Birth Control

NEW YORK — The Second Circuit upheld a ruling in favor of pharmaceutical company Bayer in a class action product @ @ @ @ @ intrauterine device .
The plaintiffs , who claimed the IUD caused them to develop idiopathic @ @ @ @ @ present reliable expert opinions .


Election Audit

DETROIT — A county court in Michigan denied a request to have the Wayne County clerk audit the presidential election @ @ @ @ @ of state is statutorily responsible for such an audit and has already committed to conducting @ @

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.


Michael Flynn

WASHINGTON — A federal judge in Washington dismissed the criminal complaint against President Donald Trump ’ s former national security @ @ @ @ @ received a presidential pardon last month .
However , the judge noted that pardon does @ @ @ @ @ innocent ” of any alleged crime .


Hawaii Elections

HONOLULU — The Hawaii Supreme Court dismissed a complaint challenging all the results of federal , state and county races @ @ @ @ @ election and the Nov. 3 general election , finding the plaintiffs lacked standing and could @ @ @ @ @ facts in support of their claims .
”


courthousenews--2020-12-09--Hearings in Huawei CFO Extradition Case Continue in Canada

( CN ) — The Canadian border guard who handed over Huawei CFO Meng Wanzhou ’ s phone passwords to police “ went white ” with shock upon realizing his mistake , the Supreme Court of British Columbia heard today in ongoing hearings into the United States ’ attempt to extradite the Chinese telecom executive to face fraud charges in New York .
On the stand today in Vancouver , Nicole Goodman , the Canada Border Services Agency ’ s chief of passenger operations at Vancouver Airport , told the court that she hadn ’ t heard of Huawei until @ @ @ @ @ @ @ on Dec. 1 , 2018 .
However , she soon learned enough to realize that it was going to be a high-profile case with political implications and considerable media interest .
“ I didn ’ t know anything about Huawei at the time .
I never heard of it in my life , ” she said .
Under questioning from Crown Prosecutor Diba Majzub , Goodman told the court how she oversaw CBSA officers Sanjit Dhillon and Scott Kirkland , who initially examined Meng and placed her phones in special mylar bags to @ @ @ @ @ @ @ heard from Kirkland how he made the “ heart-wrenching ” mistake of handing over Meng ’ s electronic device passwords on a piece of paper to Canadian police in breach of privacy laws .
In a debrief meeting after Meng ’ s arrest with other CBSA officers , Goodman said that Kirkland was sitting opposite from her at a table .
“ One of my main focuses was information sharing , just being a previous intel officer and my enforcement background especially on the customs side , when other entities are engaged I @ @ @ @ @ @ @ .
That ’ s always been drilled into me since I was an officer , ” Goodman testified .
“ I just wanted to make sure that there was no information that was shared , and while I was having that discussion , I remember it vividly , because Kirkland was — we were at a boardroom table , he was directly across from me — and as I was having that discussion with the team , I just saw like , he just went white and seemed distressed.
” “ That ’ @ @ @ @ @ @ @ he had an epiphany that he had this piece of paper that had Ms. Meng ’ s passwords on it , and he doesn ’ t know where it is , he wasn ’ t sure if he had left it on the table or with the devices or if he had handed it all over to the RCMP , ” she continued .
“ I just said ‘ you either did or you didn ’ t , I need to know what ’ s happened here ’ because obviously I have concerns @ @ @ @ @ @ @ shouldn ’ t be sharing that information ” Kirkland ’ s reaction in the meeting made her believe the action was “ a 100 % accidental , ” and Goodman defended his record as a border guard .
“ He ’ s a very upstanding officer , very talented , ” Goodman told the court .
“ I wouldn ’ t question whether that ’ s a deliberate action on his part.
” Days later , Kirkland said that the passwords “ may ” have been handed over along with the electronic devices @ @ @ @ @ @ @ sure .
Meng ’ s lawyers have continually seized upon law enforcement and border guards ’ actions surrounding the initial questioning and later arrest , claiming they were improperly collecting evidence on behalf of the FBI , zeroing in on email chains , phone records , notes , and other communications between border guards , Mounties , and the FBI .
Meng is on house arrest in Vancouver , where she owns two luxury homes .
She ’ s fighting her extradition to the U.S. , where she faces fraud charges in connection @ @ @ @ @ @ @ s alleged to have lied to an HSBC executive about a Huawei subsidiary ’ s dealing in Iran , which allegedly ran afoul of American sanctions .
Meng ’ s lawyers have claimed their client ’ s rights were violated when border guards examined her for several hours , despite the arrest warrant commanding her “ immediate arrest.
” Moreover , they claim law enforcement and border guards abused their authority in order to seize and search items without judicial authorization to gather evidence for the FBI .
While she ’ s denied @ @ @ @ @ @ @ reported last week that U.S. authorities and Meng are in negotiations for a potential plea agreement for deferred prosecution should she admit wrongdoing , which she reportedly resisted .
The hearings continue this week with court time scheduled well into the first half of 2021 .

The Canadian border guard who mistakenly handed over Huawei CFO Meng Wanzhou’s phone passwords to police “went white” with shock upon realizing his mistake in a meeting with superiors after the arrest, the Supreme Court of British Columbia heard today in ongoing hearings into the United States’ attempt to extradite the Chinese telecom executive to face fraud charges in New York.
(CN) — The Canadian border guard who handed over Huawei CFO Meng Wanzhou’s phone passwords to police “went white” when he realized what he'd done, his superior testified as the U.S. seeks to extradite the Chinese telecom executive to face fraud charges..
On the stand today in Vancouver, Nicole Goodman, the Canada Border Services Agency’s chief of passenger operations at Vancouver Airport, told the court that she hadn’t heard of Huawei until the day before Meng’s arrest on Dec. 1, 2018. However, she soon learned enough to realize that it was going to be a high-profile case with political implications and considerable media interest.
“I didn’t know anything about Huawei at the time. I never heard of it in my life,” she said.
Under questioning from Crown Prosecutor Diba Majzub at the British Columbia Supreme Court, Goodman told the court how she oversaw CBSA officers Sanjit Dhillon and Scott Kirkland, who initially examined Meng and placed her phones in special mylar bags to prevent remote wiping. The court earlier heard from Kirkland how he made the “heart-wrenching” mistake of handing over Meng’s electronic device passwords on a piece of paper to Canadian police in breach of privacy laws.
In a debrief meeting after Meng’s arrest with other CBSA officers, Goodman said that Kirkland was sitting opposite from her at a table.
“One of my main focuses was information sharing, just being a previous intel officer and my enforcement background especially on the customs side, when other entities are engaged I’m very cautious about information sharing. That’s always been drilled into me since I was an officer,” Goodman testified. “I just wanted to make sure that there was no information that was shared, and while I was having that discussion, I remember it vividly, because Kirkland was — we were at a boardroom table, he was directly across from me — and as I was having that discussion with the team, I just saw like, he just went white and seemed distressed.”
“That’s when he had told me that he had an epiphany that he had this piece of paper that had Ms. Meng’s passwords on it, and he doesn’t know where it is, he wasn’t sure if he had left it on the table or with the devices or if he had handed it all over to the RCMP,” she continued. “I just said ‘you either did or you didn’t, I need to know what’s happened here’ because obviously I have concerns that’s CBSA information and we shouldn’t be sharing that information”
Kirkland’s reaction in the meeting made her believe the action was “a 100% accidental,” and Goodman defended his record as a border guard.
“He’s a very upstanding officer, very talented,” Goodman told the court. “I wouldn’t question whether that’s a deliberate action on his part.”
Days later, Kirkland said that the passwords “may” have been handed over along with the electronic devices but he didn’t know for sure.
Meng’s lawyers have continually seized upon law enforcement and border guards’ actions surrounding the initial questioning and later arrest, claiming they were improperly collecting evidence on behalf of the FBI, zeroing in on email chains, phone records, notes, and other communications between border guards, Mounties, and the FBI.
Meng is on house arrest in Vancouver, where she owns two luxury homes. She’s fighting her extradition to the U.S., where she faces fraud charges in connection with a 2013 meeting where she’s alleged to have lied to an HSBC executive about a Huawei subsidiary’s dealing in Iran, which allegedly ran afoul of American sanctions.
Meng’s lawyers have claimed their client’s rights were violated when border guards examined her for several hours, despite the arrest warrant commanding her “immediate arrest.” Moreover, they claim law enforcement and border guards abused their authority in order to seize and search items without judicial authorization to gather evidence for the FBI.
While she’s denied the charges, the Wall Street Journal reported last week that U.S. authorities and Meng are in negotiations for a potential plea agreement for deferred prosecution should she admit wrongdoing, which she reportedly resisted.
The hearings continue this week with court time scheduled well into the first half of 2021.


courthousenews--2020-12-09--Feds Sued Over Inaction on Northern Spotted Owl Protections

SAN FRANCISCO ( CN ) — In the latest legal tussle over much-litigated protections for the northern spotted owl , environmental groups sued the U.S .
Fish and Wildlife Service Tuesday for missing mandatory deadlines to review the bird ’ s protected status as its population decline accelerates .
Nesting on the branches of some of the oldest trees in the Pacific Northwest , the chocolate-brown , dark-eyed bird was listed as a threatened species in 1990 , but several factors — including logging , climate change , wildfires and encroachment by the invasive barred owl — has caused the @ @ @ @ @ @ @ an increasing pace over the last three decades .
With those concerns in mind , the Environmental Protection Information Center ( EPIC ) and six other groups petitioned the federal agency in August 2012 to upgrade the owl ’ s designation from threatened to endangered .
In April 2015 , nearly three years after a 90-day deadline for responding to the petition , Fish and Wildlife found substantial evidence supported the requested status change .
That set off a mandatory one-year review , which , more than five years later , remains unfinished @ @ @ @ @ @ @ reviewing the status of each threatened and endangered species every five years .
The last such review for the northern spotted owl occurred in 2011 , creating a 2016 deadline for the next evaluation .
More than four years later , that review has yet to be completed .
“ Inaction by the U.S .
Fish and Wildlife Service means that they are failing at their basic charge , which is to protect our nation ’ s irreplaceable wildlife , ” EPIC attorney Tom Wheeler said in a phone interview Tuesday .
In @ @ @ @ @ @ @ decided to scale back the northern spotted owl ’ s protected habitat by 209,000 acres as part of a settlement with a carpenters ’ trade union , which depends on wood from logging operations in the region .
Wheeler said that decision made it abundantly clear how the agency has prioritized the use of its limited resources .
“ They found the staff resources to strip habitat protections but not consider additional new protections for the owl , ” Wheeler said .
Long delays and missed deadlines are commonplace at U.S .
Fish @ @ @ @ @ @ @ has “ routinely underfunded , ” according to Wheeler .
With constant staffing and budget constraints , the agency must often triage and decide what issues and species to prioritize first .
But another potential reason for the years-long delay is that the issue has become a “ political third rail ” due to the impact of the owl ’ s protected habitat on the timber industry , Wheeler said .
Designating the owl as a threatened species in 1990 led the government to set aside 9 million acres of land as protected @ @ @ @ @ @ @ decimated the logging industry in the Pacific Northwest .
Some estimates say it caused the timber industry to lose as many as 168,000 jobs and shuttered lumber mills across the region .
Those habitat protections have also triggered a torrent of litigation over the last three decades .
The timber industry sued the U.S. Bureau of Land Management in federal court for designating as protected some land covered by the 1936 O & C Act , which mandates swaths of land in Oregon be managed as timber harvest land .
Logging industry advocates @ @ @ @ @ @ @ withdraw protection from some lands did not go far enough .
According to Wheeler , the northern spotted owl plays a critical role in old-growth forest ecosystems .
The nocturnal predator , which preys on small forest mammals , has become functionally extinct in British Columbia , is getting closer to potential extinction in Washington state and is underperforming in Oregon and California , he said .
Population sizes for the owl declined 33 % to 55 % in California since the 1990s , according to the state ’ s Department of Fish @ @ @ @ @ @ @ occupied 14,000 territories in 1993 , but today it can be found in 3,000 territories or less , the U.S. Forest Service ’ s top researcher for spotted owls , Damon Lesmeister , told the Salem Statesman Journal last week .
“ We ’ ve seen continued owl decline , and we are starting to see what one owl researcher has called an ‘ extinction vortex , ’ ” Wheeler said .
“ If we don ’ t take action now it will be more costly and difficult to save the owl in @ @ @ @ @ @ @ all resources to bear to protect the northern spotted owl.
” The lawsuit seeks a court order requiring Fish and Wildlife to complete its five-year review of the owl ’ s protected status and to issue a final decision on the petition to upgrade the owl from a threatened to endangered species .
Other plaintiffs in the lawsuit include Cascadia Wildlands , Conservation Northwest , Klamath Forest Alliance , Klamath-Siskiyou Wildlands Center , Oregon Wild and Audubon Society of Portland .
The U.S .
Fish and Wildlife Service did not immediately respond to @ @ @ @ @ @

In the latest legal tussle over much-litigated protections for the northern spotted owl, environmental groups sued the U.S. Fish and Wildlife Service Tuesday for missing mandatory deadlines to review the bird’s protected status as its population decline accelerates.
SAN FRANCISCO (CN) — In the latest legal tussle over much-litigated protections for the northern spotted owl, environmental groups sued the U.S. Fish and Wildlife Service Tuesday for missing mandatory deadlines to review the bird’s protected status as its population decline accelerates.
Nesting on the branches of some of the oldest trees in the Pacific Northwest, the chocolate-brown, dark-eyed bird was listed as a threatened species in 1990, but several factors — including logging, climate change, wildfires and encroachment by the invasive barred owl — has caused the nocturnal creatures’ numbers to dwindle at an increasing pace over the last three decades.
Northern spotted owl, Strix occidentalis caurina, Deschutes forest, Oregon, (c) Kris Hennings/USDA Forest Service
With those concerns in mind, the Environmental Protection Information Center (EPIC) and six other groups petitioned the federal agency in August 2012 to upgrade the owl’s designation from threatened to endangered. In April 2015, nearly three years after a 90-day deadline for responding to the petition, Fish and Wildlife found substantial evidence supported the requested status change. That set off a mandatory one-year review, which, more than five years later, remains unfinished.
The agency is also tasked with reviewing the status of each threatened and endangered species every five years. The last such review for the northern spotted owl occurred in 2011, creating a 2016 deadline for the next evaluation. More than four years later, that review has yet to be completed.
“Inaction by the U.S. Fish and Wildlife Service means that they are failing at their basic charge, which is to protect our nation’s irreplaceable wildlife,” EPIC attorney Tom Wheeler said in a phone interview Tuesday.
In August this year, Fish and Wildlife decided to scale back the northern spotted owl’s protected habitat by 209,000 acres as part of a settlement with a carpenters’ trade union, which depends on wood from logging operations in the region.
Wheeler said that decision made it abundantly clear how the agency has prioritized the use of its limited resources.
“They found the staff resources to strip habitat protections but not consider additional new protections for the owl,” Wheeler said.
Long delays and missed deadlines are commonplace at U.S. Fish and Wildlife, an agency that Congress has “routinely underfunded,” according to Wheeler. With constant staffing and budget constraints, the agency must often triage and decide what issues and species to prioritize first.
But another potential reason for the years-long delay is that the issue has become a “political third rail” due to the impact of the owl’s protected habitat on the timber industry, Wheeler said.
Designating the owl as a threatened species in 1990 led the government to set aside 9 million acres of land as protected habitat, a move some complain has decimated the logging industry in the Pacific Northwest. Some estimates say it caused the timber industry to lose as many as 168,000 jobs and shuttered lumber mills across the region.
Those habitat protections have also triggered a torrent of litigation over the last three decades.
The timber industry sued the U.S. Bureau of Land Management in federal court for designating as protected some land covered by the 1936 O&C Act, which mandates swaths of land in Oregon be managed as timber harvest land. Logging industry advocates claim a 2008 Bush administration plan to withdraw protection from some lands did not go far enough.
According to Wheeler, the northern spotted owl plays a critical role in old-growth forest ecosystems. The nocturnal predator, which preys on small forest mammals, has become functionally extinct in British Columbia, is getting closer to potential extinction in Washington state and is underperforming in Oregon and California, he said.
Population sizes for the owl declined 33% to 55% in California since the 1990s, according to the state’s Department of Fish and Wildlife.
The northern spotted owl occupied 14,000 territories in 1993, but today it can be found in 3,000 territories or less, the U.S. Forest Service’s top researcher for spotted owls, Damon Lesmeister, told the Salem Statesman Journal last week.
“We’ve seen continued owl decline, and we are starting to see what one owl researcher has called an ‘extinction vortex,’” Wheeler said. “If we don’t take action now it will be more costly and difficult to save the owl in the future so we need to bring all resources to bear to protect the northern spotted owl.”
The lawsuit seeks a court order requiring Fish and Wildlife to complete its five-year review of the owl’s protected status and to issue a final decision on the petition to upgrade the owl from a threatened to endangered species.
Other plaintiffs in the lawsuit include Cascadia Wildlands, Conservation Northwest, Klamath Forest Alliance, Klamath-Siskiyou Wildlands Center, Oregon Wild and Audubon Society of Portland.
The U.S. Fish and Wildlife Service did not immediately respond to a request for comment Tuesday.


courthousenews--2020-12-09--Virginia State Senator Sues Over Pandemic-Related Closure of Government Office Building

RICHMOND , Va. ( CN ) — A Virginia state Senator sued the state ’ s Democratic legislative leadership , clerks , and the state ’ s Division of Capitol Police Tuesday after the majority announced the closure of an office building to the public during the upcoming 2021 legislative session .
State Senator Bill DeSteph , R-Virginia Beach , filed a complaint against House Speaker Eileen Filler-Corn , Senate Rules Committee Chair Mamie Locke , legislative clerks Susan Clarke Schaar and Suzette Denslow , and the Virginia Division of Capitol Police in Richmond City Circuit Court Tuesday .
The @ @ @ @ @ @ @ the Pocahontas Building — a state government building that houses offices of members — blocks the public from interacting with legislators during the annual two-month lawmaking session .
The building was closed to the public due to the ongoing coronavirus pandemic , which has resulted in the deaths of over 285,000 Americans , including 4,200 in Virginia .
DeSteph claims the replacement system of phone and zoom meetings with the public violates their First Amendment rights .
“ Public interest weighs in favor of the General Assembly office building being fully open during @ @ @ @ @ @ @ season in the history of the Commonwealth and is mandated by law , ” the eight-page filing reads .
The complaint was filed by Virginia Beach attorney Time Anderson , who is running for delegate in 2021 .
It asks for an injunction blocking the building ’ s closure .
“ Plaintiff , as an elected state Senator will suffer irreparable harm if an injunction is not granted , in that he will be denied vital in-person contact with constituents during , ” the complaint states .
A copy of a letter announcing @ @ @ @ @ @ @ , was included with the filing and states “ due to the rise in Covid numbers the Pocahontas Building will ONLY be open for credentialed legislative employees and current legislators.
” The letter points to advice from the Virginia Department of Health , which suggested limited access to the cramped building and mandates only one person present in a legislator ’ s office at any given time .
In a phone interview , DeSteph said lobbyists and citizens need in-person access to legislators , otherwise they ’ re kept in the dark .
@ @ @ @ @ @ @ then you jam through what you want to get through , ” he said .
“ And that ’ s just not fair.
” “ In the same time period that we ’ ve had those [ deaths ] , look back last year and see how many people have died of the flu , ” he said .
The CDC lists about 22,000 deaths from the flu in 2019 .
DeSteph could be in for an uphill battle at the courts .
While it was unclear if Virginia Attorney General Mark Herring @ @ @ @ @ @ @ defend the defendants , his office has won 13 challenges against Democratic Governor Ralph Northam ’ s coronavirus lockdown measures since the outbreak forced statewide closures in March .
“ As we continue to see a surge of cases around the country , including certain areas of Virginia , we know that we must continue to adhere to these critical safety measures to keep Virginians healthy , ” said Herring in a July statement .
There ’ s also a record of an online session during the pandemic : A three month special @ @ @ @ @ @ @ criminal justice reform and covid funding , ended early last month .
The 100-member House session was held entirely online while the 40-member Senate met in person at a local , socially distanced museum hall .
The public was not allowed in the building with the senators and both chambers took public comment online or over the phone .
The 2021 Virginia General Assembly session will gavel in on Jan. 13 , 2021 .
The House is expected to remain online while the Senate is expected to return to the museum hall .

A Virginia state Senator sued the state’s Democratic legislative leadership, clerks, and the state’s Division of Capitol Police Tuesday after the majority announced the closure of an office building to the public during the upcoming 2021 legislative session.
RICHMOND, Va. (CN) — A Virginia state Senator sued the state’s Democratic legislative leadership, clerks, and the state’s Division of Capitol Police Tuesday after the majority announced the closure of an office building to the public during the upcoming 2021 legislative session.
State Senator Bill DeSteph, R-Virginia Beach, filed a complaint against House Speaker Eileen Filler-Corn, Senate Rules Committee Chair Mamie Locke, legislative clerks Susan Clarke Schaar and Suzette Denslow, and the Virginia Division of Capitol Police in Richmond City Circuit Court Tuesday. The second term senator claims the closure of the Pocahontas Building — a state government building that houses offices of members — blocks the public from interacting with legislators during the annual two-month lawmaking session.
The building was closed to the public due to the ongoing coronavirus pandemic, which has resulted in the deaths of over 285,000 Americans, including 4,200 in Virginia.
DeSteph claims the replacement system of phone and zoom meetings with the public violates their First Amendment rights.
“Public interest weighs in favor of the General Assembly office building being fully open during session as historically has occurred in every season in the history of the Commonwealth and is mandated by law," the eight-page filing reads.
The complaint was filed by Virginia Beach attorney Time Anderson, who is running for delegate in 2021. It asks for an injunction blocking the building’s closure.
“Plaintiff, as an elected state Senator will suffer irreparable harm if an injunction is not granted, in that he will be denied vital in-person contact with constituents during,” the complaint states.
A copy of a letter announcing the digital session, sent last week, was included with the filing and states "due to the rise in Covid numbers the Pocahontas Building will ONLY be open for credentialed legislative employees and current legislators."
The letter points to advice from the Virginia Department of Health, which suggested limited access to the cramped building and mandates only one person present in a legislator’s office at any given time.
In a phone interview, DeSteph said lobbyists and citizens need in-person access to legislators, otherwise they’re kept in the dark.
“When you shut down the system then you jam through what you want to get through,” he said. “And that’s just not fair.”
DeSteph also downplayed the coronavirus’s deadly impact.
“In the same time period that we’ve had those [deaths], look back last year and see how many people have died of the flu,” he said.
The CDC lists about 22,000 deaths from the flu in 2019.
DeSteph could be in for an uphill battle at the courts.
While it was unclear if Virginia Attorney General Mark Herring, a Democrat, would have to defend the defendants, his office has won 13 challenges against Democratic Governor Ralph Northam’s coronavirus lockdown measures since the outbreak forced statewide closures in March.
“As we continue to see a surge of cases around the country, including certain areas of Virginia, we know that we must continue to adhere to these critical safety measures to keep Virginians healthy,” said Herring in a July statement.
There’s also a record of an online session during the pandemic: A three month special session, called by Northam to address criminal justice reform and covid funding, ended early last month. The 100-member House session was held entirely online while the 40-member Senate met in person at a local, socially distanced museum hall.
The public was not allowed in the building with the senators and both chambers took public comment online or over the phone.
The 2021 Virginia General Assembly session will gavel in on Jan. 13, 2021. The House is expected to remain online while the Senate is expected to return to the museum hall.


courthousenews--2020-12-09--Disabled Calif. Prisoners Say Mistreatment Persists Despite Court Orders

OAKLAND , Calif. ( CN ) — Shocking abuses in California ’ s prison system persist despite decades of court orders meant to curb violations of disabled prisoners ’ civil rights , lawyers for an inmate class told a federal judge Tuesday .
Gay Grunfeld , an attorney representing dozens of disabled inmates , urged Senior U.S. District Judge Claudia Wilken to order the the California Department of Corrections and Rehabilitation to install surveillance cameras and ensure correctional officers are properly trained and disciplined .
“ They ’ re not safe , ” Grunfeld said of her clients .
“ @ @ @ @ @ @ @ protect our class until there are further efforts toward reform — starting with cameras and a better discipline system , training and an early warning system.
” Grunfeld said officers are not held accountable for terrorizing prisoners , particularly ones with disabilities .
Declarations submitted to the court by inmates describe being tossed or dragged from their wheelchairs when they ask guards for help , being accused of faking their disabilities , and being beaten unconscious when they complain about mistreatment .
At R.J. Donovan Correctional Facility in San Diego , an officer @ @ @ @ @ @ @ pushing an elderly inmate out of his wheelchair .
The inmate was simply transferred elsewhere .
“ If there had not been witnesses there would have been no change in his environment , ” Grunfeld said .
“ At his new prison , officers called him a rat for what he did at RJD.
” Grunfeld said the problem is rooted in a deficient internal affairs office , where misconduct investigations are “ biased , incomplete and unprofessional , ” if they are conducted at all .
Out of 179 incidents her firm @ @ @ @ @ @ @ people have been disciplined to date .
“ There ’ s a dysfunctional culture , ” she said .
“ No one is investigated and no one is disciplined .
The declarations tell us the harm is real — they can ’ t all possibly be lying.
” Wilken is overseeing long-standing litigation against California ’ s prisons for civil rights abuses stemming from a class action lawsuit brought by prisoners in 1994 .
In 1996 , Wilken ordered the Department of Corrections to develop a “ remedial plan ” to fulfill its @ @ @ @ @ @ @ , which the Ninth Circuit affirmed in 1997 .
Wilken has periodically updated her ruling through the years to ensure that the corrections department continues to comply .
In September of this year , she ordered R.J. Donovan to reform its complaint and disciplinary process and for its guards to wear body cameras when interacting with inmates after Grunfeld ’ s firm and the Prison Law Office documented excessive use of force at the facility , including guards punching and kicking disabled inmates and using pepper spray “ where the undisputed evidence shows @ @ @ @ @ @ @ to RJD staff that would warrant the use of such force.
” Class attorneys asked Wilken on Tuesday to extend her September order to several additional prisons , including Los Angeles County , California Correctional Institution , Kern Valley State Prison , California State Penitentiary Corcoran , California Institution for Women , Salinas Valley State Prison , and Substance Abuse and Treatment Facility .
“ Most troublingly , just like at RJD , incarcerated people with disabilities at these other CDCR facilities are terrified of staff .
As a result , they refrain @ @ @ @ @ @ @ that they require for their disabilities and avoid interacting with staff , ” their motion says .
“ The hostile environment leads people with mental illness to not report suicidality or need for treatment .
And because they have seen what happens to people who complain , they refrain from filing grievances when they do not receive the accommodations or help that they need or staff otherwise mistreat them.
” Wisen asked Grunfeld whether her order should apply to all 35 prisons rather than the seven listed in the class ’ motion .
@ @ @ @ @ @ @ needed at these seven prisons but not other prisons ?
” she asked .
Grunfeld said the order probably should be extended statewide but the seven listed house the largest number of class members and report the highest use of force , including use of rubber bullets , batons and pepper spray .
State corrections officials are resisting the additional oversight as unnecessary .
California Deputy Attorney General Anthony Tartaglio said it was flatly wrong .
“ Binding case law says the court can not take evidence from seven prisons and then extrapolate @ @ @ @ @ @ @ all 35 prisons , ” he said , citing Lewis v. Casey , where the U.S. Supreme Court held that inmates must show evidence of widespread injury , not just several isolated incidents of civil rights violations .
“ Even just at these seven prisons there ’ s not enough evidence , ” Tartaglio said .
“ Even if we look at LAC , plaintiffs have 42 declarations there but there are currently 2,738 prisoners at LAC .
So this number of declarations represents a small fraction of the inmate population — less @ @ @ @ @ @ @ Wilken should not rule based solely on the number of declarations from each prison .
“ It ’ s not a question of counting declarations and how many people live in the prison at this particular moment , ” she said .
“ The point is these are the people who are brave enough to do a declaration with plaintiffs ’ counsel .
There are many more who are afraid to speak up.
” Wilken took the arguments under submission .
Though she appeared open to extending her order to the additional prisons @ @ @ @ @ @ @ statewide , saying , “ I ’ m not sure we have the type of record we could use to make a statewide plan .
”

Shocking abuses in California’s prison system persist despite decades of court orders meant to curb violations of disabled prisoners’ civil rights, lawyers for an inmate class told a federal judge Tuesday.
OAKLAND, Calif. (CN) — Shocking abuses in California’s prison system persist despite decades of court orders meant to curb violations of disabled prisoners’ civil rights, lawyers for an inmate class told a federal judge Tuesday.
Gay Grunfeld, an attorney representing dozens of disabled inmates, urged Senior U.S. District Judge Claudia Wilken to order the the California Department of Corrections and Rehabilitation to install surveillance cameras and ensure correctional officers are properly trained and disciplined.
“They're not safe,” Grunfeld said of her clients. “Basically nothing is going to happen to protect our class until there are further efforts toward reform — starting with cameras and a better discipline system, training and an early warning system.”
Grunfeld said officers are not held accountable for terrorizing prisoners, particularly ones with disabilities. Declarations submitted to the court by inmates describe being tossed or dragged from their wheelchairs when they ask guards for help, being accused of faking their disabilities, and being beaten unconscious when they complain about mistreatment.
At R.J. Donovan Correctional Facility in San Diego, an officer was reportedly not disciplined after being caught pushing an elderly inmate out of his wheelchair. The inmate was simply transferred elsewhere. "If there had not been witnesses there would have been no change in his environment,” Grunfeld said. “At his new prison, officers called him a rat for what he did at RJD.”
Grunfeld said the problem is rooted in a deficient internal affairs office, where misconduct investigations are “biased, incomplete and unprofessional,” if they are conducted at all. Out of 179 incidents her firm has investigated, she said only two people have been disciplined to date.
“There’s a dysfunctional culture,” she said. “No one is investigated and no one is disciplined. The declarations tell us the harm is real — they can't all possibly be lying.”
Wilken is overseeing long-standing litigation against California’s prisons for civil rights abuses stemming from a class action lawsuit brought by prisoners in 1994.
In 1996, Wilken ordered the Department of Corrections to develop a “remedial plan” to fulfill its obligations to disabled prisoners under federal law, which the Ninth Circuit affirmed in 1997. Wilken has periodically updated her ruling through the years to ensure that the corrections department continues to comply.
In September of this year, she ordered R.J. Donovan to reform its complaint and disciplinary process and for its guards to wear body cameras when interacting with inmates after Grunfeld’s firm and the Prison Law Office documented excessive use of force at the facility, including guards punching and kicking disabled inmates and using pepper spray “where the undisputed evidence shows that the class members posed no threat to RJD staff that would warrant the use of such force.”
Class attorneys asked Wilken on Tuesday to extend her September order to several additional prisons, including Los Angeles County, California Correctional Institution, Kern Valley State Prison, California State Penitentiary Corcoran, California Institution for Women, Salinas Valley State Prison, and Substance Abuse and Treatment Facility.
"Most troublingly, just like at RJD, incarcerated people with disabilities at these other CDCR facilities are terrified of staff. As a result, they refrain from asking for accommodations and other help that they require for their disabilities and avoid interacting with staff,” their motion says. "The hostile environment leads people with mental illness to not report suicidality or need for treatment. And because they have seen what happens to people who complain, they refrain from filing grievances when they do not receive the accommodations or help that they need or staff otherwise mistreat them."
Wisen asked Grunfeld whether her order should apply to all 35 prisons rather than the seven listed in the class’ motion. “What is it that makes that needed at these seven prisons but not other prisons?” she asked.
Grunfeld said the order probably should be extended statewide but the seven listed house the largest number of class members and report the highest use of force, including use of rubber bullets, batons and pepper spray.
State corrections officials are resisting the additional oversight as unnecessary. California Deputy Attorney General Anthony Tartaglio said it was flatly wrong.
“Binding case law says the court cannot take evidence from seven prisons and then extrapolate and issue an injunction that applies to all 35 prisons,” he said, citing Lewis v. Casey, where the U.S. Supreme Court held that inmates must show evidence of widespread injury, not just several isolated incidents of civil rights violations.
“Even just at these seven prisons there's not enough evidence,” Tartaglio said. “Even if we look at LAC, plaintiffs have 42 declarations there but there are currently 2,738 prisoners at LAC. So this number of declarations represents a small fraction of the inmate population — less than 2%.”
Grunfeld said Wilken should not rule based solely on the number of declarations from each prison.
“It's not a question of counting declarations and how many people live in the prison at this particular moment,” she said. “The point is these are the people who are brave enough to do a declaration with plaintiffs’ counsel. There are many more who are afraid to speak up.”
Wilken took the arguments under submission. Though she appeared open to extending her order to the additional prisons, she seemed disinclined to apply it statewide, saying, “I’m not sure we have the type of record we could use to make a statewide plan.”


courthousenews--2020-12-09--Portland Pulls Two Cops to Avoid Second Contempt Finding

PORTLAND ( CN ) — The city of Portland , Oregon , agreed on Tuesday to remove from the streets two officers accused of multiple violent incidents against journalists and legal observers in an effort to avoid a second finding of contempt for the handling of ongoing protests against police brutality and systemic racism .
Two members of the city ’ s Rapid Response Team , which polices the protests that erupted in the wake of the Minneapolis police killing of George Floyd , are no longer responding to protests while the city investigates their alleged role in half a @ @ @ @ @ @ @ legal observers .
The incidents include one in which police allegedly dislocated a woman ’ s shoulder by yanking her up from the ground by her arms when she was handcuffed , another where police who were shoving legal observers allegedly grabbed another woman by the throat and multiple incidents where a journalist says officers assaulted her in retaliation for filming them pepper spraying and assaulting protesters .
Journalists and legal observers sued the city in June , claiming police were targeting them for assault and arrest in retaliation for their attempts to @ @ @ @ @ @ @ uprising and the police response to it .
In July , the city agreed to a preliminary injunction barring police from arresting or assaulting journalists and legal observers unless they had probable cause to believe that person had committed a crime .
When federal agents descended on the city , the journalists added the Department of Homeland Security , the U.S .
Marshals Service and Federal Protective Services as defendants in the case .
The federal agencies fought against the injunction the city had agreed to , and that flank of the case @ @ @ @ @ @ @ .
In a separate case filed by protesters against Portland police , Judge Marco Hernandez last Tuesday held the city in contempt of court , finding that in three instances police had fired rubber bullets and paint balls at protesters who were complying with police orders or who were not otherwise an imminent threat .
The officer whose actions led to contempt in that case are not the same ones whose behavior is at issue here .
It was the violent actions of Portland police officer Brent Taylor that caused Judge Hernandez to @ @ @ @ @ @ @ in this case , although their names are redacted in court documents , individuals familiar with the case say they are Sergeant Justin Damerville and Officer Craig Lehman .
Independent journalist Maranie Staab says she was assaulted by the two officers and was close enough to see their faces and badge numbers .
Their names were confirmed by a second person with knowledge of the legal matter .
The city already agreed to let journalists and legal observers remain behind police lines in order to document arrests and other police actions .
But @ @ @ @ @ @ @ continued to shove , attack and arrest them for doing their jobs .
Court procedure required them to ask the city directly for changes before filing a motion to hold the city in contempt .
And on Tuesday , the city agreed to take action to avoid risking contempt a second time , signing a stipulation in lieu of a motion for contempt — basically a document where the city promises to provide the kind of changes the journalists would have sought by asking a judge to hold the city in contempt of @ @ @ @ @ @ @ city will keep the two officers from carrying out any duties that would put them in contact with the public , pending its investigation of six incidents where the men are accused of threatening or assaulting journalists and legal observers .
And if it decides to return either officer to public duty , the city promised to give the journalists at least three days ’ notice , so they can file their contempt motion before that happens .
The city did not admit any wrongdoing in the stipulation .
But the two officers @ @ @ @ @ @ @ weeks , according to people familiar with the matter .
Also on Tuesday , protesters prevented police from evicting a Black and Indigenous family from a historically Black neighborhood in North Portland .
Police , who claimed the state ’ s Covid-19 eviction moratorium does not apply to foreclosures like the one faced by the Kinney family , were expected to return , but a rowdy crowd routed them Tuesday morning , chasing police down North Mississippi street and even slashing a tire of one police SUV .
Portland Mayor Ted Wheeler announced @ @ @ @ @ @ @ back to complete the eviction using “ all lawful means.
” “ I am authorizing the Portland Police to use all lawful means to end the illegal occupation on North Mississippi Avenue and to hold those violating our community ’ s laws accountable , ” Wheeler said in a statement .
“ There will be no autonomous zone in Portland .
”

The city of Portland, Oregon, agreed on Tuesday to remove from the streets two officers accused of multiple violent incidents against journalists and legal observers in an effort to avoid a second finding of contempt for the handling of ongoing protests against police brutality and systemic racism.
PORTLAND (CN) — The city of Portland, Oregon, agreed on Tuesday to remove from the streets two officers accused of multiple violent incidents against journalists and legal observers in an effort to avoid a second finding of contempt for the handling of ongoing protests against police brutality and systemic racism.
Two members of the city’s Rapid Response Team, which polices the protests that erupted in the wake of the Minneapolis police killing of George Floyd, are no longer responding to protests while the city investigates their alleged role in half a dozen acts of violence against journalists and legal observers. The incidents include one in which police allegedly dislocated a woman’s shoulder by yanking her up from the ground by her arms when she was handcuffed, another where police who were shoving legal observers allegedly grabbed another woman by the throat and multiple incidents where a journalist says officers assaulted her in retaliation for filming them pepper spraying and assaulting protesters.
Journalists and legal observers sued the city in June, claiming police were targeting them for assault and arrest in retaliation for their attempts to do their jobs — documenting an historic uprising and the police response to it.
In July, the city agreed to a preliminary injunction barring police from arresting or assaulting journalists and legal observers unless they had probable cause to believe that person had committed a crime. When federal agents descended on the city, the journalists added the Department of Homeland Security, the U.S. Marshals Service and Federal Protective Services as defendants in the case. The federal agencies fought against the injunction the city had agreed to, and that flank of the case is currently pending before the Ninth Circuit.
In a separate case filed by protesters against Portland police, Judge Marco Hernandez last Tuesday held the city in contempt of court, finding that in three instances police had fired rubber bullets and paint balls at protesters who were complying with police orders or who were not otherwise an imminent threat.
The officer whose actions led to contempt in that case are not the same ones whose behavior is at issue here. It was the violent actions of Portland police officer Brent Taylor that caused Judge Hernandez to hold the city in contempt.
And in this case, although their names are redacted in court documents, individuals familiar with the case say they are Sergeant Justin Damerville and Officer Craig Lehman. Independent journalist Maranie Staab says she was assaulted by the two officers and was close enough to see their faces and badge numbers. Their names were confirmed by a second person with knowledge of the legal matter.
The city already agreed to let journalists and legal observers remain behind police lines in order to document arrests and other police actions. But journalists say video evidence shows that police continued to shove, attack and arrest them for doing their jobs. Court procedure required them to ask the city directly for changes before filing a motion to hold the city in contempt.
And on Tuesday, the city agreed to take action to avoid risking contempt a second time, signing a stipulation in lieu of a motion for contempt — basically a document where the city promises to provide the kind of changes the journalists would have sought by asking a judge to hold the city in contempt of the injunction.
The stipulation says the city will keep the two officers from carrying out any duties that would put them in contact with the public, pending its investigation of six incidents where the men are accused of threatening or assaulting journalists and legal observers. And if it decides to return either officer to public duty, the city promised to give the journalists at least three days’ notice, so they can file their contempt motion before that happens.
The city did not admit any wrongdoing in the stipulation. But the two officers have already been off protest duty for weeks, according to people familiar with the matter. Also on Tuesday, protesters prevented police from evicting a Black and Indigenous family from a historically Black neighborhood in North Portland. Police, who claimed the state’s Covid-19 eviction moratorium does not apply to foreclosures like the one faced by the Kinney family, were expected to return, but a rowdy crowd routed them Tuesday morning, chasing police down North Mississippi street and even slashing a tire of one police SUV.
Portland Mayor Ted Wheeler announced Tuesday night that he was sending police back to complete the eviction using “all lawful means.”
“I am authorizing the Portland Police to use all lawful means to end the illegal occupation on North Mississippi Avenue and to hold those violating our community’s laws accountable,” Wheeler said in a statement. “There will be no autonomous zone in Portland.”


courthousenews--2020-12-10--California Chief Justice Sees Many Court Pandemic Changes as Permanent

SAN FRANCISCO ( CN ) — The pandemic has left an indelible mark on the courts , as it has with nearly all aspects of life .
California ’ s chief justice said Wednesday that many of the changes courts were forced to adopt in order to continue to do business may become permanent .
“ I believe our way of hearing cases and our way of preparing cases for trial has changed forever , ” Chief Justice Tani Cantil-Sakauye told reporters at an annual meeting held this year by videoconference .
A transition to remote technology , hastened out @ @ @ @ @ @ @ helped courts continue to serve the public amid ever-changing local and statewide shutdown orders , and the convenience of phone and video hearings may lead to most routine matters being conducted remotely far into the post-pandemic future .
“ The courts have been tremendous in staying open — a feat unto itself given all the various state and local orders , ” she said “ We did a relatively smooth-ish transition to remote technology , and I ’ d like to say if the pandemic had hit three or four years ago we @ @ @ @ @ @ @ we are in.
” Cantil-Sakauye said she foresees continuances , most arraignments and “ many , many hearings that involve purely attorney against attorney ” going permanently remote .
While the remote shift has been expedient for some , the chief justice said it has also made her realize the hardship it ’ s caused .
“ There is a digital divide , ” Cantil-Sakauye said .
“ We ’ ve met with communities that were already in trouble , at least as far as access goes , before the pandemic .
Folks @ @ @ @ @ @ @ greater difficulty now trying to access the courts with remote technology.
” She added that high-powered lawyers have complained that remote technology can not work for selecting juries or conducting jury trials .
“ There is no replacement for face to face .
That is the gold standard .
We ’ re trying to pick the best of what technology offers but continuing to offer , for those who need it , person-to person human contact to provide essential and meaningful access to justice , ” she said .
She noted that the @ @ @ @ @ @ @ more than ever this year , particularly in cases involving housing , employment and wage fraud .
“ It ’ s important to keep in mind how important courts are in crisis , ” she said , something the chief justice and top judicial administrator Martin Hoshino hope Governor Gavin Newsom will remember during next year ’ s budget negotiations .
After a promising January proposal , Newsom ’ s May revised budget dealt a devastating blow to the entire branch with a 10 % baseline funding cut .
“ January was wonderful @ @ @ @ @ @ @ , full sails up kind of event .
And I ’ m still having a hard time watching the demolition that happened afterwards and how quickly it happened , ” Hoshino said .
But he said Newsom ’ s funding trigger — which would have restored that 10 % had the federal government come through with aid — left him uncharacteristically optimistic about the future .
Perhaps the judiciary won ’ t see the bone-deep cuts it suffered during the Great Recession .
“ I saw the governor ’ s office and the @ @ @ @ @ @ @ of the judiciary in the very fabric of a government ’ s core services , ” Hoshino said .
“ I like to think that we won ’ t suffer the amount of cuts related to the Great Recession and that the deficits hopefully won ’ t be as bad .
And even if we do , we ’ re going to come out of it a little quicker than we did last time .
“ So far the conversation and negotiations are going well with the administration .
So I ’ m @ @ @ @ @ @ @ years with maybe more optimism than I usually do .
”

The pandemic has left an indelible mark on the courts, as it has with nearly all aspects of life. California’s chief justice said Wednesday that many of the changes courts were forced to adopt in order to continue to do business may become permanent.
SAN FRANCISCO (CN) — The pandemic has left an indelible mark on the courts, as it has with nearly all aspects of life. California’s chief justice said Wednesday that many of the changes courts were forced to adopt in order to continue to do business may become permanent.
“I believe our way of hearing cases and our way of preparing cases for trial has changed forever,” Chief Justice Tani Cantil-Sakauye told reporters at an annual meeting held this year by videoconference.
A transition to remote technology, hastened out of necessity by the pandemic, has helped courts continue to serve the public amid ever-changing local and statewide shutdown orders, and the convenience of phone and video hearings may lead to most routine matters being conducted remotely far into the post-pandemic future.
“The courts have been tremendous in staying open — a feat unto itself given all the various state and local orders,” she said “We did a relatively smooth-ish transition to remote technology, and I’d like to say if the pandemic had hit three or four years ago we would not have been in the position we are in.”
Cantil-Sakauye said she foresees continuances, most arraignments and “many, many hearings that involve purely attorney against attorney” going permanently remote.
While the remote shift has been expedient for some, the chief justice said it has also made her realize the hardship it’s caused.
“There is a digital divide,” Cantil-Sakauye said. “We've met with communities that were already in trouble, at least as far as access goes, before the pandemic. Folks who had difficulty before are having even greater difficulty now trying to access the courts with remote technology.”
She added that high-powered lawyers have complained that remote technology cannot work for selecting juries or conducting jury trials.
"There is no replacement for face to face. That is the gold standard. We're trying to pick the best of what technology offers but continuing to offer, for those who need it, person-to person human contact to provide essential and meaningful access to justice,” she said.
She noted that the public has been turning to the courts more than ever this year, particularly in cases involving housing, employment and wage fraud.
“It’s important to keep in mind how important courts are in crisis,” she said, something the chief justice and top judicial administrator Martin Hoshino hope Governor Gavin Newsom will remember during next year’s budget negotiations.
After a promising January proposal, Newsom’s May revised budget dealt a devastating blow to the entire branch with a 10% baseline funding cut.
"January was wonderful. It was a turn the corner, full sails up kind of event. And I'm still having a hard time watching the demolition that happened afterwards and how quickly it happened,” Hoshino said.
But he said Newsom’s funding trigger — which would have restored that 10% had the federal government come through with aid — left him uncharacteristically optimistic about the future. Perhaps the judiciary won’t see the bone-deep cuts it suffered during the Great Recession.
“I saw the governor's office and the Legislature start to recognize the vital role of the judiciary in the very fabric of a government's core services,” Hoshino said. “I like to think that we won't suffer the amount of cuts related to the Great Recession and that the deficits hopefully won't be as bad. And even if we do, we’re going to come out of it a little quicker than we did last time.
“So far the conversation and negotiations are going well with the administration. So I'm going into this year and the coming years with maybe more optimism than I usually do.”


Alabama Prisons

BIRMINGHAM , Ala. — The federal government sued the state of Alabama and the Alabama Department of Corrections Wednesday , @ @ @ @ @ s prisons fail to protect prisoners from violence and sexual abuse and for keeping unsafe @ @ @ @ @ prisons .


courthousenews--2020-12-10--After Last-Ditch Dinner Talks, EU-UK No Closer to a Deal

( CN ) — The specter of the United Kingdom and the European Union formally cutting ties at the end of the year without even a bare-bones trade deal grew on Wednesday night after the two sides met in Brussels and failed to carve out much room for compromise .
British Prime Minister Boris Johnson went to Brussels to hold discussions with European Commission President Ursula von der Leyen over a lengthy three-course dinner .
Once the dinner was over , both sides issued gloomy statements saying that big differences remained .
They did not speak to reporters after the @ @ @ @ @ @ @ headquarters .
The dinner menu itself became the subject of much speculation : Scallops were served as a main course ( British and French fishermen routinely squabble over access to scallop fishing grounds off the coast of France and fishing rights in U.K. waters is a sticking point in trade talks ) and pavlova was the dessert ( this meringue-based treat is believed to have originated in Australia and Johnson often talks about a no-deal Brexit as trading with the EU as Australia does , something he calls the “ Australia solution.
” @ @ @ @ @ @ @ der Leyen called the discussion on the state of play in the negotiations “ lively and interesting ” but that a deal was not any closer .
“ We understand each other ’ s positions .
They remain far apart , ” she said .
She added that U.K. and EU negotiators will try to resolve the outstanding issues and make a decision by the end of the weekend .
British government sources were quoted by British media as saying “ large gaps remain between the two sides and it is still unclear @ @ @ @ @ @ @ Street said the talks were frank and set Sunday as a new deadline for a decision on the future of the talks .
EU national leaders are meeting Thursday and Friday for a regular summit .
Brexit is not on the agenda , but they are expected to be briefed by von der Leyen , who is the chief executive chosen and elected by EU institutions .
In recent days , Europe ’ s two most important leaders , German Chancellor Angela Merkel and French President Emmanuel Macron , have toughened their language @ @ @ @ @ @ @ is expected to lay out its plans Thursday to handle a no-deal Brexit .
Since the House of Commons in London voted to leave the EU nearly one year ago , Johnson ’ s government and the EU have been locked in negotiations over a trade deal that both sides say they want .
But the differences are great and Johnson has been unwilling to budge from a hard-core pro-Brexit stance that puts British sovereignty at the forefront .
He has the solid backing of a majority in the House of Commons where @ @ @ @ @ @ @ for the U.K. to not be bound by EU laws , rules and regulations .
On the EU side , European leaders insist that Great Britain must play by the same rules that the EU does if it wants to have unfettered access to the EU ’ s single market .
Fundamentally , EU leaders are concerned that unless it gets the U.K. to agree to abide by EU laws , standards and rules , British companies could undercut EU ones and give the U.K. an unfair advantage .
This is now the @ @ @ @ @ @ @ and unless a trade deal can be reached before the end of the year , customs checks and tariffs could be imposed between the U.K. and the EU .
One important exception to that is Northern Ireland , where a separate deal has been worked out to make sure the border between Ireland and Northern Ireland remains free of customs checks and tariffs .
That was done to avoid the possibility of reigniting sectarian conflict there .
A bitter no-deal divorce is viewed by many as a potentially disastrous scenario for Europe and @ @ @ @ @ @ @ getting hit much harder .
Already , Britain ’ s economy has been damaged by Brexit and it could suffer even more if trade barriers go up in the EU , its largest trading partner .
But Johnson and his fellow Brexiteers have for months downplayed the risk of a no-deal Brexit and insisted the U.K. will prosper outside of the EU ’ s regime .
The Tories believe that the U.K. can flourish by engaging in new trade deals around the world .
They also want out of the EU so that @ @ @ @ @ @ @ EU laws , rules and regulations .
In winning the premiership , Johnson said Britain needed to “ take back control.
” However , another major factor in Brits voting for Brexit was the desire to limit immigration into the country by both EU nationals and non-EU nationals .
Wednesday ’ s dinner was described as a potentially major moment for Johnson to win some wiggle room in the negotiations , but if that was his strategy it appeared to have fallen flat .
EU leaders have shown a lot of unity in @ @ @ @ @ @ @ appear ready to punish the U.K. for the way it has handled Brexit .
Before Johnson , the U.K. was on the verge of signing a deal that would have kept Britain closely aligned to the EU .
But that deal was rejected by a deeply divided House of Commons and led to the downfall of former Prime Minister Theresa May .
Pro-Brexit Tories elected Johnson to replace her and since his arrival in Downing Street the tone between the U.K. and EU has hardened .
Despite the harsh rhetoric and red lines @ @ @ @ @ @ @ have said for months that ultimately a trade deal would be reached .
But more recently , there is a growing sense that the two sides may indeed not be able to reach a deal before the Jan. 1 deadline .
Without a deal , the two sides would fall back on World Trade Organization terms , though negotiations would likely continue to find more agreeable trading terms and iron out differences .
Courthouse News reporter Cain Burdeau is based in the European Union .

The specter of the United Kingdom and the European Union formally cutting ties at the end of the year without even a bare-bones trade deal grew on Wednesday night after the two sides met in Brussels and failed to carve out much room for compromise.
(CN) — The specter of the United Kingdom and the European Union formally cutting ties at the end of the year without even a bare-bones trade deal grew on Wednesday night after the two sides met in Brussels and failed to carve out much room for compromise.
British Prime Minister Boris Johnson went to Brussels to hold discussions with European Commission President Ursula von der Leyen over a lengthy three-course dinner. Once the dinner was over, both sides issued gloomy statements saying that big differences remained. They did not speak to reporters after the dinner at the commission's Berlaymont headquarters.
The dinner menu itself became the subject of much speculation: Scallops were served as a main course (British and French fishermen routinely squabble over access to scallop fishing grounds off the coast of France and fishing rights in U.K. waters is a sticking point in trade talks) and pavlova was the dessert (this meringue-based treat is believed to have originated in Australia and Johnson often talks about a no-deal Brexit as trading with the EU as Australia does, something he calls the “Australia solution.”).
In a statement, von der Leyen called the discussion on the state of play in the negotiations “lively and interesting” but that a deal was not any closer.
“We understand each other’s positions. They remain far apart,” she said. She added that U.K. and EU negotiators will try to resolve the outstanding issues and make a decision by the end of the weekend.
British government sources were quoted by British media as saying “large gaps remain between the two sides and it is still unclear whether these can be bridged.” Downing Street said the talks were frank and set Sunday as a new deadline for a decision on the future of the talks.
EU national leaders are meeting Thursday and Friday for a regular summit. Brexit is not on the agenda, but they are expected to be briefed by von der Leyen, who is the chief executive chosen and elected by EU institutions.
In recent days, Europe's two most important leaders, German Chancellor Angela Merkel and French President Emmanuel Macron, have toughened their language about a trade deal. The EU is expected to lay out its plans Thursday to handle a no-deal Brexit.
Since the House of Commons in London voted to leave the EU nearly one year ago, Johnson's government and the EU have been locked in negotiations over a trade deal that both sides say they want.
But the differences are great and Johnson has been unwilling to budge from a hard-core pro-Brexit stance that puts British sovereignty at the forefront. He has the solid backing of a majority in the House of Commons where fellow Conservatives are fervent about the need for the U.K. to not be bound by EU laws, rules and regulations.
On the EU side, European leaders insist that Great Britain must play by the same rules that the EU does if it wants to have unfettered access to the EU's single market. Fundamentally, EU leaders are concerned that unless it gets the U.K. to agree to abide by EU laws, standards and rules, British companies could undercut EU ones and give the U.K. an unfair advantage.
This is now the major stumbling block between the two sides and unless a trade deal can be reached before the end of the year, customs checks and tariffs could be imposed between the U.K. and the EU.
One important exception to that is Northern Ireland, where a separate deal has been worked out to make sure the border between Ireland and Northern Ireland remains free of customs checks and tariffs. That was done to avoid the possibility of reigniting sectarian conflict there.
A bitter no-deal divorce is viewed by many as a potentially disastrous scenario for Europe and the U.K., though the U.K. risks getting hit much harder. Already, Britain's economy has been damaged by Brexit and it could suffer even more if trade barriers go up in the EU, its largest trading partner.
But Johnson and his fellow Brexiteers have for months downplayed the risk of a no-deal Brexit and insisted the U.K. will prosper outside of the EU's regime. The Tories believe that the U.K. can flourish by engaging in new trade deals around the world. They also want out of the EU so that Britain doesn't have to follow EU laws, rules and regulations.
In winning the premiership, Johnson said Britain needed to “take back control.” However, another major factor in Brits voting for Brexit was the desire to limit immigration into the country by both EU nationals and non-EU nationals.
Wednesday's dinner was described as a potentially major moment for Johnson to win some wiggle room in the negotiations, but if that was his strategy it appeared to have fallen flat. EU leaders have shown a lot of unity in their stance over the U.K. negotiations and appear ready to punish the U.K. for the way it has handled Brexit.
Before Johnson, the U.K. was on the verge of signing a deal that would have kept Britain closely aligned to the EU. But that deal was rejected by a deeply divided House of Commons and led to the downfall of former Prime Minister Theresa May. Pro-Brexit Tories elected Johnson to replace her and since his arrival in Downing Street the tone between the U.K. and EU has hardened.
Despite the harsh rhetoric and red lines, many political analysts and financial experts have said for months that ultimately a trade deal would be reached. But more recently, there is a growing sense that the two sides may indeed not be able to reach a deal before the Jan. 1 deadline.
Without a deal, the two sides would fall back on World Trade Organization terms, though negotiations would likely continue to find more agreeable trading terms and iron out differences.
Courthouse News reporter Cain Burdeau is based in the European Union.


Election Fallout

VENTURA , Calif. — GOP congressional candidate Ronda Baldwin-Kennedy — trounced in her bid for California ’ s District 26 @ @ @ @ @ her political consultants Tuesday , accusing them of doing nothing to help her win the @ @


courthousenews--2020-12-09--EPA Can’t Claw Back Names of ‘Happy Hour’ Oil Lobbyists

SAN FRANCISCO ( CN ) — The U.S. Environmental Protection Agency can not claw back documents it disclosed by mistake revealing the names of oil lobbyists who planned a chummy “ happy hour ” outing with EPA officials , a federal judge has ruled .
In a decision issued late Tuesday night , U.S. Magistrate Judge Joseph Spero found the EPA failed to show unveiling names and email addresses of lobbyists posed the kind of privacy or safety risk that would justify ordering the documents be returned .
The EPA argued that disclosing those details could make the lobbyists targets @ @ @ @ @ @ @ individual actors.
” Spero found no evidence that unmasking other lobbyists ’ names in FOIA-requested documents led to the kind of harassment that the EPA feared .
He further surmised that oil lobbyists probably know how to handle being contacted by the press , should the disclosure spark media interest .
“ It is not clear why the government affairs professionals at issue would be unaccustomed to handling a press inquiry or incapable of declining to comment if they so chose , ” Spero wrote in his 14-page ruling .
Spero ’ s @ @ @ @ @ @ @ lawsuit filed by the Sierra Club in 2018 over the EPA ’ s failure to disclose requested communications records for about 15 EPA employees , including senior officials , intergovernmental relations staff and the executive assistant to former EPA administrator Scott Pruitt .
In December 2018 , former U.S. Magistrate Judge Elizbeth Laporte ordered EPA to disclose the requested records to comply with the Freedom of Information Act ( FOIA ) .
Judge Spero was assigned the case after Laporte retired in 2019 .
Among the 50,000 pages of documents disclosed from December @ @ @ @ @ @ @ over a chain of emails from June 2018 pertaining to a “ happy hour ” get-together being planned between three oil lobbyists and two EPA officials .
The EPA officials were Jeff Freeland , special assistant to the president for legislative affairs , and former EPA intergovernmental affairs employee Charles Ringel , who now works for the U.S. State Department .
The lobbyists involved in the emails worked for Valero , Marathon Petroleum and the American Fuel and Petrochemical Manufacturers , an oil industry trade group .
The emails described plans for a @ @ @ @ @ @ @ game in late June 2018 .
The EPA said it intended to black out the lobbyists ’ names and parts of their email addresses that reveal their names , but it accidentally turned over versions of the documents missing those redactions .
Once it became aware of its mistake , EPA asked Sierra Club to return the inadvertently disclosed emails .
Sierra Club offered to return the records if EPA would only redact part of the email addresses .
That offer was rejected .
In October , EPA filed its motion to claw @ @ @ @ @ @ @ would “ constitute a clearly unwarranted invasion of personal privacy ” and provide no relevant information on the agency ’ s performance of its duties .
In his decision Tuesday , Spero found the agency did not “ meet its heavy burden ” to justify clawing back the accidentally disclosed emails .
“ Many mistakes by litigants have consequences , ” Spero wrote , adding that the court ’ s powers to grant extraordinary relief “ are not an appropriate tool to undo all such errors.
” FOIA does not specifically authorize the @ @ @ @ @ @ @ , but courts have granted claw backs in rare circumstances .
One such example occurred in 2009 when a federal judge in the Southern District of New York ordered the ACLU to return a classified document that was disclosed by mistake .
Spero found none of those few cases provided a compelling basis to claw back the EPA ’ s June 2018 “ Happy Hour ” emails .
“ While such an order might be a valid and necessary exercise of inherent authority in an appropriate case , the circumstances of this case @ @ @ @ @ @ @ , ” Spero wrote .
Though Spero offered no opinion on whether the lobbyist names can be withheld under FOIA , Sierra Club lawyer Elena Saxonhouse insisted the public has a strong interest in knowing what lobbyists are cozy with EPA officials .
“ The ultimate issue is not just their names , ” Saxonhouse said in a phone interview .
“ It ’ s whether these folks are using their close relationships to the oil industry ’ s advantage on particular policy issues.
” EPA officials and lobbyists have particularly close relationships @ @ @ @ @ @ @ , because many EPA officials used to work for the industries they are tasked with policing .
“ The need for transparency is particularly great given the people who are at EPA under this administration , ” Saxonhouse said .
Saxonhouse rated the EPA ’ s record on transparency under the Trump administration as “ not good , ” saying the Sierra Club has had to file multiple lawsuits to obtain requested documents .
Last year , environmental groups sued the EPA over new rules that opponents say makes it harder to obtain @ @ @ @ @ @ @ documents are withheld in violation of FOIA .
That suit was transferred from Northern California to the District of Columbia , where it remains pending .
The EPA did not immediately return an email requesting comment Wednesday .

The U.S. Environmental Protection Agency cannot claw back documents it disclosed by mistake revealing the names of oil lobbyists who planned a chummy “happy hour” outing with senior EPA officials, a federal judge has ruled.
SAN FRANCISCO (CN) — The U.S. Environmental Protection Agency cannot claw back documents it disclosed by mistake revealing the names of oil lobbyists who planned a chummy “happy hour” outing with EPA officials, a federal judge has ruled.
In a decision issued late Tuesday night, U.S. Magistrate Judge Joseph Spero found the EPA failed to show unveiling names and email addresses of lobbyists posed the kind of privacy or safety risk that would justify ordering the documents be returned.
The EPA argued that disclosing those details could make the lobbyists targets of harassment by the media or “individual actors.”
Spero found no evidence that unmasking other lobbyists’ names in FOIA-requested documents led to the kind of harassment that the EPA feared. He further surmised that oil lobbyists probably know how to handle being contacted by the press, should the disclosure spark media interest.
“It is not clear why the government affairs professionals at issue would be unaccustomed to handling a press inquiry or incapable of declining to comment if they so chose,” Spero wrote in his 14-page ruling.
Spero’s decision resolved the final dispute in a lawsuit filed by the Sierra Club in 2018 over the EPA’s failure to disclose requested communications records for about 15 EPA employees, including senior officials, intergovernmental relations staff and the executive assistant to former EPA administrator Scott Pruitt.
In December 2018, former U.S. Magistrate Judge Elizbeth Laporte ordered EPA to disclose the requested records to comply with the Freedom of Information Act (FOIA). Judge Spero was assigned the case after Laporte retired in 2019.
Among the 50,000 pages of documents disclosed from December 2018 to April 2020, EPA handed over a chain of emails from June 2018 pertaining to a “happy hour” get-together being planned between three oil lobbyists and two EPA officials.
The EPA officials were Jeff Freeland, special assistant to the president for legislative affairs, and former EPA intergovernmental affairs employee Charles Ringel, who now works for the U.S. State Department.
The lobbyists involved in the email chain were Chris Parinello of Valero, Michael Birsic of Marathon Petroleum and Cory Toth of American Fuel and Petrochemical Manufacturers, an industry trade group. The emails described plans for a night of drinking and watching a hockey game in late June 2018.
The EPA said it intended to black out the lobbyists’ names and parts of their email addresses that reveal their names, but it accidentally turned over versions of the documents missing those redactions.
Once it became aware of its mistake, EPA asked Sierra Club to return the inadvertently disclosed emails. Sierra Club offered to return the records if EPA would only redact part of the email addresses. That offer was rejected.
In October, EPA filed its motion to claw back the documents, arguing the disclosure would “constitute a clearly unwarranted invasion of personal privacy” and provide no relevant information on the agency’s performance of its duties.
In his decision Tuesday, Spero found the agency did not “meet its heavy burden” to justify clawing back the accidentally disclosed emails.
“Many mistakes by litigants have consequences,” Spero wrote, adding that the court’s powers to grant extraordinary relief “are not an appropriate tool to undo all such errors.”
FOIA does not specifically authorize the return or destruction of inadvertently disclosed records, but courts have granted claw backs in rare circumstances. One such example occurred in 2009 when a federal judge in the Southern District of New York ordered the ACLU to return a classified document that was disclosed by mistake.
Spero found none of those few cases provided a compelling basis to claw back the EPA’s June 2018 “Happy Hour” emails.
“While such an order might be a valid and necessary exercise of inherent authority in an appropriate case, the circumstances of this case do not warrant use of that power,” Spero wrote.
Though Spero offered no opinion on whether the lobbyist names can be withheld under FOIA, Sierra Club lawyer Elena Saxonhouse insisted the public has a strong interest in knowing what lobbyists are cozy with EPA officials.
“The ultimate issue is not just their names,” Saxonhouse said in a phone interview. “It’s whether these folks are using their close relationships to the oil industry’s advantage on particular policy issues.”
EPA officials and lobbyists have particularly close relationships under the Trump administration, she added, because many EPA officials used to work for the industries they are tasked with policing.
“The need for transparency is particularly great given the people who are at EPA under this administration,” Saxonhouse said.
Saxonhouse rated the EPA’s record on transparency under the Trump administration as “not good,” saying the Sierra Club has had to file multiple lawsuits to obtain requested documents.
Last year, environmental groups sued the EPA over new rules that opponents say make it harder to obtain records from the agency and expand what documents are withheld in violation of FOIA. That suit was transferred from Northern California to the District of Columbia, where it remains pending.
The EPA did not immediately return an email requesting comment Wednesday.


courthousenews--2020-12-09--California Courts Covid Update

California Courts Covid Update

Dec. 8 , 2020 : Notice to all appearing in Departments 7 and 13 Dec. 9 , 2020 : Clerk @ @ @ @ @ in-person visits until further notice , courtroom proceedings will continue to be virtual until further @ @ @ @ @ : Criminal jury trials continued until Jan. 11 , 2021 or after Dec. 7 , @ @ @ @ @ report Nov. 3 to Dec. 29 do not need to appear Dec. 3 , 2020 @ @ @ @ @ between Dec. 3 , 2020 and Jan. 31 , 2021 are to be vacated and @ @ @ @ @ : Amendment to local rules regarding delivery of documents electronically Dec. 8 , 2020 : @ @ @ @ @ remote operations only , and other procedural changes Dec. 9 , 2020 : Revision to @ @ @ @ @ trials and other in-person proceedings Dec. 8 , 2020 : Order renews suspension of jury @ @ @ @ @


Covid Vaccine

WASHINGTON — The government watchdog group American Oversight sued the Trump administration Wednesday , claiming Health and Human Services , @ @ @ @ @ the CDC have stonewalled its requests for communications with Pfizer about a coronavirus vaccine .


courthousenews--2020-12-09--Hunter Biden Faces Federal Tax Investigation

WASHINGTON ( CN ) — President-elect Joe Biden ’ s son Hunter said Wednesday his taxes are under investigation by federal prosecutors in Delaware , but details of the probe were not made available .
The investigation was made public just days before the former vice president ’ s victory over President Donald Trump is set to be formally certified by the Electoral College .
“ I learned yesterday for the first time that the U.S. Attorney ’ s Office in Delaware advised my legal counsel , also yesterday , that they are investigating my tax affairs , ” Hunter @ @ @ @ @ @ @ the Biden-Harris White House transition team .
He added , “ I take this matter very seriously but I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately , including with the benefit of professional tax advisers.
” Neither the Delaware U.S. Attorney ’ s Office nor the Justice Department have released any information on the case publicly , and prosecutors did not immediately return a request for comment .
Reports citing anonymous sources briefed on the tax investigation said it @ @ @ @ @ @ @ younger Biden had overseas , namely in China .
CNN reported Wednesday afternoon that two people familiar with the probe said it began in 2018 and could involve “ counterintelligence concerns.
” In early October , Trump ’ s personal attorney Rudy Giuliani – recently diagnosed with Covid-19 after traveling across the nation maskless to challenge the 2020 election results – made headlines by pedaling fake intelligence stories on Hunter Biden insinuating nefarious business or diplomatic ties to China .
The New York Post was first to run a story that month reporting @ @ @ @ @ @ @ to belong to Hunter Biden , that was obtained by a computer repair shop owner in Wilmington , Delaware .
But by late October , an investigation by NBC reporters Brandy Zadrozny and Ben Collins debunked a purported intelligence document making the rounds online that supposedly revealed ties between the incoming president ’ s son and the Chinese Communist Party .
The document ’ s author , the report found , was not even a real person but an amalgam of manipulated artificial intelligence .
Hunter Biden was also at the center of @ @ @ @ @ @ @ of Representatives after Democrats launched an inquiry into the president ’ s infamous call with Ukraine ’ s President Volodymyr Zelensky , in which Trump pressured his foreign counterpart into announcing an investigation of Joe and Hunter Biden .
Senate Republicans are still hanging on to their accusations against the former vice president ’ s son .
They released a report this fall claiming the Obama White House ignored what they called his problematic role on the board for Ukraine ’ s natural gas outfit , Burisma .
The Delaware prosecutor ’ s @ @ @ @ @ @ @ to China .
Last month , Senator Ron Johnson of Wisconsin told reporters he believed the FBI was “ possibly starting an investigation ” into Hunter Biden .
“ We had a hard enough time getting what evidence we got to even write a report and then all of the sudden , our report opened up this logjam , ” Johnson said at the time .
The Biden-Harris transition team said in a brief statement Wednesday that the president-elect is “ is deeply proud of his son , who has fought through difficult @ @ @ @ @ @ @ of recent months , only to emerge stronger .
”

President-elect Joe Biden’s son Hunter said Wednesday his taxes are under investigation by federal prosecutors in Delaware, but details of the probe were not made available.
WASHINGTON (CN) — President-elect Joe Biden’s son Hunter said Wednesday his taxes are under investigation by federal prosecutors in Delaware, but details of the probe were not made available.
The investigation was made public just days before the former vice president’s victory over President Donald Trump is set to be formally certified by the Electoral College.
“I learned yesterday for the first time that the U.S. Attorney’s Office in Delaware advised my legal counsel, also yesterday, that they are investigating my tax affairs,” Hunter Biden said in a statement issued by the Biden-Harris White House transition team.
He added, “I take this matter very seriously but I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately, including with the benefit of professional tax advisers.”
Neither the Delaware U.S. Attorney’s Office nor the Justice Department have released any information on the case publicly, and prosecutors did not immediately return a request for comment.
Reports citing anonymous sources briefed on the tax investigation said it could be related to business deals the younger Biden had overseas, namely in China. CNN reported Wednesday afternoon that two people familiar with the probe said it began in 2018 and could involve “counterintelligence concerns.”
In early October, Trump’s personal attorney Rudy Giuliani – recently diagnosed with Covid-19 after traveling across the nation maskless to challenge the 2020 election results – made headlines by pedaling fake intelligence stories on Hunter Biden insinuating nefarious business or diplomatic ties to China.
The New York Post was first to run a story that month reporting Giuliani received a hard drive, said to belong to Hunter Biden, that was obtained by a computer repair shop owner in Wilmington, Delaware.
But by late October, an investigation by NBC reporters Brandy Zadrozny and Ben Collins debunked a purported intelligence document making the rounds online that supposedly revealed ties between the incoming president’s son and the Chinese Communist Party. The document’s author, the report found, was not even a real person but an amalgam of manipulated artificial intelligence.
Hunter Biden was also at the center of Trump’s impeachment in the House of Representatives after Democrats launched an inquiry into the president’s infamous call with Ukraine’s President Volodymyr Zelensky, in which Trump pressured his foreign counterpart into announcing an investigation of Joe and Hunter Biden.
Senate Republicans are still hanging on to their accusations against the former vice president’s son. They released a report this fall claiming the Obama White House ignored what they called his problematic role on the board for Ukraine’s natural gas outfit, Burisma. The Delaware prosecutor’s probe is believed to only be connected to China.
Last month, Senator Ron Johnson of Wisconsin told reporters he believed the FBI was “possibly starting an investigation” into Hunter Biden.
“We had a hard enough time getting what evidence we got to even write a report and then all of the sudden, our report opened up this logjam,” Johnson said at the time.
The Biden-Harris transition team said in a brief statement Wednesday that the president-elect is “is deeply proud of his son, who has fought through difficult challenges, including the vicious personal attacks of recent months, only to emerge stronger.”


Sacramento Locking Down

SACRAMENTO , Calif. — The greater Sacramento region became the latest area in California to announce a Covid lockdown , @ @ @ @ @ after exceeding the state-mandated threshold for ICU capacity with 85 % of beds full .