Speaker 1: 0:00

This is arrested with Mike Brooks and Atlanta criminal defense attorney Damn conaway, you're listening to arrested with Mike Brooks and criminal defense attorney Dan kind of way that we've been talking about the lawsuit that was brought against president trump and some of his top White House AIDS by CNN and Jim Acosta because Jim Acosta had his press credentials. They call it the hard pass pulled by the secret service when he went to return to the White House to do a live shot for his evening to hit on CNN news on CNN, and I'm now. There is a lawsuit underway and on Wednesday, the White House, a search that it can pick and choose which journalists are giving a permanent pass to cover it. According to the court filing by the Justice Department last Wednesday. Now, to refresh the recollection of our listeners, I want to play the exchange between Jim Acosta and president trump that started this whole mess.

Speaker 2: 1:15

Thank you, Mr. President, I challenge you on one of the statements that you made in the tail end of the campaign, uh, in, in the terms that we go that well, if you don't mind ms dot president coming that this caravan was an invasion as you noticed. I consider it to be as known as president. The caravan was not an invasion. It's a, it's a group of migrants moving up from Central America towards the border with the US. Thank you for Dan. Why? Why did you, why did you characterize it as such a, as I consider an invasion, you and I have a difference of a button. Do you think that you demonized immigrants that his election? I don't want them. I want them to come into the country, but they have to come in legally. They have to come in, Jim through a process. I want it to be a process and I want people to come in and we need the people, your campaign, your campaign. You know, why we need the people because we have hundreds of companies moving in. We need the people. But your campaign had an ad showing migrants climbing over walls and sell it for, but they weren't active or not going to be doing well. No, it's true. Do you think they were actors or they weren't actors? They didn't come from Hollywood. These were. These were people. This was an actual. You know, it happened a few days ago and there are hundreds of miles away though. They're hundreds and hundreds of miles away. That's not an invasion. Honestly, I think you should let me run the country. You run CNN and if you did it well, your ratings. Let me ask if I may ask the question as president, if I may ask, what are you worried? That's enough. That's said as president. I asked one of the other folks that said enough. Pardon me ma'am. Ms Dot resonate. That's enough. There's precedent, right? One of the notions of I may ask on on the Russia investigation, are you concerned that that you may have not concerned about anything with an investigation because a hoax or that's enough. Put down the mic. This president, are you worried about indictments coming down in this investigate, Mr. President, I'll tell you what, CNN should be ashamed of itself having you work in for them. You are a rude, terrible person. You shouldn't be working for CNN.

Speaker 1: 3:19

So that's the exchange and that it was later that evening when Jim Acosta came back to the White House to do his evening hit with one of the evening shows on CNN that he found out that his hard pass his press credentials for the White House and the grounds had been pulled. So, so there you have it. And then you know, there had been some other confrontations over the last God, two years, if you will, between Jim Acosta. Yes, Sarah Huckabee, sanders and the president. So now we know that the president is, that feels that the, um, that it can assert and they can pick and choose which journalists are given a permanent pass to cover the White House according to the court filing by the Justice Department last Wednesday.

Speaker 3: 4:07

Well, it's interesting because when you look at what the, in the lawsuit itself, I'm looking at the lawsuit now filed by CNN and Acosta. They're asking for one of two things. Either one, uh, and again, this is based upon the first rights distribution press that they immediately get the pass back, the second one being that they received notice of the factual basis for denial with an opportunity to rebut a, with a minimum prerequisite, pristine, ensuring that the denial was in fact in furtherance of the legitimate interest in protecting the president, blah, blah blah. Okay. That is based upon, that's the language from the Supreme Court case. And then essentially what they're doing in the lawsuit is they're asking for the due process, right?

Speaker 1: 4:56

That's right. And we talked about that on the video first show.

Speaker 3: 5:00

So either one get back the press pass or two, they want a written explanation, if you will, for why a, a cost is press pass was revoked, then b, or after that, uh, cost has right to rebut and say, well that's not right. And then see if they finally revoked the press pass, it has to be done in writing with a final written decision. Alright? So the bottom line here is that that's the due process contained in the Supreme Court case. That's why a to might win here. Really, he might, uh, the question is can they just revoked the pass without providing written explanation and opportunity to rebut and then provide a final written decision so far that hasn't happened. If you follow the Supreme Court case, they're supposed to do it.

Speaker 1: 5:56

Interesting. So,

Speaker 3: 5:58

so I guess the Fifth Amendment that had, that plays in on the due process or that's it. Fifth Amendment provides for due process rights. First Amendment is freedom of the press. That's my, I think or Consta arguably as a case here. I don't see. We're seeing emphasis. Yeah. I don't see where CNN fits in because they can just put another reporter in there too as they've already done and see. I think, I think the trump administration's best argument is he's not allowing other people to speak. He's actually restricting freedom of the press by trying to control.

Speaker 1: 6:37

You're[inaudible] arrested with your host? Mike Brooks and criminal defense attorney Dan conaway. Yeah. Okay. Dan. So he says it as saying it's a violation of the first and fifth amendment. You say that you don't think CNN has get, but the the other people who are the other defendants, if you will, that are, that are being sued by CNN at Acosta. I'm John Kelly, who is the White House chief of staff. Sarah Huckabee, sanders, the press secretary, deputy and, and bill shine. Who is the deputy chief of staff for communications, the secret service director and the officer. How do they all play in to this suit and. Wow. And were they somewhere in this whole due process?

Speaker 3: 7:22

Well, it's kind of easy. You've heard of a shotgun, right? Yeah. Okay. So you've heard of a fishing net, right? Yeah. Okay. It's the both those things. What are they, what are they used for these, for hitting everything in sight, right. For sweeping and everything they can. So that's what this is about. This is about a, they don't want to get bounced out of court for not suing the right party. And so this is a typical plaintiff's approach in hitting everybody that I possibly think of that could possibly be part of this situation and they're just gonna hurl it at everybody and let the court figure it out.

Speaker 1: 7:57

So into, into due process of, of this particular suit.

Speaker 3: 8:01

And Mike, let me just make it real simple. This is the due process by the Supreme Court. Now this was for somebody applying for press pass. Jim Acosta had a press pass and it was revoked, not the same as applying for a press pass. True. Right? So the 1977 case, uh, this Cheryl us court of appeals versus Cheryl, right?

Speaker 1: 8:27

Versus Knight, who's the director of the secret service, right? Right.

Speaker 3: 8:29

At the time, uh, he was applying for a press pass. So it's not quite the same situation, but the idea is one, if you, let's say you're applying for a press pass, sure. You get in writing, widing get one. You then have a right to rebut and say, well I should get one. This is why. And then there's a final written decision issued by the Secret Service, right? Either saying we've changed our mind, here's your press pass or two. No, sorry, can't have it. Here's our final decision in writing. Okay, so the question is, does that relate to cost his case? Where the revoked it? I don't know.

Speaker 1: 9:12

Yeah. Now how long, how long will this, what will this process cake, what will everyone be deposed a will there be any other court hearings? Could this, could this be dragged out for a long time?

Speaker 3: 9:25

It could be, but what they're asking for is some sort of injunctive relief so that he gets his press pack, his press pass back immediately, and then the lawsuit can move forward.

Speaker 1: 9:37

So let's say they say no, then where does it go from there then the lawsuit continues and what's the next step would you say?

Speaker 3: 9:46

Well, the next step is likely step. There's discovery. Yeah. And then ultimately there's going to be a decision in a motion for summary Judgment.

Speaker 1: 9:53

Uh, and that's where parties get kicked out, right? So most likely to wind up being Sarah Huckabee Sanders, you know, after maybe if there was a deposition and they'll find out exactly who was the one that ordered the press pass, you know, was it president trump telling Sarah Huckabee sanders who told the secret service? And that's how it happened because that's usually at the White House, I'd say having been there and in and around the White House for many, many years, that's what usually happened. Well,

Speaker 3: 10:24

and that makes perfect sense because in this situation, again, it's the president's press conference, so therefore he has the right to control it.

Speaker 1: 10:33

Gotcha. Well we will see what happens in this particular case, and I'm sure we'll be talking about it again here on arrested. On the new talk, one of six slash seven coming up. Police are investigating the protests, mob Antifa, whatever you want to call them. That showed up at Tucker Carlson's home. And there is a number of charges that could be involved in this case. You're listening to arrested with Mike Brooks and criminal defense 30 Dang conaway.