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KAREM v. TRUMP

No. 19-5255.

960 F.3d 656 (2020)

Brian J. KAREM, Appellee v. Donald J. TRUMP, in his individual capacity and official capacity as President of the United States and Stephanie A. Grisham, in her individual capacity and official capacity as White House Press Secretary, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 2020.

Attorney(s) appearing for the Case

James M. Burnham , Attorney, U.S. Department of Justice, argued the cause for appellants. On the briefs were Ethan P. Davis and Hashim M. Mooppan , Deputy Assistant Attorneys General, and Scott McIntosh , Washington, DC, Daniel Tenny , Joshua M. Salzman , and Ashley Cheung , Attorneys.

Theodore J. Boutrous Jr. , Los Angeles, CA, argued the cause for appellee. With him on the brief were Anne Champion , Lee R. Crain , New York, NY, and Thomas H. Dupree Jr. , Washington, DC.

Bruce D. Brown , Katie Townsend , and Gabriel Rottman were on the brief for amici curiae Reporters Committee for Freedom of the Press, et al. in support of appellee seeking affirmance.

George A. Lehner , Washington, DC, was on the brief for amicus curiae The White House Correspondents' Association in support of appellee seeking affirmance.

Before: Srinivasan, Chief Judge, and Tatel and Pillard, Circuit Judges.

For over fifty years, the White House Press Secretary has provided journalists on the White House beat with "hard passes"—special press credentials that allow on-demand access to the White House complex. Until last year, the Press Secretary had never revoked or even briefly suspended a hard pass based on a journalist...

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