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Ryan Goodman @rgoodlaw.bsky.social · 23/09/2026

3/ Under Fifth Amendment due process, standards applied can't be arbitrary. Want an example of arbitrary? White House: "Politico highlighted a 'source' claiming the operations in Iran had exhausted US stockpiles of long-range missiles." The 'source' highlighted: Bari Weiss's CBS News! ⤵️

POLITICO: "U.S. military operations against Iran have exhausted the bulk of the Pentagon’s global stockpile of long-range missiles, CBS News reported earlier this month, citing administration sources."

1:34 PM · Sep 23, 2026

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Ryan Goodman @rgoodlaw.bsky.social · 23/09/2026

4/ All this is also immaterial at one level, as Judge Kelly explained, in CNN v Trump 2018 (the @jimacosta.bsky.social case), notice, factual basis, and opportunity to respond must be given PRE-deprivation not afterwards. Sept 18: Trump ban Sept 22: Letter to media outlets Judge Kelly:

"I think it's unavoidable to conclude that it -- to conclude anything
other than it stands for the Fifth Amendment's due process clause protects a reporter's First Amendment liberty interest in a
White House press pass. Whether that's a holding I agree with or not is another thing, but that is not relevant. The case has not
been abrogated and, as a district judge, I must apply the precedent of this circuit as I see it.
So let me quote from Sherrill. Quote, In our view, the procedural requirements of notice and the factual basis for denial and
opportunity for the applicant to respond to these and a final written statement of the reasons for denial are compelled by the
foregoing determination that the interest of a bona fide Washington correspondent in obtaining a White House press pass is
protected by the First Amendment."

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Von Ehr @mvonehr.bsky.social · 23/09/2026

↪ Replying to @rgoodlaw.bsky.social

Thank you.

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tsliftsup.bsky.social @tsliftsup.bsky.social · 23/09/2026

↪ Replying to @rgoodlaw.bsky.social

By blaming “leakers” the WH effectively admits Politico’s claims are true. Which is the National security issue: the truth about munition levels or leakers?

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Rusni_pizda @rusni-pizda.bsky.social · 23/09/2026

↪ Replying to @rgoodlaw.bsky.social

Labeling a routine stockpile report a security threat just means the White House disliked the story, not that it endangered anyone. Retaliation dressed as national security is still retaliation.

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