The White House pushes back after the judge orders the restoration of Playboy journalist's powers

The White House said Tuesday that she was not in agreement with a federal judge in Washington who had enjoined the authorities to reinstate the powers of Playboy journalist, Brian Karem, who had been dismissed to following his altercation with Trump's former assistant, Sebastian Gorka.

The decision of US District Judge Rudolph Contreras, appointed by Barack Obama, marked the second time that a federal judge ordered the Trump administration to reinstate a journalist's pass. The first instance took place in November 2018 when a judge ordered that CNN reporter Jim Acosta's credentials be reinstated a few days after their dismissal. The so-called rigid pass allows journalists to have easy access to the White House grounds without having to ask for press accreditation separately each time they seek entry.

"The First Amendment demands" that individual journalists not be arbitrarily excluded from sources of information, "Contreras wrote, citing federal case law. "His interest in the first amendment depends on his ability to freely conduct" journalistically productive conversations with White House officials. "Yet without his go-anywhere, he does not have access to these conversations, even as an indiscreet spy."

In making a temporary restraining order and an injunction against the White House, Contreras J. stated that the White House's guidelines for appropriate behavior were insufficient and vague. Contreras' decision, although it has not yet resulted in a final decision on the merits of the case, made it clear that he believed Karem would finally win.

ACOSTA DE CNN WINS PRESS DOLLS AFTER THE UNION

"The events at the White House seem to vary greatly in character," the judge wrote, adding that "without any contextual guidance," professionalism ", taken in isolation, remains too vague to give just notice …" Karem provided evidence that press events in the White House are often free and this aggressive behavior has been tolerated for a long time without punishment. "

The judge stated that "in awarding compensation to Karem, the Court only considers that the White House has probably not provided the required guidance in this case – nothing more." And, as it has been previously noted, the Court does not achieve Karem's independent claim to freedom of expression. "

Nevertheless, the judge concluded, "Karem has demonstrated that even the temporary suspension of his pass is irreparably damaging to his First Amendment rights."

Gorka and Karem took part in an outrageous match that was filmed on July 11th. Karem described participants in a meeting of conservative social media personalities in the White House as a "group of people hungry for demonic possession."

Gorka shouted at Karem after a back and forth, "You're threatening me now at the White House, Rose Garden, you're threatening me at the Rose Garden, you're a punk, you're not a journalist, you are a punk. "

Karem then told Gorka to "find a job". At one point, Karem suggested that they take their conversation "outside".

The crowd sang songs of "Gorka! Gorka!" Karem replied that Gorka should "go home".

"There is no doubt that Karem's remark that Gorka and he could" go out and have a long conversation "was an allusion to a physical altercation, but the videos clearly show that it was a problem. irreverent and caustic joke and not a real threat., wrote the judge Tuesday.

Following Tuesday's decision, White House spokeswoman Stephanie Grisham said the White House should be able to deter any unprofessional behavior on the grounds of the Executive Mansion.

"We do not agree with the district court's decision to issue an injunction that essentially gives freedom to members of the press to engage in unprofessional and disruptive behavior at the White House," said Grisham . Karem's conduct, including the threat to turn a verbal confrontation into a physical confrontation to the point where a Secret Service agent intervened, clearly violated well-understood standards of professional behavior. The press officer must have the ability to deter such unacceptable conduct. "

White House Correspondent (WHCA) President Jonathan Karl, White House chief correspondent for ABC News, said: "The WHCA is pleased that the US District Court of Columbia has acted to uphold human rights. One of our members in matters of due process WHCA will continue to defend the rights of our members and to oppose government actions that may have a deterrent effect on First Amendment-protected journalism. we have reiterated, we believe that everyone should behave professionally in the White House. "

Immediately after the episode, Grisham had sentenced Karem to "insult the guests", threatening a physical altercation and not leaving when a member of the White House had asked him to do so during the day. 39; event.

But the White House has suspended Karem's pass only several weeks after the episode, after warning him and giving him an opportunity to object. During this period, Karem was allowed to go to the White House grounds – providing evidence, said the judge, that the White House could afford to wait to enforce its sanction against Karem until the end of the proceedings.

Karem, meanwhile, was celebrating, tweeting, "Freedom of expression and due process won!"

The White House lost references to Acosta after a controversial exchange with President Trump in which the White House claimed that Mr. Acosta had put his hands on a trainee while trying to hold his microphone.

CNN filed a lawsuit and nine days later a judge ordered that his powers be reinstated.

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As a result of this episode, the White House has introduced new rules of conduct for White House clients demanding a "professionalism", but Judge Contreras ruled that they were not clear.

"Although" professionalism "has a well-known common meaning, it is inherently subjective and context-dependent," the judge wrote.

Kelliane Jones, Brie Stimson and Meghan Welsh of Fox News contributed to this article.