Florida Senate Race Heads to a Manual Recount; Judge Asks White House to Reinstate Jim Acosta's Hard Pass
SCIUTTO: Well, we've seen recount 2.0. Now it is hand recount 2.0. A look now at Broward County, Florida, this is where they're doing it. Officials here and in counties across the state have until noon Sunday to recount by hand some of the ballots cast in the state's Senate race. Right now Republican Rick Scott leads incumbent Bill Nelson, the Democrat, by just 12,000 votes.</s>HARLOW: Let's go to Jessica Dean, our colleague in West Palm, Florida. So what's the latest?</s>JESSICA DEAN, CNN CORRESPONDENT: Well, good morning to you guys. We are here in West Palm Beach, Florida. They have not started the hand recount here. That's scheduled at 11:00 a.m. We have seen volunteers trickling in. All across Florida, in every county. Volunteers are going through and evaluating overvotes and undervotes. An overvote is where the machine read more than one vote in a particular race. And undervote is where the machine didn't read any vote in a particular race. So they need human eyes to take a look at this and discern what was the voter intent.</s>HARLOW: OK.</s>DEAN: So we're going to be taking a lot at. We'll keep an eye on it, guys.</s>SCIUTTO: Jessica, thanks. We've got to break in here because we do have breaking news now. Just in to CNN, a federal judge has sided with CNN saying the White House was wrong to revoke our colleague Jim Acosta's press pass. Federal Judge Timothy Kelly ordering the White House to reinstate his press pass. This --</s>HARLOW: Immediately.</s>SCIUTTO: Initial victory to reinstate because they had sought immediate relief, emergency relief to this. So a victory in this case. You can say broader, more than for CNN, for press freedom.</s>HARLOW: Right. Again, this is about all press access to the White House. Whether the administration or any administration likes questions asked or the tone they're asked in or not, this is about the First Amendment and the Fifth Amendment. Our experts are with us, chief media correspondent Brian Stelter and our chief legal analyst Jeffrey Toobin. Jeffrey, to you on the law, this seems to be from what we're seeing initially even more of a Fifth Amendment due process win here.</s>JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST: Right, and it doesn't necessarily mean Jim Acosta and CNN's ordeal is over. But there should be no ambiguity, CNN and Jim Acosta won in court today. But what the judge said was if you are going to take away a hard pass, there has to be some sort of explanation. Some sort of process, some sort of standards for doing that if you're going to -- if you're going to threaten First Amendment rights in this way.</s>SCIUTTO: Right.</s>TOOBIN: So basically what the judge has done has thrown this issue back to the White House and said, OK. There may be a justification for you to take away Jim Acosta's press pass, but you have to create and establish and follow some rules to do that. And let him understand what he's accused of violating and let him defend himself. But in the meantime, he gets his press pass back, and the status quo returns.</s>SCIUTTO: So wait, until this point, to revoke a hard pass as it's called, you would need to be a threat to the president. Is that right? Based on a Secret Service judgment.</s>HARLOW: That's right.</s>SCIUTTO: Is the judge inviting the White House to create new rules here?</s>TOOBIN: Well, I think the judge is inviting -- not inviting, he's requiring the White House both to clarify what the rules are that justify taking away a hard pass, as these passes are known. Plus, giving the hard pass owner, Jim Acosta or the next person in charge, some opportunity to say that's not fair. It's not right. Create some sort of process for --</s>SCIUTTO: Right.</s>TOOBIN: Rather than just taking it away willy-nilly.</s>HARLOW: And Brian, the argument that CNN's attorneys made here is that this was capricious and arbitrary, doing this against Jim Acosta and against CNN. And this is the judge agreeing with that in part.</s>BRIAN STELTER, CNN SENIOR MEDIA CORRESPONDENT: Yes. And at times this judge, a Trump appointee, seemed to emphasize --