Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight CNS stories for today including Joe Biden became the first Democratic presidential candidate to win Georgia since 1992 ; President Trump issued an executive order that would block U.S. investment in companies considered arms of the Chinese military ; Deaths are surging once again across Europe as the coronavirus pandemic overwhelms health systems , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through Friday .
1 . )
President-elect Joe @ @ @ @ @ @ @ Democratic presidential candidate to win the Peach State since 1992 — taking the final electoral prize of the 2020 campaign .
2 . )
Shifting gears from the election challenges that have otherwise occupied him this week , President Donald Trump issued an executive order that would block U.S. investment in companies considered arms of the Chinese military .
3 . )
With the coronavirus spreading faster than it ever has in California , worried officials Friday issued a desperate plea Friday for residents to stop traveling and hold “ virtual ” Thanksgiving @ @ @ @ @ @ @ judge on Friday denied bond to two white men accused of murdering Black jogger Ahmaud Arbery in February .
5 . )
In a continuation of a nearly decade-long fight , changes to union recertification in a controversial Wisconsin law constricting collective bargaining powers were debated before a federal appeals court panel Friday .
6 . )
Michigan Governor Gretchen Whitmer and the state ’ s Department of Natural Resources sued Friday to end a decades-old easement for Enbridge Energy ’ s dual pipelines through the Straits of Mackinac , citing a lack @ @ @ @ @ @ @ . )
Deaths are surging once again across Europe as the coronavirus pandemic overwhelms health systems and the region records more than 4,000 new deaths each day , the highest in the world .
8 . )
Emotions ran high Friday as a Dutch criminal court heard from one of the four men charged in the downing of Flight MH17 , in the last block of hearings leading up to a 2021 trial .

Top eight CNS stories for today including Joe Biden became the first Democratic presidential candidate to win Georgia since 1992; President Trump issued an executive order that would block U.S. investment in companies considered arms of the Chinese military; Deaths are surging once again across Europe as the coronavirus pandemic overwhelms health systems, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight CNS stories for today including Joe Biden became the first Democratic presidential candidate to win Georgia since 1992; President Trump issued an executive order that would block U.S. investment in companies considered arms of the Chinese military; Deaths are surging once again across Europe as the coronavirus pandemic overwhelms health systems, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) President-elect Joe Biden has flipped Georgia — the first Democratic presidential candidate to win the Peach State since 1992 — taking the final electoral prize of the 2020 campaign.
President-elect Joe Biden speaks Tuesday, Nov. 10, 2020, at The Queen theater in Wilmington, Del. (AP Photo/Carolyn Kaster)
2.) Shifting gears from the election challenges that have otherwise occupied him this week, President Donald Trump issued an executive order that would block U.S. investment in companies considered arms of the Chinese military.
President Donald Trump gives two thumbs up to supporters as he departs after playing golf at the Trump National Golf Club in Sterling Va., Sunday Nov. 8, 2020. (AP Photo/Steve Helber)
Regional
3.) With the coronavirus spreading faster than it ever has in California, worried officials Friday issued a desperate plea Friday for residents to stop traveling and hold “virtual” Thanksgiving celebrations.
The traveler-screening area at San Diego Airport, with few passengers queuing up on Sept. 10 during the coronavirus pandemic. (Courthouse News photo/Barbara Leonard)
4.) A Georgia judge on Friday denied bond to two white men accused of murdering Black jogger Ahmaud Arbery in February.
A mural of Ahmaud Arbery on display in Brunswick, Ga., where the 25-year-old Black man was shot and killed. (Sarah Blake Morgan/AP)
5.) In a continuation of a nearly decade-long fight, changes to union recertification in a controversial Wisconsin law constricting collective bargaining powers were debated before a federal appeals court panel Friday.
In this Monday, June 25, 2018 photo, people gather at the Supreme Court awaiting a decision in an Illinois union dues case, Janus vs. AFSCME, in Washington. (AP Photo/J. Scott Applewhite)
6.) Michigan Governor Gretchen Whitmer and the state’s Department of Natural Resources sued Friday to end a decades-old easement for Enbridge Energy’s dual pipelines through the Straits of Mackinac, citing a lack of compliance with safety standards.
FILE - This July 19, 2002, file photo, shows the Mackinac Bridge that spans the Straits of Mackinac from Mackinaw City, Mich. Enbridge Inc. said Monday, June, 17, 2019, it’s moving ahead with collection of rock and soil samples in the Straits of Mackinac while preparing for a court battle with Michigan’s governor over a planned oil pipeline tunnel there. The Canadian company, which has been drilling into the ground on the south side of the channel linking Lakes Huron and Michigan, said it will begin boring into the lakebed this week from a barge in shallow water. (AP Photo/Carlos Osorio, File)
International
7.) Deaths are surging once again across Europe as the coronavirus pandemic overwhelms health systems and the region records more than 4,000 new deaths each day, the highest in the world.
Paramedics and doctors stand outside the first aid area of the Cardarelli hospital in Naples, Italy, Friday, Nov. 13, 2020. Italian Government and health officials were analyzing data to see if the hard-strapped Campania region, which includes Naples, should be declared a red-zone. (AP Photo/Gregorio Borgia)
8.) Emotions ran high Friday as a Dutch criminal court heard from one of the four men charged in the downing of Flight MH17, in the last block of hearings leading up to a 2021 trial.


courthousenews--2020-11-13--Ninth Circuit Takes Up Right to Counsel for Asylum Seekers

( CN ) — The Ninth Circuit on Friday considered whether Congress ’ silence on immigrants ’ right to counsel during certain immigration proceedings means a federal judge erred in finding asylum seekers can have their attorneys present during interviews involving the “ Return to Mexico ” program .
The Justice Department asked the Ninth Circuit to undo U.S. District Judge Dana Sabraw ’ s finding asylum seekers fearing persecution or torture while residing in Mexico under the Migrant Protection Protocols or “ Remain in Mexico ” program could have their attorneys present prior to and during non-refoulement interviews to @ @ @ @ @ @ @ U.S. Justice Department attorney Brian Ward told a Ninth Circuit panel Friday the right to counsel articulated in the Administrative Procedure Act does not apply to asylum seekers , because their cases are governed by the Immigration and Nationality Act .
Ward argued the Administrative Procedure Act is superseded by the Immigration and Nationality Act , and as a result Sabraw — a George W. Bush appointee — was mistaken to issue a class-wide preliminary injunction guaranteeing asylum seekers on the U.S.-Mexico border had a right to counsel .
But U.S .
Circuit @ @ @ @ @ @ @ appointee , said Sabraw “ went through a fairly detailed comparison ” of the two immigration statues before finding the asylum seekers had a right to see their attorneys .
“ But that analysis seems inconsistent with your view that somehow Congress had issued a blanket exemption of all immigration proceedings , ” Watford told Ward .
Ward responded : “ The INA as a whole should be read with the understanding Congress made particular determinations to include a right to counsel in some provisions but not in others .
When it determined @ @ @ @ @ @ @ in particular statutory provisions , that should be regarded as intentional.
” He pointed out the credible fear interview process , for example , which provides asylum seekers a right to consult with retained attorneys prior to their interview but not during them .
But Watford pointed out there was no “ express statement ” made by Congress in the statute excluding the right to an attorney for asylum seekers during the non-refoulment interview process .
“ I think the presumption is reverse in exactly a way that hurts you , ” Watford @ @ @ @ @ @ @ is not simply ‘ Perhaps Congress wanted to be extra sure that counsel be provided.
’ Rather , what we need is some statement by Congress — ‘ We made a deliberate decision to exclude a right to counsel in this particular proceeding ’ — and we just simply don ’ t have that in the provision we ’ re looking at.
” When pressed by fellow Obama appointee U.S .
Circuit Judge Morgan Christen to point to any place in the Immigration and Nationality Act that says a person facing risk is @ @ @ @ @ @ @ to their interview , Ward doubled down on his argument .
“ I ’ m not aware of another statutory provision where it expressly says they are , ” Ward said .
He did acknowledge non-refoulment interviews and credible fear interviews “ functionally are similar , ” and the latter allows for consultation with counsel .
American Civil Liberties Union attorney Monika Langarica , representing the class of asylum seekers , said Sabraw ’ s order “ upholds the plain language of a controlling statute which guarantees the basic and fundamental right to @ @ @ @ @ @ @ the Administrative Procedure Act .
Because the class members are “ compelled to appear ” at the non-refoulment interview hearings with immigration agents , Langarica said the APA guaranteed their right to consult with retained counsel .
But Watford questioned whether the asylum seekers were truly compelled to appear at the interviews , as they are hearings requested by the asylum seekers themselves to determine whether they could safely reside in Mexico temporarily during the adjudication of their immigration claims .
“ The government is not compelling them to appear through subpoena or @ @ @ @ @ @ @ benefit that the government makes available to them , ” Watford said .
Langarica argued because the government “ puts the process in motion ” and class members did not “ elect ” to participate in the “ Remain in Mexico ” program , they are still compelled to appear at the interviews and their attorneys should be allowed to represent them .
“ Class members wait weeks or months between court hearings at which they have the opportunity to declare fear and surrender themselves to the non-refoulment interview .
When people fear @ @ @ @ @ @ @ [ it takes ] weeks to months between the opportunities to declare fear , in practical terms , can be rendered final decisions , ” Langarica said .
Chief U.S. District Judge Lee Rosenthal , a George H.W .
Bush appointee sitting by designation from the Southern District of Texas , rounded out the panel .
The matter was taken under submission .

The Ninth Circuit on Friday considered whether Congress’ silence on immigrants’ right to counsel during certain immigration proceedings means a federal judge erred in finding asylum seekers can have their attorneys present during interviews involving the “Return to Mexico” program.
(CN) — The Ninth Circuit on Friday considered whether Congress’ silence on immigrants’ right to counsel during certain immigration proceedings means a federal judge erred in finding asylum seekers can have their attorneys present during interviews involving the “Return to Mexico” program.
The Justice Department asked the Ninth Circuit to undo U.S. District Judge Dana Sabraw’s finding asylum seekers fearing persecution or torture while residing in Mexico under the Migrant Protection Protocols or “Remain in Mexico” program could have their attorneys present prior to and during non-refoulement interviews to determine if they should stay in the U.S.
Justice Department attorney Brian Ward told a Ninth Circuit panel Friday the right to counsel articulated in the Administrative Procedure Act does not apply to asylum seekers, because their cases are governed by the Immigration and Nationality Act.
Ward argued the Administrative Procedure Act is superseded by the Immigration and Nationality Act, and as a result Sabraw — a George W. Bush appointee — was mistaken to issue a class-wide preliminary injunction guaranteeing asylum seekers on the U.S.-Mexico border had a right to counsel.
But U.S. Circuit Judge Paul Watford, a Barack Obama appointee, said Sabraw “went through a fairly detailed comparison” of the two immigration statues before finding the asylum seekers had a right to see their attorneys.
“But that analysis seems inconsistent with your view that somehow Congress had issued a blanket exemption of all immigration proceedings,” Watford told Ward.
Ward responded: “The INA as a whole should be read with the understanding Congress made particular determinations to include a right to counsel in some provisions but not in others. When it determined not to include a right to counsel in particular statutory provisions, that should be regarded as intentional.”
He pointed out the credible fear interview process, for example, which provides asylum seekers a right to consult with retained attorneys prior to their interview but not during them.
But Watford pointed out there was no “express statement” made by Congress in the statute excluding the right to an attorney for asylum seekers during the non-refoulment interview process.
“I think the presumption is reverse in exactly a way that hurts you,” Watford said. “Because what we require is not simply ‘Perhaps Congress wanted to be extra sure that counsel be provided.’ Rather, what we need is some statement by Congress — ‘We made a deliberate decision to exclude a right to counsel in this particular proceeding’ — and we just simply don’t have that in the provision we’re looking at.”
When pressed by fellow Obama appointee U.S. Circuit Judge Morgan Christen to point to any place in the Immigration and Nationality Act that says a person facing risk is prohibited from consulting with an attorney prior to their interview, Ward doubled down on his argument.
“I’m not aware of another statutory provision where it expressly says they are,” Ward said.
He did acknowledge non-refoulment interviews and credible fear interviews “functionally are similar,” and the latter allows for consultation with counsel.
American Civil Liberties Union attorney Monika Langarica, representing the class of asylum seekers, said Sabraw’s order “upholds the plain language of a controlling statute which guarantees the basic and fundamental right to access to retained counsel” guaranteed by the Administrative Procedure Act.
Because the class members are “compelled to appear” at the non-refoulment interview hearings with immigration agents, Langarica said the APA guaranteed their right to consult with retained counsel.
But Watford questioned whether the asylum seekers were truly compelled to appear at the interviews, as they are hearings requested by the asylum seekers themselves to determine whether they could safely reside in Mexico temporarily during the adjudication of their immigration claims.
“The government is not compelling them to appear through subpoena or enforcement action, they are seeking a benefit that the government makes available to them,” Watford said.
Langarica argued because the government “puts the process in motion” and class members did not “elect” to participate in the “Remain in Mexico” program, they are still compelled to appear at the interviews and their attorneys should be allowed to represent them.
“Class members wait weeks or months between court hearings at which they have the opportunity to declare fear and surrender themselves to the non-refoulment interview. When people fear persecution and torture, the fact that [it takes] weeks to months between the opportunities to declare fear, in practical terms, can be rendered final decisions,” Langarica said.
Chief U.S. District Judge Lee Rosenthal, a George H.W. Bush appointee sitting by designation from the Southern District of Texas, rounded out the panel. The matter was taken under submission.


courthousenews--2020-11-13--Groups Claim Iowa Has Not Protected Workers During Pandemic

DES MOINES , Iowa ( CN ) — Iowa has for years failed to adequately enforce federal workplace health and safety regulations , which has taken on critical importance during the current Covid-19 outbreak , according to a complaint filed by labor , civil rights and faith-based groups .
Iowa is one of a number of states that enforce federal Occupational Health and Safety Administration regulations through a state agency .
But the administrative complaint filed Friday with the regional federal OSHA office in Kansas City , Missouri , says the state has failed in that job .
The state @ @ @ @ @ @ @ to respond to workers ’ complaints , closes cases without making on-site visits , and rarely imposes significant sanctions against employer violations , according to the complaint .
The groups that filed the so-called CASPA – short for complaint about state program administration – are urging federal OSHA to launch an investigation into Iowa ’ s agency and order that the state correct any failures to enforce federal regulations .
“ Iowa OSHA has a legal responsibility to assure safe and healthful working conditions for workers in Iowa .
However , Iowa OSHA @ @ @ @ @ @ @ complaint filed by the American Civil Liberties Union of Iowa says .
“ The Iowa OSHA program is required to be at least as effective as federal OSHA .
But Iowa OSHA falls far short of the protections offered by federal OSHA.
” In a statement Friday , Iowa OSHA said it will “ fully cooperate with federal investigative authorities ” and respond to any findings or recommendations .
“ We would welcome the federal OSHA investigation , which will address the complaint items , ” the state agency said .
While the @ @ @ @ @ @ @ been lax in enforcing worker health and safety protections in a variety of Iowa industries , its shortcomings have been brought into sharp relief this year during the Covid-19 outbreak .
And the problem is particularly serious in meatpacking plants in Iowa .
“ Covid-19 has spread throughout Iowa meat and poultry processing plant workers at an alarming rate .
The Midwest Center for Investigative Reporting and other news sources have reported that 3,840 meatpacking workers in Iowa have tested positive for Covid-19 ; many were hospitalized and some have died , ” @ @ @ @ @ @ @ eight organizations say Iowa OSHA has not responded to workers ’ complaints .
“ As of October 4 , workers had filed 148 Covid-19 related complaints with Iowa OSHA that detailed dangerous working conditions ; 36 of those were formal complaints , ” the ACLU of Iowa said in a news release Friday .
“ Only five of those complaints ( three formal and two informal ) resulted in an inspection .
All the others were closed with no inspection at all.
” ( Parentheses in original . )
It continued , “ @ @ @ @ @ @ @ inspections of meatpacking plants , but those came only after a state lawmaker or media reports sounded the alarm publicly about large-scale Covid-19 outbreaks .
Those seven on-site inspections also happened after Iowa OSHA had failed to respond to earlier complaints .
If Iowa OSHA would have responded to the Covid-19 complaints earlier with on-site inspections , those outbreaks might well have been reduced.
” The complaint quotes from a Des Moines Register story in April in which Black Hawk County Sheriff Tony Thompson was alarmed after visiting a Tyson Foods plant in @ @ @ @ @ @ @ plant and some people are wearing homemade masks , some people are wearing bandannas , and some people aren ’ t wearing anything , ” Thompson said .
“ They ’ re working elbow-to-elbow .
Some are reaching over the top of others on the food production lines .
They deep clean once a night .
They felt like they were doing a good job , and we walked out of there thinking , ‘ Oh my goodness , if this is the bare minimum , this isn ’ t enough.
’ ” @ @ @ @ @ @ @ the American Friends Service Committee Iowa whose parents immigrated to Iowa to work in meatpacking plant , said at an ACLU press conference Friday that 10 members of his family have tested positive for Covid-19 .
He said meatpacking plant workers need someone to be a voice for their concerns .
“ Iowa OSHA should be one of those ” voices , he said , “ but it seems Iowa has refused to play that role.
” The federal OSHA complaint was filed by the ACLU of Iowa ; American Friends Service Committee @ @ @ @ @ @ @ AFL-CIO ; Iowa Citizens for Community Improvement ; Iowa Justice for Our Neighbors ; the Iowa League of United Latin American Citizens ; the Iowa State Building and Construction Trades Counci ; and the Indiana , Illinois , and Iowa Foundation for Fair Contracting .

Iowa has for years failed to adequately enforce federal workplace health and safety regulations, which has taken on critical importance during the current Covid-19 outbreak, according to a complaint filed by labor, civil rights and faith-based groups.
DES MOINES, Iowa (CN) — Iowa has for years failed to adequately enforce federal workplace health and safety regulations, which has taken on critical importance during the current Covid-19 outbreak, according to a complaint filed by labor, civil rights and faith-based groups.
Iowa is one of a number of states that enforce federal Occupational Health and Safety Administration regulations through a state agency. But the administrative complaint filed Friday with the regional federal OSHA office in Kansas City, Missouri, says the state has failed in that job.
The state OSHA agency is understaffed, often fails to respond to workers’ complaints, closes cases without making on-site visits, and rarely imposes significant sanctions against employer violations, according to the complaint.
The groups that filed the so-called CASPA – short for complaint about state program administration - are urging federal OSHA to launch an investigation into Iowa’s agency and order that the state correct any failures to enforce federal regulations.
“Iowa OSHA has a legal responsibility to assure safe and healthful working conditions for workers in Iowa. However, Iowa OSHA has abdicated this responsibility,” the complaint filed by the American Civil Liberties Union of Iowa says. “The Iowa OSHA program is required to be at least as effective as federal OSHA. But Iowa OSHA falls far short of the protections offered by federal OSHA.”
In a statement Friday, Iowa OSHA said it will “fully cooperate with federal investigative authorities” and respond to any findings or recommendations.
“We would welcome the federal OSHA investigation, which will address the complaint items,” the state agency said.
While the complaint says the Iowa agency has long been lax in enforcing worker health and safety protections in a variety of Iowa industries, its shortcomings have been brought into sharp relief this year during the Covid-19 outbreak. And the problem is particularly serious in meatpacking plants in Iowa.
“Covid-19 has spread throughout Iowa meat and poultry processing plant workers at an alarming rate. The Midwest Center for Investigative Reporting and other news sources have reported that 3,840 meatpacking workers in Iowa have tested positive for Covid-19; many were hospitalized and some have died,” the complaint states.
Yet, the eight organizations say Iowa OSHA has not responded to workers’ complaints.
“As of October 4, workers had filed 148 Covid-19 related complaints with Iowa OSHA that detailed dangerous working conditions; 36 of those were formal complaints,” the ACLU of Iowa said in a news release Friday. “Only five of those complaints (three formal and two informal) resulted in an inspection. All the others were closed with no inspection at all.” (Parentheses in original.)
It continued, “Iowa OSHA did conduct seven other on-site inspections of meatpacking plants, but those came only after a state lawmaker or media reports sounded the alarm publicly about large-scale Covid-19 outbreaks. Those seven on-site inspections also happened after Iowa OSHA had failed to respond to earlier complaints. If Iowa OSHA would have responded to the Covid-19 complaints earlier with on-site inspections, those outbreaks might well have been reduced.”
The complaint quotes from a Des Moines Register story in April in which Black Hawk County Sheriff Tony Thompson was alarmed after visiting a Tyson Foods plant in Waterloo.
“We walked into that plant and some people are wearing homemade masks, some people are wearing bandannas, and some people aren’t wearing anything,” Thompson said. “They’re working elbow-to-elbow. Some are reaching over the top of others on the food production lines. They deep clean once a night. They felt like they were doing a good job, and we walked out of there thinking, ‘Oh my goodness, if this is the bare minimum, this isn’t enough.’”
Alejandro Murguia-Ortiz, a community organizer for the American Friends Service Committee Iowa whose parents immigrated to Iowa to work in meatpacking plant, said at an ACLU press conference Friday that 10 members of his family have tested positive for Covid-19. He said meatpacking plant workers need someone to be a voice for their concerns.
“Iowa OSHA should be one of those” voices, he said, “but it seems Iowa has refused to play that role.”
The federal OSHA complaint was filed by the ACLU of Iowa; American Friends Service Committee Iowa; Forward Latino; the Iowa AFL-CIO; Iowa Citizens for Community Improvement; Iowa Justice for Our Neighbors; the Iowa League of United Latin American Citizens; the Iowa State Building and Construction Trades Counci; and the Indiana, Illinois, and Iowa Foundation for Fair Contracting.


Cuban Doctors

WASHINGTON — A federal court in Washington , D.C. , ruled that it has jurisdiction over the Pan American Health @ @ @ @ @ the claims brought against it by four Cuban physicians now living in the U.S. who @ @ @ @ @ from their forced labor in Brazil .

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.


Biometric Data

EAST ST. LOUIS , Ill. — A federal court in Illinois ruled that a class of consumers can pursue its @ @ @ @ @ state ’ s Biometric Information Privacy Act by collecting scans of facial geometry and other @ @ @ @ @


Abuse at Camp

SAN ANTONIO — A federal court in Texas recommended that a former summer camper who is no longer a minor @ @ @ @ @ claims against a camp counselor who is currently serving a 40-year sentence after pleading guilty @ @ @ @ @ boys at Camp Stewart in 2009 .


Ballot Counting

PHILADELPHIA — The Third Circuit upheld a ruling against Republican congressional candidate Jim Bognet and four citizens in their suit @ @ @ @ @ counting mail-in ballots in Pennsylvania .


Pandemic Music

BUFFALO , N.Y. — A federal court in New York granted a musician a preliminary injunction against a Covid-19-related rule @ @ @ @ @ ” at dining establishments but does not allow advertised or ticketed live music .


courthousenews--2020-11-14--Republican Kim Young Flips California’s 39th Congressional District

( CN ) — Republican Young Kim defeated Democratic U.S. Representative Gil Cisneros after a nail-biting race in one of Southern California ’ s swing districts .
Kim ’ s victory secures the second seat the GOP managed to wrest away from Democratic control in the Golden State this election cycle .
The businesswoman with past experience as a lawmaker , clinched the win Friday in California ’ s 39th Congressional District .
The race had been too close to call since election night last Tuesday .
Kim earned 50.6 % of the vote over Cisneros ’ s 49.4 % @ @ @ @ @ @ @ separating the two candidates .
Friday ’ s call for Kim comes just two years after Kim and Cisneros squared off in 2018 for the same seat .
While the 2018 race was initially called for Kim — who even made the journey to D.C. to prepare for her new congressional role — a subsequent count of additional ballots ultimately gave the win to Cisneros .
Cisneros ’ s 2018 victory not only assisted Democrats in their successful effort to take control of the U.S. House of Representatives but also flipped a district @ @ @ @ @ @ @ and serves as a more friendly battleground for the GOP in an otherwise largely blue state .
Democrats first eyed the district as a potential flip when former Secretary of State Hillary Clinton won Orange County , which is situated in California ’ s 39th , in 2016 .
She was the first Democratic to do so in a presidential election since Franklin Delano Roosevelt claimed the county in 1936 during the Great Depression .
Democrats continued that winning streak on the presidential level in 2020 with President- Elect Joe Biden carrying Orange @ @ @ @ @ @ @ s victory in her rematch with Cisneros puts the purple district back under congressional Republican control once more .
Cisneros , a Navy veteran and first-time candidate in 2018 after a $ 266 million lottery win launched him into philanthropy and politics , congratulated Kim Friday evening shortly after the race was called .
“ The voters have spoken , and I want to congratulate @ YoungKimCA on her victory and wish her nothing but success for the 39th District , ” Cisneros tweeted .
Kim ’ s win is the second successful @ @ @ @ @ @ @ year .
Michelle Steel , also Republican , won California ’ s 48th Congressional District on Tuesday by defeating Democratic Representative Harley Rouda .
Kim posted a short video message on Twitter after her win in which she thanked her supporters and said she looked forward to serving with her soon-to-be Republican and Democratic colleagues in January .

Republican Young Kim defeated Democratic U.S. Representative Gil Cisneros after a nail-biting race in one of Southern California’s swing districts.
(CN) — Republican Young Kim defeated Democratic U.S. Representative Gil Cisneros after a nail-biting race in one of Southern California’s swing districts.
Kim’s victory secures the second seat the GOP managed to wrest away from Democratic control in the Golden State this election cycle.
The businesswoman with past experience as a lawmaker, clinched the win Friday in California’s 39th Congressional District. The race had been too close to call since election night last Tuesday. Kim earned 50.6% of the vote over Cisneros’s 49.4% with just a little over 4,000 votes separating the two candidates.
Friday’s call for Kim comes just two years after Kim and Cisneros squared off in 2018 for the same seat. While the 2018 race was initially called for Kim — who even made the journey to D.C. to prepare for her new congressional role — a subsequent count of additional ballots ultimately gave the win to Cisneros.
Cisneros’s 2018 victory not only assisted Democrats in their successful effort to take control of the U.S. House of Representatives but also flipped a district that had previously been held by Republicans and serves as a more friendly battleground for the GOP in an otherwise largely blue state.
Democrats first eyed the district as a potential flip when former Secretary of State Hillary Clinton won Orange County, which is situated in California’s 39th, in 2016. She was the first Democratic to do so in a presidential election since Franklin Delano Roosevelt claimed the county in 1936 during the Great Depression.
Democrats continued that winning streak on the presidential level in 2020 with President- Elect Joe Biden carrying Orange County this cycle, but Kim’s victory in her rematch with Cisneros puts the purple district back under congressional Republican control once more.
Cisneros, a Navy veteran and first-time candidate in 2018 after a $266 million lottery win launched him into philanthropy and politics, congratulated Kim Friday evening shortly after the race was called.
“The voters have spoken, and I want to congratulate @YoungKimCA on her victory and wish her nothing but success for the 39th District,” Cisneros tweeted.
Kim’s win is the second successful congressional flip for Republicans in California this year. Michelle Steel, also Republican, won California’s 48th Congressional District on Tuesday by defeating Democratic Representative Harley Rouda.
Kim posted a short video message on Twitter after her win in which she thanked her supporters and said she looked forward to serving with her soon-to-be Republican and Democratic colleagues in January.


courthousenews--2020-11-14--Moon Houses on the Horizon for NASA

Moon Houses on the Horizon for NASA

HOUSTON ( CN ) — Buffeted by solar wind and micrometeors , the moon is no place to roll out a sleeping bag for a night of stargazing .
But exploring how to shelter its next generation of lunar pioneers , NASA is partnering with a design firm to 3D print a structure made of a moon-soil simulant .
As the body of research on climate change grows , the prospect of Mother Earth evicting mankind seems all but inevitable .
A study released this week found that even if human-caused emissions were eliminated this year , average global temperatures @ @ @ @ @ @ @ oceans 8 feet by 2500 .
Against the expanse of the Milky Way , the moon , at 238,900 miles from Earth , is at our doorstep and is the logical first site for extraterrestrial human colonies .
But we can not send conventional building materials to it .
“ Typical construction materials such as concrete and steel are too heavy and bulky to launch on a rocket to the Moon and especially Mars .
A solution to that problem is using local materials already at the destination , ” said Leejay Lockhart @ @ @ @ @ @ @ s Kennedy Space Center .
This week , NASA announced a collaboration with AI SpaceFactory , a New York construction firm , in which they will develop a material akin to the dust and crushed rock , called lunar regolith , covering the moon ’ s surface and use it to 3D print a structure in a vacuum chamber to simulate conditions on the moon .
NASA is not starting from scratch because its astronauts collected lunar soil samples on Apollo missions in the 1960s and 1970s .
And one can find on @ @ @ @ @ @ @ is on the moon , according to Angel Abbud-Madrid , director of the Center for Space Resources at the Colorado School of Mines “ So Hawaii is a great place to do that , sometimes you can bring it from some of the volcanoes there .
There ’ s places in Utah and Arizona , Greenland , these are places that have gone through very similar geological processes , ” Abbud-Madrid said in a phone interview .
The similarities only go so far , although lunar regolith closely resembles terrestrial sand .
“ @ @ @ @ @ @ @ a sandy beach , is a very rounded particle that has been eroded by water and wind , ” Abbud-Madrid said .
“ But on the Moon since there ’ s no atmosphere , there ’ s no wind , there ’ s no water , the particles are very jagged edged , they are very sharp , they are extremely abrasive .
They tend to cling to one another very quickly .
So the behavior is very different.
” Another challenge will be building the structure in a vacuum chamber , which @ @ @ @ @ @ @ , according to Nathan Gelino , a principal investigator in the Granular Mechanics and Regolith Operations Lab at NASA ’ s Kennedy Space Center .
“ The chamber will have simulant regolith in it that can be set to lunar temperatures .
The primary function of the chamber is to reduce the amount of gas inside to a level that approximates the conditions on the lunar surface , ” Gelino said .
According to NASA , the atmospheric density on the moon ’ s surface is comparable to the density of the thermosphere @ @ @ @ @ @ @ the Earth ’ s atmosphere where the International Space Station orbits .
To simulate conditions on the moon , NASA and AI SpaceFactory must remove nearly all air from the vacuum chamber , which could be problematic for the 3D printer .
“ If you remove air from whatever experiment you are doing all of a sudden there ’ s no humidity , ” said Abbud-Madrid , “ all of a sudden it seems the pressure has gone down significantly , you start evaporating all sorts of things .
Water would evaporate quickly @ @ @ @ @ @ @ will just evaporate … And so the process changes radically.
” Still , AI SpaceFactory has proven it is adept at innovating with 3D printers .
Last year it won $ 500,000 from NASA for winning the agency ’ s 3D Printed Habitat Challenge by building a prototype Martian habitat , a cone-shaped structure it made with a mixture of basalt and a biopolymer developed from corn and sugarcane , which NASA found was 50 % stronger than concrete .
If successful , the new project could give NASA the means for a @ @ @ @ @ @ @ , building flat pads for rocket launches and landings , roads and structures to house equipment and humans as part of the agency ’ s Artemis program , in which it aims to return astronauts to the moon by 2024 and send the first woman to its surface .
But experts say if Artemis is to flourish NASA must figure out how to extract water from ice deposits at the moon ’ s poles , which could be converted into oxygen for breathing , drinking water and hydrogen rocket fuel .
Over the @ @ @ @ @ @ @ deploy several small satellites to circle the moon and identify and map which of its craters contain accessible ice deposits , though some say the exploration needs to be hands-on , with astronauts taking core samples , to figure out how much ice is in it .
There may be structures on the moon by then thanks to the NASA-AI SpaceFactory partnership , but they likely won ’ t be places one can get out of their stuffy spacesuits , kick their feet up and take in views of Earth .
During the @ @ @ @ @ @ @ builders will have to wear space suits just like the Apollo astronauts did .
Converting the structures to livable spaces will require another advance .
“ The habitat will protect you against micrometeorites , radiation and the like , that will be the main construction , ” he said .
“ Then inside you need to put some sort of inflatable fabric , so that then you can go inside , lock it , and pump it with oxygen and nitrogen , so you can breathe .
Then you can take off your @ @ @

eExploring how to shelter its next generation of lunar pioneers, NASA is partnering with a design firm to 3D print a structure made of a moon-soil simulant.
HOUSTON (CN) — Buffeted by solar wind and micrometeors, the moon is no place to roll out a sleeping bag for a night of stargazing. But exploring how to shelter its next generation of lunar pioneers, NASA is partnering with a design firm to 3D print a structure made of a moon-soil simulant.
As the body of research on climate change grows, the prospect of Mother Earth evicting mankind seems all but inevitable.
A study released this week found that even if human-caused emissions were eliminated this year, average global temperatures would still rise 5.4 degrees Fahrenheit and oceans 8 feet by 2500.
Against the expanse of the Milky Way, the moon, at 238,900 miles from Earth, is at our doorstep and is the logical first site for extraterrestrial human colonies.
But we cannot send conventional building materials to it.
“Typical construction materials such as concrete and steel are too heavy and bulky to launch on a rocket to the Moon and especially Mars. A solution to that problem is using local materials already at the destination,” said Leejay Lockhart, public affairs officer at NASA’s Kennedy Space Center.
This week, NASA announced a collaboration with AI SpaceFactory, a New York construction firm, in which they will develop a material akin to the dust and crushed rock, called lunar regolith, covering the moon’s surface and use it to 3D print a structure in a vacuum chamber to simulate conditions on the moon.
NASA is not starting from scratch because its astronauts collected lunar soil samples on Apollo missions in the 1960s and 1970s. And one can find on Earth similar volcanic soil as to what is on the moon, according to Angel Abbud-Madrid, director of the Center for Space Resources at the Colorado School of Mines.
“So Hawaii is a great place to do that, sometimes you can bring it from some of the volcanoes there. There’s places in Utah and Arizona, Greenland, these are places that have gone through very similar geological processes,” Abbud-Madrid said in a phone interview.
The similarities only go so far, although lunar regolith closely resembles terrestrial sand.
“Soil on Earth, you know like a sandy beach, is a very rounded particle that has been eroded by water and wind,” Abbud-Madrid said. “But on the Moon since there’s no atmosphere, there’s no wind, there’s no water, the particles are very jagged edged, they are very sharp, they are extremely abrasive. They tend to cling to one another very quickly. So the behavior is very different.”
Another challenge will be building the structure in a vacuum chamber, which is 5-by-4 feet wide and 5-feet tall, according to Nathan Gelino, a principal investigator in the Granular Mechanics and Regolith Operations Lab at NASA's Kennedy Space Center.
“The chamber will have simulant regolith in it that can be set to lunar temperatures. The primary function of the chamber is to reduce the amount of gas inside to a level that approximates the conditions on the lunar surface,” Gelino said.
According to NASA, the atmospheric density on the moon’s surface is comparable to the density of the thermosphere — one of the outer fringes of the Earth’s atmosphere where the International Space Station orbits.
To simulate conditions on the moon, NASA and AI SpaceFactory must remove nearly all air from the vacuum chamber, which could be problematic for the 3D printer.
“If you remove air from whatever experiment you are doing all of a sudden there’s no humidity,” said Abbud-Madrid, “all of a sudden it seems the pressure has gone down significantly, you start evaporating all sorts of things. Water would evaporate quickly, lubricants will go away, anything will just evaporate … And so the process changes radically.”
Still, AI SpaceFactory has proven it is adept at innovating with 3D printers.
AI SpaceFactory's RedEgg prototype for a NASA contest to build housing for Mars. It was built by a 3D printer. (photo from AI SpaceFactory's website)
Last year it won $500,000 from NASA for winning the agency’s 3D Printed Habitat Challenge by building a prototype Martian habitat, a cone-shaped structure it made with a mixture of basalt and a biopolymer developed from corn and sugarcane, which NASA found was 50% stronger than concrete.
If successful, the new project could give NASA the means for a variety of construction projects on the moon, building flat pads for rocket launches and landings, roads and structures to house equipment and humans as part of the agency’s Artemis program, in which it aims to return astronauts to the moon by 2024 and send the first woman to its surface.
But experts say if Artemis is to flourish NASA must figure out how to extract water from ice deposits at the moon’s poles, which could be converted into oxygen for breathing, drinking water and hydrogen rocket fuel.
Over the next three years, NASA plans to deploy several small satellites to circle the moon and identify and map which of its craters contain accessible ice deposits, though some say the exploration needs to be hands-on, with astronauts taking core samples, to figure out how much ice is in it.
There may be structures on the moon by then thanks to the NASA-AI SpaceFactory partnership, but they likely won’t be places one can get out of their stuffy spacesuits, kick their feet up and take in views of Earth.
During the construction phase, Abbud-Madrid said, the builders will have to wear space suits just like the Apollo astronauts did. Converting the structures to livable spaces will require another advance.
“The habitat will protect you against micrometeorites, radiation and the like, that will be the main construction,” he said. “Then inside you need to put some sort of inflatable fabric, so that then you can go inside, lock it, and pump it with oxygen and nitrogen, so you can breathe. Then you can take off your suit.”


UC Sex Abuse

LOS ANGELES — The University of California has agreed to pay $ 73 million to settle a class action lawsuit @ @ @ @ @ accused a former UCLA gynecologist of sexual abuse .


courthousenews--2020-11-17--California Lawmakers Slam Agency Over Snail’s Pace of Battery Plant Cleanup

California lawmakers excoriated the state agency tasked with cleaning up the neighborhoods surrounding a shuttered battery recycling plant , blasting cost overruns and the excruciatingly slow pace of operations .
LOS ANGELES ( CN ) — For years , the Exide battery recycling plant in Los Angeles County spewed lead dust on the predominantly Latino neighborhoods surrounding it .
Residents have complained of respiratory illness , pregnancy complications , rampant cancer diagnoses and an untold number of people who have died .
Exide Technologies abandoned the plant last month and now the question is who is going to clean up @ @ @ @ @ @ @ Monday , California legislators reviewed how ongoing cleanup operations have gone over budget and over deadline .
The progress has been anything but smooth .
Cleanup of the communities surrounding the now-abandoned plant has fallen at the feet of California taxpayers after Exide Technologies was allowed to move ahead with bankruptcy plans that include shedding its U.S. properties .
The predominantly Latino residents who are in harm ’ s way have looked to the state agency to make right what Exide left behind .
The California agency responsible for that cleanup has been @ @ @ @ @ @ @ and overlooked contaminated properties like parks and child care centers in the area .
A state auditor ’ s report released in October said it will likely cost California an additional $ 390 million to clean up the sites in addition to the $ 260 million already spent on the smelting plant , which Exide took over in 2000 .
Over 7,800 properties in LA County were identified by the Department of Toxic Substances Control ( DTSC ) as being contaminated in 2014 .
The state auditor found the agency will likely miss @ @ @ @ @ @ @ 3,200 sites that were flagged as highly contaminated .
During the virtual hearing of the Assembly ’ s Environmental Safety and Toxic Materials Committee hearing , elected officials asked how this project could have stalled so many times after being flagged as being such a high priority .
DTSC director Meredith Williams said the agency is on pace to meet 90 % of its cleanup deadline , but she named several roadblocks that are gumming up the process .
For example , day care facilities that have not been cleaned up either refused @ @ @ @ @ @ @ no longer in business , Williams testified .
“ Covid has made residents reluctant to participate in the cleanup process , ” said Williams , adding the agency increased outreach efforts to continue the cleanup , but how far that goes will depend on the agency ’ s budget .
Other reasons for the slow progress are heat , smoke from nearby wildfires and parking in residential neighborhoods that keep crews from doing their work .
“ Sometimes we have to resort to hand-excavation , ” Williams testified , as large machinery can @ @ @ @ @ @ @ .
“ The logistics are very complex .
There are even neighborhoods where we can ’ t add additional crews because the impact to parking in the neighborhood would be just completely unmanageable.
” Management of the project has been poor all around , according to the state auditor ’ s report .
The report said the agency did a poor job on cost estimation and securing contracts with work crews .
Williams said the agency will not be hiring an additional contractor for the cleanup job , meaning the project is expected @ @ @ @ @ @ @ As part of its bankruptcy proceeding , Exide left the state $ 2.5 million for cleanup costs .
But that ’ s far short of what ’ s needed , Williams said .
The agency has $ 26 million , but it will likely cost $ 100 million to continue the cleanup efforts .
State Senator Maria Elena Durazo , who represents part of the contaminated area , asked why it took a state audit to point out that the agency was down to one contractor for the cleanup operation instead of several @ @ @ @ @ @ @ have been going on for decades .
I know today we ’ re trying to slice out a piece on how they handled the Exide cleanup and all the issues there .
But this is their expertise .
They should have been handling this for decades , ” said Durazo .
“ It ’ s mind-boggling .
There are 100,000 people in this community of color that have been devasted with health issues with their children.
” Assemblyman Miguel Santiago , who also represents parts of LA County that are contaminated , said @ @ @ @ @ @ @ screaming at the top of their lungs ” when 31 properties were overlooked for cleanup .
If there were legal obstacles in place keeping the agency from meeting its deadline then they should have come to lawmakers for some type of solution , he said .
“ But to have it found out through an audit — we ’ re in a professional setting so I won ’ t say what I want to say — but it ’ s disheartening that it took an audit to find out that there were 31 @ @ @ @ @ @ @ .
He added : “ People ’ s lives are at stake .
People may have died , have died and could die .
”

California lawmakers excoriated the state agency tasked with cleaning up the neighborhoods surrounding a shuttered battery recycling plant, blasting cost overruns and the excruciatingly slow pace of operations.
LOS ANGELES (CN) — For years, the Exide battery recycling plant in Los Angeles County spewed lead dust on the predominantly Latino neighborhoods surrounding it.
Residents have complained of respiratory illness, pregnancy complications, rampant cancer diagnoses and an untold number of people who have died. Exide Technologies abandoned the plant last month and now the question is who is going to clean up their mess.
During a virtual hearing Monday, California legislators reviewed how ongoing cleanup operations have gone over budget and over deadline. The progress has been anything but smooth.
Cleanup of the communities surrounding the now-abandoned plant has fallen at the feet of California taxpayers after Exide Technologies was allowed to move ahead with bankruptcy plans that include shedding its U.S. properties.
The predominantly Latino residents who are in harm’s way have looked to the state agency to make right what Exide left behind.
The California agency responsible for that cleanup has been slow to act, gone over budget and overlooked contaminated properties like parks and child care centers in the area. A state auditor’s report released in October said it will likely cost California an additional $390 million to clean up the sites in addition to the $260 million already spent on the smelting plant, which Exide took over in 2000.
Over 7,800 properties in LA County were identified by the Department of Toxic Substances Control (DTSC) as being contaminated in 2014.
The state auditor found the agency will likely miss its June 2021 target deadline to clean 3,200 sites that were flagged as highly contaminated.
During the virtual hearing of the Assembly’s Environmental Safety and Toxic Materials Committee hearing, elected officials asked how this project could have stalled so many times after being flagged as being such a high priority.
DTSC director Meredith Williams said the agency is on pace to meet 90% of its cleanup deadline, but she named several roadblocks that are gumming up the process.
For example, day care facilities that have not been cleaned up either refused to comply with the agency or are no longer in business, Williams testified.
“Covid has made residents reluctant to participate in the cleanup process,” said Williams, adding the agency increased outreach efforts to continue the cleanup, but how far that goes will depend on the agency’s budget.
Other reasons for the slow progress are heat, smoke from nearby wildfires and parking in residential neighborhoods that keep crews from doing their work.
“Sometimes we have to resort to hand-excavation,” Williams testified, as large machinery cannot make it through the residential neighborhoods. “The logistics are very complex. There are even neighborhoods where we can’t add additional crews because the impact to parking in the neighborhood would be just completely unmanageable.”
Management of the project has been poor all around, according to the state auditor’s report.
The report said the agency did a poor job on cost estimation and securing contracts with work crews. Williams said the agency will not be hiring an additional contractor for the cleanup job, meaning the project is expected to move at its same rate.
As part of its bankruptcy proceeding, Exide left the state $2.5 million for cleanup costs. But that’s far short of what’s needed, Williams said. The agency has $26 million, but it will likely cost $100 million to continue the cleanup efforts.
State Senator Maria Elena Durazo, who represents part of the contaminated area, asked why it took a state audit to point out that the agency was down to one contractor for the cleanup operation instead of several.
“These issues with this department have been going on for decades. I know today we’re trying to slice out a piece on how they handled the Exide cleanup and all the issues there. But this is their expertise. They should have been handling this for decades,” said Durazo. “It’s mind-boggling. There are 100,000 people in this community of color that have been devasted with health issues with their children.”
Assemblyman Miguel Santiago, who also represents parts of LA County that are contaminated, said somebody at DTSC “should have been screaming at the top of their lungs” when 31 properties were overlooked for cleanup.
If there were legal obstacles in place keeping the agency from meeting its deadline then they should have come to lawmakers for some type of solution, he said.
“But to have it found out through an audit — we’re in a professional setting so I won’t say what I want to say — but it’s disheartening that it took an audit to find out that there were 31 properties not cleaned,” said Santiago.
He added: “People’s lives are at stake. People may have died, have died and could die.”


Top Eight

Your Monday night briefing from the staff of Courthouse News Top eight CNS stories for today including biotechnology giant Moderna announced its coronavirus vaccine is 94.5 % effective ; California Governor Gavin Newsom halted counties ’ reopening efforts effective immediately amid a surge in virus cases ; The World Health Organization is fighting a cluster of infections inside its Geneva headquarters , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through Friday .
1 . )
Touted enthusiastically by the nation ’ @ @ @ @ @ @ @ Fauci , the biotechnology giant Moderna announced on Monday that its vaccine for the novel coronavirus is 94.5 % effective .
2 . )
President-elect Joe Biden said President Donald Trump ’ s refusal to accept the outcome of the national election is endangering a smooth transition necessary to ensure an effective rollout of coronavirus vaccines that many experts believe will end the pandemic .
3 . )
As it makes its reluctant exit from the White House , the Trump administration will issue a call to enterprising oil and gas developers eyeballing @ @ @ @ @ @ @ secure drilling rights in the pristine Arctic National Wildlife Refuge .
4 . )
Drawing alarm at the D.C .
Circuit , a lawyer for the United States argued Monday that the government has the power to kill its citizens without judicial oversight when state secrets are involved .
5 . )
With coronavirus cases up over 50 % in the last 10 days , California Governor Gavin Newsom halted counties ’ reopening efforts effective immediately and said the state is prepping emergency hospitals to deal with the surge .
6 . )
@ @ @ @ @ @ @ over whether the governor can declare successive emergency orders responding to the coronavirus without legislative approval .
7 . )
Fighting a cluster of infections inside its Geneva headquarters , the World Health Organization on Monday welcomed announcements from vaccine makers saying their products appear to be highly efficient and safe but also warned against complacency .
8 . )
Belarus saw a new round of violence on Sunday after security forces broke up peaceful protests in the capital Minsk honoring a 31-year-old man reportedly beaten to death by police earlier in the @ @

Top eight CNS stories for today including biotechnology giant Moderna announced its coronavirus vaccine is 94.5% effective; California Governor Gavin Newsom halted counties’ reopening efforts effective immediately amid a surge in virus cases; The World Health Organization is fighting a cluster of infections inside its Geneva headquarters, and more.
Your Monday night briefing from the staff of Courthouse News
Top eight CNS stories for today including biotechnology giant Moderna announced its coronavirus vaccine is 94.5% effective; California Governor Gavin Newsom halted counties’ reopening efforts effective immediately amid a surge in virus cases; The World Health Organization is fighting a cluster of infections inside its Geneva headquarters, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) Touted enthusiastically by the nation’s chief infectious disease specialist Dr. Anthony Fauci, the biotechnology giant Moderna announced on Monday that its vaccine for the novel coronavirus is 94.5% effective.
Registered Nurse Kath Olmstead prepares a blinded study experimental vaccine for COVID-19 developed by the National Institutes of Health and Moderna Inc. at the United Health Services facility, Monday, July 27, 2020, in Binghamton, N.Y. (AP Photo/Hans Pennink
2.) President-elect Joe Biden said President Donald Trump’s refusal to accept the outcome of the national election is endangering a smooth transition necessary to ensure an effective rollout of coronavirus vaccines that many experts believe will end the pandemic.
President-elect Joe Biden, accompanied by Vice President-elect Kamala Harris, arrives to speak about economic recovery at The Queen theater, Monday, Nov. 16, 2020, in Wilmington, Del. (AP Photo/Andrew Harnik)
3.) As it makes its reluctant exit from the White House, the Trump administration will issue a call to enterprising oil and gas developers eyeballing Alaska: the time is now to secure drilling rights in the pristine Arctic National Wildlife Refuge.
The Porcupine caribou herd crosses a river on the coastal plain of Alaska's Arctic National Wildlife Refuge. (Photo by Peter Mather)
4.) Drawing alarm at the D.C. Circuit, a lawyer for the United States argued Monday that the government has the power to kill its citizens without judicial oversight when state secrets are involved.
Bilal Abdul Kareem, a U.S. citizen, says the U.S. government mistakenly made him a target of its killer-drone program. So far U.S. courts have been hesitant to get involved. (Photo via Reprieve)
Regional
5.) With coronavirus cases up over 50% in the last 10 days, California Governor Gavin Newsom halted counties’ reopening efforts effective immediately and said the state is prepping emergency hospitals to deal with the surge.
California Covid map as of Nov. 16, 2020.
6.) The Wisconsin Supreme Court heard arguments Monday over whether the governor can declare successive emergency orders responding to the coronavirus without legislative approval.
FILE - In this Tuesday, Nov. 3, 2020, file photo, voters wait in line outside a polling center on Election Day, in Kenosha, Wis. Posts shared thousands of times on Facebook, Twitter and Instagram are falsely claiming that an impossible number of people cast ballots in Wisconsin. Meagan Wolfe, the state’s top elections official, addressed the social media rumors Thursday, Nov. 5, saying: “Wisconsin does not have more votes than registered voters.” (AP Photo/Wong Maye-E, File)
International
7.) Fighting a cluster of infections inside its Geneva headquarters, the World Health Organization on Monday welcomed announcements from vaccine makers saying their products appear to be highly efficient and safe but also warned against complacency.
The logo of the World Health Organization is seen at the WHO headquarters in Geneva, Switzerland. (AP Photo/Anja Niedringhaus, File)
8.) Belarus saw a new round of violence on Sunday after security forces broke up peaceful protests in the capital Minsk honoring a 31-year-old man reportedly beaten to death by police earlier in the week.


courthousenews--2020-11-16--Judge Urges California Lawmakers to End ‘War’ Between Landlords, Tenants

( CN ) — The extreme economic pressures wrought by the coronavirus pandemic have turned hundreds of thousands of tenants against tens of thousands of landlords in what one federal judge has called “ but for the shooting , a war in every real sense.
” But the courtroom should not be the battlefield , he said .
U.S. District Judge Dean Pregerson upheld an eviction moratorium in Los Angeles as “ eminently reasonable under the extraordinary circumstances , ” and exhorted lawmakers to devise a solution that helps both property owners and renters .
“ Landlords and tenants alike @ @ @ @ @ @ @ literally and economically .
Tenants should not have to live in fear of eviction because of a calamity that was not of their making .
Landlords should not have to live in fear of losing their hard-earned investments in our community because of a calamity that was not of their making .
Our citizens should not have to fight each other to avoid economic and personal ruin , ” Pregerson wrote in a ruling issued Friday .
Los Angeles temporarily halted evictions for unpaid rent , unauthorized occupants , and other “ nuisances @ @ @ @ @ @ @ adopted unanimously by the City Council on May 6 .
The prohibition on evictions extends for 12 months past the expiration of a citywide “ state of emergency , ” giving tenants one year to pay back rent .
Landlords would be able file eviction actions against tenants with unpaid rent after that 12-month grace period ends , but they can not charge late fees or interest .
In June , The Apartment Association of Greater Los Angeles , which represents landlords and managers of some 55,000 properties in the city , filed @ @ @ @ @ @ @ an unconstitutional impairment of landlords ’ contract and property rights .
But Pregerson said despite its interference with landlords ’ reasonable contractual expectations , the moratorium is nonetheless necessary enough to survive a motion to set it aside .
“ The economic damage the pandemic has wrought , if left unmediated by measures such as the city moratorium , would likely trigger a tidal wave of evictions that would not only inflict misery upon many thousands of displaced residents , but also exacerbate a public health emergency that has already radically altered the @ @ @ @ @ @ @ and even now threatens to overwhelm community resources , ” Pregerson wrote .
“ The hardships wrought upon residential landlords as an unintended consequence of the city ’ s efforts are real , and are significant , but must yield precedence to the vital interests of the public as a whole.
” “ This was a vital victory , because our eviction moratorium is preventing thousands of tenants from losing their homes in the midst of the pandemic , ” Feuer said .
“ Looking ahead , I renew my call for our @ @ @ @ @ @ @ Covid-affected tenants , so they can pay their landlords and remain housed while our nation ’ s jobs market recovers.
” Pregerson noted the rent crisis has been insufficiently addressed by local ordinances and lawsuits .
“ Courts are an imperfect tool to resolve such conflicts , ” he wrote .
“ So too are ordinances and statutes that shift economic burdens from one group to another .
The court respectfully implores our lawmakers to treat this calamity with the attention it deserves.
” The apartment association ’ s executive director Daniel Yukelson @ @ @ @ @ @ @ the head.
” “ Landlords are suffering greatly today because of the eviction moratoriums and unfortunately there is not a more equitable solution to this crisis , ” he said Monday .
“ The solution needs to really come from the government and not private citizens who are being forced to provide free housing and give out private welfare.
” While the city has set up a program to provide low-income households with $ 100 million in emergency rental assistance by the end of the year , Pregerson acknowledged that the funds probably @ @ @ @ @ @ @ the shortfall .
Yukelson agreed .
“ We are seeing some cases of funds being made available for tenant assistance and we think that ’ s the right answer , but there ’ s not enough funding to help everyone , ” he said .
This past August , the Legislature passed Assembly Bill 3088 , a statewide eviction moratorium that allows local ordinances enacted prior to August to remain in place .
Under the statewide Tenant , Homeowner , and Small Landlord Relief and Stabilization Act , landlords will be able to @ @ @ @ @ @ @ rental debt starting March 1 , 2021 .
It also essentially forgives rent missed from Sept. 1 , 2020 , through Jan. 31 , 2021 , so long as tenants pay 25 % of their rent from Sept. 1 onward .
Yukelson said it will be extraordinarily difficult for landlords to collect unpaid rent in small claims court .
“ Once you get a judgment , executing it and attaching to a bank account that has limited funds in is nearly impossible , ” he said .
“ So once again landlords are @ @ @ @ @ @ @ enacted in AB 3088 will terminate in January .
Yukelson said lawmakers should work with landlords to draft a more equitable solution that considers mortgage and property tax obligations , but he isn ’ t optimistic .
“ I ’ m waiting for the next shoe to drop .
Who knows what this governor and the Legislature will cook up next .
I ’ m skeptical it will be a solution that will help landlords at all , ” he said .
Meanwhile , he said the apartment association will appeal Pregerson ’ @ @ @ @ @ @ @

The extreme economic pressures wrought by the coronavirus pandemic have turned hundreds of thousands of tenants against tens of thousands of landlords in what one federal judge has called “but for the shooting, a war in every real sense.”
(CN) — The extreme economic pressures wrought by the coronavirus pandemic have turned hundreds of thousands of tenants against tens of thousands of landlords in what one federal judge has called “but for the shooting, a war in every real sense.”
But the courtroom should not be the battlefield, he said.
U.S. District Judge Dean Pregerson upheld an eviction moratorium in Los Angeles as “eminently reasonable under the extraordinary circumstances,” and exhorted lawmakers to devise a solution that helps both property owners and renters.
“Landlords and tenants alike are victims of the virus, both literally and economically. Tenants should not have to live in fear of eviction because of a calamity that was not of their making. Landlords should not have to live in fear of losing their hard-earned investments in our community because of a calamity that was not of their making. Our citizens should not have to fight each other to avoid economic and personal ruin,” Pregerson wrote in a ruling issued Friday.
Los Angeles temporarily halted evictions for unpaid rent, unauthorized occupants, and other “nuisances related to Covid-19” via an ordinance adopted unanimously by the City Council on May 6. The prohibition on evictions extends for 12 months past the expiration of a citywide "state of emergency," giving tenants one year to pay back rent. Landlords would be able file eviction actions against tenants with unpaid rent after that 12-month grace period ends, but they cannot charge late fees or interest.
In June, The Apartment Association of Greater Los Angeles, which represents landlords and managers of some 55,000 properties in the city, filed a federal lawsuit challenging the ordinance as an unconstitutional impairment of landlords’ contract and property rights.
But Pregerson said despite its interference with landlords’ reasonable contractual expectations, the moratorium is nonetheless necessary enough to survive a motion to set it aside.
“The economic damage the pandemic has wrought, if left unmediated by measures such as the city moratorium, would likely trigger a tidal wave of evictions that would not only inflict misery upon many thousands of displaced residents, but also exacerbate a public health emergency that has already radically altered the daily life of every city resident, and even now threatens to overwhelm community resources,” Pregerson wrote. “The hardships wrought upon residential landlords as an unintended consequence of the city’s efforts are real, and are significant, but must yield precedence to the vital interests of the public as a whole.”
City Attorney Mike Feuer praised the ruling in a statement.
"This was a vital victory, because our eviction moratorium is preventing thousands of tenants from losing their homes in the midst of the pandemic,” Feuer said. "Looking ahead, I renew my call for our federal government to provide long-awaited aid to Covid-affected tenants, so they can pay their landlords and remain housed while our nation's jobs market recovers."
Pregerson noted the rent crisis has been insufficiently addressed by local ordinances and lawsuits.
“Courts are an imperfect tool to resolve such conflicts,” he wrote. “So too are ordinances and statutes that shift economic burdens from one group to another. The court respectfully implores our lawmakers to treat this calamity with the attention it deserves.”
The apartment association’s executive director Daniel Yukelson said Pregerson “hit the nail on the head.”
“Landlords are suffering greatly today because of the eviction moratoriums and unfortunately there is not a more equitable solution to this crisis,” he said Monday. “The solution needs to really come from the government and not private citizens who are being forced to provide free housing and give out private welfare.”
While the city has set up a program to provide low-income households with $100 million in emergency rental assistance by the end of the year, Pregerson acknowledged that the funds probably won’t be sufficient to offset the shortfall. Yukelson agreed.
“We are seeing some cases of funds being made available for tenant assistance and we think that’s the right answer, but there’s not enough funding to help everyone,” he said.
This past August, the Legislature passed Assembly Bill 3088, a statewide eviction moratorium that allows local ordinances enacted prior to August to remain in place. Under the statewide Tenant, Homeowner, and Small Landlord Relief and Stabilization Act, landlords will be able to sue tenants in small claims court for rental debt starting March 1, 2021. It also essentially forgives rent missed from Sept. 1, 2020, through Jan. 31, 2021, so long as tenants pay 25% of their rent from Sept. 1 onward.
Yukelson said it will be extraordinarily difficult for landlords to collect unpaid rent in small claims court. “Once you get a judgment, executing it and attaching to a bank account that has limited funds in is nearly impossible,” he said. “So once again landlords are left holding the bag.”
Eviction protections enacted in AB 3088 will terminate in January. Yukelson said lawmakers should work with landlords to draft a more equitable solution that considers mortgage and property tax obligations, but he isn’t optimistic.
“I’m waiting for the next shoe to drop. Who knows what this governor and the Legislature will cook up next. I’m skeptical it will be a solution that will help landlords at all,” he said.
Meanwhile, he said the apartment association will appeal Pregerson’s ruling to the Ninth Circuit.


courthousenews--2020-11-16--California Courts Covid Update

California Courts Covid Update

Nov. 9 , 2020 : Presiding judge extends some dependency deadlines under new general order Nov. 12 , 2020 : @ @ @ @ @ as county moves to Purple Tier Nov. 10 , 2020 : Reduction of self-help hours @ @ @ @ @ pandemic Nov. 12 , 2020 : Implementation of emergency relief order regarding extension of time @ @ @ @ @ 13 , 2020 : As of 11/13 , services and operations at state superior courts @ @


courthousenews--2020-11-16--Challenge to Trump’s Lineup of Federal Executions Hits DC Circuit

WASHINGTON ( CN ) — President Donald Trump ’ s Justice Department is continuing down the line of federal death row prisoners it plans to execute , but attorneys put up a new fight against the effort at the D.C .
Circuit on Monday .
The government has executed seven federal inmates this year after ending a 17-year hiatus on the death penalty .
Even with Trump facing the twilight of his presidency , one prisoner is scheduled to die on Nov. 19 and another two next month , including the only woman on federal death row .
The Trump @ @ @ @ @ @ @ double the combined number of federal executions of all prior presidencies , totaling just three executions under federal law from 1988 until this year .
Attorneys for the two men next up to die , Brandon Bernard and Orlando Cordia Hall , argued to a three-judge panel on Monday that the government has violated federal law by failing to acquire a medical prescription for the lethal injection the Bureau of Prisons plans to use .
They warned the drug pentobarbital causes what ’ s called flash pulmonary edema , a condition where fluid @ @ @ @ @ @ @ sensation of drowning and asphyxiation .
Attorney General William Barr last year ordered federal executions be carried out using pentobarbital alone , rather than the three-drug cocktail commonly used by states , a new protocol applied in the seven death penalties carried out so far in 2020 .
A federal judge had originally found credible evidence that the experience of flash pulmonary edema sets in after a prisoner is injected with a lethal dose of pentobarbital , but before losing consciousness , causing extreme pain and terror .
But U.S. District Judge Tanya @ @ @ @ @ @ @ and sided with the Trump administration , after an evidentiary hearing and a ruling from the Supreme Court clearing the way for the executions .
Undeterred , attorneys for the death row prisoners mounted a new challenge in the same lawsuit , alleging the government ’ s failure to obtain prescriptions for lethal injections violates the Federal Food , Drug and Cosmetic Act , or FDCA .
They had previously argued the new pentobarbital execution protocol was illegal under the Eight Amendment ’ s prohibition on cruel and unusual punishments , a much @ @ @ @ @ @ @ would be the tail wagging the dog to allow the FDCA to enter an injunction halting lethal injections where the Eight Amendment couldn ’ t , ” Justice Department attorney Melissa Nicole Patterson said on Monday .
The majority of executions carried out across the country by lethal injection happened without a prescription , the government attorney added , estimating that amounts to more than 1,000 lawful death penalties .
But attorney Alex Drylewski , arguing for the death row prisoners , told the D.C .
Circuit that it ’ s a “ @ @ @ @ @ @ @ triggers pulmonary edema while a prisoner is still conscious .
“ That ’ s your evidence .
They have competing evidence , ” U.S .
Circuit Judge Cornelia Pillard said .
But Drylewski pressed his claim that the onset of the severe medical condition exposes prisoners to “ unnecessary pain and suffering , ” thus meeting the requirement for an injunction under the FDCA .
“ I ’ m just not understanding how the prescription addresses the injury you ’ re talking about , ” Pillard said .
An Obama appointee , the @ @ @ @ @ @ @ ’ favor could at worst result in a doctor from the Bureau of Prisons writing a prescription for pentobarbital , without a prescription for a secondary drug to relieve pain .
The Trump administration has argued in the case that the Constitution does not guarantee a painless death .
But Drylewski insisted that requiring the government to first obtain a prescription for the lethal drug would bring into the mix informed clinical judgment “ based on the most current science ” to guarantee that the drug is used “ as intended to mitigate @ @ @ @ @ @ @ “ Removing those safeguards alone is the irreparable harm here because you ’ re putting these plaintiffs at risk without any of that clinical oversight , ” the attorney said .
But the government sharply criticized the new legal inroad as far off course .
“ Congress has very clearly identified who can enforce the FDCA and it is the federal government , or in very narrow exceptions , the state government , ” Patterson said .
But Pillard , joined by her fellow Obama appointee , U.S .
Circuit Judge Patricia Millett @ @ @ @ @ @ @ .
While the Justice Department argued there was no avenue to challenge the federal executions under the FDCA , Millett asked under what statute a non-death row prisoner could bring a case against the government if it tried to administer a routine medication without a prescription .
The government attorney said she could not provide a statute but that doesn ’ t mean one does not exist .
“ I don ’ t know of every statute in the books , ” Millett said .
“ But I see a lot of them @ @ @ @ @ @ @ of what that other statute would be to make the government comply with the law.
” In response to the hypothetical , the government buckled down on its argument that no new evidence has surfaced since the appeals court issued an Aug. 27 ruling vacating a stay on the executions .
New autopsy records brought forward by attorneys after executions over the summer do not verify that pulmonary edema set in before the death row inmates passed out , the government argued , and were reviewed by Judge Chuktan and found to not @ @ @ @ @ @ @ Furthermore , the government pointed out , as Judge Pillard did , that a prescription alone would not eliminate the prisoners ’ claimed injury without fail .
“ This underscores the degree to which they ’ re trying to use the FDCA to reform execution protocols in a way that is far beyond anything the FDCA contemplates or dictates , ” Patterson said .
The government attorney refused to engage substantively with Pillard on a detailed line of questioning on whether the new protocols could constitute gratuitous pain and whether that violates the @ @ @ @ @ @ @ “ We are so far from any of the allegations in this case.
” Instead , Patterson cautioned the appeals court against “ tinkering with execution protocols ” and advised the judges to review Supreme Court precedent in the case .
“ There has been an earnest desire to move to ever more humane types of executions .
And that is why the Supreme Court has never invalidated a single execution method , ” she said .
U.S. District Judge Neomi Rao , a Trump appointee , joined the two Obama appointees on @ @ @ @ @ @ @ questions .

President Donald Trump’s Justice Department is continuing down the line of federal death row prisoners it plans to execute, but attorneys put up a new fight against the effort at the D.C. Circuit on Monday.
WASHINGTON (CN) — President Donald Trump’s Justice Department is continuing down the line of federal death row prisoners it plans to execute, but attorneys put up a new fight against the effort at the D.C. Circuit on Monday.
The government has executed seven federal inmates this year after ending a 17-year hiatus on the death penalty. Even with Trump facing the twilight of his presidency, one prisoner is scheduled to die on Nov. 19 and another two next month, including the only woman on federal death row.
The Trump administration’s tally is more than double the combined number of federal executions of all prior presidencies, totaling just three executions under federal law from 1988 until this year.
Attorneys for the two men next up to die, Brandon Bernard and Orlando Cordia Hall, argued to a three-judge panel on Monday that the government has violated federal law by failing to acquire a medical prescription for the lethal injection the Bureau of Prisons plans to use.
They warned the drug pentobarbital causes what’s called flash pulmonary edema, a condition where fluid accumulates in the lungs and creates the sensation of drowning and asphyxiation.
Attorney General William Barr last year ordered federal executions be carried out using pentobarbital alone, rather than the three-drug cocktail commonly used by states, a new protocol applied in the seven death penalties carried out so far in 2020.
A federal judge had originally found credible evidence that the experience of flash pulmonary edema sets in after a prisoner is injected with a lethal dose of pentobarbital, but before losing consciousness, causing extreme pain and terror.
But U.S. District Judge Tanya S. Chutkan later reached the opposite conclusion and sided with the Trump administration, after an evidentiary hearing and a ruling from the Supreme Court clearing the way for the executions.
Undeterred, attorneys for the death row prisoners mounted a new challenge in the same lawsuit, alleging the government’s failure to obtain prescriptions for lethal injections violates the Federal Food, Drug and Cosmetic Act, or FDCA.
They had previously argued the new pentobarbital execution protocol was illegal under the Eight Amendment’s prohibition on cruel and unusual punishments, a much higher standard to prove.
“It would be the tail wagging the dog to allow the FDCA to enter an injunction halting lethal injections where the Eight Amendment couldn’t,” Justice Department attorney Melissa Nicole Patterson said on Monday.
The majority of executions carried out across the country by lethal injection happened without a prescription, the government attorney added, estimating that amounts to more than 1,000 lawful death penalties.
But attorney Alex Drylewski, arguing for the death row prisoners, told the D.C. Circuit that it’s a “virtual medical certainty” that the drug triggers pulmonary edema while a prisoner is still conscious.
“That’s your evidence. They have competing evidence,” U.S. Circuit Judge Cornelia Pillard said.
But Drylewski pressed his claim that the onset of the severe medical condition exposes prisoners to “unnecessary pain and suffering,” thus meeting the requirement for an injunction under the FDCA.
“I’m just not understanding how the prescription addresses the injury you’re talking about,” Pillard said.
An Obama appointee, the judge explained a ruling in the prisoners’ favor could at worst result in a doctor from the Bureau of Prisons writing a prescription for pentobarbital, without a prescription for a secondary drug to relieve pain.
The Trump administration has argued in the case that the Constitution does not guarantee a painless death.
But Drylewski insisted that requiring the government to first obtain a prescription for the lethal drug would bring into the mix informed clinical judgment “based on the most current science” to guarantee that the drug is used “as intended to mitigate the risks of an inhumane death.”
“Removing those safeguards alone is the irreparable harm here because you’re putting these plaintiffs at risk without any of that clinical oversight,” the attorney said.
But the government sharply criticized the new legal inroad as far off course.
“Congress has very clearly identified who can enforce the FDCA and it is the federal government, or in very narrow exceptions, the state government,” Patterson said.
But Pillard, joined by her fellow Obama appointee, U.S. Circuit Judge Patricia Millett, sparred at length with the government.
While the Justice Department argued there was no avenue to challenge the federal executions under the FDCA, Millett asked under what statute a non-death row prisoner could bring a case against the government if it tried to administer a routine medication without a prescription.
The government attorney said she could not provide a statute but that doesn't mean one does not exist.
“I don’t know of every statute in the books,” Millett said. “But I see a lot of them, and I can’t conceive of what that other statute would be to make the government comply with the law.”
In response to the hypothetical, the government buckled down on its argument that no new evidence has surfaced since the appeals court issued an Aug. 27 ruling vacating a stay on the executions.
New autopsy records brought forward by attorneys after executions over the summer do not verify that pulmonary edema set in before the death row inmates passed out, the government argued, and were reviewed by Judge Chuktan and found to not meet the burden for injunctive relief.
Furthermore, the government pointed out, as Judge Pillard did, that a prescription alone would not eliminate the prisoners’ claimed injury without fail.
“This underscores the degree to which they’re trying to use the FDCA to reform execution protocols in a way that is far beyond anything the FDCA contemplates or dictates,” Patterson said.
The government attorney refused to engage substantively with Pillard on a detailed line of questioning on whether the new protocols could constitute gratuitous pain and whether that violates the Eight Amendment, telling the judge: “We are so far from any of the allegations in this case.”
Instead, Patterson cautioned the appeals court against “tinkering with execution protocols” and advised the judges to review Supreme Court precedent in the case.
“There has been an earnest desire to move to ever more humane types of executions. And that is why the Supreme Court has never invalidated a single execution method,” she said.
U.S. District Judge Neomi Rao, a Trump appointee, joined the two Obama appointees on Monday’s panel, asking few questions.


courthousenews--2020-11-16--Robbery Charges Against NFL Player Dropped in High-Stakes Gambling Case

( CN ) — Florida prosecutors have dropped armed robbery charges against NFL cornerback DeAndre Baker , saying their case against him was sullied when counsel for three alleged victims tried to secure a payoff for doctored testimony .
The Broward County State Attorney ’ s Office said Monday that the alleged victims , who accused Baker and his associates of robbing them during a high-stakes gambling session , “ have become uncooperative ” and that “ their credibility is inalterably tarnished.
” All four counts of robbery with a firearm have been dropped in Baker ’ s criminal case @ @ @ @ @ @ @ faces no further charges .
Attorney William Dean , meanwhile , was arrested Monday , accused of soliciting payoffs for the three alleged victims to stand down in the criminal case .
Dean is civil counsel for the men – Tommy Hartshaw , Julius Lamar and Steven Compton – in a lawsuit over the alleged robbery .
According to investigators , Dean “ wanted Baker to pay each of his clients more than $ 266,000 , ” and in exchange they “ would either stop cooperating with prosecutors in the criminal case or @ @ @ @ @ @ @ , ” the Broward County Sheriff ’ s Office said Monday .
Dean , a prominent nursing-home negligence lawyer in Miami , has not responded to a request for comment .
Before establishing his firm , he worked as a prosecutor in the Miami-Dade County State Attorney ’ s Office , handling violent felonies and drug-trafficking cases , according to his firm profile .
The attorney is facing a charge of extortion in Broward County court .
Prior to prosecutors ’ decision to drop the robbery case , Baker ’ s defense team @ @ @ @ @ @ @ victim held in contempt for not showing up for a deposition in St. Louis .
Baker ’ s lawyers claimed the no-show , nicknamed “ Pimpin ’ Sam , ” was using a false alias in court proceedings and was part of an “ illegal gaming operation ” that draws young , wealthy athletes into high-stakes dice games , where “ loaded dice ” are used to swindle them out of money .
Baker , selected in the first round of the 2019 NFL draft by the Giants , was released from the @ @ @ @ @ @ @ He is currently listed as a free agent .
According to a New York Daily News report , the alleged robbery victims told police they feared for their lives , believing that if they moved forward with testifying against Baker , they would be harmed or killed .
In the police report , the men stated that Baker brandished a gun at them and pilfered their valuables during a high-stakes gambling session at a home in Miramar , Florida , on May 13 .
Court documents stated that Baker and his associates had @ @ @ @ @ @ @ , proclaiming that there was cheating going on .
The burgeoning NFL star and a masked man proceeded to hold partygoers at gunpoint and relieve them of thousands of dollars in cash and some pricey watches , including a Hublot valued at $ 25,000 , witnesses said .
Baker ’ s crew supposedly made off in a Lamborghini and two other luxury vehicles after collecting the valuables .
According to the police report , one witness said that the day before the incident , Baker had lost $ 70,000 at another high-stakes gambling @ @ @ @ @ @ @ the same men who were at the Miramar house party .
Quinton Dunbar , a cornerback for the Seattle Seahawks , was with Baker during the Miramar incident , court documents state .
Dunbar was never subject to any criminal charges in the case .

Florida prosecutors have dropped armed robbery charges against NFL cornerback DeAndre Baker, saying their case against him was sullied when counsel for three alleged victims tried to secure a payoff for doctored testimony.
(CN) — Florida prosecutors have dropped armed robbery charges against NFL cornerback DeAndre Baker, saying their case against him was sullied when counsel for three alleged victims tried to secure a payoff for doctored testimony.
The Broward County State Attorney's Office said Monday that the alleged victims, who accused Baker and his associates of robbing them during a high-stakes gambling session, "have become uncooperative" and that "their credibility is inalterably tarnished."
All four counts of robbery with a firearm have been dropped in Baker's criminal case. The former New York Giants cornerback faces no further charges.
Attorney William Dean, meanwhile, was arrested Monday, accused of soliciting payoffs for the three alleged victims to stand down in the criminal case. Dean is civil counsel for the men – Tommy Hartshaw, Julius Lamar and Steven Compton – in a lawsuit over the alleged robbery.
According to investigators, Dean "wanted Baker to pay each of his clients more than $266,000," and in exchange they "would either stop cooperating with prosecutors in the criminal case or change their initial sworn statements to police,” the Broward County Sheriff’s Office said Monday.
Dean, a prominent nursing-home negligence lawyer in Miami, has not responded to a request for comment. Before establishing his firm, he worked as a prosecutor in the Miami-Dade County State Attorney's Office, handling violent felonies and drug-trafficking cases, according to his firm profile.
The attorney is facing a charge of extortion in Broward County court.
Prior to prosecutors' decision to drop the robbery case, Baker's defense team had moved to have a fourth alleged victim held in contempt for not showing up for a deposition in St. Louis.
Baker's lawyers claimed the no-show, nicknamed "Pimpin' Sam," was using a false alias in court proceedings and was part of an "illegal gaming operation" that draws young, wealthy athletes into high-stakes dice games, where "loaded dice" are used to swindle them out of money.
Baker, selected in the first round of the 2019 NFL draft by the Giants, was released from the team amid controversy surrounding his arrest. He is currently listed as a free agent.
According to a New York Daily News report, the alleged robbery victims told police they feared for their lives, believing that if they moved forward with testifying against Baker, they would be harmed or killed.
In the police report, the men stated that Baker brandished a gun at them and pilfered their valuables during a high-stakes gambling session at a home in Miramar, Florida, on May 13.
Court documents stated that Baker and his associates had allegedly become angry over their gambling losses, proclaiming that there was cheating going on. The burgeoning NFL star and a masked man proceeded to hold partygoers at gunpoint and relieve them of thousands of dollars in cash and some pricey watches, including a Hublot valued at $25,000, witnesses said.
Baker's crew supposedly made off in a Lamborghini and two other luxury vehicles after collecting the valuables.
According to the police report, one witness said that the day before the incident, Baker had lost $70,000 at another high-stakes gambling party nearby, attended by some of the same men who were at the Miramar house party.
Quinton Dunbar, a cornerback for the Seattle Seahawks, was with Baker during the Miramar incident, court documents state. Dunbar was initally arrested in relation to the incident but never subject to any criminal charges in the case.


courthousenews--2020-11-16--Environmental Lawyer Facing Rare Prosecution Says His Judge Is Biased

MANHATTAN ( CN ) — She may not be the one who brought the charges against environmental lawyer Steven Donziger , but the federal judge tapped to preside over Donziger ’ s contempt trial will have to surmount bias allegations before the extremely rare court-ordered prosecution can begin .
“ This type of arrangement is something I have never encountered in my decades of practice nor heard of from any other counsel practicing in other jurisdiction , ” Ron Kuby wrote on Monday in a bid to disqualify U.S. District Judge Loretta Preska before Donziger ’ s trial stars in @ @ @ @ @ @ @ rights attorney who is name-dropped in “ The Big Lebowski , ” addressed his request to U.S. District Judge Lewis Kaplan who personally charged the now-disbarred Donziger for criminal contempt of court when the U.S. Attorney ’ s Office declined to prosecute .
“ I submit that this court is running afoul of Mr. Donizger ’ s fair-trial rights by playing too many roles in this criminal prosecution — you are the accuser ; the person who selected the private prosecutors after the federal prosecutor refused the case ; the person who selected @ @ @ @ @ @ @ judge , ” Kuby wrote .
Donziger drew Judge Kaplan ’ s ire while representing indigenous Ecuadoreans in a multibillion lawsuit against Chevron over drilling in the Amazon .
Kaplan ruled that the verdict against Chevron in Ecuador was one Donziger procured through fraud .
In arguing now for a random case transfer , Kuby notes that Preska “ has extensive ties to the Chevron-funded Federalist Society , ” and goes on to describe that organization ’ s “ fierce anti-regulatory and pro-corporate stance.
” Demanding Kaplan ’ s recusal as well , @ @ @ @ @ @ @ a quarter-century of his pre-judicial years work to defend Phillip Morris and other major tobacco companies.
” If convicted in the for-profit prosecution , the maximum punishment for Donziger is six months .
He has been held for 15 months under pretrial house arrest .
The lawyer ’ s prosecution was set to have been the first in-person trial for the coronavirus-era Southern District of New York .
Kuby offered his services pro bono after the trial first scheduled for September was delayed again this month .
The trial is now set for @ @ @ @ @ @ @ a.m. Preska and Kaplan did not immediately respond to requests for comment Monday afternoon , nor did Rita Glavin , a partner at the private law firm Seward & Kissel whom Kaplan appointed to prosecute Donziger .

She may not be the one who brought the charges against environmental lawyer Steven Donziger, but the federal judge tapped to preside over Donziger’s contempt trial will have to surmount bias allegations before the extremely rare court-ordered prosecution can begin.
MANHATTAN (CN) — She may not be the one who brought the charges against environmental lawyer Steven Donziger, but the federal judge tapped to preside over Donziger’s contempt trial will have to surmount bias allegations before the extremely rare court-ordered prosecution can begin.
"This type of arrangement is something I have never encountered in my decades of practice nor heard of from any other counsel practicing in other jurisdiction,” Ron Kuby wrote on Monday in a bid to disqualify U.S. District Judge Loretta Preska before Donziger’s trial stars in January.
Kuby, a legendary civil rights attorney who is name-dropped in “The Big Lebowski,” addressed his request to U.S. District Judge Lewis Kaplan who personally charged the now-disbarred Donziger for criminal contempt of court when the U.S. Attorney’s Office declined to prosecute.
"I submit that this court is running afoul of Mr. Donizger's fair-trial rights by playing too many roles in this criminal prosecution — you are the accuser; the person who selected the private prosecutors after the federal prosecutor refused the case; the person who selected the judge; and also, the judge," Kuby wrote.
Donziger drew Judge Kaplan’s ire while representing indigenous Ecuadoreans in a multibillion lawsuit against Chevron over drilling in the Amazon. Kaplan ruled that the verdict against Chevron in Ecuador was one Donziger procured through fraud.
In arguing now for a random case transfer, Kuby notes that Preska “has extensive ties to the Chevron-funded Federalist Society,” and goes on to describe that organization’s “fierce anti-regulatory and pro-corporate stance.”
Demanding Kaplan’s recusal as well, he emphasizes that the judge “spent a quarter-century of his pre-judicial years work to defend Phillip Morris and other major tobacco companies.”
If convicted in the for-profit prosecution, the maximum punishment for Donziger is six months. He has been held for 15 months under pretrial house arrest.
The lawyer’s prosecution was set to have been the first in-person trial for the coronavirus-era Southern District of New York.
Kuby offered his services pro bono after the trial first scheduled for September was delayed again this month. The trial is now set for Jan. 19, 2021, at 10 a.m.
Preska and Kaplan did not immediately respond to requests for comment Monday afternoon, nor did Rita Glavin, a partner at the private law firm Seward & Kissel whom Kaplan appointed to prosecute Donziger.