CNN is filing a lawsuit against President Trump and several of his aides, seeking the immediate restoration of chief White House correspondent Jim Acosta’s access to the White House.
The lawsuit is a response to the White House’s suspension of Acosta’s press pass, known as a Secret Service “hard pass,” last week. The suit alleges that Acosta and CNN’s First and Fifth Amendment rights are being violated by the ban.
The suit is being filed in U.S. District Court in Washington, D.C. on Tuesday morning, a CNN spokeswoman confirmed.
Both CNN and Acosta are plaintiffs in the lawsuit. There are six defendants: Trump, chief of staff John Kelly, press secretary Sarah Sanders, deputy chief of staff for communications Bill Shine, Secret Service director Joseph Clancy, and the Secret Service officer who took Acosta’s hard pass away last Wednesday. The officer is identified as John Doe in the suit, pending his identification.
The six defendants are all named because of their roles in enforcing and announcing Acosta’s suspension.
Last Wednesday, shortly after Acosta was denied entry to the White House grounds, Sanders defended the unprecedented step by claiming that he had behaved inappropriately at a presidential news conference. CNN and numerous journalism advocacy groups rejected that assertion and said his pass should be reinstated.
On Friday, CNN sent a letter to the White House formally requesting the immediate reinstatement of Acosta’s pass and warning of a possible lawsuit, the network confirmed.
In a statement on Tuesday morning, CNN said it is seeking a preliminary injunction as soon as possible so that Acosta can return to the White House right away, and a ruling from the court preventing the White House from revoking Acosta’s pass in the future.
“CNN filed a lawsuit against the Trump Administration this morning in DC District Court,” the statement read. “It demands the return of the White House credentials of CNN’s Chief White House correspondent, Jim Acosta. The wrongful revocation of these credentials violates CNN and Acosta’s First Amendment rights of freedom of the press, and their Fifth Amendment rights to due process. We have asked this court for an immediate restraining order requiring the pass be returned to Jim, and will seek permanent relief as part of this process.”
CNN also asserted that other news organizations could have been targeted by the Trump administration this way, and could be in the future.
“While the suit is specific to CNN and Acosta, this could have happened to anyone,” the network said. “If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials.”
Acosta has continued to do part of his job, contacting sources and filing stories, but he has been unable to attend White House events or ask questions in person — a basic part of any White House correspondent’s role.
Acosta is on a previously scheduled vacation this week. He declined to comment on the lawsuit.
On CNN’s side, CNN Worldwide chief counsel David Vigilante is joined by two prominent attorneys, Ted Boutrous and Theodore Olson. Both men are partners at Gibson, Dunn & Crutcher.
Last week, before he was retained by CNN, Boutrous tweeted that the action against Acosta “clearly violates the First Amendment.” He cited the Sherrill case.
“This sort of angry, irrational, false, arbitrary, capricious content-based discrimination regarding a White House press credential against a journalist quite clearly violates the First Amendment,” he wrote.
David McCraw, the top newsroom lawyer at The New York Times, said instances of news organizations suing a president are extremely rare.
Past examples are The New York Times v. U.S., the famous Supreme Court case involving the Pentagon Papers in 1971; and CNN’s 1981 case against the White House and the broadcast networks, when CNN sued to be included in the White House press pool.
The backdrop to this new suit, of course, is Trump’s antipathy for CNN and other news outlets. He regularly derides reporters from CNN and the network as a whole.
Abrams posited on “Reliable Sources” on Sunday that CNN might be reluctant to sue because the president already likes to portray the network as his enemy. Now there will be a legal case titled CNN Inc. versus President Trump.
But, Abrams said, “this is going to happen again,” meaning other reporters may be banned too.
“Whether it’s CNN suing or the next company suing, someone’s going to have to bring a lawsuit,” he said, “and whoever does is going to win unless there’s some sort of reason.”
Former Potential Suspects In Alleged Jussie Smollett Attack Claim Attack Was Faked
UPDATE: Smolletts’ attorneys released a statement countering the claims of the two brothers.
“As a victim of a hate crime who has cooperated with the police investigation, Jussie Smollett is angered and devastated by recent reports that the perpetrators are individuals he is familiar with. He has now been further victimized by claims attributed to these alleged perpetrators that Jussie played a role in his own attack. Nothing is further from the truth and anyone claiming otherwise is lying.
“One of these purported suspects was Jussie’s personal trainer who he hired to ready him physically for a music video. It is impossible to believe that this person could have played a role in the crime against Jussie or would falsely claim Jussie’s complicity.
“Jussie and his attorneys anticipate being further updated by the Chicago Police Department on the status of the investigation and will continue to cooperate. At the present time, Jussie and his attorneys have no inclination to respond to “unnamed” sources inside of the investigation, but will continue discussions through official channels.”
Chicago (CBS) — Two brothers who were questioned and released by Chicago police investigating the Jussie Smollett attack did play a role in the crime.
Sources say at least one of the brothers bought the rope used in the incident at Smollett’s request. The sources also say the “Empire” actor paid for the rope, which was purchased at the Crafty Beaver Hardware Store the weekend of Jan. 25.
The brothers were paid $3,500 before leaving for Nigeria and were promised an additional $500 upon their return.
They left for Nigeria later in the day on Jan. 29 after the attack.
The sources say plain red hats worn by the brothers were bought at an Uptown beauty supply store and that the attack was supposed to happen before Jan. 29.
Smollett claims two men attacked him in Streeterville early Jan. 29 as he was heading to his apartment. He said they yelled racial and homophobic slurs at him, poured a chemical on him and put a rope around his neck.
The brothers are now cooperating with police.
Since being released Friday night, the brothers have been staying in an undisclosed location.
Chicago police spokesperson Anthony Guglielmi said:
“We can confirm that the information received from the individuals questioned by police earlier in the Empire case has in fact shifted the trajectory of the investigation. We’ve reached out to the Empire cast member’s attorney to request a follow-up interview.”
Developing story, more to come…
Colin Kaepernick Reaches Settlement With NFL Over Kneeling Protest Fallout
- Colin Kaepernick, Eric Reid settle collusion grievance with NFL
- Parties have resolved grievances subject to confidentiality pact
The NFL and attorneys for Colin Kaepernick and Eric Reid jointly announced on Friday afternoon they have settled a complaint of collusion by the players, who claimed the league’s owners blackballed them because they had protested by kneeling during the pre-game playing of the national anthem.
“For the past several months, counsel for Mr Kaepernick and Mr Reid have engaged in an ongoing dialogue with representatives of the NFL,” the statement read. “As a result of those discussions, the parties have decided to resolve the pending grievances. The resolution of this matter is subject to a confidentiality agreement so there will be no further comment by any party.”
An arbitrator had been expected to rule over the next few weeks on Kaepernick’s grievance against the league, which he filed in 2017 under the collective bargaining agreement. The former San Francisco 49ers quarterback alleged the owners conspired to keep him off the field because of his protests to draw attention to racial inequality and social injustice issues.
The filing said the NFL and its owners “have colluded to deprive Mr Kaepernick of employment rights in retaliation for Mr Kaepernick’s leadership and advocacy for equality and social justice and his bringing awareness to peculiar institutions still undermining racial equality in the United States”.
The NFLPA released a statement on Friday in support of Kaepernick and Reid, acknowledging they did not know the terms of the agreement as the players employed outside counsel.
“We continuously supported Colin and Eric from the start of their protests, participated with their lawyers throughout their legal proceedings and were prepared to participate in the upcoming trial in pursuit of both truth and justice for what we believe the NFL and its clubs did to them,” the statement said. “We are glad that Eric has earned a job and a new contract, and we continue to hope that Colin gets his opportunity as well.”
guardian.co.uk © Guardian News & Media Limited 2010
Supreme Court Justice Ruth Bader Ginsburg Returns To The High Court After Bout With Cancer
WASHINGTON, Feb 15 (Reuters) – U.S. Supreme Court Justice Ruth Bader Ginsburg is back at the court after missing oral arguments in January as she recovered from lung cancer surgery at home, a court official said on Friday.
Ginsburg, who will turn 86 in March, had been working from home and participating and voting in cases since her December surgery by reading argument transcripts and case briefs. She attended the justices’ closed-door conference to discuss cases on Friday.
While Ginsburg was expected to attend the next session of oral arguments beginning on Feb. 19, court officials could not confirm she would be on the bench next week.
Last month, the court announced that Ginsburg’s recovery was on track and that there was “no evidence” of remaining disease.
Ginsburg, who joined the court in 1993, underwent a surgical procedure called a pulmonary lobectomy on Dec. 21 at Memorial Sloan Kettering Cancer Center in New York to remove two cancerous nodules in her left lung. She was released from the hospital on Dec. 25.
Ginsburg missed oral arguments in January for the first time in her lengthy career on the court, fueling speculation about her ability to continue in the job. (Reporting by Andrew Chung; editing by Jonathan Oatis)
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