by Julio Gonzalez, M.D., J.D.

Judge Timothy Kelly, a Trump appointee, verbally ordered the President of the United States to reinstate CCN Reporter Jim Acosta’s hard pass to access the White House on Friday. The judge, who sits in the United States District Court for the District of Columbia, has not actually posted his ruling yet, forcing us, at least temporarily, to rely on press reports for details.

Predictably, CNN has called the ruling a huge victory for the First Amendment. However, according to numerous press reports, Judge Kelly took issue, not with any alleged affronts upon the First Amendment, but rather, the process used to revoke Acosta’s hard pass. According to one news outlet, the judge said that Sarah Huckabee Sander’s “belated efforts at [answering Acosta’s concerns] were hardly sufficient to satisfy due process.” Additionally, according to Breitbart, the judge found that in creating press conferences, the President created a public forum to which limited due process rights attach.

I disagree.

Contrary to Judge Kelly’s view, the White House press conference is an internal working of the executive branch done solely for a public relations and communications purpose and at the pleasure of the President of the United States. As such, and as reported previously by The Federalist Pageswhen the Court interferes with how the President conducts his press conferences, it is essentially intruding into the rightful powers of the President of the United States, as Chief Executive, in conducting the internal dealings of the executive branch.

Seen from this angle, which is the dominant issue in this matter, it becomes clear that the President must zealously pursue this case for the sake of the preservation of the autonomy of the executive branch.

Let’s be clear. There is no finality to Friday’s ruling.

The judge’s order was the implementation of a temporary restraining order against the President until such time that the case actually goes to trial. Strategically, the President now has a couple of opportunities available to him.

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First, he can let the case play it out at the District Court, and if the judge should rule against him at the trial, he can appeal. Alternatively, the President may appeal the temporary injunction as a matter of law, right now. Either way, it is imperative that the President take the case to the next level. If he does so, it is likely that a higher court would not accept the invitation for the judiciary to intrude into the inner workings of another branch of government.

If argued as a matter of separation of powers and the comity between the branches of government, it is likely the district court’s position will not be upheld. If it does, I am equally confident the Supreme Court will take this case because of the constitutional implications it carries to the inner workings of government, and will reverse it.

Make no mistake, although this case is being painted with a brush held by Acosta and the media, it actually represents yet another small but significant intrusion onto the proper balance of powers; an intrusion with which the Framers would be in total disagreement.

Dr. Julio Gonzalez is an orthopaedic surgeon and lawyer living in Venice, Florida. He is the author of The Federalist Pages and cohost of Right Talk America With Julio and Rod. Dr. Gonzalez is presently serving in the Florida House of Representatives. He can be reached through www.thefederalistpages.com to arrange a lecture or book signing.


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Trump Must Appeal Acosta Ruling Based On Separation Of Powers
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3 thoughts on “Trump Must Appeal Acosta Ruling Based On Separation Of Powers

  • November 17, 2018 at 5:28 pm
    Permalink

    Acosta is a total jackass that should not be allowed anywhere near the WH.

    Reply
  • November 17, 2018 at 6:54 pm
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    Absolutely correct. Acosta has no more right to a WH press pass than I do.

    Reply
  • November 17, 2018 at 7:47 pm
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    I don’t understand why the President doesn’t tell most of these activist judges to pound sand. One of them said about his immigration ban that he had the authority, but the judge didn’t like the “way” he did it. Most agreed that bambi’s executive order on DACA was unconstitutional, but, the President couldn’t reverse it with an EO. I just don’t know why the President plays their games!

    Reply

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