The Law that the ACOSTA Judge based his decision on.. Is NOT a WIN for CNN – it’s just outlining PROCEDURE

Ok people… I did something no-one bothers to do… READ THE CASE LAW the judge based his decision on.

openjurist.org/569/f2d/124/sherrill-v-h-knight

Robert SHERRILL
v.
H. Stuart KNIGHT, Director, United States Secret Service, et
al., Appellants.

1977

In this case the judge determines that ‘due process’ must be followed to revoke the press passes of ‘bona fide’ reporters. He goes on to state that it must simply be IN WRITING, and administrative procedure followed.

The journalist must also be a ‘Bona Fide’ journalist – which means asking questions, not getting into philosophical debates with the White House. (This will easily be overruled in a higher Court).

Quote from the court case:

“In our view, the procedural requirements of notice of the factual bases for denial, an opportunity for the applicant to respond to these, and a final written statement of the reasons for denial are compelled by the foregoing determination that the interest of a bona fide Washington correspondent in obtaining a White House press pass is protected by the first amendment. “

Literally all the judge is saying is that the White House must put it in writing, and give the ‘reporter’ an opportunity to RESPOND before pulling the press pass.

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It STILL allows the whitehouse the final decision, the court is just saying that a CERTAIN PROCEDURE must be followed.

This is a really simple fix – All the White House needs to do is put the reasons for revocation IN WRITING – let Acosta respond in writing, and THEN make it’s final ruling.

ALL final powers are still within the disposition of the WHITE HOUSE – they simply need to follow the ‘Due Process’ (mock administrative procedure) to complete the task.

This ISN’T a ‘win’ for CNN – this is a joke.

For fucks sakes people READ.

 

h/t McShillin

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