courthousenews--2020-09-09--Dallas Police Chief Resigns After Criticism of Handling of Protests and Violent Crime

DALLAS ( CN ) — Dallas ’ first Black female police chief resigned Tuesday after facing intense criticism of her handling of this summer ’ s George Floyd protests and a failure to halt a spike in violent crimes .
Chief U. Renee Hall , 49 , told Dallas City Manager T.C .
Broadnax she is “ extraordinarily grateful for the opportunity ” to serve the Texas city ’ s residents .
“ It has not been easy , ” Hall wrote in a one-page letter .
“ These past three years have been saturated with a series of unimaginable @ @ @ @ @ @ @ happened in the City of Dallas .
I am proud that this department has not only coped with an unthinkable series of events , but we have also managed to implement critical reforms that were clearly needed for the Dallas Police Department to meet out 21st Century Policing goals.
” Hall said she will stay on the force until November 10 .
The chief says she will “ remain committed to my true calling which is law enforcement ” as her next career step .
Hall was hired as chief in 2017 , @ @ @ @ @ @ @ of the Chicago Police Department .
She previously served 18 years at the Detroit Police Department , rising to the rank of deputy chief .
Hall ’ s resignation comes one month after the Dallas City Council criticized her department ’ s use of less-lethal ammunition on residents protesting the killing of George Floyd by Minneapolis police on May 25 .
At the city ’ s Public Safety Committee meeting on Aug. 18 , councilmember Omar Narvaez angrily cited “ people up on that bridge , in my district , getting tear-gassed after @ @ @ @ @ @ @ having pepper bullets shot at them.
” Hall had steadfastly denied tear gas was used at a protest on the Margaret Hunt Hill Bridge on the night of June 1 .
Hall admitted at the meeting that tear gas was used in the department ’ s final report .
“ We are so blessed somebody did not jump off that bridge or fall off — it ’ s probably a 100-foot drop — and fall to their death , ” he said at the time .
“ It is unacceptable the things that @ @ @ @ @ @ @ .
Chief Hall , I have lost the trust.
” Deputy Mayor Pro Tem Adam McGough agreed , saying “ it is clear to me we had a failure of leadership ” in the police department .
Councilmember Cara Mendelsohn said she also saw “ a lack of leadership ” and deemed Hall ’ s handling as “ an embarrassment to our city.
” Hall agreed in June to stop firing tear gas and less-lethal ammunition at the nightly protests after two injured protesters sued her and the city in federal court .
@ @ @ @ @ @ @ in the face by a rubber bullet on May 30 , requiring surgery for a metal plate due to facial fractures .
Plaintiff Tasia Williams claims she was shot in the leg by a rubber bullet and was left bloodied on the bridge .
In a separate incident , protester Brandon Saenz was shot in the eye with a rubber bullet at a May 30 protest in downtown .
Images of Saenz lying on a sidewalk went viral , showing fellow protesters frantically trying to stop the blood pouring out of his head @ @ @ @ @ @ @ city or Hall , but his attorneys have demanded disclosure of the identity of the officer who blinded him .
In response to protester demands , Hall issued a new general order on June 5 requiring her officers to stop fellow officers from engaging in excessive force .
She said at the time the change is intended “ to create a culture where what happened to Mr. Floyd does not happen again.
” Councilmembers further grilled Hall on the city ’ s elevated violent crime rate for 2020 .
There were 209 murders @ @ @ @ @ @ @ % increase over 2018 .
There have already been 139 murders so far in 2020 — almost identical to the murder rate of 2019 .
As of Aug , 24 , there have been 5,015 assaults recorded in Dallas , which is more than the 4,078 recorded during the same period in 2019 .
Broadnax said after Hall ’ s announcement that he asked her to stay on the job until the end of the year , which she agreed to .
“ Chief Hall has provided consistent , passionate , resilient and @ @ @ @ @ @ @ he said in a statement .
“ She has implemented a host of reforms that will assist our department as we move forward.
” Mayor Eric Johnson — a Democrat — acknowledged Hall ’ s “ burden and the distinction of being the first woman — a woman of color no less ” to serve as police chief .
“ That was not lost on me , ” he said in a statement .
“ I wish her the best in her career and in her life moving forward .
I believe the @ @ @ @ @ @ @ support public safety in our communities .
We can not exclusively rely on law enforcement to reduce crime , but we absolutely need new policing strategies and fresh eyes that can help us reverse the unfortunate and unacceptable increases in violent crime in our city.
” Dallas joins the nearby cities of Fort Worth and Arlington in searching for a new police chief after resignations and retirements in 2020 .
Police chiefs in major cities across the country have stepped down in the wake of their handling of the protests , including police @ @ @ @ @ @ @ .
Hall was hired one year after a sniper targeted Dallas police officers at a peaceful protest against police brutality downtown , killing five cops .
The first major crisis of her tenure was the killing of unarmed Black resident Botham Jean by off-duty Dallas cop Amber Guyger , who mistook his apartment for her own and thought he was an intruder .
A Dallas County jury later convicted Guyger of murder and sentenced her to 10 years in state prison .
It remains one of the rare convictions of a white police @ @ @ @ @ @ @ Black person in the country .

Dallas’ first Black female police chief resigned Tuesday after facing intense criticism of her handling of this summer’s George Floyd protests and a failure to halt a spike in violent crimes.
DALLAS (CN) — Dallas’ first Black female police chief resigned Tuesday after facing intense criticism of her handling of this summer’s George Floyd protests and a failure to halt a spike in violent crimes.
Chief U. Renee Hall, 49, told Dallas City Manager T.C. Broadnax she is “extraordinarily grateful for the opportunity” to serve the Texas city’s residents.
“It has not been easy,” Hall wrote in a one-page letter. “These past three years have been saturated with a series of unimaginable events that individually and collectively have never happened in the City of Dallas. I am proud that this department has not only coped with an unthinkable series of events, but we have also managed to implement critical reforms that were clearly needed for the Dallas Police Department to meet out 21st Century Policing goals.”
Hall said she will stay on the force until November 10. The chief says she will “remain committed to my true calling which is law enforcement” as her next career step.
Hall was hired as chief in 2017, replacing David Brown — the current Superintendent of the Chicago Police Department. She previously served 18 years at the Detroit Police Department, rising to the rank of deputy chief.
Hall’s resignation comes one month after the Dallas City Council criticized her department’s use of less-lethal ammunition on residents protesting the killing of George Floyd by Minneapolis police on May 25. At the city’s Public Safety Committee meeting on Aug. 18, councilmember Omar Narvaez angrily cited “people up on that bridge, in my district, getting tear-gassed after I was told they were not and having pepper bullets shot at them.”
Hall had steadfastly denied tear gas was used at a protest on the Margaret Hunt Hill Bridge on the night of June 1. Hall admitted at the meeting that tear gas was used in the department’s final report.
“We are so blessed somebody did not jump off that bridge or fall off — it’s probably a 100-foot drop — and fall to their death,” he said at the time. “It is unacceptable the things that happened and I am outraged by it. Chief Hall, I have lost the trust.”
Deputy Mayor Pro Tem Adam McGough agreed, saying “it is clear to me we had a failure of leadership” in the police department.
Councilmember Cara Mendelsohn said she also saw “a lack of leadership” and deemed Hall’s handling as “an embarrassment to our city.”
Hall agreed in June to stop firing tear gas and less-lethal ammunition at the nightly protests after two injured protesters sued her and the city in federal court. Plaintiff Vincent Doyle said he was shot in the face by a rubber bullet on May 30, requiring surgery for a metal plate due to facial fractures. Plaintiff Tasia Williams claims she was shot in the leg by a rubber bullet and was left bloodied on the bridge.
In a separate incident, protester Brandon Saenz was shot in the eye with a rubber bullet at a May 30 protest in downtown. Images of Saenz lying on a sidewalk went viral, showing fellow protesters frantically trying to stop the blood pouring out of his head. Saenz has yet to sue the city or Hall, but his attorneys have demanded disclosure of the identity of the officer who blinded him.
In response to protester demands, Hall issued a new general order on June 5 requiring her officers to stop fellow officers from engaging in excessive force. She said at the time the change is intended “to create a culture where what happened to Mr. Floyd does not happen again.”
Councilmembers further grilled Hall on the city’s elevated violent crime rate for 2020. There were 209 murders in Dallas in 2019, a 30% increase over 2018. There have already been 139 murders so far in 2020 — almost identical to the murder rate of 2019. As of Aug, 24, there have been 5,015 assaults recorded in Dallas, which is more than the 4,078 recorded during the same period in 2019.
Broadnax said after Hall’s announcement that he asked her to stay on the job until the end of the year, which she agreed to.
“Chief Hall has provided consistent, passionate, resilient and robust leadership to our city,” he said in a statement. “She has implemented a host of reforms that will assist our department as we move forward.”
Mayor Eric Johnson — a Democrat — acknowledged Hall’s “burden and the distinction of being the first woman — a woman of color no less” to serve as police chief.
“That was not lost on me,” he said in a statement. “I wish her the best in her career and in her life moving forward. I believe the Dallas City Council now must continue to support public safety in our communities. We cannot exclusively rely on law enforcement to reduce crime, but we absolutely need new policing strategies and fresh eyes that can help us reverse the unfortunate and unacceptable increases in violent crime in our city.”
Dallas joins the nearby cities of Fort Worth and Arlington in searching for a new police chief after resignations and retirements in 2020. Police chiefs in major cities across the country have stepped down in the wake of their handling of the protests, including police chiefs in Portland, Seattle and Atlanta.
Hall was hired one year after a sniper targeted Dallas police officers at a peaceful protest against police brutality downtown, killing five cops. The first major crisis of her tenure was the killing of unarmed Black resident Botham Jean by off-duty Dallas cop Amber Guyger, who mistook his apartment for her own and thought he was an intruder. A Dallas County jury later convicted Guyger of murder and sentenced her to 10 years in state prison. It remains one of the rare convictions of a white police officer in the killing of an unarmed Black person in the country.


Don McGahn

WASHINGTON ( CN ) — The House Judiciary Committee petitioned for a rehearing of the latest decision by the D.C @ @ @ @ @ to former White House Counsel Don McGahn .
Last month , a three-judge panel ruled @ @ @ @ @ the authority to seek court-enforcement of subpoenas including the one issued in 2019 to the @ @ @ @ @ “ absolute immunity ” from testifying to Congress .

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--2020-09-09--Trump Announces Ban on Offshore Drilling Off Atlantic Coast

( CN ) — Calling himself a “ great environmentalist , ” President Donald Trump announced on Tuesday that he would be expanding a ban on new offshore drilling off the coasts of certain Atlantic states in a reversal of his previous support for it .
The president signed a memorandum that bars drilling off the coasts of Florida , Georgia and South Carolina for a period of 10 years — a move that will appeal to residents of those states who are concerned about protecting tourism-drawing beaches from oil spills .
“ This protects your beautiful gulf and your @ @ @ @ @ @ @ a long time to come , ” Trump said in a speech at the Jupiter Inlet Lighthouse in Jupiter , Florida , Tuesday .
The ban will take effect from July 2022 to June 2032 , according to the president ’ s memorandum .
A preexisting moratorium covers the Gulf of Mexico .
During the speech Tuesday in Florida where he announced the new ban , Trump pitched himself as a steward of the environment.
” He declared , in third-person : “ Trump is the great environmentalist.
” “ You hear that @ @ @ @ @ @ @ I am .
I am .
I believe strongly in it , ” Trump said .
Touting during the speech his signing of the bipartisan Great American Outdoors Act , which allotted up to $ 1.9 billion for infrastructure improvements for U.S. national parks , Trump dubbed himself the “ number one ” president for the environment since Theodore Roosevelt .
However , the Trump administration has also rolled back several regulations that were put in place to protect air and water quality , as well as habitats that are essential for threatened @ @ @ @ @ @ @ the Paris Agreement — aimed at mitigating climate change — and weakened the National Environmental Policy Act in order to fast-track construction permits .
Democratic presidential nominee Joe Biden said in a tweet on Tuesday that he has remained consistent in his opposition to new offshore drilling , while Trump has reversed his stance on the issue .
“ Just months ago , Donald Trump was planning to allow oil and gas drilling off the coast of Florida , ” Biden said in a tweet .
“ Now , with 56 days until @ @ @ @ @ @ @ he changed his mind .
Unbelievable.
” Others also called out Trump ’ s inconsistent stance on environmental policy Tuesday .
“ Trump ’ s administration has unleashed an unprecedented assault on our environment and the health of our communities .
His policies threaten our climate , air , water , public lands , wildlife , and oceans ; no amount of his greenwashing can change the simple fact : Donald Trump has been the worst president for our environment in history , ” a collection of environmental groups said in a statement @ @ @ @ @ @ @ League Action , Clean Water Action , Defenders of Wildlife , Earthjustice , EDF Action , Friends of the Earth , the League of Conservation Voters , the Sierra Club and the Wilderness Society .
South Carolina ’ s Republican Governor Henry McMaster , and the state ’ s Attorney General Alan Wilson , applauded the president ’ s announcement .
“ South Carolina is blessed with the most beautiful and pristine beaches , sea islands , and marshes in the nation , ” McMaster said .
“ Seismic testing and offshore drilling @ @ @ @ @ @ @ of our state ’ s $ 24 billion tourism industry .
Today ’ s announcement is good news , but we must remain vigilant in the conservation and preservation of our coastline .
Wilson thanked the Trump administration for listening to the state ’ s concerns .
“ We had sued the federal government to protect South Carolina ’ s coast from oil and gas exploration and drilling , ” Wilson said .
“ This is a step in the right direction and we will remain vigilant in protecting South Carolina ’ s @ @ @ @ @

Calling himself a “great environmentalist,” President Donald Trump announced on Tuesday that he would be expanding a ban on new offshore drilling off the coasts of certain Atlantic states in a reversal of his previous support for it.
(CN) — Calling himself a “great environmentalist,” President Donald Trump announced on Tuesday that he would be expanding a ban on new offshore drilling off the coasts of certain Atlantic states in a reversal of his previous support for it.
The president signed a memorandum that bars drilling off the coasts of Florida, Georgia and South Carolina for a period of 10 years — a move that will appeal to residents of those states who are concerned about protecting tourism-drawing beaches from oil spills.
“This protects your beautiful gulf and your beautiful ocean, and it will for a long time to come,” Trump said in a speech at the Jupiter Inlet Lighthouse in Jupiter, Florida, Tuesday.
The ban will take effect from July 2022 to June 2032, according to the president’s memorandum. A preexisting moratorium covers the Gulf of Mexico.
During the speech Tuesday in Florida where he announced the new ban, Trump pitched himself as a steward of the environment.”
He declared, in third-person: “Trump is the great environmentalist.”
“You hear that? That’s good, and I am. I am. I believe strongly in it," Trump said.
Touting during the speech his signing of the bipartisan Great American Outdoors Act, which allotted up to $1.9 billion for infrastructure improvements for U.S. national parks, Trump dubbed himself the “number one” president for the environment since Theodore Roosevelt.
However, the Trump administration has also rolled back several regulations that were put in place to protect air and water quality, as well as habitats that are essential for threatened or endangered species. The president left the Paris Agreement — aimed at mitigating climate change — and weakened the National Environmental Policy Act in order to fast-track construction permits.
Democratic presidential nominee Joe Biden said in a tweet on Tuesday that he has remained consistent in his opposition to new offshore drilling, while Trump has reversed his stance on the issue.
“Just months ago, Donald Trump was planning to allow oil and gas drilling off the coast of Florida,” Biden said in a tweet. “Now, with 56 days until the election, he conveniently says that he changed his mind. Unbelievable.”
Others also called out Trump’s inconsistent stance on environmental policy Tuesday.
“Trump’s administration has unleashed an unprecedented assault on our environment and the health of our communities. His policies threaten our climate, air, water, public lands, wildlife, and oceans; no amount of his greenwashing can change the simple fact: Donald Trump has been the worst president for our environment in history,” a collection of environmental groups said in a statement.
The groups included the Alaska Wilderness League Action, Clean Water Action, Defenders of Wildlife, Earthjustice, EDF Action, Friends of the Earth, the League of Conservation Voters, the Sierra Club and the Wilderness Society.
South Carolina’s Republican Governor Henry McMaster, and the state’s Attorney General Alan Wilson, applauded the president’s announcement.
“South Carolina is blessed with the most beautiful and pristine beaches, sea islands, and marshes in the nation,” McMaster said. “Seismic testing and offshore drilling threatens their health and jeopardizes the future of our state’s $24 billion tourism industry. Today’s announcement is good news, but we must remain vigilant in the conservation and preservation of our coastline.
Wilson thanked the Trump administration for listening to the state’s concerns.
“We had sued the federal government to protect South Carolina’s coast from oil and gas exploration and drilling,” Wilson said. “This is a step in the right direction and we will remain vigilant in protecting South Carolina’s coast and economy.”


courthousenews--2020-09-09--Judges Deny Iowa School Districts’ Requests to Block Governor’s Classroom Time Order

( CN ) — An Iowa judge denied a bid by a statewide teachers ’ union and a local school district to halt enforcement of Republican Governor Kim Reynolds ’ order that public schoolchildren spend at least half their time in the classroom amid the Covid-19 pandemic .
School officials and many parents are worried about sending children , teachers and staff back to the classroom at a time when Iowa continues to see large numbers of new Covid-19 cases .
Just a week ago , Iowa had the distinction of having the highest rate in the nation for Covid-19 @ @ @ @ @ @ @ White House Coronavirus Task Force .
Iowa has since dropped out of first place but it is still seeing rising numbers , especially in university communities .
Nonetheless , the governor has ordered that all public or state-accredited private schools provide at least 50 % in-class instruction unless positive test results for the virus exceed a certain level within a district or a district receives a waiver from the state Department of Education .
District Judge Mary Chicchelly ruled Tuesday that the governor is on solid legal ground .
The judge Tuesday denied @ @ @ @ @ @ @ City Community School District ’ s request for an emergency temporary injunction .
The judge said the governor ’ s orders returning most Iowa students for in-classroom instruction at least half-time is within her authority under the Iowa Constitution and state law .
When the harms to the parties are balanced , she wrote , “ the facts weigh against ” a temporary injunction .
“ While Covid-19 certainly presents the risk of harm to petitioners ’ members , staff , and students , there also are risks to students that may result @ @ @ @ @ @ @ .
“ The risks are compelling and equal on both sides of this argument , and petitioners can not show that the harms of which they complain outweigh those of the experiences that students might have if schools are permitted to shutdown indefinitely and without oversight from [ the state ] .
” A second Iowa judge issued a similar decision Tuesday , denying a motion by the Des Moines Community School District ’ s request for a temporary injunction based on similar grounds .
Both the statewide teachers ’ union and the @ @ @ @ @ @ @ are not giving up just yet .
“ The ISEA is disappointed in the court ’ s decision .
However , we know this is just an initial step in a longer process , ” the association said in a statement .
“ We will continue to review our options and determine the best way to move forward .
In the meantime , we will persist in our efforts to ensure our students , school employees and communities are safe .
We are undeterred in this commitment.
” Des Moines Superintendent Thomas Ahart @ @ @ @ @ @ @ will be weighing its next move .
The school board will meet in closed session Wednesday to discuss the next steps , and in the meantime , instruction will continue online for most Des Moines students .
“ We are disappointed in today ’ s ruling denying our request for a temporary injunction to allow DMPS to begin the year online , ” Ahart said in the statement .
“ The School Board proceeded with online learning only after serious consideration of all options , due to the alarming rise of Covid-19 in @ @ @ @ @ @ @ been at the heart of school operations in our state .
In these unprecedented times we need more flexibility , not less , and we believe that is what the legislature intended to provide us.
” Iowa schoolchildren had not been in classrooms since March after the pandemic hit , and all instruction moved online .
Students have been returning to classrooms in recent weeks , either in person or virtually , with the arrival of the new school , Iowa school administrators were preparing plans , ranging from total virtual learning to @ @ @ @

An Iowa judge denied a bid by a statewide teachers’ union and a local school district to halt enforcement of Republian Governor Kim Reynolds’ order that public schoolchildren spend at least half their time in the classroom amid the Covid-19 pandemic.
(CN) — An Iowa judge denied a bid by a statewide teachers’ union and a local school district to halt enforcement of Republican Governor Kim Reynolds’ order that public schoolchildren spend at least half their time in the classroom amid the Covid-19 pandemic.
School officials and many parents are worried about sending children, teachers and staff back to the classroom at a time when Iowa continues to see large numbers of new Covid-19 cases. Just a week ago, Iowa had the distinction of having the highest rate in the nation for Covid-19 cases per 100,000, according to the White House Coronavirus Task Force.
Iowa has since dropped out of first place but it is still seeing rising numbers, especially in university communities.
Nonetheless, the governor has ordered that all public or state-accredited private schools provide at least 50% in-class instruction unless positive test results for the virus exceed a certain level within a district or a district receives a waiver from the state Department of Education.
District Judge Mary Chicchelly ruled Tuesday that the governor is on solid legal ground.
The judge Tuesday denied the Iowa State Education Association and Iowa City Community School District’s request for an emergency temporary injunction. The judge said the governor’s orders returning most Iowa students for in-classroom instruction at least half-time is within her authority under the Iowa Constitution and state law.
When the harms to the parties are balanced, she wrote, “the facts weigh against” a temporary injunction.
“While Covid-19 certainly presents the risk of harm to petitioners’ members, staff, and students, there also are risks to students that may result from school closures,” she wrote. “The risks are compelling and equal on both sides of this argument, and petitioners cannot show that the harms of which they complain outweigh those of the experiences that students might have if schools are permitted to shutdown indefinitely and without oversight from [the state].”
A second Iowa judge issued a similar decision Tuesday, denying a motion by the Des Moines Community School District’s request for a temporary injunction based on similar grounds.
Both the statewide teachers’ union and the Des Moines School District indicated Tuesday they are not giving up just yet.
“The ISEA is disappointed in the court’s decision. However, we know this is just an initial step in a longer process,” the association said in a statement. “We will continue to review our options and determine the best way to move forward. In the meantime, we will persist in our efforts to ensure our students, school employees and communities are safe. We are undeterred in this commitment.”
Des Moines Superintendent Thomas Ahart released a statement Tuesday saying the district will be weighing its next move. The school board will meet in closed session Wednesday to discuss the next steps, and in the meantime, instruction will continue online for most Des Moines students.
“We are disappointed in today’s ruling denying our request for a temporary injunction to allow DMPS to begin the year online,” Ahart said in the statement. “The School Board proceeded with online learning only after serious consideration of all options, due to the alarming rise of Covid-19 in our community. Local control has long been at the heart of school operations in our state. In these unprecedented times we need more flexibility, not less, and we believe that is what the legislature intended to provide us.”
Iowa schoolchildren had not been in classrooms since March after the pandemic hit, and all instruction moved online. Students have been returning to classrooms in recent weeks, either in person or virtually, with the arrival of the new school, Iowa school administrators were preparing plans, ranging from total virtual learning to partial classroom instruction.


courthousenews--2020-09-09--DOJ Wants Taxpayer-Funded Defense of Trump Rape Accuser’s Suit

MANHATTAN ( CN ) — In a highly unusual move on Tuesday , the Department of Justice moved to swap the U.S. government for President Donald Trump in a lawsuit filed by his rape accuser E. Jean Carroll .
The government justified the maneuver by arguing that Trump had been acting within his White House duties by denying allegations that he sexually assaulted the famed New York columnist in the dressing room of the department store Bergdorf Goodman in the 1990s .
“ President Trump was acting within the scope of his office or employment at the time of the @ @ @ @ @ @ @ s claim arose , ” the 4-page motion states .
Shortly after filing the motion , the government opened a federal docket captioned E. Jean Carroll v. United States of America seeking to displace state lawsuit E. Jean Carroll v. Donald J. Trump , effectively putting possible liabilities on taxpayers instead of the president .
First filed last November , Carroll ’ s lawsuit followed a string of denials to her accusations .
“ Number one , she ’ s not my type , ” Trump told The Hill on June 24 , @ @ @ @ @ @ @ never happened .
It never happened , OK ?
” Trump lost his bid to put the case on hold a little more than a month ago , and Carroll skewered the president ’ s attempts to delay her case as increasingly desperate .
“ President Trump knows that I told the truth when I said that he had sexually assaulted me in a dressing room at Bergdorf Goodman , ” Carroll wrote in a statement .
“ He also knows that he was lying when he said that he had never met @ @ @ @ @ @ @ ’ t his type.
’ Today ’ s actions demonstrate that Trump will do everything possible , including using the full powers of the federal government , to block discovery from going forward in my case before the upcoming election to try to prevent a jury from ever deciding which one of us is lying.
” Her attorneys have requested that Trump provide a DNA sample to see whether his genetic material is on the dress Carroll said that she wore during the incident .
“ But Trump underestimates me , and he @ @ @ @ @ @ @ ” Carroll said .
Her attorney Roberta Kaplan from the firm Kaplan Hecker & Fink LLP slammed the Justice Department ’ s bid as a delay tactic to postpone imminent , and potentially embarrassing , pre-election discovery .
“ Trump was soon going to be required to produce documents , provide a DNA sample , and sit for a deposition , ” Kaplan said .
“ Realizing that there was no valid basis to appeal that decision in the New York courts , on the very day that he would have been required @ @ @ @ @ @ @ U.S. Department of Justice to replace his private lawyers and argue that when he lied about sexually assaulting our client , explaining that she ‘ wasn ’ t his type , ’ he was acting in his official capacity as President of the United States .
Even in today ’ s world , that argument is shocking.
” Under Attorney General William Barr , the Justice Department repeatedly inserted itself into the president ’ s battles , both directly and indirectly .
When Congress sought Trump ’ s financial information from Deutsche Bank @ @ @ @ @ @ @ in that case all the way up to the Supreme Court , arguing that legislators failed to show the records “ demonstrably critical ” to their plans .
Barr has faced regular criticism for giving soft treatment to Trump ’ s allies , from former General Michael Flynn to Roger Stone , the self-proclaimed “ dirty trickster ” convicted of witness intimidation .
For Carroll ’ s lawyer Kaplan , this latest wrinkle is beyond the pale .
“ It offends me as a lawyer , and offends me even more as a @ @ @ @ @ @ @ Trump ’ s effort to wield the power of the U.S. government to evade responsibility for his private misconduct is without precedent , and shows even more starkly how far he is willing to go to prevent the truth from coming out.
” The Justice Department did not immediately respond to a request for comment .

In a highly unusual move on Tuesday, the Department of Justice moved to swap the U.S. government for President Donald Trump in a lawsuit filed by his rape accuser E. Jean Carroll.
MANHATTAN (CN) — In a highly unusual move on Tuesday, the Department of Justice moved to swap the U.S. government for President Donald Trump in a lawsuit filed by his rape accuser E. Jean Carroll.
The government justified the maneuver by arguing that Trump had been acting within his White House duties by denying allegations that he sexually assaulted the famed New York columnist in the dressing room of the department store Bergdorf Goodman in the 1990s.
“President Trump was acting within the scope of his office or employment at the time of the incident out of which the plaintiff’s claim arose,” the 4-page motion states.
Shortly after filing the motion, the government opened a federal docket captioned E. Jean Carroll v. United States of America seeking to displace state lawsuit E. Jean Carroll v. Donald J. Trump, effectively putting possible liabilities on taxpayers instead of the president.
First filed last November, Carroll’s lawsuit followed a string of denials to her accusations.
“Number one, she’s not my type,” Trump told The Hill on June 24, 2019. “Number two, it never happened. It never happened, OK?”
Trump lost his bid to put the case on hold a little more than a month ago, and Carroll skewered the president’s attempts to delay her case as increasingly desperate.
“President Trump knows that I told the truth when I said that he had sexually assaulted me in a dressing room at Bergdorf Goodman,” Carroll wrote in a statement. “He also knows that he was lying when he said that he had never met me before and that I ‘wasn’t his type.’ Today’s actions demonstrate that Trump will do everything possible, including using the full powers of the federal government, to block discovery from going forward in my case before the upcoming election to try to prevent a jury from ever deciding which one of us is lying.”
Her attorneys have requested that Trump provide a DNA sample to see whether his genetic material is on the dress Carroll said that she wore during the incident.
“But Trump underestimates me, and he also has underestimated the American people,” Carroll said.
Her attorney Roberta Kaplan from the firm Kaplan Hecker & Fink LLP slammed the Justice Department’s bid as a delay tactic to postpone imminent, and potentially embarrassing, pre-election discovery.
“Trump was soon going to be required to produce documents, provide a DNA sample, and sit for a deposition,” Kaplan said. “Realizing that there was no valid basis to appeal that decision in the New York courts, on the very day that he would have been required to appeal, Trump instead enlisted the U.S. Department of Justice to replace his private lawyers and argue that when he lied about sexually assaulting our client, explaining that she ‘wasn’t his type,’ he was acting in his official capacity as President of the United States. Even in today’s world, that argument is shocking.”
Under Attorney General William Barr, the Justice Department repeatedly inserted itself into the president’s battles, both directly and indirectly.
When Congress sought Trump’s financial information from Deutsche Bank and Capital One, the department intervened in that case all the way up to the Supreme Court, arguing that legislators failed to show the records “demonstrably critical” to their plans. Barr has faced regular criticism for giving soft treatment to Trump’s allies, from former General Michael Flynn to Roger Stone, the self-proclaimed “dirty trickster” convicted of witness intimidation.
For Carroll’s lawyer Kaplan, this latest wrinkle is beyond the pale.
“It offends me as a lawyer, and offends me even more as a citizen,” she wrote. “Trump’s effort to wield the power of the U.S. government to evade responsibility for his private misconduct is without precedent, and shows even more starkly how far he is willing to go to prevent the truth from coming out.”
The Justice Department did not immediately respond to a request for comment.


courthousenews--2020-09-10--Whistleblower Accuses DHS of Downplaying Russian Election Interference Threat

WASHINGTON ( CN ) — A whistleblower complaint released Wednesday claims Department of Homeland Security leaders pressured intelligence officials to downplay details that conflict with President Donald Trump ’ s rhetoric such as Russian election interference and threats posed by white supremacists .
Top DHS intelligence analyst Brian Murphy filed a complaint with the agency ’ s inspector general on Tuesday , alleging he was demoted for refusing to modify intelligence assessments as recommended by the Trump appointees in charge .
According to the complaint , Murphy filed several disclosures , including a few that were “ regarding a repeated @ @ @ @ @ @ @ censorship of intelligence analysis and improper administration of an intelligence program related to Russian efforts to influence and undermine United States interests.
” From 2018 to the end of July 2020 , Murphy was Principal Deputy Under Secretary in the Office of Intelligence and Analysis before he was demoted to the role of Assistant to the Deputy Under Secretary for the DHS Management Division in August .
Murphy ’ s demotion followed years of his submitting disclosures to the Office of Inspector General , a government watchdog agency .
Among these disclosures were @ @ @ @ @ @ @ false information to Congress in 2018 about the number of migrants crossing the U.S. southern border and that her deputies pressed him to exaggerate the number of migrants with links to terrorism detained at the border .
“ Mr .
Murphy ’ s protected disclosures involve violations of federal law and regulations , as well as abuses of authority ” that were allegedly conducted by Nielsen , current acting Secretary Chad Wolf and his deputy , Ken Cuccinelli , according to the complaint .
Murphy claims that Wolf , who was nominated to @ @ @ @ @ @ @ providing intelligence assessments on the threat of Russian interference because it “ made the President look bad.
” “ Mr .
Murphy ’ s reasonable belief is premised on the fact there were a limited number of witnesses who would have been present in the meetings where the information was discussed that underlay the allegations in the first OIG complaint , ” the complaint says , explaining why Murphy believes his demotion was retaliatory .
“ The whistleblower reprisal complaint depicts a sustained and disturbing pattern of misconduct by senior Trump administration officials @ @ @ @ @ @ @ ” House Intelligence Committee chairman Adam Schiff wrote in a statement on Wednesday .
In addition to his claims about Nielsen , Murphy said Cuccinelli had directed him to alter a section of a report on white supremacy in order to make the threat appear less severe .
He claims he was also urged to include information on left-wing groups in the report to echo Trump ’ s rhetoric surrounding civil unrest following protests over the killing of George Floyd .
Last year , during a meeting over intelligence reports that were designed @ @ @ @ @ @ @ regarding their legal standards , Murphy says Cuccinelli “ expressed frustration with the intelligence reports , and he accused unknown ‘ deep state intelligence analysts ’ of compiling the intelligence information to undermine President Donald J. Trump ’ s policy objectives with respect to asylum.
” Cuccinelli requested changes to that report , which had highlighted poor conditions in Guatemala , Honduras and El Salvador , according to Murphy .
Schiff , who had released the complaint on Wednesday , said he asked Murphy to testify before Congress about his observations .

A whistleblower complaint released Wednesday claims Department of Homeland Security leaders pressured intelligence officials to downplay details that conflict with President Donald Trump’s rhetoric such as Russian election interference and threats posed by white supremacists.
WASHINGTON (CN) — A whistleblower complaint released Wednesday claims Department of Homeland Security leaders pressured intelligence officials to downplay details that conflict with President Donald Trump’s rhetoric such as Russian election interference and threats posed by white supremacists.
Top DHS intelligence analyst Brian Murphy filed a complaint with the agency's inspector general on Tuesday, alleging he was demoted for refusing to modify intelligence assessments as recommended by the Trump appointees in charge.
According to the complaint, Murphy filed several disclosures, including a few that were “regarding a repeated pattern of abuse of authority, attempted censorship of intelligence analysis and improper administration of an intelligence program related to Russian efforts to influence and undermine United States interests.”
From 2018 to the end of July 2020, Murphy was Principal Deputy Under Secretary in the Office of Intelligence and Analysis before he was demoted to the role of Assistant to the Deputy Under Secretary for the DHS Management Division in August.
Murphy’s demotion followed years of his submitting disclosures to the Office of Inspector General, a government watchdog agency.
Among these disclosures were claims that then-DHS Secretary Kirstjen Nielsen provided false information to Congress in 2018 about the number of migrants crossing the U.S. southern border and that her deputies pressed him to exaggerate the number of migrants with links to terrorism detained at the border.
“Mr. Murphy’s protected disclosures involve violations of federal law and regulations, as well as abuses of authority” that were allegedly conducted by Nielsen, current acting Secretary Chad Wolf and his deputy, Ken Cuccinelli, according to the complaint.
Murphy claims that Wolf, who was nominated to by Trump, directed him to cease providing intelligence assessments on the threat of Russian interference because it "made the President look bad."
“Mr. Murphy’s reasonable belief is premised on the fact there were a limited number of witnesses who would have been present in the meetings where the information was discussed that underlay the allegations in the first OIG complaint,” the complaint says, explaining why Murphy believes his demotion was retaliatory.
“The whistleblower reprisal complaint depicts a sustained and disturbing pattern of misconduct by senior Trump administration officials within the White House and DHS," House Intelligence Committee chairman Adam Schiff wrote in a statement on Wednesday.
In addition to his claims about Nielsen, Murphy said Cuccinelli had directed him to alter a section of a report on white supremacy in order to make the threat appear less severe.
He claims he was also urged to include information on left-wing groups in the report to echo Trump’s rhetoric surrounding civil unrest following protests over the killing of George Floyd.
Last year, during a meeting over intelligence reports that were designed to help asylum officers render better determinations regarding their legal standards, Murphy says Cuccinelli “expressed frustration with the intelligence reports, and he accused unknown ‘deep state intelligence analysts’ of compiling the intelligence information to undermine President Donald J. Trump’s policy objectives with respect to asylum.”
Cuccinelli requested changes to that report, which had highlighted poor conditions in Guatemala, Honduras and El Salvador, according to Murphy.
Schiff, who had released the complaint on Wednesday, said he asked Murphy to testify before Congress about his observations.


Hollywood Health

LOS ANGELES — Academy Award winner Hilary Swank slapped the board of the SAG-AFTRA health plan with a federal lawsuit @ @ @ @ @ board of denying coverage for the treatment of her recurring malignant ovarian cysts .


Top Eight

Your Wednesday night briefing from the staff of Courthouse News Top eight CNS stories for today including Democratic presidential candidate Joe Biden made a campaign stop in a Michigan county President Trump won by a razor-slim margin four years ago ; Countless wildfires are raging through California , Oregon and Washington state ; Croatia scored a victory in Europe ’ s squabbles over wine labels , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through Friday .
1 . )
President Donald Trump @ @ @ @ @ @ @ whopping $ 210 million for the president ’ s reelection in August , his campaign announced Wednesday , but even that did not come close to matching his competitor ’ s haul .
2 . )
Just eight years out of law school , President Trump ’ s nominee to the U.S. District Court for the Middle District of Florida faced a volley of criticism from Democrats on Wednesday after the American Bar Association rated her “ not qualified ” to take the bench .
3 . )
President Trump admitted to intentionally @ @ @ @ @ @ @ being warned that it was deadly and highly contagious , according to a forthcoming book from journalist Bob Woodward .
4 . )
Democratic presidential candidate Joe Biden made a campaign stop in Michigan on Wednesday , speaking about preventing jobs from going overseas in a county President Donald Trump won by a razor-slim margin four years ago .
5 . )
A new survey shows a tightening race for the presidency in the critical battleground state of Wisconsin , with Republican incumbent Donald Trump narrowing former Democratic vice president Joe Biden ’ @ @ @ @ @ @ @ 6 . )
Illuminating the unmatched disaster pounding the West Coast , millions woke up Wednesday to the increasingly familiar blend of orange skies and swirling ash as countless wildfires rage through California , Oregon and Washington state .
7 . )
Croatia scored a victory in Europe ’ s squabbles over wine labels when the European General Court on Wednesday rejected a move by Slovenia to stop Croatian winemakers from using the name “ teran , ” a wine variety known for its fruity taste and ruby red colors .
8 .
@ @ @ @ @ @ @ in climate change-causing carbon emissions during the height of the coronavirus pandemic , global emissions have already rebounded to near pre-pandemic levels , a group of leading science organizations said Wednesday .

Top eight CNS stories for today including Democratic presidential candidate Joe Biden made a campaign stop in a Michigan county President Trump won by a razor-slim margin four years ago; Countless wildfires are raging through California, Oregon and Washington state; Croatia scored a victory in Europe’s squabbles over wine labels, and more.
Your Wednesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including Democratic presidential candidate Joe Biden made a campaign stop in a Michigan county President Trump won by a razor-slim margin four years ago; Countless wildfires are raging through California, Oregon and Washington state; Croatia scored a victory in Europe’s squabbles over wine labels, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) President Donald Trump and the Republican National Committee raised a whopping $210 million for the president’s reelection in August, his campaign announced Wednesday, but even that did not come close to matching his competitor’s haul.
President Donald Trump delivers remarks on the environment at Jupiter Inlet Lighthouse and Museum, Tuesday, Sept. 8, 2020, in Jupiter, Fla. (AP Photo/Evan Vucci)
2.) Just eight years out of law school, President Trump’s nominee to the U.S. District Court for the Middle District of Florida faced a volley of criticism from Democrats on Wednesday after the American Bar Association rated her “not qualified” to take the bench.
The U.S. Capitol in Washington. (Courthouse News photo/Jack Rodgers)
3.) President Trump admitted to intentionally downplaying the threat of the coronavirus despite being warned that it was deadly and highly contagious, according to a forthcoming book from journalist Bob Woodward.
President Donald Trump reacts to the crowd as he arrives to speak at a campaign rally at Smith Reynolds Airport, Tuesday, Sept. 8, 2020, in Winston-Salem, N.C. (AP Photo/Evan Vucci)
Regional
4.) Democratic presidential candidate Joe Biden made a campaign stop in Michigan on Wednesday, speaking about preventing jobs from going overseas in a county President Donald Trump won by a razor-slim margin four years ago.
Democratic presidential candidate former Vice President Joe Biden waves as he steps off a plane at Detroit Metropolitan Wayne County Airport in Detroit, Wednesday, Sept. 9, 2020. Biden is attending campaign events in Michigan. (AP Photo/Patrick Semansky)
5.) A new survey shows a tightening race for the presidency in the critical battleground state of Wisconsin, with Republican incumbent Donald Trump narrowing former Democratic vice president Joe Biden’s lead to 4 percentage points.
Supporters of both President Donald Trump and Black Lives Matters clash in a park outside the Kenosha County Courthouse, Tuesday, Sept. 1, 2020, in Kenosha, Wis. (AP Photo/Morry Gash)
6.) Illuminating the unmatched disaster pounding the West Coast, millions woke up Wednesday to the increasingly familiar blend of orange skies and swirling ash as countless wildfires rage through California, Oregon and Washington state.
A sign along Interstate 5 north of Eugene, Ore. warns drivers that Highway 126 eastbound is closed do to a wildfire, Tuesday, Sept. 8, 2020, in the area as smoke clogs the sky from wildfires burning in the state. (Chris Pietsch/The Register-Guard via AP)
International
7.) Croatia scored a victory in Europe’s squabbles over wine labels when the European General Court on Wednesday rejected a move by Slovenia to stop Croatian winemakers from using the name “teran,” a wine variety known for its fruity taste and ruby red colors.
Wine bottle are seen in a wine shop in Paris, Thursday, Oct. 3, 2019. The European Union will retaliate against the U.S. decision to slap tariffs on a range of the bloc's exports - from cheese to wine - that are expected to cause job losses, governments and industry groups said Thursday. (AP Photo/Kamil Zihnioglu)
8.) Despite a brief but record-breaking drop in climate change-causing carbon emissions during the height of the coronavirus pandemic, global emissions have already rebounded to near pre-pandemic levels, a group of leading science organizations said Wednesday.


courthousenews--2020-09-09--Judge Orders White House to Include Sign Language in Covid Briefings

WASHINGTON ( CN ) — The Trump administration may have violated federal law by not including American Sign Language interpretation in televised briefings on the coronavirus pandemic , a federal judge in Washington ruled Wednesday .
U.S. District Judge James Boasberg granted temporary relief that will require the White House to include in-frame ASL interpretation , already adopted by the governors of all 50 states in their Covid-19 video broadcasts , pending final judgment in the case .
The judge found “ there is little debate ” that deaf Americans would suffer irreparable harm — the threshold to warrant injunctive @ @ @ @ @ @ @ critical information on the pandemic .
At no point did the White House argue that providing an ASL interpreter to guarantee access would be too burdensome , the Obama appointee wrote in a 25-page opinion .
“ The Court also agrees with Plaintiffs that it is in the public interest for them to receive up-to-date information during the pandemic .
.
.
particularly given the rapidly evolving science on the nature of the virus ’ s spread , ” Boasberg wrote .
The National Association of the Deaf along with five deaf individuals @ @ @ @ @ @ @ Kayleigh McEnany last month , with the nonprofit saying it received hundreds of complaints from deaf and hard-of-hearing Americans who can ’ t access critical information during the deadly outbreak .
The lawsuit argues the White House violated the Rehabilitation Act of 1973 , specifically Section 504 , by failing to ensure full accessibility for these individuals .
While the Justice Department argued last month that the White House Press Office includes live closed captioning of briefings , the plaintiffs said that does not meet the need .
“ ASL is a complete @ @ @ @ @ @ @ with its own vocabulary and rules for grammar and syntax — it is not simply English in hand signals , ” the complaint filed Aug. 3 states .
Boasberg agreed based in part on a recent ruling by a New York judge that government officials must provide in-frame ASL interpreters during public briefings on the pandemic .
“ Closed captioning and transcripts may constitute a reasonable accommodation under some circumstances , but not here .
As another court explained in rejecting a state government ’ s similar arguments , these ‘ accommodations — @ @ @ @ @ @ @ “ meaningful access in the circumstances [ presented ] here ” , ’ ” Boasberg wrote .
Both the White House and Justice Department were not available to comment on the ruling passed down Wednesday .
The lawsuit specifies that without an interpreter on the scene , deaf Americans are missing out on critical information from Dr. Anthony Fauci , the country ’ s top infectious disease expert , and Dr. Deborah Birx who leads the White House Coronavirus Task Force .
The judge opted to stay the order mandating ASL interpretation until @ @ @ @ @ @ @ best way for the White House to fulfill its obligation , including whether to have an ASL interpreter physically near the speaker or interpreting in a simultaneous live feed .
He made clear his decision applies only to the White House and not media outlets that broadcast the press briefings , but added that the government could arguably “ provide the video of that same ASL interpreter to media outlets or enable those outlets to film the interpreter at the same time that the White House does.
” “ But the Court again @ @ @ @ @ @ @ ” Boasberg wrote .

The Trump administration may have violated federal law by not including American Sign Language interpretation in televised briefings on the coronavirus pandemic, a federal judge in Washington ruled Wednesday.
WASHINGTON (CN) — The Trump administration may have violated federal law by not including American Sign Language interpretation in televised briefings on the coronavirus pandemic, a federal judge in Washington ruled Wednesday.
U.S. District Judge James Boasberg granted temporary relief that will require the White House to include in-frame ASL interpretation, already adopted by the governors of all 50 states in their Covid-19 video broadcasts, pending final judgment in the case.
The judge found “there is little debate” that deaf Americans would suffer irreparable harm — the threshold to warrant injunctive relief — if denied timely access to critical information on the pandemic.
At no point did the White House argue that providing an ASL interpreter to guarantee access would be too burdensome, the Obama appointee wrote in a 25-page opinion.
“The Court also agrees with Plaintiffs that it is in the public interest for them to receive up-to-date information during the pandemic . . . particularly given the rapidly evolving science on the nature of the virus’s spread,” Boasberg wrote.
The National Association of the Deaf along with five deaf individuals sued President Donald Trump and Press Secretary Kayleigh McEnany last month, with the nonprofit saying it received hundreds of complaints from deaf and hard-of-hearing Americans who can’t access critical information during the deadly outbreak.
The lawsuit argues the White House violated the Rehabilitation Act of 1973, specifically Section 504, by failing to ensure full accessibility for these individuals.
While the Justice Department argued last month that the White House Press Office includes live closed captioning of briefings, the plaintiffs said that does not meet the need.
“ASL is a complete and complex language distinct from English, with its own vocabulary and rules for grammar and syntax — it is not simply English in hand signals,” the complaint filed Aug. 3 states.
Boasberg agreed based in part on a recent ruling by a New York judge that government officials must provide in-frame ASL interpreters during public briefings on the pandemic.
“Closed captioning and transcripts may constitute a reasonable accommodation under some circumstances, but not here. As another court explained in rejecting a state government’s similar arguments, these ‘accommodations — however well-intentioned — simply do not provide "meaningful access in the circumstances [presented] here",’” Boasberg wrote.
Both the White House and Justice Department were not available to comment on the ruling passed down Wednesday.
The lawsuit specifies that without an interpreter on the scene, deaf Americans are missing out on critical information from Dr. Anthony Fauci, the country's top infectious disease expert, and Dr. Deborah Birx who leads the White House Coronavirus Task Force.
The judge opted to stay the order mandating ASL interpretation until after holding a hearing to determine the best way for the White House to fulfill its obligation, including whether to have an ASL interpreter physically near the speaker or interpreting in a simultaneous live feed.
He made clear his decision applies only to the White House and not media outlets that broadcast the press briefings, but added that the government could arguably “provide the video of that same ASL interpreter to media outlets or enable those outlets to film the interpreter at the same time that the White House does.”
“But the Court again imposes no mandate on the media,” Boasberg wrote.


courthousenews--2020-09-09--Newsom Signs Lifeline for California Small Businesses

SACRAMENTO , Calif. ( CN ) — Granting relief to small businesses hit hardest by the pandemic , California Governor Gavin Newsom on Wednesday signed legislation intended to keep Main Street afloat and spur new jobs .
Warning that over 40 % of the state ’ s small businesses are at risk of closing , Newsom approved a law that will allow businesses to claim a $ 1,000 tax credit for each net increase in full-time employees .
The hiring credit will apply to businesses with fewer than 100 employees that have suffered a 50 % decrease in gross revenue @ @ @ @ @ @ @ lifeblood of California ’ s economy , it ’ s about a sense of pride and spirt that we all have , ” said Newsom during a signing ceremony .
“ This is about the California dream.
” Under Senate Bill 1447 , the state will offer up to $ 100 million in hiring credits , with benefits for individual businesses capped at $ 100,000 .
The tax credit is good for qualified hires between July and November and the credit can be applied over the next five years .
Supporters say the @ @ @ @ @ @ @ week of the legislative session , was drawn up as means to benefit minority and immigrant-owned businesses struggling in rural parts of the state .
State Sen. Anna Caballero says SB 1447 will give business owners badly needed resources to rehire staff lost during the pandemic ’ s early stages .
“ This pandemic has really placed an incredible burden on them and their family because their dreams have been delayed , ” said Caballero , D-Salinas .
“ This tax credit is going to be tremendously important.
” The measure passed unanimously @ @ @ @ @ @ @ in both the Senate and Assembly , but concerns were raised about its scope .
An Aug. 30 analysis by the Assembly Revenue and Taxation Committee cautions the relief won ’ t be available to small businesses that have yet to actually start their economic rebound .
The committee ’ s lawyers additionally note the credits are available on a first-come , first-served basis , meaning the most adept businesses could scoop up the relief .
“ This bill provides the most generous credit amounts to those businesses that have been able , @ @ @ @ @ @ @ their workforce during the five-month period beginning July 1 , 2020 , ” the analysis states .
“ Thus , it could be argued that this bill confers the most generous benefits on those businesses that are well on their way to recovery , as opposed to those businesses currently unable to operate at anything comparable to a pre-pandemic normal.
” Newsom also inked legislation that will allow businesses to exclude federal Paycheck Protection Program loans from their gross income tax filings .
Both bills go into effect on Jan. 1 , 2021 @ @ @ @ @ @ @ the loan forgiveness is necessary to ensure that businesses fortunate enough to receive the federal relief aren ’ t penalized with new tax liabilities next spring .
“ Small businesses need protection — they are taking the brunt of the economic impact created by Covid-19 , ” said Assemblywoman Autumn Burke , D-Marina del Rey , in a statement .
“ The federal Paycheck Protection Program was designed to help businesses stay afloat during this crisis and AB 1577 furthers that goal by preventing surprise tax bills and easing administrative burdens for thousands @ @ @ @ @ @ @ ”

Granting relief to small businesses hit hardest by the pandemic, California Governor Gavin Newsom on Wednesday signed legislation intended to keep Main Street afloat and spur new jobs.
SACRAMENTO, Calif. (CN) — Granting relief to small businesses hit hardest by the pandemic, California Governor Gavin Newsom on Wednesday signed legislation intended to keep Main Street afloat and spur new jobs.
Warning that over 40% of the state’s small businesses are at risk of closing, Newsom approved a law that will allow businesses to claim a $1,000 tax credit for each net increase in full-time employees. The hiring credit will apply to businesses with fewer than 100 employees that have suffered a 50% decrease in gross revenue.
“This is really about the lifeblood of California’s economy, it’s about a sense of pride and spirt that we all have,” said Newsom during a signing ceremony. “This is about the California dream.”
Under Senate Bill 1447, the state will offer up to $100 million in hiring credits, with benefits for individual businesses capped at $100,000. The tax credit is good for qualified hires between July and November and the credit can be applied over the next five years.
Supporters say the bill, hastily proposed during the final week of the legislative session, was drawn up as means to benefit minority and immigrant-owned businesses struggling in rural parts of the state. State Sen. Anna Caballero says SB 1447 will give business owners badly needed resources to rehire staff lost during the pandemic’s early stages.
“This pandemic has really placed an incredible burden on them and their family because their dreams have been delayed,” said Caballero, D-Salinas. “This tax credit is going to be tremendously important.”
The measure passed unanimously on the final day of the session in both the Senate and Assembly, but concerns were raised about its scope.
An Aug. 30 analysis by the Assembly Revenue and Taxation Committee cautions the relief won’t be available to small businesses that have yet to actually start their economic rebound. The committee’s lawyers additionally note the credits are available on a first-come, first-served basis, meaning the most adept businesses could scoop up the relief.
“This bill provides the most generous credit amounts to those businesses that have been able, for whatever reason, to hire back their workforce during the five-month period beginning July 1, 2020,” the analysis states. “Thus, it could be argued that this bill confers the most generous benefits on those businesses that are well on their way to recovery, as opposed to those businesses currently unable to operate at anything comparable to a pre-pandemic normal.”
Newsom also inked legislation that will allow businesses to exclude federal Paycheck Protection Program loans from their gross income tax filings. Both bills go into effect on Jan. 1, 2021.
The bill’s author said the loan forgiveness is necessary to ensure that businesses fortunate enough to receive the federal relief aren’t penalized with new tax liabilities next spring.
"Small businesses need protection — they are taking the brunt of the economic impact created by Covid-19,” said Assemblywoman Autumn Burke, D-Marina del Rey, in a statement. “The federal Paycheck Protection Program was designed to help businesses stay afloat during this crisis and AB 1577 furthers that goal by preventing surprise tax bills and easing administrative burdens for thousands of California’s small businesses.”


courthousenews--2020-09-09--Texas Attorney General Urges State Bar to Reject Anti-Bias Rule

AUSTIN , Texas ( CN ) — Texas Attorney General Ken Paxton warned the State Bar on Wednesday against further consideration of an American Bar Association anti-bias rule that deems discrimination based on gender or sexual orientation as professional misconduct , claiming the rule violates attorneys ’ free speech and religious rights .
Paxton , a Republican , made the warning one day before the State Bar of Texas ’ board of directors is to consider whether to refer ABA Model Rule 8.4 ( g ) to an internal committee for possible adoption .
The rule deems it professional misconduct @ @ @ @ @ @ @ conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of … sexual orientation , gender identity , marital status , or socioeconomic status in conduct ” relating to practicing law .
Paxton concedes that attorneys ’ free speech rights can be limited inside the courtroom and outside when speaking about a pending case , but claims the anti-bias rule “ extends far beyond the context of a judicial proceeding ” to restrict speech “ in any instance ” regarding practicing law .
“ The broad nature @ @ @ @ @ @ @ attorney ’ s participation in a continuing legal education panel discussion , authoring a law review article , or informal conversations at a bar association event , among other things , ” Paxton ’ s two-page letter states .
“ In other words , Model Rule 8.4 ( g ) will suppress thoughtful and complete exchanges about complex issues.
” The attorney general claims adoption of the anti-bias rule is not necessary , arguing that the Texas Disciplinary Rules of Professional Conduct already address discrimination issues “ through narrower language that provides better @ @ @ @ @ @ @ “ The rule could restrict an attorney ’ s free exercise of religion by disabling an attorney from freely participating in religious organizations that hold traditional viewpoints , ” Paxton wrote .
“ It also could restrict an attorney ’ s freedom to associate with political , social or religious legal organizations.
” Paxton cited a nonbinding advisory opinion he issued in 2016 against the rule .
State Senator Charles Perry , R-Lubbock , asked Paxton at the time if lawyers could be disciplined under the rule for “ challenging the merits of @ @ @ @ @ @ @ class , or for “ being part of a legal association that holds religious beliefs that marriage is between one man and one woman and that a person ’ s gender is fixed at birth.
” “ One commentator has suggested , for example , that at a bar meeting dealing with proposals to curb police excessiveness , a lawyer ’ s statement , ‘ Blue lives matter , and we should be more concerned about black-on-black-crime , ’ could be subject to discipline under Model Rule 8.4 ( g ) , ” @ @ @ @ @ @ @ pointed to the U.S. Supreme Court ’ s 2018 ruling in National Institute of Family and Life Advocates v. Becerra .
He said the high court concluded “ state restrictions on ‘ professional speech ’ are presumptively unconstitutional , ” and are subject to strict scrutiny due to the content-based restrictions on speech .
State Bar spokesman Lowell Brown said the board of directors “ has not taken a position ” on the rule .
“ The board is receiving public comment on this issue and will carefully consider all viewpoints , ” @ @ @ @ @ @ @ .
The ABA said after Paxton ’ s 2016 advisory opinion that he is misinterpreting the rule .
“ This proposed rule expressly states that it in no way infringes on free speech or the ability of an attorney to zealously defend any client ( or choose not to defend a client ) based on the client ’ s beliefs , ” then-ABA President Linda A. Klein said at the time .
“ This proposed rule exemplifies the ABA ’ s strong policy that there is no place in the practice of law @ @ @ @ @ @

Texas Attorney General Ken Paxton warned the State Bar on Wednesday against further consideration of an American Bar Association anti-bias rule that deems discrimination based on gender or sexual orientation as professional misconduct, claiming the rule violates attorneys’ free speech and religious rights.
AUSTIN, Texas (CN) — Texas Attorney General Ken Paxton warned the State Bar on Wednesday against further consideration of an American Bar Association anti-bias rule that deems discrimination based on gender or sexual orientation as professional misconduct, claiming the rule violates attorneys’ free speech and religious rights.
Paxton, a Republican, made the warning one day before the State Bar of Texas’ board of directors is to consider whether to refer ABA Model Rule 8.4(g) to an internal committee for possible adoption.
The rule deems it professional misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of … sexual orientation, gender identity, marital status, or socioeconomic status in conduct” relating to practicing law.
Paxton concedes that attorneys’ free speech rights can be limited inside the courtroom and outside when speaking about a pending case, but claims the anti-bias rule “extends far beyond the context of a judicial proceeding” to restrict speech “in any instance” regarding practicing law.
“The broad nature of the rule could apply to an attorney’s participation in a continuing legal education panel discussion, authoring a law review article, or informal conversations at a bar association event, among other things,” Paxton’s two-page letter states. “In other words, Model Rule 8.4(g) will suppress thoughtful and complete exchanges about complex issues.”
The attorney general claims adoption of the anti-bias rule is not necessary, arguing that the Texas Disciplinary Rules of Professional Conduct already address discrimination issues “through narrower language that provides better clarification” about the described conduct.
“The rule could restrict an attorney’s free exercise of religion by disabling an attorney from freely participating in religious organizations that hold traditional viewpoints,” Paxton wrote. “It also could restrict an attorney’s freedom to associate with political, social or religious legal organizations.”
Paxton cited a nonbinding advisory opinion he issued in 2016 against the rule. State Senator Charles Perry, R-Lubbock, asked Paxton at the time if lawyers could be disciplined under the rule for “challenging the merits of same-sex marriage” during a legal education class, or for “being part of a legal association that holds religious beliefs that marriage is between one man and one woman and that a person’s gender is fixed at birth.”
“One commentator has suggested, for example, that at a bar meeting dealing with proposals to curb police excessiveness, a lawyer’s statement, ‘Blue lives matter, and we should be more concerned about black-on-black-crime,’ could be subject to discipline under Model Rule 8.4(g),” the advisory opinion stated.
Paxton also pointed to the U.S. Supreme Court’s 2018 ruling in National Institute of Family and Life Advocates v. Becerra. He said the high court concluded “state restrictions on ‘professional speech’ are presumptively unconstitutional,” and are subject to strict scrutiny due to the content-based restrictions on speech.
State Bar spokesman Lowell Brown said the board of directors “has not taken a position” on the rule.
“The board is receiving public comment on this issue and will carefully consider all viewpoints,” Lowell wrote in an email Wednesday afternoon.
The ABA said after Paxton’s 2016 advisory opinion that he is misinterpreting the rule.
“This proposed rule expressly states that it in no way infringes on free speech or the ability of an attorney to zealously defend any client (or choose not to defend a client) based on the client’s beliefs,” then-ABA President Linda A. Klein said at the time. “This proposed rule exemplifies the ABA’s strong policy that there is no place in the practice of law for discrimination or harassment.”


courthousenews--2020-09-09--Biden Lead in Wisconsin Shrinks to Four Points in New Poll

MILWAUKEE ( CN ) — A new survey shows a tightening race for the presidency in the critical battleground state of Wisconsin , with Republican incumbent Donald Trump narrowing former Democratic vice president Joe Biden ’ s lead to 4 percentage points .
That data comes from a telephone poll of 802 Wisconsin voters published Wednesday by Milwaukee ’ s Marquette University Law School .
Conducted between Aug. 30 and Sept. 3 , the poll found Biden leading Trump 47 % to 43 % among 688 likely voters and 46 % to 40 % among all registered voters .
That @ @ @ @ @ @ @ done in early August , which showed Biden at 49 % to Trump ’ s 44 % among likely voters but did not account for Libertarian candidate Jo Jorgenson , who took 4 % in Wednesday ’ s poll .
Importantly , the latest survey reports a 4 % margin of error , meaning Trump could essentially be neck and neck with Biden in the Badger State .
Now a battleground state after over two decades as a Democratic stronghold , Wisconsin ’ s 10 electoral votes played a crucial part in Trump @ @ @ @ @ @ @ of State and First Lady Hillary Clinton .
As of late August , Trump was trailing Biden in Wisconsin and fellow 2016 upset state Michigan , alongside four other swing states .
Since last month , the president has pulled forward in Florida , meeting Biden head on at 48 % each in the Sunshine State .
Survey respondents in the other three states – Pennsylvania , Arizona and North Carolina – gave Biden slight leads of 3 % , 2 % and 1 % , respectively .
The Marquette poll also focused @ @ @ @ @ @ @ of Jacob Blake in Kenosha , Wisconsin – and the protests that followed it – on public opinion .
Kenosha police officer Rusten Sheskey shot Blake several times in the back on Aug. 23 while responding to a domestic dispute call .
Protests erupted shortly afterward in Kenosha and across the country , with fires and property damage lasting for several days and violence leading to homicide charges for a 17-year-old who allegedly shot three protesters on Aug. 27 , killing two .
The poll showed a very slight dip in approval of @ @ @ @ @ @ @ rights movement following those events .
From a dead-even split at 48 % early in August , approval for protests slipped to 47 % , with disapproval holding steady amid a slight rise in a third “ don ’ t know ” category .
The August data was down still further from polling in June , which showed a 61 % approval rating for racial justice protests .
Approval of the police , meanwhile , fell 3 percentage points to 72 % in September after a four-point bump in early August .
Trump @ @ @ @ @ @ @ saw a slight bump in its chronically low approval rating , with 36 % of the 802 polled voters approving of it and 54 % disapproving in September .
That rose from 32 % approval and 58 % disapproval in August .
Protests , which data recently revealed have been largely peaceful , have nevertheless figured heavily into both candidates ’ campaigns in recent weeks , with Trump condemning protesters as “ thugs ” and “ terrorists ” and deploying federal agents to Kenosha , while Biden visited the city to meet with @ @ @ @ @ @ @ Both candidates also had surrogates visiting the neighboring state of Minnesota this week , with Biden ’ s wife Jill and Trump ’ s son Donald Trump Jr. making stops around the state .
Trump has targeted Minnesota , a solid Democratic stronghold since 1976 , for a possible flip this year .
He has reserved $ 14 million in airtime in the state from Labor Day through Election Day in an effort to improve on his 2016 totals , which saw him lose Minnesota to Clinton by fewer than 45,000 votes .
@ @ @ @ @ @ @ ’ s widespread protests against police brutality after a video of a Black man , George Floyd , gasping for air under the knee of a white Minneapolis police officer before his death went viral , leading to a week of destructive clashes between police and protesters and a crackdown by Minnesota ’ s National Guard .
Trump isn ’ t spending money he doesn ’ t have .
His campaign announced Wednesday that it had raised $ 210 million in August , an impressive sum that was nevertheless dwarfed by Biden ’ @ @ @ @ @ @ @ broke the previous record of $ 193 million , raised by then-Senator Barack Obama in September 2008 for his successful presidential campaign .

A new survey shows a tightening race for the presidency in the critical battleground state of Wisconsin, with Republican incumbent Donald Trump narrowing former Democratic vice president Joe Biden's lead to 4 percentage points.
MILWAUKEE (CN) — A new survey shows a tightening race for the presidency in the critical battleground state of Wisconsin, with Republican incumbent Donald Trump narrowing former Democratic vice president Joe Biden's lead to 4 percentage points.
That data comes from a telephone poll of 802 Wisconsin voters published Wednesday by Milwaukee’s Marquette University Law School. Conducted between Aug. 30 and Sept. 3, the poll found Biden leading Trump 47% to 43% among 688 likely voters and 46% to 40% among all registered voters.
That’s a slight slip from polling done in early August, which showed Biden at 49% to Trump’s 44% among likely voters but did not account for Libertarian candidate Jo Jorgenson, who took 4% in Wednesday’s poll.
Importantly, the latest survey reports a 4% margin of error, meaning Trump could essentially be neck and neck with Biden in the Badger State.
Now a battleground state after over two decades as a Democratic stronghold, Wisconsin’s 10 electoral votes played a crucial part in Trump’s 2016 victory over former secretary of State and First Lady Hillary Clinton. As of late August, Trump was trailing Biden in Wisconsin and fellow 2016 upset state Michigan, alongside four other swing states.
Since last month, the president has pulled forward in Florida, meeting Biden head on at 48% each in the Sunshine State. Survey respondents in the other three states – Pennsylvania, Arizona and North Carolina – gave Biden slight leads of 3%, 2% and 1%, respectively.
The Marquette poll also focused on the impact of the police shooting of Jacob Blake in Kenosha, Wisconsin – and the protests that followed it – on public opinion. Kenosha police officer Rusten Sheskey shot Blake several times in the back on Aug. 23 while responding to a domestic dispute call. Protests erupted shortly afterward in Kenosha and across the country, with fires and property damage lasting for several days and violence leading to homicide charges for a 17-year-old who allegedly shot three protesters on Aug. 27, killing two.
The poll showed a very slight dip in approval of protests and the Black Lives Matter civil rights movement following those events. From a dead-even split at 48% early in August, approval for protests slipped to 47%, with disapproval holding steady amid a slight rise in a third “don’t know” category. The August data was down still further from polling in June, which showed a 61% approval rating for racial justice protests.
Approval of the police, meanwhile, fell 3 percentage points to 72% in September after a four-point bump in early August. Trump’s handling of the protests also saw a slight bump in its chronically low approval rating, with 36% of the 802 polled voters approving of it and 54% disapproving in September. That rose from 32% approval and 58% disapproval in August.
Protests, which data recently revealed have been largely peaceful, have nevertheless figured heavily into both candidates’ campaigns in recent weeks, with Trump condemning protesters as “thugs” and “terrorists” and deploying federal agents to Kenosha, while Biden visited the city to meet with Blake’s family last week.
Both candidates also had surrogates visiting the neighboring state of Minnesota this week, with Biden’s wife Jill and Trump’s son Donald Trump Jr. making stops around the state. Trump has targeted Minnesota, a solid Democratic stronghold since 1976, for a possible flip this year. He has reserved $14 million in airtime in the state from Labor Day through Election Day in an effort to improve on his 2016 totals, which saw him lose Minnesota to Clinton by fewer than 45,000 votes.
Minnesota was ground zero for this year’s widespread protests against police brutality after a video of a Black man, George Floyd, gasping for air under the knee of a white Minneapolis police officer before his death went viral, leading to a week of destructive clashes between police and protesters and a crackdown by Minnesota’s National Guard.
Trump isn’t spending money he doesn’t have. His campaign announced Wednesday that it had raised $210 million in August, an impressive sum that was nevertheless dwarfed by Biden’s $364 million. Both amounts broke the previous record of $193 million, raised by then-Senator Barack Obama in September 2008 for his successful presidential campaign.


courthousenews--2020-09-09--Gulf of Mexico Fish Farming Plans Still in the Works Despite Federal Ruling

NEW ORLEANS ( CN ) — A plan by the Trump administration to farm thousands of fish in the Gulf of Mexico in vast metal nets appears to be advancing despite an opinion last month from the Fifth Circuit stopping it .
By an Aug. 3 order , the appellate court blocked recently enacted federal rules that would have allowed fish farming for the first time in the Gulf of Mexico .
Weeks later , however , on Aug. 20 , the National Atmospheric and Oceanic Administration announced federal waters off of Southern California and the Gulf of Mexico were @ @ @ @ @ @ @ to advance the president ’ s executive order on fish farming .
The size and specific locations for the aquaculture sites have not yet been determined , the announcement said .
“ Naming these areas is a big step forward , ” Chris Oliver , Assistant Administrator for NOAA Fisheries said in the agency ’ s announcement .
“ The creation of Aquaculture opportunity Areas will foster the U.S. aquaculture industry as a needed complement to our wild capture fisheries .
This type of proactive work creates opportunities for aquaculture farmers and maintains @ @ @ @ @ @ @ the meantime , the U.S. Army Corps of Engineers plans to hasten aquaculture permitting by paring down the public and agency review process for permit applications .
In May , Trump signed an executive order that said it is the federal government ’ s policy to “ identify and remove unnecessary regulatory barriers ” that would restrict aquaculture in federal waters .
Environmental and commercial fishing groups , however , say they are wary of aquaculture , over concerns of pollution and disease that is typical from farms and over concern for how @ @ @ @ @ @ @ Last month ’ s 2-1 ruling said NOAA does not have the authority to decide on the existence of or to regulate aquaculture .
Environmental groups as well as commercial fishers celebrated the decision as a victory in a long battle to hold off aquaculture in federal waters .
“ We consider whether a federal agency may create an ‘ aquaculture , ’ or fish farming , regime in the Gulf of Mexico ” under the 1976 federal Magnuson-Stevens Fishery Conservation and Management Act , the opinion written by Circuit Judge Stuart Kyle @ @ @ @ @ @ @ “ The answer is no .
The Act neither says nor suggests that the agency may regulate aquaculture .
The agency interprets this silence as an invitation , but our precedent says the opposite : Congress does not delegate authority merely by not withholding it.
” The opinion continued : “ ‘ Harvesting , ’ we are told , implies gathering crops , and in aquaculture the fish are the crop .
That is a slippery basis for empowering an agency to create an entire industry the [ Magnuson-Stevens ] statute does not @ @ @ @ @ @ @ .
If anyone is to expand the forty-year-old Magnuson-Stevens Act to reach aquaculture for the first time , it must be Congress.
” But NOAA officials say the ruling only blocks regulations on offshore aquaculture under the act , while other laws give the practice a go-ahead .
“ The ruling is not a prohibition on marine aquaculture , neither nationally nor in the Gulf of Mexico , and we will continue to work with stakeholders through existing policies and legislation to increase aquaculture permitting efficiency and predictability , ” a NOAA spokesman @ @ @ @ @ @ @ Orleans Advocate newspaper .
Federal agencies are working in an indirect approach to meet the Trump administration ’ s goals , Marianne Cufone , executive director of the New Orleans-based Recirculating Farms Coalition , a group that opposes offshore aquaculture told the Advocate .
Cufone , who also serves as director of Loyola University ’ s Center for Environmental Law , told the newspaper that while one agency might , for instance , grant a permit to release a certain amount of pollution and another might approve a farm ’ s location and @ @ @ @ @ @ @ the offshore farm still would not be allowed under the Fifth Circuit ’ s ruling .
“ No agency has been given the authority to permit these facilities to operate , ” she said , adding that operation would still require an act by Congress .
“ It ’ s troubling that [ NOAA ] is so proactively pursuing the creation of an industry that is unwanted and unpopular with the public , ” Cufone said .

A plan by the Trump administration to farm thousands of fish in the Gulf of Mexico in vast metal nets appears to be advancing despite an opinion last month from the Fifth Circuit stopping it.
NEW ORLEANS (CN) — A plan by the Trump administration to farm thousands of fish in the Gulf of Mexico in vast metal nets appears to be advancing despite an opinion last month from the Fifth Circuit stopping it.
By an Aug. 3 order, the appellate court blocked recently enacted federal rules that would have allowed fish farming for the first time in the Gulf of Mexico. Weeks later, however, on Aug. 20, the National Atmospheric and Oceanic Administration announced federal waters off of Southern California and the Gulf of Mexico were chosen as “aquaculture opportunity areas” to advance the president’s executive order on fish farming.
The size and specific locations for the aquaculture sites have not yet been determined, the announcement said.
“Naming these areas is a big step forward,” Chris Oliver, Assistant Administrator for NOAA Fisheries said in the agency’s announcement. “The creation of Aquaculture opportunity Areas will foster the U.S. aquaculture industry as a needed complement to our wild capture fisheries. This type of proactive work creates opportunities for aquaculture farmers and maintains our commitment to environmental stewardship.”
In the meantime, the U.S. Army Corps of Engineers plans to hasten aquaculture permitting by paring down the public and agency review process for permit applications.
In May, Trump signed an executive order that said it is the federal government’s policy to “identify and remove unnecessary regulatory barriers” that would restrict aquaculture in federal waters.
Environmental and commercial fishing groups, however, say they are wary of aquaculture, over concerns of pollution and disease that is typical from farms and over concern for how farms would impact wild caught fishers.
Last month’s 2-1 ruling said NOAA does not have the authority to decide on the existence of or to regulate aquaculture.
Environmental groups as well as commercial fishers celebrated the decision as a victory in a long battle to hold off aquaculture in federal waters.
“We consider whether a federal agency may create an ‘aquaculture,’ or fish farming, regime in the Gulf of Mexico” under the 1976 federal Magnuson-Stevens Fishery Conservation and Management Act, the opinion written by Circuit Judge Stuart Kyle Duncan, a Trump-appointee, said.
“The answer is no. The Act neither says nor suggests that the agency may regulate aquaculture. The agency interprets this silence as an invitation, but our precedent says the opposite: Congress does not delegate authority merely by not withholding it.”
The opinion continued: “‘Harvesting,’ we are told, implies gathering crops, and in aquaculture the fish are the crop. That is a slippery basis for empowering an agency to create an entire industry the [Magnuson-Stevens] statute does not even mention. We will not bite. If anyone is to expand the forty-year-old Magnuson-Stevens Act to reach aquaculture for the first time, it must be Congress.”
But NOAA officials say the ruling only blocks regulations on offshore aquaculture under the act, while other laws give the practice a go-ahead.
“The ruling is not a prohibition on marine aquaculture, neither nationally nor in the Gulf of Mexico, and we will continue to work with stakeholders through existing policies and legislation to increase aquaculture permitting efficiency and predictability,” a NOAA spokesman said in an email to the New Orleans Advocate newspaper.
Federal agencies are working in an indirect approach to meet the Trump administration’s goals, Marianne Cufone, executive director of the New Orleans-based Recirculating Farms Coalition, a group that opposes offshore aquaculture told the Advocate.
Cufone, who also serves as director of Loyola University’s Center for Environmental Law, told the newspaper that while one agency might, for instance, grant a permit to release a certain amount of pollution and another might approve a farm’s location and design, the actual permit to operate the offshore farm still would not be allowed under the Fifth Circuit’s ruling.
“No agency has been given the authority to permit these facilities to operate,” she said, adding that operation would still require an act by Congress.
“It’s troubling that [NOAA] is so proactively pursuing the creation of an industry that is unwanted and unpopular with the public,” Cufone said.


Suspected Date Rape

PITTSBURGH — An anonymous woman claims in court that she fell unconscious in her Lyft home to find one of @ @ @ @ @ a hotel , having solicited the Lyft driver and a luggage cart to move her @