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Acosta Ruling Just Backfired On Him Big Time With What Trump Can Now Do

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Jim Acosta did not do reporters a favor when he decided to be extremely rude to President Trump and then not follow protocol. CNN and Acosta sued the administration to get Acosta’s press pass back. But what it inadvertently did was open the procedural door to make it easier for Trump to eject rude and contentious media hacks as he sees fit.

Simple hard and fast rules now have been put in place and if a reporter does not adhere to them, then they can have their press credentials revoked and be removed. All Acosta’s stunt accomplished was to allow these rules to be codified and implemented. The Washington Examiner has more on the unintended consequences for the media that Acosta has wrought:

The decision by U.S. District Court Judge Timothy Kelly in Cable News Network v. Donald J. Trump ordering the White House to restore the press pass of reporter Jim Acosta has been hailed as a victory not only for CNN but for the entire press and the cause of journalism. But the end result of Kelly’s ruling, and of the CNN lawsuit, might not be happy for reporters and the news organizations that employ them.

The transcript of the Nov. 16 court session in which Kelly delivered his oral ruling was released in group of court papers on Monday. Kelly declared that the White House could not eject Acosta without first providing him due process — specifically, notice of the revocation of his press pass, a chance for Acosta to respond, and a written decision.

In short, the judge said to the White House: You can’t throw out a reporter without going through a process. But if you go through a process — which you, the White House, can design — then you can throw the reporter out. In the end, it could be that Kelly’s ruling will make it easier for the White House to oust reporters in the future — and to make the decision stick.

Throughout the court session, Kelly referred to the only real precedent in the Acosta matter, a 1977 case from the U.S. Circuit Court of Appeals called Sherrill v. Knight. In that case, the court ruled that the White House — specifically the Secret Service — could not deny a press pass to a “bona fide journalist” without due process. The court defined due process as “procedures whereby an applicant is given notice of the evidence upon which the Secret Service proposes to base its denial, [and] the journalist is afforded an opportunity to rebut or explain this evidence, and the Secret Service issues a final written decision specifying the reasons for its refusal to grant a press pass.”

In court, Kelly told lawyers for CNN and the government that he would use Sherrill as a guide in the Acosta matter. In his view, the due process arrangement outlined in Sherrill should apply to the Trump White House’s treatment of Acosta or any other White House reporter. “The court in Sherrill held that this process must include notice, an opportunity to rebut the government’s reasons, and a written decision,” Kelly said.

The judge’s clear implication was that if the White House takes those actions, if it jumps through those hoops in the future, it can expel a reporter without raising due process concerns.

Of course, CNN raised another issue in the suit, which is that the White House violated Acosta’s First Amendment rights by throwing him out over reporting the White House views as too negative. On that, Kelly offered no opinion. “In resolving this [restraining order] … I haven’t had to reach the plaintiff’s First Amendment claim at all in which they alleged that the government engaged in viewpoint or content discrimination,” Kelly said. “So I want to make very clear a couple of things. I have not determined that the First Amendment was violated here; I have not determined what legal standard would apply to the First Amendment claim here … and I haven’t determined what portions of Sherrill, if any, would bind me on those questions.”

But the White House said it revoked Acosta’s pass, not because of the content of his reporting, but because of his behavior at a Nov. 7 news conference. In court, Kelly described that behavior this way: “After Mr. Acosta asked several questions about the caravan of migrants heading to the U.S.-Mexican border, the president indicated that he wanted to move on to call on another reporter, but Mr. Acosta would not be seated and continued trying to ask his question, and then he would not give up the microphone, even when approached by an intern employed by the White House Press Office who attempted to retrieve it from him.”

Kelly might view the White House action as conduct-based, as the White House contends, rather than as content-based, as CNN alleges.

In any event, even if Acosta keeps his pass, Kelly said the president would be within his rights to freeze the CNN correspondent out forever. ” Sherrill explicitly recognizes the president’s right to engage with whomever he pleases,” Kelly said. “Certainly, he need not ever call on Mr. Acosta again.” The only issue in the case was that, according to Sherrill, “The government must provide Mr. Acosta due process if it is to revoke his hard pass.”

Beyond that, Kelly noted that the White House would be on firm legal ground if it ousted allreporters from the building. “The government also made the point that there is case law for the proposition that the public doesn’t have a general First Amendment right to enter the White House,” the judge said. “I have no quarrel with that at all.”

The issue in the Acosta case, Kelly continued, was predicated on the fact that the White House currently allows reporters in. ” Sherrill holds that once the White House opens a portion of it up to reporters for their use, some kind of First Amendment liberty interested protected by a due process right is created,” Kelly said, “and I simply have no choice but to apply that precedent here.”

The White House quickly took Kelly’s ruling to heart and began work on a process to deal with reporters in future Acosta-like situations. The president discussed it in an interview with Fox News over the weekend.

“What [the judge] said, though, was that we have to create rules and regulations for conduct, etc. , etc.,” Trump said. “We’re doing that. We’re going to write them up right now, it’s not a big deal. And if [Acosta] misbehaves, we’ll throw him out or we’ll stop the news conference.”

When Fox’s Chris Wallace asked what the rules would be, Trump answered, “We’ll have rules of decorum. You know, you can’t keep asking questions. You have — we had a lot of reporters in that room, many, many reporters in that room and they were unable to ask questions because this guy gets up and starts doing what he’s supposed to be doing for him and for CNN, and, you know, just shouting out questions.”

The rulemaking process didn’t take long. On Monday afternoon, the White House released a set of rules that “will govern White House press conferences going forward.” The list:

1. A journalist called upon to ask a question will ask a single question and then will yield the floor to other journalists;

2. At the discretion of the president or other White House official taking questions, a follow-up question or questions may be permitted; and where a follow up has been allowed and asked, the questioner will then yield the floor;

3. “Yielding the floor” includes, when applicable, physically surrendering the microphone to White House staff for use by the next questioner;

4. Failure to abide by any of rules (1) – (3) may result in suspension or revocation of the journalist’s hard pass.

“We would have greatly preferred to continue hosting White House press conferences in reliance on a set of understood professional norms, and we believe the overwhelming majority of journalists covering the White House share that preference,” press secretary Sarah Sanders said. “But, given the position taken by CNN, we now feel obligated to replace previously shared practices with explicit rules.”

At the same time, the White House announced it had “restored” Acosta’s press pass, and CNN announced it was dropping the Acosta lawsuit. CNN did a celebratory dance; the network’s media commentator, Brian Stelter, called it “a victory for CNN and for America’s free press.”

But the situation wasn’t that simple. After CNN’s action, it took just days for the White House to create a structure, which had not existed before the lawsuit, by which journalists can be evicted from the White House. No doubt any future alleged violation will involve a formal accusation that a reporter has violated the written standards, a chance for the reporter to respond, a written decision revoking the reporter’s credential, and eviction — all within the guidelines set up by a federal judge.

Of course, the press will protest and perhaps go to court if the White House acts on the new standards. But future judges might be less inclined to dictate to the president the substance of what he can and cannot do with regard to the press, once he takes care to recognize due process rights. And if that happens, CNN will have played a significant role in new limits on the press.

White House Guests KNEEL During National Anthem, Trump Makes Them Immediately Regret It

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The Marine Corp band in their bright red uniforms were on the south balcony of the White House on a bright, sunny Tuesday in Washington, DC. The Army Chorus sang, beginning the event with ‘America the Beautiful’ and concluded with ‘God Bless America’. At least two people who were guests at President Trump’s Celebration of America event yesterday knelt, showing exactly why so many Americans are ticked over the National Anthem controversy.

The event replaced a celebration at the White House in honor of the Super Bowl win for the Philadelphia Eagles. These two disrespectful idiots took a knee as the “Star Spangled Banner” rang out across the South Lawn of the White House. Simply disgraceful. These aren’t social justice warriors… these are unpatriotic jerks.

A video was posted to Twitter by a reporter for SVT, the Swedish national public TV broadcaster. It shows a man, wearing a light blue button down, kneeling as the National Anthem played, before clapping and ultimately coming to his feet after the song finished. I guess he thought that was his five minutes of fame or something.

What it really amounted to was making a fool out of himself internationally. President Trump showcases all of these liberal dimwits for what they are… America-hating, radical leftists who are far more interested in hating our brave police officers and our country than they are in respecting America and taking national pride in their country and President.

When President Trump took the podium, he blew his audience away with his love for our country, military, police, flag and the National Anthem. He made every single person who disrespects them like this look like the small, craven liberals that they really are. The man, who did not identify himself, left the event immediately after the United States Marine Band performed the anthem, according to a news anchor for TV2 Denmark. Gee, crawling away with his tail between his legs like the lowly cur he his. Guess he couldn’t stand patriotism after he showed how much he hates his own country.

There was a second man who was pictured kneeling as well. That was posted to Twitter by a CNN White House producer. He was wearing a light blue checkered shirt and had a little American flag. This guy was right up front. He was also apparently the same person who reportedly heckled Trump. That guy was roundly booed by everyone around him. CNN’s analyst April Ryan posted false news on Twitter yesterday claiming people were booing Trump when it was the heckler they went after. She eventually retracted what she said after her own colleagues called her out on the lie. “Stop hiding behind the armed services and the National Anthem,” the guy yelled to a chorus of boos, according to the Daily Mail. “Let’s hear it for the Eagles.” “Go home,” one person shouted at the heckler.

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The President didn’t engage the heckler, but looked in his direction and pursed his lips. He looked like he wanted to smack him. Right there with ya.

President Trump disinvited the Philadelphia Eagles to the White House after they at first said they had more than 70 players coming to the People’s House to celebrate. By this week, that number had dropped to less than ten and then to only one player. They kept trying to change the date to one where President Trump would be out of the country. I don’t blame the President in the least for canceling the visit. That was totally appropriate. If you insist on being ungrateful and insulting a sitting President of the United States, then you don’t deserve the honor of going to the White House period.

Trump claimed on Monday that the team disagreed “with their President because he insists that they proudly stand for the National Anthem, hand on heart, in honor of the great men and women of our military and the people of our country.” Eagles players denied that accusation, pointing out that no one on the team knelt for the anthem during last season. But that has nothing to do with how each individual on the team states his beliefs and shows his disrespect for President Trump.

White House Press Secretary Sarah Huckabee Sanders accused the team of a “political stunt” just minutes before Tuesday’s alternative event began, claiming the players had chosen to “abandon their fans.” That’s exactly what they did. “If this wasn’t a political stunt by the Eagles franchise then they wouldn’t have committed to attend the event and then backed out,” she said in her Tuesday press briefing. “And if it wasn’t a political stunt, they wouldn’t have attempted to reschedule the visit while the President was overseas.”

Trump was brief in his remarks and only spoke for about four minutes. He began by explaining why it’s an issue of patriotism for Americans to stand for the National Anthem. “We love our flag and stand for our National Anthem,” Trump said to great applause from the crowd on the South Lawn of the White House. “We stand to honor our military and to honor country and to honor the fallen heroes who never made it back home.” Yes, we do… and those that don’t can take a hike.

CLICK HERE To Sign Petition to BAN ‘The View’ For Being Hateful

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Melania Unveils This Year’s White House Christmas Decorations That Libs Are SURE To Hate

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Melania Trump’s first year in office was marked by immense criticism of our incredible first lady, who in the eyes of the Trump family’s numerous detractors, Melania could do nothing right, or at least as well as her predecessor, Michelle Obama. This included her full Christmas decor plan, which was stunning in silver and white, and a beautiful modern take on the same tired style that Michelle un-creatively came up with.

This year’s decorations will likely be no different, if not worse.

Last year, liberals claimed she decked the halls in depression and gloom, likening it to looking more like a haunted house than a holiday home. So, what will they say about this year’s new look?

Chicks On The Right reports:

FLOTUS doesn’t just slay on the fashion front. Her decorating skills are off the charts. (Yes, yes– I know she didn’t do this by herself, but if you really believe she didn’t have a say, you’re nuuuuuuuuuuuuts.)

ANYWHO. She finally unveiled this year’s White House Christmas decorations, and they’re GORGEOUS.

You have no idea how much I want to stroll through those halls of beautifully decorated trees. Oh well. I’ll have to settle for the aisles of Hobby Lobby.

It all looks great. I’m obsessed. TY, that is all.

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