On his radio program on Tuesday, Mark Levin dissected CNN's utterly lame lawsuit against the Trump administration over the revocation of Jim Acosta's hard pass.
Earlier in the day, Levin provided a "Brief Take on the CNN Lawsuit" on his Facebook page.
I just read CNN's lawsuit against the administration over Jim Acosta. It's a very weak case, but if they get before an Obama or Clinton district judge, who knows. CNN hired Ted Olson's firm, and he has signed onto the lawsuit. Olson was hired for a few reasons: 1. As a former Reagan official and lawyer for Bush in Bush-Gore, CNN hopes to make the PR case that this a bipartisan matter; 2. CNN hopes to make the PR case that it is upholding the Constitution against a rogue administration; and, 3. CNN has employed a top Supreme Court litigator.
Nonetheless, it is a ridiculous suit. CNN still has reporters at the White House and in the presidential press conferences; Acosta does not have a constitutional right to be physically present in the press room, anymore than the scores of media outlets that do not; Acosta can watch the press conference from outside the White House grounds as they are televised; the president cannot be compelled by any court to actually call on any particular reporter during a press conference; Acosta does not have a constitutional right to disrupt the press conference with his various antics anymore than any other reporter; and, a president is not constitutionally compelled to hold a presidential press conference. The courts should stay out of this on separation of powers grounds, among other things. No one is preventing Acosta from reporting or CNN from broadcasting.
Levin had hoped to talk to Ted Olson on his radio program, but Olson's office didn't respond to any of Levin's inquiries.
Throughout the day, my radio producer has sent emails & made phone calls to Ted Olson’s office inviting him to come on my radio show to discuss his lawsuit on behalf of CNN & Jim Acosta. None of our inquiries received a response. You’d think Ted would be more than...
— Mark R. Levin (@marklevinshow) November 13, 2018
...willing to engage me in a discussion about the suit, given his claim about freedom of the press & our association over the years. I’d love to politely challenge him in several of his factual and legal assertions. But, alas, Ted’s a no-show. Nonetheless, he’s welcome anytime.
— Mark R. Levin (@marklevinshow) November 13, 2018
Olson was talking about the lawsuit on CNN, but he's apparently unwilling to discuss the matter with Mark Levin.
He probably realizes that his argument would be destroyed.
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Watch:
Montage: The Worst Of CNN’s Jim Acosta
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