Today, Judge Timothy Kelly of the U.S. District Court in Washington D.C. is to issue his ruling as to whether to temporarily reinstate Jim Acosta’s White House press credentials. Kelly listened to the arguments from the various parties on Wednesday. Acosta asserted, in part, that the Trump administration’s decision to strip him of his press credentials was based solely on objections to the substance of his questions, in violation of his First Amendment rights. The administration pointed to Acosta’s rude behavior/conduct as the reason for its decision. That same day, Fox News announced that the network would back CNN in its lawsuit demanding the restoration of Acosta’s pass. According to Jay Wallace, Fox News president and executive editor:

“Secret Service passes for working White House journalists should never be weaponized. While we don’t condone the growing antagonistic tone by both the President and the press at recent media avails, we do support a free press, access and open exchanges for the American people.”

No matter how Kelly rules, Fox should have stayed out of this battle, as the decision to support CNN in this matter shows a lack of loyalty to the network’s most loyal viewers.

Rather than injecting themselves into this matter, Fox could have supported Acosta’s position from the sidelines. After all, Fox had no axe to grind in this battle, which has little to do with the right of the press and more to do with how to conduct yourself like a professional. President Trump has never weaponized White House press passes based on the substance of a reporter’s questions. To the contrary, he has always welcomed tough questions so long as the reporter conducted himself with the proper decorum and respect. According to an article in The Hill, Judge Kelly recognized this distinction:

But Kelly, a Trump appointee, appeared unconvinced that the administration had revoked Acosta's hard pass solely because it didn’t like the questions he was asking of the president during a press conference last week.

Kelly said the record suggests Acosta’s press pass was revoked because of his behavior, noting that Trump called him "rude" after he refused to yield the microphone to another reporter during a contentious exchange with the president.

The fact that Fox has chosen to publicly support CNN and Acosta will likely not sit well with the network’s fan-base. Putting the legalities of CNN’s case aside, Fox’s decision was seen by many as a betrayal of the president to protect “one of their own.” As a result of this decision, some followers took to Twitter to voice their disapproval and their decision to turn to other conservative channels for the news.         

In light of Fox’s decision to support CNN and Acosta, the judge’s decision might not help the network “patch up” relations with some of its viewers. If the judge rules in favor of CNN, some will view Fox as the network that “turned” on its viewers. If the judge rules in Trump’s favor, Fox could face a credibility problem, as some will undoubtedly question where the network’s loyalties stand.    

Fox would have been better off mimicking its behavior earlier this year. According to an op-ed in The Hill, “[m]ore than 300 newspapers published editorials on the dangers of President Trump and his administration’s verbal assault on the press.” Many of these media outlets took exception to the fact that the president referred to them as “fake news” and “the enemy of the people,” and accused the president of engaging in a propaganda war against legitimate news sites. While there is little doubt that Fox disagreed with this label, the network stayed relatively quiet.

Fox should have watched the CNN/Acosta matter from the sidelines. In failing to do so, the network appeared disloyal to the president and to its viewers. As one person said on Twitter, “The time has come to find a new voice for Republicans. FOX news has lost its focus. If I want to hear CNN, I know where to find them, and the rest of the left-wing liberal biased media. Say it ain’t so, FOX.” 

Mr. Hakim’s articles have been published in the Washington Examiner, The Daily Caller, The Federalist, The Western Journal, American Thinker and other online publications.  

Twitter: @Elad3599