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Either way, it's just the first round. By filing a temporary prohibition order, CNN is asking what is called "emergency relief". CNN claims that Acosta's First Amendment rights are violated every day he is banned from White House land.
CNN is also asking for a "permanent remedy," which means a statement by the judge that Trump's revocation of Acosta's press card was unconstitutional. This legal conclusion could protect other journalists from reprisals from the administration.
But the judge will not pronounce on this point yet. Kelly should only intervene on the temporary status of the Acosta press pass.
Other hearings are expected to take place in the coming weeks, according to CNN lawyers.
Kelly, appointed by Trump, sits on the Federal Council a little over a year ago. He was very curious at Wednesday's hearing, asking hard questions to both sides, deepening some of CNN's arguments.
A lawyer for the Department of Justice, James Burnham, argued that Trump White House had the right to dismiss a journalist at any time for any reason.
Burnham, who was charged with defending President Trump and several CNN White House assistants and Jim Acosta's trial, was responding to Kelly's assumption. Burnham said it would be perfectly legal for the White House to revoke a reporter's press card if it does not approve their reports. "Right … yes," he said.
Burnham's comment in court very clearly explained the issues of CNN v. Trump.
Lawyer Theodore Boutrous, CNN's representative in court, called Trump's decision to revoke the criminal record of "Acosta's definition of arbitrariness and capriciousness".
"What are the standards?" Boutrous asked. "Coarseness is not a standard.If that was the case, no one could have gone to the press conference."
Boutrous also said that Trump is "the most aggressive, I say rude, nobody in the room" at press conferences.
Burnham said CNN had made a "strange first amendment" claim and suggested that Acosta could do his job "just as effectively" by watching the president's appearances in a CNN studio. In response, Boutrous said the Justice Ministry had "a fundamental misconception of journalism".
CNN's David Shortell contributed to the stories.
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