Thread by @willchamberlain

*looks around*

*whispers*

judge contreras' decision to give back @BrianKarem's hard pass was right on the law

#ConfessYourUnpopularOpinion

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@BrianKarem There's only one case that matters, Sherill v. Knight

It's a DC Circuit case, so it is binding authority

It says reporters have a first amendment interest in press passes, which triggers fifth amendment due process protections if they are to be taken away

@BrianKarem In order to meet the standard required for Due Process, under Sherrill, the White House has to "specify in a meaningful way the basis on which" you can be denied a press pass

I.e. you can't have some vague standard like "security reasons," needs to be clear and provide notice

@BrianKarem The White House pointed to the "Acosta Letter" as laying out the standard

This was the letter they wrote after trying and failing to suspend @Acosta's press pass

But because the Rose Garden event wasn't a press conference, the Acosta letter didn't apply

@BrianKarem @Acosta Contreras also noted that the letter failed the Sherrill test, because "professionalism" was as vague a standard as "security reasons"

Without a clear standard there's no due process, so the WH can't revoke his pass

🤷‍♂️

@BrianKarem @Acosta So, @BrianKarem gets away with being a clown for now

Looking for who to blame?

Blame the White House lawyers who did a poor job drafting the Acosta letter

Judge Contreras didn't do anything more than apply pretty simple, binding precedent to the facts

FIN