct, not his right to free speech, was the relevant issue.
The assertions drew a rebuttal from CNN’s lawyer, Boutrous, who described the ban on the reporter as arbitrary, capricious and unprecedented. He said White House reporters need access to the premises to meet with sources and to report on untelevised “gaggles,” impromptu discussions with press aides and other officials, so that banning a reporter from the grounds harms his or her ability to do their job.
.. Trump has suggested other reporters could face a similar fate if they displease him in some unspecified way.
.. During the presidential campaign in 2015 and 2016, Trump banned more than a dozen news organizations from his rallies and public events, including The Washington Post. But he said he wouldn’t do something similar as president. Last week, he went back on that statement.
.. Trump’s 2020 reelection campaign has used the CNN lawsuit to drum up contributions, portraying the suit as evidence of “liberal bias” — an assertion Boutrous brought up on Wednesday to demonstrate that Trump had political reasons for banning Acosta.
A 1977 court ruling said that administrations cannot bar correspondents from the briefing room without “due process.”
.. 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... hen 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.
.. To explain why Acosta’s credentials had been revoked, Sarah Huckabee Sanders, Trump’s press secretary, tweeted a highly edited video on Wednesday that appeared to show Acosta hitting the intern who tried to grab his microphone. Sanders wrote on Twitter, “President Trump believes in a free press and expects and welcomes tough questions of him and his administration. We will, however, never tolerate a reporter placing his hands on a young woman just trying to do her job as a White House intern…” Acosta tweeted back, “This is a lie.”
In actuality, the video Sanders shared was doctored and originally posted by Paul Joseph Watson, a British conspiracy theorist associated with the fake-news website Infowars.
.. The White House Correspondents’ Association denounced “the Trump Administration’s decision to use US Secret Service security credentials as a tool to punish a reporter with whom it has a difficult relationship.”
.. The conservative blogger Erick Erickson tweeted, “Y’all, I’m sorry to defy the tribe, but I’ve watched this video over and over and it looks more like @Acosta had his arm out pointing with his finger and when she tried to pull the microphone down, both his arms went down rather naturally.”.. Among those in media and politics, the widespread consensus was an obvious one: This was not about safety and security; this was not about an assault. Acosta was punished for the way he went about his reporting... “If there are professional concerns that the White House has about Jim Acosta or anyone else, they should express that professionally. They should be talking about that openly and there should be an effort to determine what, if anything, needs to change. The response is not engaging the Secret Service to pull someone’s credentials.”
“That’s just completely inappropriate and just this side of thuggery in my view,” Sesno added... In public remarks on Friday morning, Trump seemed unremorseful about pulling Acosta’s credentials. The president threatened further punishment for reporters like American Urban Radio Networks’ April Ryan, calling her a “loser.”
“It could be others also” if they “don’t treat the White House and the office of the presidency with respect,” Trump said.
.. “Once the government creates the kind of forum that it has created, like the White House briefing room, it can’t selectively include or exclude people on the basis of ideology or viewpoint,” said Ben Wizner, the director of the ACLU’s Speech, Privacy, and Technology Project.
.. The new steps enunciated in the Sherrill decision to ensure that reporters’ First Amendment rights are not violated include
- the requirement to give the reporter notice and
- the right to rebut a formal written decision, which must accompany any revocation.
“We further conclude that notice, opportunity to rebut, and a written decision are required because the denial of a pass potentially infringes upon First Amendment guarantees,” the court’s ruling states. “Such impairment of this interest cannot be permitted to occur in the absence of adequate procedural due process.”.. “If the Secret Service makes this kind of determination that they’re going to no longer let someone have access, or limit access from the start, there should be a really good reason for that,” Michele Kimball, a media-law professor at George Washington University, said. “And if you are denied that access, there should be some sort of procedural due process for you, [so] that you can find out what happened... “What they’ve done here is not only unwise, but probably illegal,” the ACLU’s Wizner concluded... He clearly relished that role as an outsider, because when he won his 11-year battle with the White House to get credentialed, he opted against it... “The fun thing about this was that when I was finally going to get a press pass, I never applied,” Sherrill told the Times. “I didn’t want to be in the White House. I had been in Washington long enough to realize that was the last place to waste your time sitting around for some dumb [expletive] to give a press conference.”When all was said and done, Sherrill knew his best work would be done far away from the place he was never allowed to visit.
During the 2016 campaign, Zeynep Tufekci was watching videos of Donald Trump rallies on YouTube. But then, she writes, she “noticed something peculiar. YouTube started to recommend and ‘autoplay’ videos for me that featured white supremacist rants, Holocaust denials and other disturbing content.”
And it wasn’t just Trump videos. Watching Hillary Clinton rallies got her “arguments about the existence of secret government agencies and allegations that the United States government was behind the attacks of Sept. 11.” Nor was it just politics. “Videos about vegetarianism led to videos about veganism. Videos about jogging led to videos about running ultramarathons.”
Tufekci is a New York Times columnist and a professor at the University of North Carolina. She’s also one of the clearest thinkers around on how digital platforms work, how their algorithms understand and shape our preferences, and what the consequences are for society. So as we learn that Facebook is detecting new efforts at electoral manipulation and as we watch online politics become ever more bitter and divisive, I wanted to talk with Tufekci about how digital platforms have become engines of radicalization, and what we can do about it.
In an oral culture, memory is prized.
In a social media culture, attention-getting is prized. The Kardashians do this. Trump is an ex-reality television star, because that is what he excelled at. She thinks this won’t work well because it will be misunderstood. You don’t have control over where it goes.
What is this media training us to do? It is rewarding attention-grabbing with political power and money. Politicians try to get attention without letting it take over.
The space is so crowded, so competitive.
What really wins when thousands of things are competing? (28:50 min)
Things that outrage or excite core identities. Really funny, mean, or shocking.
We are taught to believe that competition is always better. The more we train people to win this war, it is easy to see how so much falls along identity lines, funny, mean, shocking.
Every company knows the power of the default.
The most effective forms of censorship involve messing with trust and attention.
Is censorship the right word? People are asking this of Facebook and Google.
What to do with Alex Jones and what to call him?
3 degrees of Alex Jones: you can start anywhere on Facebook? and Alex Jones will be recommended.
With InfoWars they are targeting people for violent incitement. Claiming that the Sandy Hooks parents kids are actors and they pretended a shooting occurred so that the government can take your guns away.
They are not governments; they are gatekeepers.
Ted Cruz has allied himself with someone who said his father helped kill JFK.
We need forms of due process
they are serving in the least ethical administration in our history? The “our” is important, because there have been more crooked regimes — but only in banana republics. The corruption and malfeasance of the Trump administration is unprecedented in U.S. history. The only points of comparison are the Gilded Age scandals of the Grant administration, Teapot Dome under the Harding administration, and Watergate and the bribe-taking of Vice President Spiro Agnew during the Nixon administration.
.. tweet from President Trump: “Why is A.G. Jeff Sessions asking the Inspector General to investigate potentially massive FISA abuse. . . . Why not use Justice Department lawyers? DISGRACEFUL!” Translation: Trump is exercised that the Justice Department is following its normal procedures.
Sessions fired back: “As long as I am the Attorney General, I will continue to discharge my duties with integrity and honor.” Translation: The president is asking him to act without“integrity and honor.”
.. This is part of a long pattern of the president pressuring the “beleaguered” Sessions — a.k.a. “Mr. Magoo” — to misuse his authority to shut down the special counsel investigation of Trump and to launch investigations of Trump’s political foes. Because Sessions won’t do that, Trump has tried to force him from office. The president does not recognize that he is doing anything improper. He thinks the attorney general should be his private lawyer.
.. The poor man has no idea of what the “rule of law” even means
.. he said: “Take the guns first, go through due process second.” This from a supposed supporter of the Second Amendment.
This is a president, after all, whose
- communications director quit on Wednesday after admitting to lying (but insists her resignation was unrelated); whose
- senior staff included an alleged wife-beater; whose
- former national security adviser and deputy campaign manager have pleaded guilty to felonies; whose
- onetime campaign chairman faces 27 criminal charges, including conspiracy against the United States; whose
- attorney paid off a porn star; and whose
- son mixed family and government business on a trip to India.
President Trump’s week ended with the sudden departure of a speechwriter who had been accused of brutally attacking his wife, the president’s defense of another staffer who allegedly assaulted two ex-wives
.. The president learned at a very early age that what humiliates, damages, even destroys others can actually strengthen his image and therefore his bottom line.
.. The White House lets it be known that Kelly is in the doghouse. Yet the president himself goes out of his way to speak publicly in defense of the ousted aide, without so much as a nod toward what the women have suffered.
1) Always double down on your position.
Trump has regularly argued in favor of men on his side who’ve been accused of bad behavior against women, whether that was
- Senate candidate Roy Moore of Alabama;
- Fox News figures Roger Ailes and Bill O’Reilly; last week’s case du jour,
- Rob Porter; or
- Trump himself. He weathered the “Access Hollywood” tape that many of his aides thought would sink his campaign, and he successfully batted away
- allegations from more than a dozen women that he was guilty of sexual misconduct toward them.
Saturday morning, the president tripled down. “Peoples lives are being shattered and destroyed by a mere allegation,” he tweeted. “There is no recovery for someone falsely accused — life and career are gone. Is there no such thing any longer as Due Process?”
2) The president must always be the focus of attention. Aides who get too big for their britches won’t be around for long.
.. Whether or not Kelly leaves, he has been knocked down several notches, especially in the public’s view. He’s been shown who’s boss, in case he had harbored any doubts.
Trump, contrary to the caricature he fostered on his reality TV show, “The Apprentice,” rarely excommunicates close aides forever. They almost all remain in his orbit even if he has publicly humiliated them or sent them off for a long vacation.
.. But they must always learn that those who attempt to grab some of the limelight will be dealt with.
.. When erstwhile chief strategist Stephen K. Bannon made the cover of Time — for Trump still a vital marker of making it big, even as the magazine’s influence has severely waned — he was done for, at least for now.
.. He learned in the 1970s from his mentor Roy Cohn that when you face criticism, justified or not, “you tell them to go to hell and fight the thing,” as Cohn said.
.. Trump instead leaned hard on the accelerator, ratcheting up his rhetoric, pressing for a convention lineup that doubled down on appealing to his base — Willie Robertson of “Duck Dynasty,” the chief of Ultimate Fighting Championship, music by Southern, white classic rock acts.
.. In the 1980s, Trump not only didn’t push back when tabloid newspapers turned the collapse of his first marriage into a daily soap opera; Trump actively participated in the scripting of the drama, calling gossip writers, dishing out salacious morsels almost by the hour.
.. “The show is Trump,” he said then, “and it is sold-out performances everywhere.”
.. Trump had discovered in painting oneself as the rich celebrity ordinary Americans aspire to be.
Obama called it “the unfounded optimism of the average American — ‘I may not be Donald Trump now, but just you wait; if I don’t make it, my children will.’ ”
.. he recognized that bad behavior and the notoriety it generated didn’t undermine that image. For many people, it actually enhanced it.
.. visionary business leaders succeed “because they are narcissists who devote their talent with unrelenting focus to achieving their dreams, even if it’s sometimes at the expense of those around them.”
When elite universities shift their entire worldview away from liberal education as we have long known it toward the imperatives of an identity-based “social justice” movement, the broader culture is in danger of drifting away from liberal democracy as well.
If elites believe that the core truth of our society is a system of interlocking and oppressive power structures based around immutable characteristics like race or sex or sexual orientation, then sooner rather than later, this will be reflected in our culture at large. What matters most of all in these colleges — your membership in a group that is embedded in a hierarchy of oppression — will soon enough be what matters in the society as a whole.
.. The idea of individual merit — as opposed to various forms of unearned “privilege” — is increasingly suspect.
.. Any differences in outcome for various groups must always be a function of “hate,” rather than a function of nature or choice or freedom or individual agency
.. Polarization has made this worse — because on the left, moderation now seems like a surrender to white nationalism, and because on the right, white identity politics has overwhelmed moderate conservatism.
.. Trump plays a critical role. His crude, bigoted version of identity politics seems to require an equal and opposite reaction.
.. there’s a huge temptation to respond in kind.
.. anger is rarely a good frame of mind to pursue the imperatives of reason, let alone to defend the norms of liberal democracy.
.. Liberals welcome dissent because it’s our surest way to avoid error. Cultural Marxists fear dissent because they believe it can do harm to others’ feelings and help sustain existing identity-based power structures.
.. the impulse to intimidate, vilify, ruin, and abuse a writer for her opinions chills open debate.
.. An entirely intended byproduct of this kind of bullying — and Roiphe is just the latest victim — is silence.
.. only a member of a minority group can speak about racism or homophobia, or that only women can discuss sexual harassment.
.. The only reason this should be the case is if we think someone’s identity is more important than the argument they might want to make
.. left-feminists are not just interested in exposing workplace abuse or punishing sex crimes, but in policing even consensual sex for any hint of patriarchy’s omnipresent threat.
.. In the struggle against patriarchy, a distinction between the public and private makes no sense.
.. There’s a reason that totalitarian states will strip prisoners of their clothing. Left-feminists delight in doing this metaphorically to targeted men — effectively exposing them naked to public ridicule and examination because it both traumatizes the object and more importantly sits out there as a warning to others.
.. Besides, if they’re innocent, they’ll be fine!
.. can anyone justify why the POSSIBLE innocence of men is so much more important than the DEFINITE safety and comfort of women?”
.. we now have a “gender editor” at the New York Times, Jessica Bennett
.. Does she understand that the very word intersectional is a function of neo-Marxist critical race theory? Is this now the guiding philosophy of the paper of record?
.. At The Atlantic, the identity obsession even requires exhaustive analyses of the identity of sources quoted in stories. Ed Yong, a science writer, keeps “a personal list of women and people of color who work in the beats that I usually cover,” so he can make sure that he advances diversity even in his quotes.
.. there is no art that isn’t rooted in identity.
.. I don’t doubt the good intentions of the new identity politics — to expand the opportunities for people previously excluded. I favor a politics that never discriminates against someone for immutable characteristics
.. what we have now is far more than the liberal project of integrating minorities. It comes close to an attack on the liberal project itself. Marxism with a patina of liberalism on top is still Marxism — and it’s as hostile to the idea of a free society as white nationalism is.
.. the core concepts of a liberal society —
- the individual’s uniqueness,
- the primacy of reason,
- the protection of due process,
- an objective truth
— are so besieged, this is one of the reasons.
.. The goal of our culture now is not the emancipation of the individual from the group, but the permanent definition of the individual by the group. We used to call this bigotry. Now we call it being woke. You see: We are all on campus now.
.. prudence that worries about unintended consequences; that values thrift; that tries to insure itself against future risks; that takes the responsibility of government seriously; that worries about extreme rhetoric; that balances the budget; that insists on constantly taking pains to protect inconvenient constitutional norms; that defends existing institutions. I could go on. It all began with Burke’s recoil from the French Revolution.
.. Is there any institution in the West that is currently less conservative than the GOP?
.. No institution that is integral to our liberal democracy is immune from attack. This includes law enforcement (the FBI), the Justice Department, an independent and free press, the prerogatives of the opposition party, and regular order in the Congress.
It is a party that would impeach a State Supreme Court rather than give up its gerrymandered districts.
.. its cult leader never misses an opportunity to deepen racial divides and to inflame the gender wars.
.. Whatever else this record is, it is an open and outright assault on any concept of prudence, responsibility, or moderation. Which is to say it is an assault on conservatism itself.
.. If there is any future for the conservative soul and mind in America, it will have to start with the wholesale destruction of the current Republican Party. I made that case more than a decade ago now.
.. The financial industry’s support for the plan, which would require new and existing corporations to register with the Treasury Department’s Financial Crimes Enforcement Network, could be pivotal.
.. Treasury in 2016 issued a long-awaited rule mandating banks to identify the true owners of companies they take on as clients. It also urged Congress to create a national database of those owners, a step that proponents said would stymie the creation of shell companies by bad actors.
.. Instead of just applying to suspected money-laundering or terrorism-financing activity, the measure would include a long list of criminal activities, including food-stamp fraud, the smuggling of counterfeit goods and environmental crimes.
.. “What you don’t want is a situation where the [government] is able to get private and sensitive information without having to go through that normal process,” she added, citing requests for a warrant or court order.