courthousenews--2020-12-06--Trump Claims Victory in Georgia at Rally After Officials Confirm His Defeat

( CN ) — A day after Joe Biden officially secured enough electors to become president , outgoing President Donald Trump held a “ Victory Rally ” in Georgia Saturday night , uttering a multitude of false claims , including that he won the state .
“ You know we won Georgia , just so you understand , ” Trump said to the assembled mostly unmasked crowd shouting “ Four more years !
” in the southern Georgia city of Valdosta .
Biden won the state by about 12,000 votes .
The election results were certified Nov. 20 .
The @ @ @ @ @ @ @ a show of support for Republican Senators David Perdue and Kelly Loeffler ahead of January ’ s runoff election .
He again claimed the election in Georgia was “ rigged.
” “ They cheated and they rigged our presidential election … and they ’ re gon na try to rig this election too , ” he said .
Trump again stated without evidence that ballots cast for him were thrown out by election workers .
At one point , the president claimed he won the 2020 election by a larger margin than the @ @ @ @ @ @ @ than 74 million votes , less than Biden who had over 81 million .
He also lost the popular vote to Hillary Clinton in 2016 .
“ They ’ re trying to convince us that we lost .
We didn ’ t lose , ” Trump said .
“ They found a lot of ballots , to be nice about it , and they got rid of some too .
The 74 , let me tell you , the 74 could have been higher.
” Amid chants of “ Stop the steal ” @ @ @ @ @ @ @ the opportunity to take a shot at Georgia ’ s Republican Governor Brian Kemp , who Trump reportedly spoke to Saturday morning to ask to subvert the state ’ s election results .
“ Your governor could stop it very easily if he knew what the hell he was doing , ” Trump said .
Trump said ‘ we have so much evidence ” of voting fraud , even though his lawyers have failed to successfully convince a court of that among several lawsuits .
Of his post-election lawsuits , his campaign has @ @ @ @ @ @ @ His one victory was a case in Pennsylvania that challenged the moving of a deadline for voters to provide missing identification information .
His legal challenges have failed in Arizona , Georgia , Michigan , Nevada and Pennsylvania .
The president at times wavered between falsely claiming victory and unwittingly acknowledging his loss .
“ What we would have done in the next four years… and now we ’ re giving it all away , ” he said .
Early in the speech , President Trump made reference to his wins in Ohio @ @ @ @ @ @ @ the election despite winning those two states .
“ I think they say that if you win Florida and if you win Ohio , in history you ’ ve never lost an election .
This has got to be the first time , ” he said .
At one point , he said he would bow out if he believed he had lost the election .
“ If I lost , I ’ d be a very gracious loser , ” he said .
“ If I lost , I would say I @ @ @ @ @ @ @ about the Senate runoff election , urging his supporters to vote in January , calling it the “ most important congressional runoff , probably in American history.
” “ This election was rigged , and we can ’ t let it happen to two of the most respected people in Washington , ” he said .
Some of his Republican supporters have called for a boycott of the runoff election , buying into his claims that the election will be rigged .
The GOP risks losing its majority in the Senate if both @ @ @ @ @ @ @ Trump also made a number of false claims regarding the Covid-19 pandemic , including that people who had already been infected were immune to future infections .
Biden , who has already named some of his top cabinet picks , will be inaugurated Jan. 20 .

A day after Joe Biden officially secured enough electors to become president, outgoing President Donald Trump held a “Victory Rally” in Georgia Saturday night, uttering a multitude of false claims, including that he won the state.
(CN) — A day after Joe Biden officially secured enough electors to become president, outgoing President Donald Trump held a “Victory Rally” in Georgia Saturday night, uttering a multitude of false claims, including that he won the state.
“You know we won Georgia, just so you understand,” Trump said to the assembled mostly unmasked crowd shouting “Four more years!” in the southern Georgia city of Valdosta. Biden won the state by about 12,000 votes. The election results were certified Nov. 20.
The president traveled to the Peach State in a show of support for Republican Senators David Perdue and Kelly Loeffler ahead of January’s runoff election. He again claimed the election in Georgia was “rigged.”
"They cheated and they rigged our presidential election ... and they're gonna try to rig this election too,” he said.
Trump again stated without evidence that ballots cast for him were thrown out by election workers. At one point, the president claimed he won the 2020 election by a larger margin than the 2016 election. The president received more than 74 million votes, less than Biden who had over 81 million. He also lost the popular vote to Hillary Clinton in 2016.
“They’re trying to convince us that we lost. We didn’t lose,” Trump said. “They found a lot of ballots, to be nice about it, and they got rid of some too. The 74, let me tell you, the 74 could have been higher.”
Amid chants of “Stop the steal” from the crowd, President Trump took the opportunity to take a shot at Georgia’s Republican Governor Brian Kemp, who Trump reportedly spoke to Saturday morning to ask to subvert the state’s election results.
“Your governor could stop it very easily if he knew what the hell he was doing,” Trump said.
Trump said ‘we have so much evidence” of voting fraud, even though his lawyers have failed to successfully convince a court of that among several lawsuits.
Of his post-election lawsuits, his campaign has only won one and lost 46. His one victory was a case in Pennsylvania that challenged the moving of a deadline for voters to provide missing identification information. His legal challenges have failed in Arizona, Georgia, Michigan, Nevada and Pennsylvania.
The president at times wavered between falsely claiming victory and unwittingly acknowledging his loss.
“What we would have done in the next four years... and now we’re giving it all away,” he said.
Early in the speech, President Trump made reference to his wins in Ohio and Florida, inferring that he lost the election despite winning those two states.
"I think they say that if you win Florida and if you win Ohio, in history you've never lost an election. This has got to be the first time,” he said.
At one point, he said he would bow out if he believed he had lost the election.
"If I lost, I'd be a very gracious loser," he said. "If I lost, I would say I lost."
Trump spoke only a little about the Senate runoff election, urging his supporters to vote in January, calling it the “most important congressional runoff, probably in American history.”
“This election was rigged, and we can’t let it happen to two of the most respected people in Washington,” he said.
Some of his Republican supporters have called for a boycott of the runoff election, buying into his claims that the election will be rigged. The GOP risks losing its majority in the Senate if both seats are lost to the Democrats.
Trump also made a number of false claims regarding the Covid-19 pandemic, including that people who had already been infected were immune to future infections.
Biden, who has already named some of his top cabinet picks, will be inaugurated Jan. 20.


courthousenews--2020-12-06--In Georgia, Ossoff Attacks Perdue as Senator Skips Debate

ATLANTA ( AP ) — Democratic Senate challenger Jon Ossoff debated an empty podium Sunday , hammering Georgia Sen. David Perdue as a “ coward ” for skipping the pair ’ s lone scheduled debate ahead of twin Jan. 5 runoffs that will determine which party controls the Senate at the start of Democrat Joe Biden ’ s presidency .
Ossoff suggested Perdue , the first-term Republican whose prolific stock trading has drawn attention during the COVID-19 pandemic , left his podium vacant because he didn ’ t want to “ incriminate himself ” over his personal financial activities that @ @ @ @ @ @ @ abuse of power.
” “ It shows an astonishing arrogance and sense of entitlement for Georgia ’ s senior U.S. senator to believe he shouldn ’ t have to debate at a moment like this in our history , ” Ossoff said , criticizing Perdue for avoiding the debate as the coronavirus pandemic rages and Congress continues to be at loggerheads over a new round of economic relief .
Ossoff ’ s one-man show is the undercard for the evening .
Republican Sen. Kelly Loeffler and Democratic challenger Raphael Warnock are set to @ @ @ @ @ @ @ Republicans need to retain one of the seats to keep their Senate majority and stymie the Biden administration .
Democrats must sweep to position Vice President-elect Kamala Harris as the Senate ’ s tiebreaking vote .
The runoffs have put Georgia squarely in the national political spotlight , drawing tens of millions of dollars and a flood of field workers and volunteers from around the country .
President Donald Trump came to the state Saturday to campaign with both Republican senators in Valdosta .
Vice President Mike Pence appeared the day before in @ @ @ @ @ @ @ headlined a virtual rally for Democrats .
Biden , the first Democratic presidential candidate to win Georgia since 1992 , has promised to visit before the runoff , acknowledging that the outcome will shape the legislative reach of his presidency .
Republicans have embraced the national consequences , framing Ossoff and Warnock as harbingers of a socialist takeover of Washington .
Neither are socialists but the GOP wants to stoke its base for a second round of voting with the fear of Democrats controlling both ends of Pennsylvania Avenue .
Democrats already have @ @ @ @ @ @ @ Republican argument concedes Trump ’ s loss to Biden , even if the president himself has refused to acknowledge his defeat .
Beyond the national stakes , Ossoff has zeroed in on Perdue ’ s financial activities .
The Associated Press and other media have reported details of key trades Perdue made after members of Congress began receiving classified briefings about COVID-19 but while Perdue and other officials were downplaying its dangers in public .
Perdue ’ s trades also involved companies whose business activities fall under jurisdiction of some of the senator @ @ @ @ @ @ @ a moderator ’ s reminder that Senate ethics officials and the Department of Justice have not found any legal wrongdoing on Perdue ’ s part .
“ His blatant abuse of his power and privilege to enrich himself is disgraceful , ” Ossoff said .
“ He can ’ t defend the indefensible .
… The standard for our elected officials must be higher than merely evading prosecution.
” Both runoffs are required under Georgia state law because no candidate reached 50 % in November .
Perdue fell just short of defeating Ossoff @ @ @ @ @ @ @ slice of the vote , while Warnock led Loeffler in a 20-way field in which no candidate came close to 50 % .
Loeffler and Perdue rallied Saturday in Valdosta with Trump , who came to the state to support the candidates despite continuing questions over whether Trump ’ s unproven attacks on Georgia ’ s presidential balloting will cause some of his Republican supporters to shy away from voting in the runoffs .
Georgia Secretary of State Brad Raffensperger continued to defend the integrity of the presidential election Sunday .
As a @ @ @ @ @ @ @ s “ This Week ” that he wants Loeffler and Perdue to do well even though they both called for him to be removed from office , echoing Trump .
“ These distractions , this disunity , it does make it more difficult , ” Raffensperger said .
By JEFF AMY and BILL BARROW Associated Press

Democratic Senate challenger Jon Ossoff debated an empty podium Sunday, hammering Georgia Sen. David Perdue as a "coward" for skipping the pair's lone scheduled debate ahead of twin Jan. 5 runoffs that will determine which party controls the Senate at the start of Democrat Joe Biden's presidency.
ATLANTA (AP) — Democratic Senate challenger Jon Ossoff debated an empty podium Sunday, hammering Georgia Sen. David Perdue as a "coward" for skipping the pair's lone scheduled debate ahead of twin Jan. 5 runoffs that will determine which party controls the Senate at the start of Democrat Joe Biden's presidency.
Ossoff suggested Perdue, the first-term Republican whose prolific stock trading has drawn attention during the COVID-19 pandemic, left his podium vacant because he didn't want to "incriminate himself" over his personal financial activities that the challenger summed up as "cartoonish abuse of power."
"It shows an astonishing arrogance and sense of entitlement for Georgia's senior U.S. senator to believe he shouldn't have to debate at a moment like this in our history," Ossoff said, criticizing Perdue for avoiding the debate as the coronavirus pandemic rages and Congress continues to be at loggerheads over a new round of economic relief.
Ossoff's one-man show is the undercard for the evening. Republican Sen. Kelly Loeffler and Democratic challenger Raphael Warnock are set to share the stage later Sunday evening. Republicans need to retain one of the seats to keep their Senate majority and stymie the Biden administration. Democrats must sweep to position Vice President-elect Kamala Harris as the Senate's tiebreaking vote.
The runoffs have put Georgia squarely in the national political spotlight, drawing tens of millions of dollars and a flood of field workers and volunteers from around the country.
President Donald Trump came to the state Saturday to campaign with both Republican senators in Valdosta. Vice President Mike Pence appeared the day before in Savannah, as former President Barack Obama headlined a virtual rally for Democrats. Biden, the first Democratic presidential candidate to win Georgia since 1992, has promised to visit before the runoff, acknowledging that the outcome will shape the legislative reach of his presidency.
Republicans have embraced the national consequences, framing Ossoff and Warnock as harbingers of a socialist takeover of Washington. Neither are socialists but the GOP wants to stoke its base for a second round of voting with the fear of Democrats controlling both ends of Pennsylvania Avenue. Democrats already have protected their House majority, and the Republican argument concedes Trump's loss to Biden, even if the president himself has refused to acknowledge his defeat.
Beyond the national stakes, Ossoff has zeroed in on Perdue's financial activities. The Associated Press and other media have reported details of key trades Perdue made after members of Congress began receiving classified briefings about COVID-19 but while Perdue and other officials were downplaying its dangers in public. Perdue's trades also involved companies whose business activities fall under jurisdiction of some of the senator's committees.
Ossoff brushed aside a moderator's reminder that Senate ethics officials and the Department of Justice have not found any legal wrongdoing on Perdue's part.
"His blatant abuse of his power and privilege to enrich himself is disgraceful," Ossoff said. "He can't defend the indefensible. ... The standard for our elected officials must be higher than merely evading prosecution."
Both runoffs are required under Georgia state law because no candidate reached 50% in November. Perdue fell just short of defeating Ossoff because a Libertarian candidate won a small slice of the vote, while Warnock led Loeffler in a 20-way field in which no candidate came close to 50%.
Loeffler and Perdue rallied Saturday in Valdosta with Trump, who came to the state to support the candidates despite continuing questions over whether Trump's unproven attacks on Georgia's presidential balloting will cause some of his Republican supporters to shy away from voting in the runoffs.
Georgia Secretary of State Brad Raffensperger continued to defend the integrity of the presidential election Sunday. As a Republican, Raffensperger said on ABC's "This Week" that he wants Loeffler and Perdue to do well even though they both called for him to be removed from office, echoing Trump.
"These distractions, this disunity, it does make it more difficult," Raffensperger said.
By JEFF AMY and BILL BARROW Associated Press


courthousenews--2020-12-06--Rudy Giuliani Tests Positive for Covid-19

( CN ) — President Donald Trump on Sunday announced former New York City mayor and personal attorney Rudy Giuliani tested positive for Covid-19 after he spent the week traveling to battleground states to subvert Trump ’ s election loss .
In a tweet , the president said Giuliani “ has been working tirelessly exposing the most corrupt election ( by far ) in the history of the USA.
” “ Get better soon Rudy , we will carry on !
!
!
” Trump tweeted .
Giuliani has spent the past few weeks helping the president ’ s effort @ @ @ @ @ @ @ of voting fraud carried out by election officials .
He has also tied a conspiracy to rig the election to former Venezuelan President Hugo Chavez , who died in 2013 .
Giuliani , 76 , falls in the high-risk category for the coronavirus .
He was at a hearing at the Georgia Capitol Thursday without wearing a mask for the majority of the proceeding .
Georgia state Senator Jen Jordan , a Democrat who attended the hearing , said she was angry after finding out .
“ Little did I know that most @ @ @ @ @ @ @ week was Trump ’ s own lawyer , ” Jordan said in a tweet Sunday .
“ Giuliani — maskless , in packed hearing room for 7 hours .
To say I am livid would be too kind.
” He testified Wednesday night in Lansing , Michigan in a state legislative hearing where he asked lawmakers to appoint electors for Trump , even though the state had already certified Joe Biden as the winner .
He went maskless at that 4.5 hour hearing as well , even asking a witness to remove her @ @ @ @ @ @ @ better .
Giuliani ’ s infection comes after several White House administration officials were stricken with the virus .
Giuliani ’ s son , Andrew Giuliani , a White House aide , tested positive for the coronavirus last month .
“ I am experiencing mild symptoms , and am following all appropriate protocols , including being in quarantine and conducting contact tracing , ” Andrew Giuliani said in a tweet on Nov. 20 .
President Trump himself contracted the virus and had to be hospitalized in early October .
At a rally in @ @ @ @ @ @ @ falsely claimed that once a person is infected by Covid-19 , they are immune to future infections .
No other information has been released about Giuliani ’ s condition , including whether he is symptomatic .

President Donald Trump on Sunday announced former New York City mayor and personal attorney Rudy Giuliani tested positive for Covid-19 after he spent the week traveling to battleground states to subvert Trump’s election loss.
(CN) — President Donald Trump on Sunday announced former New York City mayor and personal attorney Rudy Giuliani tested positive for Covid-19 after he spent the week traveling to battleground states to subvert Trump’s election loss.
In a tweet, the president said Giuliani “has been working tirelessly exposing the most corrupt election (by far) in the history of the USA.”
“Get better soon Rudy, we will carry on!!!” Trump tweeted.
Giuliani has spent the past few weeks helping the president’s effort to overturn election results with unfounded claims of voting fraud carried out by election officials. He has also tied a conspiracy to rig the election to former Venezuelan President Hugo Chavez, who died in 2013.
Giuliani, 76, falls in the high-risk category for the coronavirus. He was at a hearing at the Georgia Capitol Thursday without wearing a mask for the majority of the proceeding.
Georgia state Senator Jen Jordan, a Democrat who attended the hearing, said she was angry after finding out.
“Little did I know that most credible death threat that I encountered last week was Trump’s own lawyer,” Jordan said in a tweet Sunday. “Giuliani — maskless, in packed hearing room for 7 hours. To say I am livid would be too kind.”
He testified Wednesday night in Lansing, Michigan in a state legislative hearing where he asked lawmakers to appoint electors for Trump, even though the state had already certified Joe Biden as the winner. He went maskless at that 4.5 hour hearing as well, even asking a witness to remove her mask so the legislators could hear her better.
Giuliani’s infection comes after several White House administration officials were stricken with the virus. Giuliani’s son, Andrew Giuliani, a White House aide, tested positive for the coronavirus last month.
“I am experiencing mild symptoms, and am following all appropriate protocols, including being in quarantine and conducting contact tracing,” Andrew Giuliani said in a tweet on Nov. 20.
President Trump himself contracted the virus and had to be hospitalized in early October. At a rally in Valdosta, Georgia Saturday night, Trump falsely claimed that once a person is infected by Covid-19, they are immune to future infections.
No other information has been released about Giuliani’s condition, including whether he is symptomatic.


courthousenews--2020-12-06--Lawmakers Say Covid Relief Bill Won’t Offer $1,200 Checks

WASHINGTON ( AP ) — With time running out , lawmakers on Sunday closed in on a proposed Covid-19 relief bill that would provide roughly $ 300 in extra federal weekly unemployment benefits but not another round of $ 1,200 in direct payments to most Americans , leaving that issue for President-elect Joe Biden to wrestle over with a new Congress next year .
The $ 908 billion aid package to be released Monday would be attached to a larger year-end spending bill needed to avert a government shutdown this coming weekend .
The cash payments were popular when they @ @ @ @ @ @ @ , and Biden on Friday had expressed hope that a second wave might come after weekend negotiations .
But senators involved in the talks said the checks won ’ t be included as part of the compromise , even as Sen. Bernie Sanders , I-Vt. , and others said that could cause them to oppose the measure .
Sen. Dick Durbin of Illinois , the second-ranking Democrat , indicated that excluding the checks while assuring small-business aid and renters ’ assistance was the only way to reach agreement with Republicans who are putting @ @ @ @ @ @ @ final price tag .
“ The $ 1,200 check , it cost we believe nationally $ 300 billion to give you an idea , ” he said .
“ The Democrats have always wanted a larger number , but we were told we couldn ’ t get anything through the Republicans , except this $ 900 billion level.
” The plan being worked on by a group of Republican and Democratic senators is less than half of the Democrats ’ push of $ 2.2 trillion and nearly double the $ 500 billion “ @ @ @ @ @ @ @ Leader Mitch McConnell , R-Ky. Sen. Bill Cassidy , R-La.
, agreed that a new round of direct checks “ may be a go ” at some point .
“ This is not a stimulus bill , it ’ s a relief bill , ” he said .
“ And it ’ s something for the next three to four months to help those in greatest need.
” Both he and Durbin said that McConnell has shown interest in the bipartisan effort , and Cassidy said he was hopeful that President Donald Trump @ @ @ @ @ @ @ proposal is expected to include about $ 300 per week in bonus federal unemployment payments , providing relief just as emergency aid payments at regular benefit levels are set to expire at year ’ s end .
It would extend a freeze on evictions for people who can not pay their rent and reauthorize the Paycheck Protection Program to give a second round of subsidies to businesses struggling through the pandemic .
Sanders and Rep. Alexandria Ocasio-Cortez , D-N.Y. , said last week they wouldn ’ t support the $ 908 billion proposal @ @ @ @ @ @ @ families , and were joined by Sen. Josh Hawley , R-Mo .
Sanders and Ocasio-Cortez are also against shielding businesses from lawsuits claiming negligence for COVID-19 outbreaks , a provision pushed by Republicans .
While favoring the $ 1,200 checks , Biden said the emerging compromise was “ immediately needed ” and that additional assistance could follow later .
On Sunday , lawmakers involved in the negotiations said the direct payments would have to wait until after Biden is inaugurated on Jan. 20 .
At that time , Biden will face a new @ @ @ @ @ @ @ with a narrowed Democratic majority in the House and a closely divided Senate potentially split 50-50 if Democrats are able to prevail in two runoff elections in Georgia on Jan. 5 .
Sen. Mark Warner , D-Va. , said Sanders was not involved in the negotiations and “ his characterization is just not accurate ” about the potential liability protections for businesses .
The direct payments , he said , will be a task for Biden .
Sen. Joe Manchin , D-W.Va. , said the bipartisan group was focused on extending the most @ @ @ @ @ @ @ .
“ Every indication says more money is needed ; we see that , ” he said .
“ This gets us through basically the lifelines that people need and the small businesses that can survive and not go under.
” Manchin said Biden ’ s team , when in power , “ can put together a different proposal that takes us further down the road for more recovery.
” Durbin spoke on ABC ’ s “ This Week , ” Cassidy appeared on “ Fox News Sunday , ” Warner was on @ @ @ @ @ @ @ Union ” and Manchin was interviewed on NBC ’ s “ Meet the Press .

With time running out, lawmakers on Sunday closed in on a proposed Covid-19 relief bill that would provide roughly $300 in extra federal weekly unemployment benefits but not another round of $1,200 in direct payments to most Americans, leaving that issue for President-elect Joe Biden to wrestle over with a new Congress next year.
WASHINGTON (AP) — With time running out, lawmakers on Sunday closed in on a proposed Covid-19 relief bill that would provide roughly $300 in extra federal weekly unemployment benefits but not another round of $1,200 in direct payments to most Americans, leaving that issue for President-elect Joe Biden to wrestle over with a new Congress next year.
The $908 billion aid package to be released Monday would be attached to a larger year-end spending bill needed to avert a government shutdown this coming weekend.
The cash payments were popular when they were first distributed after the pandemic hit, and Biden on Friday had expressed hope that a second wave might come after weekend negotiations.
But senators involved in the talks said the checks won't be included as part of the compromise, even as Sen. Bernie Sanders, I-Vt., and others said that could cause them to oppose the measure.
Sen. Dick Durbin of Illinois, the second-ranking Democrat, indicated that excluding the checks while assuring small-business aid and renters' assistance was the only way to reach agreement with Republicans who are putting firm limits on the bill's final price tag.
"The $1,200 check, it cost we believe nationally $300 billion to give you an idea," he said. "The Democrats have always wanted a larger number, but we were told we couldn't get anything through the Republicans, except this $900 billion level."
The plan being worked on by a group of Republican and Democratic senators is less than half of the Democrats' push of $2.2 trillion and nearly double the $500 billion "targeted" package proposed by Senate Majority Leader Mitch McConnell, R-Ky.
Sen. Bill Cassidy, R-La., agreed that a new round of direct checks "may be a go" at some point. "This is not a stimulus bill, it's a relief bill," he said. "And it's something for the next three to four months to help those in greatest need."
Both he and Durbin said that McConnell has shown interest in the bipartisan effort, and Cassidy said he was hopeful that President Donald Trump would embrace it as well.
The proposal is expected to include about $300 per week in bonus federal unemployment payments, providing relief just as emergency aid payments at regular benefit levels are set to expire at year's end. It would extend a freeze on evictions for people who cannot pay their rent and reauthorize the Paycheck Protection Program to give a second round of subsidies to businesses struggling through the pandemic.
Still, potential sticking points remain.
Sanders and Rep. Alexandria Ocasio-Cortez, D-N.Y., said last week they wouldn't support the $908 billion proposal if it did not include checks for families, and were joined by Sen. Josh Hawley, R-Mo. Sanders and Ocasio-Cortez are also against shielding businesses from lawsuits claiming negligence for COVID-19 outbreaks, a provision pushed by Republicans.
While favoring the $1,200 checks, Biden said the emerging compromise was "immediately needed" and that additional assistance could follow later.
On Sunday, lawmakers involved in the negotiations said the direct payments would have to wait until after Biden is inaugurated on Jan. 20. At that time, Biden will face a new Congress as vaccines are being distributed, with a narrowed Democratic majority in the House and a closely divided Senate potentially split 50-50 if Democrats are able to prevail in two runoff elections in Georgia on Jan. 5.
Sen. Mark Warner, D-Va., said Sanders was not involved in the negotiations and "his characterization is just not accurate" about the potential liability protections for businesses. The direct payments, he said, will be a task for Biden.
Sen. Joe Manchin, D-W.Va., said the bipartisan group was focused on extending the most urgent aid for the next four months.
"Every indication says more money is needed; we see that," he said. "This gets us through basically the lifelines that people need and the small businesses that can survive and not go under."
Manchin said Biden's team, when in power, "can put together a different proposal that takes us further down the road for more recovery."
Durbin spoke on ABC's "This Week," Cassidy appeared on "Fox News Sunday," Warner was on CNN's "State of the Union" and Manchin was interviewed on NBC's "Meet the Press.
By HOPE YEN Associated Press


courthousenews--2020-12-06--Last-Ditch Post-Brexit Trade Talks to Resume Between EU, UK

BRUSSELS ( AP ) — European Union and British negotiators Sunday entered what is potentially the final attempt to strike a deal over future trade ties , even though “ significant differences remain ” on three essential points .
With less than four weeks remaining before the Jan. 1 cutoff day , the negotiators might have less than 48 hours to clinch a breakthrough because European Commission President Ursula von der Leyen and British Prime Minister Boris Johnson will assess late Monday if there is any point in continuing .
While the U.K. left the EU on Jan. 31 , @ @ @ @ @ @ @ tariff-free single market and customs union through Dec. 31 .
Reaching a trade deal by then would ensure there are no tariffs and trade quotas on goods exported or imported by the two sides , although there would still be technical costs , partly associated with customs checks and non-tariff barriers on services .
Britain ’ s main negotiator , David Frost , arrived on a high-speed Eurostar train Sunday and said that “ we are going to see what happens , ” amid an ever gloomier outlook that a breakthrough could be @ @ @ @ @ @ @ Minister Simon Coveney of Ireland , which stands to lose most in case of a no-deal exit , told RTE broadcater that “ we ’ re in a difficult place as we try to close it out.
” The new negotiating session was authorized after a phone call between von der Leyen and Johnson on Saturday , where the two leaders noted that fundamental differences between the two sides remain over a “ level playing field ” — the standards the U.K. must meet to export into the bloc — how future disputes @ @ @ @ @ @ @ trawlers in U.K. waters .
Still , they said a “ further effort should be undertaken by our negotiating teams to assess whether they can be resolved.
” Johnson and von der Leyen said they would talk again and underlined that “ no agreement is feasible if these issues are not resolved.
” Speed is now of the essence since EU member states have to unanimously support any deal .
EU chief negotiator Barnier has been invited to a pre-dawn briefing of EU ambassadors on Monday , as the bloc ’ s 27 @ @ @ @ @ @ @ chances are of getting a deal before EU leaders arrive in Brussels for a two-day summit starting Thursday .
British Environment Secretary George Eustice warned that the talks were “ very difficult ” after what he described as a series of “ setbacks , ” notably “ ludicrous ” demands by the EU on future fishing rights .
Both sides would suffer economically from a failure to secure a trade deal , but most economists think the British economy would take a greater hit , at least in the short-term , as it @ @ @ @ @ @ @ the EU than vice versa .
The talks would surely have collapsed by now were the interests and economic costs at stake not so massive .
But because the EU is an economic power of 450 million people and Britain has major diplomatic and security interests beyond its own commercial might , the two sides want to explore every last chance to get a deal before they become acrimonious rivals .
The main problem at the heart of the negotiations is how to reconcile how Britain wrests itself free of EU rules and @ @ @ @ @ @ @ country , however important , should get easy access to its lucrative market by undercutting its high environmental and social standards .
The politically charged issue of fisheries also continues to play an outsized role .
The EU has demanded widespread access to U.K. fishing grounds that historically have been open to foreign trawlers .
But in Britain , gaining control of the fishing grounds was a main issue for the Brexiteers who pushed for the country to leave the EU .
By RAF CASERT and PAN PYLAS Associated Press

European Union and British negotiators Sunday entered what is potentially the final attempt to strike a deal over future trade ties, even though "significant differences remain" on three essential points.
BRUSSELS (AP) — European Union and British negotiators Sunday entered what is potentially the final attempt to strike a deal over future trade ties, even though "significant differences remain" on three essential points.
With less than four weeks remaining before the Jan. 1 cutoff day, the negotiators might have less than 48 hours to clinch a breakthrough because European Commission President Ursula von der Leyen and British Prime Minister Boris Johnson will assess late Monday if there is any point in continuing.
While the U.K. left the EU on Jan. 31, it remains within the bloc's tariff-free single market and customs union through Dec. 31. Reaching a trade deal by then would ensure there are no tariffs and trade quotas on goods exported or imported by the two sides, although there would still be technical costs, partly associated with customs checks and non-tariff barriers on services.
Britain's main negotiator, David Frost, arrived on a high-speed Eurostar train Sunday and said that "we are going to see what happens," amid an ever gloomier outlook that a breakthrough could be achieved on all outstanding points.
Foreign Minister Simon Coveney of Ireland, which stands to lose most in case of a no-deal exit, told RTE broadcater that "we're in a difficult place as we try to close it out."
The new negotiating session was authorized after a phone call between von der Leyen and Johnson on Saturday, where the two leaders noted that fundamental differences between the two sides remain over a "level playing field" — the standards the U.K. must meet to export into the bloc — how future disputes are resolved and fishing rights for EU trawlers in U.K. waters.
Still, they said a "further effort should be undertaken by our negotiating teams to assess whether they can be resolved." Johnson and von der Leyen said they would talk again and underlined that "no agreement is feasible if these issues are not resolved."
Speed is now of the essence since EU member states have to unanimously support any deal. EU chief negotiator Barnier has been invited to a pre-dawn briefing of EU ambassadors on Monday, as the bloc's 27 nations want to fully grasp what the chances are of getting a deal before EU leaders arrive in Brussels for a two-day summit starting Thursday.
British Environment Secretary George Eustice warned that the talks were "very difficult" after what he described as a series of "setbacks," notably "ludicrous" demands by the EU on future fishing rights.
Both sides would suffer economically from a failure to secure a trade deal, but most economists think the British economy would take a greater hit, at least in the short-term, as it is relatively more reliant on trade with the EU than vice versa.
The talks would surely have collapsed by now were the interests and economic costs at stake not so massive. But because the EU is an economic power of 450 million people and Britain has major diplomatic and security interests beyond its own commercial might, the two sides want to explore every last chance to get a deal before they become acrimonious rivals.
The main problem at the heart of the negotiations is how to reconcile how Britain wrests itself free of EU rules and the bloc's insistence that no country, however important, should get easy access to its lucrative market by undercutting its high environmental and social standards.
The politically charged issue of fisheries also continues to play an outsized role. The EU has demanded widespread access to U.K. fishing grounds that historically have been open to foreign trawlers. But in Britain, gaining control of the fishing grounds was a main issue for the Brexiteers who pushed for the country to leave the EU.
By RAF CASERT and PAN PYLAS Associated Press


courthousenews--2020-12-06--US Navy Official Says ‘Uneasy Deterrence’ Reached With Iran

DUBAI , United Arab Emirates ( AP ) — The top U.S. Navy official in the Mideast said Sunday that America has reached an “ uneasy deterrence ” with Iran after months of regional attacks and seizures at sea , even as tensions remain high between Washington and Tehran over the Islamic Republic ’ s nuclear program .
Vice Adm. Sam Paparo , who oversees the Navy ’ s 5th Fleet based in Bahrain , struck an academic tone in comments to the annual Manama Dialogue hosted by the International Institute for Strategic Studies .
He described having a “ @ @ @ @ @ @ @ s regular navy and the naval forces of its paramilitary Revolutionary Guard .
“ We have achieved an uneasy deterrence .
That uneasy deterrence is exacerbated by world events and by events along the way , ” the vice admiral said .
“ But I have found Iranian activity at sea to be cautious and circumspect and respectful , to not risk unnecessary miscalculation or escalation at sea.
” While Iran has not directly seized or targeted a tanker in recent months as it did last year , a mine struck an oil @ @ @ @ @ @ @ ship near Yemen came under assault in recent days .
Suspicion immediately fell on Yemen ’ s Iranian-backed Houthi rebels for being behind both attacks .
The Houthis have not commented on either .
Paparo , a former Navy fighter pilot who most recently served as director of operations at the U.S. military ’ s Central Command , offered a different stance than his immediate predecessor , Vice Adm. James Malloy .
In one of his last comments to journalists in August , Malloy referred to Iran as “ reckless and provocative ” @ @ @ @ @ @ @ to “ lower the denominator until they ’ re sure that they can look like they ’ ve won something.
” Malloy ’ s tenure saw oil tankers seized by Iran and a series of limpet mine explosions targeting tankers that the Navy blamed on Iran .
Tehran denied being involved , though Revolutionary Guard members were filmed taking an unexploded mine away from one tanker .
By contrast , the several months that Paparo ’ s been in charge have not seen any major crises .
The U.S. Navy routinely has tense @ @ @ @ @ @ @ speed boats race alongside American warships in the Persian Gulf and sometimes conduct live-fire drills with machine guns and missile launches in their presence .
The Guard typically patrols the shallower waters of the Persian Gulf and its narrow mouth , the Strait of Hormuz .
Iran ’ s regular navy largely operates in the Gulf of Oman and the Arabian Sea .
While previous commanders have made a point to differentiate between the professionalism of the two , Paparo dismissed it as an “ old idea ” that included a lingering belief @ @ @ @ @ @ @ Iran ’ s former shah , who was toppled in the 1979 Islamic Revolution .
“ Forty-one years into the revolution , I think we can dispense with that notion , ” the vice admiral said .
“ I sincerely doubt there ’ s a difference among them.
” Asked about Paparo ’ s comments , Alireza Miryousefi , a spokesman for Iran ’ s mission to the United Nations , said all of Iran ’ s naval forces “ have always conducted themselves in the utmost professional manner while patrolling in our @ @ @ @ @ @ @ ” “ Any suggestion to the otherwise is categorically false , ” Miryousefi told The Associated Press .
“ The question that should be raised is , what is the U.S. Navy doing 7,000 miles from its territorial waters ?
” The 5th Fleet long has patrolled the Mideast as part of a mission to ensure energy supplies can pass through crucial regional chokepoints , like the Strait of Hormuz , through which a fifth of all oil passes .
Iranian officials in the past have threatened to close the strait .
Paparo @ @ @ @ @ @ @ Fleet ’ s mission would be affected by the Navy potentially reconstituting a 1st Fleet responsible for the Indian Ocean .
Still , Paparo ’ s remarks carried a clear warning , quoting former U.S. Defense Secretary Jim Mattis at one point .
“ Be polite , be professional and have a plan to kill everyone in the room , ” he said .
“ That ’ s how we conduct ourselves at sea .
”

The top U.S. Navy official in the Mideast said Sunday that America has reached an "uneasy deterrence" with Iran after months of regional attacks and seizures at sea, even as tensions remain high between Washington and Tehran over the Islamic Republic's nuclear program.
DUBAI, United Arab Emirates (AP) — The top U.S. Navy official in the Mideast said Sunday that America has reached an "uneasy deterrence" with Iran after months of regional attacks and seizures at sea, even as tensions remain high between Washington and Tehran over the Islamic Republic's nuclear program.
Vice Adm. Sam Paparo, who oversees the Navy's 5th Fleet based in Bahrain, struck an academic tone in comments to the annual Manama Dialogue hosted by the International Institute for Strategic Studies. He described having a "healthy respect" for both Iran's regular navy and the naval forces of its paramilitary Revolutionary Guard.
"We have achieved an uneasy deterrence. That uneasy deterrence is exacerbated by world events and by events along the way," the vice admiral said. "But I have found Iranian activity at sea to be cautious and circumspect and respectful, to not risk unnecessary miscalculation or escalation at sea."
While Iran has not directly seized or targeted a tanker in recent months as it did last year, a mine struck an oil tanker off Saudi Arabia and a cargo ship near Yemen came under assault in recent days. Suspicion immediately fell on Yemen's Iranian-backed Houthi rebels for being behind both attacks. The Houthis have not commented on either.
Paparo, a former Navy fighter pilot who most recently served as director of operations at the U.S. military's Central Command, offered a different stance than his immediate predecessor, Vice Adm. James Malloy. In one of his last comments to journalists in August, Malloy referred to Iran as "reckless and provocative" and always trying in dramatic naval drills to "lower the denominator until they're sure that they can look like they've won something."
Malloy's tenure saw oil tankers seized by Iran and a series of limpet mine explosions targeting tankers that the Navy blamed on Iran. Tehran denied being involved, though Revolutionary Guard members were filmed taking an unexploded mine away from one tanker.
By contrast, the several months that Paparo's been in charge have not seen any major crises.
The U.S. Navy routinely has tense encounters with the Revolutionary Guard, whose speed boats race alongside American warships in the Persian Gulf and sometimes conduct live-fire drills with machine guns and missile launches in their presence.
The Guard typically patrols the shallower waters of the Persian Gulf and its narrow mouth, the Strait of Hormuz. Iran's regular navy largely operates in the Gulf of Oman and the Arabian Sea. While previous commanders have made a point to differentiate between the professionalism of the two, Paparo dismissed it as an "old idea" that included a lingering belief that the service was still loyal to Iran's former shah, who was toppled in the 1979 Islamic Revolution.
"Forty-one years into the revolution, I think we can dispense with that notion," the vice admiral said. "I sincerely doubt there's a difference among them."
Asked about Paparo's comments, Alireza Miryousefi, a spokesman for Iran's mission to the United Nations, said all of Iran's naval forces "have always conducted themselves in the utmost professional manner while patrolling in our territorial waters and the greater Persian Gulf."
"Any suggestion to the otherwise is categorically false," Miryousefi told The Associated Press. "The question that should be raised is, what is the U.S. Navy doing 7,000 miles from its territorial waters?"
The 5th Fleet long has patrolled the Mideast as part of a mission to ensure energy supplies can pass through crucial regional chokepoints, like the Strait of Hormuz, through which a fifth of all oil passes. Iranian officials in the past have threatened to close the strait.
Paparo said he did not believe the 5th Fleet's mission would be affected by the Navy potentially reconstituting a 1st Fleet responsible for the Indian Ocean.
Still, Paparo's remarks carried a clear warning, quoting former U.S. Defense Secretary Jim Mattis at one point.
"Be polite, be professional and have a plan to kill everyone in the room," he said. "That's how we conduct ourselves at sea."
By JON GAMBRELL Associated Press


courthousenews--2020-12-06--UK Gears Up for Huge Vaccination Plan Watched by the World

LONDON ( AP ) — Final checks were taking place Sunday on the deliveries of the coronavirus vaccine developed by American drugmaker Pfizer and Germany ’ s BioNTech before its rollout to hospitals across the U.K. in super-cold containers .
Around 800,000 doses of the vaccine are expected to be in place for the start of the immunization program on Tuesday , which will be the country ’ s biggest ever and which is being closely watched all around the world .
British Health Secretary Matt Hancock has reportedly dubbed Tuesday as “ V-Day , ” a nod to triumphs @ @ @ @ @ @ @ the huge complexities , hospitals will kickstart the first phase of the largest scale vaccination campaign in our country ’ s history from Tuesday , ” said Professor Stephen Powis , NHS England ’ s national medical director .
“ The first tranche of vaccine deliveries will be landing at hospitals by Monday in readiness.
” Last week the U.K. became the first country to authorize the Pfizer-BioNtech vaccine for emergency use .
In trials , the vaccine was shown to have around 95 % efficacy .
Vaccinations will be administered starting Tuesday @ @ @ @ @ @ @ .
Scotland , Wales and Northern Ireland will also begin their vaccination rollouts the same day .
Governments and health agencies around the world will be monitoring the British vaccination program , which will take months , to note its successes and failures and adjust their own plans accordingly .
The United States hopes to start vaccinations later this month .
British regulatory authorities are also examining data on the vaccines from American biotechnology company Moderna and AstraZeneca-Oxford University .
Russia on Saturday began vaccinating thousands of doctors , teachers and others at @ @ @ @ @ @ @ Russian-made Sputnik V vaccine , which was approved over the summer after being tested in only a few dozen people .
The excitement in Britain , which has Europe ’ s highest virus-related death toll at more than 61,000 , was palpable .
“ This coming week will be an historic moment as we begin vaccination against COVID-19 , ” said Hancock .
Patients aged 80 and above who are already attending hospitals as outpatients and those being discharged after a stay in the hospital will be among the first to receive the @ @ @ @ @ @ @ over 80s in for a vaccine shot and will work with nursing homes to book staff into vaccination clinics .
Any appointments not taken up will be offered to those health workers deemed to be at the highest risk of COVID-19 .
Everyone who is vaccinated will need a booster jab 21 days later .
Buckingham Palace refused to comment on speculation that Queen Elizabeth II , 94 , and her 99-year-old husband , Prince Philip , will soon be vaccinated and then make it public , a move that could reassure anyone @ @ @ @ @ @ @ Our goal is totally to protect every member of the population , Her Majesty , of course , as well , ” Dr. June Raine , chief executive of Britain ’ s Medicines and Healthcare products Regulatory Agency , which authorized the vaccine , told the BBC .
The U.K. has secured 40 million doses of the Pfizer vaccine , which can cover 20 million people .
Since the British government will only immunize people over 16 , around 55 million people in the U.K. will be eligible .
In total , Britain @ @ @ @ @ @ @ vaccine candidates , including 100 million of the much cheaper Oxford vaccine , which has a lower efficacy rate than the Pfizer or Moderna vaccines .
Now that the first tranche of the vaccine has arrived from Pfizer ’ s manufacturing plant in Belgium , checks are being conducted by a specialist medical logistics company to ensure there was no damage in transit .
This could take up to a day .
Each box containing the vaccines , which includes five packs of 975 doses , will need to be opened and unpacked @ @ @ @ @ @ @ that , the vaccines will then be made available to hospitals .
Delivering the Pfizer-BioNTech vaccine is complicated because it needs to be stored at super-chilled temperatures : about minus 70 degrees Celsius ( minus 94 degrees Fahrenheit ) .
Fortunately , the vaccine is stable at normal refrigerator temperatures , between 2 and 8 degrees Celsius ( 35.6 to 46.4 F ) , for a few days , meaning it can be stored locally .
After defrosting the vaccine , which takes a few hours , additional time is required to prepare @ @ @ @ @ @ @ .
Public Health England has secured 58 special Twin Guard ultra-low temperature freezers that provide sufficient storage for approximately five million doses .
The fridges , which are not portable , each hold around 86,000 doses .
The vaccine won ’ t just be provided by hospitals .
Local doctors ’ offices and other local health care centers are being put on standby to start delivering the vaccine , with a small number expected to do so the week of Dec. 14 .
More medical practices in more parts of the country will @ @ @ @ @ @ @ the coming months .
There are plans for vaccination centers treating large numbers of patients in sports areas and conference centers and for local pharmacies to be able to offer the jabs as they do with annual influenza shots .
Although nursing home residents top the prioritization list given to the British government by the independent Joint Committee on Vaccination and Immunization , they won ’ t be getting the vaccinations straight away , as the vaccine packs of 975 doses can not yet be divided , making it very difficult to deliver @ @ @ @ @ @ @ NHS hopes authorities will soon approve a safe way of splitting up the dose packs so the shots can get to nursing homes during December .
During the first phase of the immunization program , Britain has created nine separate groups in its prioritization list down to those aged 50 and above .
Overall , it hopes that up to 99 % of people most at risk of dying from COVID 19 will have been immunized during the first phase .

Final checks were taking place Sunday on the deliveries of the coronavirus vaccine developed by American drugmaker Pfizer and Germany's BioNTech before its rollout to hospitals across the U.K. in super-cold containers.
LONDON (AP) — Final checks were taking place Sunday on the deliveries of the coronavirus vaccine developed by American drugmaker Pfizer and Germany's BioNTech before its rollout to hospitals across the U.K. in super-cold containers.
Around 800,000 doses of the vaccine are expected to be in place for the start of the immunization program on Tuesday, which will be the country's biggest ever and which is being closely watched all around the world. British Health Secretary Matt Hancock has reportedly dubbed Tuesday as "V-Day," a nod to triumphs in World War II.
"Despite the huge complexities, hospitals will kickstart the first phase of the largest scale vaccination campaign in our country's history from Tuesday," said Professor Stephen Powis, NHS England's national medical director. "The first tranche of vaccine deliveries will be landing at hospitals by Monday in readiness."
Last week the U.K. became the first country to authorize the Pfizer-BioNtech vaccine for emergency use. In trials, the vaccine was shown to have around 95% efficacy. Vaccinations will be administered starting Tuesday at around 50 hospital hubs in England. Scotland, Wales and Northern Ireland will also begin their vaccination rollouts the same day.
Governments and health agencies around the world will be monitoring the British vaccination program, which will take months, to note its successes and failures and adjust their own plans accordingly. The United States hopes to start vaccinations later this month. British regulatory authorities are also examining data on the vaccines from American biotechnology company Moderna and AstraZeneca-Oxford University.
Russia on Saturday began vaccinating thousands of doctors, teachers and others at dozens of centers in Moscow with its Russian-made Sputnik V vaccine, which was approved over the summer after being tested in only a few dozen people.
The excitement in Britain, which has Europe's highest virus-related death toll at more than 61,000, was palpable.
"This coming week will be an historic moment as we begin vaccination against COVID-19," said Hancock.
Patients aged 80 and above who are already attending hospitals as outpatients and those being discharged after a stay in the hospital will be among the first to receive the jab. Hospitals will also start inviting over 80s in for a vaccine shot and will work with nursing homes to book staff into vaccination clinics. Any appointments not taken up will be offered to those health workers deemed to be at the highest risk of COVID-19. Everyone who is vaccinated will need a booster jab 21 days later.
Buckingham Palace refused to comment on speculation that Queen Elizabeth II, 94, and her 99-year-old husband, Prince Philip, will soon be vaccinated and then make it public, a move that could reassure anyone nervous about getting a vaccination.
"Our goal is totally to protect every member of the population, Her Majesty, of course, as well," Dr. June Raine, chief executive of Britain's Medicines and Healthcare products Regulatory Agency, which authorized the vaccine, told the BBC.
The U.K. has secured 40 million doses of the Pfizer vaccine, which can cover 20 million people. Since the British government will only immunize people over 16, around 55 million people in the U.K. will be eligible. In total, Britain has procured 357 million doses of seven vaccine candidates, including 100 million of the much cheaper Oxford vaccine, which has a lower efficacy rate than the Pfizer or Moderna vaccines.
Now that the first tranche of the vaccine has arrived from Pfizer's manufacturing plant in Belgium, checks are being conducted by a specialist medical logistics company to ensure there was no damage in transit. This could take up to a day.
Each box containing the vaccines, which includes five packs of 975 doses, will need to be opened and unpacked manually at specially licensed sites. The vaccines will then be made available to hospitals.
Delivering the Pfizer-BioNTech vaccine is complicated because it needs to be stored at super-chilled temperatures: about minus 70 degrees Celsius (minus 94 degrees Fahrenheit). Fortunately, the vaccine is stable at normal refrigerator temperatures, between 2 and 8 degrees Celsius (35.6 to 46.4 F), for a few days, meaning it can be stored locally. After defrosting the vaccine, which takes a few hours, additional time is required to prepare it to be given in a shot.
Public Health England has secured 58 special Twin Guard ultra-low temperature freezers that provide sufficient storage for approximately five million doses. The fridges, which are not portable, each hold around 86,000 doses.
The vaccine won't just be provided by hospitals. Local doctors' offices and other local health care centers are being put on standby to start delivering the vaccine, with a small number expected to do so the week of Dec. 14. More medical practices in more parts of the country will be phased in during December and in the coming months.
There are plans for vaccination centers treating large numbers of patients in sports arenas and conference centers and for local pharmacies to be able to offer the jabs as they do with annual influenza shots.
Although nursing home residents top the prioritization list given to the British government by the independent Joint Committee on Vaccination and Immunization, they won't be getting the vaccinations straight away, as the vaccine packs of 975 doses cannot yet be divided, making it very difficult to deliver vaccines to individual care homes.
The NHS hopes authorities will soon approve a safe way of splitting up the dose packs so the shots can get to nursing homes during December.
During the first phase of the immunization program, Britain has created nine separate groups in its prioritization list down to those aged 50 and above. Overall, it hopes that up to 99% of people most at risk of dying from COVID 19 will have been immunized during the first phase.
By PAN PYLAS Associated Press


courthousenews--2020-12-06--Sheriff: Defiant NYC Bar Owner Struck Deputy With His Car

NEW YORK ( AP ) — The co-owner of a New York City bar that authorities said has been defying coronavirus restrictions was taken into custody early Sunday after running over a deputy with a car , authorities said .
Danny Presti tried to drive away from his bar , Mac ’ s Public House , as deputies were arresting him for serving patrons in violation of city and state closure orders , Sheriff Joseph Fucito said .
Deputies attempted to arrest Presti as he left the bar early Sunday , but Presti got into his car , struck a @ @ @ @ @ @ @ yards even as the deputy was left hanging onto the hood , Fucito said .
Presti , 34 , was eventually stopped and apprehended , the sheriff said .
Charges against him were pending .
Mark Fonte , an attorney for Presti , said he had not yet had an opportunity to speak to his client .
Fonte said he expected Presti to be arraigned later Sunday .
The injured deputy was taken to a hospital for treatment of injuries .
The deputy ’ s condition wasn ’ t immediately available .
The @ @ @ @ @ @ @ protests last week after the sheriff ’ s office arrested Presti on charges of violating restrictions aimed at halting the spread of the coronavirus and obstructing governmental administration .
The tavern is in an area designated by Gov .
Andrew Cuomo as an orange zone because of spiking COVID-19 rates and was not supposed to be serving customers indoors .
But the owners had declared the bar an “ autonomous zone , ” a nod to protesters who claimed control over a Seattle neighborhood in June .
A spokesperson for Mayor Bill de @ @ @ @ @ @ @ a disregard for human life .
“ In both of these instances , whether it ’ s flouting public health laws or ramming a car into a uniformed deputy , this individual has endangered the lives of others , ” said the spokesperson , Bill Neidhardt .
Authorities said the bar was still serving patrons Saturday night even though it was ordered closed entirely after Presti ’ s earlier arrest .
Deputies surveilling the pub saw that the front door to the bar was locked but customers were being directed to a building @ @ @ @ @ @ @ there , they were able to enter Mac ’ s Public House through a back door and order food and beverages , he said .

The co-owner of a New York City bar that authorities said has been defying coronavirus restrictions was taken into custody early Sunday after running over a deputy with a car, authorities said.
NEW YORK (AP) — The co-owner of a New York City bar that authorities said has been defying coronavirus restrictions was taken into custody early Sunday after running over a deputy with a car, authorities said.
Danny Presti tried to drive away from his bar, Mac's Public House, as deputies were arresting him for serving patrons in violation of city and state closure orders, Sheriff Joseph Fucito said.
Deputies attempted to arrest Presti as he left the bar early Sunday, but Presti got into his car, struck a deputy and kept driving for about 100 yards even as the deputy was left hanging onto the hood, Fucito said.
Presti, 34, was eventually stopped and apprehended, the sheriff said. Charges against him were pending.
Mark Fonte, an attorney for Presti, said he had not yet had an opportunity to speak to his client. Fonte said he expected Presti to be arraigned later Sunday.
The injured deputy was taken to a hospital for treatment of injuries. The deputy's condition wasn't immediately available.
The Staten Island bar was the site of protests last week after the sheriff's office arrested Presti on charges of violating restrictions aimed at halting the spread of the coronavirus and obstructing governmental administration.
The tavern is in an area designated by Gov. Andrew Cuomo as an orange zone because of spiking COVID-19 rates and was not supposed to be serving customers indoors. But the owners had declared the bar an "autonomous zone," a nod to protesters who claimed control over a Seattle neighborhood in June.
A spokesperson for Mayor Bill de Blasio said Presti's actions showed a disregard for human life. "In both of these instances, whether it's flouting public health laws or ramming a car into a uniformed deputy, this individual has endangered the lives of others," said the spokesperson, Bill Neidhardt.
Authorities said the bar was still serving patrons Saturday night even though it was ordered closed entirely after Presti's earlier arrest.
Deputies surveilling the pub saw that the front door to the bar was locked but customers were being directed to a building next door, Fucito said. From there, they were able to enter Mac's Public House through a back door and order food and beverages, he said.
By KAREN MATTHEWS Associated Press


courthousenews--2020-12-06--Double Dragons: SpaceX Launches Space Station Supplies

CAPE CANAVERAL , Fla. ( AP ) — SpaceX launched a newer , bigger version of its Dragon supply ship to the International Space Station on Sunday , marking the first time the company has two capsules in orbit at the same time .
The Dragon — packed with Christmas treats and presents — should reach the space station on Monday , joining the Dragon that delivered four astronauts last month .
“ Dragons everywhere you look , ” said Kenny Todd , NASA ’ s deputy space station program manager .
With NASA ’ s commercial crew program officially @ @ @ @ @ @ @ have at least one Dragon capsule at the space station .
SpaceX ’ s Falcon 9 rocket blasted off with the latest Dragon from NASA ’ s Kennedy Space Center , where coronavirus precautions kept staff to a minimum .
The first-stage booster — making its fourth flight — landed on an ocean platform several minutes after the late-morning liftoff .
It was first used back in May for the first astronaut launch by Elon Musk ’ s company .
The 6,400-pound ( 2,900-kilogram ) shipment includes billions of microbes and crushed asteroid @ @ @ @ @ @ @ new medical device to provide rapid blood test results for astronauts in space , and a privately owned and operated chamber to move experiments as big as refrigerators outside the orbiting lab .
Forty mice also are flying for bone and eye studies , two areas of weaknesses for astronauts during long space stays .
Todd said all this research is “ the ultimate Christmas present ” for NASA astronaut Kate Rubins , a virus hunter who performed the first DNA sequencing in space a few years ago .
As for more personal @ @ @ @ @ @ @ Russians and one Japanese on board , “ I don ’ t like to get out in front of Santa Claus .
I fear it might mess up my own Christmas , ” Todd said late last week .
“ Let ’ s see what happens when they open the hatch … I ’ m optimistic.
” For the astronauts ’ Christmas feast , the Dragon is carrying roasted turkey , cornbread dressing , cranberry sauce , shortbread cookies and tubes of icing .
The station crew watched a live broadcast of the @ @ @ @ @ @ @ kilometers ) up .
This updated cargo-carrying model — as large as the SpaceX crew capsule — will dock to the orbiting lab by itself .
Previous SpaceX cargo ships needed the station ’ s robot arm for anchoring .
The capsule will remain at the space station for about a month as usual before undocking with experiments and old equipment , and splashing into the Atlantic .
That ’ s another change from SpaceX ’ s older cargo ships , which parachuted into the Pacific .
Returning closer to Cape Canaveral will @ @ @ @ @ @ @ ’ s 21st station supply run for NASA since 2012 .
The flight was delayed a day by rough weather in the booster-recovery area offshore .
This was the 68th successful booster landing by SpaceX .

SpaceX launched a newer, bigger version of its Dragon supply ship to the International Space Station on Sunday, marking the first time the company has two capsules in orbit at the same time.
CAPE CANAVERAL, Fla. (AP) — SpaceX launched a newer, bigger version of its Dragon supply ship to the International Space Station on Sunday, marking the first time the company has two capsules in orbit at the same time.
The Dragon — packed with Christmas treats and presents — should reach the space station on Monday, joining the Dragon that delivered four astronauts last month.
"Dragons everywhere you look," said Kenny Todd, NASA's deputy space station program manager.
With NASA's commercial crew program officially under way, SpaceX expects to always have at least one Dragon capsule at the space station.
SpaceX's Falcon 9 rocket blasted off with the latest Dragon from NASA's Kennedy Space Center, where coronavirus precautions kept staff to a minimum. The first-stage booster — making its fourth flight — landed on an ocean platform several minutes after the late-morning liftoff. It was first used back in May for the first astronaut launch by Elon Musk's company.
The 6,400-pound (2,900-kilogram) shipment includes billions of microbes and crushed asteroid samples for a biomining study, a new medical device to provide rapid blood test results for astronauts in space, and a privately owned and operated chamber to move experiments as big as refrigerators outside the orbiting lab. Forty mice also are flying for bone and eye studies, two areas of weaknesses for astronauts during long space stays.
Todd said all this research is "the ultimate Christmas present" for NASA astronaut Kate Rubins, a virus hunter who performed the first DNA sequencing in space a few years ago.
As for more personal presents for the four Americans, two Russians and one Japanese on board, "I don't like to get out in front of Santa Claus. I fear it might mess up my own Christmas," Todd said late last week. "Let's see what happens when they open the hatch ... I'm optimistic."
For the astronauts' Christmas feast, the Dragon is carrying roasted turkey, cornbread dressing, cranberry sauce, shortbread cookies and tubes of icing.
The station crew watched a live broadcast of the launch, from 250 miles (400 kilometers) up.
This updated cargo-carrying model — as large as the SpaceX crew capsule — will dock to the orbiting lab by itself. Previous SpaceX cargo ships needed the station's robot arm for anchoring.
The capsule will remain at the space station for about a month as usual before undocking with experiments and old equipment, and splashing into the Atlantic. That's another change from SpaceX's older cargo ships, which parachuted into the Pacific. Returning closer to Cape Canaveral will save recycling time.
This is SpaceX's 21st station supply run for NASA since 2012. The flight was delayed a day by rough weather in the booster-recovery area offshore. This was the 68th successful booster landing by SpaceX.
By MARCIA DUNN AP Aerospace Writer


courthousenews--2020-12-07--Biden Picks California AG Becerra to Lead HHS, Pandemic Response

WASHINGTON ( AP ) — President-elect Joe Biden has picked California Attorney General Xavier Becerra to be his health secretary , putting a defender of the Affordable Care Act in a leading role to oversee his administration ’ s coronavirus response .
Separately , Biden picked a Harvard infectious disease expert , Dr. Rochelle Walensky , to head the Centers for Disease Control and Prevention .
If confirmed by the Senate , Becerra , 62 , will be the first Latino to head the Department of Health and Human Services , a $ 1-trillion-plus agency with 80,000 employees and a @ @ @ @ @ @ @ leading-edge medical research and health insurance programs covering more than 130 million Americans .
Biden ’ s selection of Becerra was confirmed by two people familiar with the decision , who spoke on condition of anonymity ahead of a formal announcement anticipated Tuesday .
Two people also anonymously confirmed the choice of Walensky .
The post of CDC director does not require Senate confirmation .
Becerra , as the state of California ’ s top lawyer , has led the coalition of Democratic states defending “ Obamacare ” from the Trump administration ’ @ @ @ @ @ @ @ a legal case awaiting a Supreme Court decision next year .
A former senior House Democrat , Becerra was involved in steering the Obama health law through Congress in 2009 and 2010 .
At the time he would tell reporters that one of his primary motivations was having tens of thousands of uninsured people in his Southern California district .
Becerra has a lawyer ’ s precise approach to analyzing problems and a calm demeanor .
But overseeing the coronavirus response will be the most complicated task he has ever contemplated .
By @ @ @ @ @ @ @ engaged in a mass vaccination campaign , the groundwork for which has been laid under the Trump administration .
Although the vaccines appear very promising , and no effort has been spared to plan for their distribution , it ’ s impossible to tell yet how well things will go when it ’ s time to get shots in the arms of millions of Americans .
Becerra won ’ t be going it alone .
Biden , who is expected to announce key health care picks as early as Tuesday , is taking @ @ @ @ @ @ @ s virus response .
Businessman Jeff Zients is expected to be named as Biden ’ s White House coronavirus coordinator .
An economic adviser to former President Barack Obama , Zients also led the rescue of the HealthCare.gov website after its disastrous launch in 2013 .
And former Surgeon General Vivek Murthy , a co-chair of Biden ’ s coronavirus task force , is expected to return in a new role akin to the top medical adviser .
But the core components of HHS are the boots on the ground of the government @ @ @ @ @ @ @ and Drug Administration oversees vaccines and treatments , while much of the underlying scientific and medical research comes from NIH .
The Centers for Disease Control and Prevention takes the lead in detecting and containing the spread of diseases .
The Centers for Medicare and Medicaid Services provides insurance coverage for more than 1 in 3 Americans , including vulnerable seniors , as well as many children and low-income people .
Under President Donald Trump , CDC was relegated to a lesser role after agency scientists issued a stark early warning that contradicted @ @ @ @ @ @ @ under control , rattling financial markets .
The FDA was the target of repeated attacks from a president who suspected its scientists were politically motivated and who also wanted them to rubber-stamp unproven treatments .
As CDC director , Walensky would replace Dr. Robert Redfield , who accurately told the public coronavirus vaccines would not be available for most people until next year , only to be disparaged by Trump as “ confused.
” Walensky is a leading infectious disease specialist at Massachusetts General Hospital , and has devoted her career to combatting @ @ @ @ @ @ @ the bureaucratic apparatus of the California attorney general ’ s office , as well as his success working with Republicans , helped seal the pick for Biden , said a person familiar with the process but not authorized to comment publicly .
Becerra had worked with Louisiana ’ s Republican attorney general to increase the availability of the COVID-19 drug treatment Remdesivir in their states .
He ’ s also worked closely with other Republican attorneys general on legal challenges against opioid manufacturers .
Early in California ’ s coronavirus response , Becerra @ @ @ @ @ @ @ had put in place to curtail the pandemic , including limits on religious gatherings .
Three churches in Southern California had sued Newsom , Becerra and other state officials because in-person church services had been halted .
Biden ’ s offer was extended to Becerra on Friday .
The president-elect has been under pressure from the Congressional Hispanic Caucus to appoint Latinos to the Cabinet .
Becerra has been jokingly known in Democratic legal circles as the man who sued Trump more than anyone else .
Beyond health care , the California attorney @ @ @ @ @ @ @ from immigration to environmental policies .
Previously Becerra had served for more than a decade in Congress , representing parts of Los Angeles County .
He had also served in the California state assembly after attending law school at Stanford .
His mother was born in Jalisco , Mexico , and emigrated to the U.S. after marrying his father , a native of Sacramento , California , who had grown up in Mexico .
Becerra often cites his parents as his inspiration , saying they instilled in him a strong work ethic and @ @ @ @ @ @ @ worked road construction jobs , while his mother was a clerical employee .
Becerra is married to Dr. Carolina Reyes , a physician who specializes in maternal and fetal health .
In an AP profile published last year , a lifelong friend of Becerra ’ s said he learned to stay calm and self-controlled in high school as a varsity golfer and an exceptional poker player .
Becerra studied the advice of famous golfers while practicing with a set of used clubs costing less than $ 100 .
By RICARDO ALONSO-ZALDIVAR , MICHAEL @ @ @ @ @ @

President-elect Joe Biden has picked California Attorney General Xavier Becerra to be his health secretary, putting a defender of the Affordable Care Act in a leading role to oversee his administration's coronavirus response.
WASHINGTON (AP) — President-elect Joe Biden has picked California Attorney General Xavier Becerra to be his health secretary, putting a defender of the Affordable Care Act in a leading role to oversee his administration's coronavirus response.
Separately, Biden picked a Harvard infectious disease expert, Dr. Rochelle Walensky, to head the Centers for Disease Control and Prevention.
If confirmed by the Senate, Becerra, 62, will be the first Latino to head the Department of Health and Human Services, a $1-trillion-plus agency with 80,000 employees and a portfolio that includes drugs and vaccines, leading-edge medical research and health insurance programs covering more than 130 million Americans.
Biden's selection of Becerra was confirmed by two people familiar with the decision, who spoke on condition of anonymity ahead of a formal announcement anticipated Tuesday.
Two people also anonymously confirmed the choice of Walensky. The post of CDC director does not require Senate confirmation.
Becerra, as the state of California's top lawyer, has led the coalition of Democratic states defending "Obamacare" from the Trump administration's latest effort to overturn it, a legal case awaiting a Supreme Court decision next year.
A former senior House Democrat, Becerra was involved in steering the Obama health law through Congress in 2009 and 2010. At the time he would tell reporters that one of his primary motivations was having tens of thousands of uninsured people in his Southern California district.
Becerra has a lawyer's precise approach to analyzing problems and a calm demeanor.
But overseeing the coronavirus response will be the most complicated task he has ever contemplated. By next year, the U.S. will be engaged in a mass vaccination campaign, the groundwork for which has been laid under the Trump administration. Although the vaccines appear very promising, and no effort has been spared to plan for their distribution, it's impossible to tell yet how well things will go when it's time to get shots in the arms of millions of Americans.
Becerra won't be going it alone. Biden, who is expected to announce key health care picks as early as Tuesday, is taking a team approach to his administration's virus response.
Businessman Jeff Zients is expected to be named as Biden's White House coronavirus coordinator. An economic adviser to former President Barack Obama, Zients also led the rescue of the HealthCare.gov website after its disastrous launch in 2013. And former Surgeon General Vivek Murthy, a co-chair of Biden's coronavirus task force, is expected to return in a new role akin to the top medical adviser.
But the core components of HHS are the boots on the ground of the government's coronavirus response. The Food and Drug Administration oversees vaccines and treatments, while much of the underlying scientific and medical research comes from NIH. The Centers for Disease Control and Prevention takes the lead in detecting and containing the spread of diseases. The Centers for Medicare and Medicaid Services provides insurance coverage for more than 1 in 3 Americans, including vulnerable seniors, as well as many children and low-income people.
Under President Donald Trump, CDC was relegated to a lesser role after agency scientists issued a stark early warning that contradicted Trump's assurances the virus was under control, rattling financial markets. The FDA was the target of repeated attacks from a president who suspected its scientists were politically motivated and who also wanted them to rubber-stamp unproven treatments.
As CDC director, Walensky would replace Dr. Robert Redfield, who accurately told the public coronavirus vaccines would not be available for most people until next year, only to be disparaged by Trump as "confused." Walensky is a leading infectious disease specialist at Massachusetts General Hospital, and has devoted her career to combatting HIV/AIDS.
Becerra's experience running the bureaucratic apparatus of the California attorney general's office, as well as his success working with Republicans, helped seal the pick for Biden, said a person familiar with the process but not authorized to comment publicly. Becerra had worked with Louisiana's Republican attorney general to increase the availability of the COVID-19 drug treatment Remdesivir in their states. He's also worked closely with other Republican attorneys general on legal challenges against opioid manufacturers.
Early in California's coronavirus response, Becerra defended broad shutdowns Gov. Gavin Newsom had put in place to curtail the pandemic, including limits on religious gatherings. Three churches in Southern California had sued Newsom, Becerra and other state officials because in-person church services had been halted.
Biden's offer was extended to Becerra on Friday. The president-elect has been under pressure from the Congressional Hispanic Caucus to appoint Latinos to the Cabinet.
Becerra has been jokingly known in Democratic legal circles as the man who sued Trump more than anyone else. Beyond health care, the California attorney general's lawsuits centered on issues from immigration to environmental policies.
Previously Becerra had served for more than a decade in Congress, representing parts of Los Angeles County. He had also served in the California state assembly after attending law school at Stanford.
His mother was born in Jalisco, Mexico, and emigrated to the U.S. after marrying his father, a native of Sacramento, California, who had grown up in Mexico.
Becerra often cites his parents as his inspiration, saying they instilled in him a strong work ethic and a desire for advancement. His father worked road construction jobs, while his mother was a clerical employee. Becerra is married to Dr. Carolina Reyes, a physician who specializes in maternal and fetal health.
In an AP profile published last year, a lifelong friend of Becerra's said he learned to stay calm and self-controlled in high school as a varsity golfer and an exceptional poker player. Becerra studied the advice of famous golfers while practicing with a set of used clubs costing less than $100.
By RICARDO ALONSO-ZALDIVAR, MICHAEL BALSAMO and JONATHAN LEMIRE Associated Press


courthousenews--2020-12-08--California Defends Ban on Mandatory Arbitration for Workers

( CN ) — Arguing employers could retaliate against workers , a California Justice Department attorney told a Ninth Circuit panel Monday it should overturn a judge ’ s ruling that federal law preempts the state ’ s pro-worker bill barring arbitration requirements as conditions of employment .
California Assembly Bill 51 prohibits businesses from requiring prospective employees to waive their right to sue as a condition of accepting a job offer but doesn ’ t prevent parties from entering into voluntary arbitration agreements .
Proponents of the bill say it protects workers in food service , hospitality and retail @ @ @ @ @ @ @ away their rights to sue in exchange for being hired .
The bill , signed into law in 2019 , allows workers to pursue damages and attorneys ’ fees and open criminal cases against employers who discriminate and retaliate against them for declining arbitration contracts .
This past January , U.S. District Judge Kimberly Mueller blocked state officials from enforcing key provisions of the bill that regulate agreements governed by the Federal Arbitration Act .
The Barack Obama appointee agreed with a coalition of business groups led by the U.S. Chamber of Commerce @ @ @ @ @ @ @ out arbitration agreements in comparison to other contracts .
The chamber argued the bill would unfairly expose California businesses to civil and criminal penalties and force them to both alter hiring practices and spend more on dispute resolution .
On Monday , California Deputy Attorney General Chad Stegeman told the Ninth Circuit AB 51 was crafted to complement the Federal Arbitration Act — referred to during oral arguments as the FAA — and that it doesn ’ t undermine arbitration but rather targets employers ’ “ discriminatory intent ” toward workers .
“ @ @ @ @ @ @ @ .
An employer can ’ t fire an employee because of their refusal to arbitrate , ” Stegeman said , adding Mueller ’ s ruling exposes workers to unfair contracts .
“ The court created a new substantive right to force arbitration .
But there ’ s no such right derived from the FAA.
” Stegeman also laid out the argument in a court brief .
“ The district court ’ s application of FAA preemption to AB 51 could result in a seismic shift in employment law by essentially creating immunity for @ @ @ @ @ @ @ , retaliate , or discriminate against or terminate an employee or prospective employee for refusing to consent to waiver of a right , forum , or procedure — even when the waiver is unenforceable and void — so long as it applies in some way to arbitration.
” He told the panel that contrary to the chamber ’ s argument , the U.S. Supreme Court has not yet issued a decision “ anchoring ” preemptive jurisprudence on the issues that any federal judge or court of appeals could rely on .
The chamber @ @ @ @ @ @ @ violated the high court ’ s 2017 opinion in Kindred Nursing Centers v. Clark , which said arbitration agreements must be put on equal footing with other contracts .
“ In the Supreme Court ’ s Kindred case , Kentucky created a barrier to enforcement .
We don ’ t have that here , ” Stegeman said .
U.S .
Circuit Judge Sandra Ikuta asked Stegeman if the bill sought broad authority to criminally charge employers who require arbitration in all contracts .
Stegeman told Ikuta , a George W. Bush appointee , @ @ @ @ @ @ @ be filed when , for example , employers force workers to accept arbitration as part of an employment contract .
“ The intent behind the law , it was derived from the Me Too movement , and is designed to make sure employees are not silenced beforehand if sexual harassment takes place at a company , ” Stegeman said .
“ It doesn ’ t change the nature of arbitration.
” Andrew Pincus of Mayer Brown , an attorney for the chamber , told the panel the Federal Arbitration Act clearly preempts state @ @ @ @ @ @ @ arbitration agreements .
Supreme Court precedent directly applies in situations described in AB 51 where workers must weigh the benefits of nonnegotiable employment contracts even if they don ’ t have the same bargaining power , Pincus said .
U.S .
Circuit Judge Carlos F. Lucero , a Bill Clinton appointee sitting by designation from the 10th Circuit , asked Pincus whether his argument is too broad since arbitration provisions are found in increasingly numerous and ordinary agreements .
“ Are courts , by fiat , written out of existence then ?
” @ @ @ @ @ @ @ t think so .
Lots of cases go to court , ” Pincus said .
Lucero shot back : “ Yes , that ’ s because the statutes you ’ re talking about , you ’ re asking we strike them down.
” U.S .
Circuit Judge William Fletcher , also a Clinton appointee , asked Pincus if under the chamber ’ s analysis an employer could “ do whatever they want ” in a workplace , including violate California law , and also require arbitration .
“ An employer can ’ t @ @ @ @ @ @ @ law ’ but the FAA protects arbitration , ” Pincus told Fletcher .
“ The employer gets to make that a condition of employment , like vacation hours.
” The panel took the matter under submission and did not indicate when it would rule .

Arguing employers could retaliate against workers, a California Justice Department attorney told a Ninth Circuit panel Monday it should overturn a judge’s ruling that federal law preempts the state’s pro-worker bill barring arbitration requirements as conditions of employment.
(CN) — Arguing employers could retaliate against workers, a California Justice Department attorney told a Ninth Circuit panel Monday it should overturn a judge’s ruling that federal law preempts the state’s pro-worker bill barring arbitration requirements as conditions of employment.
California Assembly Bill 51 prohibits businesses from requiring prospective employees to waive their right to sue as a condition of accepting a job offer but doesn’t prevent parties from entering into voluntary arbitration agreements.
Proponents of the bill say it protects workers in food service, hospitality and retail who are increasingly being forced to sign away their rights to sue in exchange for being hired.
The bill, signed into law in 2019, allows workers to pursue damages and attorneys’ fees and open criminal cases against employers who discriminate and retaliate against them for declining arbitration contracts.
This past January, U.S. District Judge Kimberly Mueller blocked state officials from enforcing key provisions of the bill that regulate agreements governed by the Federal Arbitration Act. The Barack Obama appointee agreed with a coalition of business groups led by the U.S. Chamber of Commerce that AB 51 unfairly regulated or singled out arbitration agreements in comparison to other contracts.
The chamber argued the bill would unfairly expose California businesses to civil and criminal penalties and force them to both alter hiring practices and spend more on dispute resolution.
On Monday, California Deputy Attorney General Chad Stegeman told the Ninth Circuit AB 51 was crafted to complement the Federal Arbitration Act — referred to during oral arguments as the FAA — and that it doesn’t undermine arbitration but rather targets employers’ “discriminatory intent” toward workers.
“It's a matter of consent. An employer can't fire an employee because of their refusal to arbitrate,” Stegeman said, adding Mueller’s ruling exposes workers to unfair contracts. “The court created a new substantive right to force arbitration. But there's no such right derived from the FAA.”
Stegeman also laid out the argument in a court brief. “The district court’s application of FAA preemption to AB 51 could result in a seismic shift in employment law by essentially creating immunity for employers at the state level who threaten, retaliate, or discriminate against or terminate an employee or prospective employee for refusing to consent to waiver of a right, forum, or procedure — even when the waiver is unenforceable and void — so long as it applies in some way to arbitration.”
He told the panel that contrary to the chamber’s argument, the U.S. Supreme Court has not yet issued a decision “anchoring” preemptive jurisprudence on the issues that any federal judge or court of appeals could rely on. The chamber had argued in court papers AB 51 violated the high court’s 2017 opinion in Kindred Nursing Centers v. Clark, which said arbitration agreements must be put on equal footing with other contracts.
“In the Supreme Court’s Kindred case, Kentucky created a barrier to enforcement. We don't have that here,” Stegeman said.
U.S. Circuit Judge Sandra Ikuta asked Stegeman if the bill sought broad authority to criminally charge employers who require arbitration in all contracts.
Stegeman told Ikuta, a George W. Bush appointee, that under the law criminal charges can be filed when, for example, employers force workers to accept arbitration as part of an employment contract.
“The intent behind the law, it was derived from the Me Too movement, and is designed to make sure employees are not silenced beforehand if sexual harassment takes place at a company,” Stegeman said. “It doesn’t change the nature of arbitration.”
Andrew Pincus of Mayer Brown, an attorney for the chamber, told the panel the Federal Arbitration Act clearly preempts state laws that block formation and enforcement of arbitration agreements.
Supreme Court precedent directly applies in situations described in AB 51 where workers must weigh the benefits of nonnegotiable employment contracts even if they don’t have the same bargaining power, Pincus said.
U.S. Circuit Judge Carlos F. Lucero, a Bill Clinton appointee sitting by designation from the 10th Circuit, asked Pincus whether his argument is too broad since arbitration provisions are found in increasingly numerous and ordinary agreements.
“Are courts, by fiat, written out of existence then?” Lucero asked.
“I don’t think so. Lots of cases go to court,” Pincus said.
Lucero shot back: “Yes, that’s because the statutes you're talking about, you're asking we strike them down.”
U.S. Circuit Judge William Fletcher, also a Clinton appointee, asked Pincus if under the chamber’s analysis an employer could “do whatever they want” in a workplace, including violate California law, and also require arbitration.
“An employer can’t say ‘I’ll violate California law’ but the FAA protects arbitration,” Pincus told Fletcher. “The employer gets to make that a condition of employment, like vacation hours.”
The panel took the matter under submission and did not indicate when it would rule.