The White House has issued a new warning to CNN’s Jim Acosta, saying his press pass could be revoked again at the end of the month.
In response, CNN is asking the U.S. District Court for another emergency hearing.
“The White House is continuing to violate the First and 5th Amendments of the Constitution,” the network said in a statement. “These actions threaten all journalists and news organizations. Jim Acosta and CNN will continue to report the news about the White House and the President.”
Last Friday CNN won a temporary restraining order, forcing the White House to restore Acosta’s press access to the White House for 14 days. Judge Timothy J. Kelly ruled on Fifth Amendment grounds, saying Acosta’s right to due process had been violated. He did not rule on CNN’s argument about First Amendment violations.
Later that same day, the White House sent Acosta a formal letter outlining a “preliminary decision” to suspend his pass again once the restraining order expires. The letter cited his conduct at President Trump’s November 7 press conference, where he asked multiple follow-up questions and didn’t give up the microphone right away.
“You failed to abide” by “basic, widely understood practices,” the letter to Acosta claimed. It was signed by two of the defendants in the suit, press secretary Sarah Sanders and deputy chief of staff for communications Bill Shine.
The letter signaled that the Trump administration wants to continue fighting Acosta, despite the round one setback in court, rather than seeking an out-of-court settlement.
Since the judge criticized the government for not following due process before banning Acosta, the new letter looks like an effort to establish a paper trail that will empower the administration to boot Acosta again at the end of the month.