On November 16, District Court Judge Timothy Kelly temporarily restored CNN correspondent Jim Acosta’s security pass, saying that Acosta’s Fifth Amendment due process rights had been violated when the White House revoked his security pass. A November 19 article on Politico, “White House says it still plans to revoke access for CNN’s Acosta,” explains that the White House plans to create a formal set of rules for journalists. In addition, officials still plan to revoke his press pass based upon his prior behavior but will provide him with a chance to appeal.
Dean Lyrissa Lidsky was asked if the retroactive application of due process would succeed. “Procedural due process requires that you not make up rules on the fly,” she said. “You’ve got to know what the rules are in advance.”