A Bogus Beef

Recall CNN‘s Jim Acosta striking a White House intern (albeit lightly) and actively preventing her from doing her job.  In consequence of that, the White House suspended Acosta’s accesses to the White House.

Now CNN is suing the White House to get Acosta’s credentials back.  They’re doing it, too, on the risible grounds that the suspension violates Acosta’s 1st and 5th Amendment rights of free speech and due process.

Sure.

Acosta is in no way restricted from speaking his piece or from asking questions, either personally or in his capacity as a member of the press, although for the time being, he can’t ask his questions at White House pressers.  With regard to that last, the freedom of…the press, here personified by CNN, is in no way restricted since the suspension applies to Acosta personally: CNN is free to appoint another of its employees to attend such gatherings and ask such questions as CNN might consider useful.

Furthermore, getting credentials for access to the White House is a privilege, not a right; due process plainly does not apply.  On the other hand, striking White House personnel—or anyone else—however firmly or lightly is neither a right nor a privilege for anyone, much less for members of the press.

In my view, Acosta should not have his suspension lifted until his boss publicly apologizes for Acosta’s misbehavior.

Yapping

It’s what porch dogs do.  The current noise-making is from Progressive-Democrats objecting to Matthew Whitaker having been appointed Acting Attorney General after Jeff Sessions’ resignation at the request of President Donald Trump.

A number of lawmakers called upon Whitaker to recuse from the Russia probe, citing his criticism of the investigation.

Some years ago, Whitaker expressed some opinions about the investigation of which these Progressive-Democrats disapprove, and so they want him to recuse himself from the Mueller investigation.  Because anyone who, at any time, has said anything of which those folks disapprove is automatically disqualified for any government job.

The yapping has reached the point where the State of Maryland has asked a Federal judge to keep Whitaker from acting in his role on the grounds that he wasn’t legitimately appointed.  Never mind that the

Vacancies Act [formally, the Federal Vacancies Reform Act] allows the president to temporarily fill a position that requires Senate confirmation with any official who’s been in the department for over 90 days.

Specifically, the relevant part of the Act says

The President can select a senior “officer or employee” of the same executive agency who is equivalent to a GS-15 or above on the federal pay scale, if that employee served in that agency for at least 90 days during the year preceding the vacancy.

Whitaker was AG Sessions’ Chief of Staff from October 2017—something more than 90 days.

Whitaker’s assignment is entirely legitimate. As for recusing, those calls, aside from the noise for noise’s sake aspect, is insulting to Whitaker’s integrity, insisting as they do that he’s not capable of exercising his responsibilities, including vis-à-vis the Mueller investigation in an objective, balanced manner.

Whitaker—and Trump—should ignore the yapping and simply proceed as though the street were merely filled with the noise of children playing.  (Not that I would ever mix metaphors.)