November 8, 2018

Jim Acosta is "a rude, terrible person" who, when he reports "fake news" is "an enemy of the people"...

... said Trump at yesterday's news conference, where Jim Acosta, right in front of Trump was very rude and hit a woman:



I watched the press conference yesterday, but not from that angle, where the hitting of the woman is on camera. I got that video from "How CNN’s Jim Acosta became the reporter Trump loves to hate" (WaPo), where the headline suggests something I found myself thinking, that Trump and Acosta are both in control and choosing to do this theater of mutual hate.

And yet the White House has withdrawn Acosta's press credentials.

What do you think of the physical move? It made me think of the time Trump's campaign manager Corey Lewandowski was charged with battery for grabbing Michelle Fields (a reporter):



At the time, WaPo ran an article, "Corey Lewandowski lied about Michelle Fields. That should matter to Donald Trump. It won’t."

Quoted at that link, Donald Trump: "Wow, Corey Lewandowski, my campaign manager and a very decent man, was just charged with assaulting a reporter. Look at tapes-nothing there!"

Either both instances of battery matter or neither does. Pick one.

360 comments:

1 – 200 of 360   Newer›   Newest»
Heartless Aztec said...
This comment has been removed by the author.
Heartless Aztec said...

Neither matter. Both were inconsequential. However he is rude. I'm surprised he's not from Queens, NY - asshole capital of the United States. Glad his Press Pass was revoked. Couldn't have happened to a better guy and a lesser reporter.

MacMacConnell said...

Both scenes are bad, so when is Acosta going to be charged with assault?

Mike Sylwester said...

I agree that neither incident involved physical assault.

Acosta should have been deprived of a press pass long ago for his rude conduct.

Lewis Wetzel said...

I think we would see the greatest, most entertaining press conference in the world would be if Trump was to grow a Hitler mustache.

mezzrow said...

Squirrel!

Freder Frederson said...

Umm, the aide assaulted Acosta and tried to take his mike. If anyone is going to be charged with assault (which btw I think is ridiculous), it should be her.

I thought you guys were all for self defense.

Mike Sylwester said...

An example of Acosta's rude conduct is his refusal to relinquish the microphone to the woman who controls the microphone.

Jake said...

Acosta is such a feminist. A while back at a press conference he kept asking questions and then said something along the lines of, “maybe you can call on one of my female colleagues to ask a question.” Well, Jim, why don’t you sit down and let them ask a question, you self-important twit.

Drago said...

These are the same lefty/LLR's who shouted down a reporter who dared to question obama rudely.

And then drove that reporter out of the White House. And then reported on that reporter negatively.

Drago said...

Freder decides now would be a good time for his standard "Bundy Trial Lies Gambit".

"A bold move Cotten...."

Freder Frederson said...

Acosta should have been deprived of a press pass long ago for his rude conduct.

When you are continually lied to or stonewalled, what are you supposed to do? Just give up and not ask any meaningful questions.

The lies by the administration have just gotten to such a ridiculous level perhaps the press should not even bother to cover this president any more.

Browndog said...

Anyone that says Acosta touched the women is a liar; any video that shows Acosta touching the woman is doctored.

-CNN, and every NPC that follows them on Twitter.

mockturtle said...

The difference is that, for equally benign behavior, Lewandowski was crucified and Acosta will be defended.

Meade said...

People at Trump’s rallies raise their arm; reporters at White House press conferences raise their arm. Either both instances of nazi salutes matter or neither does. Pick one.

AllenS said...

"His mike" (mic), Freder? Do you think that Acosta showed up with his own mic?

Drago said...

The party of Bill Clinton & Keith Ellison stands behind Acosta!

That staffer had it coming!

chuck said...

> I agree that neither incident involved physical assault.

Agree. OTOH, as wrestling spectacle at the White House, it works well, and Trump knows how to pick his villains. Even Acosta's allies despise him.

Henry said...

Notice, in the video, how many reporters have their hands up. They know that Acosta's turn is done before the intern even reaches Acosta.

Shouting Thomas said...

The defending the honor of poor women thing is exhausted and stupid.

Acosta is staging confrontations for the purpose of self-promotion.

Trump did the right things, both at the press conference and after.

rehajm said...

Either both instances of battery matter or neither does. Pick one.

That’s so naive.

Drago said...

Freder: "The lies by the administration have just gotten to such a ridiculous level perhaps the press should not even bother to cover this president any more."

If you like your lies about Trumps supposed lies, you can keep your lies. No one will take them away. Period.

Rob said...

The NYT says it’s false that Acosta put his hands on her, and technically they’re right. It was only one hand. The Times never disappoints.

The Crack Emcee said...

I can't stand Acosta, but - if that's hitting a woman - boy, have things changed:

We are - literally - in the Theatre of the Absurd.

Joe Biden, America's Putin said...
This comment has been removed by the author.
rhhardin said...

I suppose towel snapping is forbidden today too.

Meade said...

When you’re a CNN star reporter they let you do it.

daskol said...

Need to modify the oldish saw about Schumer: the most dangerous place to be is at a press conference between Acosta and a microphone.

Bill Crawford said...

If you cut Acosta from the picture, it looks like Trump is ordering the woman to sit like someone would order a dog.

Joe Biden, America's Putin said...

Acosta didn't relinquish the microphone. In the age of MeToo and false accusations against Judge Kavananugh - fuck CNN.

Acosta raped that woman.

Sebastian said...

"That should matter to Donald Trump."

It's faux-morality bullshit.

Nothing matters to anyone.

If Dems can elect Menendez and Ellison, nothing matters to them.

The greater the polarization, the greater the confirmation bias and the discounting of bad behavior.

Acosta is the least of it, though of course progs will read the incident strictly anti-Trumply.

Nicholas said...

They are similar in that in both cases, the reporter had it coming to them.

In the campaign video, Trump's campaign manager puts himself in the way of a reporter's pursuit of Trump when it is clear the Q&A session is over. Heavy-handed but not, as the reporter claimed, the worst day of her life. In the White House press conference, there are many reporters wanting to ask questions, Acosta however wants to hog the microphone and tries to fend off the intern. You will get pushed around more on the subway in the rush hour, so it is equally absurd to demonise Acosta for that. However for his assumption that CNN is something more than a visual annoyance as one rushes through an airport terminal, or waits in a hotel lobby, Acosta deserves all he gets.

rhhardin said...

Acosta is doing the scene for CNN viewers, not for himself.

Joe Biden, America's Putin said...

Trump calls on Acosta. (why? I don't know)
Acoasta's questions turn into unprofessional argumentative harassment of President Trump. Trump wants to move on to other members of the press. Acosta doesn't let it happen. Acosta bosses the entire room around like he's some sort of neo-fascist leftwing asshole.

CNN goes into whiny asshole mode whining about freedom of the press. CNN = Clinton Crime Excusing assholes.

Henry said...

Feel pretty bad for the intern. She's reaching for the microphone based on what everyone in the room knows is the basic etiquette of the press conference. Acosta breaks with that basic etiquette. Acosta has the power advantage over her -- higher status AND the microphone. But Trump has the power advantage over Acosta -- higher status and HIS OWN microphone.

The intern shouldn't have reached around Acosta to grab his microphone; when Acosta broke with standard etiquette she was clearly flustered.

Quaestor said...

By their own rules, CNN's Acosta assaulted a female White House intern and needs to indicted for rape.

The insanity will end is when the insanity consumes the insane.

Big Mike said...

@Althouse. Lewandowski was fired. What is Acosta’s job status? Is he still employed?

AllenS said...

Watched the video of Lewandowski putting his hands on Michelle Fields, and since he was Trump's security guy, and Fields was within arms reach of Trump, I don't find his behavior to be assault at all, but security.

Get that close to Obama and see what happens.

WK said...

She should have flopped to draw more attention to the foul..... works in soccer and basketball......

themightypuck said...

Be it Corey, Jim or sex:
de minimis non curat lex.

Quaestor said...

The guy who thinks he's clever wrote: Umm, the aide assaulted Acosta and tried to take his mike. [sic]

The mic belongs to the White House.

Meade said...

Microphone grabs back.

Once written, twice... said...

Not a surprise Ann, but you again have been played by far right conspiratorial media. The video clip you shared was doctored.
https://www.independent.co.uk/news/world/americas/jim-acosta-trump-cnn-press-conference-pass-white-house-infowars-sarah-sanders-a8623441.html

The Crack Emcee said...

"A rude, terrible person" is about as close to saying "Just Horrible People" as he could get.

The Republicans probably could've kept the House if thay, too, weren't so repulsive.

Big Mike said...

Actually, both Acosta and Fields were out of line with their aggressive behavior, and both needed to be brought back into line with norms of -- wait for the word! -- civility.

Lewis Wetzel said...

The compromise would be that Acosta gets his hall pass back & all the reporters' chairs are changed for middle school desks.

bbkingfish said...

I think Trump should fire Mad Dog today.

MacMacConnell said...

I watched it live. I admit to wishing the intern had punched Acosta in the throat and retrieved the mic.

Quaestor said...

De minimis non curat lex.

Not since Paul-Michel Foucault crawled out of the primordial slime of Marxism.

mccullough said...

Trivial amount of contact between Acosta and the Monica there. She should have reached for it with both hands and come from over the top, not under then up.

That said, Acosta would have been expelled from any Ivy League school for unwanted touching.

Make them all defend it . All of them. Keep going over that clip like Zaoruder film.

Drago said...

bbkingfish: "I think Trump should fire Mad Dog today."

I see you are in agreement with the Iranian Mullahs.

Interesting.

Gahrie said...

Acosta is being suspended for a pattern of behavior, not one incident.

tim maguire said...

It's not battery. He's waving his arms and she walks into it. BUT (caps intended), he was clearly resisting giving up the microphone and behaving disrespectfully and unacceptably. He does not have a right to press credentials. (IMO, it's a First Amendment violation for there to even be press credentials, but there are so now we have to decide who gets them and how.)

Trump was right to pull Acosta's access. His seat can and should be taken by someone who appreciates the privilege of where they are.

mockturtle said...

Be it Corey, Jim or sex:
de minimis non curat lex.


Nicely penned, Puck.

Lucid-Ideas said...

Gahrie said Acosta is being suspended for a pattern of behavior, not one incident.

Agreed agreed. I don't agree he "struck" her, but he is a legendary turd. Being a turd just caught up with him.

Matt said...

What's the deal with Acosta's "questions":

Q. As you know, Mr. President, the caravan was not an invasion.
Q. Your campaign had an ad showing migrants climbing over walls ... they're not going to be doing that.
Q. They're hundreds of miles away, though.
Q. That's not an invasion.
Q. If I may ask one other question...

That Univision guy did the same thing. No question, just one big rant about how the President is mean to illegals. What's the point of going to a press conference as a reporter if you just plan to argue with the President and not ask questions?

Paul Zrimsek said...

I keep watching this clip and I keep not seeing anyone hit anyone.

Humperdink said...

Freder said: " If anyone is going to be charged with assault (which btw I think is ridiculous), it should be her."

Retrieving a mic is assault. Got it. Why you and the your fellow lefties have zero cred.

mockturtle said...

I watched it live. I admit to wishing the intern had punched Acosta in the throat and retrieved the mic.

Better yet, kneed him in the balls and watched his sorry ass crumple to the floor.

Joe Biden, America's Putin said...

I'd be a fired intern, but I would have accidentally elbowed Jim CNN in the face.

mockturtle said...

If he has balls.

traditionalguy said...

The showdown is here. The shameless dishonesty called the media narrative is being exposed as superficial nonsense reenacting Nixon's impeachment. But Trump laughs and Declassifies.

Ingachuck'stoothlessARM said...

"pick one"

oh FFS! there is always a double standard

Big Mike said...

"Mr. Acosta, I am paying for this microphone."

Joe Biden, America's Putin said...

Exactly. Those are not questions from Jimmy CNN - they are pre-baked leftwing narratives and preening memes.

jaydub said...

This is a boon for both CNN and Acosta and us. Now CNN can put Acosta back on the case of the missing Malaysian airliner and perhaps finally solve that riveting mystery. So, win, win, win.

mockturtle said...

Matt asks: What's the point of going to a press conference as a reporter if you just plan to argue with the President and not ask questions?

It's been like this under every Republican administration I can remember. The press conference is redundant now, at any rate. It's just a chance for the mediaswine to grandstand.

Browndog said...

Just waving his arms?

His pinned her arm down with the back of his hand. What are you people watching? Further, I don't recall anyone that said he hit her. He did, clearly, lay a hand on her to resist her from taking the microphone as she was instructed to do by the President of the United States.

The Godfather said...

Who the f*ck does Acosta think he is? Nobody goes to a Presidential news conference to find out what Acosta’s opinion is. The “news” is what the President says, or doesn’t say. Acosta was trying to use the President of the United States as a straight man in his own “Who’s on First” routine. Unless he apologizes and promises not to do that anymore, he should be permanently barred from press conferences.

Joe Biden, America's Putin said...

Goodwin says:

The president, clearly angry now and stepping away from the podium as if he might bolt the room, pointed at him and said forcefully, “That’s enough, that’s enough. Put down the mic.”

Finally, Acosta sat down, then stood up to argue again, interrupting another reporter. That reporter, from NBC, praised Acosta and picked up the baton by making his own accusation disguised as a question. He mentioned Trump’s attacks on Democrats and “asked” the president: Why are “you are pitting Americans against one another?”

Trump, to his credit, actually answered in a substantive way, but that didn’t satisfy because the reporter didn’t really ask a question. He too just wanted to make an accusation and argue. On camera.

Lucien said...

It would be nice if Mr. Acosta sent the young woman a handwritten note of apology and nobody made it public. Slim chance, though.

Unknown said...

Sander Vanocur he ain’t.

Leland said...

I think in both cases the contact was minor. However, Lewandowski was still accused across media of assault and eventually fired.

Acosta's grandstanding has gotten out of hand. He works for the 3rd ranked cable news program, yet thinks he has the right to unlimited time with the microphone. It was time for him to give up the mic, and the intern was just doing her job. Pulling his WH Access is fine by me. It's not suppressing free speech. It is giving others an opportunity. WH Access is a privilege and not a right.

It could always be worse for Acosta. He could be roped into an area far from the politician he wants to cover. Hillary did so quite often and nobody cared. And Obama restricted access to all press photographers (ref: NYT).

tim in vermont said...

You can see the Democrats using their nuts and sluts strategy against another White House intern in this thread.

Joe Biden, America's Putin said...

It's no longer a press conference - it's a pile of democratic operatives harassing the President with regurgitated leftwing talking points.

TrespassersW said...

"Just think of the media as Democratic operatives with bylines, and it all makes sense." -- Glenn Reynolds

Roger Sweeny said...

I found myself thinking, that Trump and Acosta are both in control and choosing to do this theater of mutual hate.

Just like Dan Rather and Richard Nixon back in the day.

Joe Biden, America's Putin said...

We do not have a functional unbiased press in the US. Which is very sad.

We have democratic operatives with agendas. The Democratic Media Industrial Complex.

Meade said...

"Corey Lewandowski was charged with battery for grabbing Michelle Fields (a reporter)"

I'm sure if Corey had just asked nicely, in a more lady-like way, the reporter would have stepped out of his way.

Danno said...

If he is reinstated, put Acosta in a sound-proof box in the press room with a speaker so he can hear the questions, answers and conversation, but only have a microphone that can be cut off at any time.

We'll call it the Dunce Box.

tim in vermont said...

I am not for unilateral disarmament so they are both assaults. I didn't make the rule, Accoster's side did.

Drago said...

Jim Acosta has the authority to control White House press conferences as it is clearly outlined in the Constitution within the newest penumbra inserted where the 2nd Amendment used to be.

Comanche Voter said...

Okay, so it's a staged theatre of mutual (or at least one sided) hate. That makes Acosta a tool of Trump--and rather a simple tool at that. Acosta needs, and deserves to be slapped up longside the head. And in your average bar out in say Nowhereville Arkansas (not that Acosta would ever go to such a place) Acosta's ears would have been boxed, and his nose broken--along with maybe a few ribs, long ago. What goes around comes around, and Acosta has had it coming--so to speak, for a long time.

Joe Biden, America's Putin said...

Mac

I watched it live. I admit to wishing the intern had punched Acosta in the throat and retrieved the mic.

You are not alone.

Joe Biden, America's Putin said...

Acosta IS CNN's leftwing super fascist.

HoodlumDoodlum said...

Make the press own Acosta. Make them excuse his terribleness and defend him as an exemplar of the profession.

Bob Boyd said...

The woman should have screamed, clutched her arm and fallen to the ground and balled up in apparent agony like a soccer player.

Dave Begley said...

CNN issued a statement to the effect that kicking Acosta out is a threat to democracy.

Totally insane.

Browndog said...

Top headline at Mediaite:

Sarah Sanders Panned for Using ‘Doctored’ Video Spread By Infowars to Justify Acosta Ban: ‘Most Dishonest Press Sec in History’

The video in question was the same NBC video everyone is seeing, only zoomed in on Acosta's hand--made by Paul Joseph Watson.

So far, according to the libs, One woman should be in jail for assault, and another woman should be fired for lying.

RMc said...

Either both instances of battery matter or neither does.

It doesn't matter when Democrats do it.

Bob Boyd said...

Lewandowski touched an arm. Acosta clearly went for the breast. That's the difference.
I don't have any trouble believing Acosta touched a girl's breast in high school so this could be a pattern. I expect other women to come forward.

Browndog said...

#Correction

So called "doctored" video is from CSPAN, not NBC.

Bob Boyd said...

The poor woman was Acosta'd.

mtrobertslaw said...

It looked to me to be a karate chop designed to temporally paralyze the intern's arm.

rcocean said...

Trump should just call on Acosta over and over again. Then watch his press "buddies" get upset.

If your remember Fields and her friends outright fucking LIED about what Happened. Fields claimed Lewendowski had brutally yanked her to the ground after she tried to answer a question and her press friend backed her up. The Tape showed him walking out of the theater, and genteelly brushing her aside, to get by. It all happened so fast, you have to replay the tape 10x just to see if there was any contact.

Bob Boyd said...

She may never play the violin again.

Lewis Wetzel said...

Bob Boyd said...

The woman should have screamed, clutched her arm and fallen to the ground and balled up in apparent agony like a soccer player.

And gotten a penalty shot! You've got to keep amping up these pressers or the people tune them out. Trump knows that.

rcocean said...

What's good for the goose is good for the gander.

If its not battery, then its semi-battery, and shows Acosta is full of hate.

Acosta is actually good for Trump, since he's stupid and obnoxious. A perfect example of the White House Press Corps.

So I'd be happy if they kept him around. OTOH, he shouldn't be hogging the microphone and getting into physical altercations with small, little girls. That kind of behavior would get you fired or at least reprimanded in every Corporation in the USA.

Bob Boyd said...

Why doesn't Trump have a taser at these press conferences is what I'd like to know. Who's advising him anyway?

sparrow said...

Q."When you are continually lied to or stonewalled, what are you supposed to do?"

A. change the channel

narayanan said...

Bill Crawford said... If you cut Acosta from the picture, it looks like Trump is ordering the woman to sit like someone would order a dog

or Chuck Schumer to Joe Manchin - sit down (SOTU)
https://www.youtube.com/watch?v=asNARZGYxB4

Joe Manchin on his own? off leash today - sic me on Trump after re-elected.
Manchin: Sessions firing puts U.S. 'on the verge' of constitutional crisis
https://www.politico.com/story/2018/11/08/manchin-constitutional-crisis-973745

The Cracker Emcee Refulgent said...


“It's no longer a press conference - it's a pile of democratic operatives harassing the President with regurgitated leftwing talking points.”

It has been since at least 1968. The difference is that Trump revels in it. When you look at the Eye, the Eye looks back at you. Something like that.

Lewis Wetzel said...

If, when the intern reached for the mic, Acosta would have decked her, knocked her on her ass, blood streaming out of her nose, and shouted in to the mic "I AM TAKING CONTROL OF THIS MICROPHONE IN THE NAME OF THE PEOPLE!" The other reporters would have given him a standing O, and then finished the job he started by kicking the intern to death.

rcocean said...

Obviously, the next step is have a big, hulking ex-Marine pass around the Microphone. Lets watch Jim fight with some 6-2 240 lbs. guy for the microphone.

Or just rid of the microphone. We only need to hear trump's answer's not the questions.

Joe Biden, America's Putin said...

The leftwing collective press are on Acoastsa's side. They are happy to own him. They all want to be him. Leftwing Super fascists.

narayanan said...

Trump should institute "Mic retrieval training" for the interns and video the training sessions.

Hagar said...

My eyes are not good enough to tell what, if anything, Lewandowski did to Michelle Fields in the scrum of reporters, and it strikes me that Acosta's action in swatting at the intern's arm, as she is following the President's direction to retrieve the mike and pass it to the next questioner, is in a quite different league.

Lewandowski and Fields could also be considered roughly equals; Acosta and a young female intern not.

Joe Biden, America's Putin said...

I'll bet it's a CONSTITUTIONAL CRISIS.

or perhaps throwing CNN-Jimmy out is OBSTRUCTION OF JUSTICE!

Joe Biden, America's Putin said...

The end of a free press is near!

Kevin said...

That Trump-supporting intern was deplorable! She needs to check herself!

/Inga

Trump is such a liar! I know for a fact he is a big fan of Peter Alexander's work.

/Chuck

Leland said...

Who's advising him anyway?

Sessions, but not for much longer.

Joe Biden, America's Putin said...

I'm sure little CNN-Jimmy(D) is fine when leftwing mobsters-fascists break into Tucker Carlson's home. Right?

I'll bet the entire leftwing hivemind corrupt Hillary lost eternally butthurt liar hack D corrupt press are fine with it.

Bob Boyd said...

I appreciate the balance in Acosta's reporting. Always just the right mix of vinegar and water.

Chris of Rights said...

I don't really have too much of a problem with his physical movements. She's trying to take the mic and he's resisting. He doesn't attack her or knock her down or anything like that.

His badgering of the President and refusal to yield to others and grandstanding are the real problems. He's a d**k. And he got called out for being one and told that if he wants to continue to be a d**k, he's going to have to go somewhere else to do it.

I have no problem with that. I would have a problem if the White House took away CNN's credentials, but they didn't. They took away Acosta's and he deserved it. He's deserved it for a long time, IMNSHO.

Known Unknown said...

If you think for a minute that this Acosta pass removal will last anything more than a hot minute, you're delusional.

You know Trump loves having him there. It's like Sgt. Slaughter needing The Iron Shiek.

steve uhr said...

Acosta rarely asks a question where we don't know how trump will respond. He wants the focus on him not the question. April is the same. They waste time that could have been spent by someone asking a question that might solicit some newsworthy information. He gives his opinion along with his question which is unprofessional And if Trump tells him to stop he should stop. Don't they understand how their weird behavior fits right into the fake biased news narrative?

I remember a while back when Acosta had a meltdown because the White House decided no cameras would be allowed at the regular briefing. He acted like that was the end of the world even though the briefings would continue.

And the time he told Trump that he should next call on a woman reporter. I'm sure his female colleague really appreciated that gesture.

But instead of revoking his credentials why not just stop calling on him. Then CNN will be faced with a difficult choice. Replace him or waste one of their seats

cacimbo said...

Neither matter. But shame on CNN - Acosta keeps making himself the story, that is not journalism.

Wince said...

They should alternate between wireless mics, with a remote shut-off as they switch between questioners.

Darrell said...

Underperforming Chinese workers made to drink urine, eat bugs
Read more at https://www.channelnewsasia.com/news/asia/underperforming-chinese-workers-made-to-drink-urine--eat-bugs-10908822

Send Acosta to head up CNN's Bejing branch.

tim in vermont said...

Accoster's filibuster in the press room is exactly what you would expect from a network that relies heavily on airport captive audiences. It like a tellscreen.

What choice does he have if the president won't say what he wants him to say?

tim in vermont said...

Make them live by their own rules.

tim in vermont said...

Accoster's clearly bigger and stronger than the White House intern so it doesn't take more than the obvious dismissal of her attempt to do her job to intimidate her into backing down. He does make contact as well. Democrats have lost the plot here, but we have seen for decades how little Democrats care for inconvenient women. Mary Jo, Monica, probably Marilyn Monroe.

tim in vermont said...

Make contact with the ref, you get tossed. It's a rule for a reason.

MB said...

Both incidents confirm a breakdown of civility, but are relatively trivial, not enough for me to reach for the fainting salts.
US politics is far from the most violent it has ever been.
Discussions about norms of behavior aside, Trump was in the right in both cases. He has the right to deny or give access to the White House and to his electoral rallies to whomever he wants to.

tim in vermont said...

“Standards have changed regarding what you can do to a girl against her will.” - Bill Clinton

Ingachuck'stoothlessARM said...

“Standards have changed regarding what you can do to a girl against her will.” - Bill Clinton

You mean every phase of the rape is considered assault now?

Wince said...
This comment has been removed by the author.
Wince said...

Althouse said...
Either both instances of battery matter or neither does. Pick one.

A prima facie case of battery, perhaps. Althouse looses sight of the affirmative defenses, including necessity. In both cases the law would seem to be on Trump's side. Defense of others in the case of Lewendowski, and rightful repossession using self help in the case of Acosta.

Acosta arguably was committing a trespass to chattels when he refuse to return the mic.

In sum, the basic elements of a claim of trespass to chattels are: 1) the lack of the plaintiff's consent to the trespass, 2) interference or intermeddling with possessory interest, and 3) the intentionality of the defendant's actions. Actual damage is not necessarily a required element of a trespass to chattels claim.

Certain specific circumstances may lend themselves to liability for the action. The Restatement (Second) of Torts § 218 states further that: One who commits a trespass to a chattel is subject to liability to the possessor of the chattel if, but only if,

(a) he dispossesses the other of the chattel, or
(b) the chattel is impaired as to its condition, quality, or value, or
(c) the possessor is deprived of the use of the chattel for a substantial time, or
(d) bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.

The trespass to chattels cause of action, frequently asserted in recent years against Internet advertisers and email spammers, is often included in complaints against spyware companies.

Rightful Repossession: A defense to trespass to land, trespass to chattel, conversion, assault, and battery. It includes the use of reasonable force to retake possession of personal property of which the owner has been wrongfully disposed, or denied possession.

Trespass Torts and Self-Help for an Electronic Age
Tulsa Law Review, Vol. 45, p. 101, 2010, NYU Law and Economics Research Paper No. 10-07

Trespass to chattels is distinct from trespass to land in that it requires proof of actual damage. Self-help is an adequate remedy for protection against “harmless” inter-meddlings with personal property, but not in the case of land...The significance of the self-help remedy in trespass to chattels sheds light on an inherent limitation of the classic Calabresi-Melamed framework of entitlements protected by legal rules. Self-help is the “missing” third remedy. Self-help is conventionally understood as either a privilege to do something that would otherwise be legally actionable in order to prevent or cure a legal wrong or else a variety of prophylactic measures that one might take to protect one’s property that do not infringe upon anyone else’s legal rights.

In this article, written for a symposium celebrating the work of Richard Epstein, I invoke self-help as a prerequisite to invoke legal process. While not uncommon in real property law, conditioning one’s entitlement to legal remedies on the exercise of self-help is exceedingly rare in tort law but is justified on different grounds. First, the victim might be the “cheapest cost avoider” of the injury, such that it is efficient to place the burden upon the victim to take self-help measures that could, in some cases, mitigate or avoid the injury altogether. Second, a “live and let live” philosophy may govern minor injuries and inconveniences; self-help serves as a “sincerity index” for establishing the weightiness of the legally protected interest. Third, and especially relevant in cyberspace, the boundaries between public and private property are contestable. Self-help can serve as a way in which someone can “mark” his property as private - or exclude it from the public commons. The Internet trespass to chattels cases provide an opportunity to explore this conception of conditional self-help.

Eric the Fruit Bat said...

I like that women are wearing dresses again.

Ken B said...

It hurts me to say this, but I am not convinced. JA lowers his left hand after she reaches for the microphone. He isn’t paying attention, and she reached across. I am not convinced of men’s rea here, just an inadvertent contact.
So, convince me I am wrong and that he should be charged criminally.

stevew said...

Revoking Acosta's press credentials is justified by the fact that he does not acting as a member of the Press. He doesn't ask questions, he asserts opinions and a point of view, usually as it relates to a matter of public and POTUS policy, and often in line with President Trump's political adversaries. That he's a complete DB and childishly refused to give up the microphone, is sorta beside the point. I do like how the White House used the Left's rules against them in this case. Civility Bullshit!

Ken B said...

To AA's both or neither, I lean towards neither, but in fairness if you say Lewandowki seems worse I won’t disagree. Alas.

AZ Bob said...

Acosta should have brought his own mic instead of borrowing the WH one.

Nice post Althouse. It always comes down to whose ox is being gored.

Bob Boyd said...

Acosta was building his brand.

roesch/voltaire said...

Manufactured outrage taken from a page of World Wide Wrestling notes on exaggeration.

Darrell said...

I am not convinced of men’s rea here. . .

What about women's rea? Huh?
Keep your fucking hands to yourself!

Ingachuck'stoothlessARM said...

"Take my Mic...please!"
"Is that a mic in your pants, or are you just happy to interview me?"
"From my cold, dead hands" --J. Acosta

Ken B said...

EDH
Nice post, thank you. That is on point. I am still not convinced this wasn’t inadvertent.

Ingachuck'stoothlessARM said...

What about women's rea? Huh?

What about Urea? eeeew

Darrell said...

Shirea is not the law here.

Original Mike said...

I watched it live. He didn’t hit her, just kind of wrestled with her to keep the mic. I felt bad for the intern; she was flustered, not knowing what to do. Jim Acosta is an ass who is not there to ask questions. Look at the transcript; he is offering his opinion to the world. Your opinion is not relevant, Jim. The White House does not owe Acosta a platform for his preening. CNN must have plenty of other reporters they can send in his place.

But to Althouse’s point, yeah. Sauce for the goose.

PM said...

"You people are...bastard people!"
- Corky St. Clair

Ken B said...

Okay, I watched it again. I was wrong. Acosta addressed her immediately after the contact, making plain his refusal to relinquish the microphone. He was obstructing her reach. She has a right to use reasonable force to get the microphone, and no one can pretend she was even close to the edge here. He does not have the right to obstruct her. He did.

Ken B said...

Original Mike
We agree. He kinda wrestled for control. That's what isn’t permitted. He used force, mild but deliberate, to obstruct her reasonable and lawful attempt to get the microphone.

Darrell said...

I want that intern put on the payroll.

BJM said...

@Ken B

Acosta pushed the intern's arm down with enough force that she lost her footing for a second as he brushed her off. I think Althouse is right, it's Kabuki, unfortunately Acosta made a bad judgement call, giving Trump leverage. Sam Donaldson and Reagan had the same antagonistic/adversarial relationship, but I don't recall Donaldson behaving as Acosta did yesterday.

Hagar make a good point:

Lewandowski and Fields could also be considered roughly equals; Acosta and a young female intern not.

Lewandowski was wrong and so was Acosta, the left made the rules, now they must live by them.

Original Mike said...

Women are either men or they aren’t. Pick one.

Ingachuck'stoothlessARM said...

Trump should be more like the Soup Nazi with these reporters

"YES I SAID IT!! NAZI !!!" (in my best Mark Levin* voice)
*he's Jewish. Really.

Darrell said...

Women are either men or they aren’t. Pick one.

Some women have dicks.
--The NYT Guide To Human Sexuality

Yancey Ward said...

Neither one is battery- not even a close call. However, Acosta should never be allowed to return to the press room either. Indeed, he should have been banned a long time ago- the man is a bully and it is completely unsurprising to find him hogging a microphone. I can't think of any White House reporters that act so consistently unprofessional the way Acosta does. If I were Acosta's boss and were a flaming anti-Trumper, I would have fired him a long time ago- that CNN not only has kept him, but promoted his brand of in-your-face television journalism at White House press briefings tells me a lot about the decline in professional standards.

Omaha1 said...

There is a certain amount of protocol when you are a reporter in the White House. Normally you get one question. When it is answered, whether or not the answer satisfies you, it's time to hand the microphone over to the next reporter. Trump was like "next?" and the intern was like "gimme that mic" and Acosta brushed her off. Not exactly an assault on his part, but a violation of behavioral standards nonetheless. You don't get to control the press conference just because your are from CNN. The intern immediately surrendered and sat down, apparently intimidated by the possibility of an actual physical confrontation over the microphone.

Ingachuck'stoothlessARM said...

“Oh, a microphon-ey.” “And a phony at the mike.”
(Moe & Curly)

Chuck said...

You have completely lost it, Althouse. You've gone full-Trump-apologist.

Are you fucking kidding? Where did Michelle Fields reach to take something from Corey Lewandowski? And your punkish, taunt that "Either both instances of battery matter or neither does," is answered rather simply. Corey Lewandowski's action was not prosecutable battery, it was determined. So Jim Acosta's is not either. Per Althouse.

But of course the Lewandowski incident was not about prosecutable battery, per se. It was about Lewandowski's lying, and Trump's dissembling. Jim Acosta and his supporters are doing nothing like what Lewandowski and Trump did. Acosta is saying very particularly, Look at the video and see for yourself, whether I did what the White House alleges which is that I "placed my hands on her."

You have authored some posts in the past that I said that I found "weird," and they would have been mostly just a kind of cultural or interpretive strangeness. The video here is so clear, and we are both lawyers, and yet we cannot even agree on the most basic facts. That is weird. You see Acosta "placing his hands on her"? Even Sarah Sanders doesn't claim that Acosta "hit" anybody!

I am a 2016 Trump voter, based on policy. And of course the federal judiciary. But if Trump does this to our basic public discourse, the country would be better off without him as president.

And of course I am taking you at your word on this one, Althouse. I am not presuming that you are jokingly trolling people with your position this time.

"Cruel neutrality" as blindness.

Tom Grey said...

The Dem rules:
Dem bad things (AG Clinton raping Juanita, committing perjury) -- they're OK.
Rep bad things are terrible, inexcusable, and the Rep should be fired, shamed, punished.

Dems will claim Trump & Reps bad about Corey, because Rep bad things ARE bad.
Dems will claim CNN Acosta hitting a woman -- it's OK. He's a Dem.
Those are the Dem rules.

Trump is the first Rep to play by those rules:
Rep Corey -- was OK, he's a Rep.
Dem Acosta was terrible with the woman, he should be fired, shamed, punished.

All who support any Dems are supporting the double standards, the end of "rule of law". The Dems changed the rules, the Dems need to change them back.
Dem elites keep wanting normal Rep voters to punish Reps who "do bad", but are unwilling themselves to punish Dems who "do bad".
Normal Reps are sick of that.

The election of Dems to the House will ensure that normal folk continue to be sick of the Dem double standards -- and will accept Trump playing to win with the Dem double standard rules.

Dem Keith Ellison was elected even tho his ex- has quite a bit of evidence of actual abuse, including dates and places and doctor visits and complaints made.

MadTownGuy said...

Put a (mild) shock collar on the microphone. Remote button for it on the podium. No internvention (sic) needed.

Joe Biden, America's Putin said...

The collective left are saying that video is fake.

LOL.

Chuck said...

Omaha1 said...
There is a certain amount of protocol when you are a reporter in the White House. Normally you get one question. When it is answered, whether or not the answer satisfies you, it's time to hand the microphone over to the next reporter. Trump was like "next?" and the intern was like "gimme that mic" and Acosta brushed her off. Not exactly an assault on his part, but a violation of behavioral standards nonetheless. You don't get to control the press conference just because your are from CNN. The intern immediately surrendered and sat down, apparently intimidated by the possibility of an actual physical confrontation over the microphone.


Right. But Acosta has not been suspended for asking too many questions or a breach of press protocol.

Acosta was suspended for "placing his hands" on the White House staffer. Which is complete, video-recorded, bullshit.

StephenFearby said...

Acosta doesn't play well with other children. His kindergarten report card grade almost certainly reflected a DSM-5 diagnosis of Narcissistic Bully.

Acosta's White House pass will be restored after he agrees to a televised no holds barred cage fight with the even bigger narcissistic bully (all proceeds going to charity) à la:

Donald Trump Take Down WWE's Vince McMahon
https://www.youtube.com/watch?v=jkghtyxZ6rc

Chuck said...

Dickin'Bimbos@Home said...
The collective left are saying that video is fake.


No; get your facts straight. I am not aware of anyone's saying that the video posted by Althouse is "fake." Jim Acosta is urging everyone to look at it.

The video that was doctored, is the InfoWars-promoted video that Sarah Sanders put out on Twitter. Different videos.

Oh, and I almost forgot:

LOL.

FullMoon said...

Doggone it, I just cannot resist:

Chuck said...

Fuck you, Full Moon. I am not going to "deny it." I say again; I propose to grab Greta exactly the way that Corey grabbed Michelle. I expect Greta to be surprised and offended, and maybe even a bit frightened. Good. That's how Michelle felt, no doubt. But Greta thinks it was frivolous in Michelle's case. Again, good for me when I do it to her.

Darrell said...

Trump acknowledged the question, but before he could answer I was jolted backwards. Someone had grabbed me tightly by the arm and yanked me down. I almost fell to the ground, but was able to maintain my balance. Nonetheless, I was shaken. Even if Trump was done taking questions, Lewandowski would be out of line... Campaign managers aren’t supposed to try to forcefully throw reporters to the ground, no matter the circumstance.
---Michelle Fields: In Her Own Words, 10 Mar 2016

Michelle Fields fucking lied. As the tape shows.
The Florida prosecutor said that you can make a good case that Lewandowski was doing his job.

FullMoon said...

"When I walk the hall, Kings and Queens step aside...b-b-b-bbad to the bone..."


Chuck said...

Michael I am not the slightest bit concerned about Michelle Fields or her victimhood status. I am interested in showing what shameless fuckheads are inside the Trump campaign.

I am also quite interested (at 6' and 190 lbs.) in performing the exact same move on Greta Van Susteren, to see how harmless she thinks it is. She could never make a credible claim for prosecution.

4/14/16, 4:41 PM

Darrell said...

And Chuck is a fucking liar and an asshole. Whatever is necessary.
Let's not forget that.

Sheridan said...

Maybe Acosta is seeking to martyr himself for the honor of the Reporting Guild. There he is, in a public venue with the President, surrounded by his fellow guild members, on camera to millions of people in America and abroad. And in the room with him and everyone else is the President's Secret Service detail all of whom are armed, exquisitely trained and ready to lay down their lives for the safety of the President. What if Jim lost total control of himself and made a sudden move (or threatening gesture like a Nazi salute) toward the President? Would the media embargo or edit that video tape? It's probably a good thing that Jim had his credentials suspended. Maybe he can quickly develop a sense of self and situational awareness.

Darrell said...

Sam Donaldson made a career out of being an asshole at Press conferences, yet he never did anything close to what Acosta did.

Anonymous said...

Sorry I looked at it a dozen times and didn't see any battery. I saw him pull the mic back from her. Where did he actually strike her? Never saw Lewandowsky batter anyone either. This is getting ridiculous.

Yancey Ward said...

I find myself in rare agreement with Steve Uhr.

If Acosta is ever allowed back into the press briefings, it will be to the shame of the Trump Administration. I do think Trump likes having him there- Trump is using Acosta for a purpose- and that is why Acosta gets called on by both Trump and Sanders. I do expect he will be allowed back in shortly, and that is a pity. I am guessing that Acosta's colleagues probably hate the guy- he does consistently hog the question sessions once he gets the mike in his hands- but they can never criticize him given who revoked the pass.

Meade said...

Once written, twice... said...
"Not a surprise Ann, but you again have been played by far right conspiratorial media. The video clip you shared was doctored."

No it wasn't "doctored," Oncey. You are a rude, terrible person, Oncey. You are a rude, terrible person. You shouldn’t be commenting here. The way you treat Ann Althouse is horrible. You shouldn’t treat people that way. When you come into the comments and report fake news, which you do a lot, Oncey, you are the enemy of the people.

President-Mom-Jeans said...

Look out Althouse, NPChuck isn't happy with what you wrote!

Meade may have to protect you once he threatens you and that intern at the white house like he did to Greta.

NPChuck in full Orange Man Bad! rage mode.

readering said...

Can't compare. Corey trying to save The Donald from assault. Jim trying to ward off assault on himself.

Anonymous said...

Sorry I looked at it a dozen times and didn't see any battery. I saw him pull the mic back from her. Where did he actually strike her? Never saw Lewandowsky batter anyone either. This is getting ridiculous.

Molly said...

(eaglebeak)

Not a "pick one" situation, because Acosta had been asked (by President of U.S., no less) to give up the mike (not his mike, the White House's mike), and was physically restraining the intern from taking it, including either hitting her (lightly) or pushing her.

It can be argued that that is a different set of facts than Lewandowski pushing Michelle Fields away from the candidate (if that's what he did--not too clear from video).

Meade said...

Chuck said...
"You have completely lost it, Althouse. You've gone full-Trump-apologist."

And that goes for you too, Chuck.

Meade said...

A rude, terrible person.

Like President-Mom-Jeans.

Darrell said...

Acosta should only be allowed back in strapped to a dolly, wearing the Hannibal Lecter containment hood and mask.

tim in vermont said...

The first contact with her arm net resistance and then he chopped harder. He was asserting the privilege of his physically superior strength. The first one may have been incidental, but the second one was a lot closer to assault. He perceived her and then he swatted at her like she was a fly.

wholelottasplainin said...

Freder Frederson said...
Umm, the aide assaulted Acosta and tried to take his mike. If anyone is going to be charged with assault (which btw I think is ridiculous), it should be her.

I thought you guys were all for self defense.
**************

What a load. HE was there under rules ultimately established by the WH. He nor any other journalist has any "right" to be there, which is why each has to receive credentials.

He did not own the mike.

Under the rules HE was supposed to surrender the mike to the aide when his turn had ended.

He refused to follow the rules, and thus brushed her arm away. I don't think that rises to an "assault", just rudeness and hostility toward the POTUS.

You and Chuck, it seems, think that for the press corps there ARE no standards of behavior.

Anything goes.

Omaha1 said...

Chuck, just because you have been granted privileges to participate in a White House press conference, does not mean you are entitled to have your questions answered in a manner that pleases you. And when, according to standard protocol, it is time to surrender the microphone, you are not entitled to resist the actions of an intern attempting to take the microphone away from you, whether or not your "resistance" rises to the level of assault. This is a moot point, since the intern immediately sat down rather than continuing the confrontation. Acosta should not have resisted the intern in any way, period.

Sheridan said...

Long ago, I served on a K-12 school board. In the public comments period citizens would come forward and get 3 to 5 minutes to lay-out their thanks and/or grievances. With issues of great import we'd only allow a minute for comment since there were dozens of people waiting to speak. We also had armed sheriffs with us and a kill switch to the microphone. Jim Acosta reminds me of those parents who tried to speak beyond their allotted time to complain about how their child was being denied the opportunity to try-out for the varsity swim club.

Quaestor said...

NPChuck wrote: I am a 2016 Trump voter...

A lie.

Ingachuck'stoothlessARM said...

Acosta should only be allowed back in strapped to a dolly

Jim, show us on the dolly where the intern touched you

tim in vermont said...

Manufactured outrage taken from a page of World Wide Wrestling notes on exaggeration.

Live by your own rules, R/V. You probably said the same thing about the proven rape allegation against Bill Clinton.

tim in vermont said...

When the left get outraged, it’s authentic, when it’s the right, it’s manufactured. I am not outraged. I am just expecting the Democrats, which included 90+ % of the media to live by the rules they have set for Republicans.

Omaha1 said...

@believeallwomen LOL

Joe Biden, America's Putin said...

Acosta is a slimy douche and a liar. He's a leftwing freak.

tim in vermont said...

The proper way to handle this is the way Obama did. Send in people physically strong enough to get the job done while the audience chants your name!

Accoster can’t be expected to respect a White House intern, they are there to be used by powerful Democrats.... Oh wait. Hillary lost, I take that back.

Joe Biden, America's Putin said...

Marco Rubio has an interesting take.

Marco Rubio: It's a 'very slippery slope' to revoke Jim Acosta's pass, but he's an 'activist, not a journalist'.
-Marco Rubio

Browndog said...

Sacto_Dave said...

Sorry I looked at it a dozen times and didn't see any battery. I saw him pull the mic back from her. Where did he actually strike her? Never saw Lewandowsky batter anyone either. This is getting ridiculous.


Left handed double-take karate chop just below her left elbow, pinning her arm.

If you can't see it, you're not looking.

tim in vermont said...

R/V doesn’t believe the evidence of a videotape, but he does believe a story contradicted by all given witnesses from 35 years ago. So one does wonder about his objectivity.

The funny thing is that R/V is in a reading club of extraordinary gentlemen, each with intimidating IQs and impressive powers of insight, yet the best he can do is spit out cryptic posts that take a predictable point of view. Wouldn’t it be a treat, everyone, if R?V would share some of that erudition and explain to us why RBC is to be believed and this intern isn’t?

Big Mike said...

I am just expecting the Democrats ... to live by the rules they have set for Republicans.

@tim, what is the color of the sky on the planet where you live?

tim in vermont said...

If the videotape is doctored, its "fake but accurate.” We learned in the movie Truth that that is the standard.

Darrell said...

Make Acosta live in Tucker Carlson's home. Tied up and gagged.

Fabi said...

The intern said it was attempted rape and she feared that Jimbo Acosther might kill her.

Inga...Allie Oop said...

He did absolutely nothing aggressive to her. He was getting the mic away from her. There will come a time that the veil of Trump cultism will be wiped away, but it may be too late. I’m optimistic that there are many who can be redeemed, some are too far gone. Some of them comment here.

Leora said...

I think there's a difference between a passing through a crowd in a hallway and a formal press conference. I think Michelle Field was shocked because she was not given the deference for being female while behaving in an agressive manner. I thought she was right to complain, but wrong to pursue an accusation of assault.

Acosta was rude to all by refusing to give up the microphone and abusive to the intern in refusing to relinquish it. I suspect he would not have done the same thing to a man in a suit.
I think suspension of his press pass for bad behavior is a reasonable response.

Sheridan said...

Inga - WTF about the "many who can be redeemed"?! Your comment touches on the flashpoint concept of "re-education". Pull your comment back, maybe?

Joe Biden, America's Putin said...

No Inga- Acosta was asked to shut the fuck up with his hostile harassment activist non-questions, and he refused. Then, when the intern tried to take the mic away - he strong-handled her from doing so.

Joe Biden, America's Putin said...

If the left cannot admit Acosta is a rude unprofessional dickhead, we cannot help you.

Marc in Eugene said...

"He did absolutely nothing aggressive to her." I don't see any assault or battery or whatever, mountains out of molehills, politics et cetera. But 'absolutely nothing aggressive' bespeaks a willful blindness that I find incomprehensible. 'Absolute' re-defined, 'nothing' re-defined, 'aggressive' re-defined. Tsk, tsk.

Darrell said...

Put Inga, Freder, and Cookie in Tucker Carlson's home, too.

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