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

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.

Trump Taunts Christine Blasey Ford at Rally

Playing to the crowd of thousands gathered to cheer him on, the president pretended to be Dr. Blasey testifying before the Senate Judiciary Committee last Thursday. “Thirty-six years ago this happened. I had one beer, right? I had one beer,” said Mr. Trump, channeling his version of Dr. Blasey. His voice dripping with derision, he then imitated her being questioned at the hearing, followed by her responses about what she could not recall about the alleged attack.

“How did you get home? I don’t remember. How’d you get there? I don’t remember. Where is the place? I don’t remember. How many years ago was it? I don’t know. I don’t know. I don’t know. I don’t know. What neighborhood was it in? I don’t know. Where’s the house? I don’t know. Upstairs, downstairs, where was it? I don’t know,” Mr. Trump said, as the crowd applauded. “But I had one beer. That’s the only thing I remember.”

.. Then, continuing in his own voice, he said: “And a man’s life is in tatters. A man’s life is shattered. His wife is shattered.” Referring to those who have championed Dr. Blasey’s case, he added: “They destroy people. They want to destroy people. These are really evil people.”

Senator Jeff Flake, Republican of Arizona, criticized the president’s mocking of Dr. Blasey.

“To discuss something this sensitive at a political rally is just not right, it’s just not right and I wish he had not have done it,” Mr. Flake said early Wednesday on NBC. “It’s kind of appalling.”

.. Mr. Trump’s taunts could inflame a struggle over power and sex that has consumed the capital in recent weeks and risked alienating two of the undecided moderate Republicans whose votes will decide the fate of his nomination, Senators Susan Collins of Maine and Lisa Murkowski of Alaska.

.. Earlier Tuesday, the president’s advisers were privately marveling at how measured — for him — he had been throughout the controversy around Judge Kavanaugh’s confirmation process. But his patience appeared to run out on Tuesday night, as Mr. Trump seemed eager to charge up his supporters against Dr. Blasey.
.. Mr. Trump’s portrait of Dr. Blasey was met with cheers and laughter by the crowd of several thousand supporters at the Landers Center in Southaven, Miss. And it mirrored the increasingly sharp attacks against her by conservative news media
.. Mr. Trump has expressed similar sentiments in the past in response to sexual misconduct allegations against Bill O’Reilly, the Fox News host who was forced out after multimillion-dollar settlements of sexual harassment claims; Roy S. Moore, the Republican candidate for Senate in Alabama who lost after being accused of child molestation; and Rob Porter, his White House staff secretary who resigned after two former wives accused him of abuse.
.. Asked if he had a message to men, the president said: “Well, I say that it’s a very scary time for young men in America when you can be guilty of something that you may not be guilty of. This is a very, very — this is a very difficult time.”

Why Trump is so frantic right now

I can’t be the only one who thinks he sounds less like an elected official than like the leader of some apocalyptic cult. Look at the way he rails against the news media at his revival-style campaign rallies. In Indiana on Thursday night, he seemed obsessed with news stories that had described empty seats and a subdued crowd at a West Virginia rally several days earlier. He claimed those reports were “fake news,” although they were demonstrably true.

.. Trump is taking a page from the playbook of totalitarian dictators: Believe only me. Reality is what I say it is. Anyone who claims otherwise is an Enemy of the People.

.. Trump’s approval rating having fallen to 36 percent, with disapproval at 60 percent.

.. more than half of those polled — an incredible 53 percent — said they “strongly” disapproved of Trump’s performance.

.. The most immediate threat to Trump from the election is not impeachment, though we may eventually reach that point. Rather, it is the prospect of genuine oversight and serious investigation. Scrutiny is Trump’s kryptonite.

.. The other thing Trump fears, of course, is the Robert S. Mueller III investigation writ large. The probe by the special counsel has now metastasized to involve the Southern District of New York, the New York state attorney general and the Manhattan district attorney

.. Trump desperately wants an attorney general who will shut Mueller down. The incumbent, Jeff Sessions, cannot do so because he is recused from the matter. Republican senators who once warned Trump not to dare fire Sessions now seem resigned to the fact that Trump will do just that.

It makes sense for Trump to make his move after the election. If Republicans still control Congress, he’ll get away with it. If Democrats take charge, he won’t.