courthousenews--2020-11-18--Missouri Lawmaker Asks Panel to Let Her Block Online Critics

( CN ) — An ongoing debate over the First Amendment responsibilities of elected officials on social media made it to the Eighth Circuit on Tuesday afternoon , where attorneys sparred over whether public officials ’ social media accounts are public forums .
The case was brought by Missouri resident Mike Campbell against his state representative , Cheri Reisch.The Republican who represents a district some 50 miles north of the state capital of Jefferson City blocked Campbell on Twitter in 2018 after he retweeted a criticism of her .
Campbell sued , arguing that Reisch ’ s Twitter page is @ @ @ @ @ @ @ it for a difference in viewpoint violated the First Amendment .
U.S. District Judge Brian Wimes , a Barack Obama appointee , agreed and granted Campbell injunctive relief last year .
Reisch quickly appealed to the St. Louis-based Eighth Circuit .
Representing Reisch , attorney Michael Raupp told the three-judge panel Tuesday that his client ’ s activity was distinct from that of President Donald Trump – who has faced similar legal battles and lost .
The circumstances of the Campbell block – in which Reisch tweeted out a criticism of her opponent @ @ @ @ @ @ @ critically , and Campbell retweeted the reply – did not involve any of Reisch ’ s official duties , he said .
“ That was speech that was purely related to a campaign issue at a campaign function , ” Raupp said .
“ Representative Reisch is one of 164 representatives in the Missouri House… when she simply speaks to constituents , no court has ever held that something that broad is a state action.
” Asked about what could be considered a state action on Twitter , Raupp was hesitant to specify @ @ @ @ @ @ @ staff , he said , wouldn ’ t likely qualify .
But he gave a little more ground when asked about the hypothetical of a lawmaker connecting a constituent with their staff .
“ I think that gets closer .
If , somehow , they were acting through Twitter to put someone in contact with someone else , I suppose that gets closer to state action , ” Raupp said .
“ But I ’ m not sure that even at that point they ’ re doing anything under color of state law.
@ @ @ @ @ @ @ s own content restrictions and ability to remove users entirely meant that the First Amendment was inapplicable anywhere on the site , and that regardless individual legislators can not open public forums .
Campbell was backed by the Knight First Amendment Institute , a Columbia University-based group focused on free speech issues in the digital age .
In an amicus brief and in arguments Tuesday , senior staff attorney Katie Fallow urged the court to adopt the position of other circuits and took issue with Raupp ’ s contention that Reisch had not @ @ @ @ @ @ @ determining state action , this court should examine Reisch ’ s act of blocking not in isolation , but in the context of all the other things she was doing with that account , ” Fallow said during the hearing .
Reisch ’ s use of the account to discuss her official duties , Fallow argued , meant that its operation fell under color of state law .
However , the judges prodded at the idea that Campbell had been excluded from the forum .
Senior U.S .
Circuit Judge Morris Arnold , @ @ @ @ @ @ @ noted that Campbell could simply read Reisch ’ s tweets without an account , or create a sock-puppet account to comment on them .
Fallow conceded that possibility , but said the block was still unconstitutional .
“ This may not be the hugest burden on your speech , but it is a burden that ’ s imposed because of viewpoint discrimination , ” she said .
“ Even if the burden is not huge , it ’ s still a burden that affects that person ’ s First Amendment rights.
” Arnold @ @ @ @ @ @ @ .
Circuit Judges Steven Colloton and Jane Kelly , George W. Bush and Barack Obama appointees , respectively .
The judges did not indicate when they will issue a ruling in the case .
Attorneys for Reisch and Campbell did not respond to requests for comment .
Free speech issues on social media generally and Twitter in particular took on new urgency after the election of outgoing President Trump , who is involved in several cases regarding his block-heavy use of Twitter .
Those and other cases over whether public officials can block @ @ @ @ @ @ @ topic from the Second Circuit and Fourth Circuit .
Both appeals courts held that if an account or page is used for public business , it is a public forum and constituents can not be blocked from it because of their views .
Trump is appealing the Second Circuit ’ s decision to the Supreme Court , and the Knight Institute has filed another suit against him alleging that he continued to block critics even after the court ordered him to stop .
Speaking before Tuesday ’ s hearing , Fallow said the @ @ @ @ @ @ @ s favor could have serious consequences for social media users .
“ If the First Amendment is held not to apply to these new kinds of public forums , then the government will be able to censor dissenting voices that they don ’ t like from these new kinds of public squares , ” she said .
“ You could have public officials or public agencies creating a distorted forum , where only people who agree with them are able to speak.
” She added , “ That also impacts the interests of @ @ @ @ @ @ @ reading the spectrum of beliefs in that public forum .
”

An ongoing debate over the First Amendment responsibilities of elected officials on social media made it to the Eighth Circuit on Tuesday afternoon, where attorneys sparred over whether public officials’ social media accounts are public forums.
(CN) — An ongoing debate over the First Amendment responsibilities of elected officials on social media made it to the Eighth Circuit on Tuesday afternoon, where attorneys sparred over whether public officials’ social media accounts are public forums.
The case was brought by Missouri resident Mike Campbell against his state representative, Cheri Reisch.The Republican who represents a district some 50 miles north of the state capital of Jefferson City blocked Campbell on Twitter in 2018 after he retweeted a criticism of her.
Campbell sued, arguing that Reisch’s Twitter page is a public forum and blocking him from it for a difference in viewpoint violated the First Amendment. U.S. District Judge Brian Wimes, a Barack Obama appointee, agreed and granted Campbell injunctive relief last year. Reisch quickly appealed to the St. Louis-based Eighth Circuit.
Representing Reisch, attorney Michael Raupp told the three-judge panel Tuesday that his client’s activity was distinct from that of President Donald Trump – who has faced similar legal battles and lost.
The circumstances of the Campbell block – in which Reisch tweeted out a criticism of her opponent, another person replied to her tweet critically, and Campbell retweeted the reply – did not involve any of Reisch’s official duties, he said.
“That was speech that was purely related to a campaign issue at a campaign function,” Raupp said. “Representative Reisch is one of 164 representatives in the Missouri House… when she simply speaks to constituents, no court has ever held that something that broad is a state action.”
Asked about what could be considered a state action on Twitter, Raupp was hesitant to specify. Announcing the hiring or firing of staff, he said, wouldn’t likely qualify. But he gave a little more ground when asked about the hypothetical of a lawmaker connecting a constituent with their staff.
“I think that gets closer. If, somehow, they were acting through Twitter to put someone in contact with someone else, I suppose that gets closer to state action,” Raupp said. “But I’m not sure that even at that point they’re doing anything under color of state law.”
Raupp also argued that Twitter’s own content restrictions and ability to remove users entirely meant that the First Amendment was inapplicable anywhere on the site, and that regardless individual legislators cannot open public forums.
Campbell was backed by the Knight First Amendment Institute, a Columbia University-based group focused on free speech issues in the digital age. In an amicus brief and in arguments Tuesday, senior staff attorney Katie Fallow urged the court to adopt the position of other circuits and took issue with Raupp’s contention that Reisch had not created a public forum.
“In determining state action, this court should examine Reisch’s act of blocking not in isolation, but in the context of all the other things she was doing with that account,” Fallow said during the hearing.
Reisch’s use of the account to discuss her official duties, Fallow argued, meant that its operation fell under color of state law. However, the judges prodded at the idea that Campbell had been excluded from the forum.
Senior U.S. Circuit Judge Morris Arnold, a George H.W. Bush appointee,noted that Campbell could simply read Reisch’s tweets without an account, or create a sock-puppet account to comment on them.
Fallow conceded that possibility, but said the block was still unconstitutional.
“This may not be the hugest burden on your speech, but it is a burden that’s imposed because of viewpoint discrimination,” she said. “Even if the burden is not huge, it’s still a burden that affects that person’s First Amendment rights.”
Arnold was joined on the panel by U.S. Circuit Judges Steven Colloton and Jane Kelly, George W. Bush and Barack Obama appointees, respectively. The judges did not indicate when they will issue a ruling in the case.
Attorneys for Reisch and Campbell did not respond to requests for comment.
Free speech issues on social media generally and Twitter in particular took on new urgency after the election of outgoing President Trump, who is involved in several cases regarding his block-heavy use of Twitter. Those and other cases over whether public officials can block their critics have yielded decisions on the topic from the Second Circuit and Fourth Circuit.
Both appeals courts held that if an account or page is used for public business, it is a public forum and constituents cannot be blocked from it because of their views. Trump is appealing the Second Circuit’s decision to the Supreme Court, and the Knight Institute has filed another suit against him alleging that he continued to block critics even after the court ordered him to stop.
Speaking before Tuesday’s hearing, Fallow said the impacts of a ruling in Reisch’s favor could have serious consequences for social media users.
“If the First Amendment is held not to apply to these new kinds of public forums, then the government will be able to censor dissenting voices that they don’t like from these new kinds of public squares,” she said. “You could have public officials or public agencies creating a distorted forum, where only people who agree with them are able to speak.”
She added, “That also impacts the interests of everybody who are interested in watching or reading the spectrum of beliefs in that public forum.”


courthousenews--2020-11-17--NSA Leaker Asks 11th Circuit Panel to Grant Early Release

ATLANTA ( CN ) — Attorneys for Reality Winner asked an 11th Circuit panel Tuesday to reverse an order denying her request for compassionate release from a Texas prison , where she is serving a five-year sentence for leaking classified information while working for a National Security Agency contractor .
Claiming she is immunocompromised due to an eating disorder and vulnerable to contracting Covid-19 , Winner , 28 , asked for early release under the First Step Act in April from the Fort Worth medical prison where she is currently housed .
Chief U.S. District Judge Randal Hall denied Winner @ @ @ @ @ @ @ finding that her motion for compassionate release was premature because she failed to give her prison warden the required time to consider her request .
Hall also ruled that Winner failed to show “ extraordinary and compelling reasons ” for a reduction in her sentence .
It became clear during Tuesday ’ s hearing that the decision to release Winner hinges on the Atlanta-based appeals court ’ s interpretation of administrative rules which balance the powers of courts and the federal Bureau of Prisons .
Arguing on Winner ’ s behalf , Baruch @ @ @ @ @ @ @ three-judge 11th Circuit panel that his client exhausted her administrative rights with the Bureau of Prisons before taking her motion to federal court .
Winner submitted a written request for release to the warden of FMC Carswell , a federal medical prison for women in Fort Worth , on April 8 but filed her motion in federal court only two days later .
Hall ruled that Winner failed to give her prison warden 30 days to review her request before taking the issue to the courts .
Weiss argued Tuesday that even if @ @ @ @ @ @ @ it was before the district court , more than 30 days have elapsed since the April ruling .
“ The statutory requirement for exhaustion of remedies has been met and the court can act , ” he said .
“ Because the district court had jurisdiction and now this court has jurisdiction and the 30 days is up , my view is we don ’ t have to decide whether the district court was right or wrong in dismissing versus holding [ the motion ] until the end of the 30 days.
” @ @ @ @ @ @ @ had “ equitable discretion ” to take action due to the unusual circumstances posed by the pandemic .
Assistant U.S. Attorney Justin Davids asked the judges to uphold Hall ’ s decision , arguing that a ruling in Winner ’ s favor would go against Congress ’ “ desire to provide limited exceptions to otherwise final judgments.
” He also argued that leaving compassionate release requests in the hands of the Bureau of Prisons “ promotes consistency.
” Winner pleaded guilty in June 2018 to one count of transmitting national security information for @ @ @ @ @ @ @ s efforts to interfere in the 2016 presidential election to The Intercept .
She admitted to smuggling the documents out of Pluribus International at Fort Gordon , where she worked .
She was sentenced to 63 months in prison after becoming the first government contractor to be criminally charged under the federal Espionage Act during the Trump administration .
If she is not granted compassionate release , Winner is expected to be released from prison on Nov. 23 , 2021 .
Tuesday ’ s panel was comprised of U.S .
Circuit Judge Beverly @ @ @ @ @ @ @ and U.S .
Circuit Judges Robert Luck and Andrew Brasher , both appointees of Donald Trump .
The judges did not indicate when they will reach a decision in the case .

NSA Leaker Asks 11th Circuit Panel to Grant Early Release
ATLANTA (CN) — Attorneys for Reality Winner asked an 11th Circuit panel Tuesday to reverse an order denying her request for compassionate release from a Texas prison, where she is serving a five-year sentence for leaking classified information while working for a National Security Agency contractor.
Claiming she is immunocompromised due to an eating disorder and vulnerable to contracting Covid-19, Winner, 28, asked for early release under the First Step Act in April from the Fort Worth medical prison where she is currently housed.
Chief U.S. District Judge Randal Hall denied Winner’s request without a hearing, finding that her motion for compassionate release was premature because she failed to give her prison warden the required time to consider her request. Hall also ruled that Winner failed to show “extraordinary and compelling reasons” for a reduction in her sentence.
It became clear during Tuesday’s hearing that the decision to release Winner hinges on the Atlanta-based appeals court’s interpretation of administrative rules which balance the powers of courts and the federal Bureau of Prisons.
Arguing on Winner’s behalf, Baruch Weiss of Arnold & Porter told the three-judge 11th Circuit panel that his client exhausted her administrative rights with the Bureau of Prisons before taking her motion to federal court.
Winner submitted a written request for release to the warden of FMC Carswell, a federal medical prison for women in Fort Worth, on April 8 but filed her motion in federal court only two days later. Hall ruled that Winner failed to give her prison warden 30 days to review her request before taking the issue to the courts.
Weiss argued Tuesday that even if Winner’s request was premature when it was before the district court, more than 30 days have elapsed since the April ruling.
“The statutory requirement for exhaustion of remedies has been met and the court can act,” he said. “Because the district court had jurisdiction and now this court has jurisdiction and the 30 days is up, my view is we don’t have to decide whether the district court was right or wrong in dismissing versus holding [the motion] until the end of the 30 days.”
Weiss also told the panel that it had “equitable discretion” to take action due to the unusual circumstances posed by the pandemic.
Assistant U.S. Attorney Justin Davids asked the judges to uphold Hall’s decision, arguing that a ruling in Winner’s favor would go against Congress’ “desire to provide limited exceptions to otherwise final judgments.” He also argued that leaving compassionate release requests in the hands of the Bureau of Prisons “promotes consistency.”
Winner pleaded guilty in June 2018 to one count of transmitting national security information for leaking a top-secret report analyzing Russia’s efforts to interfere in the 2016 presidential election to The Intercept. She admitted to smuggling the documents out of Pluribus International at Fort Gordon, where she worked.
She was sentenced to 63 months in prison after becoming the first government contractor to be criminally charged under the federal Espionage Act during the Trump administration.
If she is not granted compassionate release, Winner is expected to be released from prison on Nov. 23, 2021.
Tuesday’s panel was comprised of U.S. Circuit Judge Beverly Martin, a Barack Obama appointee, and U.S. Circuit Judges Robert Luck and Andrew Brasher, both appointees of Donald Trump. The judges did not indicate when they will reach a decision in the case.


courthousenews--2020-11-17--California Courts Covid Update

California Courts Covid Update

Nov. 17 , 2020 : The court will be closed for two furlough days this month , on Nov. 18 @ @ @ @ @ to Covid-19 induced budget constraints Nov. 17 , 2020 : Standing order regarding Covid-19 for @ @ @ @

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


courthousenews--2020-11-18--FDA Allows 1st Rapid Virus Test That Gives Results at Home

WASHINGTON ( AP ) — U.S. regulators on Tuesday allowed emergency use of the first rapid coronavirus test that can be performed entirely at home and delivers results in 30 minutes .
The announcement by the Food and Drug Administration represents an important step in U.S. efforts to expand testing options for COVID-19 beyond health care facilities and testing sites .
However , the test will require a prescription , likely limiting its initial use .
The FDA granted emergency authorization to the single-use test kit from Lucira Health , a California manufacturer .
The company ’ s test allows @ @ @ @ @ @ @ nasal sample .
The sample is then swirled in a vial of laboratory solution that plugs into a portable device .
Results are displayed as lights labeled positive or negative .
To date , the FDA has authorized nearly 300 tests for coronavirus .
The vast majority require a nasal swab performed by a health professional and must be processed at laboratories using high-tech equipment .
A handful of tests allow people to collect their own sample at home — a nasal swab or saliva — that ’ s then shipped to a @ @ @ @ @ @ @ for results .
Health experts have called for options to allow people to test themselves at home , reducing turnaround times and the potential spread of the virus to others , including health care workers .
Rapid test results are critical to quickly quarantining those who are infected and tracing their contacts .
But for months , U.S. testing has been plagued by slow results due to bottlenecks as testing laboratories .
There are other rapid tests but most require a small , special machine operated by a health professional to develop results @ @ @ @ @ @ @ have COVID-19 will be able to take immediate action , based on their results , to protect themselves and those around them , ” Dr. Jeff Shuren , director of the FDA ’ s devices center , said in a statement .
Lucira did not immediately respond to a request for additional details after business hours Tuesday .
The Lucira COVID-19 test grew out of research the company was doing to develop an at-home flu test , according to the company ’ s website .
Lucira adapted its technology to detect COVID-19 after @ @ @ @ @ @ @ similar to genetic laboratory-based tests that are the standard tool for COVID-19 screening .
That ’ s different than most rapid tests currently used in the U.S. , which look for viral proteins called antigens — not the virus itself .
Anyone that tests positive should isolate and seek care from a health professional , the FDA said in its release .
Those who test negative but still have coronavirus symptoms should consult a doctor ; a negative result does not rule out COVID-19 infection .
The FDA said Lucira ’ s test @ @ @ @ @ @ @ ’ s offices and testing sites .
Currently all U.S. testing sites must report results to state and federal health authorities tracking the pandemic .
Doctors will be required to report the home test results .
“ If the results are not reported back , it may be difficult to figure out what is happening in the community at large , ” said Dr. Alberto Gutierrez , former head of the FDA ’ s testing office , in an interview before the announcement .
More than two dozen companies have been racing for @ @ @ @ @ @ @ home-based test for COVID-19 .
However , the FDA outlined a number of study requirements for manufacturers .
These hurdles have less to do with COVID-19 specifically , and more to do with decades-long concerns about whether people without any medical training can accurately screen themselves and interpret the results .
The FDA has only ever approved one home test for an infectious disease — an HIV test .
And even commonplace over-the-counter test s— such as home pregnancy kits — were subject to years of scrutiny before FDA allowed their use in @ @ @ @ @ @ @ approach is warranted for coronavirus .
“ I think increased testing closer to patients , including in the home , is the way of the future , ” said Dr. Robin Patel of the Mayo Clinic , in an interview before the announcement was made .
“ But there are considerations that have to be addressed to make sure that this is done in a safe and effective way.
” FDA regulators authorized the new test using their emergency powers to quickly speed the availability of experimental products during public health crises .
@ @ @ @ @ @ @ evidence of safety and effectiveness before clearing a new test .
But during public health emergencies the agency can lower those standards .
The FDA release did not disclose the test ’ s accuracy or the study results that regulators used to make the decision .

U.S. regulators on Tuesday allowed emergency use of the first rapid coronavirus test that can be performed entirely at home and delivers results in 30 minutes.
WASHINGTON (AP) — U.S. regulators on Tuesday allowed emergency use of the first rapid coronavirus test that can be performed entirely at home and delivers results in 30 minutes.
The announcement by the Food and Drug Administration represents an important step in U.S. efforts to expand testing options for COVID-19 beyond health care facilities and testing sites. However, the test will require a prescription, likely limiting its initial use.
The FDA granted emergency authorization to the single-use test kit from Lucira Health, a California manufacturer.
The company's test allows users to swab themselves to collect a nasal sample. The sample is then swirled in a vial of laboratory solution that plugs into a portable device. Results are displayed as lights labeled positive or negative.
To date, the FDA has authorized nearly 300 tests for coronavirus. The vast majority require a nasal swab performed by a health professional and must be processed at laboratories using high-tech equipment. A handful of tests allow people to collect their own sample at home — a nasal swab or saliva — that’s then shipped to a lab, which usually means waiting days for results.
Health experts have called for options to allow people to test themselves at home, reducing turnaround times and the potential spread of the virus to others, including health care workers. Rapid test results are critical to quickly quarantining those who are infected and tracing their contacts. But for months, U.S. testing has been plagued by slow results due to bottlenecks as testing laboratories. There are other rapid tests but most require a small, special machine operated by a health professional to develop results
"Now, more Americans who may have COVID-19 will be able to take immediate action, based on their results, to protect themselves and those around them,” Dr. Jeff Shuren, director of the FDA's devices center, said in a statement.
Lucira did not immediately respond to a request for additional details after business hours Tuesday.
The Lucira COVID-19 test grew out of research the company was doing to develop an at-home flu test, according to the company’s website. Lucira adapted its technology to detect COVID-19 after the outbreak.
The test uses technology similar to genetic laboratory-based tests that are the standard tool for COVID-19 screening. That's different than most rapid tests currently used in the U.S., which look for viral proteins called antigens — not the virus itself.
Anyone that tests positive should isolate and seek care from a health professional, the FDA said in its release. Those who test negative but still have coronavirus symptoms should consult a doctor; a negative result does not rule out COVID-19 infection.
The FDA said Lucira’s test was also authorized for use in doctor’s offices and testing sites. Currently all U.S. testing sites must report results to state and federal health authorities tracking the pandemic. Doctors will be required to report the home test results.
“If the results are not reported back, it may be difficult to figure out what is happening in the community at large,” said Dr. Alberto Gutierrez, former head of the FDA’s testing office, in an interview before the announcement.
More than two dozen companies have been racing for months to develop the first, rapid home-based test for COVID-19. However, the FDA outlined a number of study requirements for manufacturers.
These hurdles have less to do with COVID-19 specifically, and more to do with decades-long concerns about whether people without any medical training can accurately screen themselves and interpret the results.
The FDA has only ever approved one home test for an infectious disease — an HIV test. And even commonplace over-the-counter test s— such as home pregnancy kits — were subject to years of scrutiny before FDA allowed their use in the 1970s.
Experts say that careful approach is warranted for coronavirus.
“I think increased testing closer to patients, including in the home, is the way of the future,” said Dr. Robin Patel of the Mayo Clinic, in an interview before the announcement was made. “But there are considerations that have to be addressed to make sure that this is done in a safe and effective way."
FDA regulators authorized the new test using their emergency powers to quickly speed the availability of experimental products during public health crises. In normal times, the FDA requires evidence of safety and effectiveness before clearing a new test. But during public health emergencies the agency can lower those standards.
The FDA release did not disclose the test’s accuracy or the study results that regulators used to make the decision.
By MATTHEW PERRONE AP Health Writer


Devin Nunes

ALEXANDRIA , Va. — Congressman Devin Nunes , R-Calif. , claims the Washington Post and one of its reporters defamed @ @ @ @ @ suggesting he believed certain White House intelligence files would support his “ baseless claims ” @ @ @ @ @ Trump Tower .


Deceptive Practices

CHARLESTON , W.V .
— The deceptive practices provision of the West Virginia Consumer Credit and Protection Act do not @ @ @ @ @ services offered by religious institutions , the state ’ s Supreme Court ruled .
The @ @ @ @ @ had alleged the Diocese of Wheeling-Charleston violated the Act by knowingly employing sexual abusers and @ @ @ @


Billboards

HOUSTON — An appeals court in Texas upheld a ruling against former mayoral candidate Anthony Buzbee in a case in @ @ @ @ @ his incumbent opponent were campaign propaganda “ under the guise of a public safety message @ @


Conspiracy Blog

ATLANTA — The Eleventh Circuit upheld a ruling in favor of Florida Atlantic University in a dispute brought by a @ @ @ @ @ he refused to submit reports about his personal blog , where he questioned whether the @ @ @ @ @ .


Corrections Officer

NEW YORK — The Second Circuit revived some claims brought against Suffolk County , New York , a former corrections @ @ @ @ @ in connection with the sergeant ’ s alleged sexual harassment and assault of women inmates @ @ @ @ @ facility in Riverhead .


Home Health Workers

SAN FRANCISCO — A federal court ruled in favor of a group of states , led by California , in @ @ @ @ @ administration rule that prevents states from withholding union dues and health insurance fees from home @ @ @ @ @ .


courthousenews--2020-11-18--Health Expert Calls ICE Detention Center’s Covid-19 Practices ‘Cruel’

SAN FRANCISCO ( CN ) — Testifying on the adequacy of an immigration detention center ’ s Covid-19 response , a prison health expert on Tuesday called the decision to house symptomatic detainees with non-symptomatic immigrants at the privately run facility “ cruel.
” Greifinger is a consultant who previously ran medical services for New York state prisons and now serves as a court-appointed monitor overseeing health care for jails in Miami , New Orleans and Albuquerque , New Mexico .
He was hired by a class of immigrant detainees to evaluate the adequacy of Covid-19 response practices , plans @ @ @ @ @ @ @ center .
GEO Group , a private contractor hired by U.S. Immigration and Customs Enforcement , runs the facility in Bakersfield , California .
On day two of a multiday evidentiary hearing to determine if Mesa Verde can start accepting new detainees without continued court oversight , Greifinger harshly criticized decisions made in late July and August when Covid-19 was spreading through the detention center , eventually infecting more than half the detainees and a quarter of the staff .
Greifinger said ICE and GEO Group had no plan for what to do @ @ @ @ @ @ @ .
He said leaders repeatedly delayed testing all staff and detainees “ because they didn ’ t want to find out people were infected because they wouldn ’ t know how to house them.
” An Aug. 3 email from an ICE public health official to Mesa Verde medical staff drew the most severe rebuke from Greifinger .
In that email , Uruaku Obasi of the ICE Health Service Corps said it was up to “ provider discretion ” as to whether symptomatic detainees should be separated from those without symptoms in one @ @ @ @ @ @ @ .
“ I think it was cruel , ” Greifinger said of that instruction , adding it did not comply with the Centers for Disease Control and Prevention ’ s guidelines .
“ It was wholly inappropriate to put people who had symptoms , who may be infected , to house them with other people who may not be infected.
” Turning to the Mesa Verde ’ s plan for accepting new arrivals , Greifinger complained the plan lacks details on when detainees should be tested and where they should be housed based @ @ @ @ @ @ @ results .
“ It ’ s just vague , ” he said .
On cross examination , attorneys for ICE and GEO Group attacked Greifinger ’ s credibility , noting that he has never created a Covid-19 response plan for a jail or detention center nor has he written any scholarly articles on Covid-19 .
Greifinger had blamed a failure of leadership for the lack of adherence to mask-wearing and social-distancing recommendations among detainees at Mesa Verde .
Noting that the facility already posts Covid-19 informational posters on walls , distributes pamphlets , @ @ @ @ @ @ @ masks and practice social distancing , U.S. Justice Department lawyer Neal Hong asked what more could be done to encourage compliance .
“ If they ’ re taking all these measures , what specifically more can a facility do to get detainees to comply , ” Hong asked .
Turning to Mesa Verde ’ s architectural design , Greifinger explained the facility ’ s physical layout poses unique challenges .
Mesa Verde has four , large , 100-person dorms and five single-unit cells — three restricted housing units and two medical isolation cells @ @ @ @ @ @ @ be used to individually isolate symptomatic detainees or those who test positive for the virus .
To effectively prevent or manage an outbreak , Greifinger said Mesa Verde would need enough space to separate detainees into five categories : Covid-19-positive detainees , symptomatic detainees , new arrivals , those who refuse to take a Covid-19 test , and the general population .
U.S. District Judge Vince Chhabria asked if the plaintiffs ’ proposed injunction , which recommends keeping one dorm empty to house infected detainees , would be adequate given those challenges .
@ @ @ @ @ @ @ the proposed plan , Mesa Verde would have to limit new arrivals and maintain flexibility on how different dorms and cells are used .
The judge questioned if other detention centers are set up like Mesa Verde with four large dorm units and very few single cells .
Greifinger said he has visited 18 detention centers and never seen one set up with so few cells as Mesa Verde , but he could not say if this type of setup is more typical for a privately run detention center .
“ If Mesa @ @ @ @ @ @ @ other immigration detention facilities are more of a typical jail or prison layout , maybe part of the problem here is Mesa Verde is simply inadequate to detain people during a pandemic , ” Chhabria posited .
Also on Tuesday , GEO Group informed the court that a male guard who came in close contact with several detainees during a blanket exchange on Nov. 11 tested positive for the virus two days later , making him the first staff member to test positive at Mesa Verde since August .
The guard last worked @ @ @ @ @ @ @ is now quarantining at home , according to GEO Group .
This case stems from a class action filed by more than 400 immigrant detainees at Mesa Verde and Yuba County Jail in Marysville in April , claiming ICE failed to take steps necessary to protect them from an unreasonable risk of Covid-19 infection .
Mesa Verde is now operating at less than 15 % capacity with 49 detainees after Chhabria released more than 100 detainees at Mesa Verde and Yuba County Jail to ease crowding at both facilities .
In August , @ @ @ @ @ @ @ conduct rapid Covid-19 testing for all detainees at Mesa Verde amid a growing outbreak there .
On Monday , the judge questioned the adequacy of a plan to start accepting new arrivals at Mesa Verde without court oversight , focusing on the defendants ’ refusal to ensure at least one dorm will stay empty to house Covid-19-positive detainees .
The multiday evidentiary hearing on Covid-19 safeguards at the Mesa Verde detention center is expected to continue through Friday .

Testifying on the adequacy of an immigration detention center’s Covid-19 response, a prison health expert on Tuesday called the decision to house symptomatic detainees with non-symptomatic immigrants at a privately run facility “cruel.”
SAN FRANCISCO (CN) — Testifying on the adequacy of an immigration detention center’s Covid-19 response, a prison health expert on Tuesday called the decision to house symptomatic detainees with non-symptomatic immigrants at the privately run facility “cruel.”
“It’s reckless,” Dr. Robert Greifinger testified during a virtual court hearing.
Greifinger is a consultant who previously ran medical services for New York state prisons and now serves as a court-appointed monitor overseeing health care for jails in Miami, New Orleans and Albuquerque, New Mexico. He was hired by a class of immigrant detainees to evaluate the adequacy of Covid-19 response practices, plans and policies at the Mesa Verde detention center. GEO Group, a private contractor hired by U.S. Immigration and Customs Enforcement, runs the facility in Bakersfield, California.
On day two of a multiday evidentiary hearing to determine if Mesa Verde can start accepting new detainees without continued court oversight, Greifinger harshly criticized decisions made in late July and August when Covid-19 was spreading through the detention center, eventually infecting more than half the detainees and a quarter of the staff.
Greifinger said ICE and GEO Group had no plan for what to do if an outbreak occurred at Mesa Verde. He said leaders repeatedly delayed testing all staff and detainees “because they didn’t want to find out people were infected because they wouldn’t know how to house them.”
An Aug. 3 email from an ICE public health official to Mesa Verde medical staff drew the most severe rebuke from Greifinger. In that email, Uruaku Obasi of the ICE Health Service Corps said it was up to “provider discretion” as to whether symptomatic detainees should be separated from those without symptoms in one of four large dorms at Mesa Verde.
“I think it was cruel,” Greifinger said of that instruction, adding it did not comply with the Centers for Disease Control and Prevention’s guidelines. “It was wholly inappropriate to put people who had symptoms, who may be infected, to house them with other people who may not be infected.”
Turning to Mesa Verde’s plan for accepting new arrivals, Greifinger complained the plan lacks details on when detainees should be tested and where they should be housed based on their status of symptoms or test results.
“It’s just vague,” he said.
On cross examination, attorneys for ICE and GEO Group attacked Greifinger’s credibility, noting that he has never created a Covid-19 response plan for a jail or detention center nor has he written any scholarly articles on Covid-19.
Greifinger had blamed a failure of leadership for the lack of adherence to mask-wearing and social-distancing recommendations among detainees at Mesa Verde.
Noting that the facility already posts Covid-19 informational posters on walls, distributes pamphlets, makes loud-speaker announcements and has guards wear masks and practice social distancing, U.S. Justice Department lawyer Neal Hong asked what more could be done to encourage compliance.
“If they’re taking all these measures, what specifically more can a facility do to get detainees to comply,” Hong asked.
Turning to Mesa Verde’s architectural design, Greifinger explained the facility’s physical layout poses unique challenges. Mesa Verde has four, large, 100-person dorms and five single-unit cells — three restricted housing units and two medical isolation cells. Only those five single cells can be used to individually isolate symptomatic detainees or those who test positive for the virus.
To effectively prevent or manage an outbreak, Greifinger said Mesa Verde would need enough space to separate detainees into five categories: Covid-19-positive detainees, symptomatic detainees, new arrivals, those who refuse to take a Covid-19 test, and the general population.
U.S. District Judge Vince Chhabria asked if the plaintiffs’ proposed injunction, which recommends keeping one dorm empty to house infected detainees, would be adequate given those challenges.
Greifinger replied that to safely operate under the proposed plan, Mesa Verde would have to limit new arrivals and maintain flexibility on how different dorms and cells are used.
The judge questioned if other detention centers are set up like Mesa Verde with four large dorm units and very few single cells. Greifinger said he has visited 18 detention centers and never seen one set up with so few cells as Mesa Verde, but he could not say if this type of setup is more typical for a privately run detention center.
“If Mesa Verde is atypical in its layout and other immigration detention facilities are more of a typical jail or prison layout, maybe part of the problem here is Mesa Verde is simply inadequate to detain people during a pandemic,” Chhabria posited.
Also on Tuesday, GEO Group informed the court that a male guard who came in close contact with several detainees during a blanket exchange on Nov. 11 tested positive for the virus two days later, making him the first staff member to test positive at Mesa Verde since August. The guard last worked at the facility on Nov. 12 and is now quarantining at home, according to GEO Group.
This case stems from a class action filed by more than 400 immigrant detainees at Mesa Verde and Yuba County Jail in Marysville in April, claiming ICE failed to take steps necessary to protect them from an unreasonable risk of Covid-19 infection.
Mesa Verde is now operating at less than 15% capacity with 49 detainees after Chhabria released more than 100 detainees at Mesa Verde and Yuba County Jail to ease crowding at both facilities. In August, Chhabria ordered ICE and GEO Group to conduct rapid Covid-19 testing for all detainees at Mesa Verde amid a growing outbreak there.
On Monday, the judge questioned the adequacy of a plan to start accepting new arrivals at Mesa Verde without court oversight, focusing on the defendants’ refusal to ensure at least one dorm will stay empty to house Covid-19-positive detainees.
The multiday evidentiary hearing on Covid-19 safeguards at the Mesa Verde detention center is expected to continue through Friday.


courthousenews--2020-11-18--US Moves to Drop Charges Against Mexico’s Former Defense Secretary

BROOKLYN ( CN ) — The U.S. government Tuesday evening announced plans to drop drug trafficking and money laundering charges against former Mexican defense secretary Salvador Cienfuegos Zepeda , who was set to appear in a federal court in Brooklyn Wednesday , so he may be tried in Mexico instead .
In a now-unsealed letter to the court , filed Monday and amended Tuesday , Acting U.S. Attorney Seth DuCharme asked Senior U.S. District Judge Carol Bagley Amon to dismiss without prejudice charges against the 72-year-old retired general .
“ [ T ] he United States has determined that sensitive @ @ @ @ @ @ @ government ’ s interest in pursuing the prosecution of the defendant , under the totality of the circumstances , and therefore require dismissal of the case , ” DuCharme wrote .
The letter goes on to say that Mexican government officials were not aware of the sealed U.S. indictment at the time of Cienfuegos ’ arrest , and had in fact started their own investigation into his conduct .
After discussions between the neighboring nations , DuCharme says , the U.S. decided to dismiss charges “ so that Mexico could proceed first with @ @ @ @ @ @ @ Mexican law for the alleged conduct at issue , which occurred in Mexico.
” Cienfuegos is charged with four counts of conspiracy to manufacture and distribute heroin , cocaine , methamphetamine and marijuana , as well as conspiracy to launder proceeds from selling narcotics .
“ In exchange for bribe payments , he permitted the H-2 Cartel — a cartel that routinely engaged in wholesale violence , including torture and murder — to operate with impunity in Mexico , ” DuCharme wrote in an Oct. 16 detention memo .
Now , DuCharme writes @ @ @ @ @ @ @ next steps in prosecuting Cienfuegos .
Should the court order the sought-after dismissal , Cienfuegos will be transported to Mexico in custody of the U.S .
Marshals Service .
Mexico ’ s own investigation fits with statements by Mexican President Andrés Manuel López Obrador who , upon Cienfuegos ’ arrest , pledged to suspend or remove any active officials linked to the former defense secretary , who managed the country ’ s army and air force from 2012 to 2018 .
López Obrador spoke about the broad extent of corruption indicated by several @ @ @ @ @ @ @ Sinaloa cartel drug lord Joaquín “ El Chapo ” Guzmán , who received a life sentence .
Testimony during Guzmán ’ s trial tied the country ’ s organized crime to the highest reaches of Mexico ’ s government .
And in December 2019 , Genaro García Luna , who served as Mexico ’ s minister of public security under former President Felipe Calderón , was arrested on drug trafficking charges .
He now awaits trial in Brooklyn .
“ I have always said that it was not just one single crisis but @ @ @ @ @ @ @ López Obrador said regarding Cienfuegos and the others , in remarks translated by the editor of Mexico Business .
U.S. Attorney General William P. Barr released a joint statement Tuesday with Mexico ’ s Attorney General Alejandro Gertz Manero , explaining the plan to drop charges against Cienfuegos .
“ In recognition of the strong law enforcement partnership between Mexico and the United States , and in the interests of demonstrating our united front against all forms of criminality , the U.S. Department of Justice has made the decision to seek dismissal of @ @ @ @ @ @ @ Cienfuegos , so that he may be investigated and , if appropriate , charged , under Mexican law , ” the joint statement reads .
The release goes on to say that , at Manero ’ s request , the U.S. Department of Justice has shared evidence with Mexico under a treaty between the two nations .
“ As the decision today reflects , we are stronger when we work together and respect the sovereignty of our nations and their institutions , ” the statement says .
“ This close partnership increases the @ @ @ @ @ @ @ countries .
”

The U.S. Government Tuesday evening announced plans to drop drug trafficking and money laundering charges against former Mexican defense secretary Salvador Cienfuegos Zepeda, who was set to appear in a federal court in Brooklyn Wednesday, so he may be tried in Mexico instead.
BROOKLYN (CN) — The U.S. government Tuesday evening announced plans to drop drug trafficking and money laundering charges against former Mexican defense secretary Salvador Cienfuegos Zepeda, who was set to appear in a federal court in Brooklyn Wednesday, so he may be tried in Mexico instead.
In a now-unsealed letter to the court, filed Monday and amended Tuesday, Acting U.S. Attorney Seth DuCharme asked Senior U.S. District Judge Carol Bagley Amon to dismiss without prejudice charges against the 72-year-old retired general.
“[T]he United States has determined that sensitive and important foreign policy considerations outweigh the government’s interest in pursuing the prosecution of the defendant, under the totality of the circumstances, and therefore require dismissal of the case,” DuCharme wrote.
The letter goes on to say that Mexican government officials were not aware of the sealed U.S. indictment at the time of Cienfuegos’ arrest, and had in fact started their own investigation into his conduct.
After discussions between the neighboring nations, DuCharme says, the U.S. decided to dismiss charges “so that Mexico could proceed first with investigating and potentially prosecuting the defendant under Mexican law for the alleged conduct at issue, which occurred in Mexico.”
Cienfuegos is charged with four counts of conspiracy to manufacture and distribute heroin, cocaine, methamphetamine and marijuana, as well as conspiracy to launder proceeds from selling narcotics.
“In exchange for bribe payments, he permitted the H-2 Cartel — a cartel that routinely engaged in wholesale violence, including torture and murder — to operate with impunity in Mexico,” DuCharme wrote in an Oct. 16 detention memo.
Now, DuCharme writes, the Mexican government should take the next steps in prosecuting Cienfuegos. Should the court order the sought-after dismissal, Cienfuegos will be transported to Mexico in custody of the U.S. Marshals Service.
Mexico’s own investigation fits with statements by Mexican President Andrés Manuel López Obrador who, upon Cienfuegos’ arrest, pledged to suspend or remove any active officials linked to the former defense secretary, who managed the country’s army and air force from 2012 to 2018.
López Obrador spoke about the broad extent of corruption indicated by several other recent prosecutions, including that of Sinaloa cartel drug lord Joaquín “El Chapo” Guzmán, who received a life sentence. Testimony during Guzmán’s trial tied the country’s organized crime to the highest reaches of Mexico’s government.
And in December 2019, Genaro García Luna, who served as Mexico’s minister of public security under former President Felipe Calderón, was arrested on drug trafficking charges. He now awaits trial in Brooklyn.
“I have always said that it was not just one single crisis but a process of progressive degradation,” López Obrador said regarding Cienfuegos and the others, in remarks translated by the editor of Mexico Business.
U.S. Attorney General William P. Barr released a joint statement Tuesday with Mexico’s Attorney General Alejandro Gertz Manero, explaining the plan to drop charges against Cienfuegos.
“In recognition of the strong law enforcement partnership between Mexico and the United States, and in the interests of demonstrating our united front against all forms of criminality, the U.S. Department of Justice has made the decision to seek dismissal of the U.S. criminal charges against former Secretary Cienfuegos, so that he may be investigated and, if appropriate, charged, under Mexican law,” the joint statement reads.
The release goes on to say that, at Manero’s request, the U.S. Department of Justice has shared evidence with Mexico under a treaty between the two nations.
“As the decision today reflects, we are stronger when we work together and respect the sovereignty of our nations and their institutions,” the statement says. “This close partnership increases the security of the citizens of both our countries.”


courthousenews--2020-11-18--Son of Drowned ‘Glee’ Star Sues Ventura County Over Lake Accident

( CN ) — “ Glee ” star Naya Rivera drowned in a Ventura County lake this past summer because a boat she rented with her son from the county did not have a ladder and other safety equipment , according to a wrongful death lawsuit filed Tuesday .
Rivera rose to stardom playing the lesbian cheerleader Santana Lopez on “ Glee ” during its entire run , from 2009 to 2015 .
This past July , she and her four-year-old son rented a pontoon boat at Lake Piru and went for an afternoon swim .
She disappeared , and @ @ @ @ @ @ @ boat hours after he and his mother were last seen .
According to the complaint , the current and wind on the lake carried the pontoon away from where they went into the water and the two were separated .
Rivera ’ s son , Josey Dorsey , was able to make it back on the boat and heard his mother crying for help but he couldn ’ t find anything to throw to her as she struggled for her life , the complaint filed in Ventura County Superior Court says .
“ @ @ @ @ @ @ @ for his mother , and saw that Naya disappeared , ” the lawsuit filed by Dorsey and Rivera ’ s estate says .
“ Josey yelled for help and cried alone in the boat until he was found more than an hour later ” by a county employee .
A search and recovery crew found Rivera ’ s body five days later after extensive search of the lake .
The coroner ruled her death an accidental drowning .
According to the lawsuit , which also includes claims of negligent infliction of emotion distress @ @ @ @ @ @ @ .
The pontoon she rented from the county Parks and Recreation Management lacked a “ safely accessible ladder , adequate rope , an anchor , a radio or any security mechanisms to prevent swimmers from being separated from their boats , ” according to the lawsuit .
“ Disturbingly , later inspection revealed that the boat was not even equipped with any flotation or lifesaving devices , in direct violation of California law , which requires that all pontoons longer than 16 feet be equipped with flotation devices , ” the plaintiffs say @ @ @ @ @ @ @ the signage on the boat was outdated and inaccurately claimed the boat complied with U.S. Coast Guard safety standards .
The lawsuit also details the deadly history of Lake Piru , with 26 known drownings since the 1950s .
They plaintiffs say there are no signs at the docks , the shore or any of the popular swimming areas about “ the strong currents , low visibility , high winds , changing water depths , underwater caves , ledges , and dropoffs , or the trees , brush , and other debris that @ @ @ @ @ @ @ water levels and winds.
” Rivera ’ s body was found in 25 to 30 feet of water , in a part of the lake with an underwater shelf nearby that is 65-70 feet deep and thick with heavy debris and trees that rise up from the lakebed , according to the complaint .
In addition to the dangerous conditions , the plaintiffs say the rental process was inadequate and the life vest was optional .
They also say Rivera was a strong swimmer .
The complaint disputes news accounts that Rivera boosted @ @ @ @ @ @ @ says she likely had no idea he made it back to the boat safely .
An email to Ventura County ’ s county executive officer and county counsel was not immediately answered by press time .

“Glee” star Naya Rivera drowned in a Ventura County lake this past summer because a boat she rented with her son from the county did not have a ladder and other safety equipment, according to a wrongful death lawsuit filed Tuesday.
(CN) — “Glee” star Naya Rivera drowned in a Ventura County lake this past summer because a boat she rented with her son from the county did not have a ladder and other safety equipment, according to a wrongful death lawsuit filed Tuesday.
Rivera rose to stardom playing the lesbian cheerleader Santana Lopez on “Glee” during its entire run, from 2009 to 2015.
This past July, she and her four-year-old son rented a pontoon boat at Lake Piru and went for an afternoon swim.
She disappeared, and her son was found alone on the boat hours after he and his mother were last seen. According to the complaint, the current and wind on the lake carried the pontoon away from where they went into the water and the two were separated.
Rivera's son, Josey Dorsey, was able to make it back on the boat and heard his mother crying for help but he couldn't find anything to throw to her as she struggled for her life, the complaint filed in Ventura County Superior Court says.
"Josey then looked back at the water for his mother, and saw that Naya disappeared," the lawsuit filed by Dorsey and Rivera’s estate says. "Josey yelled for help and cried alone in the boat until he was found more than an hour later" by a county employee.
A search and recovery crew found Rivera's body five days later after extensive search of the lake. The coroner ruled her death an accidental drowning.
According to the lawsuit, which also includes claims of negligent infliction of emotion distress, Rivera’s drowning was preventable.
The pontoon she rented from the county Parks and Recreation Management lacked a “safely accessible ladder, adequate rope, an anchor, a radio or any security mechanisms to prevent swimmers from being separated from their boats,” according to the lawsuit.
“Disturbingly, later inspection revealed that the boat was not even equipped with any flotation or lifesaving devices, in direct violation of California law, which requires that all pontoons longer than 16 feet be equipped with flotation devices,” the plaintiffs say in their complaint.
They also say the signage on the boat was outdated and inaccurately claimed the boat complied with U.S. Coast Guard safety standards.
The lawsuit also details the deadly history of Lake Piru, with 26 known drownings since the 1950s. They plaintiffs say there are no signs at the docks, the shore or any of the popular swimming areas about “the strong currents, low visibility, high winds, changing water depths, underwater caves, ledges, and dropoffs, or the trees, brush, and other debris that congest its waters due to vastly changing water levels and winds.”
Rivera’s body was found in 25 to 30 feet of water, in a part of the lake with an underwater shelf nearby that is 65-70 feet deep and thick with heavy debris and trees that rise up from the lakebed, according to the complaint.
In addition to the dangerous conditions, the plaintiffs say the rental process was inadequate and the life vest was optional. They also say Rivera was a strong swimmer.
The complaint disputes news accounts that Rivera boosted her son back onto the boat and says she likely had no idea he made it back to the boat safely.
Amjad Khan from Brown Neri Smith Khan represents the plaintiffs.
A Ventura County spokesperson said the county hadn't seen the lawsuit and declined further comment.


courthousenews--2020-11-19--Student-Athletes Sue NCAA Over Endorsements, Social Media Revenue

OAKLAND , Calif. ( CN ) — A federal judge is entertaining another student-athlete led antitrust class action against the National Collegiate Athletic Association , this time over endorsement deals , autographs and social media revenue .
In June 2020 , Arizona State swimmer Grant House and Oregon women ’ s basketball player Sedona Prince sued the NCAA and the Power Five conferences over rules prohibiting them from receiving any compensation for marketing themselves in ways that monetarily benefit their schools .
Former Illinois defensive lineman Tymir Oliver filed a separate class action raising the same claims in July .
@ @ @ @ @ @ @ asked U.S. District Judge Claudia Wilken to toss the student-athletes claims , asserting that they are merely rehashing old legal arguments settled in class actions brought years ago by former UCLA star Ed O ’ Bannon and former West Virginia football player Shawne Alston .
Back in 2014 , Wilken found the NCAA had violated federal antitrust law with amateurism rules denying major college basketball and football players compensation for the use of their names , images and likenesses .
The case went to the Ninth Circuit Court of Appeal , which upheld @ @ @ @ @ @ @ down her proposal that colleges should pay athletes deferred compensation of up to $ 5,000 per year .
The U.S. Supreme Court declined to take up the case .
Five years later , Wilken again ruled in favor of college athletes , finding the NCAA ’ s restrictions on education-related benefits also violated federal antitrust laws by restraining trade in the market for a college education combined with the market for the players ’ athletic services .
Her decision was affirmed by the Ninth Circuit in May .
In its motion to dismiss @ @ @ @ @ @ @ as a “ third bite at the same apple.
” NCAA attorney Rakesh Kilaru said Alston was only allowed to go forward because it challenged a broader set of rules than the O ’ Bannon case from 2014 .
But here , nothing has changed .
“ It ’ s the same set of rules that have been at issue in front of this court again and again , ” he said .
“ All these claims get at the same thing which is the amount of money student athletes can receive.
” @ @ @ @ @ @ @ argued Wednesday .
Berman also represented the O ’ Bannon and Alston classes .
“ O ’ Bannon focused on live game broadcasts , footage and video games .
In this case we have very important rights that weren ’ t even touched on in the O ’ Bannon case and that ’ s social media rights , ” Berman said .
“ I wonder if that ’ s because it hadn ’ t really burst on to the scene yet .
This whole influencer , brand monetization hadn ’ t started at @ @ @ @ @ @ @ “ That ’ s right .
The restraints impermissibly restrict social media rights , ” Berman said .
House , for example , is featured on Arizona State ’ s social media page , which brings in money for the school , but can not monetize his own personal social media accounts .
“ The same thing for Ms.
Prince , ” he said .
The players are also trying to upend rules barring endorsement deals with third parties .
“ In a world free from restraints , schools would compete for the @ @ @ @ @ @ @ ‘ Come to University of Oregon , we have a deal with Nike and a deal with Fox Sports and we ’ re giving football players 10 grand each if they come to Oregon.
” But Kilaru urged Wilken to hold off on allowing the cases to proceed while the NCAA and Congress hash out rule changes that could resolve the players ’ claims .
“ It would be backwards to say that because there is some consideration to potential rule changes by both the NCAA and Congress that that ’ s a @ @ @ @ @ @ @ into the fray and address a challenge to the rules as they sit now , ” he said .
But the players , it seems , would prefer to achieve their ends through the courts .
“ The lawsuit has a deterrent effect , that the NCAA knows we ’ re out here , ” Berman said .
“ We think having our case go forward even though the NCAA hasn ’ t decided anything is the right course at this point.
” Wilken did not say how she would rule , but @ @ @ @ @ @ @ document discovery .
A trial date , she said would be long in coming .
“ The earliest we could try the case is October 2023 , and that ’ s aggressive and not very realistic .
”

A federal judge is entertaining another student-athlete led antitrust class action against the National Collegiate Athletic Association, this time over endorsement deals, autographs and social media revenue.
OAKLAND, Calif. (CN) — A federal judge is entertaining another student-athlete led antitrust class action against the National Collegiate Athletic Association, this time over endorsement deals, autographs and social media revenue.
In June 2020, Arizona State swimmer Grant House and Oregon women’s basketball player Sedona Prince sued the NCAA and the Power Five conferences over rules prohibiting them from receiving any compensation for marketing themselves through third-party deals and sponsorships.
Former Illinois defensive lineman Tymir Oliver filed a separate class action raising the same claims in July.
At a hearing Wednesday, the NCAA asked U.S. District Judge Claudia Wilken to toss the student-athletes claims, asserting that they are merely rehashing old legal arguments settled in class actions brought years ago by former UCLA star Ed O’Bannon and former West Virginia football player Shawne Alston.
Back in 2014, Wilken found the NCAA had violated federal antitrust law with amateurism rules denying major college basketball and football players compensation for the use of their names, images and likenesses.
The case went to the Ninth Circuit Court of Appeal, which upheld Wilken on the antitrust violation but struck down her proposal that colleges should pay athletes deferred compensation of up to $5,000 per year. The U.S. Supreme Court declined to take up the case.
Five years later, Wilken again ruled in favor of college athletes, finding the NCAA’s restrictions on education-related benefits also violated federal antitrust laws by restraining trade in the market for a college education combined with the market for the players’ athletic services.
Her decision was affirmed by the Ninth Circuit in May.
In its motion to dismiss, the NCAA decried the latest challenges as a “third bite at the same apple.”
NCAA attorney Rakesh Kilaru said Alston was only allowed to go forward because it challenged a broader set of rules than the O’Bannon case from 2014. But here, nothing has changed.
“It's the same set of rules that have been at issue in front of this court again and again,” he said. “All these claims get at the same thing which is the amount of money student athletes can receive.”
Not so, class attorney Steve Berman argued Wednesday. Berman also represented the O’Bannon and Alston classes.
“O’Bannon focused on live game broadcasts, footage and video games. In this case we have very important rights that weren't even touched on in the O’Bannon case and that's social media rights,” Berman said.
“I wonder if that’s because it hadn't really burst on to the scene yet. This whole influencer, brand monetization hadn't started at that point,” Wilken observed.
“That's right. The restraints impermissibly restrict social media rights,” Berman said.
House, for example, is featured on Arizona State’s social media page, which brings in money for the school, but cannot monetize his own personal social media accounts.
“The same thing for Ms. Prince,” he said.
The players are also trying to upend rules barring endorsement deals with third parties.
Though the NCAA has begun dismantling its rules on endorsements, rule changes to allow Division I athletes to earn money from such deals will not be final until January 2021.
“In a world free from restraints, schools would compete for the labor of students. They would say ‘Come to University of Oregon, we have a deal with Nike and a deal with Fox Sports and we're giving football players 10 grand each if they come to Oregon.”
But Kilaru urged Wilken to hold off on allowing the cases to proceed while the NCAA and Congress hash out rule changes that could resolve the players’ claims.
“It would be backwards to say that because there is some consideration to potential rule changes by both the NCAA and Congress that that's a reason for an antitrust court to jump into the fray and address a challenge to the rules as they sit now,” he said.
But the players, it seems, would prefer to achieve their ends through the courts.
"The lawsuit has a deterrent effect, that the NCAA knows we're out here,” Berman said.
“We think having our case go forward even though the NCAA hasn't decided anything is the right course at this point."
Wilken did not say how she would rule, but has allowed the parties to proceed with document discovery. A trial date, she said would be long in coming.
“The earliest we could try the case is October 2023, and that's aggressive and not very realistic.”


Bribery Charges

SAN FRANCISCO — Federal prosecutors on Wednesday charged San Francisco trash company executive Paul Fredrick Giusti with bribery of the @ @ @ @ @ government regulator , alleging that he provided over $ 1 million in order to influence @ @ @


courthousenews--2020-11-19--California Courts Covid Update

California Courts Covid Update

Nov. 12 , 2020 : Implementation of emergency relief for extension of certain time periods Nov. 13 , 2020 : @ @ @ @ @ emergency relief for procedures and protocols Nov. 16 , 2020 : Fifth amended order regarding @ @ @ @ @ commitments Nov. 16 , 2020 : Notice regarding reduction of services from Nov. 23 , @ @ @ @ @ 2021 to mitigate spread of Covid-19


Employee Benefits

SAN DIEGO — A group of hotel and salon owners are suing California over its requirement that employers give workers @ @ @ @ @ the workers are independent contractors and not subject to the law .


Ghost Pandemic

SALEM , Mass .
— A walking ghost tour in Salem , Massachusetts , is suing Governor Charlie Baker over @ @ @ @ @ that bans outdoor walking tours with more than 12 people .


courthousenews--2020-11-19--PG&E May Have Failed to Remove Tree Suspected of Sparking Zogg Fire

SAN FRANCISCO ( CN ) — A large pine tree suspected of causing the Zogg Fire that killed four people in Northern California in September was potentially flagged for removal two years ago but never taken down , Pacific Gas and Electric revealed in a court filing Wednesday .
PG & E could not confirm with 100 % certainty that a tall gray pine tree , parts of which were collected as evidence by state fire investigators , was the same one tagged for removal in 2018 , but two pine trees in that location were identified as needing to @ @ @ @ @ @ @ .
“ PG & E currently believes the Gray Pine of interest may have been identified for removal ( but not removed ) during restoration efforts following the Carr Fire in 2018 , based on certain records recently reviewed by PG & E concerning that restoration work , ” the company stated in a court filing Wednesday .
Those are not the only two trees that were flagged but not removed in the area .
According to PG & E , ten trees in the vicinity were marked “ No ” under a @ @ @ @ @ @ @ database , indicating they were tagged for trimming or removal but never worked on .
PG & E said it is still investigating the cause of the failure but speculated that a nearby resident may be partly to blame .
In October 2018 , a Zogg Mine Road resident “ who believed that PG & E crews were cutting trees unnecessarily ” interrupted tree work , brandished a firearm and threatened to do so again , according to the company .
Steps were taken to get a police escort and protect tree crews @ @ @ @ @ @ @ Camp Fire broke out on Nov. 8 , 2018 , and “ resources were shifted to the post-Camp Fire response.
” The two trees in question were flagged for removal by an inspector working for Mountain G Enterprises , a PG & E contractor , and separately by a quality control inspector with California Forestry and Vegetation Management , another PG & E contractor .
Mountain F , a Mountain G affiliate , or its subcontractors were supposed to do tree work prescribed by inspectors , but some of that work was never @ @ @ @ @ @ @ potential misstep in this saga .
At least two routine patrols were conducted in that area over the last two years , but the two pine trees previously flagged for removal were not identified by inspectors in subsequent checks .
In 2019 , PG & E was supposed to conduct an enhanced inspection , known as a Catastrophic Event Memorandum Account patrol , in the area .
That inspection could have identified trees previously flagged for removal but not taken down , but the enhanced patrol never took place due to a scheduling @ @ @ @ @ @ @ separate CEMA inspection was not performed when the schedule would have caused it to be completed close in time to a routine patrol is consistent with guidance from PG & E ’ s vegetation management team in 2019 , ” the company said in its court filing .
The court filing was submitted in response to U.S. District Judge William Alsup ’ s demand that PG & E provide more information on its potential role in sparking the Zogg Fire in Shasta County on Sept. 27 .
The blaze burned 56,000 acres over @ @ @ @ @ @ @ killed four people , including a mother and her 8-year-old daughter .
Alsup oversees PG & E ’ s criminal probation for felony convictions related to the fatal 2010 San Bruno gas pipeline explosion .
The probation term expires in January 2022 .
Last month , PG & E told Alsup that no one chose to keep the 12,000-volt Girvan Circuit distribution line powered in the area where the Zogg Fire sparked because its fire-risk model system never identified that line as one to be considered for de-energization .
Also on Wednesday , @ @ @ @ @ @ @ Patricia “ Patti ” Poppe as the company ’ s new CEO starting on Jan. 4 .
Poppe currently heads Michigan ’ s largest utility company , Consumers Energy Company .
Last week , Sonoma County and other local government entities filed a $ 100 million lawsuit against PG & E over the 2019 Kincade Fire that burned over 77,000 acres and destroyed 374 structures .
A broken PG & E jumper cable is suspected as the cause of the fire .
In July , PG & E emerged from Chapter 11 bankruptcy @ @ @ @ @ @ @ in settlements over claims that its equipment sparked a series of destructive wildfires in 2015 , 2017 and 2018 .
In June , PG & E pleaded guilty to 84 counts of manslaughter and received the maximum sentence , a $ 3.5 million fine , for its role in sparking the deadly 2018 Camp Fire that burned more than 153,000 acres , wrecked 18,800 buildings and destroyed the town of Paradise in Butte County .

A large pine tree suspected of causing the Zogg Fire that killed four people in Northern California in September was potentially flagged for removal two years ago but never taken down, Pacific Gas and Electric revealed in a court filing Wednesday.
SAN FRANCISCO (CN) — A large pine tree suspected of causing the Zogg Fire that killed four people in Northern California in September was potentially flagged for removal two years ago but never taken down, Pacific Gas and Electric revealed in a court filing Wednesday.
PG&E could not confirm with 100% certainty that a tall gray pine tree, parts of which were collected as evidence by state fire investigators, was the same one tagged for removal in 2018, but two pine trees in that location were identified as needing to be cut down and never worked on.
“PG&E currently believes the Gray Pine of interest may have been identified for removal (but not removed) during restoration efforts following the Carr Fire in 2018, based on certain records recently reviewed by PG&E concerning that restoration work,” the company stated in a court filing Wednesday.
Those are not the only two trees that were flagged but not removed in the area. According to PG&E, ten trees in the vicinity were marked “No” under a “tree worked” field in its database, indicating they were tagged for trimming or removal but never worked on.
PG&E said it is still investigating the cause of the failure but speculated that a nearby resident may be partly to blame. In October 2018, a Zogg Mine Road resident “who believed that PG&E crews were cutting trees unnecessarily” interrupted tree work, brandished a firearm and threatened to do so again, according to the company.
Steps were taken to get a police escort and protect tree crews at that time, but then the Camp Fire broke out on Nov. 8, 2018, and “resources were shifted to the post-Camp Fire response.”
The two trees in question were flagged for removal by an inspector working for Mountain G Enterprises, a PG&E contractor, and separately by a quality control inspector with California Forestry and Vegetation Management, another PG&E contractor. Mountain F, a Mountain G affiliate, or its subcontractors were supposed to do tree work prescribed by inspectors, but some of that work was never completed.
That was not the only potential misstep in this saga. At least two routine patrols were conducted in that area over the last two years, but the two pine trees previously flagged for removal were not identified by inspectors in subsequent checks.
In 2019, PG&E was supposed to conduct an enhanced inspection, known as a Catastrophic Event Memorandum Account patrol, in the area. That inspection could have identified trees previously flagged for removal but not taken down, but the enhanced patrol never took place due to a scheduling glitch.
“The fact that a separate CEMA inspection was not performed when the schedule would have caused it to be completed close in time to a routine patrol is consistent with guidance from PG&E’s vegetation management team in 2019,” the company said in its court filing.
The court filing was submitted in response to U.S. District Judge William Alsup’s demand that PG&E provide more information on its potential role in sparking the Zogg Fire in Shasta County on Sept. 27. The blaze burned 56,000 acres over 16 days, destroyed 204 structures and killed four people, including a mother and her 8-year-old daughter.
Alsup oversees PG&E’s criminal probation for felony convictions related to the fatal 2010 San Bruno gas pipeline explosion. The probation term expires in January 2022.
Last month, PG&E told Alsup that no one chose to keep the 12,000-volt Girvan Circuit distribution line powered in the area where the Zogg Fire sparked because its fire-risk model system never identified that line as one to be considered for de-energization.
Also on Wednesday, PG&E announced the appointment of Patricia "Patti" Poppe as the company’s new CEO starting on Jan. 4. Poppe currently heads Michigan’s largest utility company, Consumers Energy Company.
Last week, Sonoma County and other local government entities filed a $100 million lawsuit against PG&E over the 2019 Kincade Fire that burned over 77,000 acres and destroyed 374 structures. A broken PG&E jumper cable is suspected as the cause of the fire.
In July, PG&E emerged from Chapter 11 bankruptcy after agreeing to pay $25.5 billion in settlements over claims that its equipment sparked a series of destructive wildfires in 2015, 2017 and 2018.
In June, PG&E pleaded guilty to 84 counts of manslaughter and received the maximum sentence, a $3.5 million fine, for its role in sparking the deadly 2018 Camp Fire that burned more than 153,000 acres, wrecked 18,800 buildings and destroyed the town of Paradise in Butte County.


Mislabeled Prescription

SCRANTON , Pa. — A federal court in Pennsylvania denied a pharmaceutical packaging company ’ s request to dismiss a @ @ @ @ @ its mislabeling of a medication prescribed to prevent blood clots , heart attacks and strokes @ @ @ @ @ wrong drug for several weeks , believing it to be his correct prescription , had @ @ @ @ @ .


Plane Crash

ATLANTA — The Eleventh Circuit upheld a ruling in favor of a government contractor on a widow ’ s complaint @ @ @ @ @ maintain an F-16 that her husband was flying when it crashed into the Gulf of @ @ @ @ @ the High Seas Act applies to the case and precludes the widow ’ s warranty @ @ @ @


Remote Legislating

CONCORD , N.H. — The Supreme Court of New Hampshire ruled that remote sessions of the state ’ s House @ @ @ @ @ a quorum could be determined electronically , ” would not violate the state constitution .
@ @ @ @ @ House to seek guidance from the court on the issue .


courthousenews--2020-11-18--Apple to Pay $113 Million to Settle Investigation Over Slowed iPhone Batteries

( CN ) — California-based Apple settled an investigation by nearly three dozen states Wednesday , agreeing to pay $ 113 million in a global settlement to rectify its practice of slowing down older model iPhones to preserve the devices ’ aging batteries .
The settlement resolves claims Apple failed to disclose to iPhone users the software it instructed consumers to download in December 2016 intentionally slowed down the performance of older phones through a process called “ throttling.
” Apple used “ throttling ” to prevent the automatic shutdown of phones with aging batteries but did not tell its @ @ @ @ @ @ @ system performance when advising iPhone users to perform system updates .
The multi-state investigation was led by Arizona Attorney General Mark Brnovich , Arkansas Attorney General Leslie Rutledge and Indiana Attorney General Curtis Hill .
California received $ 24.6 million from the settlement while 33 other states recovered $ 88.4 million .
California Attorney General Xavier Becerra said in a statement : “ This type of behavior hurts the pockets of consumers and limits their ability to make informed purchases .
Today ’ s settlement ensures consumers will have access to the information @ @ @ @ @ @ @ when purchasing and using Apple products.
” The California complaint filed by Becerra in Alameda Superior Court alleges Apple equipped its iPhone 6 and 7 model phones with batteries particularly susceptible to performance loss which caused unexpected shutdowns when the batteries could not provide sufficient voltage to support phone processing performance .
Apple attempted to mitigate shutdowns through software updates which throttled the phones ’ processing performance .
The company is accused of misrepresenting the effects of the software updates by claiming they would improve power management rather than alerting consumers the updates @ @ @ @ @ @ @ .
In addition to the $ 113 million settlement , Apple will maintain a webpage that provides clear information to consumers about how it manages battery performance issues .
It will also provide clear and visible notices to consumers when an iOS update affects iPhone processing performance , according to the settlement agreement .
Additionally , information will be provided in the iPhone settings menu about consumers ’ battery performance and maximum capacity , as well as when a battery has experienced performance degradation requiring servicing .
Apple also recently settled a $ @ @ @ @ @ @ @ the battery issues , which was also challenged by investors in a separate complaint .
Apple did not immediately return a request for comment .
The company did not admit to any wrongdoing , instead stating in the settlement that it agreed to it to “ avoid significant expense , inconvenience , and uncertainty .
”

California-based Apple settled an investigation by nearly three dozen states Wednesday, agreeing to pay $113 million in a global settlement to rectify its practice of slowing down older model iPhones to preserve the devices’ aging batteries.
(CN) — California-based Apple settled an investigation by nearly three dozen states Wednesday, agreeing to pay $113 million in a global settlement to rectify its practice of slowing down older model iPhones to preserve the devices’ aging batteries.
The settlement resolves claims Apple failed to disclose to iPhone users the software it instructed consumers to download in December 2016 intentionally slowed down the performance of older phones through a process called “throttling.”
Apple used “throttling” to prevent the automatic shutdown of phones with aging batteries but did not tell its customers it purposefully reduced their devices’ system performance when advising iPhone users to perform system updates.
The multi-state investigation was led by Arizona Attorney General Mark Brnovich, Arkansas Attorney General Leslie Rutledge and Indiana Attorney General Curtis Hill.
California received $24.6 million from the settlement while 33 other states recovered $88.4 million.
California Attorney General Xavier Becerra said in a statement: “This type of behavior hurts the pockets of consumers and limits their ability to make informed purchases. Today’s settlement ensures consumers will have access to the information they need to make a well-informed decision when purchasing and using Apple products.”
The California complaint filed by Becerra in Alameda Superior Court alleges Apple equipped its iPhone 6 and 7 model phones with batteries particularly susceptible to performance loss which caused unexpected shutdowns when the batteries could not provide sufficient voltage to support phone processing performance.
Apple attempted to mitigate shutdowns through software updates which throttled the phones’ processing performance. The company is accused of misrepresenting the effects of the software updates by claiming they would improve power management rather than alerting consumers the updates reduced performance, according to the complaint.
In addition to the $113 million settlement, Apple will maintain a webpage that provides clear information to consumers about how it manages battery performance issues. It will also provide clear and visible notices to consumers when an iOS update affects iPhone processing performance, according to the settlement agreement.
Additionally, information will be provided in the iPhone settings menu about consumers’ battery performance and maximum capacity, as well as when a battery has experienced performance degradation requiring servicing.
Apple also recently settled a $500 million consumer class action related to the battery issues, which was also challenged by investors in a separate complaint.
Apple did not immediately return a request for comment. The company did not admit to any wrongdoing, instead stating in the settlement that it agreed to it to "avoid significant expense, inconvenience, and uncertainty."


courthousenews--2020-11-19--Tokyo Rose: The Woman Wrongfully Convicted of Treason

SAN FRANCISCO ( CN ) — Looking back on the 1949 treason trial and conviction of Iva Toguri , who came to be known as the notorious “ Tokyo Rose ” radio propagandist during World War II , scholars and historians say it was the U.S. government that betrayed Toguri , not the other way around .
“ There was a myth of Tokyo Rose , ” U.S. District Judge Jon Tigar said during a virtual panel discussion on the historic trial Wednesday .
“ She was a convenient foil.
” There was no real person named “ Tokyo Rose.
@ @ @ @ @ @ @ American soldiers serving near Japan featured the voices of about 20 different women .
“ Tokyo Rose ” was a name invented by U.S. soldiers who liked the Japanese radio show because it played popular American music and amused them with outrageous claims , according to author Michael Weedall .
Iva Toguri , who would later become known as “ Tokyo Rose , ” was born in Southern California on July 4 , 1916 , to parents who emigrated from Japan .
She graduated from UCLA with dreams of becoming a medical doctor @ @ @ @ @ @ @ visiting her sick aunt in Japan when Japanese forces attacked Pearl Harbor and war broke out , leaving her stranded in enemy territory .
According to Weedall , author of “ Iva : The True Story of Tokyo Rose , ” a historical novel based on Toguri ’ s life , Toguri refused to become a Japanese citizen and was denied a ration card because of her “ outspoken loyalty to the U.S. ” She was forced to buy food at inflated prices on the black market and eventually took a job at @ @ @ @ @ @ @ and told jokes as “ Orphan Ann ” for a broadcast show called Zero Hour .
American prisoners of war were also forced to work for Radio Tokyo , and according to Weedall , Toguri helped them sneak food and medicine into POW camps .
According to Naoko Shibusawa , a history professor at Brown University , American POWs working at Radio Tokyo convinced Toguri that she could undermine Japan ’ s propagandistic aims by playing good music for American soldiers and entertaining them .
After the war , Commander Robert Eichelberger of @ @ @ @ @ @ @ her for “ cheering up GIs ” during the war , Shibusawa said .
But when Toguri gave an interview that led to a published story in which she described being Tokyo Rose , the publicity prompted the U.S. military to detain her for a year while they investigated her wartime activities .
They found no evidence of treason and released her .
When she applied to return to the U.S. , radio commentator Walter Winchell got wind of her plans and used his influential newspaper column and radio show to argue that @ @ @ @ @ @ @ With pressure mounting on President Harry S. Truman ’ s administration amid accusations that he was “ soft on traitors , ” federal prosecutors reopened the case and brought Toguri to the U.S. to stand trial , according to Charles Wollenberg , a history professor at Berkeley City College .
Because the government lacked hard evidence , it relied heavily on witness testimony during the trial .
Among the few recordings and transcripts of Toguri ’ s broadcasts , “ none showed her doing more than being a disc jockey introducing American popular @ @ @ @ @ @ @ Wollenberg said .
Wayne Collins , the lawyer who represented Fred Koramatsu in his unsuccessful challenge against Japanese internment camps in the Supreme Court , defended Toguri during the trial in San Francisco .
Collins ’ son , Wayne Collins Jr. , is one of the panel members who discussed the trial on Wednesday .
He described tactics prosecutors used to pressure witnesses to testify against Toguri and to intimidate witnesses so they would not testify in Toguri ’ s defense .
“ Nobody went into that courtroom as a witness for the @ @ @ @ @ @ @ pressure to perjure themselves , ” Collins said .
More than 20 years after the trial , two witnesses confessed to a Chicago Tribune reporter that they lied on the stand and had been pressured by the government to do so , according to Wollenberg .
But the most egregious conduct came from the judge , Wollenberg said .
U.S. District Judge Michael J. Roche limited what arguments the defense could present to the jury .
He told jurors they could not consider that Toguri had been giving food and medicine to American @ @ @ @ @ @ @ the Japanese military to participate in the broadcasts .
After a 12-week trial , the jury was split with nine jurors favoring conviction and three against , but the judge refused to throw out the case .
“ Instead of declaring a mistrial , Judge Roche gave them a lecture saying the government had spent 13 weeks on this trial and spent $ 700,000 on the case , ” Wollenberg said .
“ He in effect said the jury was obligated to come up with a verdict.
” At the time , it @ @ @ @ @ @ @ history .
Judge Tigar noted that giving a jury an instruction like that today would be considered unconstitutional .
The jury eventually came back and convicted Toguri of one count of treason .
She was sentenced to 10 years in prison , fined $ 10,000 and lost her U.S. citizenship .
Her lawyer , Collins , would spend the rest of his life trying to get the conviction overturned .
According to Wollenberg , Toguri ’ s trial is a perfect example of how to not run a justice system .
“ There @ @ @ @ @ @ @ procedures that had anything to do with justice , ” Wollenberg said .
“ It had all to do with politics , racism and sexism.
” Tigar said Toguri was punished for her patriotism .
“ All she ever did was play records , tell jokes and make Americans feel a little bit better about where they were , ” Tigar said .
Toguri was released from prison after six and a half years for good behavior .
She spent another year fighting deportation and , after winning that fight , joined her @ @ @ @ @ @ @ family ’ s gift shop .
In 1977 , President Gerald Ford pardoned Toguri during his last few days in office .
She died in 2006 at the age of 90 .

Looking back on the 1949 treason trial and conviction of Iva Toguri, who came to be known as the notorious “Tokyo Rose” radio propagandist during World War II, scholars and historians say it was the U.S. government that betrayed Toguri, not the other way around.
SAN FRANCISCO (CN) — Looking back on the 1949 treason trial and conviction of Iva Toguri, who came to be known as the notorious “Tokyo Rose” radio propagandist during World War II, scholars and historians say it was the U.S. government that betrayed Toguri, not the other way around.
By David Shapinsky from Washington, D.C., United States - Public Domain: WWII: "Tokyo Rose" (NARA), CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=4241197
“There was a myth of Tokyo Rose,” U.S. District Judge Jon Tigar said during a virtual panel discussion on the historic trial Wednesday. “She was a convenient foil.”
There was no real person named “Tokyo Rose.” The radio broadcasts aimed at demoralizing American soldiers serving in the Pacific featured the voices of about 20 different women. “Tokyo Rose” was a name invented by U.S. soldiers who liked the Japanese radio show because it played popular American music and amused them with outrageous claims, according to author Michael Weedall.
Iva Toguri, who would later become known as “Tokyo Rose,” was born in Southern California on July 4, 1916, to parents who emigrated from Japan. She graduated from UCLA with dreams of becoming a medical doctor. In December 1941, Toguri was visiting her sick aunt in Japan when Japanese forces attacked Pearl Harbor and war broke out, leaving her stranded in enemy territory.
According to Weedall, author of “Iva: The True Story of Tokyo Rose,” a historical novel based on Toguri’s life, Toguri refused to become a Japanese citizen and was denied a ration card because of her “outspoken loyalty to the U.S.”
She was forced to buy food at inflated prices on the black market and eventually took a job at Radio Tokyo, where she played records and told jokes as “Orphan Ann” for a broadcast show called Zero Hour. American prisoners of war were also forced to work for Radio Tokyo, and according to Weedall, Toguri helped them sneak food and medicine into POW camps.
According to Naoko Shibusawa, a history professor at Brown University, American POWs working at Radio Tokyo convinced Toguri that she could undermine Japan’s propagandistic aims by playing good music for American soldiers and entertaining them. After the war, Commander Robert Eichelberger of the Eighth Army met Toguri and thanked her for “cheering up GIs” during the war, Shibusawa said.
But when Toguri gave an interview that led to a published story in which she described being Tokyo Rose, the publicity prompted the U.S. military to detain her for a year while they investigated her wartime activities. They found no evidence of treason and released her.
When she applied to return to the U.S., radio commentator Walter Winchell got wind of her plans and used his influential newspaper column and radio show to argue that she should be charged with treason.
With pressure mounting on President Harry S. Truman’s administration amid accusations that he was “soft on traitors,” federal prosecutors reopened the case and brought Toguri to the U.S. to stand trial, according to Charles Wollenberg, a history professor at Berkeley City College.
Because the government lacked hard evidence, it relied heavily on witness testimony during the trial. Among the few recordings and transcripts of Toguri’s broadcasts, “none showed her doing more than being a disc jockey introducing American popular music and telling corny jokes,” Wollenberg said.
Wayne Collins, the lawyer who represented Fred Koramatsu in his unsuccessful challenge against Japanese internment camps in the Supreme Court, defended Toguri during the trial in San Francisco.
Collins’ son, Wayne Collins Jr., is one of the panel members who discussed the trial on Wednesday. He described tactics prosecutors used to pressure witnesses to testify against Toguri and to intimidate witnesses so they would not testify in Toguri’s defense.
“Nobody went into that courtroom as a witness for the prosecution that wasn’t under terrible pressure to perjure themselves,” Collins said.
More than 20 years after the trial, two witnesses confessed to a Chicago Tribune reporter that they lied on the stand and had been pressured by the government to do so, according to Wollenberg.
But the most egregious conduct came from the judge, Wollenberg said.
U.S. District Judge Michael J. Roche limited what arguments the defense could present to the jury. He told jurors they could not consider that Toguri had been giving food and medicine to American POWs or that she was ordered by the Japanese military to participate in the broadcasts.
After a 12-week trial, the jury was split with nine jurors favoring conviction and three against, but the judge refused to throw out the case.
“Instead of declaring a mistrial, Judge Roche gave them a lecture saying the government had spent 13 weeks on this trial and spent $700,000 on the case,” Wollenberg said. “He in effect said the jury was obligated to come up with a verdict.”
At the time, it was the most expensive prosecution in U.S. history.
Judge Tigar noted that giving a jury an instruction like that today would be considered unconstitutional.
The jury eventually came back and convicted Toguri of one count of treason. She was sentenced to 10 years in prison, fined $10,000 and lost her U.S. citizenship. Her lawyer, Collins, would spend the rest of his life trying to get the conviction overturned.
According to Wollenberg, Toguri’s trial is a perfect example of how to not run a justice system.
“There was nothing in this whole set of procedures that had anything to do with justice,” Wollenberg said. “It had all to do with politics, racism and sexism.”
Tigar said Toguri was punished for her patriotism.
“All she ever did was play records, tell jokes and make Americans feel a little bit better about where they were,” Tigar said.
Toguri was released from prison after six and a half years for good behavior. She spent another year fighting deportation and, after winning that fight, joined her relatives in Chicago where she managed her family’s gift shop.
In 1977, President Gerald Ford pardoned Toguri during his last few days in office. She died in 2006 at the age of 90.


Robocalls

WASHINGTON — The Federal Communications Commission fined a San Diego-based telemarketer nearly $ 10 million for making more than 47,000 @ @ @ @ @ before California ’ s 2018 primary election .
The calls , which referenced a woman @ @ @ @ @ candidate for state assembly tried to grope and kiss her in a bar , manipulated @ @ @ @ @ as if they were coming from another telemarketing company .


UPS Employees

SAN FRANCISCO — A federal court in California certified a subclass of UPS employees who claim they were wrongly denied @ @ @ @ @ The subclass includes all employees not provided with accurately itemized wage statements listing all hours @ @