Judge tells White House to give CNN’s Jim Acosta his pass back

Jim Acota, the CNN reporter, had clashes with Donald Trump during a press conference - AFP
Jim Acota, the CNN reporter, had clashes with Donald Trump during a press conference - AFP

The White House has been ordered to reinstate the press pass it stripped from CNN reporter Jim Acosta by a federal judge, handing a broadcaster frequently criticised by Donald Trump a legal victory. 

Timothy Kelly, a US district court judge, announced on Friday that Mr Acosta should have his credentials reinstated immediately so he can enter the White House and carry out his job. 

The temporary restraining order requires the reporter’s access be restored until a full hearing on the case is made. The judge was appointed to the bench by Mr Trump last year. 

The press pass had been stripped from Mr Acosta after a heated exchange with Mr Trump at a press conference, which saw the US president called the reporter a “rude, terrible person”. 

CNN sued the White House over its move, citing both America’s first amendment right protecting freedom of the press and the fifth amendment, which addresses the right to due process.

The judge found that taking the pass from Mr Acosta, the broadcaster’s chief White House correspondent, did amount to “irreparable harm” despite the White House saying other CNN reporters could attend briefings. 

Judge Kelly said his ruling was based on “due process” – the fifth amendment – rather than about freedom of the press. "I want to be very clear that I have not determined that the First Amendment was violated,” he said. 

Speaking outside the court room, Mr Acosta said: “I want to thank all of my colleagues in the press who supported us this week and I want to thank the judge for the decision he made today.  Let’s go back to work."

A CNN spokesman said: "Today’s decision reaffirms that no one, not even the president, is above the law."

CNN’s legal challenge had been supported by other US broadcasters, including Fox News, one of the president’s favourite cable news channels, and leading newspapers. 

Mr Trump has frequently lashed out at CNN’s coverage of his presidency, calling the broadcaster “fake news” and claiming it has an agenda against him. 

In particular, Mr Trump has clashed with Mr Acosta. The pair got into a particularly heated exchange in a press conference the day after the midterm elections earlier this month. 

Mr Trump ordered Mr Acosta to put down the microphone after being repeatedly challenged over his immigration claims made before the vote. Mr Acosta's White House pass was revoked shortly afterwards. 

Sarah Sanders, the White House press secretary, later tweeted footage of the moment when an intern attempted to take the mic from Mr Acosta. The video zoomed in and repeated a moment when their arms appeared to come into contact.  

A video expert told The Telegraph that the footage appeared to have been manipulated