Posts tagged with "US District Court for the District of Columbia"

Democrats file suit impugning Whitaker appointment

November 20, 2018

Three Democratic senators filed a lawsuit on November 19 in the U.S. District Court for the District of Columbia challenging the appointment of Acting Attorney General Matt Whitaker, and in doing so, ratcheting up the court effort to declare his placement atop the Justice Department as unconstitutional, CNN reported.

Senators Richard Blumenthal of Connecticut, Sheldon Whitehouse of Rhode Island and Mazie Hirono of Hawaii filed the suit, represented by the groups Protect Democracy and the Constitutional Accountability Center.

The lawsuit is only the latest challenge to Whitaker’s appointment to replace former AG Jeff Sessions after President Donald Trump fired his attorney general the day after the election.

In a joint statement, the senators said, “On November 7, President Trump appointed Whitaker to oversee the Department of Justice–including the Special Counsel’s investigation—in violation of the Constitution’s Appointments Clause. The Senators’ complaint asks the Court to declare Whitaker’s appointment unconstitutional and to enjoin him from serving as, or carrying out the duties of, Acting Attorney General.”

Senator Blumenthal personally commented, “Installing Matthew Whitaker so flagrantly defies constitutional law that any viewer of School House Rock would recognize it. Americans prize a system of checks and balances, which President Trump’s dictatorial appointment betrays.”

He said. “President Trump is denying Senators our constitutional obligation and opportunity to do our job: scrutinizing the nomination of our nation’s top law enforcement official. The reason is simple: Whitaker would never pass the advice and consent test. In selecting a so-called “constitutional nobody” and thwarting every Senator’s constitutional duty, Trump leaves us no choice but to seek recourse through the courts.”

For his part, Senator Whitehouse noted, The stakes are too high to allow the president to install an unconfirmed lackey to lead the Department of Justice – a lackey whose stated purpose, apparently, is undermining a major investigation into the president.  Unless the courts intercede, this troubling move creates a plain road map for persistent and deliberate evasion by the executive branch of the Senate’s constitutionally mandated advice and consent.  Indeed, this appointment appears planned to accomplish that goal.”

Senator Hirono, an outspoken opponent of the administration, stated, “Donald Trump cannot subvert the Constitution to protect himself and evade accountability. We want the court to make clear that the Senate must confirm Matthew Whitaker’s appointment as Acting Attorney General—otherwise this temporary appointment violates the Constitution’s Appointments Clause. Without exception for President Trump’s allies, principal officers who report directly to the president must be subject to a hearing and confirmed by the Senate.”

Last week, the Justice Department issued a memo defending Whitaker’s appointment, concluding that it was legally justified under the Vacancies Reform Act.

The Senate Democrats’ lawsuit, however, argues that his appointment his unconstitutional under the Constitution’s Appointments Clause requiring Senate confirmation of high-level federal appointees, CNN reported.

In addition to the lawsuit filed Monday, Maryland Attorney General Brian Frosh filed suit last week asking a federal judge to replace Whitaker with Deputy Attorney General Rod Rosenstein.

Research contact: @jeremyherb

CNN sues Trump and White House aides for pulling Acosta’s press pass

November 14, 2018

CNN on November 13 filed a lawsuit against the President Donald Trump and several of his aides—including Chief of Staff John Kelly, Deputy Chief of Staff Bill Shine, Press Secretary Sarah Huckabee Sanders, Director of the U.S. Secret Service Randolph Alles, and Secret Service Agent “John Doe” in his official capacity—in the U.S. District Court for the District of Columbia, demanding that the press credentials of Chief White House Correspondent Jim Acosta be restored, the network reported.

“The suit escalates a long-running feud between President Trump and CNN and could test the limits of the president’s ability to crack down on news organizations whose coverage he does not like,” CNN said.

According to the terms of the complaint, Acosta has covered the White House since 2012 and, since 2013, has possessed press credentials—often called a “hard pass”—that allow him regular and unescorted access to White House briefings. However, on November 7, the defendants “revoked Acosta’s White House credentials because, in the president’s own words, Acosta failed ‘to treat the White House with respect’” at a briefing.

What’s more, the suit alleges “the revocation of Acosta’s credentials is only the beginning; as the president explained there ‘could be others also’ who get their credentials revoked.”

In the suit, the cable news network accuses Trump and other administration officials of violating Acosta’s First and Fifth Amendment rights of free speech and due process, respectively, and asks the court—presided over by Trump appointee Judge Timothy J. Kelly—to immediately remediate the issue by replacing the credentials.

“While the suit is specific to CNN and Acosta, this could have happened to anyone,” CNN said in a statement. “If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials.”

Indeed, said CNN Worldwide President Jeff Zucker in an internal memo to staff, “This is not a step we have taken lightly. But the White House action is unprecedented.”

The White House responded immediately, with Sanders remarking that CNN is “grandstanding” by suing. She said the administration will “vigorously defend” itself. (Read the White House’s full response here.)

Specifically, the White House initiated its action against Acosta after he refused to give up his microphone to an aide and continued to question the president. Sanders has characterized that action as improper, saying that Acosts “plac[ed] his hands on a young woman.”

However, other reporters seated nearby did not confirm the White House’s accusations. Maggie Haberman of The New York Times tweeted on November 8, “The White House press office is sharing a manipulated video that makes it appear that Acosta was menacing the intern when he was not and did not. The intern reached over Acosta to grab the microphone while he trying to ask another and Acosta tried to pull away.”

Revoking access to the White House complex amounted to disproportionate reaction to the events of last Wednesday,” White House Correspondents’ Association President Olivier Knox said in a statement on November 13. “We continue to urge the administration to reverse course and fully reinstate CNN’s correspondent. The president of the United States should not be in the business of arbitrarily picking the men and women who cover him.”

“I have always endeavored to conduct myself as a diligent but respectful reporter who asks probing but fair questions,” Acosta wrote in  a formal statement. “The revocation of my White House press credential not only destroys my ability to perform my current job, it will follow me for the rest of my career. My reputation and my future career prospects have all been significantly harmed if not completely devastated.”

 Research contact: @brianstelter