courthousenews--2020-10-17--Biden, Trump Lawyer Up in Anticipation of a Contested Election

( CN ) — “ This will be a rigged election , ” President Donald Trump tweeted in May .
The succinct and blunt prognostication is a piece of Trump ’ s attempt to cast doubt on the integrity of the upcoming presidential election in general while specifically focusing on mail-in ballots as susceptible to fraud .
His supporters say he is bringing much-needed attention to the problems with election integrity , while critics note Trump and his GOP colleagues have furnished scant evidence that ballot fraud is a problem in national elections and are intent on disenfranchising swaths of @ @ @ @ @ @ @ their political agenda .
Regardless , the pitched rhetoric has led both parties to lawyer up to a large degree in anticipation of a bevy of lawsuits filed on and immediately after Election Day .
The Trump campaign has hired a phalanx of attorneys from three major law firms and dispatched them around the country , focusing their presence on 17 battleground states .
“ The RNC and the Trump campaign are aggressively fighting back against the Democrats ’ assault on the integrity of our elections , ” said Ronna McDaniel , chairwoman @ @ @ @ @ @ @ the country , Democrats are trying to use coronavirus and the courts to legalize ballot harvesting , implement a nationwide mail-in ballot system , and eliminate nearly every safeguard in our elections.
” The campaign formed a group called “ Lawyers for Trump ” presided over by Campaign General Counsel Matthew Morgan .
Other lawyers involved in the effort include Texas Attorney General Ken Paxton and Arkansas Attorney General Leslie Rutledge , as well as California Committeewoman Harmeet Dhillon and former Deputy White House Counsel Stefan Passantino .
Former Florida Attorney General Pam @ @ @ @ @ @ @ president , and Trump ’ s personal attorney Rudy Guliani are also involved .
Meanwhile , Joe Biden has marshaled a legal team of his own , with Dana Remus serving as the campaign ’ s general counsel .
Remus leads a team that includes Bob Bauer , the former White House counsel under Barack Obama and a pair of former solicitors general in Donald Verrilli and Walter Dellinger .
Eric Holder , the former attorney general , is also involved .
Both sides are lawyering up in anticipation of a contested election @ @ @ @ @ @ @ the legitimacy of mail-in ballots or whether certain state restrictions are constitutionally viable .
Election integrity is such a difficult legal issue to parse because there is no federal program for conducting elections .
Instead , national elections are conducted on a state-by-state basis .
In many instances , election rules and regulations are even more granular with different counties maintaining election offices that may vary in how they perform their duties .
“ There are 50 different sets of rules and even those are applied differently from locality to locality , ” @ @ @ @ @ @ @ at Hofstra with a specialty in election law .
Bush v. Gore , the notorious Supreme Court case that decided the 2000 election , hinged on the legal question of whether different methods of counting votes in different counties was a constitutional violation .
While the outcome is a legally thorny issue , Sample says election law is not an arena for legal purists but is often dictated by partisans .
“ This is not high-minded law so much as it ’ s about the application of partisan politics , ” Sample said @ @ @ @ @ @ @ validity are as much of a product of partisan politics and statistical probability as they are about an application of the law.
” As such , there is no body of case law that pertains precisely to absentee or mail-in ballot legitimacy .
There are no cases where mail-in ballots have been discounted precisely because the votes were not cast at the polls .
“ There are extraordinary cases under state law where there is a meltdown in an election and absentee ballots are discarded , ” said Samuel Isaacharoff , a law @ @ @ @ @ @ @ The only one that comes to mind is the Miami mayoral election in which there was fraud established in the absentee ballots , and the ballots had been opened and could no longer be put back in the corresponding envelopes.
” The case referred to involved the election of Xavier Suarez as mayor of Miami , Florida in 1998 .
The incumbent mayor , Joe Carollo , sued saying absentee ballots had been manipulated and a state judge later investigated and found widespread fraud that was abetted by a poorly designed vote-counting system @ @ @ @ @ @ @ discounted and the election was held over again .
But Isaacharoff noted that was a one-off case that depended on local variables .
“ That is the only such case I know of , and it turned on court proof of fraud and the local nature of the election , ” he said .
However , the rarity of this one incident nearly two decades ago has not dissuaded Trump and other Republican politicians from disseminating the notion that voter fraud is widespread throughout the United States .
Trump said his popular vote @ @ @ @ @ @ @ to millions of illegally cast votes .
He launched a voting-integrity commission that he claimed would unearth innumerable examples of voter fraud , but the commission came back empty-handed and was disbanded .
Nevertheless , the GOP legal apparatus has filed multiple challenges in states throughout the nation in the weeks leading up to the election .
Those legal efforts have mostly focused on challenging states increasing the availability of mail-in ballots and extending early voting in an effort to limit both .
Those lawsuits have proved mostly futile thus far .
The @ @ @ @ @ @ @ in federal court in August , alleging the state ’ s policy of mailing ballots directly to all registered voters in light of the coronavirus pandemic was unfair to the GOP because such a policy would confuse its voters .
U.S. District Judge James Mahan tossed the case , saying the GOP lacked standing because they failed to demonstrate how the ballots would specifically hurt Republican voters if the policy applied to all voters of all relevant parties .
He also called claims that mailing ballots to voters ’ homes would necessarily lead @ @ @ @ @ @ @ ” In Pennsylvania , U.S. District Judge Nicholas Ranjan , a Donald Trump appointee , threw a similar case out of court where Republican operatives attempted to prevent the state from using drop-boxes while calling into question its election security protocol .
Likewise , he said the plaintiffs lacked standing and offered speculation instead of concrete harm .
“ While Plaintiffs may not need to prove actual voter fraud , they must at least prove that such fraud is ‘ certainly impending , ’ ” Ranjan wrote .
“ They haven ’ t @ @ @ @ @ @ @ they have pieced together a sequence of uncertain assumptions.
” But Sample said while the GOP might have difficulty in the months leading up to the election they may try their hand again after the votes have been cast .
“ Federal litigation will be after the fact , ” Sample said .
Then the matter of standing won ’ t be a significant hurdle , though the plaintiffs will be required to show concrete proof that fraud occurred to the detriment of a single party or candidate .
Some cases will proceed @ @ @ @ @ @ @ Day , with those focused on challenging state laws or state actions .
In Louisiana , the secretary of state attempted to shut down early voting and expansion of absentee ballot voting that had been authorized by the state Legislature due to the pandemic .
“ Strikingly absent is even a hint of fraud in the July and August primaries , where expanded mail voting was available to voters with COVID-19 comorbidities , caretakers , and others , ” U.S. District Judge Shelly Dick wrote in her ruling .
Dick is an Obama-appointee @ @ @ @ @ @ @ Illinois appointed by Republican George W. Bush tossed a similar lawsuit on similar grounds .
U.S. District Judge Robert Dow said the Cook County Republican Party failed to show how expanded mail-in ballot voting favored one party over another .
“ The Election Code does not permit just anyone to return the voter ’ s ballot , ” the judge wrote .
“ And it certainly does not permit anyone to systematically collect but fail to submit Republican ballots.
” Most judges appointed by both parties have ruled against Republican attempts to restrict @ @ @ @ @ @ @ notable exception is the attempt to force Wisconsin to extend its deadline for receiving mail-in ballots .
A federal judge agreed to extend the deadline , but the Seventh Circuit stayed that extension and the plaintiffs are seeking relief from the U.S. Supreme Court .
The case is pending .
“ The last time this same issue was in front of the Supreme Court , the court granted the receipt deadline extension for the state ’ s April primary elections , ” said Marc Elias , executive director of Democracy Docket , a @ @ @ @ @ @ @ judges have mostly repelled attempts to restrict vote-by-mail or drop-off boxes , those watching the election say the real flood of lawsuits may come after the votes are cast .
“ There is a possibility that if the president is leading on Election Night , he may declare victory and attempt to prevent the counting of absolutely legitimate mail-in ballots , ” Sample said .
It could also happen with more down-ballot races .
“ You could see fights as Democrats do everything they can to get mail-in ballots fully counted and Republicans @ @ @ @ @ @ @ .
Much of these worries are contingent on Trump initially faring well on election night , which appears less and less plausible as national polls show Biden with a double-digit lead as the nation enters the final stretch .
Furthermore , the bipartisan judicial consensus thus far shows little appetite in the courts for rendering an expansion of mail-in ballots or drop-off boxes synonymous with fraud .
To contest an election , plaintiffs will have to prove fraud occurred in certain instances , not simply speculate about its possibility .

“There are extraordinary cases under state law where there is a meltdown in an election and absentee ballots are discarded,” said Samuel Isaacharoff, a law professor with New York University. “The only one that comes to mind is the Miami mayoral election in which there was fraud established in the absentee ballots, and the ballots had been opened and could no longer be put back in the corresponding envelopes.”
The case referred to involved the election of Xavier Suarez as mayor of Miami, Florida in 1998. The incumbent mayor, Joe Carollo, sued saying absentee ballots had been manipulated and a state judge later investigated and found widespread fraud that was abetted by a poorly designed vote-counting system in Miami-Dade County.
The votes were discounted and the election was held over again.
But Isaacharoff noted that was a one-off case that depended on local variables.
“That is the only such case I know of, and it turned on court proof of fraud and the local nature of the election,” he said.
However, the rarity of this one incident nearly two decades ago has not dissuaded Trump and other Republican politicians from disseminating the notion that voter fraud is widespread throughout the United States.
Democratic presidential candidate former Vice President Joe Biden speaks at the Little Haiti Cultural Complex, Monday, Oct. 5, 2020, in Miami. (AP Photo/Andrew Harnik)
Trump said his popular vote defeat to Hillary Clinton could be attributed to millions of illegally cast votes. He launched a voting-integrity commission that he claimed would unearth innumerable examples of voter fraud, but the commission came back empty-handed and was disbanded.
Nevertheless, the GOP legal apparatus has filed multiple challenges in states throughout the nation in the weeks leading up to the election.
Those legal efforts have mostly focused on challenging states increasing the availability of mail-in ballots and extending early voting in an effort to limit both. Those lawsuits have proved mostly futile thus far.
The Trump campaign sued the state of Nevada in federal court in August, alleging the state’s policy of mailing ballots directly to all registered voters in light of the coronavirus pandemic was unfair to the GOP because such a policy would confuse its voters.
U.S. District Judge James Mahan tossed the case, saying the GOP lacked standing because they failed to demonstrate how the ballots would specifically hurt Republican voters if the policy applied to all voters of all relevant parties.
He also called claims that mailing ballots to voters’ homes would necessarily lead to voter fraud “speculative and generalized.”
In Pennsylvania, U.S. District Judge Nicholas Ranjan, a Donald Trump appointee, threw a similar case out of court where Republican operatives attempted to prevent the state from using drop-boxes while calling into question its election security protocol.
Likewise, he said the plaintiffs lacked standing and offered speculation instead of concrete harm.
"While Plaintiffs may not need to prove actual voter fraud, they must at least prove that such fraud is 'certainly impending,’” Ranjan wrote. “They haven't met that burden. At most, they have pieced together a sequence of uncertain assumptions."
But Sample said while the GOP might have difficulty in the months leading up to the election they may try their hand again after the votes have been cast.
“Federal litigation will be after the fact,” Sample said.
Then the matter of standing won’t be a significant hurdle, though the plaintiffs will be required to show concrete proof that fraud occurred to the detriment of a single party or candidate.
Some cases will proceed in the few remaining weeks before Election Day, with those focused on challenging state laws or state actions.
In Louisiana, the secretary of state attempted to shut down early voting and expansion of absentee ballot voting that had been authorized by the state Legislature due to the pandemic.
A federal judge blocked it.
"Strikingly absent is even a hint of fraud in the July and August primaries, where expanded mail voting was available to voters with COVID-19 comorbidities, caretakers, and others," U.S. District Judge Shelly Dick wrote in her ruling.
Dick is an Obama-appointee notably, but a federal judge in Illinois appointed by Republican George W. Bush tossed a similar lawsuit on similar grounds.
U.S. District Judge Robert Dow said the Cook County Republican Party failed to show how expanded mail-in ballot voting favored one party over another.
"The Election Code does not permit just anyone to return the voter's ballot," the judge wrote. "And it certainly does not permit anyone to systematically collect but fail to submit Republican ballots."
Most judges appointed by both parties have ruled against Republican attempts to restrict mail-in ballots or drop-off locations.
A notable exception is the attempt to force Wisconsin to extend its deadline for receiving mail-in ballots. A federal judge agreed to extend the deadline, but the Seventh Circuit stayed that extension and the plaintiffs are seeking relief from the U.S. Supreme Court. The case is pending.
“The last time this same issue was in front of the Supreme Court, the court granted the receipt deadline extension for the state’s April primary elections,” said Marc Elias, executive director of Democracy Docket, a plaintiff in the suit.
While federal judges have mostly repelled attempts to restrict vote-by-mail or drop-off boxes, those watching the election say the real flood of lawsuits may come after the votes are cast.
“There is a possibility that if the president is leading on Election Night, he may declare victory and attempt to prevent the counting of absolutely legitimate mail-in ballots,” Sample said.
People wait in line to vote early at the State Farm Arena on Monday, Oct. 12, 2020, in Atlanta. (AP Photo/Brynn Anderson)
It could also happen with more down-ballot races.
“You could see fights as Democrats do everything they can to get mail-in ballots fully counted and Republicans try to delay,” Sample said.
Much of these worries are contingent on Trump initially faring well on election night, which appears less and less plausible as national polls show Biden with a double-digit lead as the nation enters the final stretch.
Furthermore, the bipartisan judicial consensus thus far shows little appetite in the courts for rendering an expansion of mail-in ballots or drop-off boxes synonymous with fraud. To contest an election, plaintiffs will have to prove fraud occurred in certain instances, not simply speculate about its possibility.


courthousenews--2020-10-18--Plan to Retrieve Titanic Radio Spurs Debate on Human Remains

NORFOLK , Va. ( AP ) — People have been diving to the Titanic ’ s wreck for 35 years .
No one has found human remains , according to the company that owns the salvage rights .
But the company ’ s plan to retrieve the ship ’ s iconic radio equipment has sparked a debate : Could the world ’ s most famous shipwreck still hold remains of passengers and crew who died a century ago ?
Lawyers for the U.S. government have raised that question in an ongoing court battle to block the planned expedition .
They @ @ @ @ @ @ @ be there .
And they say the company fails to consider the prospect in its dive plan .
“ Fifteen hundred people died in that wreck , ” said Paul Johnston , curator of maritime history at the Smithsonian ’ s National Museum of American History .
“ You can ’ t possibly tell me that some human remains aren ’ t buried deep somewhere where there are no currents.
” The company , RMS Titanic Inc. , wants to exhibit the ship ’ s Marconi wireless telegraph machine .
It broadcast the @ @ @ @ @ @ @ and helped save about 700 people in lifeboats .
Retrieving the equipment would require an unmanned submersible to slip through a skylight or cut into a heavily corroded roof on the ship ’ s deck .
A suction dredge would remove loose silt , while manipulator arms could cut electrical cords .
RMS Titanic Inc. says human remains likely would ’ ve been noticed after roughly 200 dives .
“ It ’ s not like taking a shovel to Gettysburg , ” said David Gallo , an oceanographer and company adviser .
“ @ @ @ @ @ @ @ that , should we see human remains , we turn off the cameras and decide what to do next.
” The dispute stems from a larger debate over how the Titanic ’ s victims should be honored , and whether an expedition should be allowed to enter its hull .
In May , a federal judge in Norfolk , Virginia , approved the expedition .
U.S. District Judge Rebecca Beach Smith wrote that recovering the radio “ will contribute to the legacy left by the indelible loss of the Titanic , those who @ @ @ @ @ @ @ lives.
” But the U.S. government filed a legal challenge in June , claiming the undertaking would violate federal law and a pact with Britain recognizing the wreck as a memorial site .
U.S. attorneys argue the agreement regulates entry into the wreck to ensure its hull , artifacts and “ any human remains ” are undisturbed .
The case is pending before the 4th Circuit Court of Appeals in Richmond .
The Titanic was traveling from England to New York in 1912 when it struck an iceberg and sank in the North @ @ @ @ @ @ @ 1985 .
Over the years , explorers have sent remotely operated vehicles into parts of the ship .
During his 2001 expedition , film director James Cameron surveyed the area in a deckhouse that holds the telegraph equipment , according to court documents filed by the company .
People on both sides of the human-remains debate claim the issue is being played down — or up — to support an argument .
RMS Titanic Inc. President Bretton Hunchak told The Associated Press the government ’ s position is based on emotion rather than @ @ @ @ @ @ @ used simply to raise public support , ” Hunchak said .
“ It creates a visceral reaction for everybody.
” The firm is the court-recognized steward of Titanic artifacts , overseeing thousands of items including silverware , china and gold coins .
“ This company has always treated the wreck as both an archaeological site and a grave site with reverence and respect , ” Hunchak said .
“ And that doesn ’ t change whether in fact human remains could possibly exist.
” Gallo said remnants of those who died likely disappeared @ @ @ @ @ @ @ ve eaten away flesh because protein is scarce in the deep ocean , and bones dissolve at great ocean depths because of seawater ’ s chemistry , Gallo said .
The Titanic sits about 2.4 miles ( 3.8 kilometers ) below the surface .
Yet whale bones have been discovered at similar depths , as were human remains on a 2009 Air France plane that crashed into the Atlantic .
“ But generally that doesn ’ t happen , ” said Gallo , who previously worked at the Woods Hole Oceanographic Institution and @ @ @ @ @ @ @ .
Archaeologists who filed court statements supporting the government ’ s case said there must be human remains , and questioned the motives of those casting doubts .
Johnston wrote to the court that remains could be “ within the confines of the wreck or outside in the debris field ” in areas lacking oxygen .
In an interview , Johnston said the company doesn ’ t want “ anyone to be thinking about human remains .
They want people to think , ‘ Oh cool .
I have new artifacts to show @ @ @ @ @ @ @ , chief of the National Park Service ’ s Submerged Resources Center , also filed a statement against the expedition .
Conlin told AP “ it would be scientifically astounding if there were not human remains still onboard that ship.
” He said wrecks older than the Titanic have contained remnants of crew or passengers .
Eight sailors ’ remains were discovered on the H.L .
Hunley , a Confederate submarine that sank in 1864 .
And human bones were found at a first-century B.C .
freighter wreck near the Greek island of @ @ @ @ @ @ @ , low-oxygen water is an incredible preservative , ” Conlin said .
“ The human remains that we would expect to find are going to be in the interior spaces that are more difficult to access , where the preservation will be both tragic and spectacular .
”

People have been diving to the Titanic's wreck for 35 years. No one has found human remains, according to the company that owns the salvage rights.
NORFOLK, Va. (AP) — People have been diving to the Titanic's wreck for 35 years. No one has found human remains, according to the company that owns the salvage rights.
But the company's plan to retrieve the ship's iconic radio equipment has sparked a debate: Could the world's most famous shipwreck still hold remains of passengers and crew who died a century ago?
Lawyers for the U.S. government have raised that question in an ongoing court battle to block the planned expedition. They cite archaeologists who say remains could still be there. And they say the company fails to consider the prospect in its dive plan.
"Fifteen hundred people died in that wreck," said Paul Johnston, curator of maritime history at the Smithsonian's National Museum of American History. "You can't possibly tell me that some human remains aren't buried deep somewhere where there are no currents."
The company, RMS Titanic Inc., wants to exhibit the ship's Marconi wireless telegraph machine. It broadcast the sinking ocean liner's distress calls and helped save about 700 people in lifeboats.
Retrieving the equipment would require an unmanned submersible to slip through a skylight or cut into a heavily corroded roof on the ship's deck. A suction dredge would remove loose silt, while manipulator arms could cut electrical cords.
RMS Titanic Inc. says human remains likely would've been noticed after roughly 200 dives.
"It's not like taking a shovel to Gettysburg," said David Gallo, an oceanographer and company adviser. "And there's an unwritten rule that, should we see human remains, we turn off the cameras and decide what to do next."
The dispute stems from a larger debate over how the Titanic's victims should be honored, and whether an expedition should be allowed to enter its hull.
In May, a federal judge in Norfolk, Virginia, approved the expedition.
U.S. District Judge Rebecca Beach Smith wrote that recovering the radio "will contribute to the legacy left by the indelible loss of the Titanic, those who survived, and those who gave their lives."
But the U.S. government filed a legal challenge in June, claiming the undertaking would violate federal law and a pact with Britain recognizing the wreck as a memorial site. U.S. attorneys argue the agreement regulates entry into the wreck to ensure its hull, artifacts and "any human remains" are undisturbed.
The case is pending before the 4th Circuit Court of Appeals in Richmond.
The Titanic was traveling from England to New York in 1912 when it struck an iceberg and sank in the North Atlantic. The wreck was discovered in 1985.
Over the years, explorers have sent remotely operated vehicles into parts of the ship. During his 2001 expedition, film director James Cameron surveyed the area in a deckhouse that holds the telegraph equipment, according to court documents filed by the company.
People on both sides of the human-remains debate claim the issue is being played down — or up — to support an argument.
RMS Titanic Inc. President Bretton Hunchak told The Associated Press the government's position is based on emotion rather than science.
"Issues like this are used simply to raise public support," Hunchak said. "It creates a visceral reaction for everybody."
The firm is the court-recognized steward of Titanic artifacts, overseeing thousands of items including silverware, china and gold coins.
"This company has always treated the wreck as both an archaeological site and a grave site with reverence and respect," Hunchak said. "And that doesn't change whether in fact human remains could possibly exist."
Gallo said remnants of those who died likely disappeared decades ago.
Sea creatures would've eaten away flesh because protein is scarce in the deep ocean, and bones dissolve at great ocean depths because of seawater's chemistry, Gallo said. The Titanic sits about 2.4 miles (3.8 kilometers) below the surface.
Yet whale bones have been discovered at similar depths, as were human remains on a 2009 Air France plane that crashed into the Atlantic.
"But generally that doesn't happen," said Gallo, who previously worked at the Woods Hole Oceanographic Institution and has been involved in several Titanic expeditions.
Archaeologists who filed court statements supporting the government's case said there must be human remains, and questioned the motives of those casting doubts.
Johnston wrote to the court that remains could be "within the confines of the wreck or outside in the debris field" in areas lacking oxygen.
In an interview, Johnston said the company doesn't want "anyone to be thinking about human remains. They want people to think, 'Oh cool. I have new artifacts to show the public.'"
David Conlin, chief of the National Park Service's Submerged Resources Center, also filed a statement against the expedition.
Conlin told AP "it would be scientifically astounding if there were not human remains still onboard that ship."
He said wrecks older than the Titanic have contained remnants of crew or passengers.
Eight sailors' remains were discovered on the H.L. Hunley, a Confederate submarine that sank in 1864. And human bones were found at a first-century B.C. freighter wreck near the Greek island of Antikythera.
"Very deep, cold, low-oxygen water is an incredible preservative," Conlin said. "The human remains that we would expect to find are going to be in the interior spaces that are more difficult to access, where the preservation will be both tragic and spectacular."
By BEN FINLEY Associated Press


courthousenews--2020-10-18--Tulsa Digs Again for Victims of 1921 Race Massacre

OKLAHOMA CITY ( AP ) — A second excavation begins Monday at a cemetery in an effort to find and identify victims of the 1921 Tulsa Race Massacre and shed light on violence that left hundreds dead and decimated an area that was once a cultural and economic mecca for African Americans .
“ I realize we can tell this story the way it needs to be told , now , ” said Phoebe Stubblefield , a forensic anthropologist at the University of Florida and a descendant of a survivor of the massacre who is assisting the search , told @ @ @ @ @ @ @ is no longer hidden .
We ’ re putting the completion on this event.
” The violence happened on May 31 and June 1 in 1921 , when a white mob attacked Tulsa ’ s Black Wall Street , killing an estimated 300 people and wounding 800 more while robbing and burning businesses , homes and churches .
“ People , they were just robbed , white people coming in saying Black people had better property than they had and that that was just not right , ” said Stubblefield , whose great-aunt @ @ @ @ @ @ @ and property taken .
“ Burning , thieving , killing wasn ’ t enough .
They had to prevent Black people from recovering .
“ Personally , professionally , spiritually I have an investment in this , ” said Stubblefield , a Los Angeles native who said she is in her early 50s and learned of the massacre and her ancestor , who she doesn ’ t recall ever meeting , in the 1990s .
The two locations to be searched are in Oaklawn Cemetery in north Tulsa , where a search for @ @ @ @ @ @ @ July , and near the Greenwood District where the massacre took place .
The earlier excavation was done in an area identified by ground-penetrating radar scans as appearing to be a human-dug pit indicative of a mass grave .
It turned out be a filled-in creek , said Mayor G.T .
Bynum , who first proposed looking for victims of the violence in 2018 and later budgeted $ 100,000 to fund it after previous searches failed to find victims .
The massacre — which happened two years after what is known as the @ @ @ @ @ @ @ of African Americans died at the hands of white mobs in violence around the U.S. —- has been depicted in recent HBO shows “ Watchmen ” and “ Lovecraft County.
” It also received renewed attention after President Donald Trump selected Tulsa as the location for a June rally amid a national reckoning over police brutality and racial violence .
Trump moved the date to avoid coinciding with a Juneteenth celebration in the Greenwood District commemorating the end of slavery .
Bynum , who is 43 , said he didn ’ t learn @ @ @ @ @ @ @ ago during the mayoral campaign of his uncle Bill LaFortune , and his grandparents confirmed the events .
“ That ’ s a very common thing in Tulsa .
That ’ s how you learned about it , not through books or the media or in school , ” Bynum said .
“ People didn ’ t start talking about this event in Tulsa until about 20 years ago.
” Bodies , if discovered , will not be disturbed , Bynum said .
The excavation would stop , and investigators would “ do @ @ @ @ @ @ @ them and determine a cause of death , ” Bynum said .
Efforts would also be made to find any descendants , a project that could prove difficult , according to Bynum .
“ A hundred years after the fact , the descendants are scattered all around the world .
Tracking down the descendants could take years , ” Bynum said .
One site to be searched , known as the Original 18 , is where old funeral home records indicate up to 18 Black people who were massacre victims were buried .
@ @ @ @ @ @ @ named Clyde Eddy said in the 1990s that , as a 10-year-old boy , he saw Black bodies being prepared for burial shortly after the massacre , but was told to leave the area .
Archaeologists have identified two additional possible sites , said state archaeologist Kary Stackelbeck , who is leading the investigation .
“ We have multiple areas that we have identified as having merits for investigation , ” based on the 2019 radar scans , Stackelbeck said .
“ We just have to ask for grace and patience ” during @ @ @ @ @ @ @ scheduled to last about a week , but could be extended , according to Stubblefield .
“ I ’ m fully prepared to find human remains , ” she said .
“ The questions are just whether they ’ re the remains we ’ re looking for .
”

A second excavation begins Monday at a cemetery in an effort to find and identify victims of the 1921 Tulsa Race Massacre and shed light on violence that left hundreds dead and decimated an area that was once a cultural and economic mecca for African Americans.
OKLAHOMA CITY (AP) — A second excavation begins Monday at a cemetery in an effort to find and identify victims of the 1921 Tulsa Race Massacre and shed light on violence that left hundreds dead and decimated an area that was once a cultural and economic mecca for African Americans.
"I realize we can tell this story the way it needs to be told, now," said Phoebe Stubblefield, a forensic anthropologist at the University of Florida and a descendant of a survivor of the massacre who is assisting the search, told The Associated Press. "The story is no longer hidden. We're putting the completion on this event."
The violence happened on May 31 and June 1 in 1921, when a white mob attacked Tulsa's Black Wall Street, killing an estimated 300 people and wounding 800 more while robbing and burning businesses, homes and churches.
"People, they were just robbed, white people coming in saying Black people had better property than they had and that that was just not right," said Stubblefield, whose great-aunt Anna Walker Woods had her home burned and property taken. "Burning, thieving, killing wasn't enough. They had to prevent Black people from recovering.
"Personally, professionally, spiritually I have an investment in this," said Stubblefield, a Los Angeles native who said she is in her early 50s and learned of the massacre and her ancestor, who she doesn't recall ever meeting, in the 1990s.
The two locations to be searched are in Oaklawn Cemetery in north Tulsa, where a search for remains of victims ended without success in July, and near the Greenwood District where the massacre took place.
The earlier excavation was done in an area identified by ground-penetrating radar scans as appearing to be a human-dug pit indicative of a mass grave. It turned out be a filled-in creek, said Mayor G.T. Bynum, who first proposed looking for victims of the violence in 2018 and later budgeted $100,000 to fund it after previous searches failed to find victims.
The massacre — which happened two years after what is known as the "Red Summer," when hundreds of African Americans died at the hands of white mobs in violence around the U.S. —- has been depicted in recent HBO shows "Watchmen" and "Lovecraft County."
It also received renewed attention after President Donald Trump selected Tulsa as the location for a June rally amid a national reckoning over police brutality and racial violence. Trump moved the date to avoid coinciding with a Juneteenth celebration in the Greenwood District commemorating the end of slavery.
Bynum, who is 43, said he didn't learn of the massacre until about 20 years ago during the mayoral campaign of his uncle Bill LaFortune, and his grandparents confirmed the events.
"That's a very common thing in Tulsa. That's how you learned about it, not through books or the media or in school," Bynum said. "People didn't start talking about this event in Tulsa until about 20 years ago."
Bodies, if discovered, will not be disturbed, Bynum said. The excavation would stop, and investigators would "do what they need to do to identify them and determine a cause of death," Bynum said.
Efforts would also be made to find any descendants, a project that could prove difficult, according to Bynum.
"A hundred years after the fact, the descendants are scattered all around the world. Tracking down the descendants could take years," Bynum said.
One site to be searched, known as the Original 18, is where old funeral home records indicate up to 18 Black people who were massacre victims were buried. The other site is where a man named Clyde Eddy said in the 1990s that, as a 10-year-old boy, he saw Black bodies being prepared for burial shortly after the massacre, but was told to leave the area.
Archaeologists have identified two additional possible sites, said state archaeologist Kary Stackelbeck, who is leading the investigation.
"We have multiple areas that we have identified as having merits for investigation," based on the 2019 radar scans, Stackelbeck said. "We just have to ask for grace and patience" during the search.
The latest search is scheduled to last about a week, but could be extended, according to Stubblefield.
"I'm fully prepared to find human remains," she said. "The questions are just whether they're the remains we're looking for."
By KEN MILLER Associated Press


courthousenews--2020-10-20--Feds Accused of Blocking Asylum Seekers Despite Court Order

SAN DIEGO ( CN ) — Pointing to the federal government ’ s attempt to deport a Cameroonian immigrant who was metered and waitlisted at the U.S.-Mexico border when the Trump administration ’ s so-called — and now blocked — Third Country Transit rule was implemented , an immigration attorney told a judge Monday the federal government is still blocking asylum with the rule .
“ This very case demonstrates how the government continues to apply the asylum ban in this case and other similarly situated cases , ” Southern Poverty Law Center attorney Rebecca Cassler told U.S. District Judge @ @ @ @ @ @ @ Monday .
Cassler argued the federal government is not in compliance with Bashant ’ s preliminary injunction last year blocking the government from deporting asylum seekers along the U.S.-Mexico border who had been metered and waitlisted at ports of entry prior to the implementation of the Third Country Transit Rule July 16 , 2019 .
The rule — commonly called the “ Asylum Ban ” — required asylum seekers to have first sought asylum and show proof they were rejected in a third country before being allowed to seek asylum in the U.S @ @ @ @ @ @ @ at ports of entry months for weeks before the rule was enacted were unable to pursue asylum in Mexico or other countries they had already passed through , which typically require asylum seekers pursue relief within 30 days of arrival .
The rule was invalidated by a D.C. court and the Ninth Circuit this past summer .
But Walters and Cassler claim the federal government is still attempting to deport their client under the rule .
The asylum applicant — a Cameroonian woman who claims she was repeatedly arrested , detained and tortured @ @ @ @ @ @ @ home country — was metered at the San Ysidro Port of Entry June 4 , 2019 , more than a month before the rule went into effect .
Despite being listed as # 3295 on the San Ysidro waitlist , when she was interviewed by officers she was found ineligible to pursue asylum under the Third Country Transit Rule .
An immigration judge affirmed the finding just five days before Bashant ’ s ruling blocking the federal government from deporting metered asylum seekers who were potential class members in a class action brought @ @ @ @ @ @ @ .
Cassler told Bashant on Monday the interviews the asylum seeker had undergone were noncompliant with the judge ’ s prior order guaranteeing access to the asylum process for class members .
The Cameroonian woman had been denied asylum “ solely based on the asylum ban , ” Cassler said , and had been screened by officers using the higher “ reasonable possibility standard.
” The legal standard is a higher burden of proof where an asylum seeker most prove they are more likely than not to face persecution .
But during typical @ @ @ @ @ @ @ show a lower 10 % likelihood of persecution , Cassler said .
Because she was evaluated under a higher standard , the woman never received the credible fear interview guaranteed by Bahant ’ s preliminary injunction , Cassler said .
“ She has not been afforded the process which existed prior to July 16 and which your [ preliminary injunction ] mandates , ” Cassler said .
When Bashant reiterated the government ’ s argument that Cassler ’ s client had failed to alert them she had put her name on a waitlist @ @ @ @ @ @ @ called the screening process “ confusing.
” Portions of the credible fear interview transcript read during the hearing showed how the way a question was worded could have tripped up the asylum applicant when answering them .
When the Cameroonian woman was asked “ Did she put her name on a waitlist besides the San Ysidro waitlist ?
” she answered “ No ” because her name had only been put on that list , not any others , Cassler said .
“ There is evidence of interpretation issues which call into question @ @ @ @ @ @ @ ” Cassler said .
She added , “ That question was potentially misleading and confusing as well , ” and noted it “ did not get to the heart of the issue of whether she put her name on a waitlist in Tijuana.
” Justice Department attorney Alexander Halaska disputed the proper credible fear interview standard was not applied when the Cameroonian woman was deemed ineligible to seek asylum .
But when he suggested she may not have been blocked from seeking asylum at the port of entry due to metering , Bashant @ @ @ @ @ @ @ everyone subject to metering at that time period ?
It wasn ’ t possible to get to the port of entry ?
” Bashant asked .
Halaska said Customs and Border Protection “ has discretion to take people sometimes as they approach the port , ” and may have processed asylum seekers out of order from the waitlist maintained in Tijuana .
“ Just because metering was in effect at the time does not mean [ they were ] precluded from asylum , ” Halaska added .
But on rebuttal , Cassler pointed @ @ @ @ @ @ @ ” asked whether she was waitlisted at the port of entry .
“ The government puts the burden on the applicant , but the [ preliminary injunction ] puts the burden on the government to comply with the court order , ” Cassler said .
Bashant took the matter under submission and said she would issue a written ruling .

Pointing to the federal government’s attempt to deport a Cameroonian immigrant who was metered and waitlisted at the U.S.-Mexico border when the Trump administration’s so-called — and now blocked — Third Country Transit rule was implemented, an immigration attorney told a judge Monday the federal government is still blocking asylum with the rule.
SAN DIEGO (CN) — Pointing to the federal government’s attempt to deport a Cameroonian immigrant who was metered and waitlisted at the U.S.-Mexico border when the Trump administration’s so-called — and now blocked — Third Country Transit rule was implemented, an immigration attorney told a judge Monday the federal government is still blocking asylum with the rule.
“This very case demonstrates how the government continues to apply the asylum ban in this case and other similarly situated cases,” Southern Poverty Law Center attorney Rebecca Cassler told U.S. District Judge Cynthia Bashant in a virtual court hearing Monday.
Cassler argued the federal government is not in compliance with Bashant’s preliminary injunction last year blocking the government from deporting asylum seekers along the U.S.-Mexico border who had been metered and waitlisted at ports of entry prior to the implementation of the Third Country Transit Rule July 16, 2019.
The rule — commonly called the “Asylum Ban” — required asylum seekers to have first sought asylum and show proof they were rejected in a third country before being allowed to seek asylum in the U.S.
But those who had been waitlisted at ports of entry for weeks or months before the rule was enacted were unable to pursue asylum in Mexico or other countries they had already passed through, which typically require asylum seekers pursue relief within 30 days of arrival.
The rule was invalidated by a D.C. court and the Ninth Circuit this past summer. But Cassler claims the federal government is still attempting to deport their client under the rule.
The asylum applicant — a Cameroonian woman who claims she was repeatedly arrested, detained and tortured for her anti-government political activities in her home country — was metered at the San Ysidro Port of Entry June 4, 2019, more than a month before the rule went into effect.
Despite being listed as #3295 on the San Ysidro waitlist, when she was interviewed by officers she was found ineligible to pursue asylum under the Third Country Transit Rule.
An immigration judge affirmed the finding just five days before Bashant’s ruling blocking the federal government from deporting metered asylum seekers who were potential class members in a class action brought by immigration services nonprofit Al Otro Lado.
Cassler told Bashant on Monday the interviews the asylum seeker had undergone were noncompliant with the judge’s prior order guaranteeing access to the asylum process for class members.
The Cameroonian woman had been denied asylum “solely based on the asylum ban,” Cassler said, and had been screened by officers using the higher “reasonable possibility standard.”
The legal standard is a higher burden of proof where an asylum seeker must prove they are more likely than not to face persecution. But during typical credible fear interviews, asylum seekers must show a lower 10% likelihood of persecution, Cassler said.
Because she was evaluated under a higher standard, the woman never received the credible fear interview guaranteed by Bahant’s preliminary injunction, Cassler said.
“She has not been afforded the process which existed prior to July 16 and which your [preliminary injunction] mandates,” Cassler said.
When Bashant reiterated the government’s argument that Cassler’s client had failed to alert them she had put her name on a waitlist at the port of entry, Cassler called the screening process “confusing.”
Portions of the credible fear interview transcript read during the hearing showed how the way a question was worded could have tripped up the asylum applicant when answering them.
When the Cameroonian woman was asked “Did she put her name on a waitlist besides the San Ysidro waitlist?” she answered “No” because her name had only been put on that list, not any others, Cassler said.
“There is evidence of interpretation issues which call into question the validity of the whole screening,” Cassler said.
She added, “That question was potentially misleading and confusing as well,” and noted it “did not get to the heart of the issue of whether she put her name on a waitlist in Tijuana.”
Justice Department attorney Alexander Halaska disputed the proper credible fear interview standard was not applied when the Cameroonian woman was deemed ineligible to seek asylum.
But when he suggested she may not have been blocked from seeking asylum at the port of entry due to metering, Bashant interrupted him.
“Wasn’t everyone subject to metering at that time period? It wasn’t possible to get to the port of entry?” Bashant asked.
Halaska said Customs and Border Protection “has discretion to take people sometimes as they approach the port,” and may have processed asylum seekers out of order from the waitlist maintained in Tijuana.
“Just because metering was in effect at the time does not mean [they were] precluded from asylum,” Halaska added.
But on rebuttal, Cassler pointed out her client was not “squarely” asked whether she was waitlisted at the port of entry.
“The government puts the burden on the applicant, but the [preliminary injunction] puts the burden on the government to comply with the court order,” Cassler said.
American Immigration Council attorney Karolina Walters argued alongside Cassler.
Bashant took the matter under submission and said she would issue a written ruling.


First-Time Voters

CINCINNATI — The Sixth Circuit denied Tennessee ’ s request to stay an injunction that barred enforcement of a new @ @ @ @ @ first-time voters to cast their ballots in person .

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


courthousenews--2020-10-19--California Courts Covid Update

California Courts Covid Update

Oct. 15 , 2020 : Notice to attorneys regarding Family Law changes Oct. 15 , 2020 : Order from presiding @ @ @ @ @ Law cases Oct. 13 , 2020 : Order regarding appointment of counsel in out-of-custody pre-arraignment @ @


courthousenews--2020-10-19--Justices Won’t Block Pennsylvania Ballot Deadline Extension

WASHINGTON ( CN ) — The U.S. Supreme Court on Monday denied a request by Pennsylvania Republicans to stay a state court ruling that extended the deadline for accepting mail-in ballots until the Friday after Election Day .
The Pennsylvania Supreme Court , which holds a 5-2 Democratic majority , ruled without explanation Sept. 25 that it would not revisit its decision to extend the acceptance deadline of mail-in ballots in light of the Covid-19 pandemic .
“ Huge win for Pennsylvania .
Trump ’ s losing streak continues , this time in SCOTUS , ” he tweeted .
“ @ @ @ @ @ @ @ ” Ballots postmarked beyond Election Day will still be counted if received by 5 p.m. the following Friday or had illegible postage — as long as there is no evidence they were sent after Nov. 3 , the Pennsylvania high court ruled .
Republicans have argued extending the deadline violates federal laws , which set aside Nov. 3 alone as Election Day — although the Constitution is silent on the subject .
Represented by John Gore of Jones Day , the Republican Party initially sought a reconsideration from the state ’ s high @ @ @ @ @ @ @ exceeded the court ’ s constitutional authority and breached federal law , which sets Election Day as the first Tuesday in November .
Gore did not respond to a request for comment Monday evening .
The stay request , which was presented to Justice Samuel Alito , was denied without comment by the U.S. Supreme Court per its custom .
However , the court revealed Justices Alito , Clarence Thomas , Neil Gorsuch and Brett Kavanaugh favored jumping into the case .

The U.S. Supreme Court refused Monday to let Pennsylvania Republicans enforce their original deadline for mail-in ballots.
WASHINGTON (CN) — The U.S. Supreme Court refused Monday to let Pennsylvania Republicans enforce their original deadline for mail-in ballots.
Republicans had gone to Washington for a stay after the Pennsylvania Supreme Court, which Democrats hold with a 5-2 majority, extended the acceptance deadline for mail-in ballots to the Friday after Election Day, in light of the Covid-19 pandemic. On Sept 25, the state court declined to revisit its decision.
Selingo Guagliardo attorney Joseph Cosgrove said Monday night that the denial of the stay was important to assure that timely cast mail-in ballots will be counted. Cosgrove represented the Luzurne County Election Board in the case.
“Our argument stressed that the three-day extension for receipt of mail in ballots is not a foreign concept. Election boards have been required under federal law to accept ballots from uniformed and overseas voters which are received after Election Day, and have done so for decades,” he said in an email.
Representing Department of State Secretary Kathy Boockvar, Pennsylvania Attorney General Josh Shapiro also celebrated the denial Monday night.
“Huge win for Pennsylvania. Trump’s losing streak continues, this time in SCOTUS,” he tweeted. “Now let’s have an election.”
Ballots postmarked beyond Election Day will still be counted if received by 5 p.m. the following Friday or had illegible postage — as long as there is no evidence they were sent after Nov. 3, the Pennsylvania high court ruled.
Republicans have argued extending the deadline violates federal laws, which set aside Nov. 3 alone as Election Day — although the Constitution is silent on the subject.
Represented by John Gore of Jones Day, the Republican Party initially sought a reconsideration from the state’s high court. They argued the ballot extension exceeded the court’s constitutional authority and breached federal law, which sets Election Day as the first Tuesday in November.
Gore did not respond to a request for comment Monday evening.
The stay request, which was presented to Justice Samuel Alito, was denied without comment by the U.S. Supreme Court per its custom. However, the court revealed Justices Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh favored jumping into the case.


Top Eight

Your Monday night briefing from the staff of Courthouse News Top eight CNS stories for today including President Donald Trump ’ s reelection campaign objected to the topics for this week ’ s final presidential debate ; The Justice Department unsealed an indictment accusing six Russian military officers of orchestrating a string of cyberattacks ; The Supreme Court will rule on the Trump administration ’ s policy of forcing asylum seekers to wait in Mexico , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your @ @ @ @ @ @ @ ) In a letter accusing the nonpartisan Commission on Presidential Debates of political bias , President Donald Trump ’ s reelection campaign said the final debate this week should be focused on foreign policy .
2 . )
A gun control advocacy group co-founded by billionaire former New York Mayor Mike Bloomberg said Monday it is launching a $ 4.5 million ad campaign in pivotal battleground states blasting Republicans on gun safety and their handling of the coronavirus pandemic .
3 . )
The Justice Department unsealed an indictment Monday accusing six Russian @ @ @ @ @ @ @ cyberattacks targeting U.S. businesses , French elections and the 2018 Winter Olympics .
4 . )
The Supreme Court said Monday it will rule on the Trump administration ’ s policy of forcing asylum seekers , regardless of where they fled from , to wait in Mexico while U.S. courts process their claims .
5 . )
Experts called it critical Monday that a federal judge has blocked the Trump administration from leaving nearly 700,000 people without food stamps at a time of rising food insecurity with millions of Americans out of work @ @ @ @ @ @ @ ) Texas has launched what is likely the nation ’ s largest state-level effort to estimate how many people have already been infected with Covid-19 and could be immune to the disease as a result .
7 . )
A northern Wisconsin judge left the state ’ s mandate limiting public gatherings and capping bar and restaurant capacity in place Monday , ruling against conservatives fighting to end such restrictions and handing the Democratic governor his second virus-related court win in a week .
8 . )
When the first wave of Covid-19 @ @ @ @ @ @ @ will be reserved for first responders and people in high-risk categories — meaning the general public will likely have to wait until 2021 before they can get one , Governor Gavin Newsom said Monday .

Top eight CNS stories for today including President Donald Trump’s reelection campaign objected to the topics for this week’s final presidential debate; The Justice Department unsealed an indictment accusing six Russian military officers of orchestrating a string of cyberattacks; The Supreme Court will rule on the Trump administration’s policy of forcing asylum seekers to wait in Mexico, and more.
Your Monday night briefing from the staff of Courthouse News
Top eight CNS stories for today including President Donald Trump’s reelection campaign objected to the topics for this week’s final presidential debate; The Justice Department unsealed an indictment accusing six Russian military officers of orchestrating a string of cyberattacks; The Supreme Court will rule on the Trump administration’s policy of forcing asylum seekers to wait in Mexico, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) In a letter accusing the nonpartisan Commission on Presidential Debates of political bias, President Donald Trump’s reelection campaign said the final debate this week should be focused on foreign policy.
President Donald Trump speaks at a campaign rally at Prescott Regional Airport, Monday, Oct. 19, 2020, in Prescott, Ariz. (AP Photo/Alex Brandon)
2.) A gun control advocacy group co-founded by billionaire former New York Mayor Mike Bloomberg said Monday it is launching a $4.5 million ad campaign in pivotal battleground states blasting Republicans on gun safety and their handling of the coronavirus pandemic.
Democratic presidential candidate Mike Bloomberg speaks during an appearance at his field office in Orlando on Tuesday, March 3, 2020. (Stephen M. Dowell/Orlando Sentinel via AP)
3.) The Justice Department unsealed an indictment Monday accusing six Russian military officers of orchestrating a string of cyberattacks targeting U.S. businesses, French elections and the 2018 Winter Olympics.
A poster showing six wanted Russian military intelligence officers is displayed before a news conference at the Department of Justice, Monday, Oct. 19, 2020, in Washington. (AP Photo/Andrew Harnik, pool)
4.) The Supreme Court said Monday it will rule on the Trump administration’s policy of forcing asylum seekers, regardless of where they fled from, to wait in Mexico while U.S. courts process their claims.
In this Tuesday, Nov. 5, 2019, photo, migrants live in a refugee camp in Matamoros, Mexico. One by one, asylum-seekers from El Salvador and Honduras who are waiting in Mexico for court hearings in the United States appeared before an immigration judge to explain why, after months of effort, they couldn't find an attorney. (AP Photo/Eric Gay, File)
5.) Experts called it critical Monday that a federal judge has blocked the Trump administration from leaving nearly 700,000 people without food stamps at a time of rising food insecurity with millions of Americans out of work during the coronavirus pandemic.
FILE - In this Aug. 31, 2020, file photo, clients line up outside the Mississippi Department of Employment Security WIN Job Center in Pearl, Miss. A critical snapshot of the job market and the economy to be released Friday, Oct. 2, is expected to show a further deceleration in hiring as the nation’s viral caseload creeps higher just as financial aid from the government has faded. (AP Photo/Rogelio V. Solis, File)
Regional
6.) Texas has launched what is likely the nation’s largest state-level effort to estimate how many people have already been infected with Covid-19 and could be immune to the disease as a result.
Visitors, some wearing masks to protect against the spread of COVID-19, walk along the River Walk in San Antonio, Wednesday, June 24, 2020, in San Antonio. Cases of COVID-19 have spiked in Texas and the governor of Texas is encouraging people to wear masks in public and stay home if possible. (AP Photo/Eric Gay)
7.) A northern Wisconsin judge left the state’s mandate limiting public gatherings and capping bar and restaurant capacity in place Monday, ruling against conservatives fighting to end such restrictions and handing the Democratic governor his second virus-related court win in a week.
Patrons fill the bar at the Dairyland Brew Pub in Appleton, Wis., on May 13, 2020. (William Glasheen/The Post-Crescent via AP File)
8.) When the first wave of Covid-19 vaccines roll out in California, they will be reserved for first responders and people in high-risk categories — meaning the general public will likely have to wait until 2021 before they can get one, Governor Gavin Newsom said Monday.


courthousenews--2020-10-19--Sixth Circuit Tosses Challenge to Kentucky Church Restrictions

CINCINNATI ( CN ) — A unanimous Sixth Circuit panel has rejected an attempt by a Kentucky church and its congregants to invalidate executive orders banning in-person church services during the ongoing Covid-19 pandemic .
The ruling handed down Monday found that the case is moot because of a previous injunction and because Democratic Governor Andy Beshear has already amended the executive orders at issue to allow the services .
The initial restrictions were levied by Beshear in March during the onset of the pandemic and originally banned all mass gatherings , which included in-person religious services .
On April @ @ @ @ @ @ @ an in-person Easter service in violation of the governor ’ s executive orders .
Attendees were given notices by the Kentucky State Police ordering them to self-quarantine for 14 days .
The quarantine notices spawned a lawsuit from the church and another from the congregants , both of which sought to invalidate the governor ’ s restrictions .
After court injunctions halted enforcement of the public gathering ban , Beshear amended his executive orders on May 9 to allow for indoor church services if attendance did not exceed 33 % of the building @ @ @ @ @ @ @ , the governor raised the limit to 50 % capacity .
In its ruling , the Sixth Circuit panel found that because the governor never appealed a May injunction against the gathering ban , the church was already successful .
“ Maryville Baptist Church asks for one thing on appeal : an order requiring the district court to issue a preliminary injunction prohibiting the governor from enforcing the worship ban against the church .
But it already has what it wants .
On May 8 , the district court did just that .
@ @ @ @ @ @ @ governor from enforcing the worship ban against the church , ” the unsigned ruling states .
It continues , “ Having gotten what it wants , the church has no right to obtain an ‘ affirmance ’ of an order the governor does not appeal .
The district court ’ s injunction against the ban on church services—all it ever wanted—remains in place.
” The panel was comprised of U.S .
Circuit Judges Jeffrey Sutton , David McKeague and John Nalbandian .
Sutton and McKeague were both appointed by George W. Bush and @ @ @ @ @ @ @ .
During oral arguments in the case less than a week ago , the church argued that the matter was not moot because the governor could go back on the revised executive orders .
However , the Cincinnati-based appeals court did not find that argument persuasive and dismissed the church ’ s appeal .
The court also rejected the similar lawsuit brought forth by the congregants but left a window open for further review , finding that the case should be tossed back to the lower court to decide if it should be @ @ @ @ @ @ @ .
And regardless , the lower court must determine if the congregates ’ case is also moot in light of the amended executive orders .
“ This approach will allow the governor to decide exactly what his litigating position is—whether the cases are moot in light of his recent orders or whether subsequent legal developments require the district court to revisit the orders .
If either party remains injured by any subsequent ruling , we will consider the matter through a timely appeal , ” the ruling states .
Kentucky has reported a @ @ @ @ @ @ @ , including 1,326 deaths , according to the state ’ s coronavirus website .

A unanimous Sixth Circuit panel has rejected an attempt by a Kentucky church and its congregants to invalidate executive orders banning in-person church services during the ongoing Covid-19 pandemic.
CINCINNATI (CN) — A unanimous Sixth Circuit panel has rejected an attempt by a Kentucky church and its congregants to invalidate executive orders banning in-person church services during the ongoing Covid-19 pandemic.
The ruling handed down Monday found that the case is moot because of a previous injunction and because Democratic Governor Andy Beshear has already amended the executive orders at issue to allow the services.
The initial restrictions were levied by Beshear in March during the onset of the pandemic and originally banned all mass gatherings, which included in-person religious services.
On April 12, the Maryville Baptist Church held an in-person Easter service in violation of the governor’s executive orders. Attendees were given notices by the Kentucky State Police ordering them to self-quarantine for 14 days.
The quarantine notices spawned a lawsuit from the church and another from the congregants, both of which sought to invalidate the governor’s restrictions.
After court injunctions halted enforcement of the public gathering ban, Beshear amended his executive orders on May 9 to allow for indoor church services if attendance did not exceed 33% of the building’s capacity. On June 10, the governor raised the limit to 50% capacity.
In its ruling, the Sixth Circuit panel found that because the governor never appealed a May injunction against the gathering ban, the church was already successful.
“Maryville Baptist Church asks for one thing on appeal: an order requiring the district court to issue a preliminary injunction prohibiting the governor from enforcing the worship ban against the church. But it already has what it wants. On May 8, the district court did just that. It entered a preliminary injunction preventing the governor from enforcing the worship ban against the church,” the unsigned ruling states.
It continues, “Having gotten what it wants, the church has no right to obtain an ‘affirmance’ of an order the governor does not appeal. The district court’s injunction against the ban on church services—all it ever wanted—remains in place.”
The panel was comprised of U.S. Circuit Judges Jeffrey Sutton, David McKeague and John Nalbandian. Sutton and McKeague were both appointed by George W. Bush and Nalbandian was appointed by President Donald Trump.
During oral arguments in the case less than a week ago, the church argued that the matter was not moot because the governor could go back on the revised executive orders. However, the Cincinnati-based appeals court did not find that argument persuasive and dismissed the church’s appeal.
The court also rejected the similar lawsuit brought forth by the congregants but left a window open for further review, finding that the case should be tossed back to the lower court to decide if it should be consolidated with the church’s suit. And regardless, the lower court must determine if the congregates’ case is also moot in light of the amended executive orders.
“This approach will allow the governor to decide exactly what his litigating position is—whether the cases are moot in light of his recent orders or whether subsequent legal developments require the district court to revisit the orders. If either party remains injured by any subsequent ruling, we will consider the matter through a timely appeal,” the ruling states.
Kentucky has reported a total of 75,144 confirmed cases of Covid-19, including 1,326 deaths, according to the state’s coronavirus website.


courthousenews--2020-10-19--California Lays Out Plan for Covid Vaccine Rollout

( CN ) — When the first wave of Covid-19 vaccines roll out in California , they will be reserved for first responders and people in high-risk categories — meaning the general public will likely have to wait until 2021 before they can get one , Governor Gavin Newsom said Monday .
California will also have a group of medical experts that will independently verify any Food and Drug Administration-approved vaccine when it is made available , said Newsom during a Covid-19 briefing .
The state is currently looking at two vaccines for planning purposes which will require two doses @ @ @ @ @ @ @ plan will move at the speed of trust , ” Newsom said Monday .
“ You have to have confidence in the efficacy of the vaccine , confidence that we ’ re not rushing to judgment in terms of its distribution , in its accessibility — making sure again that we ’ re a third set of eyes , a second set of eyes.
” The Democratic governor presented a series of logistical challenges the state will face when a vaccine is announced .
That first wave will be reserved for first responders @ @ @ @ @ @ @ .
Newsom said Californians should not expect “ mass availability until 2021 ” despite some of the “ audacious stretch goals ” that have come from the Trump administration .
Earlier this month , the FDA all but confirmed there will not be a vaccine before Election Day .
The agency also said it will not speed up the approval of any vaccine that its developers can not monitor for at least two months after testing in human trials .
California submitted its own distribution plan to the U.S. Centers for Disease Control @ @ @ @ @ @ @ pharmaceutical giants Pfizer and Moderna are just two of the companies developing possible vaccines that the state is reviewing .
Transportation and storage of the vaccines will prove to be major obstacles .
Any possible vaccine will need ultra-cold storage of minus 158 degrees or cold storage at minus 68 degrees Fahrenheit depending on which vaccine the state chooses , as well as the supplies needed to vaccinate an entire state — needles , bandages , masks , dry ice and other equipment , Newsom said .
The logistics behind getting the vaccine @ @ @ @ @ @ @ not have access to nonstop sterile refrigeration could leave billions untreated according to World Health Organization .
The Pfizer and Moderna vaccines require different storage and transportation strategies and there ’ s also the logistics of distributing the vaccines to urban centers and into rural areas that are underserved .
“ Vaccines will not end this epidemic overnight .
The bottom line is even if millions and millions of Americans , millions of Californians get the vaccination , get that second shot over the 21-day period , ” Newsom said .
As of @ @ @ @ @ @ @ confirmed Covid-19 infections since the onset of the pandemic .
Nearly 17,000 Californians have died .
Newsom stressed the need for residents to maintain the infection controls that have been in place since March .
“ Which again , means a simple thing : it ’ s flu season after all .
Just washing your hands and doing the things that your grandmother reminded you of when you were raised , ” said Newsom .
Counties across the state remain under strict health orders based on the spread of the virus .
State @ @ @ @ @ @ @ new infections in the last 24 hours , and just under 3,000 in the 7-day average .
Hospitalizations across the state are starting to plateau but ICU admissions over the last seven days increased slightly , Newsom said .
“ This is that dreaded third wave that some had projected .
For California this may be better termed a second wave , because we never experienced that first wave like many did in the northeast part of the United States , ” Newsom said , noting California ’ s first wave was extended @ @ @ @ @ @ @ or third wave , this is what all epidemiologists , the scientists and anyone that followed our history or data from 1918-1919 Spanish Flu pandemic , this is what we anticipate moving into the colder season , moving into a season where more of us are moving inside … This is an area of obvious and real concern and that ’ s why we ’ re being very sober and forgive me , stubborn about some industries in this state that are eager to get guidelines.
” Newsom said the state expects to @ @ @ @ @ @ @ events and reopening of theme parks by Tuesday .

When the first wave of Covid-19 vaccines roll out in California, they will be reserved for first responders and people in high-risk categories — meaning the general public will likely have to wait until 2021 before they can get one, Governor Gavin Newsom said Monday.
(CN) — When the first wave of Covid-19 vaccines roll out in California, they will be reserved for first responders and people in high-risk categories — meaning the general public will likely have to wait until 2021 before they can get one, Governor Gavin Newsom said Monday.
California will also have a group of medical experts that will independently verify any Food and Drug Administration-approved vaccine when it is made available, said Newsom during a Covid-19 briefing. The state is currently looking at two vaccines for planning purposes which will require two doses within 21 days.
“This vaccine plan will move at the speed of trust,” Newsom said Monday. “You have to have confidence in the efficacy of the vaccine, confidence that we’re not rushing to judgment in terms of its distribution, in its accessibility — making sure again that we’re a third set of eyes, a second set of eyes.”
The Democratic governor presented a series of logistical challenges the state will face when a vaccine is announced. That first wave will be reserved for first responders and at-risk groups, including the elderly. Newsom said Californians should not expect “mass availability until 2021” despite some of the “audacious stretch goals” that have come from the Trump administration.
Earlier this month, the FDA all but confirmed there will not be a vaccine before Election Day. The agency also said it will not speed up the approval of any vaccine that its developers cannot monitor for at least two months after testing in human trials.
California submitted its own distribution plan to the U.S. Centers for Disease Control and Prevention last week.
Newsom said pharmaceutical giants Pfizer and Moderna are just two of the companies developing possible vaccines that the state is reviewing.
Transportation and storage of the vaccines will prove to be major obstacles. Any possible vaccine will need ultra-cold storage of minus 158 degrees or cold storage at minus 68 degrees Fahrenheit depending on which vaccine the state chooses, as well as the supplies needed to vaccinate an entire state — needles, bandages, masks, dry ice and other equipment, Newsom said.
The logistics behind getting the vaccine to parts of the world that do not have access to nonstop sterile refrigeration could leave billions untreated according to World Health Organization.
The Pfizer and Moderna vaccines require different storage and transportation strategies and there’s also the logistics of distributing the vaccines to urban centers and into rural areas that are underserved.
“Vaccines will not end this epidemic overnight. The bottom line is even if millions and millions of Americans, millions of Californians get the vaccination, get that second shot over the 21-day period,” Newsom said.
As of Monday, California has reported over 878,000 confirmed Covid-19 infections since the onset of the pandemic. Nearly 17,000 Californians have died.
Newsom stressed the need for residents to maintain the infection controls that have been in place since March.
“Which again, means a simple thing: it’s flu season after all. Just washing your hands and doing the things that your grandmother reminded you of when you were raised,” said Newsom.
Counties across the state remain under strict health orders based on the spread of the virus. State health officials said there were over 3,400 new infections in the last 24 hours, and just under 3,000 in the 7-day average.
Hospitalizations across the state are starting to plateau but ICU admissions over the last seven days increased slightly, Newsom said.
“This is that dreaded third wave that some had projected. For California this may be better termed a second wave, because we never experienced that first wave like many did in the northeast part of the United States,” Newsom said, noting California’s first wave was extended in July. “Nonetheless, second or third wave, this is what all epidemiologists, the scientists and anyone that followed our history or data from 1918-1919 Spanish Flu pandemic, this is what we anticipate moving into the colder season, moving into a season where more of us are moving inside … This is an area of obvious and real concern and that’s why we’re being very sober and forgive me, stubborn about some industries in this state that are eager to get guidelines.”
Newsom said the state expects to announce guidelines for the resumption of sporting events and reopening of theme parks by Tuesday.


courthousenews--2020-10-19--Trump Campaign Objects to Topics of Last Debate

( CN ) — In a letter accusing the nonpartisan Commission on Presidential Debates of political bias , President Donald Trump ’ s reelection campaign objected Monday to the topics selected for this week ’ s final presidential debate and said it should be focused on foreign policy .
The letter , signed by Trump campaign manager Bill Stepien , said the campaign was expecting a debate on the president ’ s foreign policy positions .
But the topics chosen by the debate ’ s moderator , NBC ’ s Kristen Welker , will not allow Trump to tout his @ @ @ @ @ @ @ the record of former Vice President Joe Biden , according to the letter .
“ It is completely irresponsible for the Commission to alter the focus of this final debate just days before the event , solely to insulate Biden from his own history , ” Stepien wrote ahead of Thursday ’ s scheduled debate in Nashville .
The Trump campaign asked the commission to “ recalibrate the topics ” and objected to the commission considering changes to the debate format , such as muting a candidate ’ s microphone when it is @ @ @ @ @ @ @ It is completely unacceptable for anyone to wield such power , and a decision to proceed with that change amounts to turning further editorial control of the debate over to the Commission which has already demonstrated its partiality to Biden , ” the letter states .
On Friday , the Commission on Presidential Debates announced the six topics Welker chose .
Noting they could change , the commission said the topics are : fighting Covid-19 , American families , race in America , climate change , national security and leadership .
The campaign @ @ @ @ @ @ @ took to Twitter to criticize Welker , despite praising her in the past .
“ She ’ s always been terrible & unfair , just like most of the Fake News reporters , but I ’ ll still play the game , ” Trump wrote on Saturday .
When Welker was named as co-anchor on NBC ’ s “ Weekend Today ” in January , Trump congratulated her , saying the show had “ made a very wise decision.
” Neither the Trump campaign , the Biden campaign nor the Commission on Presidential @ @ @ @ @ @ @ for comment .
When the commission announced the moderators for this season ’ s debates , it said only the moderators know of the questions beforehand and “ the moderator will regulate the conversation so that thoughtful and substantive exchanges occur .
”

In a letter accusing the nonpartisan Commission on Presidential Debates of political bias, President Donald Trump’s reelection campaign objected Monday to the topics selected for this week’s final presidential debate and said it should be focused on foreign policy.
(CN) — President Donald Trump and former Vice President Joe Biden will have their microphones muted during Thursday’s final presidential debate when their opponent is given two minutes at the start of each debate topic, the Commission on Presidential Debates said Monday night.
The 90-minute debate is broken into six 15-minute segments, with each candidate given two minutes to speak without interruption at the start. The change comes after the presidential debate last month was dominated by Trump frequently interrupting Biden and the moderator, Chris Wallace.
The two-minute remarks will proceed an open debate session between the candidates.
"We realize, after discussions with both campaigns, that neither campaign may be totally satisfied with the measures announced today," the commission said in a statement. "One may think they go too far, and one may think they do not go far enough. We are comfortable that these actions strike the right balance and that they are in the interest of the American people, for whom these debates are held."
Bill Stepien, Trump’s campaign manager, said the president was still interested in debating Biden despite the changes.
“President Trump is committed to debating Joe Biden regardless of last-minute rule changes from the biased commission in their latest attempt to provide advantage to their favored candidate,” Stepien said in a statement.
The changes come hours after Trump’s reelection campaign accused the nonpartisan commission of political bias in a letter, objected to the topics selected for this week’s debate and said it should be focused on foreign policy.
The letter, signed by Stepien, said the campaign was expecting a debate on the president’s foreign policy positions. But the topics chosen by the debate’s moderator, NBC’s Kristen Welker, will not allow Trump to tout his foreign policy achievements or call into question Biden’s record, according to the letter.
“It is completely irresponsible for the Commission to alter the focus of this final debate just days before the event, solely to insulate Biden from his own history,” Stepien wrote ahead of Thursday’s scheduled debate in Nashville.
The Trump campaign asked the commission to “recalibrate the topics” and objected to the commission considering changes to the debate format, such as muting a candidate’s microphone when it is not their turn to speak.
“It is completely unacceptable for anyone to wield such power, and a decision to proceed with that change amounts to turning further editorial control of the debate over to the Commission which has already demonstrated its partiality to Biden,” the letter states.
On Friday, the Commission on Presidential Debates announced the six topics Welker chose. Noting they could change, the commission said the topics are: fighting Covid-19, American families, race in America, climate change, national security and leadership.
The campaign’s letter comes days after Trump took to Twitter to criticize Welker, despite praising her in the past.
“She’s always been terrible & unfair, just like most of the Fake News reporters, but I’ll still play the game,” Trump wrote on Saturday.
When Welker was named as co-anchor on NBC’s “Weekend Today” in January, Trump congratulated her, saying the show had “made a very wise decision.”
Neither the Trump campaign, the Biden campaign nor the Commission on Presidential Debates responded to Courthouse News’ requests for comment.
When the commission announced the moderators for this season’s debates, it said only the moderators know of the questions beforehand and “the moderator will regulate the conversation so that thoughtful and substantive exchanges occur.”


courthousenews--2020-10-19--Bloomberg Group Drops $4.5 Million on Swing State Ads

( CN ) — A gun control advocacy group co-founded by billionaire former New York Mayor Mike Bloomberg said Monday it is launching a $ 4.5 million ad campaign in pivotal battleground states blasting Republicans on gun safety and their handling of the coronavirus pandemic .
In the closing weeks of the 2020 election season , Everytown for Gun Safety said its TV , digital , print and mail ads will “ highlight Republicans ’ failure to keep Americans safe from both Covid-19 and gun violence.
” Asserting the GOP has been putting the interests of gun lobbyists ahead of @ @ @ @ @ @ @ ads will call for Americans to elect “ gun sense candidates ” on Nov. 3 .
“ As Covid-19 rates rise and gun violence continues to claim 100 American lives a day , Everytown is doubling down on our work to hold politicians accountable for failing to address these two public health emergencies , ” John Feinblatt , president of Everytown for Gun Safety , said in a press release on Monday .
Feinblatt added , “ A clear majority of Americans want stronger gun laws , and we ’ re going to @ @ @ @ @ @ @ Election Day.
” Everytown said it is spending the money across six states with competitive congressional and state legislative contests – Arizona , Iowa , Minnesota , North Carolina , Pennsylvania and Texas .
In the coming weeks , $ 700,000 worth of the group ’ s get-out-the-vote ads will focus on those states that are considered key battlegrounds for control of the House of Representatives , including Arizona , North Carolina and Texas .
A whopping $ 2 million in additional spending will go specifically toward targeting Republican candidates Troy Nehls in @ @ @ @ @ @ @ Van Duyne in Texas ’ 24th Congressional District .
The negative ads are set to condemn Nehls , who is running against Democrat Sri Kulkarni , over his endorsement from the National Rifle Association .
Duyne will likewise face a negative ad campaign from Everytown for having accepted money from the NRA .
The group will also spend more than $ 1.4 million in TV and digital ads targeting state legislative races in Arizona , Iowa , Minnesota , North Carolina and Texas .
According to Everytown , those ads will focus on @ @ @ @ @ @ @ on gun violence , and how that mimics their failure to act on the Covid-19 pandemic ” that has killed 220,000 Americans .
“ You can ’ t overestimate the importance of this election , up and down the ballot — from the presidential race to statehouse contests across the country , ” Charlie Kelly , senior political adviser for Everytown for Gun Safety , said in a statement .
The latest initiative is part of the group ’ s $ 60 million in total spending on 2020 races , which is twice @ @ @ @ @ @ @ midterm election cycle .
It also includes a $ 350,000 direct mail campaign , which will be sent to voters in competitive legislative districts in Arizona , Texas , North Carolina , Pennsylvania and Minnesota .
The mailers will include messages from gun violence survivors urging residents to vote out Republicans who have refused to pass gun reform laws .
Another $ 50,000 in print ads will run in Texas , targeting GOP members of the state legislature who have refused to implement laws like background checks for all gun sales .
“ @ @ @ @ @ @ @ , we ’ re going to be there to remind voters which lawmakers have done absolutely nothing to prevent our gun violence crisis , and urge them to elect gun sense candidates , ” Kelly said .
Bloomberg , who sought the Democratic presidential nomination before dropping out and supporting former Vice President Joe Biden , has also helped raise over $ 16 million to pay court fines and fees for more than 30,000 Black and Latino voters in Florida with felonies .
Those fees would otherwise prevent them from voting .

A gun control advocacy group co-founded by billionaire former New York Mayor Mike Bloomberg said Monday it is launching a $4.5 million ad campaign in pivotal battleground states blasting Republicans on gun safety and their handling of the coronavirus pandemic.
(CN) — A gun control advocacy group co-founded by billionaire former New York Mayor Mike Bloomberg said Monday it is launching a $4.5 million ad campaign in pivotal battleground states blasting Republicans on gun safety and their handling of the coronavirus pandemic.
In the closing weeks of the 2020 election season, Everytown for Gun Safety said its TV, digital, print and mail ads will “highlight Republicans’ failure to keep Americans safe from both Covid-19 and gun violence.”
Asserting the GOP has been putting the interests of gun lobbyists ahead of public safety, the group says the ads will call for Americans to elect “gun sense candidates” on Nov. 3.
“As Covid-19 rates rise and gun violence continues to claim 100 American lives a day, Everytown is doubling down on our work to hold politicians accountable for failing to address these two public health emergencies,” John Feinblatt, president of Everytown for Gun Safety, said in a press release on Monday.
Feinblatt added, “A clear majority of Americans want stronger gun laws, and we’re going to make sure their voices are heard on Election Day.”
Everytown said it is spending the money across six states with competitive congressional and state legislative contests - Arizona, Iowa, Minnesota, North Carolina, Pennsylvania and Texas.
In the coming weeks, $700,000 worth of the group’s get-out-the-vote ads will focus on those states that are considered key battlegrounds for control of the House of Representatives, including Arizona, North Carolina and Texas.
A whopping $2 million in additional spending will go specifically toward targeting Republican candidates Troy Nehls in Texas’ 22nd Congressional District and Beth Van Duyne in Texas’ 24th Congressional District. The negative ads are set to condemn Nehls, who is running against Democrat Sri Kulkarni, over his endorsement from the National Rifle Association. Duyne will likewise face a negative ad campaign from Everytown for having accepted money from the NRA.
The group will also spend more than $1.4 million in TV and digital ads targeting state legislative races in Arizona, Iowa, Minnesota, North Carolina and Texas. According to Everytown, those ads will focus on “the failure of Republicans to act on gun violence, and how that mimics their failure to act on the Covid-19 pandemic” that has killed 220,000 Americans.
“You can’t overestimate the importance of this election, up and down the ballot — from the presidential race to statehouse contests across the country,” Charlie Kelly, senior political adviser for Everytown for Gun Safety, said in a statement.
The latest initiative is part of the group’s $60 million in total spending on 2020 races, which is twice the amount it spent during the 2018 midterm election cycle.
It also includes a $350,000 direct mail campaign, which will be sent to voters in competitive legislative districts in Arizona, Texas, North Carolina, Pennsylvania and Minnesota. The mailers will include messages from gun violence survivors urging residents to vote out Republicans who have refused to pass gun reform laws.
Another $50,000 in print ads will run in Texas, targeting GOP members of the state legislature who have refused to implement laws like background checks for all gun sales.
“As people are heading to the polls, we’re going to be there to remind voters which lawmakers have done absolutely nothing to prevent our gun violence crisis, and urge them to elect gun sense candidates,” Kelly said.
Bloomberg, who sought the Democratic presidential nomination before dropping out and supporting former Vice President Joe Biden, has also helped raise over $16 million to pay court fines and fees for more than 30,000 Black and Latino voters in Florida with felonies. Those fees would otherwise prevent them from voting.