courthousenews--2020-07-31--John Lewis Mourned as ‘Founding Father’ of Better America

ATLANTA ( AP ) — Hailed as a “ founding father ” of a fairer , better United States , John Lewis was eulogized Thursday by three former presidents and others who urged Americans to continue the work of the civil rights icon in fighting injustice during a moment of racial reckoning .
The longtime member of Congress even issued his own call to action — in an essay written in his final days that he asked be published in The New York Times on the day of his funeral .
In it , he challenged the next generation to @ @ @ @ @ @ @ hate at last.
” After nearly a week of observances that took Lewis ’ body from his birthplace in Alabama to the nation ’ s capital to his final resting place in Atlanta , mourners in face masks to guard against the coronavirus spread out across pews Thursday at the city ’ s landmark Ebenezer Baptist Church , once pastored by the Rev .
Martin Luther King Jr. Former President Barack Obama called Lewis “ a man of pure joy and unbreakable perseverance ” during a fiery eulogy that was both deeply personal @ @ @ @ @ @ @ first Black president used the moment to issue a stark warning that the voting rights and equal opportunity Lewis championed were threatened by those “ doing their darnedest to discourage people from voting ” and to call for a renewal of the Voting Rights Act .
His words came as the country has been roiled by weeks of protests demanding a reckoning with institutionalized racism — and hours after President Donald Trump suggested delaying the November election , something he doesn ’ t have the authority to do .
“ He as much @ @ @ @ @ @ @ country a little bit closer to our highest ideals , ” Obama said of Lewis .
“ And some day when we do finish that long journey towards freedom , when we do form a more perfect union , whether it ’ s years from now or decades or even if it takes another two centuries , John Lewis will be a founding father of that fuller , fairer , better America.
” Former President George W. Bush said Lewis , who died July 17 at the age of 80 , preached the @ @ @ @ @ @ @ insisting that hate and fear had to be answered with love and hope.
” Former President Jimmy Carter sent written condolences , and House Speaker Nancy Pelosi recalled how the sky was filled with ribbons of color in Washington earlier this week while Lewis ’ body was lying in state at the U.S. Capitol .
“ There was this double rainbow over the casket , ” she said .
“ He was telling us , ‘ I ’ m home in heaven , I ’ m home in heaven.
’ We always knew @ @ @ @ @ @ @ , and now he is with them.
” Lewis was the youngest and last survivor of the Big Six civil rights activists , led by King .
He was best known for leading protesters in the 1965 “ Bloody Sunday ” march across the Edmund Pettus Bridge in Selma , where he was beaten by Alabama state troopers .
During the service , the arc of Lewis ’ activism was once again tied to King , whose sermons Lewis discovered while scanning the radio dial as a 15-year-old boy growing up in then-segregated @ @ @ @ @ @ @ ’ civil rights work for the next 65 years as he fought segregation during marches , “ Freedom Rides ” across the South , and later during his long tenure in the U.S. Congress .
“ Get in good trouble , necessary trouble , and help redeem the soul of America , ” Lewis said of his run-ins with the law .
The phrase was repeated several times during the funeral .
“ We will continue to get into good trouble as long as you grant us the breath to do so , @ @ @ @ @ @ @ , the Rev .
Bernice King , said as she led the congregation in prayer .
She later paused and laid her hand atop Lewis ’ flag-draped casket at the front of the church .
Ebenezer ’ s senior pastor , the Rev .
Raphael Warnock , called Lewis “ a true American patriot who risked his life for the hope and promise of democracy.
” Outside the church , with temperatures in the upper 80s , hundreds gathered to watch the service on a large screen ; some sang the civil rights @ @ @ @ @ @ @ Williams ’ joyous tune “ Happy ” played as a closing song while a military honor guard loaded Lewis ’ flag-draped coffin into a hearse ; many congregation members clapped along .
The service ended days of remembrance for Lewis , who spent more than three decades in Congress representing most of his adopted home of Atlanta .
In addition to the U.S. Capitol , his body lay in the Georgia and Alabama Capitol buildings , and events also were held in the Alabama cities of Troy , Lewis ’ hometown , and @ @ @ @ @ @ @ , Lewis managed to add his own words .
His essay in The New York Times recalled the teachings of King : “ He said we are all complicit when we tolerate injustice , ” Lewis wrote .
“ He said it is not enough to say it will get better by and by .
He said each of us has a moral obligation to stand up , speak up and speak out.
” “ In my life I have done all I can to demonstrate that the way of peace , the @ @ @ @ @ @ @ more excellent way , ” he wrote .
“ Now it is your turn to let freedom ring.
” Former President Bill Clinton referenced the essay during his remarks : “ It is so fitting on the day of his service , he leaves us his marching orders : Keep moving .
”

Hailed as a "founding father" of a fairer, better United States, John Lewis was eulogized Thursday by three former presidents and others who urged Americans to continue the work of the civil rights icon in fighting injustice during a moment of racial reckoning.
ATLANTA (AP) — Hailed as a "founding father" of a fairer, better United States, John Lewis was eulogized Thursday by three former presidents and others who urged Americans to continue the work of the civil rights icon in fighting injustice during a moment of racial reckoning.
The longtime member of Congress even issued his own call to action — in an essay written in his final days that he asked be published in The New York Times on the day of his funeral. In it, he challenged the next generation to lay "down the heavy burdens of hate at last."
After nearly a week of observances that took Lewis' body from his birthplace in Alabama to the nation's capital to his final resting place in Atlanta, mourners in face masks to guard against the coronavirus spread out across pews Thursday at the city's landmark Ebenezer Baptist Church, once pastored by the Rev. Martin Luther King Jr.
Former President Barack Obama called Lewis "a man of pure joy and unbreakable perseverance" during a fiery eulogy that was both deeply personal and political. The nation's first Black president used the moment to issue a stark warning that the voting rights and equal opportunity Lewis championed were threatened by those "doing their darnedest to discourage people from voting" and to call for a renewal of the Voting Rights Act.
His words came as the country has been roiled by weeks of protests demanding a reckoning with institutionalized racism — and hours after President Donald Trump suggested delaying the November election, something he doesn't have the authority to do.
"He as much as anyone in our history brought this country a little bit closer to our highest ideals," Obama said of Lewis. "And some day when we do finish that long journey towards freedom, when we do form a more perfect union, whether it's years from now or decades or even if it takes another two centuries, John Lewis will be a founding father of that fuller, fairer, better America."
Former President George W. Bush said Lewis, who died July 17 at the age of 80, preached the Gospel and lived its ideals, "insisting that hate and fear had to be answered with love and hope."
Former President Jimmy Carter sent written condolences, and House Speaker Nancy Pelosi recalled how the sky was filled with ribbons of color in Washington earlier this week while Lewis' body was lying in state at the U.S. Capitol.
"There was this double rainbow over the casket," she said. "He was telling us, 'I'm home in heaven, I'm home in heaven.' We always knew he worked on the side of angels, and now he is with them."
Lewis was the youngest and last survivor of the Big Six civil rights activists, led by King. He was best known for leading protesters in the 1965 "Bloody Sunday" march across the Edmund Pettus Bridge in Selma, where he was beaten by Alabama state troopers.
During the service, the arc of Lewis' activism was once again tied to King, whose sermons Lewis discovered while scanning the radio dial as a 15-year-old boy growing up in then-segregated Alabama.
King continued to inspire Lewis' civil rights work for the next 65 years as he fought segregation during marches, "Freedom Rides" across the South, and later during his long tenure in the U.S. Congress.
"Get in good trouble, necessary trouble, and help redeem the soul of America," Lewis said of his run-ins with the law. The phrase was repeated several times during the funeral.
"We will continue to get into good trouble as long as you grant us the breath to do so," one of King's daughters, the Rev. Bernice King, said as she led the congregation in prayer. She later paused and laid her hand atop Lewis' flag-draped casket at the front of the church.
Ebenezer's senior pastor, the Rev. Raphael Warnock, called Lewis "a true American patriot who risked his life for the hope and promise of democracy."
Outside the church, with temperatures in the upper 80s, hundreds gathered to watch the service on a large screen; some sang the civil rights anthem "We Shall Overcome." Pharrell Williams' joyous tune "Happy" played as a closing song while a military honor guard loaded Lewis' flag-draped coffin into a hearse; many congregation members clapped along.
The service ended days of remembrance for Lewis, who spent more than three decades in Congress representing most of his adopted home of Atlanta. In addition to the U.S. Capitol, his body lay in the Georgia and Alabama Capitol buildings, and events also were held in the Alabama cities of Troy, Lewis' hometown, and Selma.
To the many tributes Thursday, Lewis managed to add his own words. His essay in The New York Times recalled the teachings of King:
"He said we are all complicit when we tolerate injustice," Lewis wrote. "He said it is not enough to say it will get better by and by. He said each of us has a moral obligation to stand up, speak up and speak out."
"In my life I have done all I can to demonstrate that the way of peace, the way of love and nonviolence is the more excellent way," he wrote. "Now it is your turn to let freedom ring."
Former President Bill Clinton referenced the essay during his remarks: "It is so fitting on the day of his service, he leaves us his marching orders: Keep moving."
By JEFF MARTIN Associated Press


courthousenews--2020-07-31--California Lawmakers Blast Unemployment Agency Over Payment Delays

( CN ) — Out-of-work Californians and state lawmakers unleashed a torrent of criticism and frustration Thursday in a tense hearing over the Employment Development Department ’ s persistent failure to deliver unemployment insurance benefits , despite promises to do better .
Jennifer Cogan was among the dozens of people who flooded the Assembly budget committee ’ s public comment phone line Thursday to share stories of unprecedented hardship , of depleted savings and unpaid bills and of hours spent waiting on hold only to be hung up on by unemployment department staff who claim they can ’ t help @ @ @ @ @ @ @ thinking of the emotional trauma I have endured at the hands of the dysfunction of the EDD , ” Cogan said , adding that the initial sympathy she had for the overworked department “ quickly eroded after my initial outreaches to EDD consisted of spending six hours on hold only after having a representative hang up on me when they did not know to answer my question.This happened multiple times .
I have broken down and cried ad nauseam.
” The employment department has long been plagued with understaffing and outdated technology .
@ @ @ @ @ @ @ sharp relief by the Covid-19 pandemic and resulting economic collapse .
Assembly member Tom Lackey , R-Palmdale , said , ” Many of the people in my district have had no income , no income since March .
I am embarrassed , and I hope that members of the EDD are more embarrassed and that will trigger action .
I don ’ t think government has ever looked more broken than it has right now.
” The tenor of Thursday ’ s hearing was one of absolute disgust and vexation as lawmakers have @ @ @ @ @ @ @ and its director Sharon Hilliard , whose answers revealed a puzzling incongruence with reality .
“ Without using expletives I don ’ t have the vocabulary to describe the frustration I feel on behalf of my constituents , ” Assemblymember Adrin Nazarian , D-San Fernando Valley , said .
Assemblymember Cottie Petrie-Norris , D-Laguna Beach , grilled Hilliard over the agency ’ s limited call center hours and Hilliard ’ s reticence to offer a clear answer on why its main location is only open for a few hours in the morning .
@ @ @ @ @ @ @ only working four hours a day ?
” she asked .
“ Many of the constituents in my district and around the state have had the experience of spending literally hours on the phone waiting for someone to pick up , and it ’ s three in the afternoon they ’ re told ‘ Sorry , our trained , actual caseworkers are only here from 8-12pm.
’ That ’ s not working around the clock and that ’ s not acceptable customer service.
” Hilliard said the agency has one center with 8am @ @ @ @ @ @ @ is continuing to add fully trained case workers every day .
Petrie-Norris questioned the truth of this assertion , since so many of her constituents have been unable to get through during those hours .
When they do , they ’ re either hung up on or the representative can not answer their question .
Again , she asked when the department will have full around-the-clock service .
“ You ’ re not in the room so you ’ re not seeing the number of eyes rolling and exasperated number of folks in @ @ @ @ @ @ @ to answer this question , ” she said .
Hilliard insisted that the department is working on combining its two call centers to provide full service from 8am to 8pm , seven days a week .
Petrie-Norris also skewered the department for call-back wait times lasting 4-6 weeks .
Hilliard agreed that this is unacceptable .
“ We ’ re actually trying to get out of the business of call backs , ” she said .
“ That ’ s why we ’ re upgrading our call center so we can have fully @ @ @ @ @ @ @ call center providing service seven days a week.
” She said she didn ’ t know when that one consolidated call center would go online , but speculated that wouldn ’ t be until after mid-October .
“ These timelines seem out of step with the urgency of the moment we are in , ” Petrie-Norris said , noting that the agency is just now appointing a single point of contact for each legislative office , something lawmakers requested in April .
“ This just exemplifies how slowly things are moving.
” The @ @ @ @ @ @ @ its case backlog .
Hilliard proudly announced that it has 239,000 cases awaiting resolution , a figure Assembly member David Chiu , D-San Francisco , disputed .
He said there are at least 889,000 whose claims have not been addressed because the EDD “ needs more information.
” “ Your online portal doesn ’ t tell the constituents what information the EDD needs , ” he said .
“ EDD doesn ’ t send communication to the constituents that specify what information EDD needs .
Our constituents can not reach people through your @ @ @ @ @ @ @ need .
So how on Earth are these 889,000 Californians supposed to figure out how to resolve their claims ?
” Hilliard said the agency has been sending email prompts to those who may be eligible for benefits but still need to answer some basic questions .
“ If people don ’ t go in and certify there is nothing we can do , ” she said .
Chiu further accused the department of hiding the true extent of its backlog through conflicting statements to lawmakers and the press .
“ Director Hilliard @ @ @ @ @ @ @ ?
Why have you been hiding this information from the public ?
” he asked .
“ I would never lie to the public or the legislative body , ” Hilliard said .
“ It has been a struggle for us to pull data , the way people want to hear the data is not the way our system was designed .
It ’ s an old antiquated system.
” The computer system the EDD uses to manage its unemployment insurance program runs on the 30 year-old programming language COBOL .
“ I @ @ @ @ @ @ @ failure , ” Assembly member Jay Obernolte , R- Big Bear Lake , said .
“ It ’ s horrifying to think about the fact that we have some of these systems still running in COBOL .
In my day I was actually a pretty good programmer and I know COBOL , so if public service doesn ’ t work out for me , you should look me up.
” Obernolte said the department should have a streamlined system to resolve problems without huge call centers .
Hilliard agreed , saying the department @ @ @ @ @ @ @ of October “ for a complete end-to-end replacement of our system.
” The EDD ’ s relationship with Deloitte , the vendor that built its online unemployment insurance system was also a sore point with Chiu .
He noted that the EDD spent $ 259 million on no-bid contracts with the vendor over the last 10 years .
It was a debacle reminiscent of another massive tech project Deloitte spearheaded with the California judiciary during the height of the Great Recession , one that ended in the Legislature pulling funding after cost projections @ @ @ @ @ @ @ He said the EDD hired Deloitte to work on a project expected to take four years to complete and cost $ 47 million .
The timeline stretched to six years and the cost ballooned to $ 94 million “ That project massively failed , created massive delays in paid unemployment claims ” he said , citing an Assembly insurance committee report from 2013 .
“ I understand Deloitte continues to be a vendor of yours .
Our office has met with Deloitte a few times .
They claim no responsibility over anything that @ @ @ @ @ @ @ .
They say they ’ re not at fault for what ’ s happening , they don ’ t have authority to fix things .
Given how much you pay them I want to ask you what you think they actually do.
” Hilliard said Deloitte staff assists with maintaining the system , running the data and adding new features .
Chiu said her answers contradicted the vendor ’ s .
“ They have abdicated responsibility and have given us answers that are the exact opposite , ” he said .
“ And @ @ @ @ @ @ @ .
Why do we keep entering into no-bid contracts with someone with a history of cost overruns and problematic IT work ?
” Chiu said the enormous amount spent with Deloitte represents another failure .
“ This vendor has also failed California .
That ’ s a lot of UI [ unemployment insurance ] checks and because of the collective failure of EDD and Deloitte , millions of Californians haven ’ t gotten theirs.
” Thursday ’ s hearing follows Governor Gavin Newsom ’ s announcement touting the creation of a “ strike @ @ @ @ @ @ @ unpaid claims and modernize its technology .
Assemblymember Jim Cooper , D-Elk Grove , who chairs the budget subcommittee on state administration , noted the peculiar timing of the announcement , released just before the hearing was set to take place .
“ I was pleased to see the government ’ s announcement yesterday that he deployed a strike team to address the problems at the EDD , ” he said .
“ The curious timing of the strike team announcement is not lost on the Legislature.
” Nazarian went even further , @ @ @ @ @ @ @ department were playing at political gamesmanship .
He pointed to a link at the bottom of Newsom ’ s announcement that leads to a set of explanatory letters from the department that outlines corrective measures .
“ It almost strikes me as a cloak-and-dagger game that we would play in elementary school in trying to say ‘ I did this but it ’ s too bad that you didn ’ t see it , ’ ” Nazarian said .
“ It ’ s so unfortunate because there are people ’ s lives at @ @ @

She said she didn’t know when that one consolidated call center would go online, but speculated that wouldn’t be until after mid-October.
“These timelines seem out of step with the urgency of the moment we are in,” Petrie-Norris said, noting that the agency is just now appointing a single point of contact for each legislative office, something lawmakers requested in April. “This just exemplifies how slowly things are moving.”
The department has also been slow to handle its case backlog. Hilliard proudly announced that it has 239,000 cases awaiting resolution, a figure Assembly member David Chiu, D-San Francisco, disputed. He said there are at least 889,000 whose claims have not been addressed because the EDD “needs more information.”
“Your online portal doesn’t tell the constituents what information the EDD needs,” he said. “EDD doesn’t send communication to the constituents that specify what information EDD needs. Our constituents cannot reach people through your call centers to tell you what you need. So how on Earth are these 889,000 Californians supposed to figure out how to resolve their claims?”
Hilliard said the agency has been sending email prompts to those who may be eligible for benefits but still need to answer some basic questions.
“If people don’t go in and certify there is nothing we can do,” she said.
Chiu further accused the department of hiding the true extent of its backlog through conflicting statements to lawmakers and the press.
“Director Hilliard, why did you lie to us? Why have you been hiding this information from the public?" he asked.
"I would never lie to the public or the legislative body,” Hilliard said. “It has been a struggle for us to pull data, the way people want to hear the data is not the way our system was designed. It’s an old antiquated system.”
The computer system the EDD uses to manage its unemployment insurance program runs on the 30 year-old programming language COBOL.
“I view this failure as predominantly an IT failure,” Assembly member Jay Obernolte, R- Big Bear Lake, said. "It’s horrifying to think about the fact that we have some of these systems still running in COBOL. In my day I was actually a pretty good programmer and I know COBOL, so if public service doesn’t work out for me, you should look me up.”
Obernolte said the department should have a streamlined system to resolve problems without huge call centers.
Hilliard agreed, saying the department will award a contract at the end of October “for a complete end-to-end replacement of our system.”
The EDD’s relationship with Deloitte, the vendor that built its online unemployment insurance system was also a sore point with Chiu. He noted that the EDD spent $259 million on no-bid contracts with the vendor over the last 10 years.
It was a debacle reminiscent of another massive tech project Deloitte spearheaded with the California judiciary during the height of the Great Recession, one that ended in the Legislature pulling funding after cost projections soared into the billion dollar range.
He said the EDD hired Deloitte to work on a project expected to take four years to complete and cost $47 million. The timeline stretched to six years and the cost ballooned to $94 million
“That project massively failed, created massive delays in paid unemployment claims” he said, citing an Assembly insurance committee report from 2013.
“I understand Deloitte continues to be a vendor of yours. Our office has met with Deloitte a few times. They claim no responsibility over anything that has taken place with your web-based systems. They say they’re not at fault for what’s happening, they don't have authority to fix things. Given how much you pay them I want to ask you what you think they actually do.”
Hilliard said Deloitte staff assists with maintaining the system, running the data and adding new features. Chiu said her answers contradicted the vendor’s.
“They have abdicated responsibility and have given us answers that are the exact opposite,” he said. “And you keep signing new contracts with Deloitte. Why do we keep entering into no-bid contracts with someone with a history of cost overruns and problematic IT work?”
Chiu said the enormous amount spent with Deloitte represents another failure. “This vendor has also failed California. That’s a lot of UI [unemployment insurance] checks and because of the collective failure of EDD and Deloitte, millions of Californians haven’t gotten theirs.”
Thursday’s hearing follows Governor Gavin Newsom’s announcement touting the creation of a “strike team” to help the agency process unpaid claims and modernize its technology.
Assemblymember Jim Cooper, D-Elk Grove, who chairs the budget subcommittee on state administration, noted the peculiar timing of the announcement, released just before the hearing was set to take place.
“I was pleased to see the government's announcement yesterday that he deployed a strike team to address the problems at the EDD,” he said. “The curious timing of the strike team announcement is not lost on the Legislature.”
Nazarian went even further, suggesting that the governor and the unemployment department were playing at political gamesmanship. He pointed to a link at the bottom of Newsom’s announcement that leads to a set of explanatory letters from the department that outlines corrective measures.
"It almost strikes me as a cloak-and-dagger game that we would play in elementary school in trying to say ‘I did this but it’s too bad that you didn't see it,’” Nazarian said. “It’s so unfortunate because there are people’s lives at stake.”


courthousenews--2020-07-31--Judge Considers Certifying Class Action of Thousands of Asylum Seekers

SAN DIEGO ( CN ) — Comparing a proposed class action by asylum seekers challenging the federal government ’ s denial of access to the immigration process to cases by prisoners challenging their denial of medical care , a federal judge Thursday appeared poised to approve the action , which could provide relief to thousands of immigrants .
U.S. District Judge Cynthia Bashant , a Barack Obama appointee , noted at the outset of the class certification hearing in Al Otro Lado v. McAleenan she had issued a tentative ruling finding the class action brought by asylum seekers allegedly denied @ @ @ @ @ @ @ of entry at the U.S.-Mexico border should be certified .
The asylum seekers , of which their attorneys estimate could include upwards of 26,000 immigrants , have been handed a series of court victories by Bashant and the Ninth Circuit during the litigation the past year .
They claim beginning at the San Ysidro Port of Entry in San Diego in May 2016 – when an influx of Haitian asylum seekers displaced years earlier by an earthquake began to show up at the U.S.-Mexico border — Customs and Border Protection agents began “ @ @ @ @ @ @ @ allowed to enter the port of entry to begin the immigration process .
Those who didn ’ t make the cut were “ turned back ” to Tijuana , Mexico where they were put on informal waitlists and given a number to “ wait their turn ” before being able to begin the asylum process in the U.S .
The informal “ metering ” or “ turnback ” policy was later expanded to ports of entry along the southern border until it was formalized in an April 2018 federal memorandum .
Justice Department @ @ @ @ @ @ @ class action claims could not constitute “ common questions ” regarding each asylum seeker ’ s experience with the metering process necessary to litigate a class action .
He suggested there are too many individualized or “ commonality ” factors which would need to be litigated on a case-by-case basis .
“ There needs to be an individualized examination of what was going on with each applicant ’ s experience at the port of entry , ” Halaska said .
“ They have not shown alleged misrepresentations , threats , verbal and physical @ @ @ @ @ @ @ , ” he added , disputing the eight declarations submitted in support of the class certification motion , including from two whistleblowers , was enough evidence to approve the class action .
Halaska also argued that because the metering memos gave field office leaders discretion to implement the turnback policy , they could only be considered “ guideposts , ” not across-the-board standards .
But Bashant pointed out the asylum seekers “ are taking on a fairly large burden ” which they will have to prove at a jury trial .
“ That @ @ @ @ @ @ @ : Did the defendants systematically deny class members access to the asylum process illegally ?
” Bashant said , in comparing the case and relief sought to class actions brought by prisoners who claimed they were denied medical care while incarcerated .
Mayer Brown attorney Stephen Medlock , representing the asylum seekers , said the fact the metering policy which turned back asylum seekers at ports of entry wasn ’ t memorialized in a government memo until April 2018 shouldn ’ t have any bearing on the relevant time period for the class @ @ @ @ @ @ @ when the practice first began , in May 2016 .
“ Whether the practice is legal , and in fact occurred , are common questions that can be asked on a class-wide basis , ” Medlock said .
“ The question is not ‘ Why was I delayed ?
’ it is ‘ Was I delayed , and did it violate the law , ’ ” he added .
Medlock disputed the whistleblower deposition testimony could not show the metering practice and handling of asylum seekers was consistent across state lines .
He @ @ @ @ @ @ @ corroborated each other ’ s experience.
” “ At this stage we have a mountain of evidence showing the turnback policy existed , ” Medlock said .
“ It has always been the case plaintiffs have argued turnbacks are illegal , full stop , regardless of the justification for them , ” he added .
Bashant took the matter under submission and will issue a written order .

Comparing a proposed class action by asylum seekers challenging the federal government’s denial of access to the immigration process to cases by prisoners challenging their denial of medical care, a federal judge Thursday appeared poised to approve the action, which could provide relief to thousands of immigrants.
SAN DIEGO (CN) — Comparing a proposed class action by asylum seekers challenging the federal government’s denial of access to the immigration process to cases by prisoners challenging their denial of medical care, a federal judge Thursday appeared poised to approve the action, which could provide relief to thousands of immigrants.
U.S. District Judge Cynthia Bashant, a Barack Obama appointee, noted at the outset of the class certification hearing in Al Otro Lado v. McAleenan she had issued a tentative ruling finding the class action brought by asylum seekers allegedly denied access to the immigration process along ports of entry at the U.S.-Mexico border should be certified.
The asylum seekers, of which their attorneys estimate could include upwards of 26,000 immigrants, have been handed a series of court victories by Bashant and the Ninth Circuit during the litigation the past year.
They claim beginning at the San Ysidro Port of Entry in San Diego in May 2016 – when an influx of Haitian asylum seekers displaced years earlier by an earthquake began to show up at the U.S.-Mexico border — Customs and Border Protection agents began “metering” the number of asylum seekers allowed to enter the port of entry to begin the immigration process.
Those who didn’t make the cut were “turned back” to Tijuana, Mexico where they were put on informal waitlists and given a number to “wait their turn” before being able to begin the asylum process in the U.S.
The informal “metering” or “turnback” policy was later expanded to ports of entry along the southern border until it was formalized in an April 2018 federal memorandum.
Justice Department attorney Alexander Halaska told Bashant Thursday the class action claims could not constitute “common questions” regarding each asylum seeker’s experience with the metering process necessary to litigate a class action.
He suggested there are too many individualized or “commonality” factors which would need to be litigated on a case-by-case basis.
“There needs to be an individualized examination of what was going on with each applicant’s experience at the port of entry,” Halaska said.
“They have not shown alleged misrepresentations, threats, verbal and physical abuse are common to the class-wide policy,” he added, disputing the eight declarations submitted in support of the class certification motion, including from two whistleblowers, was enough evidence to approve the class action.
Halaska also argued that because the metering memos gave field office leaders discretion to implement the turnback policy, they could only be considered “guideposts,” not across-the-board standards.
But Bashant pointed out the asylum seekers “are taking on a fairly large burden” which they will have to prove at a jury trial.
“That really is the question in this case: Did the defendants systematically deny class members access to the asylum process illegally?” Bashant said, in comparing the case and relief sought to class actions brought by prisoners who claimed they were denied medical care while incarcerated.
Mayer Brown attorney Stephen Medlock, representing the asylum seekers, said the fact the metering policy which turned back asylum seekers at ports of entry wasn’t memorialized in a government memo until April 2018 shouldn’t have any bearing on the relevant time period for the class action, which he said should start when the practice first began, in May 2016.
“Whether the practice is legal, and in fact occurred, are common questions that can be asked on a class-wide basis,” Medlock said.
“The question is not ‘Why was I delayed?’ it is ‘Was I delayed, and did it violate the law,’” he added.
Medlock disputed the whistleblower deposition testimony could not show the metering practice and handling of asylum seekers was consistent across state lines. He said the two field office employees “corroborated each other’s experience.”
“At this stage we have a mountain of evidence showing the turnback policy existed,” Medlock said.
“It has always been the case plaintiffs have argued turnbacks are illegal, full stop, regardless of the justification for them,” he added.
Bashant took the matter under submission and will issue a written order.


courthousenews--2020-07-31--Newly Released Records in Ghislaine Maxwell Case Reveal Correspondence With Jeffrey Epstein

MANHATTAN ( CN ) — From an explosive correspondence with Jeffrey Epstein to more allegations against powerful men like Bill Clinton , Alan Dershowitz and Prince Andrew , newly released files from an old lawsuit against Ghislaine Maxwell became public on Thursday following a yearlong records battle .
One five-year-old email has what reads like a statement by Maxwell slamming the press and denying any participation in a sex-trafficking scandal .
Only it was Epstein who wrote it .
“ Since JE was charged in 2007 for solicitation of a prostitute I have been the target of outright lies , @ @ @ @ @ @ @ gossip and harassment , ” Epstein wrote “ GMax ” in an email dated Jan. 21 , 2015 .
The remainder of the wordy missive slams the press for “ headlines made up of quotes I have never given , statements l have never made , trips with people to places I have never been , holidays with people i have never met , false allegations of impropriety and offensive behavior that l abhor and have never ever been party to , witness to events that l have never seen , living off @ @ @ @ @ @ @ had , party to stories that have changed materially both in time place and event depending on what paper you read , and the list goes on.
” Maxwell wrote days later : “ I would appreciate it if shelley would come out and say she was your g ’ friend — I think she was from end 99 to 2002.
” The identity of the “ shelley ” whom Maxwell wanted to depict as Epstein ’ s girlfriend is unclear .
“ ok , with me , ” Epstein replied a day @ @ @ @ @ @ @ wrong and i woudl [ sic ] urge you to start acting like it .
go outside , head high , not as an esacping [ sic ] convict.
” In a failed bid to win bail , Maxwell claimed that she has not been in touch with Epstein in more than a decade , an assertion undermined by the correspondence .
Previously anonymous , Maxwell ’ s prominent accuser Virginia Roberts Giuffre had been known as “ Jane Doe 3 ” before publicly claiming to witness Clinton on Epstein ’ s private @ @ @ @ @ @ @ for sex with Britain ’ s Prince Andrew and Dershowitz .
Newly unsealed documents add more detail to those claims .
“ One such powerful individual that Epstein forced then-minor Jane Doe # 3 to have sexual relations with was former Harvard Law Professor Alan Dershowitz , a close friend of Epstein ’ s and well-known criminal defense attorney , ” the document continues .
“ Epstein required Jane Doe # 3 to have sexual relations with Dershowitz on numerous occasions while she was a minor , not only in Florida but also @ @ @ @ @ @ @ , New Mexico , and the U.S. Virgin Islands.
” That claim is not new : Giuffre and Dershowitz have sued each other over the allegations , but the unsealed records show her alleging that Dershowitz had self-interested motives to negotiate a controversial plea deal for Epstein that purported to shield his co-conspirators .
“ Thus , Dershowitz helped negotiate an agreement with a provision that provided protection for himself against criminal prosecution in Florida for sexually abusing Jane Doe # 3 , ” the Jan. 2 , 2015 , document states .
@ @ @ @ @ @ @ , Giuffre gave an initial interview with her attorneys Brad Edwards and Jack Scarola , where she mentioned Clinton ’ s name six times among the cast of characters whom she saw on Epstein ’ s island .
When asked whom else she saw with the former president , Giuffre replied : “ Ghislaine , Emmy , and there was 2 young girls that I could identify.
” Clinton denies any wrongdoing , and Giuffre does not accuse him of misconduct , though she called sexual orgies a “ regular occurrence ” at @ @ @ @ @ @ @ .
Asked about hearing Epstein boast “ Bill Clinton owes me favors , ” Giuffre mused : “ Yes .
I do .
It was a laugh though .
He would laugh it off.
” Emphasizing she did not know whether Epstein was serious , she added : “ It was just a joke.
” President Trump also received a name-check in the interview in recounting how she met Maxwell in the first place .
“ I was working at Donald Trump ’ s spa in Mar-a-Lago , and I was prompted by @ @ @ @ @ @ @ mansion in Palm Beach that afternoon after work to make some extra money and to learn about massage , ” she told her lawyers in 2011 , an account she would continue to repeat in the future .
Asked whether Prince Andrew would have information , Giuffre told her lawyers in 2011 : “ Yes , he would know a lot of the truth.
” “ Again , I don ’ t know how much he would be able to help you with , but seeing he ’ s in a lot of @ @ @ @ @ @ @ he might , ” she added .
“ So , I think he may be valuable .
I ’ m not too sure of him.
” Those exchanges , and others , hit the public after a federal judge angrily told Maxwell that she can no longer delay their release .
Fighting bitterly against the new rush of documents , Maxwell kept filing new challenges until hours before a deadline first imposed last week .
U.S. District Judge Loretta Preska skewered one “ eleventh-hour request ” on Wednesday and wrote another blistering ruling @ @ @ @ @ @ @ as the countdown ticked toward the close of business Thursday .
“ The court is troubled—but not surprised—that Ms. Maxwell has yet again sought to muddy the waters as the clock ticks closer to midnight , ” Preska wrote in a ruling that hit the court ’ s docket 4:55 p.m. Eastern Time .
Minutes later , Maxwell ’ s attorney Laura Menninger asked for “ emergency forthwith phone conference , ” but the docket remained silent for roughly an hour and a half before Preska neatly rejected the request .
“ Counsel @ @ @ @ @ @ @ , ” she added at 6:39 p.m. Eastern Time .
Another three hours would pass for the highly anticipated documents to finally see the light of day .
Giuffre filed suit five years ago against Maxwell , whose depositions in that case form the basis of two now-pending perjury charges against her .
One of those transcripts , from Maxwell ’ s testimony in April 2016 , originally had been ordered unsealed until the British socialite complained that prosecutors wrongly quoted portions of it marked “ confidential ” in their indictment .
In @ @ @ @ @ @ @ Maxwell of grooming her to become Jeffrey Epstein ’ s “ sex slave.
” While medical information will remain under seal , Giuffre ’ s psychiatrists are mentioned in the files .
Giuffre ’ s counsel notes last year that their client went to them to cope with trauma and said the doctor ’ s records corroborate her tale .
The Epstein conspiracy has been described as a pyramid scheme of sexual abuse , where underage girls were recruited to perform massages for the convicted pedophile that escalated to assault .
Prosecutors say @ @ @ @ @ @ @ others for the disgraced financier ’ s predation .
Reflecting the scale of the alleged crimes , the documents contain references to “ Doe # 67 ” and “ Doe # 151.
” Since a settlement in 2017 , those files had been mostly sealed or heavily redacted , but the watershed Miami Herald exposé “ Perversion of Justice ” led to a widely publicized public-access battle that went to the Second Circuit last year .
That New York-based court ordered sunlight one year ago for nearly 2,000 pages of files related to @ @ @ @ @ @ @ accusers .
In one partly released deposition from the time , Guiffre testified that she received orders from Maxwell to have sex with New Mexico Governor Bill Richardson , financier Glenn Dubin , model scout Jean-Luc Brunel , former Senator George Mitchell and others .
Denying the allegations , those men never have been charged with wrongdoing .
Maxwell pleaded not guilty earlier this month to the six counts accusing her of grooming Epstein ’ s victims and perjuring herself to cover it up .
Her trial has been scheduled next year in @ @ @ @ @ @ @ Second Circuit to rule by Friday on their request to delay the release of Maxwell ’ s deposition that prosecutors claim shows her committing perjury .
If the court denies that request , it will go public on Monday .

Capping off a yearlong open-records battle, Jeffrey Epstein’s correspondence with his accused accomplice Ghislaine Maxwell became public in a late-night release on Thursday, together with dozens of other formerly secret files.
MANHATTAN (CN) — From an explosive correspondence with Jeffrey Epstein to more allegations against powerful men like Bill Clinton, Alan Dershowitz and Prince Andrew, newly released files from an old lawsuit against Ghislaine Maxwell became public on Thursday following a yearlong records battle.
One five-year-old email has what reads like a statement by Maxwell slamming the press and denying any participation in a sex-trafficking scandal.
Only it was Epstein who wrote it.
“Since JE was charged in 2007 for solicitation of a prostitute I have been the target of outright lies, innuendo, slander, defamation and salacious gossip and harassment,” Epstein wrote “GMax” in an email dated Jan. 21, 2015.
The remainder of the wordy missive slams the press for “headlines made up of quotes I have never given, statements l have never made, trips with people to places I have never been, holidays with people i have never met, false allegations of impropriety and offensive behavior that l abhor and have never ever been party to, witness to events that l have never seen, living off trust funds that l have never ever had, party to stories that have changed materially both in time place and event depending on what paper you read, and the list goes on.”
Maxwell wrote days later: “I would appreciate it if shelley would come out and say she was your g'friend — I think she was from end 99 to 2002."
The identity of the “shelley” whom Maxwell wanted to depict as Epstein’s girlfriend is unclear.
“ok, with me,” Epstein replied a day later. “You have done nothing wrong and i woudl [sic] urge you to start acting like it. go outside, head high, not as an esacping [sic] convict.”
In a failed bid to win bail, Maxwell claimed that she has not been in touch with Epstein in more than a decade, an assertion undermined by the correspondence.
Previously anonymous, Maxwell’s prominent accuser Virginia Roberts Giuffre had been known as “Jane Doe 3” before publicly claiming to witness Clinton on Epstein’s private island and to have been passed on for sex with Britain’s Prince Andrew and Dershowitz. Newly unsealed documents add more detail to those claims.
“One such powerful individual that Epstein forced then-minor Jane Doe #3 to have sexual relations with was former Harvard Law Professor Alan Dershowitz, a close friend of Epstein’s and well-known criminal defense attorney,” the document continues. “Epstein required Jane Doe #3 to have sexual relations with Dershowitz on numerous occasions while she was a minor, not only in Florida but also on private planes, in New York, New Mexico, and the U.S. Virgin Islands.”
That claim is not new: Giuffre and Dershowitz have sued each other over the allegations, but the unsealed records show her alleging that Dershowitz had self-interested motives to negotiate a controversial plea deal for Epstein that purported to shield his co-conspirators.
“Thus, Dershowitz helped negotiate an agreement with a provision that provided protection for himself against criminal prosecution in Florida for sexually abusing Jane Doe #3,” the Jan. 2, 2015, document states.
In a much earlier document from 2011, Giuffre gave an initial interview with her attorneys Brad Edwards and Jack Scarola, where she mentioned Clinton’s name six times among the cast of characters whom she saw on Epstein’s island.
When asked whom else she saw with the former president, Giuffre replied: “Ghislaine, Emmy, and there was 2 young girls that I could identify.”
Clinton denies any wrongdoing, and Giuffre does not accuse him of misconduct, though she called sexual orgies a “regular occurrence” at Epstein’s U.S. Virgin Islands home.


courthousenews--2020-07-31--Charges Added to LA City Councilman in Corruption Probe

LOS ANGELES ( CN ) — A federal grand jury added 34 additional criminal charges against Los Angeles City Councilman Jose Huizar on Thursday in an ongoing corruption probe into a massive pay-to-play developer scheme .
Last month , Huizar was arrested and charged with federal racketeering according to a criminal complaint that detailed bribes paid to the councilman for favorable votes on committees he sat on that would allow for developer projects to be built in his district .
A federal grand jury on Thursday returned a 34-count indictment against Huizar and claims over 402 overt acts by the @ @ @ @ @ @ @ political corruption scheme .
Cash bribes were delivered to Huizar in liquor boxes , while $ 800,000 from an unnamed wealthy Chinese developer was used to settle a sexual harassment lawsuit for Huizar with a former aide in his council office .
In March , former councilman Mitch Englander pleaded guilty to obstructing a federal probe of his actions .
Prosecutors say a real estate developer showered Englander with cash , trips and expensive meals .
In a separate plea agreement , Justin Jangwoo Kim — a 53-year-old real estate appraiser and political @ @ @ @ @ @ @ bribe for an unnamed councilman to advance a developer ’ s project .
In May , real estate broker George Chiang pleaded guilty for his involvement in the pay-to-play scheme which prosecutors detailed in an indictment , which included a criminal enterprise perpetrated by an unnamed councilman .
Former Huizar aide George Esparza pleaded guilty to racketeering charges in a scheme to solicit and accept bribes on behalf of Huizar .
According to the grand jury indictment , one overt act included Huizar asking Chiang to book him a trip to Cuba for @ @ @ @ @ @ @ a secret relationship with .
Other overt acts ranged from official votes taken by Huizar to benefit developer projects to other less official acts , like requesting $ 1,000 for liquor or making sure that an unnamed lobbyist was using an encrypted texting app to communicate with him .
“ Confide is good for texting because it is like Snap Chat…message disappears , ” wrote Huizar .
The indictment also says Huizar used family members to launder money for him .
According to prosecutors , Huizar met with Esparza at his home and @ @ @ @ @ @ @ Huizar expected a $ 400,000 bribe from the developer .
Huizar told Esparza to hold onto the money until he asked for it .
But in December 2017 , Huizar had trouble getting the money back and the two met at a private bathroom in city hall , where Esparza told Huizar about being questioned by the FBI in the ongoing corruption probe .
According to the affidavit , Huizar was recorded saying , “ And secondly , um , look , uh , I have a lot of expenses now that with @ @ @ @ @ @ @ Relative A-1 ] ’ s not going to be working anymore .
I ’ m gon na need money .
Um , that is mine , right ?
That is mine.
” According to the federal indictment , Huizar told federal prosecutors in April 2019 that he did not want the money and told Esparza it was all his , which prosecutors say was a lie .
Huizar was first elected in 2005 and was suspended after his arrest .
His seat on the city council remains vacant .
He is set to @ @ @ @ @ @ @ on Monday , Aug. 3 for his post-indictment arraignment .

A federal grand jury added 34 additional criminal charges against Los Angeles City Councilman Jose Huizar on Thursday in an ongoing corruption probe into a massive pay-to-play developer scheme.
LOS ANGELES (CN) — A federal grand jury added 34 additional criminal charges against Los Angeles City Councilman Jose Huizar on Thursday in an ongoing corruption probe into a massive pay-to-play developer scheme.
Last month, Huizar was arrested and charged with federal racketeering according to a criminal complaint that detailed bribes paid to the councilman for favorable votes on committees he sat on that would allow for developer projects to be built in his district.
A federal grand jury on Thursday returned a 34-count indictment against Huizar and claims over 402 overt acts by the councilman and his co-conspirators in a wide-ranging political corruption scheme.
Cash bribes were delivered to Huizar in liquor boxes, while $800,000 from an unnamed wealthy Chinese developer was used to settle a sexual harassment lawsuit for Huizar with a former aide in his council office.
In March, former councilman Mitch Englander pleaded guilty to obstructing a federal probe of his actions. Prosecutors say a real estate developer showered Englander with cash, trips and expensive meals.
In a separate plea agreement, Justin Jangwoo Kim — a 53-year-old real estate appraiser and political fundraiser — pleaded guilty to coordinating a bribe for an unnamed councilman to advance a developer’s project.
In May, real estate broker George Chiang pleaded guilty for his involvement in the pay-to-play scheme which prosecutors detailed in an indictment, which included a criminal enterprise perpetrated by an unnamed councilman.
Former Huizar aide George Esparza pleaded guilty to racketeering charges in a scheme to solicit and accept bribes on behalf of Huizar.
According to the grand jury indictment, one overt act included Huizar asking Chiang to book him a trip to Cuba for Huizar and a woman he was having a secret relationship with. Other overt acts ranged from official votes taken by Huizar to benefit developer projects to other less official acts, like requesting $1,000 for liquor or making sure that an unnamed lobbyist was using an encrypted texting app to communicate with him.
“Confide is good for texting because it is like Snap Chat...message disappears,” wrote Huizar.
The indictment also says Huizar used family members to launder money for him.
According to prosecutors, Huizar met with Esparza at his home and said he could keep $100,000 because Huizar expected a $400,000 bribe from the developer. Huizar told Esparza to hold onto the money until he asked for it.
But in December 2017, Huizar had trouble getting the money back and the two met at a private bathroom in city hall, where Esparza told Huizar about being questioned by the FBI in the ongoing corruption probe. According to the affidavit, Huizar was recorded saying, “And secondly, um, look, uh, I have a lot of expenses now that with [Relative A-1] running, [Relative A-1]’s not going to be working anymore. I’m gonna need money. Um, that is mine, right? That is mine.”
According to the federal indictment, Huizar told federal prosecutors in April 2019 that he did not want the money and told Esparza it was all his, which prosecutors say was a lie.
Huizar was first elected in 2005 and was suspended after his arrest. His seat on the city council remains vacant.
He is set to appear in a federal courtroom in LA on Monday, Aug. 3 for his post-indictment arraignment.


courthousenews--2020-08-01--Florida Reaches Record Number of Coronavirus Deaths

( CN ) — Florida recorded a record number of deaths from the coronavirus on Friday for the fourth day in a row as health officials scramble to contain the state ’ s second wave of cases .
The Florida Department of Health ’ s latest update reported 257 new deaths of residents , five more than Thursday and dozens more than Tuesday .
Due to the way the state gathers records , the deaths could have occurred days or even weeks earlier .
More than 6,800 Floridians have died from Covid-19 , the respiratory disease caused by the coronavirus @ @ @ @ @ @ @ Health officials recorded more than 9,000 new cases on Friday — down from the nearly daily 10,000-plus cases seen in the Sunshine State for weeks , but still higher than most states .
Miami-Dade , the state ’ s most populous county , continues to see the greatest number of cases despite a slower reopening than the rest of Florida .
Equally concerning for public health officials , the positivity rate among Floridians hovers around 19 % , according to data obtained by John Hopkins University , far higher than the 5 % @ @ @ @ @ @ @ and the World Health Organization .
“ We ’ re actually liking some of the trends we ’ ve been seeing , ” said Governor Ron DeSantis at a press conference on Friday , adding emergency room visits are down along with hospitalizations .
There are currently 8,200 people hospitalized with the coronavirus , state records show .
“ We believe we have momentum , ” DeSantis said .
“ I think there are a lot of positive indicators.
” The Republican governor has taken flack from Democrats and some health experts for @ @ @ @ @ @ @ his refusal to mandate face masks statewide .
Many cities and counties mandated face mask use in public places over the last three weeks to try and quell the spread of the coronavirus .
DeSantis also supports reopening schools in August .
Recent polls show DeSantis ’ popularity falling among Floridians .
In a Mason-Dixon poll released Friday , 49 % of respondents disapproved of the governor ’ s job performance with 45 % approving .
The polling firm ’ s earlier surveys before the pandemic showed DeSantis with an approval rating higher @ @ @ @ @ @ @ University poll put DeSantis ’ approval rating at 41 % .
That same poll found 79 % of Floridians think face masks should be mandated in public places and 62 % do not approve of opening schools .
“ Just a few months ago , Florida was a safe harbor for Covid refugees from up north , ” said Tim Malloy , a Quinnipiac University polling analyst .
“ Now , it registers a startling number of infections and the numbers say the buck stops at Governor DeSantis ’ desk in Tallahassee.
” @ @ @ @ @ @ @ said some state-run testing sites in South Florida will close due to the possible effects of Hurricane Isaias .
This will most certainly result in less reported cases for the next few days .
Delays in testing results have hampered state officials ’ efforts to contain the virus , DeSantis said .
“ Some of these tests that get reported , we ’ ll get data dumps for positives that were three weeks ago , ” he said .
“ So , first of all , for the patient to get their test @ @ @ @ @ @ @ really important .
But then that can be reported to the state , so if we know there are this many people that tested positive yesterday , that ’ s a much better way to understand how the pandemic is unfolding .
”

Florida recorded a record number of deaths from the coronavirus on Friday for the fourth day in a row as health officials scramble to contain the state’s second wave of cases.
(CN) — Florida recorded a record number of deaths from the coronavirus on Friday for the fourth day in a row as health officials scramble to contain the state’s second wave of cases.
The Florida Department of Health’s latest update reported 257 new deaths of residents, five more than Thursday and dozens more than Tuesday. Due to the way the state gathers records, the deaths could have occurred days or even weeks earlier.
More than 6,800 Floridians have died from Covid-19, the respiratory disease caused by the coronavirus and about 470,000 have contracted it.
Health officials recorded more than 9,000 new cases on Friday — down from the nearly daily 10,000-plus cases seen in the Sunshine State for weeks, but still higher than most states.
Miami-Dade, the state’s most populous county, continues to see the greatest number of cases despite a slower reopening than the rest of Florida.
Equally concerning for public health officials, the positivity rate among Floridians hovers around 19%, according to data obtained by John Hopkins University, far higher than the 5% recommended by the Centers for Disease Control and the World Health Organization.
“We’re actually liking some of the trends we’ve been seeing,” said Governor Ron DeSantis at a press conference on Friday, adding emergency room visits are down along with hospitalizations.
There are currently 8,200 people hospitalized with the coronavirus, state records show.
“We believe we have momentum,” DeSantis said. “I think there are a lot of positive indicators.”
The Republican governor has taken flack from Democrats and some health experts for his response to the pandemic, including his refusal to mandate face masks statewide. Many cities and counties mandated face mask use in public places over the last three weeks to try and quell the spread of the coronavirus. DeSantis also supports reopening schools in August.
Recent polls show DeSantis’ popularity falling among Floridians. In a Mason-Dixon poll released Friday, 49% of respondents disapproved of the governor’s job performance with 45% approving. The polling firm’s earlier surveys before the pandemic showed DeSantis with an approval rating higher than 60%.
A recent Quinnipiac University poll put DeSantis’ approval rating at 41%. That same poll found 79% of Floridians think face masks should be mandated in public places and 62% do not approve of opening schools.
“Just a few months ago, Florida was a safe harbor for Covid refugees from up north,” said Tim Malloy, a Quinnipiac University polling analyst. “Now, it registers a startling number of infections and the numbers say the buck stops at Governor DeSantis' desk in Tallahassee."
During the press conference Friday, DeSantis said some state-run testing sites in South Florida will close due to the possible effects of Hurricane Isaias. This will most certainly result in less reported cases for the next few days.
Delays in testing results have hampered state officials’ efforts to contain the virus, DeSantis said.
“Some of these tests that get reported, we’ll get data dumps for positives that were three weeks ago,” he said. “So, first of all, for the patient to get their test results in real time I think is really important. But then that can be reported to the state, so if we know there are this many people that tested positive yesterday, that’s a much better way to understand how the pandemic is unfolding.”


courthousenews--2020-07-31--Immigration Lawyers Seek to Halt In-Person Hearings Amid Covid Fears

( CN ) — New Jersey immigration lawyers say in a lawsuit filed Friday against the U.S. Justice Department that requires in-person immigration hearings unnecessarily puts their lives at risk during the coronavirus pandemic and seek an injunction barring in-court proceedings .
The Newark Immigration Court was closed to in-court proceedings in March following the Covid-19 outbreak , and after an immigration attorney and a staff member of the immigration prosecution office died of the virus .
The Justice Department ’ s Executive Office for Immigration Review , the federal agency responsible for directing and managing the immigration court system @ @ @ @ @ @ @ June 24 , without advance notice to immigration lawyers , EOIR announced on Twitter that it would reopen the Newark Immigration Court July 13 and resume hearings in cases involving non-detained immigrants .
Friday ’ s suit filed in the U.S. District Court for the District of New Jersey argues that the decision puts immigration attorneys at risk of contracting and spreading the disease .
Despite the risks posed by the spread of Covid-19 , “ and the actual serious illness and death it has already caused to people involved with the Newark @ @ @ @ @ @ @ reopened for immigration hearings regarding cases for persons who are not held in detention ( the so-called ‘ non-detained docket ’ ) , ” the attorney plaintiffs said in their complaint .
“ Moreover , even though immigration law and regulations provide for immigration hearings to take place by videoconference — and the Executive Office of Immigration Review , which operates the nation ’ s immigration courts , has touted its use of such videoconference hearings — the Newark Immigration Court does not provide the option for attorneys or others to appear by @ @ @ @ @ @ @ ” Named as plaintiff in the complaint is the New Jersey chapter of the American Immigration Lawyers Association on behalf of members Michael DiRaimondo , Brian O ’ Neill , and Elizabeth Trinidad .
The complaint was filed by attorneys Lawrence S. Lustberg and Michael R. Noveck of the Newark firm of Gibbons Law .
Named as plaintiffs are the Executive Office for Immigration Review , U.S. Attorney General William Barr , EOIR Director James McHenry , and David Cheng , assistant chief immigration judge for the Newark Immigration Court .
The U.S. @ @ @ @ @ @ @ a request for comment Friday from Courthouse News Service .
In their complaint , the plaintiffs argue that forcing attorneys to appear in court in person puts them at “ significant risk to their personal health and to the detriment of the overall public health.
” The complaint asserts that defendants violated the Administrative Procedure Act and violated the Due Process Clause and the Fifth Amendment of the U.S. Constitution .
They seek an order enjoining the defendants from conducting compelled , in-person immigration proceedings .
The plaintiffs say immigration lawyers face a @ @ @ @ @ @ @ pandemic .
Plaintiffs Trinidad and O ’ Neill , for example , were ordered to appear for in-person hearings on Monday , Aug. 3 , because their client did not consent to a telephonic hearing .
The judge made it clear the lawyers could face sanctions if they fail to appear in person .
EOIR regulates the immigration attorneys who practice before the nation ’ s immigration courts with a special set of rules , and it can restrict or prohibit attorneys from appearing in any immigration , the complaint states .
Thus @ @ @ @ @ @ @ ability to appear remotely by videoconference , ” the complaint adds , “ immigration attorneys who practice before the Newark Immigration Court now face an untenable dilemma : either appear in court and risk their health and the health of others , or fail to appear and risk sanctions for failure to comply with applicable rules of professional conduct .
”

New Jersey immigration lawyers say in a lawsuit filed Friday against the U.S. Justice Department that requires in-person immigration hearings unnecessarily puts their lives at risk during the coronavirus pandemic and seek an injunction barring in-court proceedings.
(CN) — New Jersey immigration lawyers say in a lawsuit filed Friday against the U.S. Justice Department that required in-person immigration hearings unnecessarily puts their lives at risk during the coronavirus pandemic and seek an injunction barring in-court proceedings.
The Newark Immigration Court was closed to in-court proceedings in March following the Covid-19 outbreak, and after an immigration attorney and a staff member of the immigration prosecution office died of the virus.
The Justice Department’s Executive Office for Immigration Review, the federal agency responsible for directing and managing the immigration court system, has since reversed that.
On June 24, without advance notice to immigration lawyers, EOIR announced on Twitter that it would reopen the Newark Immigration Court July 13 and resume hearings in cases involving non-detained immigrants.
Friday’s suit filed in the U.S. District Court for the District of New Jersey argues that the decision puts immigration attorneys at risk of contracting and spreading the disease.
Despite the risks posed by the spread of Covid-19, “and the actual serious illness and death it has already caused to people involved with the Newark Immigration Court, that court was recently reopened for immigration hearings regarding cases for persons who are not held in detention (the so-called ‘non-detained docket’),” the attorney plaintiffs said in their complaint.
“Moreover, even though immigration law and regulations provide for immigration hearings to take place by videoconference — and the Executive Office of Immigration Review, which operates the nation’s immigration courts, has touted its use of such videoconference hearings — the Newark Immigration Court does not provide the option for attorneys or others to appear by videoconference for cases on the non-detained docket.”
Named as plaintiff in the complaint is the New Jersey chapter of the American Immigration Lawyers Association on behalf of members Michael DiRaimondo, Brian O’Neill, and Elizabeth Trinidad. The complaint was filed by attorneys Lawrence S. Lustberg and Michael R. Noveck of the Newark firm of Gibbons Law.
Named as plaintiffs are the Executive Office for Immigration Review, U.S. Attorney General William Barr, EOIR Director James McHenry, and David Cheng, assistant chief immigration judge for the Newark Immigration Court.
The U.S. Justice Department did not immediately respond to a request for comment Friday from Courthouse News Service.
In their complaint, the plaintiffs argue that forcing attorneys to appear in court in person puts them at “significant risk to their personal health and to the detriment of the overall public health.”
The complaint asserts that defendants violated the Administrative Procedure Act and violated the Due Process Clause and the Fifth Amendment of the U.S. Constitution. They seek an order enjoining the defendants from conducting compelled, in-person immigration proceedings.
The plaintiffs say immigration lawyers face a serious dilemma with in-court proceedings during this pandemic. Plaintiffs Trinidad and O’Neill, for example, were ordered to appear for in-person hearings on Monday, Aug. 3, because their client did not consent to a telephonic hearing. The judge made it clear the lawyers could face sanctions if they fail to appear in person.
EOIR regulates the immigration attorneys who practice before the nation’s immigration courts with a special set of rules, and it can restrict or prohibit attorneys from appearing in any immigration, the complaint states.
Thus, “in the absence of the ability to appear remotely by videoconference,” the complaint adds, “immigration attorneys who practice before the Newark Immigration Court now face an untenable dilemma: either appear in court and risk their health and the health of others, or fail to appear and risk sanctions for failure to comply with applicable rules of professional conduct.”


courthousenews--2020-07-31--Despite Protective Equipment, Health Care Workers More Likely to Test Positive for Coronavirus

( CN ) — New research released Friday shows that frontline healthcare workers are three times more likely to test positive for Covid-19 despite the use of personal protective equipment .
A study published in the journal Lancet Public Health showed that even with adequate equipment , health care workers in the U.S. and U.K. had a higher risk of developing Covid-19 symptoms and testing positive for the virus .
Front-line healthcare workers who lacked adequate PPE or were forced to re-use equipment had an even higher risk , and workers from Black , Asian and minority backgrounds were even @ @ @ @ @ @ @ study showed that non-white healthcare workers were five times more likely to be infected or exposed than the general public .
Using the Covid Symptom Tracker App , researchers from King ’ s College London and Harvard looked at data from 2,035,395 individuals and 99,795 front-line health care workers in the two countries .
The prevalence of Covid-19 was 2,747 cases per 100,000 front-line health care workers , compared with 242 cases per 100,000 people in the general community .
“ The findings of our study have tremendous impact for healthcare workers and @ @ @ @ @ @ @ revealing that there is still an elevated risk of SARS-CoV-2 infection despite availability of PPE , ” said Sebastien Ourselin , senior author and professor from King ’ s College London .
Researchers pointed out that the study shows the importance of not only providing healthcare workers with sufficient PPE , but also the need for additional strategies to protect healthcare workers , such as ensuring correct application and removal of such equipment and avoiding reuse , which was associated with increased risk .
An American Nurses Association survey in June found that @ @ @ @ @ @ @ are required or encouraged to reuse single-use PPE such as N95 masks , with 59 % saying this made them feel unsafe .
Nurses also reported that health care facilities are decontaminating N95 masks , which under normal circumstances are intended to be destroyed after use to prevent the spread of disease .
Professor Ourselin also noted that members of the Black , Asian and minority communities , “ experience elevated risk of infection and in some cases lack access to adequate PPE , or frequently reuse equipment.
” “ The work is @ @ @ @ @ @ @ reported higher death rates among healthcare workers from BAME backgrounds .
Hopefully a better understanding of the factors contributing to these disparities will inform efforts to better protect workers , ” joint author Mark Graham from King ’ s College London stated .

New research released Friday shows that frontline health care workers are three times more likely to test positive for Covid-19 despite the use of personal protective equipment.
(CN) — New research released Friday shows that frontline health care workers are three times more likely to test positive for Covid-19 despite the use of personal protective equipment.
A study published in the journal Lancet Public Health showed that even with adequate equipment, health care workers in the U.S. and U.K. had a higher risk of developing Covid-19 symptoms and testing positive for the virus.
Front-line health care workers who lacked adequate PPE or were forced to re-use equipment had an even higher risk, and workers from Black, Asian and minority backgrounds were even more likely to test positive. The study showed that non-white health care workers were five times more likely to be infected or exposed than the general public.
Using the Covid Symptom Tracker App, researchers from King’s College London and Harvard looked at data from 2,035,395 individuals and 99,795 front-line health care workers in the two countries. The prevalence of Covid-19 was 2,747 cases per 100,000 front-line health care workers, compared with 242 cases per 100,000 people in the general community.
“The findings of our study have tremendous impact for healthcare workers and hospitals. The data is clear in revealing that there is still an elevated risk of SARS-CoV-2 infection despite availability of PPE,” said Sebastien Ourselin, senior author and professor from King's College London.
Researchers pointed out that the study shows the importance of not only providing health care workers with sufficient PPE, but also the need for additional strategies to protect health care workers, such as ensuring correct application and removal of such equipment and avoiding reuse, which was associated with increased risk.
An American Nurses Association survey in June found that 79% of surveyed nurses said they are required or encouraged to reuse single-use PPE such as N95 masks, with 59% saying this made them feel unsafe. Nurses also reported that health care facilities are decontaminating N95 masks, which under normal circumstances are intended to be destroyed after use to prevent the spread of disease.
Professor Ourselin also noted that members of the Black, Asian and minority communities, “experience elevated risk of infection and in some cases lack access to adequate PPE, or frequently reuse equipment.”
“The work is important in the context of the widely reported higher death rates among healthcare workers from BAME backgrounds. Hopefully a better understanding of the factors contributing to these disparities will inform efforts to better protect workers,” joint author Mark Graham from King’s College London stated.


Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight CNS stories for today including the Eurozone suffered a record 12.1 % drop in economic activity ; The American Civil Liberties Union may soon be the arbiter of who is and isn ’ t a journalist at Portland protests ; Public health officials emphasized repeatedly to Congress that mask wearing , social distancing and proper hygiene are the keys to escaping the coronavirus crisis faster , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to @ @ @ @ @ @ @ . )
While the world awaits a vaccine for Covid-19 and the U.S. struggles to tamp down the spread in its borders , the senior-most public health officials of the Trump administration emphasized repeatedly to Congress on Friday that mask wearing , social distancing and proper hygiene are the keys to escaping the crisis faster .
2 . )
Attorneys for President Donald Trump ’ s re-election campaign argued Friday before a Minnesota judge to prevent the relaxation of restrictions on absentee voting in the state .
3 . )
The day after @ @ @ @ @ @ @ her case , Jeffrey Epstein ’ s accused accomplice Ghislaine Maxwell scored a win Friday in her quest to delay the release of a deposition said to incriminate her .
4 . )
The American Civil Liberties Union may soon be the arbiter of who is and isn ’ t a journalist at Portland protests , with a federal judge floating the idea of requiring journalists to be identified by the organization ’ s blue vests in order to avoid assault or arrest by federal agents under the court ’ s temporary restraining @ @ @ @ @ @ @ eve of New York ’ s deadline for school districts to submit reopening plans for September , New York City Mayor Bill de Blasio emphasized Friday that school staffers will get priority for free coronavirus testing and 24-hour turnaround on their results .
6 . )
Europe ’ s 19-country Eurozone economy suffered a record 12.1 % drop in economic activity during the months when most of the continent was shut down to stop the spread of the novel coronavirus .
7 . )
The three-month containment orders against Covid-19 in El Salvador @ @ @ @ @ @ @ National Assembly undid them .
Now , new cases and deaths are soaring even throughout tiny villages , the meager isolated hamlets on rocky hillsides .
8 . )
Plagued by technical issues and mired in controversies , the selection process for the next prosecutor of the International Criminal Court includes an uphill battle against political infighting , sexual harassment allegations and Covid-19 .

Top eight CNS stories for today including the Eurozone suffered a record 12.1% drop in economic activity; The American Civil Liberties Union may soon be the arbiter of who is and isn’t a journalist at Portland protests; Public health officials emphasized repeatedly to Congress that mask wearing, social distancing and proper hygiene are the keys to escaping the coronavirus crisis faster, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight CNS stories for today including the Eurozone suffered a record 12.1% drop in economic activity; The American Civil Liberties Union may soon be the arbiter of who is and isn’t a journalist at Portland protests; Public health officials emphasized repeatedly to Congress that mask wearing, social distancing and proper hygiene are the keys to escaping the coronavirus crisis faster, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) While the world awaits a vaccine for Covid-19 and the U.S. struggles to tamp down the spread in its borders, the senior-most public health officials of the Trump administration emphasized repeatedly to Congress on Friday that mask wearing, social distancing and proper hygiene are the keys to escaping the crisis faster.
Dr. Anthony Fauci, director of the National Institute for Allergy and Infectious Diseases, arrives to a House Select Subcommittee hearing on the Coronavirus, Friday, July 31, 2020 on Capitol Hill in Washington. (Erin Scott/Pool via AP)
2.) Attorneys for President Donald Trump’s re-election campaign argued Friday before a Minnesota judge to prevent the relaxation of restrictions on absentee voting in the state.
FILE - In this July 7, 2020, file photo a woman wearing gloves drops off a mail-in ballot at a drop box in Hackensack, N.J. The November election is coming with a big price tag as America faces the coronavirus pandemic. The demand for mail-in ballots is surging, election workers are in need of training and polling booths might have to be outfitted with protective shields. (AP Photo/Seth Wenig, File)
3.) The day after the release of dozens of files in her case, Jeffrey Epstein’s accused accomplice Ghislaine Maxwell scored a win Friday in her quest to delay the release of a deposition said to incriminate her.
FILE - In this Sept. 2, 2000 file photo, British socialite Ghislaine Maxwell, driven by Britain's Prince Andrew leaves the wedding of a former girlfriend of the prince, Aurelia Cecil, at the Parish Church of St Michael in Compton Chamberlayne near Salisbury, England. The FBI said Thursday July 2, 2020, Ghislaine Maxwell, who was accused by many women of helping procure underage sex partners for Jeffrey Epstein, has been arrested in New Hampshire. (Chris Ison/PA via AP, File)
Regional
4.) The American Civil Liberties Union may soon be the arbiter of who is and isn’t a journalist at Portland protests, with a federal judge floating the idea of requiring journalists to be identified by the organization’s blue vests in order to avoid assault or arrest by federal agents under the court’s temporary restraining order.
Federal officers advance on protesters during a Black Lives Matter demonstration at the Mark O. Hatfield U.S. Courthouse on Saturday, July 25, 2020, in Portland, Ore. On the streets of Portland, a strange armed conflict unfolds night after night. It is raw, frightening and painful on both sides of an iron fence separating the protesters on the outside and federal agents guarding a courthouse inside. This weekend, journalists for The Associated Press spent the weekend both outside, with the protesters, and inside the courthouse, with the federal agents, documenting the fight that has become an unlikely centerpiece of the protest movement gripping America. (AP Photo/Marcio Jose Sanchez)
5.) On the eve of New York’s deadline for school districts to submit reopening plans for September, New York City Mayor Bill de Blasio emphasized Friday that school staffers will get priority for free coronavirus testing and 24-hour turnaround on their results.
Screenshot of New York City Mayor Bill de Blasio at a Wednesday, July 7, press conference on reopening schools.
International
6.) Europe’s 19-country Eurozone economy suffered a record 12.1% drop in economic activity during the months when most of the continent was shut down to stop the spread of the novel coronavirus.
People wearing face masks stay at the beach in Barbate, Cadiz province, south of Spain, on Saturday, July 25, 2020. Ministers are set to remove Spain from the Government's list of safe countries to travel to after the European country saw a rise in Covid-19 cases. The decision means those coming back from Spain will have to self-isolate for two weeks upon their return to England. (AP Photo/Emilio Morenatti)
7.) The three-month containment orders against Covid-19 in El Salvador had been a success until a hostile National Assembly undid them. Now, new cases and deaths are soaring even throughout tiny villages, the meager isolated hamlets on rocky hillsides.
A home in El Salvador ruined by tropical storm Amanda in spring 2020. (Photo by El Faro, with permission via Courthouse News)
8.) Plagued by technical issues and mired in controversies, the selection process for the next prosecutor of the International Criminal Court includes an uphill battle against political infighting, sexual harassment allegations and Covid-19.


courthousenews--2020-07-31--Ninth Circuit Affirms Dismissal of Stormy Daniels’ Defamation Lawsuit Against Trump

PASADENA , Calif. ( CN ) — A Ninth Circuit panel on Friday upheld a decision to toss porn actress Stormy Daniels ’ defamation lawsuit against President Donald Trump , finding he was merely expressing his opinion when he questioned Daniels ’ story of being threatened to keep quiet about an alleged affair between them .
Daniels , real name Stephanie Clifford , claimed a man threatened her in a Las Vegas parking lot in 2011 to keep quiet about an intimate relationship she allegedly had with Trump beginning five years before .
After Daniels and her then-attorney Michael Avenatti @ @ @ @ @ @ @ the man who she claimed threatened her , a Twitter user posted a comparison between Daniels ’ ex-husband and the alleged attacker .
Trump replied to that user ’ s post on Twitter and wrote , “ A sketch years later about a nonexistent man .
A total con job , playing the Fake News Media for Fools ( but they know it ) !
” Daniels sued for defamation , saying Trump ’ s tweet painted her as fabricating both the crime and the existence of an assailant .
In 2018 , @ @ @ @ @ @ @ the claims under the Texas Citizens Participation Act , finding Daniels failed to make a proper claim under the Texas law where she lives .
Daniels appealed to the Ninth Circuit , arguing the TCPA , Texas ’ s version of an anti-SLAPP statute , should never have been applied in federal court .
She sought reversal of Otero ’ s ruling in order to proceed to discovery and a trial on the merits of her claim .
At a Feb. 4 hearing before the Ninth Circuit in Pasadena , California , Trump @ @ @ @ @ @ @ president has a right to tweet any opinion or hyperbole and that Daniels failed to show the president acted with any malice .
The three-judge Ninth Circuit panel on Friday sided with Harder ’ s argument , affirming Otero ’ s ruling and finding Daniels ’ complaint failed to plead an actionable false statement by Trump .
“ Under Texas law , a statement that merely interprets disclosed facts is an opinion , and , as noted , statements of opinion can not form the basis of a defamation claim , ” the @ @ @ @ @ @ @ eyes of an objectively reasonable reader , the tweet here reflects Mr. Trump ’ s opinion about the implications of the allegedly similar appearances of Ms. Clifford ’ s ex-husband and the man in the sketch.
” Harder did not immediately respond to a request for comment .
The 8-page unsigned and unpublished opinion by U.S .
Circuit Judges Kim Wardlaw and Jacqueline Nguyen and Chief U.S .
Circuit Judge Sidney Thomas also said Trump ’ s tweet didn ’ t contain any facts that had not already been disclosed publicly .
“ @ @ @ @ @ @ @ was displayed immediately below Mr. Trump ’ s tweet , the reader was provided with the information underlying the allegedly defamatory statement and was free to draw his or her own conclusions , ” the opinion said .
Further , Otero did not abuse his discretion when he denied Daniels leave to amend her complaint , the panel held .
Daniels ’ present attorney Clark Brewster did not immediately respond to a request for comment on the ruling .
Nguyen is a Barack Obama appointee while both Thomas and Wardlaw were appointed by @ @ @ @ @ @ @ was filed as part of her federal lawsuit against Trump in which she sought release from a nondisclosure agreement she signed to keep quiet about her alleged affair with the president .
Otero dismissed that lawsuit as moot and awarded Trump ’ s legal team attorneys fees after the president filed a covenant with the court asserting the agreement with Daniels was unenforceable .

A Ninth Circuit panel on Friday upheld a decision to toss porn actress Stormy Daniels’ defamation lawsuit against President Donald Trump, finding he was merely expressing his opinion when he questioned Daniels’ story of being threatened to keep quiet about an alleged affair between them.
PASADENA, Calif. (CN) — A Ninth Circuit panel on Friday upheld a decision to toss porn actress Stormy Daniels’ defamation lawsuit against President Donald Trump, finding he was merely expressing his opinion when he questioned Daniels’ story of being threatened to keep quiet about an alleged affair between them.
Daniels, real name Stephanie Clifford, claimed a man threatened her in a Las Vegas parking lot in 2011 to keep quiet about an intimate relationship she allegedly had with Trump beginning five years before.
After Daniels and her then-attorney Michael Avenatti released an artist’s sketch of the man who she claimed threatened her, a Twitter user posted a comparison between Daniels’ ex-husband and the alleged attacker.
Trump replied to that user’s post on Twitter and wrote, “A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!”
Daniels sued for defamation, saying Trump’s tweet painted her as fabricating both the crime and the existence of an assailant.
In 2018, U.S. District Judge S. James Otero dismissed the claims under the Texas Citizens Participation Act, finding Daniels failed to make a proper claim under the Texas law where she lives.
Daniels appealed to the Ninth Circuit, arguing the TCPA, Texas’s version of an anti-SLAPP statute, should never have been applied in federal court. She sought reversal of Otero’s ruling in order to proceed to discovery and a trial on the merits of her claim.
At a Feb. 4 hearing before the Ninth Circuit in Pasadena, California, Trump’s attorney Charles Harder said the president has a right to tweet any opinion or hyperbole and that Daniels failed to show the president acted with any malice.
The three-judge Ninth Circuit panel on Friday sided with Harder’s argument, affirming Otero’s ruling and finding Daniels’ complaint failed to plead an actionable false statement by Trump.
“Under Texas law, a statement that merely interprets disclosed facts is an opinion, and, as noted, statements of opinion cannot form the basis of a defamation claim,” the ruling stated. “Viewed through the eyes of an objectively reasonable reader, the tweet here reflects Mr. Trump’s opinion about the implications of the allegedly similar appearances of Ms. Clifford’s ex-husband and the man in the sketch.”
Harder did not immediately respond to a request for comment.
The 8-page unsigned and unpublished opinion by U.S. Circuit Judges Kim Wardlaw and Jacqueline Nguyen and Chief U.S. Circuit Judge Sidney Thomas also said Trump’s tweet didn’t contain any facts that had not already been disclosed publicly.
“Because the tweet juxtaposing the two images was displayed immediately below Mr. Trump’s tweet, the reader was provided with the information underlying the allegedly defamatory statement and was free to draw his or her own conclusions,” the opinion said.
Further, Otero did not abuse his discretion when he denied Daniels leave to amend her complaint, the panel held.
Daniels’ present attorney Clark Brewster did not immediately respond to a request for comment on the ruling.
Nguyen is a Barack Obama appointee while both Thomas and Wardlaw were appointed by Bill Clinton.
Daniels’ defamation claim was filed as part of her federal lawsuit against Trump in which she sought release from a nondisclosure agreement she signed to keep quiet about her alleged affair with the president.
Otero dismissed that lawsuit as moot and awarded Trump’s legal team attorneys fees after the president filed a covenant with the court asserting the agreement with Daniels was unenforceable.


courthousenews--2020-07-31--California Courts Covid Update

California Courts Covid Update

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courthousenews--2020-07-31--Report: Hundreds Infected With Virus in Georgia Camp Outbreak

ATLANTA ( CN ) — Hundreds of attendees and staff members at a Georgia sleepaway camp were infected with coronavirus in the four days before the camp was shut down , a report released Friday by the Centers for Disease Control and Prevention found .
According to the report , 344 of the 597 children , staff members and trainees who attended the camp identified only as “ Camp A ” were tested and 260 tested positive for the virus .
Officials began sending campers home on June 24 , three days after the camp session started , when a @ @ @ @ @ @ @ .
The camp was closed on June 27 .
Of those who tested positive for the virus , 231 were aged 17 or younger .
“ This investigation adds to the body of evidence demonstrating that children of all ages are susceptible to SARS-CoV-2 infection and , contrary to early reports , might play an important role in transmission , ” the CDC report states .
Among the 136 cases with available symptom data , the report said that about a quarter of patients reported no symptoms at all .
The CDC notes @ @ @ @ @ @ @ the undetected transmission of the virus .
The most common symptoms reported by the 100 children and staff members who said they experienced any were fever ( 65 % ) , headache ( 61 % ) , and sore throat ( 46 % ) .
The report found that the safety measures taken by the camp to prevent the spread of Covid-19 were insufficient .
“ Relatively large cohorts sleeping in the same cabin and engaging in regular singing and cheering likely contributed to transmission , ” it states .
The information released @ @ @ @ @ @ @ occupied 31 cabins with an average of 15 people per cabin .
Under Republican Governor Brian Kemp ’ s executive orders , overnight summer camps in Georgia were allowed to open on May 31 .
Kemp ’ s guidelines said all campers and staff members were required to test negative for the virus before attending the camp .
The guidelines also emphasized rigorous sanitization schedules and social distancing .
The camp followed guidelines laid out by the governor ’ s office , the report said , but ignored CDC recommendations for universal mask @ @ @ @ @ @ @ .
Although staff were required to wear masks , campers were not .
“ These findings demonstrate that SARS-CoV-2 spread efficiently in a youth-centric overnight setting , resulting in high attack rates among persons in all age groups , despite efforts by camp officials to implement most recommended strategies to prevent transmission , ” the report said .
“ Settings , like multi-day , overnight summer camps , pose a unique challenge when it comes to preventing the spread of infectious diseases considering the amount of time campers and staff members spend in @ @ @ @ @ @ @ in a statement Friday .
The agency said consistent use of cloth masks , frequent sanitization , social distancing , and frequent hand-washing “ are critical to prevent transmission of the virus in settings involving children and are our greatest tools to prevent Covid-19.
” The report indicated that the CDC ’ s investigation into the outbreak is ongoing and will “ further characterize specific exposures associated with infection , illness course , and any secondary transmission to household members .
”

Hundreds of attendees and staff members at a Georgia sleepaway camp were infected with coronavirus in the four days before the camp was shut down, a report released Friday by the Centers for Disease Control and Prevention found.
ATLANTA (CN) — Hundreds of attendees and staff members at a Georgia sleep-away camp were infected with coronavirus in the four days before the camp was shut down, a report released Friday by the Centers for Disease Control and Prevention found.
According to the report, 344 of the 597 children, staff members and trainees who attended the camp identified only as “Camp A” were tested and 260 tested positive for the virus.
Officials began sending campers home on June 24, three days after the camp session started, when a teen staff member tested positive for Covid-19. The camp was closed on June 27.
Of those who tested positive for the virus, 231 were aged 17 or younger.
“This investigation adds to the body of evidence demonstrating that children of all ages are susceptible to SARS-CoV-2 infection and, contrary to early reports, might play an important role in transmission,” the CDC report states.
Among the 136 cases with available symptom data, the report said that about a quarter of patients reported no symptoms at all.
The CDC notes that asymptomatic infections may have contributed to the undetected transmission of the virus.
The most common symptoms reported by the 100 children and staff members who said they experienced any were fever (65%), headache (61%), and sore throat (46%).
The report found that the safety measures taken by the camp to prevent the spread of Covid-19 were insufficient.
“Relatively large cohorts sleeping in the same cabin and engaging in regular singing and cheering likely contributed to transmission,” it states.
The information released by the CDC reveals that camp attendees occupied 31 cabins with an average of 15 people per cabin.
Under Republican Governor Brian Kemp’s executive orders, overnight summer camps in Georgia were allowed to open on May 31. Kemp’s guidelines said all campers and staff members were required to test negative for the virus before attending the camp.
The guidelines also emphasized rigorous sanitization schedules and social distancing.
The camp followed guidelines laid out by the governor’s office, the report said, but ignored CDC recommendations for universal mask use and increased ventilation in its buildings. Although staff were required to wear masks, campers were not.
"These findings demonstrate that SARS-CoV-2 spread efficiently in a youth-centric overnight setting, resulting in high attack rates among persons in all age groups, despite efforts by camp officials to implement most recommended strategies to prevent transmission," the report said.
“Settings, like multi-day, overnight summer camps, pose a unique challenge when it comes to preventing the spread of infectious diseases considering the amount of time campers and staff members spend in close proximity,” the CDC said in a statement Friday.
The agency said consistent use of cloth masks, frequent sanitization, social distancing, and frequent hand-washing “are critical to prevent transmission of the virus in settings involving children and are our greatest tools to prevent Covid-19.”
The report indicated that the CDC’s investigation into the outbreak is ongoing and will “further characterize specific exposures associated with infection, illness course, and any secondary transmission to household members.”