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Case Name Cable News Network v. Trump PR-DC-0011
Docket / Court 1:18-cv-02610 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Presidential Authority
Special Collection Take Care
Case Summary
On November 13, 2018, Cable News Network, Inc. (“CNN”) and CNN’s chief White House correspondent, Abilio James “Jim” Acosta, filed this suit in the U.S. District Court for the District of Columbia. The case was assigned to District Judge Timothy J. Kelly.

Represented by ... read more >
On November 13, 2018, Cable News Network, Inc. (“CNN”) and CNN’s chief White House correspondent, Abilio James “Jim” Acosta, filed this suit in the U.S. District Court for the District of Columbia. The case was assigned to District Judge Timothy J. Kelly.

Represented by private counsel, the plaintiffs sued President Donald J. Trump, Chief of Staff John F. Kelly, Deputy Chief of Staff William Shine, Press Secretary to the President Sarah Huckabee Sanders, the United States Secret Service, Director of the Secret Service Randolph Alles, and Secret Service member John Doe, under the Administrative Procedure Act (APA) and the Declaratory Judgments Act. The plaintiffs argued that defendants violated the Constitution and APA when they revoked Acosta’s White House press credentials. 2018 WL 5920424.

Specifically, they alleged that the defendants’ decision to revoke Acosta’s press credentials violated the First Amendment and the Due Process Clause of the Fifth Amendment. By revoking Acosta’s White House press credentials solely based on CNN and Acosta’s viewpoint, the content of their speech, their protected First Amendment activity, and by affording Acosta no process to contest this decision, the defendants infringed Plaintiffs’ First and Fifth Amendment rights, the plaintiffs argued.

The plaintiffs sought injunctive and declaratory relief. CNN and Acosta requested that the Court compel defendants to immediately restore Acosta’s press credentials, or immediately restore Acosta’s press credentials pending a formal written explanation as to why the pass was being revoked and an opportunity for plaintiffs to respond to the allegations. Plaintiffs also sought attorneys’ fees, and a declaration from the Court stating that the revocation of Acosta’s press credentials was unconstitutional and in violation of the APA.

On November 13, 2018, plaintiffs also filed a Motion for a Preliminary Injunction, requesting that the Court require defendants to restore Acosta’s White House press credentials. On November 16, in an oral order, the Court granted plaintiffs’ motion, and required defendants to immediately restore Acosta’s press credentials.

Plaintiffs voluntarily dismissed the case on November 19 after Press Secretary Sanders and Deputy Chief of Staff Shine returned Acosta'a White House press credentials to him.

The case is now closed.

Michael Beech - 02/16/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Plaintiff Type
Private Plaintiff
Public (for-profit) corporation
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Chief of Staff to the President of the United States
Deputy Chief of Staff to the President of the United States
Press Secretary to the President of the United States
The President of the United States
United States Secret Service
Plaintiff Description CNN and CNN's Chief White House Correspondent, Jim Acosta.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Voluntary Dismissal
Filing Year 2018
Case Closing Year 2018
Case Ongoing No
Docket(s)
1:18-cv-02610 (D.D.C.)
PR-DC-0011-9000.pdf | Detail
Date: 12/04/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1] (2018 WL 5920424)
PR-DC-0011-0001.pdf | WESTLAW | Detail
Date: 11/13/2018
Source: PACER [Public Access to Court Electronic Records]
Notice of Voluntary Dismissal [ECF# 28]
PR-DC-0011-0002.pdf | Detail
Date: 11/19/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Kelly, Timothy James (D.D.C.) show/hide docs
PR-DC-0011-9000
Plaintiff's Lawyers Boutrous, Theodore J. Jr. (California) show/hide docs
PR-DC-0011-0001 | PR-DC-0011-0002 | PR-DC-0011-9000
Champion, Anne Marie (New York) show/hide docs
PR-DC-0011-0001 | PR-DC-0011-0002 | PR-DC-0011-9000
Lipshutz, Joshua S. (California) show/hide docs
PR-DC-0011-0001 | PR-DC-0011-0002 | PR-DC-0011-9000
Olson, Theodore B. (District of Columbia) show/hide docs
PR-DC-0011-0001 | PR-DC-0011-0002 | PR-DC-0011-9000
Defendant's Lawyers Baer, Michael Hendry (District of Columbia) show/hide docs
PR-DC-0011-9000
Borson, Joseph Evan (District of Columbia) show/hide docs
PR-DC-0011-9000
Burnham, James M (District of Columbia) show/hide docs
PR-DC-0011-9000
Other Lawyers Backer, Jonathan L. (District of Columbia) show/hide docs
PR-DC-0011-9000
Fein, Bruce (District of Columbia) show/hide docs
PR-DC-0011-9000
Geltzer, Joshua A. (District of Columbia) show/hide docs
PR-DC-0011-9000
Lehner, George Alexander (District of Columbia) show/hide docs
PR-DC-0011-9000

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