Thread by @pdmcleod

Hello! I am coming to you this morning US District Court in DC where we soon expect a ruling in the case of CNN reporter Jim Acosta attempting to have his White House credentials reinstated. The White House has argued it has the right to rescind Acosta’s press pass.

I’m filling in today for @ZoeTillman who has tiny shoes to fill in that her feet are small but also large shoes to fill in that she is smart. I will try not to screw it up.

So my understanding is the “White House” is a building where the “President” lives.

Also Acosta was standing in the security line behind me on the way in and I would describe his mood as “medium” and his suit as “nice."

US District Judge Timothy Kelly starts his oral ruling by recounting that fateful press conference earlier this month. For a full catchup on what happened and the legal arguments, check out Zoe’s story: buzzfeednews.com/article/zoetil…

Judge Kelly notes Sarah Sanders’ first stated reasons for revoking Jim Acosta’s credentials (his “hard pass”) was that he made physical contact with an intern who was going for the mic. Later, in writing, she said it was about his general conduct in hogging the mic.

Judge Kelly is referencing a previous case, which he says did set a precedent where a journalist’s fifth amendment right to due process would apply to a case like this.

Judge agrees with the White House that there is no first amendment right to come onto the White House grounds. HOWEVER once they do open up WH grounds to reporters but denies others, first amendment comes into play.

Judge Kelly says Trump need not ever call on Jim Acosta again, but Acosta is owed due process if his hard pass is going to be revoked.

Judge is explaining that the White House did not provide due process. He describes the process as “so shrouded in mystery that the government could not tell me…. who made the decision."

This, clearly, is going well for CNN so far. Judge Kelly says the White House’s later written arguments for banning Acosta were belated and “hardly sufficient to satisfy due process."

Kelly also notes the doctored video the White House pointed to, which was sped up to exaggerate Acosta’s hand movement. Judge Kelly, with some understatement, notes this evidence was of questionable accuracy.

We now turn to the question of if Acosta will suffer irreparable harm if he does not get an injunction returning his hard pass.

Judge says CNN has shown irreparable harm will occur. Says even if CNN sent another reporter, that “does not make the harm to Mr Acosta any less real."

BIG: Judge Kelly rules Jim Acosta’s first amendment rights overrules the White House’s right to have orderly press conferences.

And here it is! Kelly says plaintiffs have shown likelihood fifth amendment rights were violated, and there is irreparable harm.

Judge Kelly orders the White House to reinstate Jim Acosta’s hard pass.

CNN and Jim Acosta win today but remember this case is not over.

Judge is not ruling Acosta’s first amendment was in fact violated. This is just an injunction.

Here’s our story, which we’ll be updating. Jim Acosta Will Get His White House Pass Back, Following A Judge's Order

buzzfeednews.com/article/paulmc…

The White House argued it could ban Acosta after he held up a press conference.

Judge Kelly: “I find the harm to Mr. Acosta in sustaining an ongoing violation of his Fifth Amendment due process rights outweighs the government’s interest in orderly, respectful press conferences.”

Worth noting the judge says the balance of inequities would not have swung in Acosta’s favor had the White House banned him for safety or security reasons.

The judge is ordering Acosta’s press pass reinstated because he found a likely violation of Acosta’s Fifth Amendment right to due process.

Acosta/CNN also argued a First Amendment violation of viewpoint or content discrimination. Judge did not end up having to consider this.