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MSNOW: Federal Prosecutor Commends ABC for Defending ‘The View,’ Says ‘It Does No Good To Bend the Knee’

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Former federal prosecutor Joyce Vance found ABC’s stance against the FCC a strong push back against the Trump administration.

The network filed a Petition for Declaratory Ruling to the FCC on Friday following the commission’s announcement that it will be investigating “The View” for violating the organization’s “equal time” rule, a federal regulation that requires radio and TV stations to give equal time to political candidates on both sides of the aisle.

Vance told MSNOW’s Ari Melber that the petition, filed former solicitor general Paul Clement solidifies that the network is serious about fighting the government on this investigation.

“One of the lessons of Trump’s second term in office is that it does no good to prematurely bend the knee when your First Amendment rights are on the line,” Vance said.

“Bringing in a former solicitor general always signifies to the courts and to the government that you’re very serious about a case,” Vance added. “I think it’s a way of saying to the FCC we all know what you’re doing here is wrong. Don’t mess with us. We intend to come out with guns blazing.”

Melber said that it is interesting to see the network’s approach this time around after temporarily suspending Jimmy Kimmel’s talk show for similar accusations last fall.

More recently though, the network stood behind the comedian and late night host after he explained a political joke that the president took personal offense to about Melania Trump being a “expectant widow.”

“When you’re talking about the First Amendment, there are fine line distinctions that are drawn between different types of speech,” she said. “Joking, making fun of our politicians, even in a very abrasive fashion, that’s a hard core part of the American consensus about speech that the First Amendment protects.”

She noted that Kimmel’s reputation as a comedian who roasts politicians and the manner with which he framed the joke will protect him if the investigation were ever taken to trial.

Back in February, the FCC announced it was investigating “The View” after the daytime talk show aired an episode that featured James Talarico, a Democratic candidate for the Senate in Texas. Talarico’s opponent for nomination, the Democratic U.S. Representative Jasmine Crockett, also appeared on the show.

“The FCC has an enforcement action underway on that,” Chairman Brendan Carr said at the time when asked about whether the commission was looking into potential violations of the “equal time” rule. “And we’re taking a look at it.”

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CNN, MS NOW And Politico Warn That Trump Will Revive “A Complete Ban”

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CNN, MS NOW and Politico are warning that the Trump administration will reimpose a “complete ban” on their access to the White House without a judge issuing a preliminary injunction.

Last week, U.S. District Judge Timothy Kelly granted a temporary restraining order, forcing the White House to restore access to the White House to the outlets as he more fully considers the legal arguments. The TRO lasts for 14 days.

In a filing in federal court on Monday, attorneys for the three news outlets argued that the Trump White House actions since then “leave little doubt that it will immediately reinstitute a complete ban of CNN, MS NOW, and Politico if allowed the opportunity.”

The outlets’ legal team, led by Theodore Boutrous Jr., pointed to the White House’s restriction on CNN from access to State Dinner arrivals on Thursday evening. The network then was barred from serving as TV pooler on Air Force One on Trump’s trip to Tennessee on Saturday, with no replacement stepping in, and leaving a dearth of TV images from the trip.

“Because the ban is an unlawful assault on the most fundamental First Amendment freedoms and will inflict irreparable harm on Plaintiffs and the public if not restrained, this Court should preliminarily enjoin its enforcement pending the resolution of this case,” the news outlets’ attorneys wrote.

Kelly cited a lack of due process by the White House when it pulled dozens of credentials of reporters from the three outlets. While the Trump DOJ has cited standards of “professionalism and decorum” and national security concerns, the media outlets’ legal team called that reasoning that “pretextual” and “post hoc,” as well as vague.

In the latest brief, CNN, MS NOW and Politico also again cited violations of the First Amendment. They noted that Trump has explained the ban by blaming their coverage as “Purposely … negative,” among other things.

“His statements also make clear he implemented the ban to coerce more favorable coverage from CNN, MS NOW, and Politico, and to deter other journalists and news organizations from newsgathering and reporting that the President might view as negative,” the news outlets’ legal team wrote. “And his administration has continued to retaliate against Plaintiffs even after the temporary restraining order, only underscoring that Defendants’ motive is to punish and chill journalism they dislike.”

The outlets are asking the judge to prohibit the Trump team from pulling hard pass credentials, or to ensure the reporters of the White House access they had before Sept. 18. In contrast to a TRO, a preliminary injunction would sideline Trump’s ban until a trial is held, or if an appeals court rules otherwise.

Trump initially banned the three outlets on Sept. 18. When the judge granted a TRO last early Thursday, it meant that the White House had to restore hard passes, with reporters not gaining reentry until around noon that day.

The issue of whether the White House can also restrict CNN from the pool is a slightly different, but related issue. It’s also one at the center of another case, involving the Associated Press after it was banned from the pool and other White House events. That case is currently on appeal.

That said, in the latest brief, the three outlets cited the White House’s continued prohibitions on CNN as an example of White House retaliation over protected speech.

For much of last week, there was no TV network pool, meaning that there was little video coverage of Chinese President Xi Jinping’s visit to the White House. The four other networks in the pool — CBS News, ABC News, Fox News and NBC News — initially suspended their participation in protest of the exclusion of CNN. The networks resumed the TV pool coverage this week, but it will be put to the test again on Thursday, when CNN is assigned to that duty.

“Every day, critically important news is breaking at the White House, and the ban will substantially interfere with Plaintiffs’ ability to cover it,” the outlets brief stated. “The ban also inflicts an injury on all news media organizations—which now risk a similar fate if they engage in fact-based, independent reporting the President deems insufficiently favorable.”

The DOJ’s brief in response is due by Friday.

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New York Times Executive Fatally Shot by In-Laws, Police Say

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New York Times Executive Fatally Shot by In-Laws, Police Say







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Dennis Haskins, ‘Saved by the Bell’ Star, Dies at 75

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Dennis Haskins, ‘Saved by the Bell’ Star, Dies at 75 – TheWrap







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