White House Wins,

Be Careful What You Wish For…


From Legal Insurrection blog:

Based on reports from reporters in the media room, it appears that the Judge ruled that while the White House doesn’t have to allow any reporters into the White House, by setting up a credentialing process it owes people like Acosta due process, and that it confers a First Amendment interest entitled to protection. The Court appears to have ruled that Acosta’s First Amendment rights supersede the White House interest in orderly press conferences, and that Acosta was not given due process in the revocation process.

We only have the press reports on the judge’s ruling so it is likely that the reports bear no resemblance to reality. Going with what we have, I support the judge’s ruling and see this as a win for the White House. Now if the administration only has the wit to exploit the ruling.

The judge pointed out that the White House lacks a coherent policy regarding access and revoking access to reporters. He called on the administration to remedy the situation. I agree!

The first thing the White House should do is suspend all “hard” White House press passes, pending the drafting of a new equitable policy. This is necessary so that other reporters don’t run afoul of an arbitrary and capricious policy. The review and subsequent process of drafting of a new policy should be completed in the next two years. 

In the meantime, White House reporters can go through the usual visitor vetting process. In lieu of a physical presence the reporters can submit written questions to the White House press office. 

It’s too bad that intern didn’t kick Acosta in the balls.