courthousenews--2020-12-08--New LA County DA Ends Cash Bail on First Day in Office

LOS ANGELES ( CN ) — On his first day on the job as Los Angeles County ’ s top prosecutor , George Gascón says the district attorney ’ s office will no longer ask for cash bail for nonviolent felony charges , seek the death penalty or charge children as adults .
Gascón , the former San Francisco DA , unseated Jackie Lacey last month in a closely watched race that pitted an incumbent prosecutor against a reform challenger .
He was sworn in Monday and promised to “ change course and implement a system of justice that will @ @ @ @ @ @ @ he takes the helm of one of the nation ’ s largest prosecutor ’ s offices .
“ Today we are confronting the lie that stripping entire communities of their liberties somehow made us safer — and we ’ re doing it with science , research , and data , ” Gascón said in a statement .
“ For decades those who profit off incarceration have used their enormous political influence — cloaked in the false veil of safety — to scare the public and our elected officials into backing racist policies that @ @ @ @ @ @ @ shattered our moral compass .
That lie and the harm it caused ends now.
” The turning tide promised by Gascón garnered an immediate reaction from law enforcement representatives .
The LA Police Protective League , a union representing local police officers , called Gascón ’ s ending of cash bail “ disturbing ” and said pushing LA County into the progressive direction San Francisco followed would be “ disastrous.
” “ The new DA talks a good game , but his plans will do nothing but further victimize ” LA County residents @ @ @ @ @ @ @ union said in a statement .
The police union did not immediately respond to news that the DA ’ s office will form a board to review deadly police shootings going back to 2012 , which is when Lacey first took office .
The University of California , Irvine , criminal justice clinic said it assist the board .
Gascón , a Cuban-born immigrant , served as an assistant police chief with the LAPD and then police chief in Mesa , Arizona , before serving as police chief in San Francisco from 2009 @ @ @ @ @ @ @ San Francisco DA by then-Mayor Gavin Newsom to fill the vacancy left by Kamala Harris when she was elected as California attorney general .
Gascón ’ s pull toward LA County was in part encouraged by local activists who sought a candidate to challenge Lacey , including the Black Lives Matter-LA chapter .
The DA race played out amidst a backdrop of demands across the country for criminal justice reform over the murder of unarmed Black people .
For the last three years , local activists rallied outside Lacey ’ s downtown offices @ @ @ @ @ @ @ discuss the killing of unarmed Black and brown civilians by police .
Families whose loved ones were killed by police also wanted to know why the DA ’ s office was unwilling to bring charges against police over the shootings of unarmed people .
Under Lacey ’ s command , the DA office only brought charges against one police officer in the shooting death of a driver who fled during a traffic stop .
In a letter addressed to LA County police officers , Gascón said during his career as a police officer @ @ @ @ @ @ @ become a fierce advocate for good policing for largely the same reasons I seek to hold bad police accountable .
It ’ s not simply because I believe Black Lives Matter , or because of the oath I will take today to uphold the Constitution and ensure equal justice under the law.
” He said problem officers severely hinder law enforcement ’ s standing in the community .
“ We are all scarred by their misdeeds , leading many in our communities to perceive police as persecutors instead of protectors , ” said @ @ @ @ @ @ @ , “ 40 years ago I walked my first beat as a young police officer .
Today , I was sworn in as the 43rd District Attorney of Los Angeles.
” His campaign and win is widely viewed as an indictment of Lacey ’ s role as a prosecutor who did not change fast enough for a county of 10 million that sought a more progressive approach to criminal justice .
Lacey , the first Black prosecutor and first woman to hold the office , conceded the race to Gascón last month .
@ @ @ @ @ @ @ Lacey ’ s 1.7 million , according to the county ’ s election results .
Along with doing away cash bail , Gascón said his office would ensure a better response to reach out to victims of sexual assault , will stop charging low-level offenses connected to poverty , addiction , mental illness and homelessness , according to a statement from his transition team .
His office will also emphasize resentencing for people convicted of nonviolent crimes and are deemed low risk or those with records of rehabilitation .

On his first day on the job as Los Angeles County’s top prosecutor, George Gascón says the district attorney’s office will no longer ask for cash bail for nonviolent felony charges, seek the death penalty or charge children as adults.
LOS ANGELES (CN) — On his first day on the job as Los Angeles County’s top prosecutor, George Gascón says the district attorney’s office will no longer ask for cash bail for nonviolent felony charges, seek the death penalty or charge children as adults.
Gascón, the former San Francisco DA, unseated Jackie Lacey last month in a closely watched race that pitted an incumbent prosecutor against a reform challenger.
He was sworn in Monday and promised to “change course and implement a system of justice that will enhance our safety and humanity” as he takes the helm of one of the nation’s largest prosecutor’s offices.
"Today we are confronting the lie that stripping entire communities of their liberties somehow made us safer — and we're doing it with science, research, and data,” Gascón said in a statement. “For decades those who profit off incarceration have used their enormous political influence — cloaked in the false veil of safety — to scare the public and our elected officials into backing racist policies that created more victims, destroyed budgets and shattered our moral compass. That lie and the harm it caused ends now.”
The turning tide promised by Gascón garnered an immediate reaction from law enforcement representatives. The LA Police Protective League, a union representing local police officers, called Gascón’s ending of cash bail “disturbing” and said pushing LA County into the progressive direction San Francisco followed would be “disastrous.”
“The new DA talks a good game, but his plans will do nothing but further victimize” LA County residents including people of color, the police union said in a statement.
The police union did not immediately respond to news that the DA’s office will form a board to review deadly police shootings going back to 2012, which is when Lacey first took office. The University of California, Irvine, criminal justice clinic said it assist the board.
Gascón, a Cuban-born immigrant, served as an assistant police chief with the LAPD and then police chief in Mesa, Arizona, before serving as police chief in San Francisco from 2009 to 2011.
He was appointed as San Francisco DA by then-Mayor Gavin Newsom to fill the vacancy left by Kamala Harris when she was elected as California attorney general.
Gascón’s pull toward LA County was in part encouraged by local activists who sought a candidate to challenge Lacey, including the Black Lives Matter-LA chapter.
The DA race played out amidst a backdrop of demands across the country for criminal justice reform over the murder of unarmed Black people.
For the last three years, local activists rallied outside Lacey’s downtown offices to demand an audience with her to discuss the killing of unarmed Black and brown civilians by police. Families whose loved ones were killed by police also wanted to know why the DA’s office was unwilling to bring charges against police over the shootings of unarmed people.
Under Lacey’s command, the DA office only brought charges against one police officer in the shooting death of a driver who fled during a traffic stop.
In a letter addressed to LA County police officers, Gascón said during his career as a police officer and then DA he’s “become a fierce advocate for good policing for largely the same reasons I seek to hold bad police accountable. It's not simply because I believe Black Lives Matter, or because of the oath I will take today to uphold the Constitution and ensure equal justice under the law.”
He said problem officers severely hinder law enforcement’s standing in the community.
“We are all scarred by their misdeeds, leading many in our communities to perceive police as persecutors instead of protectors,” said Gascón.
In a tweet Gascón wrote, “40 years ago I walked my first beat as a young police officer. Today, I was sworn in as the 43rd District Attorney of Los Angeles.”
His campaign and win is widely viewed as an indictment of Lacey’s role as a prosecutor who did not change fast enough for a county of 10 million that sought a more progressive approach to criminal justice.
Lacey, the first Black prosecutor and first woman to hold the office, conceded the race to Gascón last month. He won roughly 2 million votes to Lacey’s 1.7 million, according to the county’s election results.
Along with doing away cash bail, Gascón said his office would ensure a better response to reach out to victims of sexual assault, will stop charging low-level offenses connected to poverty, addiction, mental illness and homelessness, according to a statement from his transition team.
His office will also emphasize resentencing for people convicted of nonviolent crimes and are deemed low risk or those with records of rehabilitation.


courthousenews--2020-12-08--California Courts Covid Update

California Courts Covid Update

Dec. 4 , 2020 : Order regarding accelerated release of inmates due to Covid-19 Dec. 1 , 2020 : Amendment @ @ @ @ @ case management conferences due to the pandemic , effective through March 31 , 2021 Dec. @ @ @ @ @ suspends jury trials through end of year due to pandemic

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


courthousenews--2020-12-07--Senate Keeps Seating Judges in Lame-Duck Session, Close to Approving Federal Claims Pick

WASHINGTON ( CN ) — The Senate is poised to put another Trump nominee on the federal bench as the president ’ s time in office draws to an end , agreeing to limit debate on his pick for the U.S. Federal Claims court in a 48-46 vote .
Stephen Schwartz , a former partner at the Washington firm Schaerr Duncan , will serve a 15-year term on the specialty court that hears lawsuits raising monetary claims against the federal government .
Schwartz , 36 , is a member of the Federalist Society , a conservative legal activist group that @ @ @ @ @ @ @ President Donald Trump ’ s judicial appointments .
He will fill one of six vacancies on the court that he has never argued before .
He spent just nine years practicing law before his 2017 nomination to the Court of Federal Claims .
In that time , he took several questionable cases Democrats highlighted during one of his nomination hearings : he helped draft a Supreme Court brief arguing against letting a transgender teen use the boys ’ bathroom at school and worked on another defending a North Carolina voter ID law that @ @ @ @ @ @ @ “ with almost surgical precision.
” In law school , Schwartz wrote in support of some controversial positions , including arguing there was no constitutional basis for the creation of the Transportation , Agriculture and Education departments .
He also penned articles arguing for the elimination of Social Security .
He was renominated last year after his first nomination made it out of the Senate Judiciary Committee got stalled at the end of a busy Senate term .
The Senate vote to confirm Schwartz comes amid a record number of daily Covid-19 infections @ @ @ @ @ @ @ new cases were reported nationwide on Sunday – and continued negotiations between lawmakers on additional legislative relief .
Senate and House leadership also are at odds over passing next year ’ s federal budget .
Last week , a bipartisan coalition presented a $ 908 billion relief framework , which Speaker of the House Nancy Pelosi has endorsed .
Pelosi ’ s home state of California entered a new phase of lockdowns Monday complete with stay-at-home orders , as hospitalizations reach record highs and testing positivity rates top 10 % .
Senator Patrick @ @ @ @ @ @ @ said Monday that his GOP colleagues should stop stalling passage of the Heroes Act – a $ 3 trillion relief bill House Democrats passed in May – by focusing on other business like confirming judges .
“ Why aren ’ t we voting ?
” Leahy said .
“ Look what happens .
We can ’ t bring ourselves to actually vote on something to help Americans , help people of our own states.
” Senate Majority Leader Mitch McConnell of Kentucky said from the chamber floor that targeted Covid-19 relief packages had @ @ @ @ @ @ @ one that provided broad immunity protections for businesses from being sued by infected employees – but Democrats blocked that package and another in October in a push to extend Paycheck Protection Program payments .
But Senate Minority Leader Chuck Schumer of New York noted it was Republican leadership that decided to adjourn the Senate as Covid-19 cases rose this summer , accusing his counterparts of only offering one-sided bills that excluded Democratic input .
“ While the nation has been clamoring for a bipartisan solution , the Senate , under the leadership of @ @ @ @ @ @ @ allowed to vote on partisan , Republican proposals , each of which has been sorely inadequate and each of which has contained poison pills designed to ensure the bill ’ s failure , ” Schumer said .
“ The Republican leader never mentions those poison pills in his speeches to this chamber , where he excoriates Democrats for refusing to pass ‘ bipartisan legislation that everyone agrees on.
’ ” As for government funding , McConnell said he hoped a full funding package would come to the floor for a vote in both @ @ @ @ @ @ @ one-week stopgap bill would likely be passed this week to prevent a government shutdown on Friday , with lawmakers working into next week to draft a larger plan .
“ The nation needs our Democratic colleagues to resist the temptation to play brinkmanship with long-settled policy issues , or push poison pill riders that they know would tank the process , ” McConnell said .

The Senate is poised to put another Trump nominee on the federal bench as the president’s time in office draws to an end, agreeing to limit debate on his pick for the U.S. Federal Claims court in a 48-46 vote.
WASHINGTON (CN) — The Senate is poised to put another Trump nominee on the federal bench as the president’s time in office draws to an end, agreeing to limit debate on his pick for the U.S. Federal Claims court in a 48-46 vote.
Stephen Schwartz, a former partner at the Washington firm Schaerr Duncan, will serve a 15-year term on the specialty court that hears lawsuits raising monetary claims against the federal government.
Schwartz, 36, is a member of the Federalist Society, a conservative legal activist group that has played a big role in shaping President Donald Trump’s judicial appointments.
He will fill one of six vacancies on the court that he has never argued before. He spent just nine years practicing law before his 2017 nomination to the Court of Federal Claims. In that time, he took several questionable cases Democrats highlighted during one of his nomination hearings: he helped draft a Supreme Court brief arguing against letting a transgender teen use the boys’ bathroom at school and worked on another defending a North Carolina voter ID law that the Fourth Circuit found targeted Black voters “with almost surgical precision.”
In law school, Schwartz wrote in support of some controversial positions, including arguing there was no constitutional basis for the creation of the Transportation, Agriculture and Education departments. He also penned articles arguing for the elimination of Social Security.
He was renominated last year after his first nomination made it out of the Senate Judiciary Committee got stalled at the end of a busy Senate term.
The Senate vote to confirm Schwartz comes amid a record number of daily Covid-19 infections in the U.S. – more than 173,000 new cases were reported nationwide on Sunday – and continued negotiations between lawmakers on additional legislative relief. Senate and House leadership also are at odds over passing next year’s federal budget.
Last week, a bipartisan coalition presented a $908 billion relief framework, which Speaker of the House Nancy Pelosi has endorsed. Pelosi’s home state of California entered a new phase of lockdowns Monday complete with stay-at-home orders, as hospitalizations reach record highs and testing positivity rates top 10%.
Senator Patrick Leahy, a Vermont Democrat Vermont, said Monday that his GOP colleagues should stop stalling passage of the Heroes Act – a $3 trillion relief bill House Democrats passed in May – by focusing on other business like confirming judges.
“Why aren’t we voting?” Leahy said. “Look what happens. We can’t bring ourselves to actually vote on something to help Americans, help people of our own states.”
Senate Majority Leader Mitch McConnell of Kentucky said from the chamber floor that targeted Covid-19 relief packages had been brought before the Senate — including one that provided broad immunity protections for businesses from being sued by infected employees – but Democrats blocked that package and another in October in a push to extend Paycheck Protection Program payments.
But Senate Minority Leader Chuck Schumer of New York noted it was Republican leadership that decided to adjourn the Senate as Covid-19 cases rose this summer, accusing his counterparts of only offering one-sided bills that excluded Democratic input.
“While the nation has been clamoring for a bipartisan solution, the Senate, under the leadership of the Republican leader, has only been allowed to vote on partisan, Republican proposals, each of which has been sorely inadequate and each of which has contained poison pills designed to ensure the bill’s failure,” Schumer said. “The Republican leader never mentions those poison pills in his speeches to this chamber, where he excoriates Democrats for refusing to pass ‘bipartisan legislation that everyone agrees on.’”
As for government funding, McConnell said he hoped a full funding package would come to the floor for a vote in both chambers in the coming weeks. A one-week stopgap bill would likely be passed this week to prevent a government shutdown on Friday, with lawmakers working into next week to draft a larger plan.
“The nation needs our Democratic colleagues to resist the temptation to play brinkmanship with long-settled policy issues, or push poison pill riders that they know would tank the process,” McConnell said.


Simplot Gypsum

POCOTELLO , Idaho — A land swap between agrochemical giant Simplot and the federal government lacked proper environmental analysis and @ @ @ @ @ ’ s gypsum stack will harm the area ’ s water , flora and fauna @ @ @ @ @ the Fort Hall Reservation say in a federal complaint .


courthousenews--2020-12-07--Report Raps Trump Adviser Navarro for Abuse of Office in Anti-Biden Remarks

WASHINGTON ( CN ) — Independent federal prosecutors determined Monday that White House adviser Peter Navarro violated the Hatch Act with his press statements and online posts during the 2020 campaign season haranguing President-elect Joe Biden .
The Hatch Act bars federal employees from using their positions to interfere with or affect an election , and a new report by Special Counsel Henry Kerner says Navarro ’ s running commentary against Biden from May to October of this year did precisely that .
“ Dr .
Navarro repeatedly attacked presidential candidate Joe Biden and/or vice-presidential candidate Kamala Harris , ” @ @ @ @ @ @ @ Navarro often attacked Mr. Biden about his relationship with China and at times accused him of being ‘ compromised ’ and susceptible to being ‘ bought ’ by China , even nicknaming him ‘ Beijing Biden.
’ ” An economist tapped in 2016 to stand up the White House National Trade Council , Navarro has long espoused protectionist trade views in books like “ The Coming China Wars ” and “ Death by China.
” Monday ’ s report says Navarro engaged in textbook partisan political activity prohibited under the law with his @ @ @ @ @ @ @ a Biden presidency would be “ devastating ” to the U.S. economy In addition to illegally commenting on Biden within his capacity as assistant to the president and director of the Office on Trade and Manufacturing Policy , according to the report , Navarro made prohibited attacks on Biden ’ s running mate Kamala Harris .
The special counsel calls Navarro ’ s violations of the Hatch Act “ knowing and willful.
” “ He committed these violations after having received training on the Hatch Act and for most of the violations , @ @ @ @ @ @ @ in the same prohibited political activity , ” the report states .
Members of the Trump White House are no stranger to Hatch Act violations .
Over a year ago , the Office of the Special Counsel took the rare step of calling for the firing of then-White House counselor Kellyanne for her repeated offenses of the act , including her routine stumping for Trump ’ s reelection during most major news appearances .
The recommendation fell on deaf ears as President Trump defended Conway , saying she was exercising her right to @ @ @ @ @ @ @ the campaign as “ Creepy Uncle Joe ” or retweeted Trump campaign advertisements that contrasted the present economy to the one Trump inherited .
The OSC counted 35 individual violations of Hatch by Conway .
In October , Senator Elizabeth Warren , a Massachusetts Democrat , issued a report cataloging all confirmed and alleged Hatch Act violations carried out by officials during the Trump presidency .
The senator counted over 54 violations by 14 officials going back to 2017 .
In addition to Conway and Navarro , offenders include Agriculture Secretary Sonny Perdue @ @ @ @ @ @ @ Dan Scavino , former U.S. ambassador to the United Nations Nikki Haley , First Lady Melania Trump ’ s former chief of staff Stephanie Grisham , former White House Deputy Press Secretary and Deputy Assistant to the President Raj Shah , former White House communications director Jessica Ditto , former director of Oval Office Operations and personal secretary Madeline Westerhout , former White House director of strategic communications Alyssa Farah and former deputy communications director at the Office of Management and Budget , Jacob Wood .
As with Conway , the White House @ @ @ @ @ @ @ according to Monday ’ s report .
“ The White House Counsel ’ s Office … argued that Dr. Navarro ’ s statements about Joe Biden and his ‘ kowtowing to the Chinese ’ were the kind of factual , policy-based statements acceptable for him to make in his official capacity , ” Kerner wrote .
But the OSC said federal law makes no such exception .
The OSC report rattles off several examples of Navarro ’ s behavior that crossed the Hatch Act line and specifically highlights his comments in August that @ @ @ @ @ @ @ destroy U.S. energy , logging and fishing ” and that Democrats were crossing a “ thin blue line between peaceful protests and anarchy/looting.
” That same month Navarro opined on Twitter : “ When will Dems hold China accountable for the pandemic and the loss of factories and jobs in America ?
” The OSC flagged Navarro ’ s tweets in September where he used the “ Beijing Biden ” nickname for the Democratic candidate .
Two months out from Election Day , the White House adviser linked to news articles on Twitter @ @ @ @ @ @ @ in one missive and a “ pawn ” in China President Xi Jinping ’ s “ Great Global Game ” in another .
“ Biden ’ s agenda MADE IN CHINA .
Trump agenda Made in America , ” Navarro also tweeted in September .
Navarro closed out the month by linking to a story featured by the conservative-leaning Federalist Society on Spanish-speaking voters reacting to Trump ’ s performance during the first presidential debate .
It will be left to President Trump to decide whether Navarro will be disciplined , per the @ @ @ @ @ @ @ full of people illegally using their government positions to influence an election Navarro has been one of the worst , ” Noah Bookbinder , director of the independent watchdog group , Citizens for Responsibility and Ethics in Washington , or CREW , said in a statement Monday .
“ Navarro ’ s blatant violations of the Hatch Act are rivaled only by Kellyanne Conway.
” CREW has filed multiple Hatch complaints against Navarro and other officials .
Their pursuit of accountability under Hatch for Conway was instrumental to OSC ’ s findings last @ @ @ @ @ @ @ emeritus at University of California , Irvine , did not immediately return request for comment .

Independent federal prosecutors determined Monday that White House adviser Peter Navarro violated the Hatch Act with his press statements and online posts during the 2020 campaign season haranguing President-elect Joe Biden.
WASHINGTON (CN) — Independent federal prosecutors determined Monday that White House adviser Peter Navarro violated the Hatch Act with his press statements and online posts during the 2020 campaign season haranguing President-elect Joe Biden.
The Hatch Act bars federal employees from using their positions to interfere with or affect an election, and a new report by Special Counsel Henry Kerner says Navarro’s running commentary against Biden from May to October of this year did precisely that.
“Dr. Navarro repeatedly attacked presidential candidate Joe Biden and/or vice-presidential candidate Kamala Harris,” the report states. “Dr. Navarro often attacked Mr. Biden about his relationship with China and at times accused him of being ‘compromised’ and susceptible to being ‘bought’ by China, even nicknaming him ‘Beijing Biden.’”
An economist tapped in 2016 to stand up the White House National Trade Council, Navarro has long espoused protectionist trade views in books like “The Coming China Wars” and “Death by China.”
Monday’s report says Navarro engaged in textbook partisan political activity prohibited under the law with his statements online and in the press that a Biden presidency would be “devastating” to the U.S. economy
In addition to illegally commenting on Biden within his capacity as assistant to the president and director of the Office on Trade and Manufacturing Policy, according to the report, Navarro made prohibited attacks on Biden’s running mate Kamala Harris.
The special counsel calls Navarro’s violations of the Hatch Act “knowing and willful.”
“He committed these violations after having received training on the Hatch Act and for most of the violations, while knowing that OSC was investigating him in the same prohibited political activity,” the report states.
Members of the Trump White House are no stranger to Hatch Act violations. Over a year ago, the Office of the Special Counsel took the rare step of calling for the firing of then-White House counselor Kellyanne for her repeated offenses of the act, including her routine stumping for Trump’s reelection during most major news appearances.
The recommendation fell on deaf ears as President Trump defended Conway, saying she was exercising her right to free speech when she mocked Biden during the campaign as “Creepy Uncle Joe” or retweeted Trump campaign advertisements that contrasted the present economy to the one Trump inherited.
The OSC counted 35 individual violations of Hatch by Conway.
In October, Senator Elizabeth Warren, a Massachusetts Democrat, issued a report cataloging all confirmed and alleged Hatch Act violations carried out by officials during the Trump presidency. The senator counted over 54 violations by 14 officials going back to 2017.
In addition to Conway and Navarro, offenders include Agriculture Secretary Sonny Perdue, White House deputy chief of staff Dan Scavino, former U.S. ambassador to the United Nations Nikki Haley, First Lady Melania Trump’s former chief of staff Stephanie Grisham, former White House Deputy Press Secretary and Deputy Assistant to the President Raj Shah, former White House communications director Jessica Ditto, former director of Oval Office Operations and personal secretary Madeline Westerhout, former White House director of strategic communications Alyssa Farah and former deputy communications director at the Office of Management and Budget, Jacob Wood.
As with Conway, the White House has defended Navarro’s conduct, according to Monday’s report.
“The White House Counsel’s Office ... argued that Dr. Navarro’s statements about Joe Biden and his ‘kowtowing to the Chinese’ were the kind of factual, policy-based statements acceptable for him to make in his official capacity,” Kerner wrote.
But the OSC said federal law makes no such exception.
The OSC report rattles off several examples of Navarro’s behavior that crossed the Hatch Act line and specifically highlights his comments in August that Biden’s economic plan would “destroy U.S. energy, logging and fishing” and that Democrats were crossing a “thin blue line between peaceful protests and anarchy/looting.” That same month Navarro opined on Twitter: “When will Dems hold China accountable for the pandemic and the loss of factories and jobs in America?”
The OSC flagged Navarro’s tweets in September where he used the “Beijing Biden” nickname for the Democratic candidate. Two months out from Election Day, the White House adviser linked to news articles on Twitter to accuse Biden of being a plagiarist in one missive and a “pawn” in China President Xi Jinping’s “Great Global Game” in another.
“Biden’s agenda MADE IN CHINA. Trump agenda Made in America,” Navarro also tweeted in September.
Navarro closed out the month by linking to a story featured by the conservative-leaning Federalist Society on Spanish-speaking voters reacting to Trump’s performance during the first presidential debate.
It will be left to President Trump to decide whether Navarro will be disciplined, per the U.S. Constitution.
The White House declined to comment Monday.
“In an administration full of people illegally using their government positions to influence an election Navarro has been one of the worst,” Noah Bookbinder, director of the independent watchdog group, Citizens for Responsibility and Ethics in Washington, or CREW, said in a statement Monday. “Navarro’s blatant violations of the Hatch Act are rivaled only by Kellyanne Conway.”
CREW has filed multiple Hatch complaints against Navarro and other officials. Their pursuit of accountability under Hatch for Conway was instrumental to OSC’s findings last year.
Navarro, who is professor emeritus at University of California, Irvine, did not immediately return request for comment.


Top Eight

Your Monday night briefing from the staff of Courthouse News Top eight stories for today including the Trump administration will not set tougher standards on the U.S. ’ s most widespread deadly air pollutant , soot ; A new study found the 2018 California wildfires cost $ 150 billion in economic losses ; Trade negotiations between the United Kingdom and European Union entered the final stretch , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through Friday .
1 . )
In @ @ @ @ @ @ @ the Trump administration announced Monday that it will not set tougher standards on the U.S. ’ s most widespread deadly air pollutant , soot .
2 . )
A yearslong battle over a medieval collection sold to the Nazis in 1935 , now estimated to be worth a quarter of a billion dollars , brought the heirs of Jewish art dealers to the U.S. Supreme Court on Monday .
3 . )
New research revealed Sunday finds that time spent in Covid-related lockdown increases binge drinking among adults .
4 . )
A @ @ @ @ @ @ @ California wildfires cost $ 150 billion in economic losses — roughly 0.7 % of the gross domestic product of the United States — a staggering number amid numerous wildfires that have popped up since then .
5 . )
The full Fourth Circuit seemed hesitant Monday to allow Republican members of the North Carolina Legislature to intervene in a dispute over the state ’ s voter ID law .
6 . )
The aggressive spread of Covid-19 in recent weeks has forced the Los Angeles Unified School District — the nation ’ s @ @ @ @ @ @ @ and day care for 4,000 students .
7 . )
A group of Boston taxi operators found some passing room Monday trying to persuade the First Circuit that Uber had illegally competed with them by running an unlicensed cab company .
8 . )
In only 25 days , the United Kingdom will be out of the European Union for good .
But one crucial thing is still missing : An agreement on the terms of trade between the U.K. and the club of nations it ’ s turned its back on .

Top eight stories for today including the Trump administration will not set tougher standards on the U.S.’s most widespread deadly air pollutant, soot; A new study found the 2018 California wildfires cost $150 billion in economic losses; Trade negotiations between the United Kingdom and European Union entered the final stretch, and more.
Your Monday night briefing from the staff of Courthouse News
Top eight stories for today including the Trump administration will not set tougher standards on the U.S.’s most widespread deadly air pollutant, soot; A new study found the 2018 California wildfires cost $150 billion in economic losses; Trade negotiations between the United Kingdom and European Union entered the final stretch, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) In the midst of a respiratory pandemic, the Trump administration announced Monday that it will not set tougher standards on the U.S.’s most widespread deadly air pollutant, soot.
The Dave Johnson coal-fired power plant is silhouetted against the morning sun in Glenrock, Wyo., on Friday, July 27, 2018. (AP Photo/J. David Ake, File)
2.) A yearslong battle over a medieval collection sold to the Nazis in 1935, now estimated to be worth a quarter of a billion dollars, brought the heirs of Jewish art dealers to the U.S. Supreme Court on Monday.
FILE - In this Jan. 9, 2014, file photo, the medieval Dome Reliquary (13th century) of the Welfenschatz, is displayed at the Bode Museum in Berlin. (AP Photo/Markus Schreiber, File)
3.) New research revealed Sunday finds that time spent in Covid-related lockdown increases binge drinking among adults.
Regional
4.) A study released Monday found that the 2018 California wildfires cost $150 billion in economic losses — roughly 0.7% of the gross domestic product of the United States — a staggering number amid numerous wildfires that have popped up since then.
Homes leveled by the Camp Fire line the Ridgewood Mobile Home Park retirement community in Paradise, Calif., Dec. 3, 2018. (AP photo/Noah Berger,File)
5.) The full Fourth Circuit seemed hesitant Monday to allow Republican members of the North Carolina Legislature to intervene in a dispute over the state’s voter ID law.
Monday was the first day for advance voting in Georgia and people showed up by the hundreds to cast their ballot early at the Bell Auditorium in Augusta, Ga., Monday, Oct. 12, 2020. (Michael Holahan/The Augusta Chronicle via AP)
6.) The aggressive spread of Covid-19 in recent weeks has forced the Los Angeles Unified School District — the nation’s second largest — to end in-person learning and day care for 4,000 students.
Staff at Belvedere Middle School in Los Angeles maintain the grounds while students work from home during the Covid-19 pandemic. The school, which opened its doors in 1924, serves grades 6 through 8 under the LA Unified School District, the second largest district in the country. (Courthouse News photo / Martin Macias Jr.)
7.) A group of Boston taxi operators found some passing room Monday trying to persuade the First Circuit that Uber had illegally competed with them by running an unlicensed cab company.
Taxis wait in a holding area at Miami International Airport. (Lynne Sladk/Associated Press)
International
8.) In only 25 days, the United Kingdom will be out of the European Union for good. But one crucial thing is still missing: An agreement on the terms of trade between the U.K. and the club of nations it’s turned its back on.


courthousenews--2020-12-07--Federal Trial Begins Over Wisconsin Limits on Abortion Access

MADISON , Wis. ( CN ) — A bench trial for Planned Parenthood ’ s challenge to Wisconsin abortion laws kicked off Monday in federal court , where opening statements and witness testimony centered on restrictions on medication and suction abortions .
The underlying lawsuit filed in January 2019 by Planned Parenthood of Wisconsin , or PPWI , in conjunction with its medical director and three nurses , contests state laws which only allow doctors to perform the two types of abortions and require women seeking abortion-inducing drugs to see the same doctor on two separate visits .
Defined in @ @ @ @ @ @ @ same-physician law and physical-presence law , these statutory restrictions also mandate the doctor who saw a patient during the first visit to be physically present in the room when a woman is given an abortion pill during the second visit .
Four outpatient clinics across three Wisconsin cities offer abortion services , and the only one outside of Milwaukee or Madison in Sheboygan only offers them a few days per month .
None of the clinics offer services on nights or weekends , and none of PPWI ’ s three clinics that provide @ @ @ @ @ @ @ Advanced practice clinicians—health care professionals such as advanced nurse practitioners and certified nurse-midwives with advanced education , training , experience and licensing—are arbitrarily barred from providing these abortion services , the lawsuit claims , even though they can deliver babies , perform uterine tissue biopsies , manage miscarriages and independently prescribe medications .
PPWI claims the access restrictions to medication abortions and more invasive aspiration , or suction , abortions impose undue travel and scheduling burdens and delay access to care for patients , in violation of their 14th Amendment liberty and privacy @ @ @ @ @ @ @ rights .
Defendants in PPWI ’ s lawsuit are Wisconsin Attorney General Josh Kaul , Dane County District Attorney Ismael Ozanne , Wisconsin Secretary of the Department of Safety and Professional Services Dawn Crim , and members of the state boards of nursing and medical examining .
The GOP-controlled Wisconsin Legislature tried to intervene in the lawsuit under lame-duck laws they passed limiting Kaul ’ s executive powers on the basis that the Democratic attorney general could not be trusted to defend state abortion laws in court .
U.S. District Court Judge William @ @ @ @ @ @ @ denied the Legislature ’ s intervention attempt and the Chicago-based Seventh Circuit affirmed his decision in November 2019 , finding Republican lawmakers could not prove Kaul would inadequately represent the state ’ s interests and defend the abortion laws .
During opening statements on Monday , Lori Day from New York-based firm Jenner & Block reiterated on behalf of the plaintiffs that the “ burdens imposed by the access restrictions outweigh their medical benefits , ” which PPWI and the nurses argue are basically nonexistent .
Day said the Wisconsin laws do not @ @ @ @ @ @ @ defendants have proffered no medical evidence to support their claims.
” The attorney qualified that “ abortion is safe and effective and complications are rare ” and , in the case of medication abortions , the pills work the same if a doctor or nurse administers them .
For added context , Day presented statistics showing that 75 % of women receiving abortions are poor or low-income and that the delays the challenged laws cause related to arranging travel , child care and getting off work from low-paying jobs with no paid time @ @ @ @ @ @ @ in the compounded physical health risks associated with getting late-term abortions .
Assistant Attorney General Brian Keenan argued on behalf of the state that the laws in question are hardly new , with the latest being installed in 2012 , and “ at least statewide , women have been obtaining abortions in Wisconsin with these laws…so it ’ s not causing any statewide shortage for sure.
” Keenan put forth that the plaintiffs will not be able to show that the laws have actually stopped women from obtaining abortions based on selective readings @ @ @ @ @ @ @ laws are sound under U.S. Supreme Court precedent , and that while there is a constitutional right to abortions generally , there is no constitutional right to any specific kind of abortion .
Dr. Kathy King , PPWI ’ s medical director and an associate professor at the Medical College of Wisconsin , was the first expert called for testimony in the trial .
King was also attached to the original complaint as a plaintiff .
In response to questioning from Jessica Martinez , another attorney for the plaintiffs from Jenner & Block @ @ @ @ @ @ @ two-day schedule and protocols for both medication and aspiration abortions .
The doctor also pointed out that carrying a pregnancy to term carries “ much higher risk of potential morbidities , ” including possible death , compared to abortions .
King stated that advanced nurse practitioners could “ absolutely ” carry out the more complicated aspiration abortions with training if the physician-only law was struck down , emphasizing that they already perform other similar labor and childbirth procedures with higher risks of complications .
In addition , the doctor illustrated that the delays @ @ @ @ @ @ @ make many patients noneligible for medication abortions , and many feel very strongly that they do not want an aspiration abortion , in part because women with histories of sexual abuse can be traumatized by the more invasive procedure , which can leave them feeling “ stripped of their autonomy.
” Assistant Attorney General Clayton Kawski briefly cross-examined King , attempting to drill down just how burdensome travel and delays for abortion care are for patients and illuminate the potential risks in allowing non-physicians to perform that care , opining that recruiting more @ @ @ @ @ @ @ of changing laws .
King stood by her stance that there is no medical benefit to having physicians perform medication abortions and resisted Kawski ’ s attempts to make murky the exact toll travel distances take on women seeking abortions in Wisconsin , stating that she knows around 600 women per year travel from the Badger State to neighboring Minnesota for that care .
In her 20 years as an OB/GYN in which she has seen thousands of patients , she said , “ I know for a fact that there are many @ @ @ @ @ @ @ miles to access care .
”

A bench trial for Planned Parenthood’s challenge to Wisconsin abortion laws kicked off Monday in federal court, where opening statements and witness testimony centered on restrictions on medication and suction abortions.
MADISON, Wis. (CN) — A bench trial for Planned Parenthood’s challenge to Wisconsin abortion laws kicked off Monday in federal court, where opening statements and witness testimony centered on restrictions on medication and suction abortions.
The underlying lawsuit filed in January 2019 by Planned Parenthood of Wisconsin, or PPWI, in conjunction with its medical director and three nurses, contests state laws which only allow doctors to perform the two types of abortions and require women seeking abortion-inducing drugs to see the same doctor on two separate visits.
Defined in the complaint as the physician-only law, same-physician law and physical-presence law, these statutory restrictions also mandate the doctor who saw a patient during the first visit to be physically present in the room when a woman is given an abortion pill during the second visit.
Four outpatient clinics across three Wisconsin cities offer abortion services, and the only one outside of Milwaukee or Madison in Sheboygan only offers them a few days per month. None of the clinics offer services on nights or weekends, and none of PPWI’s three clinics that provide abortion services staff a full-time physician.
Advanced practice clinicians—health care professionals such as advanced nurse practitioners and certified nurse-midwives with advanced education, training, experience and licensing—are arbitrarily barred from providing these abortion services, the lawsuit claims, even though they can deliver babies, perform uterine tissue biopsies, manage miscarriages and independently prescribe medications.
PPWI claims the access restrictions to medication abortions and more invasive aspiration, or suction, abortions impose undue travel and scheduling burdens and delay access to care for patients, in violation of their 14th Amendment liberty and privacy rights as well as their equal protection rights.
Defendants in PPWI’s lawsuit are Wisconsin Attorney General Josh Kaul, Dane County District Attorney Ismael Ozanne, Wisconsin Secretary of the Department of Safety and Professional Services Dawn Crim, and members of the state boards of nursing and medical examining.
The GOP-controlled Wisconsin Legislature tried to intervene in the lawsuit under lame-duck laws they passed limiting Kaul’s executive powers on the basis that the Democratic attorney general could not be trusted to defend state abortion laws in court.
U.S. District Court Judge William Conley, a Barack Obama appointee, denied the Legislature’s intervention attempt and the Chicago-based Seventh Circuit affirmed his decision in November 2019, finding Republican lawmakers could not prove Kaul would inadequately represent the state’s interests and defend the abortion laws.
During opening statements on Monday, Lori Day from New York-based firm Jenner & Block reiterated on behalf of the plaintiffs that the “burdens imposed by the access restrictions outweigh their medical benefits,” which PPWI and the nurses argue are basically nonexistent.
Day said the Wisconsin laws do not advance any legitimate government interest and “defendants have proffered no medical evidence to support their claims." The attorney qualified that “abortion is safe and effective and complications are rare” and, in the case of medication abortions, the pills work the same if a doctor or nurse administers them.
For added context, Day presented statistics showing that 75% of women receiving abortions are poor or low-income and that the delays the challenged laws cause related to arranging travel, child care and getting off work from low-paying jobs with no paid time off for these women can actually result in the compounded physical health risks associated with getting late-term abortions.
Assistant Attorney General Brian Keenan argued on behalf of the state that the laws in question are hardly new, with the latest being installed in 2012, and “at least statewide, women have been obtaining abortions in Wisconsin with these laws…so it’s not causing any statewide shortage for sure.”
Keenan put forth that the plaintiffs will not be able to show that the laws have actually stopped women from obtaining abortions based on selective readings of imperfect studies, that the Wisconsin laws are sound under U.S. Supreme Court precedent, and that while there is a constitutional right to abortions generally, there is no constitutional right to any specific kind of abortion.
Dr. Kathy King, PPWI’s medical director and an associate professor at the Medical College of Wisconsin, was the first expert called for testimony in the trial. King was also attached to the original complaint as a plaintiff.
In response to questioning from Jessica Martinez, another attorney for the plaintiffs from Jenner & Block, King walked the court through the two-day schedule and protocols for both medication and aspiration abortions. The doctor also pointed out that carrying a pregnancy to term carries “much higher risk of potential morbidities,” including possible death, compared to abortions.
King stated that advanced nurse practitioners could “absolutely” carry out the more complicated aspiration abortions with training if the physician-only law was struck down, emphasizing that they already perform other similar labor and childbirth procedures with higher risks of complications.
In addition, the doctor illustrated that the delays in abortion care the laws cause can make many patients noneligible for medication abortions, and many feel very strongly that they do not want an aspiration abortion, in part because women with histories of sexual abuse can be traumatized by the more invasive procedure, which can leave them feeling “stripped of their autonomy.”
Assistant Attorney General Clayton Kawski briefly cross-examined King, attempting to drill down just how burdensome travel and delays for abortion care are for patients and illuminate the potential risks in allowing non-physicians to perform that care, opining that recruiting more physicians could expand abortion services in lieu of changing laws.
King stood by her stance that there is no medical benefit to having physicians perform medication abortions and resisted Kawski’s attempts to make murky the exact toll travel distances take on women seeking abortions in Wisconsin, stating that she knows around 600 women per year travel from the Badger State to neighboring Minnesota for that care.
In her 20 years as an OB/GYN in which she has seen thousands of patients, she said, “I know for a fact that there are many women who have to travel hundreds of miles to access care.”


courthousenews--2020-12-07--Treasure Sold During Holocaust Fought Over at High Court

WASHINGTON ( CN ) — A yearslong battle over a medieval collection sold to the Nazis in 1935 , now estimated to be worth a quarter of a billion dollars , brought the heirs of Jewish art dealers to the U.S. Supreme Court on Monday .
The 42 silver religious artifacts are part of what is known as the Welfenschatz or the Guelph Treasure — said by some sources to have been gifted to Adolph Hitler himself by Hermann Goering , the Nazi leader of the state of Prussia .
For decades , the treasure has been displayed at the @ @ @ @ @ @ @ The Prussian Cultural Heritage Foundation , which owns the collection and runs the museum , denies modern assertions that the artifacts were sold during the Holocaust at below-market value .
Today , with the heirs of two Holocaust victims seeking to have U.S. courts declare them as the rightful owners of the collection , the museum is joined by the German and Hungarian governments in seeking to have a pair of cases thrown out .
The double-header oral arguments before the high court on Monday saw the U.S. Department of Justice backing up @ @ @ @ @ @ @ for the heirs could open the floodgates and “ expose the United States to similar litigation in foreign courts.
” Such a decision by the justices would mark a “ radical departure ” from the understanding of sovereign immunity , said Deputy U.S .
Solicitor General Edwin S. Kneedler .
With the justices considering some U.S. atrocities such as slavery and the internment of Japanese Americans during World War II , attorney Gregory Silbert for the Hungarian government argued that venue here is improper .
“ We can all agree that the remedies @ @ @ @ @ @ @ United States in the United States should not be decided by a Hungarian judge , applying Hungarian law , from a courtroom in Budapest , ” Silbert said .
Like the Hungarian government , Germany asserts that U.S. jurisdiction in the case poses an affront to “ international comity , ” the practice of deferring to the laws of other nations .
But attorneys for the descendants of the Jewish collectors said the U.S. has a moral imperative to provide relief to victims of the Holocaust .
“ Hungry wants courts to decide @ @ @ @ @ @ @ that should be heard in U.S. courts .
But Congress has already decided that they are , ” attorney Sarah Harrington said .
The Foreign Sovereign Immunities Act passed by Congress in 1976 explicitly sanctions the claims brought before the high court on Monday , Harrington argued .
She described the primary purpose of the law as doing away with “ ad hoc determinations ” by federal courts on whether they held jurisdiction over sovereign nations based on foreign policy concerns .
For Germany , however , the law ’ s “ expropriation @ @ @ @ @ @ @ government is accused of taking its own citizens ’ property .
But Justice Neil Gorsuch pointed out that Jewish victims of the Holocaust were stripped of their citizenship in Germany .
“ Why should they then have to go exhaust remedies elsewhere ?
” Gorsuch asked today .
Jonathan M. Freiman , an attorney for Germany , argued that a ruling in favor of the collectors ’ descendants would convert the U.S. judiciary into “ new world courts ” that hear alleged violations of international human rights .
Justice Amy Coney Barrett expressed @ @ @ @ @ @ @ decision , saying the heirs were “ struggling to identify limits ” with their statutory claims .
“ You know that it ’ s problematic to interpret it so broadly that it would have 700 district judges in the country adjudicating all these kinds of claims , ” Barrett said .
Justice Elena Kagan raised that similar claims brought in the Seventh Circuit had borne potential damages adding up to around 40 % of Hungary ’ s gross domestic profits , a payout that could “ essentially bankrupt a foreign nation.
” “ @ @ @ @ @ @ @ s screaming severe international friction , ” Kagan said .
“ Why shouldn ’ t we be able to acknowledge something like that ?
” But Harrington , representing the heirs , said that any estimate as to the size of damages arising from a landmark ruling by the justices in the Guelph Treasure case would be “ pure speculation at this point.
” The Justice Department is backing Germany on appeal , cautioning the judiciary that taking a stance in the case would entangle the courts in “ sensitive foreign policy determinations.
@ @ @ @ @ @ @ , a bipartisan group of lawmakers called it “ greatly exaggerated ” of the governments to assert that a ruling for the heirs would carry “ international relations consequences.
” As for the risk of other human rights violations dropping down in U.S. courts , an attorney for the heirs urged the justices to remember that the atrocity here has no equal .
“ It can not be repeated enough , ” Nicholas Michael O ’ Donnell said .
“ There is no paradigm like the Holocaust .
”

These 2014 photos show (left) the 13th century medieval Dome Reliquary and (right) a medieval cross, artifacts belonging to the Welfenschatz on display at the Bode Museum in Berlin. The heirs of several Nazi-era Jewish art dealers have spent nearly a decade trying to persuade German officials to return the collection of medieval relics valued at more than $250 million. ( AP Photo/Markus Schreiber, File)
WASHINGTON (CN) — A yearslong battle over a medieval collection sold to the Nazis in 1935, now estimated to be worth a quarter of a billion dollars, brought the heirs of Jewish art dealers to the U.S. Supreme Court on Monday.
The 42 silver religious artifacts are part of what is known as the Welfenschatz or the Guelph Treasure — said by some sources to have been gifted to Adolph Hitler himself by Hermann Goering, the Nazi leader of the state of Prussia. For decades, the treasure has been displayed at the Museum of Decorative Arts in Berlin. The Prussian Cultural Heritage Foundation, which owns the collection and runs the museum, denies modern assertions that the artifacts were sold during the Holocaust at below-market value.
Today, with the heirs of two Holocaust victims seeking to have U.S. courts declare them as the rightful owners of the collection, the museum is joined by the German and Hungarian governments in seeking to have a pair of cases thrown out.
The double-header oral arguments before the high court on Monday saw the U.S. Department of Justice backing up Germany’s warning that a ruling for the heirs could open the floodgates and “expose the United States to similar litigation in foreign courts.”
Such a decision by the justices would mark a “radical departure” from the understanding of sovereign immunity, said Deputy U.S. Solicitor General Edwin S. Kneedler.
With the justices considering some U.S. atrocities such as slavery and the internment of Japanese Americans during World War II, attorney Gregory Silbert for the Hungarian government argued that venue here is improper.
“We can all agree that the remedies for the worst injustices committed by the United States in the United States should not be decided by a Hungarian judge, applying Hungarian law, from a courtroom in Budapest,” Silbert said.
Like the Hungarian government, Germany asserts that U.S. jurisdiction in the case poses an affront to “international comity,” the practice of deferring to the laws of other nations.
But attorneys for the descendants of the Jewish collectors said the U.S. has a moral imperative to provide relief to victims of the Holocaust.
“Hungry wants courts to decide whether these are the types of claims that should be heard in U.S. courts. But Congress has already decided that they are,” attorney Sarah Harrington said.
The Foreign Sovereign Immunities Act passed by Congress in 1976 explicitly sanctions the claims brought before the high court on Monday, Harrington argued.
She described the primary purpose of the law as doing away with “ad hoc determinations” by federal courts on whether they held jurisdiction over sovereign nations based on foreign policy concerns.
For Germany, however, the law’s “expropriation exception” does not apply when a government is accused of taking its own citizens’ property.
But Justice Neil Gorsuch pointed out that Jewish victims of the Holocaust were stripped of their citizenship in Germany.
“Why should they then have to go exhaust remedies elsewhere?” Gorsuch asked today.
Jonathan M. Freiman, an attorney for Germany, argued that a ruling in favor of the collectors’ descendants would convert the U.S. judiciary into “new world courts” that hear alleged violations of international human rights.
Justice Amy Coney Barrett expressed her own concern about such a landmark decision, saying the heirs were “struggling to identify limits” with their statutory claims.
“You know that it’s problematic to interpret it so broadly that it would have 700 district judges in the country adjudicating all these kinds of claims,” Barrett said.
Justice Elena Kagan raised that similar claims brought in the Seventh Circuit had borne potential damages adding up to around 40% of Hungary's gross domestic profits, a payout that could “essentially bankrupt a foreign nation.”
“Now that seems as though it's screaming severe international friction,” Kagan said. “Why shouldn't we be able to acknowledge something like that?”
But Harrington, representing the heirs, said that any estimate as to the size of damages arising from a landmark ruling by the justices in the Guelph Treasure case would be “pure speculation at this point.”
The Justice Department is backing Germany on appeal, cautioning the judiciary that taking a stance in the case would entangle the courts in “sensitive foreign policy determinations.”
In a friend-of-the-court brief, meanwhile, a bipartisan group of lawmakers called it “greatly exaggerated” of the governments to assert that a ruling for the heirs would carry “international relations consequences.”
As for the risk of other human rights violations dropping down in U.S. courts, an attorney for the heirs urged the justices to remember that the atrocity here has no equal.
“It cannot be repeated enough,” Nicholas Michael O'Donnell said. “There is no paradigm like the Holocaust.”


courthousenews--2020-12-07--Covid Surge Leads to End of In-Person Learning at LA County Schools

LOS ANGELES ( CN ) — The aggressive spread of Covid-19 in recent weeks has forced the Los Angeles Unified School District — the nation ’ s second largest — to end in-person learning and day care for 4,000 students .
According to the Los Angeles Unified School District ( LAUSD ) , the rate of spread in LA is three times higher than San Francisco and double the rate of New York .
The rampant surge that began in early November continues to barrel through December and shows no signs of slowing down .
On Sunday , LA County @ @ @ @ @ @ @ infections in a 24-hour period .
Officials reported 8,000 new cases and 27 deaths Monday , but acknowledged the figures are likely low due to the weekend .
Schools across the nation closed this March at the onset of the pandemic and made the jump to online learning , including LAUSD and its roughly 600,000s .
But after smaller school districts rolled out “ learning pods ” to provide in-person lessons to small cohorts of students , LA Unified followed suit this past September .
On Monday , Superintendent Austin Beutner said on-campus @ @ @ @ @ @ @ .
The decision affects approximately 4,000 students in kindergarten to the 12th grade , along with students who are part of outdoor athletic programs .
“ Because of the extraordinary high level of Covid-19 in the Los Angeles area , it is no longer safe and appropriate to have any students on campus , ” Beutner said in a statement .
“ We will also be asking those who are currently working at schools to work from home if at all possible for the rest of the semester.
” He called the decision @ @ @ @ @ @ @ staff and students for the virus at the start of the fall semester to establish a contact-tracing framework for when the rest of the district ’ s students return to their classrooms .
About 5,400 staff and students were tested as part of the in-person learning program that began in September .
At the time , the county ’ s daily case rate was below 1,000 .
But in the last month the rate has jumped and in the last few days public health officials have reported daily case totals ranging from 8,000 @ @ @ @ @ @ @ t create a bubble for the school community .
When things are so dangerous in the communities we serve , it has implications for schools as well , ” said Beutner .
“ My hope is this action today will not only protect the health and safety of all in the school community but will keep the focus where it needs to be — getting the spread of Covid-19 down to levels where schools can safely reopen.
” Beutner said reopening LAUSD schools for in-person lessons will need state and federal funding .
@ @ @ @ @ @ @ a “ Marshall Plan for schools ” which harkens back to the recovery of Europe after the devastation of World War II .
When students return to school , Beutner said they will need sanitized facilities , testing and contact tracing to avoid outbreaks , and mental-health support for “ the significant trauma that will accompany ” students back to the classroom .
They will also need extra school over the next summer to help them catch up from the lessons they missed during the pandemic .
But when schools will reopen remains @ @ @ @ @ @ @ in-person learning program early comes as most of California is thrust into a new stay-at-home order as the rate of infection continues to skyrocket statewide .
In the first week of December , LA County health officials reported a daily positivity rate over 11 % .
In the last four days , the county reported over 36,000 cases while the daily hospitalization total is now nearly 3,000 .
Available intensive care unit ( ICU ) beds in LA County fell below 15 % over the weekend and forced LA County into a regional @ @ @ @ @ @ @ be in effect for the next three weeks .
Ten million Angelenos were already under a similar health order that limited capacity at businesses and banned outdoor dining after the daily case rate surpassed a threshold established by county officials .

The aggressive spread of Covid-19 in recent weeks has forced the Los Angeles Unified School District — the nation’s second largest — to end in-person learning and day care for 4,000 students.
LOS ANGELES (CN) — The aggressive spread of Covid-19 in recent weeks has forced the Los Angeles Unified School District — the nation’s second largest — to end in-person learning and day care for 4,000 students.
According to the Los Angeles Unified School District (LAUSD), the rate of spread in LA is three times higher than San Francisco and double the rate of New York. The rampant surge that began in early November continues to barrel through December and shows no signs of slowing down.
On Sunday, LA County health officials reported over 10,000 new Covid-19 infections in a 24-hour period. Officials reported 8,000 new cases and 27 deaths Monday, but acknowledged the figures are likely low due to the weekend.
Schools across the nation closed this March at the onset of the pandemic and made the jump to online learning, including LAUSD and its roughly 600,000s. But after smaller school districts rolled out “learning pods” to provide in-person lessons to small cohorts of students, LA Unified followed suit this past September.
On Monday, Superintendent Austin Beutner said on-campus services would be suspended later this week. The decision affects approximately 4,000 students in kindergarten to the 12th grade, along with students who are part of outdoor athletic programs.
“Because of the extraordinary high level of Covid-19 in the Los Angeles area, it is no longer safe and appropriate to have any students on campus,” Beutner said in a statement. “We will also be asking those who are currently working at schools to work from home if at all possible for the rest of the semester.”
He called the decision disappointing, because LAUSD began to test staff and students for the virus at the start of the fall semester to establish a contact-tracing framework for when the rest of the district’s students return to their classrooms.
About 5,400 staff and students were tested as part of the in-person learning program that began in September. At the time, the county’s daily case rate was below 1,000.
But in the last month the rate has jumped and in the last few days public health officials have reported daily case totals ranging from 8,000 to 10,000.
“We can’t create a bubble for the school community. When things are so dangerous in the communities we serve, it has implications for schools as well,” said Beutner. “My hope is this action today will not only protect the health and safety of all in the school community but will keep the focus where it needs to be — getting the spread of Covid-19 down to levels where schools can safely reopen.”
Beutner said reopening LAUSD schools for in-person lessons will need state and federal funding. He also said the district will need a “Marshall Plan for schools” which harkens back to the recovery of Europe after the devastation of World War II.
When students return to school, Beutner said they will need sanitized facilities, testing and contact tracing to avoid outbreaks, and mental-health support for “the significant trauma that will accompany” students back to the classroom. They will also need extra school over the next summer to help them catch up from the lessons they missed during the pandemic.
But when schools will reopen remains unclear.
The decision to end the in-person learning program early comes as most of California is thrust into a new stay-at-home order as the rate of infection continues to skyrocket statewide.
In the first week of December, LA County health officials reported a daily positivity rate over 11%. In the last four days, the county reported over 36,000 cases while the daily hospitalization total is now nearly 3,000.
Available intensive care unit (ICU) beds in LA County fell below 15% over the weekend and forced LA County into a regional stay-at-home order per state guidelines that will be in effect for the next three weeks. Ten million Angelenos were already under a similar health order that limited capacity at businesses and banned outdoor dining after the daily case rate surpassed a threshold established by county officials.


courthousenews--2020-12-08--Chuck Yeager, 1st to Break Sound Barrier, Dies at 97

( AP ) — Retired Air Force Brig .
Gen. Charles “ Chuck ” Yeager , the World War II fighter pilot ace and quintessential test pilot who showed he had the “ right stuff ” when in 1947 he became the first person to fly faster than sound , has died .
He was 97 .
Yeager died Monday , his wife , Victoria Yeager , said on his Twitter account .
“ It is w/ profound sorrow , I must tell you that my life love General Chuck Yeager passed just before 9pm ET .
An incredible life @ @ @ @ @ @ @ Pilot , & a legacy of strength , adventure , & patriotism will be remembered forever.
” Yeager ’ s death is “ a tremendous loss to our nation , ” NASA Administrator Jim Bridenstine said in a statement .
“ Gen .
Yeager ’ s pioneering and innovative spirit advanced America ’ s abilities in the sky and set our nation ’ s dreams soaring into the jet age and the space age .
He said , ‘ You don ’ t concentrate on risks .
You concentrate on results .
No @ @ @ @ @ @ @ necessary job from getting done , ’ ” Bridenstine said .
“ In an age of media-made heroes , he is the real deal , ” Edwards Air Force Base historian Jim Young said in August 2006 at the unveiling of a bronze statue of Yeager .
He was “ the most righteous of all those with the right stuff , ” said Maj. Gen. Curtis Bedke , commander of the Air Force Flight Test Center at Edwards .
Yeager , from a small town in the hills of West Virginia , flew @ @ @ @ @ @ @ piloting an X-15 to near 1,000 mph at Edwards in October 2002 at age 79 .
“ Living to a ripe old age is not an end in itself .
The trick is to enjoy the years remaining , ” he said in “ Yeager : An Autobiography.
” “ I haven ’ t yet done everything , but by the time I ’ m finished , I won ’ t have missed much , ” he wrote .
“ If I auger in ( crash ) tomorrow , it won ’ t @ @ @ @ @ @ @ .
I ’ ve had a ball.
” On Oct. 14 , 1947 , Yeager , then a 24-year-old captain , pushed an orange , bullet-shaped Bell X-1 rocket plane past 660 mph to break the sound barrier , at the time a daunting aviation milestone .
“ Sure , I was apprehensive , ” he said in 1968 .
“ When you ’ re fooling around with something you don ’ t know much about , there has to be apprehension .
But you don ’ t let that affect your job.
@ @ @ @ @ @ @ he could have gone even faster had the plane carried more fuel .
He said the ride “ was nice , just like riding fast in a car.
” Yeager nicknamed the rocket plane , and all his other aircraft , “ Glamorous Glennis ” for his wife , who died in 1990 .
Yeager ’ s feat was kept top secret for about a year when the world thought the British had broken the sound barrier first .
“ It wasn ’ t a matter of not having airplanes that would fly @ @ @ @ @ @ @ a matter of keeping them from falling apart , ” Yeager said .
Sixty-five years later to the minute , on Oct. 14 , 2012 , Yeager commemorated the feat , flying in the back seat of an F-15 Eagle as it broke the sound barrier at more than 30,000 feet ( 9,144 meters ) above California ’ s Mojave Desert .
His exploits were told in Tom Wolfe ’ s book “ The Right Stuff , ” and the 1983 film it inspired .
Yeager was born Feb. 23 , 1923 , @ @ @ @ @ @ @ the Mud River deep in an Appalachian hollow about 40 miles southwest of Charleston .
The family later moved to Hamlin , the county seat .
His father was an oil and gas driller and a farmer .
“ What really strikes me looking over all those years is how lucky I was , how lucky , for example , to have been born in 1923 and not 1963 so that I came of age just as aviation itself was entering the modern era , ” Yeager said in a December 1985 speech @ @ @ @ @ @ @ .
“ I was just a lucky kid who caught the right ride , ” he said .
Yeager enlisted in the Army Air Corps after graduating from high school in 1941 .
He later regretted that his lack of a college education prevented him from becoming an astronaut .
He started off as an aircraft mechanic and , despite becoming severely airsick during his first airplane ride , signed up for a program that allowed enlisted men to become pilots .
Yeager shot down 13 German planes on 64 missions during World @ @ @ @ @ @ @ single mission .
He was once shot down over German-held France but escaped with the help of French partisans .
After World War II , he became a test pilot beginning at Wright-Patterson Air Force Base in Dayton , Ohio .
Among the flights he made after breaking the sound barrier was one on Dec. 12 .
1953 , when he flew an X-1A to a record of more than 1,600 mph .
He said he had gotten up at dawn that day and went hunting , bagging a goose before his flight @ @ @ @ @ @ @ his family ate the goose for dinner .
He returned to combat during the Vietnam War , flying several missions a month in twin-engine B-57 Canberras making bombing and strafing runs over South Vietnam .
Yeager also commanded Air Force fighter squadrons and wings , and the Aerospace Research Pilot School for military astronauts .
“ I ’ ve flown 341 types of military planes in every country in the world and logged about 18,000 hours , ” he said in an interview in the January 2009 issue of Men ’ s Journal @ @ @ @ @ @ @ but I ’ ve never owned an airplane in my life .
If you ’ re willing to bleed , Uncle Sam will give you all the planes you want.
” When Yeager left Hamlin , he was already known as a daredevil .
On later visits , he often buzzed the town .
“ I live just down the street from his mother , ” said Gene Brewer , retired publisher of the weekly Lincoln Journal .
“ One day I climbed up on my roof with my 8 mm camera when @ @ @ @ @ @ @ was going to take me off the roof .
You can see the treetops in the bottom of the pictures.
” Yeager flew an F-80 under a Charleston bridge at 450 mph on Oct. 10 , 1948 , according to newspaper accounts .
When he was asked to repeat the feat for photographers , Yeager replied : “ You should never strafe the same place twice ’ cause the gunners will be waiting for you.
” Yeager never forgot his roots and West Virginia named bridges , schools and Charleston ’ s airport @ @ @ @ @ @ @ in West Virginia tell who I am to this day , ” Yeager wrote .
“ My accomplishments as a test pilot tell more about luck , happenstance and a person ’ s destiny .
But the guy who broke the sound barrier was the kid who swam the Mud River with a swiped watermelon or shot the head off a squirrel before going to school.
” Yeager was awarded the Silver Star , the Distinguished Flying Cross , the Bronze Star , the Air Medal and the Purple Heart .
President Harry @ @ @ @ @ @ @ trophy in December 1948 for his breaking the sound barrier .
He also received the Presidential Medal of Freedom in 1985 .
Yeager retired from the Air Force in 1975 and moved to a ranch in Cedar Ridge in Northern California where he continued working as a consultant to the Air Force and Northrop Corp. and became well known to younger generations as a television pitchman for automotive parts and heat pumps .
He married Glennis Dickhouse of Oroville , California , on Feb. 26 , 1945 .
She died of ovarian cancer @ @ @ @ @ @ @ children : Donald , Michael , Sharon and Susan .

Retired Air Force Brig. Gen. Charles “Chuck” Yeager, the World War II fighter pilot ace and quintessential test pilot who showed he had the “right stuff” when in 1947 he became the first person to fly faster than sound, has died. He was 97.
(AP) — Retired Air Force Brig. Gen. Charles “Chuck” Yeager, the World War II fighter pilot ace and quintessential test pilot who showed he had the “right stuff” when in 1947 he became the first person to fly faster than sound, has died. He was 97.
Yeager died Monday, his wife, Victoria Yeager, said on his Twitter account. “It is w/ profound sorrow, I must tell you that my life love General Chuck Yeager passed just before 9pm ET. An incredible life well lived, America’s greatest Pilot, & a legacy of strength, adventure, & patriotism will be remembered forever.”
Yeager's death is “a tremendous loss to our nation,” NASA Administrator Jim Bridenstine said in a statement.
“Gen. Yeager’s pioneering and innovative spirit advanced America’s abilities in the sky and set our nation’s dreams soaring into the jet age and the space age. He said, ‘You don’t concentrate on risks. You concentrate on results. No risk is too great to prevent the necessary job from getting done,'” Bridenstine said.
“In an age of media-made heroes, he is the real deal,” Edwards Air Force Base historian Jim Young said in August 2006 at the unveiling of a bronze statue of Yeager.
He was “the most righteous of all those with the right stuff,” said Maj. Gen. Curtis Bedke, commander of the Air Force Flight Test Center at Edwards.
Yeager, from a small town in the hills of West Virginia, flew for more than 60 years, including piloting an X-15 to near 1,000 mph at Edwards in October 2002 at age 79.
“Living to a ripe old age is not an end in itself. The trick is to enjoy the years remaining,” he said in “Yeager: An Autobiography.”
“I haven’t yet done everything, but by the time I’m finished, I won’t have missed much,” he wrote. “If I auger in (crash) tomorrow, it won’t be with a frown on my face. I’ve had a ball.”
On Oct. 14, 1947, Yeager, then a 24-year-old captain, pushed an orange, bullet-shaped Bell X-1 rocket plane past 660 mph to break the sound barrier, at the time a daunting aviation milestone.
“Sure, I was apprehensive,” he said in 1968. “When you’re fooling around with something you don’t know much about, there has to be apprehension. But you don’t let that affect your job.”
The modest Yeager said in 1947 he could have gone even faster had the plane carried more fuel. He said the ride “was nice, just like riding fast in a car.”
Yeager nicknamed the rocket plane, and all his other aircraft, “Glamorous Glennis” for his wife, who died in 1990.
Yeager’s feat was kept top secret for about a year when the world thought the British had broken the sound barrier first.
“It wasn’t a matter of not having airplanes that would fly at speeds like this. It was a matter of keeping them from falling apart,” Yeager said.
FILE - In this 1948 file photo, test pilot Charles E. Yeager, 25, poses for a picture in a jet's cockpit. Yeager was first to fly faster than the speed of sound. Another Yeager feat, flying a jet under a Charleston, W.Va., bridge in 1948, was not reported by the local media. Yeager died Monday, Dec. 7, 2020, at age 97. (AP Photo/File)
Sixty-five years later to the minute, on Oct. 14, 2012, Yeager commemorated the feat, flying in the back seat of an F-15 Eagle as it broke the sound barrier at more than 30,000 feet (9,144 meters) above California’s Mojave Desert.
His exploits were told in Tom Wolfe’s book “The Right Stuff,” and the 1983 film it inspired.
Yeager was born Feb. 23, 1923, in Myra, a tiny community on the Mud River deep in an Appalachian hollow about 40 miles southwest of Charleston. The family later moved to Hamlin, the county seat. His father was an oil and gas driller and a farmer.
“What really strikes me looking over all those years is how lucky I was, how lucky, for example, to have been born in 1923 and not 1963 so that I came of age just as aviation itself was entering the modern era,” Yeager said in a December 1985 speech at the Smithsonian Air and Space Museum.


TikTok

WASHINGTON — A federal judge in Washington granted TikTok ’ s request for a preliminary injunction to block the Commerce @ @ @ @ @ would “ effectively ban ” the operation of the social media platform in the U.S @


California Condor

SANTA ANA , Calif. — In a dispute arising from the development of luxury resort community Tejon Mountain Ranch , @ @ @ @ @ ruled against conservationists challenging the U.S .
Fish and Wildlife Service ’ s finding that @ @ @ @ @ a “ traditional cultural property ” under federal law and could be incidentally taken during @ @ @ @ @ .


Nazi-Looted Art

SAN FRANCISCO — The Ninth Circuit denied a family ’ s request to rehear its suit against a Spanish museum @ @ @ @ @ stolen from the family by Nazis .


Rent Ordinance

SAN FRANCISCO — The Ninth Circuit upheld the dismissal of a suit challenging regulations relating to San Jose ’ s @ @ @ @ @ landlords to provide information about rent stabilized units and condition their ability to increase rents @ @ @ @ @ information .
The plaintiffs did not adequately allege they have an expectation of privacy to @ @ @ @ @ records at issue .


Michigan Vote

DETROIT — A federal judge in Michigan rejected a request to decertify election results in the state finding the plaintiffs @ @ @ @ @ based on nothing but “ speculation and conjecture ” and their request for relief “ @ @ @ @ @ breathtaking in its reach.
” President-elect Joe Biden won the state by more than 150,000 @ @


courthousenews--2020-12-08--Feds Passed up Chance to Lock in More Pfizer Vaccine Doses

WASHINGTON ( AP ) — The Trump administration opted last summer not to lock in a chance to buy millions of additional doses of one of the leading coronavirus vaccine contenders , a decision that could delay the delivery of a second batch of doses until manufacturer Pfizer fulfills other international contracts .
The revelation , confirmed Monday by people familiar with the matter , came a day before President Donald Trump aimed to take credit for the speedy development of forthcoming coronavirus vaccines at a White House summit Tuesday .
Pfizer ’ s vaccine is expected to be endorsed @ @ @ @ @ @ @ Administration advisers as soon as this week , with delivery of 100 million doses — enough for 50 million Americans — expected in coming months .
Under its contract with Pfizer , the Trump administration committed to buy an initial 100 million doses , with an option to purchase as many as five times more .
This summer , the White House opted not to lock in an additional 100 million doses for delivery in the second quarter of 2021 , according to people who spoke about the matter on condition of anonymity @ @ @ @ @ @ @ it publicly .
Days ahead of the vaccine ’ s expected approval , the administration is reversing course , but it is not clear that Pfizer , which has since made commitments to other countries , will be able to meet the latest request on the same timeline .
The Pfizer vaccine is one of two on track for emergency FDA authorization this month , the other coming from drugmaker Moderna .
The Trump administration insisted late Monday that between those two vaccines and others in the pipeline , the U.S. will be @ @ @ @ @ @ @ to be vaccinated by the end of the second quarter of 2021 .
The administration ’ s decision not to lock in additional Pfizer purchases last summer was first reported by The New York Times .
Health and Human Services Secretary Alex Azar told NBC the administration is “ continuing to work across manufacturers to expand the availability of releasable , of FDA-approved vaccine as quickly as possible .
… We do still have that option for an additional 500 million doses.
” Seeking to tamp down public skepticism over the vaccine and @ @ @ @ @ @ @ s legacy , Tuesday ’ s summit will highlight the administration ’ s plans to distribute and administer the vaccine .
But officials from President-elect Joe Biden ’ s transition team , which will oversee the bulk of the largest vaccination program in the nation ’ s history once he takes office Jan. 20 , were not invited .
The “ Operation Warp Speed ” summit will feature Trump , Vice President Mike Pence and a host of government experts , state leaders and business executives , as the White House looks to @ @ @ @ @ @ @ lay out the administration ’ s plans to bring it to the American people .
Senior administration officials provided details on the summit on Monday .
An official with the Biden transition confirmed no invitation was extended .
Officials from the pharmaceutical companies developing the vaccines also were not expected to attend , despite receiving invitations , according to people familiar with the matter .
Some expressed concerns about the event contributing to the politicization of the vaccine development process and potentially further inhibiting public confidence in the drugs .
Trump is set @ @ @ @ @ @ @ aiming to “ celebrate ” vaccine development , according to an official who previewed the event .
Trump also will sign an executive order to prioritize Americans for coronavirus vaccines procured by the federal government .
A second official said the order would restrict the U.S. government from donating doses to other nations until there is excess supply to meet domestic demand .
Both officials spoke on condition of anonymity to discuss plans for the summit .
It was not immediately clear what , if any , impact the order would have on @ @ @ @ @ @ @ vaccines .
Canadian Prime Minister Justin Trudeau announced Monday he expects his country to receive about 250,000 doses of a vaccine from Pfizer by the end of the year .
The Food and Drug Administration ’ s panel of outside vaccine experts is to meet Thursday to conduct a final review of the Pfizer drug , and it will meet later this month on a vaccine developed by Moderna .
The FDA is not required to follow the panel ’ s advice , though it usually does .
Agency decisions on the two @ @ @ @ @ @ @ meeting .
Both have been determined to be 95 % effective against the virus that causes COVID-19 .
Plans call for distributing and then administering about 40 million doses of the two companies ’ vaccines by the end of the year — with the first doses shipping within hours of FDA clearance .
Biden said Friday that “ there ’ s no detailed plan that we ’ ve seen ” for how to get the vaccines out of containers , into syringes and then into people ’ s arms .
Trump administration officials @ @ @ @ @ @ @ , with the bulk of the work falling to states and municipal governments to ensure their most vulnerable populations are vaccinated first .
The administration says it has leveraged partnerships with manufacturers , distributers and health care providers , so that outside of settings like veterans ’ hospitals , “ it is highly unlikely that a single federal employee will touch a dose of vaccine before it goes into your arm.
” In all , about 50,000 vaccination sites are enrolled in the government ’ s distribution system , the officials said .
@ @ @ @ @ @ @ logistical challenges related to distribution and administration .
The Pfizer vaccine must be transported at super-cooled temperatures , and comes in batches of 975 doses .
Each vial contains 5 doses , requiring careful plannning .
The administration has prepared detailed videos for providers on how to safely prepare and administer doses , to be posted after the FDA issues its emergency use authorization .
One such plan is to be announced Tuesday : Pharmacy chains CVS and Walgreens have stood up a “ mobile vaccination service ” ready to vaccinate people in @ @ @ @ @ @ @ in the country .
The roughly 3 million residents of those facilities are among the most vulnerable for COVID-19 and have been placed at the front of the line to access the vaccine , along with more than 20 million healthcare workers .
So far 80-85 % of the facilities have signed on to the service , the officials said .
By ZEKE MILLER and JONATHAN LEMIRE Associated Press

The Trump administration opted last summer not to lock in a chance to buy millions of additional doses of one of the leading coronavirus vaccine contenders, a decision that could delay the delivery of a second batch of doses until manufacturer Pfizer fulfills other international contracts.
WASHINGTON (AP) — The Trump administration opted last summer not to lock in a chance to buy millions of additional doses of one of the leading coronavirus vaccine contenders, a decision that could delay the delivery of a second batch of doses until manufacturer Pfizer fulfills other international contracts.
The revelation, confirmed Monday by people familiar with the matter, came a day before President Donald Trump aimed to take credit for the speedy development of forthcoming coronavirus vaccines at a White House summit Tuesday.
Pfizer's vaccine is expected to be endorsed by a panel of Food and Drug Administration advisers as soon as this week, with delivery of 100 million doses — enough for 50 million Americans — expected in coming months.
Under its contract with Pfizer, the Trump administration committed to buy an initial 100 million doses, with an option to purchase as many as five times more.
This summer, the White House opted not to lock in an additional 100 million doses for delivery in the second quarter of 2021, according to people who spoke about the matter on condition of anonymity because they were not authorized to discuss it publicly.
Days ahead of the vaccine's expected approval, the administration is reversing course, but it is not clear that Pfizer, which has since made commitments to other countries, will be able to meet the latest request on the same timeline.
The Pfizer vaccine is one of two on track for emergency FDA authorization this month, the other coming from drugmaker Moderna.
The Trump administration insisted late Monday that between those two vaccines and others in the pipeline, the U.S. will be able to accommodate any American who wants to be vaccinated by the end of the second quarter of 2021.
The administration's decision not to lock in additional Pfizer purchases last summer was first reported by The New York Times. Health and Human Services Secretary Alex Azar told NBC the administration is "continuing to work across manufacturers to expand the availability of releasable, of FDA-approved vaccine as quickly as possible. … We do still have that option for an additional 500 million doses.”
Seeking to tamp down public skepticism over the vaccine and secure a key component of Trump's legacy, Tuesday's summit will highlight the administration's plans to distribute and administer the vaccine. But officials from President-elect Joe Biden’s transition team, which will oversee the bulk of the largest vaccination program in the nation’s history once he takes office Jan. 20, were not invited.
The “Operation Warp Speed” summit will feature Trump, Vice President Mike Pence and a host of government experts, state leaders and business executives, as the White House looks to explain that the vaccine is safe and lay out the administration’s plans to bring it to the American people.
Senior administration officials provided details on the summit on Monday. An official with the Biden transition confirmed no invitation was extended.
Officials from the pharmaceutical companies developing the vaccines also were not expected to attend, despite receiving invitations, according to people familiar with the matter. Some expressed concerns about the event contributing to the politicization of the vaccine development process and potentially further inhibiting public confidence in the drugs.
Trump is set to kick off the event with remarks aiming to “celebrate" vaccine development, according to an official who previewed the event. Trump also will sign an executive order to prioritize Americans for coronavirus vaccines procured by the federal government. A second official said the order would restrict the U.S. government from donating doses to other nations until there is excess supply to meet domestic demand. Both officials spoke on condition of anonymity to discuss plans for the summit.
It was not immediately clear what, if any, impact the order would have on other nations' abilities to access the vaccines. Canadian Prime Minister Justin Trudeau announced Monday he expects his country to receive about 250,000 doses of a vaccine from Pfizer by the end of the year.
The Food and Drug Administration's panel of outside vaccine experts is to meet Thursday to conduct a final review of the Pfizer drug, and it will meet later this month on a vaccine developed by Moderna. The FDA is not required to follow the panel's advice, though it usually does. Agency decisions on the two drugs are expected within days of each meeting. Both have been determined to be 95% effective against the virus that causes COVID-19. Plans call for distributing and then administering about 40 million doses of the two companies’ vaccines by the end of the year — with the first doses shipping within hours of FDA clearance.
Biden said Friday that “there’s no detailed plan that we’ve seen” for how to get the vaccines out of containers, into syringes and then into people’s arms.
Trump administration officials insist that such plans have been developed, with the bulk of the work falling to states and municipal governments to ensure their most vulnerable populations are vaccinated first. The administration says it has leveraged partnerships with manufacturers, distributers and health care providers, so that outside of settings like veterans' hospitals, “it is highly unlikely that a single federal employee will touch a dose of vaccine before it goes into your arm.”
In all, about 50,000 vaccination sites are enrolled in the government's distribution system, the officials said.
Each of the forthcoming vaccines has unique logistical challenges related to distribution and administration. The Pfizer vaccine must be transported at super-cooled temperatures, and comes in batches of 975 doses. Each vial contains 5 doses, requiring careful plannning. The administration has prepared detailed videos for providers on how to safely prepare and administer doses, to be posted after the FDA issues its emergency use authorization.
One such plan is to be announced Tuesday: Pharmacy chains CVS and Walgreens have stood up a “mobile vaccination service" ready to vaccinate people in every nursing home and long-term care facility in the country. The roughly 3 million residents of those facilities are among the most vulnerable for COVID-19 and have been placed at the front of the line to access the vaccine, along with more than 20 million healthcare workers. So far 80-85% of the facilities have signed on to the service, the officials said.
By ZEKE MILLER and JONATHAN LEMIRE Associated Press