mercurynews--2020-09-26--Judge removes Trump appointee for serving unlawfully

BILLINGS , Mont .
— A federal judge ruled Friday that President Donald Trump ’ s leading steward of public lands has been serving unlawfully , blocking him from continuing in the position in the latest pushback against the administration ’ s practice of filling key positions without U.S. Senate approval .
U.S .
Interior Department Bureau of Land Management acting director William Perry Pendley served unlawfully for 424 days without being confirmed to the post by the Senate as required under the Constitution , U.S. District Judge Brian Morris determined .
The ruling came after Montana ’ s Democratic @ @ @ @ @ @ @ , saying the former oil industry attorney was illegally overseeing an agency that manages almost a quarter-billion acres of land , primarily in the U.S. West .
“ Today ’ s ruling is a win for the Constitution , the rule of law , and our public lands , ” Gov .
Steve Bullock said Friday .
Environmental groups and Democratic lawmakers from Western states also cheered the judge ’ s move after urging for months that Pendley be removed .
The ruling will be immediately appealed , according to Interior Department spokesman @ @ @ @ @ @ @ an outrageous decision that is well outside the bounds of the law , ” and he said the Obama administration had similarly filled key posts at the agency with temporary authorizations .
It was not immediately clear if the administration will try to keep Pendley atop the bureau pending the appeal .
The land bureau regulates activities ranging from mining and oil extraction to livestock grazing and recreation .
Under Trump , it has been at the forefront in the administration ’ s drive to loosen environmental restrictions for oil and gas drilling @ @ @ @ @ @ @ Pendley has been one of several senior officials in the Trump administration running federal agencies and departments despite not having gone before the Senate for the confirmation hearings that are required for top posts .
Last month , the Government Accountability Office , a bipartisan congressional watchdog , said acting Department of Homeland Security Secretary Chad Wolf and his acting deputy , Ken Cuccinelli , were improperly serving and ineligible to run the agency under the Vacancy Reform Act .
The two have been at the forefront of administration initiatives on immigration and @ @ @ @ @ @ @ the skipped deadlines for Senate hearings for administration nominees , saying that the senior officials involved were carrying out the duties of their acting position but were not actually filling that position , and thus did not require a hearing and votes before the Senate .
Pendley had been formally nominated by Trump to direct the land bureau in July , after being given temporary authorizations to the acting position several times by Interior Sec .
David Bernhardt .
But the nomination was withdrawn earlier this month after the confirmation process threatened to @ @ @ @ @ @ @ senate races in Montana , where Bullock is seeking to unseat incumbent Republican Steve Daines , and Colorado , where Republican Sen. Cory Gardner is being challenged by former Gov .
John Hickenlooper .
Pendley continued to hang on to the post despite the withdrawal , under an arrangement that Pendley himself set up months ago .
In a May 22 order , Pendley made his own position , deputy director , the bureau ’ s top post while the director ’ s office is vacant .
After establishing that succession order , @ @ @ @ @ @ @ two sweeping land resource management plans in Montana that would open 95 % of federal land in the state to oil and gas development , attorneys for Bullock contended in court filings .
Administration officials had insisted in public statements and court filings that Pendley was not in fact the acting director , but rather “ exercising the authority of the director.
” Morris rejected the administration ’ s argument saying they were “ evasive and undermine the constitutional system of checks and balances.
” “ Under the federal defendant ’ s theory @ @ @ @ @ @ @ appointment responsibility indefinitely and instead delegate authority directly or through cabinet secretaries to unconfirmed appointed officials .
Such an arrangement could last for an entire presidential administration .
In fact , the case before the Court presents that scenario , ” he wrote .
The bureau ’ s holdings are sweeping , with nearly 1 out of every 10 acres nationally under its dominion , mostly across the U.S. West .
Pendley was a longtime industry attorney and property rights advocate from Wyoming who had called for the government to sell its public @ @ @ @ @ @ @ After joining the government , he declared that his past support for selling public lands was irrelevant because his boss , Bernhardt , opposes the wholesale sale of public lands .
Trump ’ s actions to bypass the confirmation process has raised serious questions about the legitimacy of people in acting roles .
The GOP-led Senate typically is falling short of the votes needed from its ranks to confirm some of Trump ’ s choices .
But as Trump bypassed the chamber , chipping away at its advise-and-consent role , the Republican leadership @ @ @ @ @ @ @ stand .
Shortly after the GAO questioned the DHS officials , Trump formally nominated Wolf to the secretary post .
A hearing was held last week in the Senate on his nomination , but it ’ s unlikely Wolf will be confirmed before the election .
Associated Press writers Ellen Knickmeyer contributed from Oklahoma City and Lisa Mascaro from Washington .

By Matthew Brown | Associated Press
BILLINGS, Mont. — A federal judge ruled Friday that President Donald Trump’s leading steward of public lands has been serving unlawfully, blocking him from continuing in the position in the latest pushback against the administration’s practice of filling key positions without U.S. Senate approval.
U.S. Interior Department Bureau of Land Management acting director William Perry Pendley served unlawfully for 424 days without being confirmed to the post by the Senate as required under the Constitution, U.S. District Judge Brian Morris determined.
The ruling came after Montana’s Democratic governor in July sued to remove Pendley, saying the former oil industry attorney was illegally overseeing an agency that manages almost a quarter-billion acres of land, primarily in the U.S. West.
“Today’s ruling is a win for the Constitution, the rule of law, and our public lands,” Gov. Steve Bullock said Friday. Environmental groups and Democratic lawmakers from Western states also cheered the judge’s move after urging for months that Pendley be removed.
The ruling will be immediately appealed, according to Interior Department spokesman Conner Swanson. He called it “an outrageous decision that is well outside the bounds of the law,” and he said the Obama administration had similarly filled key posts at the agency with temporary authorizations.
It was not immediately clear if the administration will try to keep Pendley atop the bureau pending the appeal.
The land bureau regulates activities ranging from mining and oil extraction to livestock grazing and recreation. Under Trump, it has been at the forefront in the administration’s drive to loosen environmental restrictions for oil and gas drilling and other development on public lands.
Pendley has been one of several senior officials in the Trump administration running federal agencies and departments despite not having gone before the Senate for the confirmation hearings that are required for top posts.
Last month, the Government Accountability Office, a bipartisan congressional watchdog, said acting Department of Homeland Security Secretary Chad Wolf and his acting deputy, Ken Cuccinelli, were improperly serving and ineligible to run the agency under the Vacancy Reform Act. The two have been at the forefront of administration initiatives on immigration and law enforcement.
Trump agencies have defended the skipped deadlines for Senate hearings for administration nominees, saying that the senior officials involved were carrying out the duties of their acting position but were not actually filling that position, and thus did not require a hearing and votes before the Senate.
Pendley had been formally nominated by Trump to direct the land bureau in July, after being given temporary authorizations to the acting position several times by Interior Sec. David Bernhardt.
But the nomination was withdrawn earlier this month after the confirmation process threatened to become contentious, potentially disrupting key U.S. senate races in Montana, where Bullock is seeking to unseat incumbent Republican Steve Daines, and Colorado, where Republican Sen. Cory Gardner is being challenged by former Gov. John Hickenlooper.
Pendley continued to hang on to the post despite the withdrawal, under an arrangement that Pendley himself set up months ago. In a May 22 order, Pendley made his own position, deputy director, the bureau’s top post while the director’s office is vacant.
After establishing that succession order, Pendley’s actions included approval of two sweeping land resource management plans in Montana that would open 95% of federal land in the state to oil and gas development, attorneys for Bullock contended in court filings.
Administration officials had insisted in public statements and court filings that Pendley was not in fact the acting director, but rather “exercising the authority of the director.”
Morris rejected the administration’s argument saying they were “evasive and undermine the constitutional system of checks and balances.”
“Under the federal defendant’s theory, a president could ignore their constitutional appointment responsibility indefinitely and instead delegate authority directly or through cabinet secretaries to unconfirmed appointed officials. Such an arrangement could last for an entire presidential administration. In fact, the case before the Court presents that scenario,” he wrote.
The bureau’s holdings are sweeping, with nearly 1 out of every 10 acres nationally under its dominion, mostly across the U.S. West.
Pendley was a longtime industry attorney and property rights advocate from Wyoming who had called for the government to sell its public lands before joining the Trump administration.
After joining the government, he declared that his past support for selling public lands was irrelevant because his boss, Bernhardt, opposes the wholesale sale of public lands.
Trump’s actions to bypass the confirmation process has raised serious questions about the legitimacy of people in acting roles.
The GOP-led Senate typically is falling short of the votes needed from its ranks to confirm some of Trump’s choices. But as Trump bypassed the chamber, chipping away at its advise-and-consent role, the Republican leadership has also allowed the acting positions to stand.
Shortly after the GAO questioned the DHS officials, Trump formally nominated Wolf to the secretary post. A hearing was held last week in the Senate on his nomination, but it’s unlikely Wolf will be confirmed before the election.
Associated Press writers Ellen Knickmeyer contributed from Oklahoma City and Lisa Mascaro from Washington.


mercurynews--2020-09-26--Trooper buried amid probe of Black man’s death

By Jim Mustain and Rogelio V. Solis | Associated Press WEST MONROE , La .
— A Louisiana state trooper who died in a single-car crash just hours after he was told he would be fired for his role in the death of a Black man was buried with honors Friday at a ceremony that authorities sought to keep secret out of concerns it would attract a mass protest .
State Police officials and family members mourned Master Trooper Chris Hollingsworth under tight security at services that marked the latest turn in the long-simmering in-custody death case of Ronald Greene @ @ @ @ @ @ @ probe and increasing calls for authorities to release body-camera video .
Hollingsworth , who was white , was the only one of six troopers placed on leave earlier this month in the May 2019 death of Greene following a high-speed chase .
Police initially told Greene ’ s family he died from injuries in a crash but later acknowledged troopers “ struggled ” with him during the arrest .
Greene ’ s family has filed a federal wrongful-death suit alleging troopers “ brutalized ” him , shocked him three times with a stun @ @ @ @ @ @ @ bloodied and in cardiac arrest.
” Hollingsworth died Tuesday from injuries suffered in a single-car highway crash in Monroe that came just hours after he received a letter informing him that State Police intended to fire him over his role in Greene ’ s death .
State Police have refused to release that letter or any details of how the highway crash occurred .
And despite mounting pressure , the agency has repeatedly refused to release body-camera footage from Greene ’ s arrest , citing the ongoing state and federal investigations .
On @ @ @ @ @ @ @ trooper uniforms , packed the New Chapel Hill Baptist Church where Hollingsworth had been a member , filling its parking lots to capacity on a misty and overcast day .
The services were closed to the public despite a major police presence that included contingency plans for snipers , drones and a SWAT team to respond to any large disturbance , according to a law enforcement official familiar with the plans who spoke to The Associated Press on the condition of anonymity .
The plans underscored the growing tension in communities around the @ @ @ @ @ @ @ streets to protest racial injustice and the killing of Black people by police .
While no protests materialized at the funeral , several dozen people gathered later in the day outside the Governor ’ s Mansion in Baton Rouge to denounce “ violence or death at the hands of law enforcement officers.
” “ For too long , the State Police has tolerated behavior that is unacceptable , ” said Jamal Taylor , an organizer of the event from Lafayette , La .
Gov .
John Bel Edwards , a Democrat , was @ @ @ @ @ @ @ funeral , which included a State Police honor guard and escort for Hollingsworth , who served nearly three decades in law enforcement .
Unlike other trooper deaths , Hollingsworth ’ s was not announced internally by the agency ’ s superintendent , Col. Kevin Reeves .
“ The Hollingsworth family has elected to have a private ceremony for family and friends and asks for privacy at this time , ” said Lt. Nick Manale , a State Police spokesman .
“ Retired departmental personnel and active duty troopers who pass away in a @ @ @ @ @ @ @ based on the requests of the family.
” • Sources : Trump will pick Barrett on Saturday to replace Ginsburg • Judge rules Contra Costa assessor must be tried for misconduct next month , right before election • Paris : Two injured in knife attack near Charlie Hebdo offices An online fundraiser for the trooper ’ s family said Hollingsworth would be remembered for his “ quick , contagious smile and his dedication ” to his schoolteacher wife of 21 years and their teenage son .
Mustian reported from New York .
AP @ @ @ @ @ @ @ .

By Jim Mustain and Rogelio V. Solis | Associated Press
WEST MONROE, La. — A Louisiana state trooper who died in a single-car crash just hours after he was told he would be fired for his role in the death of a Black man was buried with honors Friday at a ceremony that authorities sought to keep secret out of concerns it would attract a mass protest.
State Police officials and family members mourned Master Trooper Chris Hollingsworth under tight security at services that marked the latest turn in the long-simmering in-custody death case of Ronald Greene, which has prompted a federal civil-rights probe and increasing calls for authorities to release body-camera video.
Hollingsworth, who was white, was the only one of six troopers placed on leave earlier this month in the May 2019 death of Greene following a high-speed chase. Police initially told Greene’s family he died from injuries in a crash but later acknowledged troopers “struggled” with him during the arrest. Greene’s family has filed a federal wrongful-death suit alleging troopers “brutalized” him, shocked him three times with a stun gun and left him “beaten, bloodied and in cardiac arrest.”
Hollingsworth died Tuesday from injuries suffered in a single-car highway crash in Monroe that came just hours after he received a letter informing him that State Police intended to fire him over his role in Greene’s death.
State Police have refused to release that letter or any details of how the highway crash occurred. And despite mounting pressure, the agency has repeatedly refused to release body-camera footage from Greene’s arrest, citing the ongoing state and federal investigations.
On Friday, mourners, many in dress-blue trooper uniforms, packed the New Chapel Hill Baptist Church where Hollingsworth had been a member, filling its parking lots to capacity on a misty and overcast day.
The services were closed to the public despite a major police presence that included contingency plans for snipers, drones and a SWAT team to respond to any large disturbance, according to a law enforcement official familiar with the plans who spoke to The Associated Press on the condition of anonymity.
The plans underscored the growing tension in communities around the country where demonstrators have taken to the streets to protest racial injustice and the killing of Black people by police.
While no protests materialized at the funeral, several dozen people gathered later in the day outside the Governor’s Mansion in Baton Rouge to denounce “violence or death at the hands of law enforcement officers.”
“For too long, the State Police has tolerated behavior that is unacceptable,” said Jamal Taylor, an organizer of the event from Lafayette, La.
Gov. John Bel Edwards, a Democrat, was not in attendance at Friday’s funeral, which included a State Police honor guard and escort for Hollingsworth, who served nearly three decades in law enforcement.
Unlike other trooper deaths, Hollingsworth’s was not announced internally by the agency’s superintendent, Col. Kevin Reeves.
“The Hollingsworth family has elected to have a private ceremony for family and friends and asks for privacy at this time,” said Lt. Nick Manale, a State Police spokesman. “Retired departmental personnel and active duty troopers who pass away in a non-line-of-duty death are afforded Honor Guard representation based on the requests of the family.”
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Giuliani: Legal quagmires have left him broke National News | Prosecutors, defense spar over fate of Hunter Biden gun deal An online fundraiser for the trooper’s family said Hollingsworth would be remembered for his “quick, contagious smile and his dedication” to his schoolteacher wife of 21 years and their teenage son.
Mustian reported from New York. AP writer Melinda Deslatte contributed from Baton Rouge.


mercurynews--2020-09-26--Coronavirus: California could see 89% increase in hospitalizations next month, health official warns

California could see an 89 % increase in COVID-19 hospitalizations by the next month if coronavirus infections continue apace , a top state health official warned Friday .
Short-term forecasts indicate that hospitalizations could skyrocket from the 2,578 patients now hospitalized to 4,864 by this time in October , said California Health and Human Services Secretary Dr. Mark Ghaly during a Friday press briefing — a signal that Californians should stay vigilant as more parts of the economy open up .
“ As we see these trend lines , which have been coming down and flattening , look like they @ @ @ @ @ @ @ to sound that bell for all of you , ” Ghaly said .
“ We want to see us respond as a state to those slight increases.
” Although Ghaly praised the state ’ s “ significant progress ” in infection and hospitalization rates since mid-July — when a peak 7,170 COVID-19 patients were hospitalized — he flagged early signs that the state ’ s progress has begun to shift .
Starting in mid-September , Ghaly said , infection rates have risen slightly across the state , while coronavirus-related emergency room visits have @ @ @ @ @ @ @ rates have allowed many counties to reopen businesses within Gov .
Gavin Newsom ’ s reopening system , the virus ’ reproduction number has surpassed 1.0 in some regions , Ghaly said .
Twenty-five of California ’ s 58 counties remain in the red or “ widespread ” tier , with another 19 , including most of the Bay Area , in the purple or “ substantial ” tier , allowing for movie theaters and restaurants to welcome customers indoors at limited capacity .
Keeping case rates low means that the virus ’ @ @ @ @ @ @ @ effect on potential hospitalizations , Ghaly said — especially with the double whammy of flu season looming .
But with more cases overall , “ you can see how quickly case rates go up and how quickly that creates additional pressure on our hospitals , ” he added .
Statewide , however , there was little change in the seven-day average of new infections and fatalities reported as of Friday .
Both figures remained lower than where they were two weeks ago and significantly below their respective peaks .
The 3,274 new cases @ @ @ @ @ @ @ departments Thursday kept each seven-day average about even — just over 3,500 cases and just below 84 deaths per day over the past week , according to data compiled by this news organization .
Ghaly ’ s hospitalization projection , meanwhile , would put the state on par with its Aug. 19 hospitalizations , when 4,890 people were hospitalized with COVID-19 — more than 2,000 people fewer than the state ’ s peak a month earlier .
“ As Californians we ’ ve done a good job to avoid those situations , and @ @ @ @ @ @ @ , ” Ghaly said .

California could see an 89% increase in COVID-19 hospitalizations by the next month if coronavirus infections continue apace, a top state health official warned Friday.
Short-term forecasts indicate that hospitalizations could skyrocket from the 2,578 patients now hospitalized to 4,864 by this time in October, said California Health and Human Services Secretary Dr. Mark Ghaly during a Friday press briefing — a signal that Californians should stay vigilant as more parts of the economy open up.
“As we see these trend lines, which have been coming down and flattening, look like they’re coming up … we want to sound that bell for all of you,” Ghaly said. “We want to see us respond as a state to those slight increases.”
Although Ghaly praised the state’s “significant progress” in infection and hospitalization rates since mid-July — when a peak 7,170 COVID-19 patients were hospitalized — he flagged early signs that the state’s progress has begun to shift. Starting in mid-September, Ghaly said, infection rates have risen slightly across the state, while coronavirus-related emergency room visits have also climbed.
Although overall lower case rates have allowed many counties to reopen businesses within Gov. Gavin Newsom’s reopening system, the virus’ reproduction number has surpassed 1.0 in some regions, Ghaly said. Twenty-five of California’s 58 counties remain in the red or “widespread” tier, with another 19, including most of the Bay Area, in the purple or “substantial” tier, allowing for movie theaters and restaurants to welcome customers indoors at limited capacity.
Keeping case rates low means that the virus’ reproductive value has less of a dramatic effect on potential hospitalizations, Ghaly said — especially with the double whammy of flu season looming. But with more cases overall, “you can see how quickly case rates go up and how quickly that creates additional pressure on our hospitals,” he added.
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Long Covid cases in US adults are on the decline, but many continue to struggle with symptoms Health | COVID Q&A: Can I use an expired test? Time to get boosted? How to cope with California’s sneaky summer surge Statewide, however, there was little change in the seven-day average of new infections and fatalities reported as of Friday. Both figures remained lower than where they were two weeks ago and significantly below their respective peaks. The 3,274 new cases and 85 deaths reported by county health departments Thursday kept each seven-day average about even — just over 3,500 cases and just below 84 deaths per day over the past week, according to data compiled by this news organization.
Ghaly’s hospitalization projection, meanwhile, would put the state on par with its Aug. 19 hospitalizations, when 4,890 people were hospitalized with COVID-19 — more than 2,000 people fewer than the state’s peak a month earlier.
“As Californians we’ve done a good job to avoid those situations, and we want to keep our guard up,” Ghaly said.
Evan Webeck contributed to this report.


mercurynews--2020-09-26--San Jose: Three suspects arrested in fatal downtown stabbing

SAN JOSE – Three suspects have been arrested in connection with a recent fatal stabbing in downtown San Jose , police announced Friday .
In a news release , San Jose police identified the suspects as 40-year-old Manuel Avila , 25-year-old Gregory Messenger and 45-year-old Cynthia Alvarez , all of San Jose .
The stabbing was reported on the 100 block of North 6th Street about 5:10 a.m. on Monday .
Officers arrived to find 39-year-old San Jose resident David Perez suffering from at least one stab wound .
He was taken to a hospital , where he died a @ @ @ @ @ @ @ death marked the city ’ s 29th homicide of the year .
Police said an “ extensive follow-up investigation ” by homicide detectives led to the identification of the suspects .
The detectives obtained warrants for the suspects and the police department ’ s Covert Response Unit arrested all three in Milpitas on Tuesday .
The suspects were booked into Santa Clara County jail on murder charges .
They are being held without bail ; Avila and Messenger at the Main Jail in San Jose and Alvarez at the Elmwood Correctional Facility in @ @ @ @ @ @ @ .
Police are boosting patrols this weekend in response to the stabbing , as well as a drive-by shooting near 8th and Reed streets on Sept. 15 that killed two men and injured four other people .
The killings were not connected and do not appear to be random , police said .
Anyone with information about the case can contact detectives at 408-277-5283 , or leave a tip with Silicon Valley Crime Stoppers at 408-947-7867 or at svcrimestoppers.org .

SAN JOSE – Four suspects have been arrested in connection with a recent fatal stabbing in downtown San Jose, police announced Friday.
In a news release, San Jose police identified three of the suspects as 40-year-old Manuel Avila, 25-year-old Gregory Messenger and 45-year-old Cynthia Alvarez, all of San Jose. On Saturday, police announced the arrest of a fourth suspect, 34-year-old San Jose resident Fernando Vargas.
The stabbing was reported in the 100 block of North 6th Street about 5:10 a.m. on Monday. Officers arrived to find 39-year-old San Jose resident David Perez suffering from at least one stab wound. He was taken to a hospital, where he died a short time later.
Perez’s death marked the city’s 29th homicide of the year.
Police said an “extensive follow-up investigation” by homicide detectives led to the identification of the suspects. The detectives obtained warrants for the suspects and the police department’s Covert Response Unit arrested all three in Milpitas on Tuesday.
The suspects were booked into Santa Clara County jail on murder charges. They are being held without bail; Avila, Messenger and Vargas at the Main Jail in San Jose and Alvarez at the Elmwood Correctional Facility in Milpitas, according to online jail records.
Police are boosting patrols this weekend in response to the stabbing, as well as an unrelated drive-by shooting near 8th and Reed streets on Sept. 15 that killed two men and injured four other people.
Anyone with information about the stabbing can contact detectives at 408-277-5283, or leave a tip with Silicon Valley Crime Stoppers at 408-947-7867 or at svcrimestoppers.org.
Staff writer David DeBolt contributed to this report.


mercurynews--2020-09-26--How ‘discarded’ ballot probe turns into outrage fuel

By Christina A. Cassidy and Mark Scolforo | Associated Press HARRISBURG , Pa. — The news release from a U.S. attorney in Pennsylvania was provocative : Nine mailed-in military ballots had been “ discarded ” by the local election office in a swing county of one of the most important presidential battleground states .
All of them were marked for President Donald Trump , it said .
Then came another news release with key details changed — the presidential choice was unknown on two of the ballots because they had been resealed — but still little explanation of what had @ @ @ @ @ @ @ act had occurred .
Despite the information vacuum , the White House press secretary told reporters “ ballots for the president ” had been “ cast aside.
” The Trump campaign ’ s rapid response arm pushed out the release from Trump ’ s own Justice Department under the headline “ Democrats are trying to steal the election ” — ignoring the fact that the local government , Luzerne County , is controlled by Republicans .
Conservative voices used the news release as rocket fuel to amplify the investigation on social media .
@ @ @ @ @ @ @ outrage over a handful of ballots is likely a taste of what ’ s to come in the month left before the presidential election , which is being held amid a global pandemic that has triggered a wave of absentee ballot requests as Trump continues to launch unsubstantiated attacks on mail voting .
It was Trump , after being briefed on the case by Attorney General William Barr , who first revealed publicly that the discarded ballots had been cast for him .
He did so in an interview earlier Thursday with Fox @ @ @ @ @ @ @ investigation to further sow doubt about mail-in voting .
The radio interview was hours before the U.S. attorney ’ s office in Pennsylvania issued its news release about the probe to reporters .
“ If past is prologue , we will see more , ” said Wendy Weiser , an elections expert and director of the democracy program at the Brennan Center for Justice .
“ We are in an unprecedented situation where a sitting president of the United States and a candidate for reelection is and has long been actively seeking to @ @ @ @ @ @ @ Weiser said it was important that officials provide detailed information about any voting issues that arise , which happen every election cycle .
For instance , officials with the U.S .
Postal Service said this week they are investigating a report that an unknown number of ballots were among other mail found in a ditch near a highway intersection in Wisconsin , another presidential battleground state .
Officials have so far released little information in that case , including whether the ballots were blank and on their way to voters or if they @ @ @ @ @ @ @ to the local election office .
Experts say the lack of information in these cases opens the door to speculation and conspiracy theories .
By Friday , more details had emerged in the Pennsylvania case .
Federal officials were considering whether a recently hired , temporary election worker may have mishandled the ballots .
Aside from the unknowns about the investigation itself , questions persist over how the Justice Department handled the matter .
The first word of a federal investigation into unspecified “ issues with a small number of mail-in ballots ” @ @ @ @ @ @ @ local district attorney in Luzerne County .
There was no mention of Trump , and there was little attention to the case beyond local news reports .
That all changed when the office of U.S. Attorney Dave Freed issued Thursday ’ s statement , an unusual step given U.S. Department of Justice guidance to refrain generally from commenting on any investigation — especially one involving an election in which voters already are casting ballots .
In addition , the mention of which presidential candidate the ballots favored raised concerns among election law experts @ @ @ @ @ @ @ races for all kinds of offices and issues , not just the race for president ) .
The U.S. attorney ’ s office in Pennsylvania notified senior officials at Justice Department headquarters earlier this week about a small number of ballots that were found to be discarded , a person familiar with the matter told The Associated Press .
Barr told Trump that the Justice Department was going to look into the matter before the department publicly confirmed the investigation , the person said .
The U.S. attorney ’ s office had received @ @ @ @ @ @ @ , the person said , and released the statement — which included specific details about the ballots — after Trump revealed the existence of the investigation in the interview with Fox News Radio .
The person could not discuss the investigation publicly and spoke to the AP on condition of anonymity .
The Justice Department is permitted to advise the White House of pending investigations or cases , but according to a memo dictating the scope of such contacts , that notification is to be made “ when — but only when — @ @ @ @ @ @ @ the President ’ s duties and appropriate from a law enforcement perspective.
” The memo acknowledges that such communication may be more regular when it comes to matters of national security , such as a terrorist attack .
“ This is clear politicization of the Justice Department ’ s work in the middle of an active general election , ” said Kristen Clarke , executive director of the Lawyers ’ Committee for Civil Rights Under Law .
“ It seemed like a thinly veiled attempt to breathe life into President Trump ’ s @ @ @ @ @ @ @ The number of public Facebook and Instagram posts mentioning the discarded ballots quickly skyrocketed , receiving nearly 900,000 interactions — likes or comments — in less than 24 hours , according to Facebook ’ s CrowdTangle , which tracks public posts .
Many of the most popular posts about the discarded ballots were made by the Trump campaign , pro-Trump accounts or conservative news outlets and used to support the doubts Trump has cast on the mail-in voting process .
Notably , the ballots involved were from military personnel , who are sent @ @ @ @ @ @ @ every election .
Freed , a Republican nominated by Trump , said in a letter sent late Thursday to the local elections office that the FBI had recovered nine military ballots from a trash bin .
Seven of them were completed ballots without the envelopes voters had mailed them in , and all were cast for Trump .
The two other ballots had already been put back into envelopes by unnamed elections workers , Freed said .
Four other empty absentee ballot envelopes also were recovered .
Freed said Pennsylvania law prohibits elections @ @ @ @ @ @ @ Day .
Investigators were told that the military mail-in envelopes and absentee request envelopes were so similar that election workers “ believed that adhering to the protocol of preserving envelopes unopened ” would result in them missing ballot applications , so they opened them .
It still wasn ’ t clear , however , how or why they ended up in the trash .
A statement by the county manager on Friday characterized it as “ an error ” discovered by a public servant and reported to law enforcement .
When asked why @ @ @ @ @ @ @ the voters supported , Freed said in an email to the AP that the ballot information was factual and it was “ vital that voters who have sent in military ballots are informed of the possibility that their ballot was opened and discarded.
” J.J. Abbott , executive director of Commonwealth Communications , a liberal advocacy group , said he was concerned that Freed provided information about the Trump ballots without much context about what had occurred .
“ I just think , given how highly charged the rhetoric , particularly from the @ @ @ @ @ @ @ , it ’ s highly concerning given the lack of detail provided , ” Abbott said .
Cassidy reported from Atlanta .
Associated Press writers Mike Balsamo and Eric Tucker in Washington ; Scott Bauer in Madison , Wis. ; Anthony Izaguirre in Lindenhurst , New York ; and Amanda Seitz in Chicago contributed to this report .

By Christina A. Cassidy and Mark Scolforo | Associated Press
HARRISBURG, Pa. — The news release from a U.S. attorney in Pennsylvania was provocative: Nine mailed-in military ballots had been “discarded” by the local election office in a swing county of one of the most important presidential battleground states.
All of them were marked for President Donald Trump, it said. Then came another news release with key details changed — the presidential choice was unknown on two of the ballots because they had been resealed — but still little explanation of what had happened and whether investigators believed a criminal act had occurred.
Despite the information vacuum, the White House press secretary told reporters “ballots for the president” had been “cast aside.” The Trump campaign’s rapid response arm pushed out the release from Trump’s own Justice Department under the headline “Democrats are trying to steal the election” — ignoring the fact that the local government, Luzerne County, is controlled by Republicans. Conservative voices used the news release as rocket fuel to amplify the investigation on social media.
Thursday’s kerfuffle and accompanying internet outrage over a handful of ballots is likely a taste of what’s to come in the month left before the presidential election, which is being held amid a global pandemic that has triggered a wave of absentee ballot requests as Trump continues to launch unsubstantiated attacks on mail voting.
It was Trump, after being briefed on the case by Attorney General William Barr, who first revealed publicly that the discarded ballots had been cast for him. He did so in an interview earlier Thursday with Fox News Radio in which he used the investigation to further sow doubt about mail-in voting. The radio interview was hours before the U.S. attorney’s office in Pennsylvania issued its news release about the probe to reporters.
“If past is prologue, we will see more,” said Wendy Weiser, an elections expert and director of the democracy program at the Brennan Center for Justice. “We are in an unprecedented situation where a sitting president of the United States and a candidate for reelection is and has long been actively seeking to undermine the election and discredit it.”
Weiser said it was important that officials provide detailed information about any voting issues that arise, which happen every election cycle. For instance, officials with the U.S. Postal Service said this week they are investigating a report that an unknown number of ballots were among other mail found in a ditch near a highway intersection in Wisconsin, another presidential battleground state.
Officials have so far released little information in that case, including whether the ballots were blank and on their way to voters or if they had been completed and were being returned to the local election office.
Experts say the lack of information in these cases opens the door to speculation and conspiracy theories.
By Friday, more details had emerged in the Pennsylvania case. Federal officials were considering whether a recently hired, temporary election worker may have mishandled the ballots. Aside from the unknowns about the investigation itself, questions persist over how the Justice Department handled the matter.
The first word of a federal investigation into unspecified “issues with a small number of mail-in ballots” came in a statement Tuesday by the local district attorney in Luzerne County. There was no mention of Trump, and there was little attention to the case beyond local news reports.
That all changed when the office of U.S. Attorney Dave Freed issued Thursday’s statement, an unusual step given U.S. Department of Justice guidance to refrain generally from commenting on any investigation — especially one involving an election in which voters already are casting ballots. In addition, the mention of which presidential candidate the ballots favored raised concerns among election law experts and voter advocacy groups (ballots include races for all kinds of offices and issues, not just the race for president).
The U.S. attorney’s office in Pennsylvania notified senior officials at Justice Department headquarters earlier this week about a small number of ballots that were found to be discarded, a person familiar with the matter told The Associated Press. Barr told Trump that the Justice Department was going to look into the matter before the department publicly confirmed the investigation, the person said.
The U.S. attorney’s office had received inquiries from local reporters about the ballots, the person said, and released the statement — which included specific details about the ballots — after Trump revealed the existence of the investigation in the interview with Fox News Radio. The person could not discuss the investigation publicly and spoke to the AP on condition of anonymity.
The Justice Department is permitted to advise the White House of pending investigations or cases, but according to a memo dictating the scope of such contacts, that notification is to be made “when — but only when — it is important for the performance of the President’s duties and appropriate from a law enforcement perspective.” The memo acknowledges that such communication may be more regular when it comes to matters of national security, such as a terrorist attack.
“This is clear politicization of the Justice Department’s work in the middle of an active general election,” said Kristen Clarke, executive director of the Lawyers’ Committee for Civil Rights Under Law. “It seemed like a thinly veiled attempt to breathe life into President Trump’s false claims about mail ballot fraud.”
The number of public Facebook and Instagram posts mentioning the discarded ballots quickly skyrocketed, receiving nearly 900,000 interactions — likes or comments — in less than 24 hours, according to Facebook’s CrowdTangle, which tracks public posts.
Many of the most popular posts about the discarded ballots were made by the Trump campaign, pro-Trump accounts or conservative news outlets and used to support the doubts Trump has cast on the mail-in voting process. Notably, the ballots involved were from military personnel, who are sent their ballots earlier than other voters in every election.
Freed, a Republican nominated by Trump, said in a letter sent late Thursday to the local elections office that the FBI had recovered nine military ballots from a trash bin. Seven of them were completed ballots without the envelopes voters had mailed them in, and all were cast for Trump. The two other ballots had already been put back into envelopes by unnamed elections workers, Freed said. Four other empty absentee ballot envelopes also were recovered.
Freed said Pennsylvania law prohibits elections offices from opening mail-in ballots before Election Day. Investigators were told that the military mail-in envelopes and absentee request envelopes were so similar that election workers “believed that adhering to the protocol of preserving envelopes unopened” would result in them missing ballot applications, so they opened them.
It still wasn’t clear, however, how or why they ended up in the trash. A statement by the county manager on Friday characterized it as “an error” discovered by a public servant and reported to law enforcement.
When asked why he disclosed information about which presidential candidate the voters supported, Freed said in an email to the AP that the ballot information was factual and it was “vital that voters who have sent in military ballots are informed of the possibility that their ballot was opened and discarded.”
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Judge Chutkan: Trump’s right to free speech ‘not absolute’ National News | A conservative case for disqualifying Donald Trump in 2024 J.J. Abbott, executive director of Commonwealth Communications, a liberal advocacy group, said he was concerned that Freed provided information about the Trump ballots without much context about what had occurred.
“I just think, given how highly charged the rhetoric, particularly from the president, has been about mail-in voting, it’s highly concerning given the lack of detail provided,” Abbott said.
Cassidy reported from Atlanta. Associated Press writers Mike Balsamo and Eric Tucker in Washington; Scott Bauer in Madison, Wis.; Anthony Izaguirre in Lindenhurst, New York; and Amanda Seitz in Chicago contributed to this report.


mercurynews--2020-09-26--Convicted of murder for helping set up robbery of winner at San Pablo casino, woman may be eligible

Convicted of murder for helping set up robbery of winner at San Pablo casino, woman may be eligible for release under new law

MARTINEZ — A woman who was convicted of murder for plotting to rob a man of his winnings at the San Pablo Lytton Casino , whose co-defendant shot the victim , may be eligible for release under a change in state law prohibiting murder charges for people who lacked murderous intent .
Brittany Bernard , 32 , may be eligible for an overturned murder conviction under SB 1437 , a 2019 law that says people can not be convicted of murder for participation in another felony where a cohort kills someone .
In Bernard ’ s case , she convinced @ @ @ @ @ @ @ in him while her boyfriend at the time committed the actual homicide , jurors found .
On Friday , Bernard ’ s attorney and a Contra Costa prosecutor argued the case in front of Judge Anita Santos , who is expected to issue a written ruling in coming days .
In order for Bernard ’ s conviction to stand , Santos will have to determine she was a major participant in the crime who showed “ reckless indifference ” to human life .
Here ’ s what both sides agree on : The @ @ @ @ @ @ @ was winning at the casino when Bernard selected him as a robbery target .
She convinced him to leave with her , but they traveled in separate cars .
Bernard communicated with Kevin Thongsay Vilayngeun , who pursued Sarmiento and eventually confronted him .
Sarmiento was shot on the 2000 block of Chanslor Avenue in Richmond , at 8:30 a.m. on May 4 , 2013 .
Bernard was not at the scene of the shooting , but was close enough to hear the shots .
To deputy district attorney Chad Mahalich , this @ @ @ @ @ @ @ Bernard ’ s murder conviction .
“ Without ( Bernard ) , this wouldn ’ t have happened , ” Mahalich said , adding that Bernard must have known Vilayngeun had a gun .
“ The only way to pull this robbery off successfully is to bring a gun.
” Mahalich pointed to the statements of a key prosecution witness , an informant who claimed Bernard confessed to her when they were incarcerated in the county jail together , and testified that Bernard said she knew Vilayngeun had killed before .
After the @ @ @ @ @ @ @ Rodeo and took steps to ensure they wouldn ’ t get caught , he said .
“ She was aware of who Mr. Vilayngeun was , ” Mahalich said .
“ She had signed up for this Bonnie and Clyde lifestyle.
” Not so , said Bernard ’ s attorney , Paul Feuerwerker , who described it as a “ run of the mill armed robbery ” where one of the participants deviated from the plan by firing at the victim .
“ This was not a situation where someone was lured to @ @ @ @ @ @ @ a residential street in Richmond , ” Feuerwerker said , noting that Bernard was in a separate car some distance away at the time of the shooting .
“ Ms .
Bernard was not in any position to stop this from happening.
” When the shooting occurred , it was a “ complete shock ” to Bernard , Feuerwerker said .
“ It would make Mr. Mahalich ’ s job a lot easier if there was some evidence Ms. Bernard said , ‘ Load the gun up and if it goes wrong blast @ @ @ @ @ @ @ evidence of that , ” he said .
Vilayngeun lost his appeal last year , and , like Bernard , remains in prison serving life .

MARTINEZ — A woman who was convicted of murder for plotting to rob a man of his winnings at the San Pablo Lytton Casino, whose co-defendant shot the victim, may be eligible for release under a change in state law prohibiting murder charges for people who lacked murderous intent.
Brittany Bernard, 32, may be eligible for an overturned murder conviction under SB 1437, a 2019 law that says people cannot be convicted of murder for participation in another felony where a cohort kills someone. In Bernard’s case, she convinced the victim that she was romantically interested in him while her boyfriend at the time committed the actual homicide, jurors found.
On Friday, Bernard’s attorney and a Contra Costa prosecutor argued the case in front of Judge Anita Santos, who is expected to issue a written ruling in coming days. In order for Bernard’s conviction to stand, Santos will have to determine she was a major participant in the crime who showed “reckless indifference” to human life.
Here’s what both sides agree on: The victim, Rodel Sarmiento, 43, was winning at the casino when Bernard selected him as a robbery target. She convinced him to leave with her, but they traveled in separate cars. Bernard communicated with Kevin Thongsay Vilayngeun, who pursued Sarmiento and eventually confronted him.
Sarmiento was shot on the 2000 block of Chanslor Avenue in Richmond, at 8:30 a.m. on May 4, 2013. Bernard was not at the scene of the shooting, but was close enough to hear the shots.
To deputy district attorney Chad Mahalich, this was “clearly” enough to keep Bernard’s murder conviction.
“Without (Bernard), this wouldn’t have happened,” Mahalich said, adding that Bernard must have known Vilayngeun had a gun. “The only way to pull this robbery off successfully is to bring a gun.”
Mahalich pointed to the statements of a key prosecution witness, an informant who claimed Bernard confessed to her when they were incarcerated in the county jail together, and testified that Bernard said she knew Vilayngeun had killed before. After the shooting, Bernard stashed her car in Rodeo and took steps to ensure they wouldn’t get caught, he said.
“She was aware of who Mr. Vilayngeun was,” Mahalich said. “She had signed up for this Bonnie and Clyde lifestyle.”
Not so, said Bernard’s attorney, Paul Feuerwerker, who described it as a “run of the mill armed robbery” where one of the participants deviated from the plan by firing at the victim.
“This was not a situation where someone was lured to an isolated area … this happened in a residential street in Richmond,” Feuerwerker said, noting that Bernard was in a separate car some distance away at the time of the shooting. “Ms. Bernard was not in any position to stop this from happening.”
When the shooting occurred, it was a “complete shock” to Bernard, Feuerwerker said.
“It would make Mr. Mahalich’s job a lot easier if there was some evidence Ms. Bernard said, ‘Load the gun up and if it goes wrong blast him,’ but there is zero evidence of that,” he said.
Vilayngeun lost his appeal last year, and, like Bernard, remains in prison serving life.


mercurynews--2020-09-26--California plans to independently vet COVID-19 vaccine data

California will conduct its own independent review of potential COVID-19 vaccines , signaling its distrust of the Trump administration ’ s accelerated “ Operation Warp Speed ” initiative .
To vet a vaccine before distribution to state residents , California Health and Human Services Secretary Dr. Mark Ghaly said Friday that the state will assemble a “ review board ” of leading scientists at academic institutions to assess the safety and effectiveness of any vaccine candidate .
“ We think it is an appropriate approach to take , especially because things are moving so quickly , ” Ghaly said .
@ @ @ @ @ @ @ despite the urge and interest in having a useful vaccine — that we do it with the utmost safety of Californians in mind.
” The announcement came at a press conference in which Ghaly also expressed concern that California ’ s coronavirus numbers are beginning to move in the wrong direction after weeks of declines .
Based on current trends , he projected an 89 % increase in COVID-19 hospitalizations over the next month .
That would still be far below hospital capacity and the worst rates in other states .
On the @ @ @ @ @ @ @ , including New York , have signaled that they ’ ll also take the unusual step that Ghaly outlined .
“ Frankly , I ’ m not going to trust the federal government ’ s opinion , and I wouldn ’ t recommend to New Yorkers , based on the federal government ’ s opinion , ” New York Gov .
Andrew M. Cuomo announced at a Thursday news briefing , according to the New York Times .
President Trump has insisted a vaccine will be ready as early as next month , @ @ @ @ @ @ @ is unlikely .
California is already building a rollout plan for distribution of the vaccine , including whom to prioritize in the process , said Ghaly .
Led by the state ’ s Department of Health and Human Services , members of a new Vaccine Task Force include other state agencies , as well as academic experts , community groups and individuals .
Conflicting information about the timing of the vaccine and whether it will be safe and adequately tested has created growing concern that people are hesitant to take it , despite @ @ @ @ @ @ @ The share of Americans who say they would get vaccinated for the coronavirus has declined sharply since earlier this year , according to a survey conducted this month by the Pew Research Center .
About half of U.S. adults ( 51 % ) now say they would definitely or probably get a vaccine to prevent COVID-19 if it were available today , down from 72 % in May .
Only about 21 % said they would definitely get a coronavirus vaccine , half as many as in May .
While it is the @ @ @ @ @ @ @ a vaccine , states have authority for actual distribution — and could , in theory , reject a vaccine they think is unsafe .
“ Each state , indeed , has that sort of responsibility , ” said Vanderbilt University ’ s Dr. William Schaffner , an internist and infectious disease specialist who formerly worked for the U.S. Public Health Service and the Centers for Disease Control and Prevention .
“ Some may be more ready to independently evaluate the data than others.
” An FDA committee — called the Vaccines and Related @ @ @ @ @ @ @ selected by the FDA commissioner — reviews the safety and effectiveness data at a public meeting .
The FDA commissioner usually follows the committee ’ s recommendation , but not always .
Typically , states follow the decision of the Advisory Committee on Immunization Practices , or ACIP , an independent committee that assesses data on FDA-approved vaccines and makes recommendations to the CDC .
But there is growing worry that the federal regulators may feel pressure from the White House to activate “ Emergency Use Authorization ” of an unlicensed vaccine , @ @ @ @ @ @ @ full “ Phase 3 ” trial , during which efficacy is tested in thousands of people .
This week , the FDA said it would enact new guidelines to toughen the process for approving a coronavirus vaccine .
President Trump said on Wednesday that the White House “ may or may not ” approve the plan , saying it “ sounds like a political move.
” According to Roll Call , seven jurisdictions have indicated they would analyze the data independently : California , Colorado , the District of Columbia , Michigan , @ @ @ @ @ @ @ .
Another two — Montana and Wyoming — said they ’ d only administer a vaccine that completed clinical trials and an outside committee ’ s review .
“ States are nervous .
We ’ re talking about this now , ” Marcus Plescia of the Association of State and Territorial Health Officials told Roll Call .
“ I think that a lot of public health officials in the states are concerned , given the rhetoric from the administration indicating they want a vaccine as quickly as possible .
But a state-by-state approach @ @ @ @ @ @ @ allows a vaccine , but another state does not — could complicate the pandemic response , which already varies greatly among states , said one expert .
• 2 charged in connection with deadly coronavirus outbreak at veterans home • Coronavirus : Cases rise in mask-resistant parts of the US • New commercial ramps up pressure on Newsom to reopen Disneyland • Coronavirus : Some of California ’ s lowest rates remain in Bay Area , but other parts of the state are catching up While trust and confidence in the federal agencies @ @ @ @ @ @ @ is not the way to get control of this virus , ” said Dr. Howard Koh , professor at the Harvard T.H .
Chan School of Public Health .
“ Whenever a vaccine approval occurs , that needs to be accepted by the country , across the country , with implementation as a country.
” As to California ’ s numbers , Ghaly said Friday that the state is seeing upticks in case rates and hospitalization rates in some counties .
They are small now but enough that the state is forecasting that @ @ @ @ @ @ @ by Oct. 25 , an increase of roughly 89 % from Wednesday , when there were 2,578 patients .

California will conduct its own independent review of potential COVID-19 vaccines, signaling its distrust of the Trump administration’s accelerated “Operation Warp Speed” initiative.
To vet a vaccine before distribution to state residents, California Health and Human Services Secretary Dr. Mark Ghaly said Friday that the state will assemble a “review board” of leading scientists at academic institutions to assess the safety and effectiveness of any vaccine candidate.
“We think it is an appropriate approach to take, especially because things are moving so quickly,” Ghaly said. “We want to make sure — despite the urge and interest in having a useful vaccine — that we do it with the utmost safety of Californians in mind.”
The announcement came at a press conference in which Ghaly also expressed concern that California’s coronavirus numbers are beginning to move in the wrong direction after weeks of declines. Based on current trends, he projected an 89% increase in COVID-19 hospitalizations over the next month. That would still be far below hospital capacity and the worst rates in other states.
On the vaccine testing issue, several other states, including New York, have signaled that they’ll also take the unusual step that Ghaly outlined.
“Frankly, I’m not going to trust the federal government’s opinion, and I wouldn’t recommend to New Yorkers, based on the federal government’s opinion,” New York Gov. Andrew M. Cuomo announced at a Thursday news briefing, according to the New York Times.
President Trump has insisted a vaccine will be ready as early as next month, an assertion that other federal authorities say is unlikely.
California is already building a rollout plan for distribution of the vaccine, including whom to prioritize in the process, said Ghaly.
Led by the state’s Department of Public Health, members of a new Vaccine Task Force include other state agencies, as well as academic experts, community groups and individuals.
Once the state confirms the safety of the vaccine, this task force will advise distribution “in an equitable and smart way, to serve all the needs of Californians,” said Ghaly. “That absolutely is our plan.”
Conflicting information about the timing of the vaccine and whether it will be safe and adequately tested has created growing concern that people are hesitant to take it, despite its importance in stopping the pandemic.
The share of Americans who say they would get vaccinated for the coronavirus has declined sharply since earlier this year, according to a survey conducted this month by the Pew Research Center. About half of U.S. adults (51%) now say they would definitely or probably get a vaccine to prevent COVID-19 if it were available today, down from 72% in May.
Only about 21% said they would definitely get a coronavirus vaccine, half as many as in May.
While it is the federal government’s role to approve a vaccine, states have authority for actual distribution — and could, in theory, reject a vaccine they think is unsafe.
“Each state, indeed, has that sort of responsibility,” said Vanderbilt University’s Dr. William Schaffner, an internist and infectious disease specialist who formerly worked for the U.S. Public Health Service and the Centers for Disease Control and Prevention, at a Sept. 24 National Press Foundation program. “Some may be more ready to independently evaluate the data than others.”
An FDA committee — called the Vaccines and Related Biological Products Advisory Committee comprising 15 authorities selected by the FDA commissioner — reviews the safety and effectiveness data at a public meeting. The FDA commissioner usually follows the committee’s recommendation, but not always.
Typically, states follow the decision of the Advisory Committee on Immunization Practices, or ACIP, an independent committee that assesses data on FDA-approved vaccines and makes recommendations to the CDC.
But there is growing worry that the federal regulators may feel pressure from the White House to activate “Emergency Use Authorization” of an unlicensed vaccine, which would not require completion of a full “Phase 3” trial, during which efficacy is tested in thousands of people.
Two other COVID-19 products — hydroxychloroquine and convalescent plasma — received emergency use authorization, and have been touted by President Trump, despite little or no evidence of effectiveness.
This week, the FDA said it would enact new guidelines to toughen the process for approving a coronavirus vaccine. But President Trump said on Wednesday that the White House “may or may not” approve the plan, saying it “sounds like a political move.”
Saying they were “alarmed by political interference in science amid the pandemic,” the presidents of the prestigious National Academy of Sciences and National Academy of Medicine issued a statement on Thursday warning that “our nation is at a critical time in the course of the COVID-19 pandemic with important decisions ahead of us, especially concerning the efficacy and safety of vaccines.”
According to the Capitol Hill-based Roll Call, seven jurisdictions have indicated they would analyze the data independently: California, Colorado, the District of Columbia, Michigan, New York, Oregon and West Virginia. Another two — Montana and Wyoming — said they’d only administer a vaccine that completed clinical trials and an outside committee’s review.
“States are nervous. We’re talking about this now,” Marcus Plescia of the Association of State and Territorial Health Officials told Roll Call. “I think that a lot of public health officials in the states are concerned, given the rhetoric from the administration indicating they want a vaccine as quickly as possible.
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While trust and confidence in the federal agencies has been shaken recently, “that is not the way to get control of this virus,” said Dr. Howard Koh, professor at the Harvard T.H. Chan School of Public Health, in a Sept. 16 media briefing. “Whenever a vaccine approval occurs, that needs to be accepted by the country, across the country, with implementation as a country.”
As to California’s numbers, Ghaly said Friday that the state is seeing upticks in case rates and hospitalization rates in some counties. They are small now but enough that the state is forecasting that 4,864 people will be hospitalized with COVID-19 by Oct. 25, an increase of roughly 89% from Wednesday, when there were 2,578 patients.


mercurynews--2020-09-25--Trump administration wants to allow new roads in Alaska forest

ANCHORAGE , Alaska – The Trump administration has proposed reopening the Tongass National Forest to road-building , setting the stage for more logging , mining and development in the heart of North America ’ s largest temperate rainforest .
The U.S. Forest Service on Thursday released a final environmental impact statement that said the state of Alaska should be exempt from a 2001 rule that bars new roads in national forests .
Notice of the rule-exemption report was published on Friday in the Federal Register , kicking off a review period of at least 30 days .
Removal of road-building @ @ @ @ @ @ @ more than 9 million acres of the 17 million-acre Tongass to logging and other development .
The Tongass , which sprawls over mountains , glaciers , coastlines and islands , is the largest U.S. national forest .
It is known for its abundant fish and wildlife and its centuries-old stands of spruce , hemlock and cedar .
The rule exemption option selected by the Forest Service “ provides maximum additional timber harvest opportunities , ” the environmental impact statement said .
The current effort to exempt Alaska from the roadless rule was prompted @ @ @ @ @ @ @ , which argued that it unfairly restricts access to areas suitable for logging and other uses .
Governor Mike Dunleavy on Friday applauded what he said is “ a reasonable accommodation for Alaska.
” “ After conducting a thorough , multi-year public process the Forest Service has once again acknowledged that this onerous rule has imposed an unfair burden on our state , ” the Republican governor said in a statement .
“ The largest intact temperate rainforest left in the world , the millions of salmon , 650 million tons of carbon @ @ @ @ @ @ @ and jobs that depend on an intact Tongass National Forest are too important to throw away for a politically-motivated industry handout , ” Tim Bristol , executive director of the nonprofit group SalmonState , said in a statement .

By Yereth Rosen | Reuters
ANCHORAGE, Alaska – The Trump administration has proposed reopening the Tongass National Forest to road-building, setting the stage for more logging, mining and development in the heart of North America’s largest temperate rainforest.
The U.S. Forest Service on Thursday released a final environmental impact statement that said the state of Alaska should be exempt from a 2001 rule that bars new roads in national forests.
Notice of the rule-exemption report was published on Friday in the Federal Register, kicking off a review period of at least 30 days.
Removal of road-building restrictions in Alaska would potentially open up more than 9 million acres of the 17 million-acre Tongass to logging and other development.
The Tongass, which sprawls over mountains, glaciers, coastlines and islands, is the largest U.S. national forest. It is known for its abundant fish and wildlife and its centuries-old stands of spruce, hemlock and cedar.
The rule exemption option selected by the Forest Service “provides maximum additional timber harvest opportunities,” the environmental impact statement said.
The current effort to exempt Alaska from the roadless rule was prompted by a 2018 petition from the state, which argued that it unfairly restricts access to areas suitable for logging and other uses.
Governor Mike Dunleavy on Friday applauded what he said is “a reasonable accommodation for Alaska.”
“After conducting a thorough, multi-year public process the Forest Service has once again acknowledged that this onerous rule has imposed an unfair burden on our state,” the Republican governor said in a statement.
Environmentalists condemned the plan.
“The largest intact temperate rainforest left in the world, the millions of salmon, 650 million tons of carbon storage, and the people, businesses and jobs that depend on an intact Tongass National Forest are too important to throw away for a politically-motivated industry handout,” Tim Bristol, executive director of the nonprofit group SalmonState, said in a statement.


mercurynews--2020-09-25--In suit against Solano County, East Bay Dragons motorcycle club allege racism was behind canceled fa

In suit against Solano County, East Bay Dragons motorcycle club allege racism was behind canceled fairgrounds event

VALLEJO — The East Bay Dragons , the first all-Black motorcycle club to exist in the Bay Area , has filed a federal lawsuit against Solano County alleging that a county employee concocted a reason to cancel a planned club event at the fairgrounds after hearing that one of its members had associations with the Black Panthers .
The suit , filed last June , claims that the Dragons planned a 60th anniversary event at the Solano County Fairgrounds in Vallejo that was to be attended by at least 3,800 people and would have featured an impressive lineup of music @ @ @ @ @ @ @ was canceled at the last minute , after the Dragons had spent thousands in fees and planning .
Now the club is suing to recoup those funds , which includes cash to pay for the planned list of featured rappers , singers , and comedian : Whodini , Too Short , Doug E Fresh , Richie Rich , Dru Down , Tony Tone Toni , and Mark Curry , according to the civil complaint .
The suit is still in its early stages .
The county has not responded in court .
The @ @ @ @ @ @ @ said he has not yet reviewed the suit with his attorney and declined to comment .
According to the lawsuit , the trouble for the planned August 2019 event started when a county employee learned that a member of the Dragons owned It ’ s All Good Bakery in Oakland , located at 5622 Martin Luther King Way , the Black Panthers ’ first headquarters .
The bakery ’ s website says its founder , Kim Clark , is proud of that fact because his family benefited from the Panthers ’ free breakfast @ @ @ @ @ @ @ suit , all of this was a problem for the employee , who allegedly remarked that the Black Panthers were “ the greatest threat to the internal security of the country , ” and started working to cancel the Dragons ’ event .
As a result of this , the suit alleges , fairgrounds staff invented the ruse that there was a credible threat to the safety of the event , “ but there was no credible threat at all.
” “ This insidious belief of EBD ’ s threat traveled all the @ @ @ @ @ @ @ of the Oakland Police Department , and at the conclusion of the 60th anniversary celebration , on September 2 , 2019 , the EBD were surrounded by Oakland Police Department officers due to racist motives as they were enjoying themselves at Level 13 in Oakland , ” the civil complaint says .
The Dragons were founded in the 1950s as a car club , but switched over to motorcycles in 1959 .
Their founder , Tobie Gene Levingston , remained president until his death last year .
In East Oakland , the biker @ @ @ @ @ @ @ Reid , who said the group ’ s clubhouse in his district on International Boulevard has produced food distribution on Thanksgivings and toy drives during Christmas .
“ The East Bay Dragons are an incredible organization , ” Reid said .
“ They really interact with the young kids out here in East Oakland and with families.
” Reid said the Dragons have held events at the Oakland Zoo and never faced complaints except about the noise of their motorcycles .
“ If you came out here and talked to folks , no @ @ @ @ @ @ @ about the East Bay Dragons , ” Reid said .
“ They ’ d only talk about the good things they do and how they are positive role models for our children .
”

VALLEJO — The East Bay Dragons, the first all-Black motorcycle club to exist in the Bay Area, has filed a federal lawsuit against Solano County alleging that a county employee concocted a reason to cancel a planned club event at the fairgrounds after hearing that one of its members had associations with the Black Panthers.
The suit, filed last June, claims that the Dragons planned a 60th anniversary event at the Solano County Fairgrounds in Vallejo that was to be attended by at least 3,800 people and would have featured an impressive lineup of music and comedy. Instead, the event was canceled at the last minute, after the Dragons had spent thousands in fees and planning.
Now the club is suing to recoup those funds, which includes cash to pay for the planned list of featured rappers, singers, and comedian: Whodini, Too Short, Doug E Fresh, Richie Rich, Dru Down, Tony Tone Toni, and Mark Curry, according to the civil complaint.
The suit is still in its early stages. The county has not responded in court. The fairgrounds’ CFO, Mike Ioakimedes, said he has not yet reviewed the suit with his attorney and declined to comment.
According to the lawsuit, the trouble for the planned August 2019 event started when a county employee learned that a member of the Dragons owned It’s All Good Bakery in Oakland, located at 5622 Martin Luther King Way, the Black Panthers’ first headquarters. The bakery’s website says its founder, Kim Cloud, is proud of that fact because his family benefited from the Panthers’ free breakfast program as kids.
According to the suit, all of this was a problem for the employee, who allegedly remarked that the Black Panthers were “the greatest threat to the internal security of the country,” and started working to cancel the Dragons’ event.
As a result of this, the suit alleges, fairgrounds staff invented the ruse that there was a credible threat to the safety of the event, “but there was no credible threat at all.”
“This insidious belief of EBD’s threat traveled all the way to Oakland and with the help of the Oakland Police Department, and at the conclusion of the 60th anniversary celebration, on September 2, 2019, the EBD were surrounded by Oakland Police Department officers due to racist motives as they were enjoying themselves at Level 13 in Oakland,” the civil complaint says.
The Dragons were founded in the 1950s as a car club, but switched over to motorcycles in 1959. Their founder, Tobie Gene Levingston, remained president until his death last July.
In East Oakland, the biker club is beloved, said Councilman Larry Reid, who said the group’s clubhouse in his district on International Boulevard has produced food distribution on Thanksgivings and toy drives during Christmas.
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Reid said the Dragons have held events at the Oakland Zoo and never faced complaints except about the noise of their motorcycles.
“If you came out here and talked to folks, no one is going to say anything negative about the East Bay Dragons,” Reid said. “They’d only talk about the good things they do and how they are positive role models for our children.”


mercurynews--2020-09-25--Zoom calls with Shanahan, Gruden were great, but San Jose State now gets to play

The Zoom calls for San Jose State ’ s football team have put most others to shame the past few months .
The virtual visits from Kyle Shanahan , Jon Gruden and a number of NFL players provided insight , inspiration and entertainment .
Plus , they were just plain cool .
But for sheer excitement , the Spartans ’ most recent Zoom call with coach Brent Brennan topped them all .
Thanks to Thursday night ’ s Mountain West Conference announcement , Brennan was able to tell his team they ’ ll get to play this season , after @ @ @ @ @ @ @ to hear that news because we ’ ve been working out for 10 weeks , but we haven ’ t necessarily known if we were working out for any particular goal , ” said Cade Hall , a two-year starting defensive lineman from San Jose ’ s Bellarmine Prep .
“ So just having a timeline and having a season and something to look for , I think is huge for our team .
“ And just getting to play football ..
I mean , we came here to play football , so @ @ @ @ @ @ @ na be awesome.
” There remains , however , one more hurdle to clear before the Spartans will be able to take the field as a team again .
Santa Clara County released a statement late Friday afternoon , saying it will wait for an update from the state before approving San Jose State ’ s request to resume football practices and games .
On Thursday , the MWC ’ s board of directors , chaired by San Jose State president Mary Papazian , voted to resume athletic competition in the next few @ @ @ @ @ @ @ season , set to begin on Oct. 24 and conclude with a conference championship game Dec. 19 .
A game schedule will be released later by the conference .
It was a reversal from the board ’ s decision from nearly seven weeks ago to delay football and fall sports until the spring .
The big change was the MWC ’ s ability to adequately test its athletes .
The conference announced a partnership with Quest Diagnostics to administer COVID-19 rapid antigen tests three times per week to student-athletes , coaches , trainers @ @ @ @ @ @ @ think at San Jose State that certainly was a game-changer for us , if we knew we could test often and the test results would come quickly , ” San Jose State athletic director Marie Tuite said during a Zoom call with reporters Friday .
“ It has been heartbreaking to know we haven ’ t been able to get to a place where we ’ re healthy enough for them to compete.
” Tuite said there have been six student-athletes , including two on the football team , who tested positive for @ @ @ @ @ @ @ asymptomatic , she said .
In all , close to 900 student-athletes at the school have been tested .
With the testing protocol in place , San Jose State must now get approval from Santa Clara County health officials and the California State University system to participate in football games .
Tuite said the school would submit its proposal to county health officials on Friday .
Will San Jose State ’ s request be rubber-stamped or will there be another roadblock for college athlete ?
Santa Clara County released a statement indicating the @ @ @ @ @ @ @ dunk .
“ We and other public health experts have ongoing concerns about the transmission risks associated with intercollegiate contact sports , particularly in light of the many COVID-19 outbreaks that have occurred on ( campuses ) .
… After the Governor announced State guidance would be modified to allow PAC-12 sports to proceed , university leaders in the county are requesting our direction on whether intercollegiate contact sports can safely proceed .
‘ We are currently waiting for the State to release its revised guidance .
We will review the new state @ @ @ @ @ @ @ local decisions focused on the safety of the entire community , and continue to apply consistent requirements across industries , sectors , and institutions.
” When reached for comment by this organization Friday night , San Jose State released a statement from Tuite , who said gaining clearance is a collaborative effort the school embraces .
“ We look forward to working with our county ’ s health officials on protocols for our football program to conduct team activities leading up to the start of the 2020 season , ” Tuite said .
@ @ @ @ @ @ @ of our student-athletes , coaches and staff and those around them is a top priority to our county .
We have been and will continue to be compliant with the county ’ s guidance and directives.
” San Jose State ’ s proposal will not include a request to allow fans attend home games at CEFCU Stadium , Tuite said .
However , she said that could change in the months ahead .
As for Brennan , he ’ s overjoyed he ’ ll soon get his team back together .
In person @ @ @ @ @ @ @ the chance to play is exciting , ” Brennan said .
“ It was painful when we found out we weren ’ t playing .
I ’ m just thankful we get a chance to get back to it .
“ There ’ s an amazing energy , like family , to a football team and that ’ s been missing for six months .
We have not had everybody back together in the same space .
… So I ’ m really excited about that.
” Brennan has done his best to @ @ @ @ @ @ @ particularly when it has come to meetings .
The fourth-year Spartans coach has called on NFL head coaches and players to liven things up .
He ’ s mixed things up in position meetings , having the offensive coordinator and offensive line coach teach defense and the defensive coaches running the meetings for the offense .
“ It was really a neat opportunity to teach and learn in a different way and try to engage our team in a different way because we couldn ’ t be face-to-face , ” Brennan said .
@ @ @ @ @ @ @ normal energy and excitement that comes with being part of a team.
” • San Jose State will play fall football as Mountain West reverses course • SJSU football could be back next month as Mountain West eyes fall season • Former SJSU athletic official accuses school president , AD of cover-up , retaliation over sex assault allegations While it ’ s hard to quantify what kind of effect Brennan ’ s creative Zoom meetings have had on his players , there ’ s no denying the Spartans took care of business off @ @ @ @ @ @ @ in team history , the Spartans ’ football team finished with a cumulative grade point average of over 3.0 .
“ That ’ s the thing I ’ m probably most excited about right now , ” Brennan admitted .

The Zoom calls for San Jose State’s football team have put most others to shame the past few months. The virtual visits from Kyle Shanahan, Jon Gruden and a number of NFL players provided insight, inspiration and entertainment. Plus, they were just plain cool.
But for sheer excitement, the Spartans’ most recent Zoom call with coach Brent Brennan topped them all.
Thanks to Thursday night’s Mountain West Conference announcement, Brennan was able to tell his team they’ll get to play this season, after all.
“We were just ecstatic to hear that news because we’ve been working out for 10 weeks, but we haven’t necessarily known if we were working out for any particular goal,” said Cade Hall, a two-year starting defensive lineman from San Jose’s Bellarmine Prep. “So just having a timeline and having a season and something to look for, I think is huge for our team.
“And just getting to play football .. I mean, we came here to play football, so to get to do that is gonna be awesome.”
There remains, however, one more hurdle to clear before the Spartans will be able to take the field as a team again. Santa Clara County released a statement late Friday afternoon, saying it will wait for an update from the state before approving San Jose State’s request to resume football practices and games.
On Thursday, the MWC’s board of directors, chaired by San Jose State president Mary Papazian, voted to resume athletic competition in the next few weeks. That includes an eight-game football season, set to begin on Oct. 24 and conclude with a conference championship game Dec. 19. A game schedule will be released later by the conference.
It was a reversal from the board’s decision from nearly seven weeks ago to delay football and fall sports until the spring. The big change was the MWC’s ability to adequately test its athletes. The conference announced a partnership with Quest Diagnostics to administer COVID-19 rapid antigen tests three times per week to student-athletes, coaches, trainers and other field personnel.
“I think at San Jose State that certainly was a game-changer for us, if we knew we could test often and the test results would come quickly,” San Jose State athletic director Marie Tuite said during a Zoom call with reporters Friday. “It has been heartbreaking to know we haven’t been able to get to a place where we’re healthy enough for them to compete.”
Tuite said there have been six student-athletes, including two on the football team, who tested positive for coronavirus since mid-July. All six are asymptomatic, she said. In all, there have been close to 900 tests on Sana Jose State student-athletes.
With the testing protocol in place, San Jose State must now get approval from Santa Clara County health officials and the California State University system to participate in football games. Tuite said the school would submit its proposal to county health officials on Friday.
Will San Jose State’s request be rubber-stamped or will there be another roadblock for college athlete? Santa Clara County released a statement indicating the process may not be such a slam dunk.
“We and other public health experts have ongoing concerns about the transmission risks associated with intercollegiate contact sports, particularly in light of the many COVID-19 outbreaks that have occurred on (campuses). … After the Governor announced State guidance would be modified to allow PAC-12 sports to proceed, university leaders in the county are requesting our direction on whether intercollegiate contact sports can safely proceed.
‘We are currently waiting for the State to release its revised guidance. We will review the new state guidance and proposed university protocols, make local decisions focused on the safety of the entire community, and continue to apply consistent requirements across industries, sectors, and institutions.”
When reached for comment by this organization Friday night, San Jose State released a statement from Tuite, who said gaining clearance is a collaborative effort the school embraces.
“We look forward to working with our county’s health officials on protocols for our football program to conduct team activities leading up to the start of the 2020 season,” Tuite said. “We recognize the health and safety of our student-athletes, coaches and staff and those around them is a top priority to our county. We have been and will continue to be compliant with the county’s guidance and directives.”
San Jose State’s proposal will not include a request to allow fans attend home games at CEFCU Stadium, Tuite said. However, she said that could change in the months ahead.
As for Brennan, he’s overjoyed he’ll soon get his team back together. In person this time.
“I think getting the chance to play is exciting,” Brennan said. “It was painful when we found out we weren’t playing. I’m just thankful we get a chance to get back to it.
“There’s an amazing energy, like family, to a football team and that’s been missing for six months. We have not had everybody back together in the same space. … So I’m really excited about that.”
Brennan has done his best to keep things interesting for his players, particularly when it has come to meetings. The fourth-year Spartans coach has called on NFL head coaches and players to liven things up. He’s mixed things up in position meetings, having the offensive coordinator and offensive line coach teach defense and the defensive coaches running the meetings for the offense.
“It was really a neat opportunity to teach and learn in a different way and try to engage our team in a different way because we couldn’t be face-to-face,” Brennan said. “You couldn’t feel the normal energy and excitement that comes with being part of a team.”
While it’s hard to quantify what kind of effect Brennan’s creative Zoom meetings have had on his players, there’s no denying the Spartans took care of business off the field.
For the first time in team history, the Spartans’ football team finished with a cumulative grade point average of over 3.0.
“That’s the thing I’m probably most excited about right now,” Brennan admitted.