courthousenews--2020-08-17--DNC Labor Council Blasts Trump for Missteps Impacting Essential Workers

MILWAUKEE ( CN ) — Taking to the airwaves in an unprecedented virtual meeting , the Democratic National Convention ’ s Labor Council met Monday afternoon to address the dire challenges faced by Postal Service employees and other essential workers in light of the Trump administration ’ s response to the Covid-19 pandemic .
Stuart Applebaum , chair of the DNC Labor Council , acknowledged the no-contact circumstances at the top of Monday ’ s meeting , a scenario that would have been unimaginable when the Democrats ’ national convention was awarded to Milwaukee in March 2019 .
The greatly @ @ @ @ @ @ @ the Wisconsin Center , just a few blocks away from the original venue at the Fiserv Forum , home of the Milwaukee Bucks .
After a moment of silence for workers who have lost their lives to the novel coronavirus , Applebaum stressed that “ essential workers were forced to be on the frontlines of a war they did not choose ” as the people who stock and deliver food , drive public transportation , care for children and the elderly , and others have become the center of a political brawl over @ @ @ @ @ @ @ .
The council of union chiefs and prominent national Democrats spent more than two hours Monday unpacking how the economic impact of the pandemic is falling disproportionately on Black and brown working people and contrasted what they called the callousness and inaction of President Donald Trump against the just , compassionate policies of Joe Biden and his recently anointed running mate , California Senator Kamala Harris .
While a number of employment sectors drew focus in the meeting , the one perhaps most gravely addressed by the panel was the U.S .
Postal @ @ @ @ @ @ @ scrutiny as of late given an escalating public fight over Trump ’ s deliberate digs at the agency through cutbacks and political innuendoes , including the president ’ s recent admission that he is withholding funds from the Postal Service to stymie voting by mail in the November general election .
Streaming from Milwaukee , Democratic National Committee Chair Tom Perez touched on the recent appointment of Republican megadonor and Trump loyalist Louis DeJoy as postmaster general and the president ’ s other tactics against the Postal Service in Monday ’ s council @ @ @ @ @ @ @ general who has no business being there ” and “ a president who knows he can ’ t win on the up and up , so he knows he has to cheat.
” AFL-CIO President Richard Trumka echoed Perez ’ s point , accusing the president of throwing gasoline on fires and bullying the Postal Service for mere personal and partisan gain , saying “ he ’ s threatening America ’ s most trusted public service…for one reason : to suppress the vote.
” But Trumka , representing the largest federation of unions @ @ @ @ @ @ @ determination Monday , telling Trump “ we ’ re going to fight you , and we ’ re going to beat you.
” “ On Nov. 3 , the Postal Service will be more than happy to process Donald Trump ’ s change of address form , ” he said .
Addressing the issue from the standpoint of postal unions Monday were Fredric Rolando and Mark Dimondstein , presidents of the National Association of Letter Carriers and American Postal Workers Union , respectively .
Rolando said that the number of post office quarantines @ @ @ @ @ @ @ number of workers sick with Covid-19 has tripled , highlighting the dangers faced by essential postal workers on the frontlines .
But the union leader contrasted mail workers ’ indispensability with recent targeted attacks on the Postal Service from the White House .
The new postmaster general , Rolando said , has put in place “ a series of operational initiatives that led to a decline in first class mail , ” and he conceded that while a new leader reorganizing the agency is not unusual , these specific initiatives are unfairly designed @ @ @ @ @ @ @ to be reversed .
Among other changes necessary , Rolando advocated for doing away with the prefunding mandate , a policy established by the 2006 Postal Accountability and Enhancement Act that requires the cash-strapped Postal Service to make billions in payments toward the health benefits of future retirees 75 years into the future .
Dimondstein also spoke to the crisis faced by the Postal Service on Monday , saying the agency realistically needs at least $ 25 billion in pandemic relief to keep its head above water and its mission intact , calling @ @ @ @ @ @ @ his hand-picked postmaster general as part of an assault on voting by mail in an election year during a novel pandemic and a larger privatization agenda .
“ Without the Postal Service , without vote by mail , tens of millions of people will be unable to vote , ” Dimondstein said .
The crucial importance of union workers in grocery stores , public transportation and the airline industry were also discussed during Monday ’ s DNC Labor Council meeting , as union heads and congressional representatives focused on the intertwined nature of @ @ @ @ @ @ @ systemic racism , a mission they believe Biden and Harris are better fit and more willing to address with the nuance and urgency needed .
Among the needed fixes the Trump administration can not or will not deliver are strong OSHA pandemic infectious disease standards , a $ 15 per hour minimum wage and an across-the-board right to organize , according to those in Monday ’ s meeting .
Representative Hakeem Jeffries of New York joined the panel and illustrated the historic connection between “ Democrats and the House of Labor , ” @ @ @ @ @ @ @ central Brooklyn union household as key to his values .
Minnesota Senator and former presidential candidate Amy Klobuchar also briefly sat in on Monday ’ s meeting , emphasizing the importance of securing mail-in voting .
“ I would rather put ballots in the mailbox than put voters in the hospital , ” she said .
Klobuchar championed Biden as a presidential candidate with the requisite compassion and competence for the job of leading the nation out of its whirlwind of crises .
The group sitting in on the Labor Council meeting indicated @ @ @ @ @ @ @ the problems they discussed : passage of both the Health and Economic Recovery Omnibus Emergency Solutions Act and the Protecting the Right to Organize Act .
The former , known as the Heroes Act , is the $ 3 trillion pandemic stimulus package the Democrat-controlled House of Representatives passed in May .
The latter , known as the PRO Act , passed the House in February and variously seeks to empower unions and rewrite a number of labor laws liberals view as anti-worker .
Both pieces of legislation are considered unlikely to be @ @ @ @ @ @ @ in their current forms .

Taking to the airwaves in an unprecedented virtual meeting, the Democratic National Convention’s Labor Council met Monday afternoon to address the dire challenges faced by Postal Service employees and other essential workers in light of the Trump administration’s response to the Covid-19 pandemic.
MILWAUKEE (CN) — Taking to the airwaves in an unprecedented virtual meeting, the Democratic National Convention’s Labor Council met Monday afternoon to address the dire challenges faced by Postal Service employees and other essential workers in light of the Trump administration’s response to the Covid-19 pandemic.
Stuart Applebaum, chair of the DNC Labor Council, acknowledged the no-contact circumstances at the top of Monday’s meeting, a scenario that would have been unimaginable when the Democrats’ national convention was awarded to Milwaukee in March 2019. The greatly downsized convention is now based out of the Wisconsin Center, just a few blocks away from the original venue at the Fiserv Forum, home of the Milwaukee Bucks.
After a moment of silence for workers who have lost their lives to the novel coronavirus, Applebaum stressed that “essential workers were forced to be on the frontlines of a war they did not choose” as the people who stock and deliver food, drive public transportation, care for children and the elderly, and others have become the center of a political brawl over worker protections amid a still surging pandemic.
The council of union chiefs and prominent national Democrats spent more than two hours Monday unpacking how the economic impact of the pandemic is falling disproportionately on Black and brown working people and contrasted what they called the callousness and inaction of President Donald Trump against the just, compassionate policies of Joe Biden and his recently anointed running mate, California Senator Kamala Harris.
While a number of employment sectors drew focus in the meeting, the one perhaps most gravely addressed by the panel was the U.S. Postal Service, which has been under heavy scrutiny as of late given an escalating public fight over Trump’s deliberate digs at the agency through cutbacks and political innuendoes, including the president’s recent admission that he is withholding funds from the Postal Service to stymie voting by mail in the November general election.
Streaming from Milwaukee, Democratic National Committee Chair Tom Perez touched on the recent appointment of Republican megadonor and Trump loyalist Louis DeJoy as postmaster general and the president’s other tactics against the Postal Service in Monday’s council meeting, calling out “a postmaster general who has no business being there” and “a president who knows he can’t win on the up and up, so he knows he has to cheat.”
AFL-CIO President Richard Trumka echoed Perez’s point, accusing the president of throwing gasoline on fires and bullying the Postal Service for mere personal and partisan gain, saying “he’s threatening America’s most trusted public service…for one reason: to suppress the vote.”
But Trumka, representing the largest federation of unions in the U.S., expressed resolve and determination Monday, telling Trump “we’re going to fight you, and we’re going to beat you.”
AFL-CIO President Richard Trumka speaks during a virtual Democratic National Convention Labor Council meeting on Monday, Aug. 17, 2020.
“On Nov. 3, the Postal Service will be more than happy to process Donald Trump’s change of address form,” he said.
Addressing the issue from the standpoint of postal unions Monday were Fredric Rolando and Mark Dimondstein, presidents of the National Association of Letter Carriers and American Postal Workers Union, respectively.
Rolando said that the number of post office quarantines have quadrupled in recent weeks and the number of workers sick with Covid-19 has tripled, highlighting the dangers faced by essential postal workers on the frontlines. But the union leader contrasted mail workers’ indispensability with recent targeted attacks on the Postal Service from the White House.
The new postmaster general, Rolando said, has put in place “a series of operational initiatives that led to a decline in first class mail,” and he conceded that while a new leader reorganizing the agency is not unusual, these specific initiatives are unfairly designed to slow down the mail and need to be reversed.
Among other changes necessary, Rolando advocated for doing away with the prefunding mandate, a policy established by the 2006 Postal Accountability and Enhancement Act that requires the cash-strapped Postal Service to make billions in payments toward the health benefits of future retirees 75 years into the future.
Dimondstein also spoke to the crisis faced by the Postal Service on Monday, saying the agency realistically needs at least $25 billion in pandemic relief to keep its head above water and its mission intact, calling out the attacks from the president and his hand-picked postmaster general as part of an assault on voting by mail in an election year during a novel pandemic and a larger privatization agenda.
“Without the Postal Service, without vote by mail, tens of millions of people will be unable to vote,” Dimondstein said.
The crucial importance of union workers in grocery stores, public transportation and the airline industry were also discussed during Monday’s DNC Labor Council meeting, as union heads and congressional representatives focused on the intertwined nature of workers’ rights and the fight against systemic racism, a mission they believe Biden and Harris are better fit and more willing to address with the nuance and urgency needed.
This Aug. 13, 2020 photo shows the Wisconsin Center, the location of a scaled down Democratic National Convention. About 50,000 visitors were expect to inject about $250 million into the economy of the key presidential battleground state. But now, thanks to the ongoing coronavirus pandemic, the convention is nearly entirely online, with all of the major speakers, including presumptive nominee Joe Biden, skipping the trip to Milwaukee. It would have been the first time Milwaukee, a city of 1.6 million, hosted a presidential nominating convention. (AP Photo/Carrie Antlfinger)
Among the needed fixes the Trump administration cannot or will not deliver are strong OSHA pandemic infectious disease standards, a $15 per hour minimum wage and an across-the-board right to organize, according to those in Monday’s meeting.
Representative Hakeem Jeffries of New York joined the panel and illustrated the historic connection between “Democrats and the House of Labor,” pointing to his own upbringing in a central Brooklyn union household as key to his values.
Minnesota Senator and former presidential candidate Amy Klobuchar also briefly sat in on Monday’s meeting, emphasizing the importance of securing mail-in voting.
“I would rather put ballots in the mailbox than put voters in the hospital,” she said.
Klobuchar championed Biden as a presidential candidate with the requisite compassion and competence for the job of leading the nation out of its whirlwind of crises.
The group sitting in on the Labor Council meeting indicated two tangible ways to address many of the problems they discussed: passage of both the Health and Economic Recovery Omnibus Emergency Solutions Act and the Protecting the Right to Organize Act.
The former, known as the Heroes Act, is the $3 trillion pandemic stimulus package the Democrat-controlled House of Representatives passed in May. The latter, known as the PRO Act, passed the House in February and variously seeks to empower unions and rewrite a number of labor laws liberals view as anti-worker.
Both pieces of legislation are considered unlikely to be taken up by the Republican-controlled U.S. Senate in their current forms.


courthousenews--2020-08-17--Judge Blasts Feds Over Long-Delayed Salmon Protections at Oregon Dams

PORTLAND , Ore. ( CN ) — Dams in the Willamette Valley are killing the majority of the young salmon and steelhead that try to pass on their way out to sea , and the Army Corps of Engineers violated the Endangered Species Act by refusing to take steps to reduce those deaths , a federal judge ruled Monday .
More than two decades ago , government scientists began evaluating a network of 13 dams in the Willamette Valley , eventually finding that dam operations were in danger of completely wiping out certain runs of salmon and steelhead and requiring @ @ @ @ @ @ @ to avoid that .
The Army Corps was supposed to complete upgrades years ago .
Now , the Corps says , the projects won ’ t be done until at least 2028 .
Environmental groups sued in 2018 , asking a judge to enforce protections for Upper Willamette River Chinook and steelhead , which are listed as threatened under the Endangered Species Act .
On Monday , U.S. District Judge Marco A. Hernandez found the Corps has continued to operate for years while killing fish at rates government scientists have said could jeopardize @ @ @ @ @ @ @ .
Hernandez criticized the Corps ’ failure to ask for a new evaluation of the dams ’ effects on salmon when it was clear it wouldn ’ t meet its deadlines , calling it “ a substantial procedural violation.
” Meanwhile , other problems like warming oceans , habitat degradation and sea lion predation are pushing salmon and steelhead closer to the brink .
The National Marine Fisheries Service , tasked with evaluating whether government projects violate laws intended to protect the environment , issued requirements in its 2008 biological opinion that were @ @ @ @ @ @ @ from making the situation worse .
But Hernandez found that the Corps missed the mark .
“ Far short of moving towards recovery , the Corps is pushing the [ Upper Willamette River ] Chinook and steelhead even closer to the brink of extinction , ” Hernandez wrote .
“ The record demonstrates that the listed salmonids are in a more precarious condition today than they were at the time NMFS issued the 2008 BiOp.
” The fisheries service ’ s biological opinion allowed the Corps to harm threatened fish by operating the @ @ @ @ @ @ @ took specific steps to increase fish passage and cool water in the reservoirs behind dams , which reach artificially elevated temperatures that are lethal to fish .
But the Corps never took most of those steps , according to court documents , and far exceeded the mortality levels the fisheries service said was allowable .
The death rates allowed by the service were substantial — up to 65 % of young salmon passing the Detroit and Big Cliff dams on the North Santiam River , up to 68 % of juveniles at Fall @ @ @ @ @ @ @ and up to 32 % at Cougar Dam on the McKenzie River .
But the Corps blew past those limits , according to court documents .
In slides that were part of its own 2016 PowerPoint presentation , the Corps used data provided by the National Oceanic and Atmospheric Administration estimating that dams in the McKenzie , Santiam , and Middle Fork Willamette subbasins are causing the death of between 71 % and 89 % of the young salmon and steelhead on their way out to sea .
The Corps argued Congress authorized @ @ @ @ @ @ @ would block passage of fish both on their way to sea and on their way back home to spawn .
Still , Hernandez wrote , it ’ s illegal for a government agency to worsen the existential jeopardy a species faces , even in situations where “ baseline conditions ” mean the species is struggling to begin with .
The Corps violated the Endangered Species Act by failing to take the steps the fisheries service said was necessary to improve water quality and to help young salmon and steelhead make it past the @ @ @ @ @ @ @ of threatened fish , Hernandez found .
Next up will be the phase of the litigation where the parties decide how to remedy the legal violations Hernandez found .
The current ruling only assigns liability to the Corps and the fisheries service .
Hernandez ordered the parties to suggest a briefing schedule for the remedy phase within the next two weeks .
An order to speed a new fish passage facility currently slated to open at Detroit Dam by 2028 is likely to top the wish list attorney for plaintiffs Northwest Environmental Defense @ @ @ @ @ @ @ Society .
As their attorney , Lauren Rule , told Hernandez in an earlier hearing , “ These species may not have four to five years left .
They are in such perilous conditions.
” Meanwhile this spring , the Corps announced a plan to change the allocation of river water during dry years to benefit industrial , municipal and irrigation users .
The Corps ’ “ share the pain ” plan reduced water allocated to all categories of use , instead of prioritizing fish and wildlife by keeping water in the river @ @ @ @ @ @ @ a biological assessment finding that its reallocation plan was unlikely to harm threatened salmon and steelhead — a conclusion National Marine Fisheries Service did not share .
The agency found in a 2019 biological opinion that the reallocation plan “ is likely to jeopardize the continued existence of Upper Willamette River Chinook salmon and steelhead and destroy or adversely modify their designated critical habitats , ” mostly by raising water temperatures to levels deadly to adult fish fighting the currents on their way upriver .
The Corps is already in the midst of @ @ @ @ @ @ @ fish listed under the Endangered Species Act .
And the act bars government agencies from taking additional actions that would harm the species under consideration in such determinations .
That dispute is the subject of subject of separate litigation , also overseen by Judge Hernandez .
Andrew Missel , attorney for the plaintiffs in that case , told Hernandez in May that the Corps is operating outside the law .
“ The Corps broke the law by engaging in this action while at the same time engaging in ESA consultation , ” Missel @ @ @ @ @ @ @ the Endangered Species Act .
“ The agency is violating a procedure that impairs the process and will result in different conditions on the ground in the future .
They just want to be free of any judicial review of their actions in this case .
”

Dams in the Willamette Valley are killing the majority of the young salmon and steelhead that try to pass on their way out to sea, and the Army Corps of Engineers violated the Endangered Species Act by refusing to take steps to reduce those deaths, a federal judge ruled Monday.
PORTLAND, Ore. (CN) — Dams in the Willamette Valley are killing the majority of the young salmon and steelhead that try to pass on their way out to sea, and the Army Corps of Engineers violated the Endangered Species Act by refusing to take steps to reduce those deaths, a federal judge ruled Monday.
More than two decades ago, government scientists began evaluating a network of 13 dams in the Willamette Valley, eventually finding that dam operations were in danger of completely wiping out certain runs of salmon and steelhead and requiring improvements in water quality and fish passage to avoid that. The Army Corps was supposed to complete upgrades years ago. Now, the Corps says, the projects won’t be done until at least 2028.
Environmental groups sued in 2018, asking a judge to enforce protections for Upper Willamette River Chinook and steelhead, which are listed as threatened under the Endangered Species Act. On Monday, U.S. District Judge Marco A. Hernandez found the Corps has continued to operate for years while killing fish at rates government scientists have said could jeopardize the continued existence of salmon and steelhead. Hernandez criticized the Corps’ failure to ask for a new evaluation of the dams’ effects on salmon when it was clear it wouldn’t meet its deadlines, calling it “a substantial procedural violation.”
Meanwhile, other problems like warming oceans, habitat degradation and sea lion predation are pushing salmon and steelhead closer to the brink. The National Marine Fisheries Service, tasked with evaluating whether government projects violate laws intended to protect the environment, issued requirements in its 2008 biological opinion that were supposed to help keep Willamette Valley dams from making the situation worse.
But Hernandez found that the Corps missed the mark.
“Far short of moving towards recovery, the Corps is pushing the [Upper Willamette River] Chinook and steelhead even closer to the brink of extinction,” Hernandez wrote. “The record demonstrates that the listed salmonids are in a more precarious condition today than they were at the time NMFS issued the 2008 BiOp.”
The fisheries service’s biological opinion allowed the Corps to harm threatened fish by operating the dams,so long as the Corps took specific steps to increase fish passage and cool water in the reservoirs behind dams, which reach artificially elevated temperatures that are lethal to fish.
But the Corps never took most of those steps, according to court documents, and far exceeded the mortality levels the fisheries service said was allowable. The death rates allowed by the service were substantial — up to 65% of young salmon passing the Detroit and Big Cliff dams on the North Santiam River, up to 68% of juveniles at Fall Creek Dam in the Middle Fork Willamette and up to 32% at Cougar Dam on the McKenzie River. But the Corps blew past those limits, according to court documents.
In slides that were part of its own 2016 PowerPoint presentation, the Corps used data provided by the National Oceanic and Atmospheric Administration estimating that dams in the McKenzie, Santiam, and Middle Fork Willamette subbasins are causing the death of between 71% and 89% of the young salmon and steelhead on their way out to sea.
The Corps argued Congress authorized construction of the dams, knowing they would block passage of fish both on their way to sea and on their way back home to spawn. Still, Hernandez wrote, it’s illegal for a government agency to worsen the existential jeopardy a species faces, even in situations where “baseline conditions” mean the species is struggling to begin with.
The Corps violated the Endangered Species Act by failing to take the steps the fisheries service said was necessary to improve water quality and to help young salmon and steelhead make it past the dams, and therefore worsening the decline of threatened fish, Hernandez found.
Next up will be the phase of the litigation where the parties decide how to remedy the legal violations Hernandez found. The current ruling only assigns liability to the Corps and the fisheries service. Hernandez ordered the parties to suggest a briefing schedule for the remedy phase within the next two weeks.
An order to speed a new fish passage facility currently slated to open at Detroit Dam by 2028 is likely to top the wish list attorney for plaintiffs Northwest Environmental Defense Center, WildEarth Guardians and Native Fish Society.
As their attorney, Lauren Rule, told Hernandez in an earlier hearing, “These species may not have four to five years left. They are in such perilous conditions.”
Meanwhile this spring, the Corps announced a plan to change the allocation of river water during dry years to benefit industrial, municipal and irrigation users. The Corps’ “share the pain” plan reduced water allocated to all categories of use, instead of prioritizing fish and wildlife by keeping water in the river during drought years. The Corps issued a biological assessment finding that its reallocation plan was unlikely to harm threatened salmon and steelhead — a conclusion National Marine Fisheries Service did not share.
The agency found in a 2019 biological opinion that the reallocation plan “is likely to jeopardize the continued existence of Upper Willamette River Chinook salmon and steelhead and destroy or adversely modify their designated critical habitats,” mostly by raising water temperatures to levels deadly to adult fish fighting the currents on their way upriver.
The Corps is already in the midst of determining its role in harming Willamette Valley fish listed under the Endangered Species Act. And the act bars government agencies from taking additional actions that would harm the species under consideration in such determinations. That dispute is the subject of subject of separate litigation, also overseen by Judge Hernandez.
Andrew Missel, attorney for the plaintiffs in that case, told Hernandez in May that the Corps is operating outside the law.
“The Corps broke the law by engaging in this action while at the same time engaging in ESA consultation,” Missel told Hernandez, using the acronym for the Endangered Species Act. “The agency is violating a procedure that impairs the process and will result in different conditions on the ground in the future. They just want to be free of any judicial review of their actions in this case.”


courthousenews--2020-08-17--Victoria’s Secret Ex-CEO May Take Hot Seat in Epstein-Related Evidence Battle

MANHATTAN ( CN ) — Ex-Victoria ’ s Secret CEO Leslie Wexner may still have to take the hot seat to talk about accused sex-trafficker Jeffrey Epstein , Harvard professor Alan Dershowitz and the woman who implicated all three of the men in the scandal .
U.S. District Judge Loretta Preska reserved her decision Monday at the end of a half hour telephone conference on Dershowitz ’ s bid to depose the clothing billionaire .
“ Seems to me we ought to see the lay of the land before we make that decision , right ?
” Preska told Dershowitz @ @ @ @ @ @ @ on Wexner ’ s potential deposition until after the parties have “ close to a complete ” collection of document discovery evidence .
Decades before Epstein ’ s indictments for abusing underage girls , Wexner appointed Epstein as a trustee of his foundation and gave him power of attorney over his fortune .
That association has come back to haunt Wexner , in Epstein ’ s life and even his death .
“ At some point in your life , we are all betrayed by friends , ” Wexner told shareholders of Victoria @ @ @ @ @ @ @ at a board meeting last September , the month after Epstein ’ s apparent jailhouse suicide .
“ Being taken advantage of by someone who was so sick , so cunning , so depraved is something I ’ m embarrassed I was even close to , ” Wexner added .
“ But that is in the past.
” Dragging that history into the present , Dershowitz has sought to rope Wexner into his litigation with prominent Epstein accuser Virginia Giuffre , who claims that the professor sexually abused her when she was underage @ @ @ @ @ @ @ after he called her a “ certified , complete , total liar , ” and Dershowitz ’ s countersuit has depicted himself and Wexner as targets of an extortion plot .
Dershowitz counsel Christian Kiely , a lawyer from the Boston-based firm Todd & Weld , said the Harvard law professor is entitled to Wexner ’ s testimony to prove the underlying extortion claims .
“ Your honor disqualified Boies Schiller from representing the plaintiff in this case because that extortion conspiracy made them necessary witnesses in this case — how can it @ @ @ @ @ @ @ to allow to hear from the target of that extortion conspiracy , ” he remarked .
“ It ’ s inconceivable to me that we could have discovery in this case where we don ’ t get from Mr. Wexner , ” Kiely added .
That position took a hit when Wexner and his attorney John Zeiger flatly contradicted Dershowitz ’ s theory in a legal brief stating : “ [ N ] o extortion demand was ever made , no settlement was entered into , and not a penny ( or other @ @ @ @ @ @ @ Parentheses in original . )
In a court filing Friday , Dershowitz filed a transcript that he believes shows Zeiger telling him a different story back in fall 2015 .
“ [ A ] re there any other people out there being shaken down ?
” Zeiger is recorded asking , though the full sentence is inaudible .
Throughout the 16-page transcript , Dershowitz does most of the talking about what Zeiger describes as his extortion “ theory , ” about which Wexner ’ s attorney appears intrigued but noncommittal .
For Giuffre @ @ @ @ @ @ @ s refusal to corroborate Dershowitz ’ s legal defense is a “ smoking gun ” that is devastating to his case .
“ Our understanding is that the only reason that the defendant wants to depose Mr. Wexner is to get Mr. Wexner on the record as denying that he accused my client or that he met my client , ” Giuffre ’ s attorney Nicole Moss said during today ’ s conference .
“ And so of course , if that was the purpose of the deposition , then we ’ re @ @ @ @ @ @ @ to inquire into ‘ well , what is the other evidence that suggests that that ’ s not true ?
’ and this will very quickly become multiple mini trials into other individuals that are not the core central issue at this case.
” Moss added : “ I ’ m very concerned that once we open that door , it ’ s going to become a circus and that if they ’ re going to feel the need to seek such broader discovery than what ’ s currently on the table if @ @ @ @ @ @ @ To safely answer questions in the age of the coronavirus , Zeiger has agreed to be deposed remotely via Zoom .
Giuffre ’ s legal team also wants to question Zeiger , but they opposed forcing Wexner to testify .
On Monday , U.S. District Judge Preska ordered the parties to move ahead with document discovery and the deposition of Wexner ’ s attorney .
An appointee of George H. W. Bush , Preska said the other evidence is needed to determine the necessity of Wexner ’ s testimony .
“ We ’ @ @ @ @ @ @ @ to be frank , I think that there ’ s close to zero percent chance that Mr. Wexner is going to voluntarily agree to be deposed , ” Kiely said at Monday ’ s hearing .
Giuffre ’ s counsel said Wexner ’ s deposition is collateral to the case and not necessary to address the extortion claims “ Nobody is alleging that any of the prior attorneys for the plaintiff had any communications with Mr. Wexner , ” Moss said .
“ All of the communications at issue were with Mr. Zeiger.
@ @ @ @ @ @ @ after his sex-trafficking indictment , Wexner released his most complete statement to his foundation answering questions about his association with the disgraced financier that became the subject of embarrassing coverage in The New York Times .
“ As the allegations against Mr. Epstein in Florida were emerging , he vehemently denied them , ” Wexner wrote on Aug. 8 , 2019 , referring to Epstein ’ s earlier prosecution in the late 2000s .
“ But by early fall 2007 , it was agreed that he should step back from the management of @ @ @ @ @ @ @ , we discovered that he had misappropriated vast sums of money from me and my family .
This was , frankly , a tremendous shock , even though it clearly pales in comparison to the unthinkable allegations against him now.
” Wexner stepped down from his position as Victoria ’ s Secret chairman earlier this year .

Ex-Victoria’s Secret CEO Leslie Wexner may still have to take the hot seat to talk about accused sex-trafficker Jeffrey Epstein, Harvard professor Alan Dershowitz and the woman who implicated all three of the men in the scandal.
MANHATTAN (CN) — Ex-Victoria’s Secret CEO Leslie Wexner may still have to take the hot seat to talk about accused sex-trafficker Jeffrey Epstein, Harvard professor Alan Dershowitz and the woman who implicated all three of the men in the scandal.
U.S. District Judge Loretta Preska reserved her decision Monday at the end of a half hour telephone conference on Dershowitz’s bid to depose the clothing billionaire.
“Seems to me we ought to see the lay of the land before we make that decision, right?” Preska told Dershowitz’s counsel, postponing a decision on Wexner’s potential deposition until after the parties have “close to a complete” collection of document discovery evidence.
Decades before Epstein’s indictments for abusing underage girls, Wexner appointed Epstein as a trustee of his foundation and gave him power of attorney over his fortune. That association has come back to haunt Wexner, in Epstein’s life and even his death.
“At some point in your life, we are all betrayed by friends,” Wexner told shareholders of Victoria’s Secret parent company L Brands at a board meeting last September, the month after Epstein’s apparent jailhouse suicide.
“Being taken advantage of by someone who was so sick, so cunning, so depraved is something I'm embarrassed I was even close to,” Wexner added. “But that is in the past.”
Dragging that history into the present, Dershowitz has sought to rope Wexner into his litigation with prominent Epstein accuser Virginia Giuffre, who claims that the professor sexually abused her when she was underage.
Giuffre sued the professor for defamation after he called her a “certified, complete, total liar,” and Dershowitz’s countersuit has depicted himself and Wexner as targets of an extortion plot.
Dershowitz counsel Christian Kiely, a lawyer from the Boston-based firm Todd & Weld, said the Harvard law professor is entitled to Wexner’s testimony to prove the underlying extortion claims.
“Your honor disqualified Boies Schiller from representing the plaintiff in this case because that extortion conspiracy made them necessary witnesses in this case — how can it be that the jury is not going to allow to hear from the target of that extortion conspiracy,” he remarked. “It’s inconceivable to me that we could have discovery in this case where we don’t get from Mr. Wexner,” Kiely added.
That position took a hit when Wexner and his attorney John Zeiger flatly contradicted Dershowitz’s theory in a legal brief stating: “[N]o extortion demand was ever made, no settlement was entered into, and not a penny (or other consideration) was ever paid.” (Parentheses in original.)
In a court filing Friday, Dershowitz filed a transcript that he believes shows Zeiger telling him a different story back in fall 2015.
“[A]re there any other people out there being shaken down?” Zeiger is recorded asking, though the full sentence is inaudible.
Throughout the 16-page transcript, Dershowitz does most of the talking about what Zeiger describes as his extortion “theory,” about which Wexner’s attorney appears intrigued but noncommittal.
For Giuffre’s legal team, Wexner’s refusal to corroborate Dershowitz’s legal defense is a “smoking gun” that is devastating to his case.
“Our understanding is that the only reason that the defendant wants to depose Mr. Wexner is to get Mr. Wexner on the record as denying that he accused my client or that he met my client,” Giuffre’s attorney Nicole Moss said during today’s conference. “And so of course, if that was the purpose of the deposition, then we’re going to need to have the ability to inquire into ‘well, what is the other evidence that suggests that that’s not true?’ and this will very quickly become multiple mini trials into other individuals that are not the core central issue at this case.”
Moss added: “I’m very concerned that once we open that door, it’s going to become a circus and that if they’re going to feel the need to seek such broader discovery than what’s currently on the table if we start going down that path.”
To safely answer questions in the age of the coronavirus, Zeiger has agreed to be deposed remotely via Zoom. Giuffre’s legal team also wants to question Zeiger, but they opposed forcing Wexner to testify.
On Monday, U.S. District Judge Preska ordered the parties to move ahead with document discovery and the deposition of Wexner’s attorney. An appointee of George H. W. Bush, Preska said the other evidence is needed to determine the necessity of Wexner’s testimony.
“We’re certainly agreeable to that, but to be frank, I think that there’s close to zero percent chance that Mr. Wexner is going to voluntarily agree to be deposed,” Kiely said at Monday’s hearing.
Giuffre’s counsel said Wexner’s deposition is collateral to the case and not necessary to address the extortion claims
“Nobody is alleging that any of the prior attorneys for the plaintiff had any communications with Mr. Wexner,” Moss said. “All of the communications at issue were with Mr. Zeiger.”
Before Epstein’s death but after his sex-trafficking indictment, Wexner released his most complete statement to his foundation answering questions about his association with the disgraced financier that became the subject of embarrassing coverage in The New York Times.
“As the allegations against Mr. Epstein in Florida were emerging, he vehemently denied them,” Wexner wrote on Aug. 8, 2019, referring to Epstein’s earlier prosecution in the late 2000s. “But by early fall 2007, it was agreed that he should step back from the management of our personal finances. In that process, we discovered that he had misappropriated vast sums of money from me and my family. This was, frankly, a tremendous shock, even though it clearly pales in comparison to the unthinkable allegations against him now.”
Wexner stepped down from his position as Victoria’s Secret chairman earlier this year.


courthousenews--2020-08-17--Prosecutors Charge Two Men in 2002 Killing of Run-DMC Star

( CN ) — Two men have been indicted nearly two decades later for the killing of hip hop star Jam Master Jay , one of New York City ’ s most infamous unsolved murders , federal prosecutors announced Monday .
Jason “ Jay ” Mizell , known professionally as Jam Master Jay , was a member of the 80s hip-hop group Run-DMC .
Mizell was shot in the head while in his recording studio on Oct. 30 , 2002 , leaving behind his wife and three children .
An indictment filed in the Eastern District of New York identifies @ @ @ @ @ @ @ Ronald Washington , who is currently in prison for several robberies that occurred while he was on the run from police after the shooting .
Prosecutors allege that Washington , who had publicly been named a suspect in 2007 , ordered Mizell on the ground and Jordan fired the deadly shot .
The investigation revealed that the two conspired to kill Mizell when a cocaine deal between them went sour .
“ The defendants allegedly carried out the cold-blooded murder of Jason Mizell , a brazen act that has finally caught up with @ @ @ @ @ @ @ agents and prosecutors who never gave up on this case , ” Acting U.S. Attorney Seth DuCharme said in a statement .
“ The charges announced today begin to provide a measure of justice to the family and friends of the victim , and make clear that the rule of law will be upheld , whether that takes days , months or decades.
” If convicted , both Jordan and Washington face a mandatory minimum sentence of 20 years in prison and a maximum of life in prison .
It is unclear if @ @ @ @ @ @ @ death penalty .
Jordan is also charged with engaging in a conspiracy to distribute cocaine .
“ For nearly eighteen years , one of these alleged perpetrators walked freely , thinking he ’ d gotten away with murder , ” said Daryl McCormick , acting special agent in charge for the Bureau of Alcohol , Tobacco , Firearms and Explosives .
“ But today , thanks to the unwavering efforts of the investigators and prosecutors , two individuals will answer for their crimes.
” Prosecutors have requested that both remain in jail pending @ @ @ @ @ @ @ via teleconference due to Covid-19 and Washington , who is imprisoned in Kentucky , will be arraigned later this week .
New York City and friends of Mizell had offered a $ 60,000 reward for information about the case but no one ever came forward , despite police identifying other people in the studio that day .
Washington , who had been living on Mizell ’ s couch prior to the shooting , has also been linked to the 1995 killing of Randy Walker , a rapper who was close with Tupac Shakur @ @ @ @ @ @ @ suspect in the Walker case , but has not been charged and has denied any involvement .
Run-DMC reached mainstream success with their crossover song “ Walk This Way ” with Aerosmith in 1986 , and the group was inducted into the Rock and Roll Hall of Fame in 2009 .

Two men have been indicted nearly two decades later for the killing of hip hop star Jam Master Jay, one of New York City’s most infamous unsolved murders, federal prosecutors announced Monday.
(CN) — Two men have been indicted nearly two decades later for the killing of hip hop star Jam Master Jay, one of New York City’s most infamous unsolved murders, federal prosecutors announced Monday.
Jason “Jay” Mizell, known professionally as Jam Master Jay, was a member of the 80s hip-hop group Run-DMC. Mizell was shot in the head while in his recording studio on Oct. 30, 2002, leaving behind his wife and three children.
An indictment filed in the Eastern District of New York identifies the suspects as Karl Jordan Jr. and Ronald Washington, who is currently in prison for several robberies that occurred while he was on the run from police after the shooting.
Prosecutors allege that Washington, who had publicly been named a suspect in 2007, ordered Mizell on the ground and Jordan fired the deadly shot. The investigation revealed that the two conspired to kill Mizell when a cocaine deal between them went sour.
“The defendants allegedly carried out the cold-blooded murder of Jason Mizell, a brazen act that has finally caught up with them thanks to the dedicated detectives, agents and prosecutors who never gave up on this case,” Acting U.S. Attorney Seth DuCharme said in a statement. “The charges announced today begin to provide a measure of justice to the family and friends of the victim, and make clear that the rule of law will be upheld, whether that takes days, months or decades.”
If convicted, both Jordan and Washington face a mandatory minimum sentence of 20 years in prison and a maximum of life in prison. It is unclear if Attorney General William Barr will seek the death penalty. Jordan is also charged with engaging in a conspiracy to distribute cocaine.
“For nearly eighteen years, one of these alleged perpetrators walked freely, thinking he’d gotten away with murder,” said Daryl McCormick, acting special agent in charge for the Bureau of Alcohol, Tobacco, Firearms and Explosives. “But today, thanks to the unwavering efforts of the investigators and prosecutors, two individuals will answer for their crimes.”
Prosecutors have requested that both remain in jail pending trial. Jordan will be arraigned Monday via teleconference due to Covid-19 and Washington, who is imprisoned in Kentucky, will be arraigned later this week.
New York City and friends of Mizell had offered a $60,000 reward for information about the case but no one ever came forward, despite police identifying other people in the studio that day.
Washington, who had been living on Mizell’s couch prior to the shooting, has also been linked to the 1995 killing of Randy Walker, a rapper who was close with Tupac Shakur. Washington has reportedly been named a suspect in the Walker case, but has not been charged and has denied any involvement.
Run-DMC reached mainstream success with their crossover song “Walk This Way” with Aerosmith in 1986, and the group was inducted into the Rock and Roll Hall of Fame in 2009.


Sandy Hook

AUSTIN , Texas — A Sandy Hook victim ’ s parent may pursue his intentional infliction of emotional distress claim @ @ @ @ @ relating to statements disputing the authenticity of the 2012 school shooting , an appeals court @ @ @ @ @ the lower court properly refused to dismiss the case .

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.


Star Trek

NEW YORK — A developer of a video game that used tardigrades — microscopic organisms that can survive in space @ @ @ @ @ in Star Trek : Discovery ’ s use of the same organism , the Second @ @ @


Independent Contractors

SAN DIEGO — A federal court in California dismissed a class action challenge to Assembly Bill 5 brought against the @ @ @ @ @ that contract with individuals to collect signatures from voters on ballot initiatives .
The statute @ @ @ @ @ classifying workers as employees rather than independent contractors .


Diamond Rings

NEW YORK — The Second Circuit vacated a $ 21 million award granted to Tiffany & Co. on its trademark @ @ @ @ @ use of the word “ Tiffany ” on point-of-sale signs for diamond engagement rings .
@ @ @ @ @ question as to whether it used the word “ Tiffany ” in good faith .


Transgender Athletes

BOISE , Idaho — A federal judge in Idaho granted a preliminary injunction blocking enforcement of a state law that @ @ @ @ @ on women ’ s sports teams , finding the plaintiffs are likely to establish that @ @ @ @ @ written .


courthousenews--2020-08-18--California Finalizes Deal With Five Automakers to Reduce Emissions

SACRAMENTO , Calif. ( CN ) — Marking substantial progress in California ’ s fight against the Trump administration ’ s bid to weaken emissions standards , the state announced Monday it had finalized commitments with five major automakers to continue producing cleaner and more electric cars .
The California Air Resources Board says the individual deals reached with Ford , Honda , Volkswagen Group of America , Volvo and BMW of North America will help enshrine the state ’ s stringent clean air goals regardless of whether the courts uphold President Donald Trump ’ s contentious rollback of the @ @ @ @ @ @ @ , the voluntary deals apply to model years 2021-2026 and will prevent hundreds of millions of tons of greenhouse gas emissions .
“ We consider the automakers who have joined these agreements as forward-looking and committed to cleaner cars and cleaner air , ” said Stanley Young , the board ’ s communications director .
The Trump administration stunned state officials and environmentalists in August 2018 when it proposed rolling back Obama-era vehicle emissions and fuel economy standards that were intended to nearly double passenger vehicle ’ s fuel economy and halve their @ @ @ @ @ @ @ Protection Agency defended its decision and cast California ’ s standards as regulatory burdens that were preventing automakers from producing cheap cars , calling for one uniform standard .
Meanwhile , Trump claimed the move would lead to a rush of “ less expensive cars ” and be a boon for consumers and workers .
More importantly for California , the move meant its long-standing ability to force automakers to produce cleaner , more efficient cars was on the ropes .
California ’ s emissions laws , which have been adopted by a @ @ @ @ @ @ @ to help clear California ’ s infamously smoggy skies in order to remain in its lucrative market .
The clean air laws are also a critical component of the state ’ s ambitious climate change goals , as tailpipe emissions are the major contributor of greenhouse gas emissions in the state .
After the rollback was finalized , California predictably responded with a pair of federal lawsuits that are pending in the District of Columbia , joined by 22 other states .
The state argues the EPA lacks the authority to revoke a @ @ @ @ @ @ @ the first place .
Looking to hedge its legal battles , California began talks with automakers and announced the proposed deals in July 2019 .
The agreements angered Trump , who lashed out on Twitter and called the automakers “ foolish ” for agreeing to work with California regulators .
The Department of Justice then opened an antitrust probe into the automakers but quickly dropped it in February 2020 .
“ These trumped up charges were always a sham — a blatant attempt by the Trump administration to prevent more automakers from joining @ @ @ @ @ @ @ , ” California ’ s Democratic Governor Gavin Newsom said of the fruitless inquiry .
Under the finalized agreements announced Monday , the automakers will abide by California ’ s existing standard regardless of how the courts rule .
For their cooperation , the air resources board will give the companies more time to meet the regulations , which require gradual reductions in tailpipe emissions , along with credits for producing electric vehicles .
The board says the automakers proved their commitment by sharing detailed business plans for future electric vehicles and that @ @ @ @ @ @ @ “ These agreements , designed to further advance innovation and investment , are memorialized in a separate appendix for each company , and are designated as Confidential Business Information because they relate to specific model production plans and similar matters .
Generally they promote enhanced distribution of zero emission vehicles , ” the board said in its announcement .
While the state ’ s workaround does include industry titans like Ford and Honda , others including General Motors and Toyota are backing Trump ’ s rollback .
A total of 15 automakers and @ @ @ @ @ @ @ on behalf of the federal government in the lawsuit , claiming one national standard would save money and spur further emissions innovation .
“ With our industry facing the possibility of multiple , overlapping and inconsistent standards that drive up costs and penalize consumers , we had an obligation to intervene , ” the coalition said in defense of its decision to join with the Trump administration .
As the fight over fuel mileage plays out in Washington , D.C. , Young said in a phone interview that there is still time for @ @ @ @ @ @ @ bargaining table : “ We are very open to further discussions .
”

Marking substantial progress in California’s fight against the Trump administration’s bid to weaken emissions standards, the state announced Monday it had finalized commitments with five major automakers to continue producing cleaner and more electric cars.
SACRAMENTO, Calif. (CN) — Marking substantial progress in California’s fight against the Trump administration’s bid to weaken emissions standards, the state announced Monday it had finalized commitments with five major automakers to continue producing cleaner and more electric cars.
The California Air Resources Board says the individual deals reached with Ford, Honda, Volkswagen Group of America, Volvo and BMW of North America will help enshrine the state’s stringent clean air goals regardless of whether the courts uphold President Donald Trump’s contentious rollback of the Obama-era rules. According to the board, the voluntary deals apply to model years 2021-2026 and will prevent hundreds of millions of tons of greenhouse gas emissions.
“We consider the automakers who have joined these agreements as forward-looking and committed to cleaner cars and cleaner air,” said Stanley Young, the board’s communications director.
The Trump administration stunned state officials and environmentalists in August 2018 when it proposed rolling back Obama-era vehicle emissions and fuel economy standards that were intended to nearly double passenger vehicle’s fuel economy and halve their carbon emissions by 2025.
The Environmental Protection Agency defended its decision and cast California’s standards as regulatory burdens that were preventing automakers from producing cheap cars, calling for one uniform standard. Meanwhile, Trump claimed the move would lead to a rush of “less expensive cars” and be a boon for consumers and workers.
More importantly for California, the move meant its long-standing ability to force automakers to produce cleaner, more efficient cars was on the ropes.
California’s emissions laws, which have been adopted by a dozen other states, have forced automakers to help clear California’s infamously smoggy skies in order to remain in its lucrative market. The clean air laws are also a critical component of the state’s ambitious climate change goals, as tailpipe emissions are the major contributor of greenhouse gas emissions in the state.
After the rollback was finalized, California predictably responded with a pair of federal lawsuits that are pending in the District of Columbia, joined by 22 other states. The state argues the EPA lacks the authority to revoke a waiver intended to improve air pollution in the first place.
Looking to hedge its legal battles, California began talks with automakers and announced the proposed deals in July 2019.
The agreements angered Trump, who lashed out on Twitter and called the automakers “foolish” for agreeing to work with California regulators. The Department of Justice then opened an antitrust probe into the automakers but quickly dropped it in February 2020.
“These trumped up charges were always a sham — a blatant attempt by the Trump administration to prevent more automakers from joining California and agreeing to stronger emissions standards,” California’s Democratic Governor Gavin Newsom said of the fruitless inquiry.
Under the finalized agreements announced Monday, the automakers will abide by California’s existing standard regardless of how the courts rule. For their cooperation, the air resources board will give the companies more time to meet the regulations, which require gradual reductions in tailpipe emissions, along with credits for producing electric vehicles.
The board says the automakers proved their commitment by sharing detailed business plans for future electric vehicles and that the deals are on solid ground.
“These agreements, designed to further advance innovation and investment, are memorialized in a separate appendix for each company, and are designated as Confidential Business Information because they relate to specific model production plans and similar matters. Generally they promote enhanced distribution of zero emission vehicles,” the board said in its announcement.
While the state’s workaround does include industry titans like Ford and Honda, others including General Motors and Toyota are backing Trump’s rollback.
A total of 15 automakers and the National Automobile Dealers Association have intervened on behalf of the federal government in the lawsuit, claiming one national standard would save money and spur further emissions innovation.
“With our industry facing the possibility of multiple, overlapping and inconsistent standards that drive up costs and penalize consumers, we had an obligation to intervene,” the coalition said in defense of its decision to join with the Trump administration.
As the fight over fuel mileage plays out in Washington, D.C., Young said in a phone interview that there is still time for the other automakers to come to the bargaining table: “We are very open to further discussions.”


courthousenews--2020-08-18--Democrats Call for Unity as Virtual Milwaukee Convention Begins

MILWAUKEE , Wis. ( CN ) — The Democratic Party sought to summon “ We the People ” Monday night as it kicked off its stripped down virtual convention in Milwaukee amid a nationwide reckoning over racial injustice , partisan tribalism and economic and civic turmoil spurred by the unrelenting Covid-19 pandemic .
Former first lady Michelle Obama , Vermont Senator Bernie Sanders and other speakers led the charge at the mostly-virtual convention .
First planned as a traditional spectacle expected to draw more than 50,000 visitors to the Badger State Aug. 17-20 , the Democratic National Convention is now @ @ @ @ @ @ @ to the pandemic , with a limited number of events broadcast from downtown Milwaukee in the Wisconsin Center , the smaller venue organizers settled for after downsizing and postponing the event in June .
After a choir of children sang the National Anthem and U.S. Representative Bennie Thompson of Mississippi officially gaveled in the convention — both the first in a series of previously recorded segments — U.S. Representative Gwen Moore , who represents the 4th Congressional District encompassing Milwaukee , welcomed virtual convention goers to the City of Festivals .
“ Tonight @ @ @ @ @ @ @ soul of America , ” Moore said , calling for a united front behind nominee to-be Joe Biden and his vice presidential pick , California Senator Kamala Harris .
In Monday evening ’ s keynote address , Michelle Obama painted a remorseful picture of a divided , distressed America beset by multiple crises that have turned the country topside down , including the dual pandemics of systemic racial violence and a virus whose exponential spread has upended everyday life in the nation .
Obama regretfully found that “ whenever we look to this @ @ @ @ @ @ @ or any semblance of steadiness , what we get instead is chaos , division , and a total and utter lack of empathy.
” Empathy was a touchstone for the former first lady , a value she felt was in tragically short supply in President Donald Trump ’ s America , saying that “ kids in this country are seeing what happens when we stop requiring empathy of one another.
” Obama took the president to task for presiding over “ a nation that ’ s underperforming not simply on matters of policy @ @ @ @ @ @ @ which she called infuriating considering “ the goodness and the grace that is out there in households and neighborhoods all across the nation.
” She ended her speech by calling engaged voters everywhere to action , saying “ if we want to able to look our children in the eye after this election , we have got to reassert our place in American history.
” Sanders spoke just before Obama , at times directly addressing his ardent supporters to illuminate opportunities for compromise and unity in the Democratic Party between his leftward vision @ @ @ @ @ @ @ old Senate colleague and occasional sparring partner , former Vice President Joe Biden .
The Vermont senator ’ s view of the nation was a dire one , owing to a president who is “ leading us down the path of authoritarianism ” and trafficking in greed , oligarchy and bigotry as opposed to justice , love and compassion , all while failing to address the virus that has infected more than 5 million Americans while claiming 170,000 plus lives and counting .
He nodded to the work he and his supporters have @ @ @ @ @ @ @ be fringe modern and mainstream , pointing to Biden ’ s support for a $ 15 minimum wage , easier access to unions , creating 12 weeks of paid family leave and transitioning to 100 % clean energy over the next 15 years .
The senator , whose own presidential aspirations seem to be behind him after two failed runs at office , conceded that although the two have different ideas of how to get there , he and Biden both see universal health care as the end goal .
Sanders said unequivocally @ @ @ @ @ @ @ important in the modern history of this country ” and encouraged those watching to come together against Trump in electing Biden and Harris into office , declaring that “ the price of failure is just too great to imagine.
” Multiple Republicans made unlikely appearances to denounce Trump and support Biden Monday night , illustrating the urgency across the political spectrum for a change in the nation ’ s chief executive .
Chief among those GOP defectors was former Ohio Governor John Kasich , who despite being a lifelong Republican considered his partisan @ @ @ @ @ @ @ country .
“ Yes , there are areas where Joe and I absolutely disagree , ” Kasich said .
“ But that ’ s okay because that ’ s America .
Because whatever our differences , we respect one another as human beings , each of us searching for justice and for purpose.
” Kasich said he knew that “ Joe Biden , with his experience and his wisdom and his decency , can bring us together to help us find a better way.
” Washington , D.C. , Mayor Muriel Bowser championed @ @ @ @ @ @ @ U.S. all over the world in the aftermath of the death of George Floyd at the hands of Minneapolis police officers over Memorial Day .
“ But while we were peacefully protesting , Donald Trump was plotting , ” Bowser said , going on to describe when Trump “ stood in front of one of our most treasured houses of worship and held a Bible for a photo op , ” referring to an incident in which protesters were cleared from Lafayette Square near St. John ’ s Episcopal Church in Washington with @ @ @ @ @ @ @ for the now infamous picture .
Shortly after that day in June , Bowser issued a directive renaming Lafayette Square — which sits only about 1,000 feet from the White House — Black Lives Matter Plaza , where she delivered her remarks from Monday night .
Members of George Floyd ’ s family joined the convention via video stream , invoking a moment of silence in the names of Floyd , Sandra Bland , Breonna Taylor , Ahmaud Arbery and other Black Americans who have recently died from police violence .
Floyd ’ @ @ @ @ @ @ @ this moment ends , let ’ s hope we never stop saying their names.
” U.S. Representative James Clyburn of South Carolina called on a country “ stepping out from the shadows of our past ” to gather around the former vice president because “ we need a president who sees unifying people as a requirement of the job.
” “ Joe Biden is as good a man as he is a leader , ” Clyburn said .
“ I have said before and wish to reiterate again tonight : we know Joe @ @ @ @ @ @ @ us.
” Kristin Urquiza , a California resident who lost her father to Covid-19 , said “ enough is enough ” with regard to the president ’ s pandemic response , saying that “ the coronavirus has made it clear that there are two Americas : the America that Donald Trump lives in and the America that my father died in.
” Michigan Governor Gretchen Whitmer , once considered to have been on the short list for Biden ’ s running mate , played on her unenviable status as a common Trump punching @ @ @ @ @ @ @ m Gretchen Whitmer — or , as Donald Trump calls me , ‘ that woman from Michigan , ’ ” the governor said .
Whitmer joined in dunking on Trump for his haphazard pandemic response , saying “ over the past few months we learned what ’ s essential : rising to the challenge , not denying it.
” Senator Catherine Cortez Masto of Nevada was the first speaker on Monday night to blast Trump over his recent attacks on the U.S .
Postal Service and the vote-by-mail system at large , which @ @ @ @ @ @ @ gamesmanship in an admitted attempt to hamstring the Postal Service in order to stymie voting by mail in the November election , actions he was sued over on Monday .
“ Despite what the president says , voting by mail has been a secure , proven option for decades : in 2016 , 33 million Americans voted by mail , ” Masto said , noting that Trump himself has requested an absentee ballot twice this year despite his public-facing skepticism of the practice as somehow inherently fraudulent .
Amber Wichowsky , professor of @ @ @ @ @ @ @ of the Marquette Democracy Lab , reacted to the wide-ranging targets of Monday night ’ s pleas for coalescence .
“ You saw the sort of overtures to Republicans to say ‘ you ’ re welcome in this party , ’ to energize the base , and also to energize the progressive left , ” the latter of which fell mostly on Sanders , someone Wichowsky expects to hear more from on the campaign trail .
Wichowsky still wondered whether the efforts to reach out to progressives will work to quell intra-party disagreement @ @ @ @ @ @ @ of Sanders delegates signed and circulated a petition saying they would boycott the Democratic platform if it did not include universal health care , but a virtual convention also did not leave room for the kind of revolt Sanders delegates staged at the 2016 Democratic convention in Philadelphia .
Michael Genovese , professor of political science and international relations at Loyola Marymount University , said in an interview Monday night that this was “ clearly not your father ’ s political convention ” but said the Democrats ’ risk of presenting “ kind @ @ @ @ @ @ @ lieu of a straightforward convention seemed to pay off .
The professor contrasted the Democratic program with the in-person campaign-style speeches Trump made at events in Wisconsin and Minnesota on Monday in tandem with the Democrats ’ virtual convention , which consisted of Trump touting his individual achievements and promises as opposed to Democrats “ we , we , we ” message of unity .
Genovese was struck most by Obama ’ s speech , which he called “ just devastating.
” “ Like her or not , she has gravitas , ” @ @ @ @ @ @ @ accumulated and earned capital tonight to talk about character and empathy .
I think she did the Democrats the biggest favor of all tonight and this was not at all a surprise .
”

Sanders said unequivocally that “this election is the most important in the modern history of this country” and encouraged those watching to come together against Trump in electing Biden and Harris into office, declaring that “the price of failure is just too great to imagine.”
Multiple Republicans made unlikely appearances to denounce Trump and support Biden Monday night, illustrating the urgency across the political spectrum for a change in the nation’s chief executive.
Chief among those GOP defectors was former Ohio Governor John Kasich, who despite being a lifelong Republican considered his partisan attachment secondary to his responsibility to his country.
“Yes, there are areas where Joe and I absolutely disagree,” Kasich said. “But that’s okay because that’s America. Because whatever our differences, we respect one another as human beings, each of us searching for justice and for purpose.”
Kasich said he knew that “Joe Biden, with his experience and his wisdom and his decency, can bring us together to help us find a better way.”
Washington, D.C., Mayor Muriel Bowser championed the protest movement that spread from the U.S. all over the world in the aftermath of the death of George Floyd at the hands of Minneapolis police officers over Memorial Day.
“But while we were peacefully protesting, Donald Trump was plotting,” Bowser said, going on to describe when Trump “stood in front of one of our most treasured houses of worship and held a Bible for a photo op,” referring to an incident in which protesters were cleared from Lafayette Square near St. John’s Episcopal Church in Washington with tear gas and other riot control measures for the now infamous picture.
Shortly after that day in June, Bowser issued a directive renaming Lafayette Square — which sits only about 1,000 feet from the White House — Black Lives Matter Plaza, where she delivered her remarks from Monday night.
Members of George Floyd’s family joined the convention via video stream, invoking a moment of silence in the names of Floyd, Sandra Bland, Breonna Taylor, Ahmaud Arbery and other Black Americans who have recently died from police violence.
Floyd’s brother Philonise implored: “when this moment ends, let’s hope we never stop saying their names.”
U.S. Representative James Clyburn of South Carolina called on a country “stepping out from the shadows of our past” to gather around the former vice president because “we need a president who sees unifying people as a requirement of the job.”
“Joe Biden is as good a man as he is a leader,” Clyburn said. “I have said before and wish to reiterate again tonight: we know Joe. But more importantly, Joe knows us.”
Kristin Urquiza, a California resident who lost her father to Covid-19, said “enough is enough” with regard to the president’s pandemic response, saying that “the coronavirus has made it clear that there are two Americas: the America that Donald Trump lives in and the America that my father died in.”
Michigan Governor Gretchen Whitmer, once considered to have been on the short list for Biden’s running mate, played on her unenviable status as a common Trump punching bag Monday night.
“I’m Gretchen Whitmer — or, as Donald Trump calls me, ‘that woman from Michigan,’” the governor said.
Whitmer joined in dunking on Trump for his haphazard pandemic response, saying “over the past few months we learned what’s essential: rising to the challenge, not denying it.”
Senator Catherine Cortez Masto of Nevada was the first speaker on Monday night to blast Trump over his recent attacks on the U.S. Postal Service and the vote-by-mail system at large, which he has targeted with cutbacks and political gamesmanship in an admitted attempt to hamstring the Postal Service in order to stymie voting by mail in the November election, actions he was sued over on Monday.
“Despite what the president says, voting by mail has been a secure, proven option for decades: in 2016, 33 million Americans voted by mail,” Masto said, noting that Trump himself has requested an absentee ballot twice this year despite his public-facing skepticism of the practice as somehow inherently fraudulent.
Amber Wichowsky, professor of political science at Marquette University and director of the Marquette Democracy Lab, reacted to the wide-ranging targets of Monday night’s pleas for coalescence.
“You saw the sort of overtures to Republicans to say ‘you’re welcome in this party,’ to energize the base, and also to energize the progressive left,” the latter of which fell mostly on Sanders, someone Wichowsky expects to hear more from on the campaign trail.
Wichowsky still wondered whether the efforts to reach out to progressives will work to quell intra-party disagreement. Just over two weeks ago hundreds of Sanders delegates signed and circulated a petition saying they would boycott the Democratic platform if it did not include universal health care, but a virtual convention also did not leave room for the kind of revolt Sanders delegates staged at the 2016 Democratic convention in Philadelphia.
Michael Genovese, professor of political science and international relations at Loyola Marymount University, said in an interview Monday night that this was “clearly not your father’s political convention” but said the Democrats’ risk of presenting “kind of a polished television program” in lieu of a straightforward convention seemed to pay off.
The professor contrasted the Democratic program with the in-person campaign-style speeches Trump made at events in Wisconsin and Minnesota on Monday in tandem with the Democrats’ virtual convention, which consisted of Trump touting his individual achievements and promises as opposed to Democrats “we, we, we” message of unity.
Genovese was struck most by Obama’s speech, which he called “just devastating.”
“Like her or not, she has gravitas,” Genovese said. “She used her accumulated and earned capital tonight to talk about character and empathy. I think she did the Democrats the biggest favor of all tonight and this was not at all a surprise.”


courthousenews--2020-08-18--Federal Judge Blocks Trump Administration’s Transgender Health Care Rollback

( CN ) — A federal judge in New York Monday blocked new rules proposed by the Trump administration that would have removed anti-discrimination protections for transgender patients in programs funded by the Affordable Care Act .
U.S. District Court Senior Judge Frederic Block ruled Monday afternoon that the Department of Health and Human Services ’ planned 2020 rules change , which would have reversed the department ’ s existing prohibition on discrimination on the basis of gender identity , ran contrary to the Supreme Court ’ s recent decision in Bostock v. Clayton County .
In Bostock , the @ @ @ @ @ @ @ on gender identity and sexuality constituted discrimination on the basis of sex .
Block , a Bill Clinton appointee in the U.S. District Court for the Eastern District of New York , wrote in his opinion that the department had continued working toward enacting rules contrary to that decision even two months after the fact .
“ HHS knew that the case was pending and would have ‘ ramifications ’ ; it must also have known that a decision would be handed down before the end of the Supreme Court ’ s term @ @ @ @ @ @ @ brief ) opportunity to re-evaluate its proposed rules after the case was decided contrary to its expectations , ” Block wrote .
“ Instead , it did nothing .
The timing might even suggest to a cynic that the agency pushed ahead specifically to avoid having to address an adverse decision , ” he continued .
“ Whether by design or bureaucratic inertia , the fact remains that HHS finalized the 2020 Rules without addressing the impact of the Supreme Court ’ s decision in Bostock.
” The new rules , set to @ @ @ @ @ @ @ reversed a part of the agency ’ s 2016 rules , which included discrimination based on gender identity and sexual orientation as sex discrimination under Title VII and Title IX of the Civil Rights Act of 1964 .
In Bostock , the high court affirmed that position as to Title VII .
The two transgender women who brought the case had been turned away , mocked or physically abused in their pursuit of medical care and argued that Health and Human Services had acted arbitrarily and capriciously in enacting rules that would allow @ @ @ @ @ @ @ that the reasoning the agency had used to justify its proposed rules was “ based upon its pre-Bostock understanding.
” “ An agency action can be ‘ arbitrary and capricious ’ for many reasons , but one is that the agency has ‘ entirely failed to consider an important aspect of the problem , ’ ” Block wrote , citing the 1983 Supreme Court decision Motor Vehicle Mfrs .
Ass ’ n .
v. State Farm .
“ The unmistakable basis for HHS ’ s action was a rejection of the position taken @ @ @ @ @ @ @ includes discrimination based on gender identity and sex stereotyping , ” he continued .
Bostock , he said , should have factored into the department ’ s rulemaking because it directly contradicted that goal .
The case is one of several brought to challenge the proposed rules since the Trump administration announced them in June .
They have stressed the fact that the rule change would deprive transgender Americans of health care in the midst of the global Covid-19 pandemic .
The proposed rule change faced criticism from the American Medical Association , @ @ @ @ @ @ @ organizations .
UCLA law professor Christy Mallory , who serves as legal director for the school ’ s Williams Institute — a think tank on sexual orientation and gender identity law and policy — said she was impressed with , but not surprised by , Block ’ s ruling .
“ It ’ s a strong order .
It makes sense .
It ’ s tied to a Supreme Court decision , ” she said .
With Bostock so fresh in recent memory , and plenty of notice to HHS that the ruling @ @ @ @ @ @ @ said Block ’ s decision rested on a solid foundation .
“ HHS wrote in there that there ’ s going to be a decision one way or another , ” Mallory said .
“ They basically acknowledged that the Supreme Court decision will bear on this interpretation.
” Mallory said the ruling ’ s impact , while somewhat overshadowed by Bostock itself , was notable .
“ The court really recognizes that the repeal of these laws sends the message that the government doesn ’ t support LGBT people and their access @ @ @ @ @ @ @ been able to stand , she added , “ it could lead to LGBTQ people not even going to their doctors , because they ’ re afraid … There ’ s all kinds of ramifications beyond that , in terms of mental health , physical health .
Discrimination really takes a toll on people ’ s well-being.
” The Department of Health and Human Services did not immediately respond to a request for comment Monday .
The case was filed by the Human Rights Campaign alongside co-counsel BakerHostetler .
“ We are pleased @ @ @ @ @ @ @ what it is : discrimination , plain and simple .
LGBTQ Americans deserve the health care that they need without fear of mistreatment , harassment , or humiliation , ” HRC president Alphonso David said in a statement .
“ This failed attempt to callously strip away non-discrimination health care protections is merely the latest in a long line of attacks against the transgender community from the Trump-Pence team , ” David added .
“ Today ’ s victory is a step in the right direction , and we at the Human Rights @ @ @ @ @ @ @ ’ s attempts to dehumanize and stigmatize the LGBTQ community .
This rule should be permanently tossed out and we will fight in court to ensure that it is .
”

A federal judge in New York Monday blocked new rules proposed by the Trump administration’s, which would have removed anti-discrimination protections for transgender patients in programs funded by the Affordable Care Act.
(CN) — A federal judge in New York Monday blocked new rules proposed by the Trump administration that would have removed anti-discrimination protections for transgender patients in programs funded by the Affordable Care Act.
U.S. District Court Senior Judge Frederic Block ruled Monday afternoon that the Department of Health and Human Services’ planned 2020 rules change, which would have reversed the department’s existing prohibition on discrimination on the basis of gender identity, ran contrary to the Supreme Court’s recent decision in Bostock v. Clayton County.
In Bostock, the high court ruled 6–3 that discrimination based on gender identity and sexuality constituted discrimination on the basis of sex. Block, a Bill Clinton appointee in the U.S. District Court for the Eastern District of New York, wrote in his opinion that the department had continued working toward enacting rules contrary to that decision even two months after the fact.
“HHS knew that the case was pending and would have ‘ramifications’; it must also have known that a decision would be handed down before the end of the Supreme Court’s term. It then had an (admittedly brief) opportunity to re-evaluate its proposed rules after the case was decided contrary to its expectations,” Block wrote.
“Instead, it did nothing. The timing might even suggest to a cynic that the agency pushed ahead specifically to avoid having to address an adverse decision,” he continued. “Whether by design or bureaucratic inertia, the fact remains that HHS finalized the 2020 Rules without addressing the impact of the Supreme Court’s decision in Bostock.”
The new rules, set to go into effect Tuesday, would have reversed a part of the agency’s 2016 rules, which included discrimination based on gender identity and sexual orientation as sex discrimination under Title VII and Title IX of the Civil Rights Act of 1964. In Bostock, the high court affirmed that position as to Title VII.
The two transgender women who brought the case had been turned away, mocked or physically abused in their pursuit of medical care and argued that Health and Human Services had acted arbitrarily and capriciously in enacting rules that would allow such conduct. Block agreed, noting that the reasoning the agency had used to justify its proposed rules was “based upon its pre-Bostock understanding.”
“An agency action can be ‘arbitrary and capricious’ for many reasons, but one is that the agency has ‘entirely failed to consider an important aspect of the problem,’” Block wrote, citing the 1983 Supreme Court decision Motor Vehicle Mfrs. Ass’n. v. State Farm. “The unmistakable basis for HHS’s action was a rejection of the position taken in the 2016 Rules that sex discrimination includes discrimination based on gender identity and sex stereotyping,” he continued.
Bostock, he said, should have factored into the department’s rulemaking because it directly contradicted that goal.
The case is one of several brought to challenge the proposed rules since the Trump administration announced them in June. They have stressed the fact that the rule change would deprive transgender Americans of health care in the midst of the global Covid-19 pandemic. The proposed rule change faced criticism from the American Medical Association, as well as LGBTQ and human rights organizations.
UCLA law professor Christy Mallory, who serves as legal director for the school’s Williams Institute — a think tank on sexual orientation and gender identity law and policy — said she was impressed with, but not surprised by, Block’s ruling.
“It’s a strong order. It makes sense. It’s tied to a Supreme Court decision,” she said.
With Bostock so fresh in recent memory, and plenty of notice to HHS that the ruling would impact its rulemaking ability, she said Block’s decision rested on a solid foundation.
“HHS wrote in there that there’s going to be a decision one way or another,” Mallory said. “They basically acknowledged that the Supreme Court decision will bear on this interpretation.”
Mallory said the ruling’s impact, while somewhat overshadowed by Bostock itself, was notable.
“The court really recognizes that the repeal of these laws sends the message that the government doesn’t support LGBT people and their access to health care.”
Had the rules been able to stand, she added, “it could lead to LGBTQ people not even going to their doctors, because they’re afraid … There’s all kinds of ramifications beyond that, in terms of mental health, physical health. Discrimination really takes a toll on people’s well-being.”
The Department of Health and Human Services did not immediately respond to a request for comment Monday.
The case was filed by the Human Rights Campaign alongside co-counsel BakerHostetler.
“We are pleased the Court recognized this irrational rule for what it is: discrimination, plain and simple. LGBTQ Americans deserve the health care that they need without fear of mistreatment, harassment, or humiliation,” HRC president Alphonso David said in a statement.
“This failed attempt to callously strip away non-discrimination health care protections is merely the latest in a long line of attacks against the transgender community from the Trump-Pence team," David added. "Today’s victory is a step in the right direction, and we at the Human Rights Campaign will continue to fight the administration’s attempts to dehumanize and stigmatize the LGBTQ community. This rule should be permanently tossed out and we will fight in court to ensure that it is.”


courthousenews--2020-08-18--Siding With Ranchers, Washington State Kills Another Wolf Pack

( CN ) — Washington state wildlife managers wiped out an entire pack of wolves that roamed near the Canadian border in the remote Colville National Forest , after ranchers claimed the wolves killed cattle grazing on both private and public land .
State officials said Monday they had killed the last two known members of the Wedge wolf pack , after investigations showed the wolves had taken part in 16 livestock attacks on animals belonging to three different ranchers .
Officials said the wolves killed four animals since May and injured 19 .
One of the ranchers involved was @ @ @ @ @ @ @ M Ranch , according to the Capital Press .
“ It ’ s a blood bath , ” McIrvin told the Capital Press .
“ I don ’ t know if we ’ re going to have any cattle left when we ’ re done with this.
” McIrvin , who leases federal land to graze his cattle , has long criticized nonlethal methods of discouraging wolves from preying on livestock .
Washington Department of Fish & Wildlife has killed more wolves based on complaints from Diamond M Ranch than from any other @ @ @ @ @ @ @ Profanity Pack last summer .
Washington Gov .
Jay Inslee asked the department to kill fewer wolves , after last year ’ s contentious and litigation-filled grazing season ended with the state having killed nine wolves based on complaints over livestock predation .
The most recent count , conducted at the end of 2019 , showed a minimum of 108 wolves in Washington state , up from 97 in 2018 .
In July , near the beginning of this year ’ s summer grazing season , Kelly Susewind , director of the Washington @ @ @ @ @ @ @ to Inslee saying the agency aimed to improve what it sees as the best non-lethal method to prevent wolves from eating livestock — range riding .
Range riders accompany cattle on horseback as they graze , deterring wolf predation via human presence .
Prosecutors are currently investigating the case of two range riders accused of taking a shopping trip to Spokane , Wash. when they were supposed to be deep in the Kettle Range , paid to ride alongside cattle owned by McIrwin ’ s Diamond M Ranch .
While they were gone @ @ @ @ @ @ @ attacked the cattle the pair was supposed to be guarding , according to court documents in a lawsuit where environmentalists challenged the state ’ s wolf kill program .
After that , the state wildlife agency killed every member of the wolf pack .
Prosecutors haven ’ t said yet whether they will file charges against the couple involved .
Just increasing range riding is not enough to prevent wolves from killing livestock grazing in a national forest , according to Sophia Ressler , Washington state wildlife advocate with the Center for Biological @ @ @ @ @ @ @ rules requiring better documentation of non-lethal measures that can be enforced before the department is allowed to consider killing wolves .
“ We want assurance that non-lethal measures were done properly and were actually the correct preventative measure for the situation , ” Ressler told Courthouse News .
The department wants to launch a series of new non-lethal methods of deterring livestock predation , department spokeswoman Staci Lehman said over the phone .
Ideas include putting bells on cows , hanging strings of red flags that Lehman said might frighten wolves when they @ @ @ @ @ @ @ equipment near cattle herds that can detect wolves wearing radio collars and emit loud noises to scare them away .
But those ideas haven ’ t yet been fully implemented , Lehman said , because funding is limited and because some supplies are restricted during the Covid-19 pandemic .
The department does reimburse ranchers who lose cattle to wolves , but ranchers like McIrwin say the program doesn ’ t pay enough .
On grazing sites over 100 acres , where surveying for wolf kills would be too difficult , the government pays @ @ @ @ @ @ @ two animals for every animal confirmed to have been killed by a wolf .
And on smaller grazing sites where surveys are more practical , the government will pay the full market value for every animal confirmed to be killed by wolves .
“ Some take advantage of it , and some don ’ t , ” Lehman said .
“ It ’ s a lot of paperwork , so some don ’ t want to spend the time doing it.
” Officials are also trying to kill one or two wolves in @ @ @ @ @ @ @ had killed livestock on private grazing land in Stevens County .
And the department tried and failed several times to kill a wolf from the Togo pack this summer .
Lehman said that wolf kill order is no longer active , since the Togo pack hasn ’ t been found to have killed any livestock in over two months .
She said the pack may have moved after state-sponsored hunters tried to shoot its members from low-flying helicopters .
“ Sometimes the act of trying to kill a wolf will change their behavior @ @ @ @ @ @ @ it was “ ludicrous ” for the department to rely on lethal methods of managing livestock conflict .
“ The nonstop killing of wolves in Washington has to end now , ” Ressler said .
“ These wolves shouldn ’ t be gunned down just for trying to feed their families .
”

Washington state wildlife managers wiped an entire pack of wolves that roamed near the Canadian border in the remote Colville National Forest, after ranchers claimed the wolves killed cattle grazing on both private and public land.
(CN) — Washington state wildlife managers wiped out an entire pack of wolves that roamed near the Canadian border in the remote Colville National Forest, after ranchers claimed the wolves killed cattle grazing on both private and public land.
State officials said Monday they had killed the last two known members of the Wedge wolf pack, after investigations showed the wolves had taken part in 16 livestock attacks on animals belonging to three different ranchers. Officials said the wolves killed four animals since May and injured 19.
One of the ranchers involved was Len McIrvin, owner of the Diamond M Ranch, according to the Capital Press.
“It’s a blood bath,” McIrvin told the Capital Press. “I don’t know if we’re going to have any cattle left when we’re done with this.”
McIrvin, who leases federal land to graze his cattle, has long criticized nonlethal methods of discouraging wolves from preying on livestock. Washington Department of Fish & Wildlife has killed more wolves based on complaints from Diamond M Ranch than from any other livestock producer, including the entire Old Profanity Pack last summer.
Washington Gov. Jay Inslee asked the department to kill fewer wolves, after last year’s contentious and litigation-filled grazing season ended with the state having killed nine wolves based on complaints over livestock predation.
The most recent count, conducted at the end of 2019, showed a minimum of 108 wolves in Washington state, up from 97 in 2018.
In July, near the beginning of this year’s summer grazing season, Kelly Susewind, director of the Washington Department of Fish & Wildlife, wrote to Inslee saying the agency aimed to improve what it sees as the best non-lethal method to prevent wolves from eating livestock — range riding.
Range riders accompany cattle on horseback as they graze, deterring wolf predation via human presence. Prosecutors are currently investigating the case of two range riders accused of taking a shopping trip to Spokane, Wash. when they were supposed to be deep in the Kettle Range, paid to ride alongside cattle owned by McIrwin’s Diamond M Ranch.
While they were gone, wolves from the Old Profanity Pack attacked the cattle the pair was supposed to be guarding, according to court documents in a lawsuit where environmentalists challenged the state’s wolf kill program. After that, the state wildlife agency killed every member of the wolf pack. Prosecutors haven’t said yet whether they will file charges against the couple involved.
Just increasing range riding is not enough to prevent wolves from killing livestock grazing in a national forest, according to Sophia Ressler, Washington state wildlife advocate with the Center for Biological Diversity. Ressler said her group wants rules requiring better documentation of non-lethal measures that can be enforced before the department is allowed to consider killing wolves.
“We want assurance that non-lethal measures were done properly and were actually the correct preventative measure for the situation,” Ressler told Courthouse News.
The department wants to launch a series of new non-lethal methods of deterring livestock predation, department spokeswoman Staci Lehman said over the phone. Ideas include putting bells on cows, hanging strings of red flags that Lehman said might frighten wolves when they flutter in the wind, and putting equipment near cattle herds that can detect wolves wearing radio collars and emit loud noises to scare them away. But those ideas haven’t yet been fully implemented, Lehman said, because funding is limited and because some supplies are restricted during the Covid-19 pandemic.
The department does reimburse ranchers who lose cattle to wolves, but ranchers like McIrwin say the program doesn’t pay enough. On grazing sites over 100 acres, where surveying for wolf kills would be too difficult, the government pays ranchers the full current market value for two animals for every animal confirmed to have been killed by a wolf. And on smaller grazing sites where surveys are more practical, the government will pay the full market value for every animal confirmed to be killed by wolves.
“Some take advantage of it, and some don’t,” Lehman said. “It’s a lot of paperwork, so some don’t want to spend the time doing it.”
Officials are also trying to kill one or two wolves in the Leadpoint pack after officials said they had killed livestock on private grazing land in Stevens County. And the department tried and failed several times to kill a wolf from the Togo pack this summer. Lehman said that wolf kill order is no longer active, since the Togo pack hasn’t been found to have killed any livestock in over two months. She said the pack may have moved after state-sponsored hunters tried to shoot its members from low-flying helicopters.
“Sometimes the act of trying to kill a wolf will change their behavior,” Lehman said.
Ressler said it was “ludicrous” for the department to rely on lethal methods of managing livestock conflict.
“The nonstop killing of wolves in Washington has to end now,” Ressler said. “These wolves shouldn’t be gunned down just for trying to feed their families.”