White House Responds to CNN Lawsuit Over Jim Acosta Ban

The White House has responded to a lawsuit CNN filed against President Donald Trump and five other individuals who work at the White House over the suspension of reporter Jim Acosta’s White House security pass. White House press secretary Sarah Sanders decried the lawsuit as grandstanding by CNN and said the administration will mount a legal defense.

In a post-midterm press conference on Nov. 7, Acosta refused to give up a microphone after a confrontational exchange with Trump over his definition of the word “invasion,” claiming Trump “demonized immigrants” by drawing attention to the thousands of Central Americans who are moving through Mexico in hopes of entering the United States and claiming asylum.

After the sequence, during which Trump responded four times to Acosta, the CNN correspondent refused to give up a microphone, violating protocol. The general protocol is that reporters ask one question and a follow-up.

The third time a female White House intern attempted to take the mic to give it to another reporter, Acosta blocked her arm. CNN later falsely claimed that Acosta did not touch the intern, despite ample video evidence that he did. The network repeated that claim in the lawsuit.

Eventually, Acosta relinquished the microphone.

“This was not the first time this reporter has inappropriately refused to yield to other reporters,” Sanders said.

Later that day, when Acosta returned to the White House, a member of the Secret Service said he'd been instructed to take Acosta’s hard pass, which enables reporters a higher level of access to press conferences and other events on White House grounds. Sanders said in a statement that Acosta’s pass was suspended until further notice and Trump later called Acosta “a very unprofessional man.”

Sanders said CNN has hard passes for almost 50 of its staff.

A White House staff member steps in to try to take the microphone away from CNN's Jim Acosta as he questions U.S. President Donald Trump during a news conference at the White House in Washington, on Nov. 7, 2018. Kevin Lamarque/Reuters

Lawsuit

The White House responded on Nov. 13, after the suit was filed, with Sanders saying: “The White House cannot run an orderly and fair press conference when a reporter acts this way, which is neither appropriate nor professional. The First Amendment is not served when a single reporter, of more than 150 present, attempts to monopolize the floor. If there is no check on this type of behavior it impedes the ability of the president, the White House staff, and members of the media to conduct business.”

CNN filed the lawsuit (pdf) in a district court in Washington.

The network alleged that the revocation of the press pass violated the network’s and Acosta’s First Amendment rights of freedom of the press and Fifth Amendment rights of due process.

President Donald Trump answers CNN reporter Jim Acosta during a news conference in the East Room of the White House in Washington, on Nov. 7, 2018. Al Drago-Pool/Getty Images

“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. While the suit is specific to CNN and Acosta, this could have happened to anyone. If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials,” the network said in a statement.

The suit cites several court opinions that CNN believes applies to the case, including a 1977 D.C. Circuit decision that ordered the Secret Service to formulate standards by which applications from reporters who wish to cover the White House are judged.

Along with Trump, the suit names White House officials John Kelly, William Shine, Sarah Sanders, Randolph Alles, and “John Doe,” or the Secret Service member who took the pass away.

The lawsuit repeats the claim that Acosta didn’t touch the White House intern, citing other reporters who also asserted the claim. Video records of the press conference clearly show Acosta strike the intern’s arm when she attempts to take the mic from him.

CNN says the White House didn’t take action because of the inappropriate contact, but because it didn’t like Acosta challenging Trump.