courthousenews--2020-07-28--LAPD Expands Community-Based Approach to Policing

LOS ANGELES ( CN ) – The Los Angeles Police Department will expand a pilot program to create a new police bureau focused on minimal policing and more reliance on input from residents in their own neighborhoods .
Los Angeles Mayor Eric Garcetti said the Community Safety Partnership ( CSP ) Bureau will focus on community policing , in which both community-based groups and representatives from city hall will make up local neighborhood councils .
The CSP Bureau also oversees gang reduction youth development programs that “ ask [ residents ] for co-ownership ” of public safety , Garcetti said @ @ @ @ @ @ @ “ Today we take a big step forward in building on that success to ensure equity , justice and fairness for every Angeleno , ” said Garcetti .
“ We ’ re taking CSP from a core pillar of this department to part of the foundation of the Los Angeles Police Department .
We ’ re always learning we need to stay humble , we need to know where we fall short , but we have to keep demanding more and better.
” The makeup of the department will be fundamentally different from @ @ @ @ @ @ @ as the CSP bureau will rely on guidance from community leaders , representatives from city hall and others within the neighborhood .
Captain Emada Tingirides has been involved with the CSP program since its inception in 2010 .
Back then , it was only a pilot program in select parts of the city .
Tingirides said it was important not to have the word “ police ” in the bureau title .
“ This isn ’ t an LAPD program .
This is a community program , ” said Tingirides .
“ This @ @ @ @ @ @ @ communities and adjusting in how we work and respond to conflict within communities.
” The program provides gang intervention training for officers , who also meet with teenagers in the neighborhoods where they ’ re assigned .
“ This is the future of American policing , ” said civil rights attorney Connie Rice , who has championed the expansion of the program .
According to a study from the UCLA Luskin School of Public Affairs , the CSP program and other community-based partnerships with police have resulted in a reduction in violent crimes @ @ @ @ @ @ @ its rollout of the CSP expansion and says the program will improve trust in the police department over time .
The shift is part of an overall examination of police relationships with the communities they serve in the wake of the death of George Floyd , who was killed by a white police officer in Minneapolis over Memorial Day weekend .
Floyd ’ s death sparked nationwide protests over police brutality .
This past weekend , protesters who rallied in downtown LA encountered LAPD officers sporting riot gear and employing less-than-lethal weapons .
@ @ @ @ @ @ @ in Portland , Oregon , which is occupied by a federal police force .

The Los Angeles Police Department will expand a pilot program to create a new police bureau focused on minimal policing and more reliance on input from residents in their own neighborhoods.
LOS ANGELES (CN) — The Los Angeles Police Department will expand a pilot program to create a new police bureau focused on minimal policing and more reliance on input from residents in their own neighborhoods.
Los Angeles Mayor Eric Garcetti said the Community Safety Partnership (CSP) Bureau will focus on community policing, in which both community-based groups and representatives from city hall will make up local neighborhood councils.
The CSP Bureau also oversees gang reduction youth development programs that “ask [residents] for co-ownership” of public safety, Garcetti said during a press briefing on Monday.
“Today we take a big step forward in building on that success to ensure equity, justice and fairness for every Angeleno,” said Garcetti. “We’re taking CSP from a core pillar of this department to part of the foundation of the Los Angeles Police Department. We’re always learning we need to stay humble, we need to know where we fall short, but we have to keep demanding more and better.”
The makeup of the department will be fundamentally different from other policing units in the LAPD, as the CSP bureau will rely on guidance from community leaders, representatives from city hall and others within the neighborhood.
Captain Emada Tingirides has been involved with the CSP program since its inception in 2010. Back then, it was only a pilot program in select parts of the city. Tingirides said it was important not to have the word “police” in the bureau title.
“This isn’t an LAPD program. This is a community program,” said Tingirides. “This is about understanding the cultures of the communities and adjusting in how we work and respond to conflict within communities.”
The program provides gang intervention training for officers, who also meet with teenagers in the neighborhoods where they’re assigned.
“This is the future of American policing,” said civil rights attorney Connie Rice, who has championed the expansion of the program. According to a study from the UCLA Luskin School of Public Affairs, the CSP program and other community-based partnerships with police have resulted in a reduction in violent crimes. The LAPD cited the study in its rollout of the CSP expansion and says the program will improve trust in the police department over time.
The shift is part of an overall examination of police relationships with the communities they serve in the wake of the death of George Floyd, who was killed by a white police officer in Minneapolis over Memorial Day weekend. Floyd’s death sparked nationwide protests over police brutality.
This past weekend, protesters who rallied in downtown LA encountered LAPD officers sporting riot gear and employing less-than-lethal weapons. Demonstrators were protesting in solidarity with protesters in Portland, Oregon, which is occupied by a federal police force.


courthousenews--2020-07-28--A Little Slice of Café Life

A Little Slice of Café Life

With orange traffic barriers alongside , asphalt underneath and an orange umbrella above , their table in what used to be a traffic lane seemed like a little piece of the Continent .
“ It ’ s lovely to sit outside .
It ’ s very European , more informal , more friendly , ” said Moira McManamy Moe , out for lunch in Pasadena ’ s Old Town .
“ Better if they close the whole street .
Honest.
” “ In France and Italy , when it ’ s warm , there ’ s outdoor seating , ” @ @ @ @ @ @ @ luxurious.
” With all of California suffering through a long lockdown and many enduring on takeout food , the city moved in what by any measure constitutes extraordinary speed in blocking off two lanes on either side of Colorado Boulevard , the main street in town and the route along which the Rose Parade and its floats , horses and baton twirlers march every year .
Jack Huang who owns Sorriso ’ s , an Italian restaurant where Moe and her companion are having lunch , said he has been trying for 26 @ @ @ @ @ @ @ outdoor tables .
It took a pandemic to kickstart the change .
“ It happened in three days , ” he said .
He saw the neighboring city of Glendale pushing restaurants into the street a couple weeks ago and within a few days , Pasadena officials were closing off traffic lanes next to sidewalks .
He was given a permit to push more tables onto the asphalt on a rush basis .
“ No application fee , ” said Huang .
“ Free on everything , good to go.
” His business @ @ @ @ @ @ @ $ 3,000 to $ 9,000 in gross earnings .
“ Everything was full , ” said Roberto Diaz , a waiter at the restaurant which transformed literally overnight from an operation that was limping towards insolvency into a restaurant humming with business , where waiters were rushing in and out to serve diners outside .
Last Friday and Saturday nights , he said , every indoor table was moved outdoors and was occupied .
In restaurant economics , though , the bar is what generates a big chunk of the nightly income .
@ @ @ @ @ @ @ remains closed under the California governor ’ s current lockdown formula .
“ It ’ s about 60 % compared to this time last year , ” said the owner .
“ Every day we ’ re open , I ’ m negative , still sucking water.
” At a national level , restaurants have been hit with one calamity after another .
While a byzantine complex of local orders and state mandates have strangled their businesses , fear of contagion has pervaded customers .
The very means of transmission for the disease @ @ @ @ @ @ @ of restaurants and bars , social contact , the presence of others .
An overall estimate of losses to restaurants as a result of the pandemic totals $ 120 billion so far this year , as tabulated by the National Restaurant Association , while roughly 8 million out of 15 million workers in the nation ’ s food sector have been left without work .
In California , with the nation ’ s largest economy , a nascent reopening was hit first by recurring demonstrations during June that took over downtown areas , @ @ @ @ @ @ @ pandemic which continues to take its toll .
In early July , food joints throughout California were just getting back into rhythm with indoor dining and entertainment , when the second wave of disease hit .
Governor Gavin Newsom turned a “ dimmer switch ” earlier this month , and shut down shopping malls , indoor dining , bars and churches .
He then corrected what he called a misinterpretation of his order and said businesses could ply their trades outside , with the result that hairdressers , manicurists and fitness trainers moved @ @ @ @ @ @ @ restaurants throughout California .
But the bandwagon of café life has not been jumped on by all .
The ongoing state of dread has led a good number of restauranteurs to reject the same initiatives that are rescuing others .
In the heart of old town Pasadena , where historic buildings line the boulevard and a Mediterranean Revival style city hall rises nearby , three sushi restaurants are having nothing to do with outdoor tables .
The owner of one said she considers outdoor dining risky for passersby as well as her staff @ @ @ @ @ @ @ masks .
And since her family business now survives on a high volume of takeout orders , she does not want to lose the parking spaces directly out front .
The contrasting uplift in the mood at Sorriso ’ s , where pizza , pasta , salads and sandwiches are served , is evident in the staff and diners .
Two immigration lawyers who have not had lunch together since February are now talking under their own orange umbrella on the tarmac .
“ I ’ m glad to be out of the @ @ @ @ @ @ @ Martinez with an office nearby .
“ It sends a different message , ” said Glenn Kawahara who practices in Los Angeles .
“ Like — we ’ re OK. ” Those dining as well as the owner were hopeful that the new rules would stick around .
“ People love to be outside with the umbrellas and the plants , “ said Huang .
Moe ordered a grain bowl while her companion , Jeff Hernandez , was having the rib-eye burger .
Both are retired from the Department of Water and Power @ @ @ @ @ @ @ confined to their home for weeks .
“ At last we can come out , ” said Hernandez , “ better than eating out of a styrofoam container.
” With their meal arriving , Moe added , “ It gives us an opportunity to focus on the good things that could come from this unfortunate Covid virus… If they could get a couple canals .
”

Out of a pandemic came an experiment with how to enjoy a climate made for being outdoors. So while Europe has largely blocked travelers from America, we have brought a bit of the café life home.
With concrete traffic barriers alongside, asphalt underneath and a red umbrella above, their table in what used to be a traffic lane seemed like a little piece of the Continent.
“It’s lovely to sit outside. It’s very European, more informal, more friendly,” said Moira McManamy Moe, out for lunch in Pasadena’s Old Town. “Better if they close the whole street. Honest.”
“In France and Italy, when it’s warm, there’s outdoor seating,” she added. “It seems so luxurious.”
With all of California suffering through a long lockdown and many enduring on takeout food, the city moved in what by any measure constitutes extraordinary speed in blocking off two lanes on either side of Colorado Boulevard, the main street in town and the route along which the Rose Parade and its floats, horses and baton twirlers march every year.
Jack Huang who owns Sorriso’s, an Italian restaurant where Moe and her companion are having lunch, said he has been trying for 26 years to convince Pasadena to allow more outdoor tables. It took a pandemic to kickstart the change.
“It happened in three days,” he said. He saw the neighboring city of Glendale pushing restaurants into the street a couple weeks ago and within a few days, Pasadena officials were closing off traffic lanes next to sidewalks. He was given a permit to push more tables onto the asphalt on a rush basis. “No application fee,” said Huang. “Free on everything, good to go.”
His business tripled in one night, going from $3,000 to $9,000 in gross earnings. “Everything was full,” said Roberto Diaz, a waiter at the restaurant which transformed literally overnight from an operation that was limping toward insolvency into a restaurant humming with business, where waiters were rushing in and out to serve diners outside.
Last Friday and Saturday nights, he said, every indoor table was moved outdoors and was occupied.
In restaurant economics, though, the bar is what generates a big chunk of the nightly income. And the bar at Sorriso’s remains closed under the California governor’s current lockdown formula. “It’s about 60% compared to this time last year,” said the owner. “Every day we’re open, I’m negative, still sucking water.”
At a national level, restaurants have been hit with one calamity after another. While a byzantine complex of local orders and state mandates have strangled their businesses, fear of contagion has pervaded customers. The very means of transmission for the disease is the same as the central theme of restaurants and bars, social contact, the presence of others.
An overall estimate of losses to restaurants as a result of the pandemic totals $120 billion so far this year, as tabulated by the National Restaurant Association, while roughly 8 million out of 15 million workers in the nation’s food sector have been left without work.
In California, with the nation’s largest economy, a nascent reopening was hit first by recurring demonstrations during June that took over downtown areas, and then by the resurgence of the pandemic which continues to take its toll. In early July, food joints throughout California were just getting back into rhythm with indoor dining and entertainment, when the second wave of disease hit. Governor Gavin Newsom turned a “dimmer switch” earlier this month, and shut down shopping malls, indoor dining, bars and churches.
He then corrected what he called a misinterpretation of his order and said businesses could ply their trades outside, with the result that hairdressers, manicurists and fitness trainers moved into the open air, along with restaurants throughout California.
But the bandwagon of café life has not been jumped on by all. The ongoing state of dread has led a good number of restauranteurs to reject the same initiatives that are rescuing others. In the heart of old town Pasadena, where historic buildings line the boulevard and a Mediterranean Revival style city hall rises nearby, three sushi restaurants are having nothing to do with outdoor tables.
The owner of one said she considers outdoor dining risky for passersby as well as her staff, given that diners do not wear masks. And since her family business now survives on a high volume of takeout orders, she does not want to lose the parking spaces directly out front.
The contrasting uplift in the mood at Sorriso’s, where pizza, pasta, salads and sandwiches are served, is evident in the staff and diners. Two immigration lawyers who have not had lunch together since February are now talking under their own orange umbrella on the tarmac.
“I’m glad to be out of the house, finally,” said Ruben Martinez with an office nearby.
“It sends a different message,” said Glenn Kawahara who practices in Los Angeles. “Like — we’re OK.”
Those dining as well as the owner were hopeful that the new rules would stick around. “People love to be outside with the umbrellas and the plants,“ said Huang.
Moira McMany Moe and Jeff Hernandez in Place du Trocadero, Paris. (Photo courtesy Moira McManamy Moe)
Moe ordered a grain bowl while her companion, Jeff Hernandez, was having the rib-eye burger. Both are retired from the Department of Water and Power in Los Angeles and have been largely confined to their home for weeks. “At last we can come out,” said Hernandez, “better than eating out of a styrofoam container.”
With their meal arriving, Moe added, “It gives us an opportunity to focus on the good things that could come from this unfortunate Covid virus… If they could get a couple canals.”


courthousenews--2020-07-29--ACLU Wants Feds Sanctioned for Violence Against Press in Oregon

PORTLAND , Ore. ( CN ) — Federal agents in Portland resumed their assaults on journalists and legal observers just hours after a federal judge ordered them not to do so , the American Civil Liberties Union argued Tuesday in a motion calling for federal agents and their supervisors to be held in contempt .
U.S. District Judge Michael Simon issued a temporary restraining order on July 23 , barring federal agents holed up at the Mark O. Hatfield United States Courthouse from assaulting , dispersing or arresting journalists and legal observers for doing their jobs at the nightly protests @ @ @ @ @ @ @ cited precedent from the Ninth Circuit case Leigh v. Salazar .
“ An open government has been a hallmark of our democracy since our nation ’ s founding , ” Simon wrote .
“ When wrongdoing is underway , officials have great incentive to blindfold the watchful eyes of the Fourth Estate .
The free press is the guardian of the public ’ s interests and the independent judiciary is the guardian of the free press.
” To that hallmark , he added : “ This lawsuit tests whether these principles are merely @ @ @ @ @ @ @ underway .
The ACLU says federal agents violated the court order within hours of its issuance .
In a motion filed Tuesday , the ACLU claims federal agents have continued to hit journalists and legal observers with pepper balls , rubber bullets , tear gas canisters and other “ less lethal ” munitions .
In several cases , the agents appear to have fired directly at journalists ’ press badges .
On another night , they pepper-sprayed legal observers at point-blank range , even though they wore blue ACLU vests and bright green @ @ @ @ @ @ @ They shot one legal observer with an impact munition just above her heart , from a distance of four feet .
And the assaults continued after the journalists ’ attorney , Matthew Borden , contacted the federal defendants ’ lawyer , the motion states .
In a phone call with Joshua Gardner , attorney for the Department of Homeland Security and the U.S .
Marshals Service , Gardner claimed he didn ’ t know which agents had committed the assaults Borden described to him , or who was supervising those officers , according @ @ @ @ @ @ @ case .
That night , the motion states , federal agents assaulted another journalist who was wearing a vest and a helmet that both said “ press ” in big block letters .
Federal agents threw concussion grenades and tear gas canisters directly at photojournalist Brian Conley ’ s head , blowing the final “ s ” in “ press ” right off his helmet .
“ These violations are not inadvertent , ” the motion states .
“ They are intentional acts by a lawless president , who has sent his paramilitary @ @ @ @ @ @ @ Portland , choke downtown in a haze of toxic chemical fumes , and generate re-election soundbites — in blatant disdain of public safety , the rule of law , and the most fundamental principles of our Constitution.
” The motion calls for the heads of the federal agencies deployed in Portland — the Department of Homeland Security , the U.S .
Marshals Service , Customs and Border Protection and the Federal Protective Service — to appear personally before the court and explain why they should not face sanctions for failing to comply with @ @ @ @ @ @ @ asked the court to issue a blanket ban on federal agents ’ use of lethal and “ less lethal ” weapons , to bar individual federal agents found to have violated the order from “ participating in any armed operations ” in Oregon and to impose fines of $ 500 “ for every day a journalist or legal observer is shot , beaten , arrested or intimidated by a federal agent.
” Journalists and legal observers sued the city in June , claiming Portland police were arresting and using violence against journalists of @ @ @ @ @ @ @ National Lawyers Guild and the American Civil Liberties Union .
The city agreed in a preliminary injunction not to enforce orders to disperse against journalists and legal observers , not to use violence or the threat of violence and arrest against them and promised not to seize their photographic equipment or press passes , as had happened to several plaintiffs in the case .
President Donald Trump then sent federal agents with the U.S .
Marshals Service and the Department of Homeland Security to Portland , ostensibly to protect federal property officials claimed @ @ @ @ @ @ @ in the movement against systemic racism and police brutality .
But federal agents seemed to pick up where Portland police left off , with relentless violence directed specifically at journalists , legal observers and volunteer street medics .
Since then , nearly two dozen journalists and legal observers , including Courthouse News , have filed declarations in the case , memorializing the violence used against them by police .
The motion was filed by Borden , J. Noah Hagey , Athul Acharya and Gunnar Martz with BraunHagey & Borden and Kelly Simon with @ @ @ @ @ @ @ has existed , federal agents have intentionally violated the court ’ s TRO , ” the motion states .
“ As a result of the federal agents ’ defiance of the court ’ s order , the free press remains unsafe while trying to document and observe the cataclysmic violence that federal authorities are inflicting on Portland .
The federal agents — and their commanders , whom the court ordered to be notified of the TRO — are not above the law .
”

Federal agents in Portland resumed their assaults on journalists and legal observers just hours after a federal judge ordered them not to do so, the American Civil Liberties Union argued Tuesday in a motion calling for federal agents and their supervisors to be held in contempt.
PORTLAND, Ore. (CN) — Federal agents in Portland resumed their assaults on journalists and legal observers just hours after a federal judge ordered them not to do so, the American Civil Liberties Union argued Tuesday in a motion calling for federal agents and their supervisors to be held in contempt.
U.S. District Judge Michael Simon issued a temporary restraining order on July 23, barring federal agents holed up at the Mark O. Hatfield United States Courthouse from assaulting, dispersing or arresting journalists and legal observers for doing their jobs at the nightly protests there.
In his order, Simon cited precedent from the Ninth Circuit case Leigh v. Salazar.
“An open government has been a hallmark of our democracy since our nation’s founding,” Simon wrote. “When wrongdoing is underway, officials have great incentive to blindfold the watchful eyes of the Fourth Estate. The free press is the guardian of the public’s interests and the independent judiciary is the guardian of the free press.”
To that hallmark, he added: “This lawsuit tests whether these principles are merely hollow words.”
That test is now underway.
The ACLU says federal agents violated the court order within hours of its issuance. In a motion filed Tuesday, the ACLU claims federal agents have continued to hit journalists and legal observers with pepper balls, rubber bullets, tear gas canisters and other “less lethal” munitions.
In several cases, the agents appear to have fired directly at journalists’ press badges.
On another night, they pepper-sprayed legal observers at point-blank range, even though they wore blue ACLU vests and bright green “National Lawyers Guild” hats. They shot one legal observer with an impact munition just above her heart, from a distance of four feet.
And the assaults continued after the journalists’ attorney, Matthew Borden, contacted the federal defendants’ lawyer, the motion states.
In a phone call with Joshua Gardner, attorney for the Department of Homeland Security and the U.S. Marshals Service, Gardner claimed he didn’t know which agents had committed the assaults Borden described to him, or who was supervising those officers, according to Borden’s declaration in the case.
That night, the motion states, federal agents assaulted another journalist who was wearing a vest and a helmet that both said “press” in big block letters. Federal agents threw concussion grenades and tear gas canisters directly at photojournalist Brian Conley’s head, blowing the final “s” in “press” right off his helmet.
“These violations are not inadvertent,” the motion states. “They are intentional acts by a lawless president, who has sent his paramilitary forces to shoot up the streets of Portland, choke downtown in a haze of toxic chemical fumes, and generate re-election soundbites — in blatant disdain of public safety, the rule of law, and the most fundamental principles of our Constitution.”
The motion calls for the heads of the federal agencies deployed in Portland — the Department of Homeland Security, the U.S. Marshals Service, Customs and Border Protection and the Federal Protective Service — to appear personally before the court and explain why they should not face sanctions for failing to comply with the court order.
The ACLU also asked the court to issue a blanket ban on federal agents’ use of lethal and “less lethal” weapons, to bar individual federal agents found to have violated the order from “participating in any armed operations” in Oregon and to impose fines of $500 “for every day a journalist or legal observer is shot, beaten, arrested or intimidated by a federal agent.”
Journalists and legal observers sued the city in June, claiming Portland police were arresting and using violence against journalists of all stripes and legal observers with the National Lawyers Guild and the American Civil Liberties Union.
The city agreed in a preliminary injunction not to enforce orders to disperse against journalists and legal observers, not to use violence or the threat of violence and arrest against them and promised not to seize their photographic equipment or press passes, as had happened to several plaintiffs in the case.
President Donald Trump then sent federal agents with the U.S. Marshals Service and the Department of Homeland Security to Portland, ostensibly to protect federal property officials claimed was endangered by weeks of daily protests in the movement against systemic racism and police brutality. But federal agents seemed to pick up where Portland police left off, with relentless violence directed specifically at journalists, legal observers and volunteer street medics.
Since then, nearly two dozen journalists and legal observers, including Courthouse News, have filed declarations in the case, memorializing the violence used against them by police.
The motion was filed by Borden, J. Noah Hagey, Athul Acharya and Gunnar Martz with BraunHagey & Borden and Kelly Simon with the ACLU.
“Every day it has existed, federal agents have intentionally violated the court’s TRO,” the motion states. “As a result of the federal agents’ defiance of the court’s order, the free press remains unsafe while trying to document and observe the cataclysmic violence that federal authorities are inflicting on Portland. The federal agents — and their commanders, whom the court ordered to be notified of the TRO — are not above the law.”


courthousenews--2020-07-29--Newsom Lays Out Big Dreams for California’s Water Future

SACRAMENTO , Calif. ( CN ) — Touting ways to shield California ’ s most precious resource from climate change , Governor Gavin Newsom released strategies Tuesday to improve drinking water quality , revive a stalled multibillion-dollar tunnel and build new dams .
Newsom says the sweeping water portfolio will help the Golden State prepare for global warming by reinforcing outdated water infrastructure and reducing the state ’ s reliance on groundwater during future droughts .
“ Water is the lifeblood of our state , sustaining communities , wildlife and our economy , ” said Newsom in a statement .
@ @ @ @ @ @ @ my administration has worked to assemble a blueprint to secure this vital and limited resource into the future in a way that builds climate resilience for all communities and sustains native fish and the habitat they need to thrive.
” Newsom kicked off his second year in office in January by announcing the rough draft of the so-called “ Water Resilience Portfolio.
” The planning document , which details 142 water-related ideas , was shaped by the state ’ s resources management agencies and is the result of Newsom ’ s April 2019 @ @ @ @ @ @ @ doesn ’ t promise a “ quick or singular fix ” to California ’ s longstanding water woes , it does offer ways to improve physical infrastructure and water transfers , settle disputes between environmentalists and farmers , implement new recycling programs , improve soil health , wetlands expansion and even restore the Salton Sea .
The first draft was well received by farmers , water districts and others in California ’ s water circle , but critics bemoaned the inclusion of megaprojects like a thorny $ 17 billion plan to tunnel underneath @ @ @ @ @ @ @ massive new dam off the state ’ s largest river .
After getting feedback from over 200 organizations and residents , the Newsom administration says the revised blueprint is ready to go .
The finalized version adds 14 new actions , including promises to improve communications with tribal governments and address cross-border water issues .
“ The state ’ s playbook for managing water in coming decades must be broad and comprehensive , ” said Natural Resources Secretary Wade Crowfoot .
“ The portfolio identifies how the state can help regions maintain and @ @ @ @ @ @ @ natural systems and prepare for a future that looks very different from our recent past.
” But the additions to Newsom ’ s wide-ranging portfolio didn ’ t immediately appease environmental groups , including those dedicated to improving water quality in the Sacramento-San Joaquin River Delta .
Sierra Club California said Newsom is continuing down the failed path of his predecessor Jerry Brown by pushing the so-called Delta Tunnel , instead of addressing more implementable goals .
“ It ’ s basically a catalog , ” said Kathryn Phillips , Sierra Club director @ @ @ @ @ @ @ contain the significant changes we asked for ; we can ’ t figure out who ’ s running the ship over there when it comes to water.
” The finalized portfolio advances support for the tunnel , further linking Newsom to one of the most controversial water projects in state history .
“ Plan , permit , and build new diversion and conveyance facilities ( such as a tunnel ) in the Sacramento-San Joaquin Delta to safeguard State Water Project and , potentially , Central Valley Project deliveries drawn from the Sacramento and @ @ @ @ @ @ @ portfolio states .
The plan additionally directs state agencies to “ accelerate ” permitting for Sites Reservoir , a multibillion-dollar new dam project in Northern California , finally come up with a feasible plan to restore water to and improve air quality near the Salton Sea and tackle contaminated water and trash spewing across the Mexican border .
Considering the state ’ s dreary budget condition , the complicated nature of California water policy and the myriad of involved parties — from the federal government , environmentalists and the agricultural industry — the @ @ @ @ @ @ @ is long .
But Newsom says the immediate priorities will be improving safe and affordable drinking water , implementing a statewide groundwater monitoring rule , settling fights over delta pumping limits , building the tunnel and expanding water recycling programs .
Restore the Delta , which participated in public hearings regarding the portfolio and encouraged the state to prioritize fighting the increasingly common harmful algae breaks in the delta , scoffed at Tuesday ’ s announcement .
“ Same old , same old .
Yawn , ” said Restore the Delta in a @ @ @ @ @ @ @ pandemic-induced deficit and the critics ’ concerns , state officials say the portfolio will guide the way .
“ By implementing this portfolio of actions together , we can meet the existential threat posed by climate change with a strategic sense of obligation and vision , ” said Environmental Protection Secretary Jared Blumenfeld in a statement .

Touting ways to shield California’s most precious resource from climate change, Governor Gavin Newsom released strategies Tuesday to improve drinking water quality, revive a stalled multibillion-dollar tunnel and build new dams.
SACRAMENTO, Calif. (CN) — Touting ways to shield California’s most precious resource from climate change, Governor Gavin Newsom released strategies Tuesday to improve drinking water quality, revive a stalled multibillion-dollar tunnel and build new dams.
Newsom says the sweeping water portfolio will help the Golden State prepare for global warming by reinforcing outdated water infrastructure and reducing the state’s reliance on groundwater during future droughts.
“Water is the lifeblood of our state, sustaining communities, wildlife and our economy,” said Newsom in a statement. “For more than a year, my administration has worked to assemble a blueprint to secure this vital and limited resource into the future in a way that builds climate resilience for all communities and sustains native fish and the habitat they need to thrive.”
Newsom kicked off his second year in office in January by announcing the rough draft of the so-called “Water Resilience Portfolio.”
The planning document, which details 142 water-related ideas, was shaped by the state’s resources management agencies and is the result of Newsom’s April 2019 executive order.
While the resulting blueprint doesn’t promise a “quick or singular fix” to California’s longstanding water woes, it does offer ways to improve physical infrastructure and water transfers, settle disputes between environmentalists and farmers, implement new recycling programs, improve soil health, wetlands expansion and even restore the Salton Sea.
The first draft was well received by farmers, water districts and others in California’s water circle, but critics bemoaned the inclusion of megaprojects like a thorny $17 billion plan to tunnel underneath a major estuary as well as a massive new dam off the state’s largest river.
After getting feedback from over 200 organizations and residents, the Newsom administration says the revised blueprint is ready to go. The finalized version adds 14 new actions, including promises to improve communications with tribal governments and address cross-border water issues.
“The state’s playbook for managing water in coming decades must be broad and comprehensive,” said Natural Resources Secretary Wade Crowfoot. “The portfolio identifies how the state can help regions maintain and diversify water supplies, protect and enhance natural systems and prepare for a future that looks very different from our recent past.”
But the additions to Newsom’s wide-ranging portfolio didn’t immediately appease environmental groups, including those dedicated to improving water quality in the Sacramento-San Joaquin River Delta.
Sierra Club California said Newsom is continuing down the failed path of his predecessor Jerry Brown by pushing the so-called Delta Tunnel, instead of addressing more implementable goals.
“It’s basically a catalog,” said Kathryn Phillips, Sierra Club director. “This version doesn’t contain the significant changes we asked for; we can’t figure out who’s running the ship over there when it comes to water.”
The finalized portfolio advances support for the tunnel, further linking Newsom to one of the most controversial water projects in state history.
“Plan, permit, and build new diversion and conveyance facilities (such as a tunnel) in the Sacramento-San Joaquin Delta to safeguard State Water Project and, potentially, Central Valley Project deliveries drawn from the Sacramento and San Joaquin river systems,” the portfolio states.
The plan additionally directs state agencies to “accelerate” permitting for Sites Reservoir, a multibillion-dollar new dam project in Northern California, finally come up with a feasible plan to restore water to and improve air quality near the Salton Sea and tackle contaminated water and trash spewing across the Mexican border.
Considering the state’s dreary budget condition, the complicated nature of California water policy and the myriad of involved parties — from the federal government, environmentalists and the agricultural industry — the 141-page portfolio is as ambitious as it is long.
But Newsom says the immediate priorities will be improving safe and affordable drinking water, implementing a statewide groundwater monitoring rule, settling fights over delta pumping limits, building the tunnel and expanding water recycling programs.
Restore the Delta, which participated in public hearings regarding the portfolio and encouraged the state to prioritize fighting the increasingly common harmful algae breaks in the delta, scoffed at Tuesday’s announcement.
“Same old, same old. Yawn,” said Restore the Delta in a tweet.
Despite the state’s pandemic-induced deficit and the critics’ concerns, state officials say the portfolio will guide the way.
“By implementing this portfolio of actions together, we can meet the existential threat posed by climate change with a strategic sense of obligation and vision,” said Environmental Protection Secretary Jared Blumenfeld in a statement.


courthousenews--2020-07-28--San Francisco Voters to Decide Fate of ‘Overpaid Executive’ Business Tax

SAN FRANCISCO ( CN ) — A novel tax on companies that pay their top executives far more than the rest of their workforce is headed for the November ballot after a unanimous vote by the San Francisco Board of Supervisors on Tuesday .
A charter amendment called the “ overpaid executive tax ” will target businesses whose CEOs make at least 100 time more than the median workers in San Francisco , adding at minimum a 0.1 % surcharge to what they already pay every year in business taxes from their gross receipts .
Small businesses are purportedly exempt @ @ @ @ @ @ @ the measure last year , said the percentage will increase depending on executive pay ratios — meaning the wider the gap , the higher the tax .
“ The more inequity between the top executive and the workers , the higher the percentage , ” Haney said at the board ’ s meeting Tuesday .
“ Companies who are paying their top executive huge salaries can afford to pay this tax.
” The tax rate could be as high as 0.6 % , according the latest legislative digest .
Proceeds will go into @ @ @ @ @ @ @ any city purposes .
Haney initially planned to push for the money to go toward mental health programs .
On Tuesday , he said it could help address budget shortfalls in the city ’ s overall health care system and bolster its health care workforce to fight the Covid-19 pandemic .
“ The tax will raise up to $ 140 million annually , allowing the city to hire hundreds of nurses , doctors , first responders and other emergency personnel to help us continue responding to this pandemic , ” he said .
@ @ @ @ @ @ @ as a city at a time where we are maintaining critical essential services , especially health services , and it will be a targeted tax only on those companies that are continuing to bring in enough money to pay their executives multimillion-dollar salaries at a time when we are experiencing some of the worst economic inequality in our city.
” The tax only applies to companies that gross over $ 1.17 million annually and pay their executives over $ 2.8 million a year .
Companies that could be affected include Gap , whose @ @ @ @ @ @ @ retail worker earns , as well Visa , Wells Fargo , and Charles Schwab .
The San Francisco Labor Council and local unions support the tax , which is similar to one levied in Portland , Oregon .
There , publicly traded companies that pay their CEOs 100 to 250 times more than their median workforce must pay a surcharge of 10 % .
But unlike Portland ’ s tax , which compares global CEOs to the average global worker , the San Francisco tax weighs global CEO compensation against the average San @ @ @ @ @ @ @ of Commerce , which opposes the measure , said the tax is easily avoidable for business but could be a disaster for employees who can ’ t work from home .
Jay Cheng , policy director for the Chamber , said in contrast to Portland , companies will be able to avoid the tax by laying off employees and moving locations out of San Francisco .
He also said the expected $ 140 million in annual revenue was based on pre-pandemic assumptions about the city ’ s economy .
“ No way is @ @ @ @ @ @ @ said in a phone interview Tuesday .
“ You create this huge economic incentive to just leave the city .
Frankly , the people who are going to be hurt by this are entry-level workers .
Their businesses are going to say ‘ It ’ s not going to be worth it to do business in San Francisco.
’ Especially during the pandemic there ’ s no reason to have a footprint in San Francisco , ” Cheng said , adding , “ We don ’ t have hard data but businesses are @ @ @ @ @ @ @ the measure also doesn ’ t account for lost tax revenue from the Covid-19 pandemic , as tech companies like Facebook and Twitter have shifted to a primarily remote workforce .
“ They haven ’ t accommodated for how many employees will be working from home , ” Cheng said .
“ Facebook told a lot of its employees they can work from home , and they no longer count as San Francisco employees if they work from Burlingame .
”

A novel tax on companies that pay their top executives far more than the rest of their workforce is headed for the November ballot after a unanimous vote by the San Francisco Board of Supervisors on Tuesday.
SAN FRANCISCO (CN) — A novel tax on companies that pay their top executives far more than the rest of their workforce is headed for the November ballot after a unanimous vote by the San Francisco Board of Supervisors on Tuesday.
A charter amendment called the “overpaid executive tax” will target businesses whose CEOs make at least 100 time more than the median workers in San Francisco, adding at minimum a 0.1% surcharge to what they already pay every year in business taxes from their gross receipts. Small businesses are purportedly exempt.
Supervisor Matt Haney, who proposed the measure last year, said the percentage will increase depending on executive pay ratios — meaning the wider the gap, the higher the tax.
“The more inequity between the top executive and the workers, the higher the percentage,” Haney said at the board’s meeting Tuesday. “Companies who are paying their top executive huge salaries can afford to pay this tax.”
The tax rate could be as high as 0.6%, according the latest legislative digest. Proceeds will go into the general fund to be spent on any city purposes.
Haney initially planned to push for the money to go toward mental health programs. On Tuesday, he said it could help address budget shortfalls in the city’s overall health care system and bolster its health care workforce to fight the Covid-19 pandemic.
"The tax will raise up to $140 million annually, allowing the city to hire hundreds of nurses, doctors, first responders and other emergency personnel to help us continue responding to this pandemic,” he said. “This is much needed for us as a city at a time where we are maintaining critical essential services, especially health services, and it will be a targeted tax only on those companies that are continuing to bring in enough money to pay their executives multimillion-dollar salaries at a time when we are experiencing some of the worst economic inequality in our city.”
The tax only applies to companies that gross over $1.17 million annually and pay their executives over $2.8 million a year. Companies that could be affected include Gap, whose CEO makes 3,566 times what the average retail worker earns, as well Visa, Wells Fargo, and Charles Schwab.
The San Francisco Labor Council and local unions support the tax, which is similar to one levied in Portland, Oregon. There, publicly traded companies that pay their CEOs 100 to 250 times more than their median workforce must pay a surcharge of 10%.
But unlike Portland’s tax, which compares global CEOs to the average global worker, the San Francisco tax weighs global CEO compensation against the average San Francisco worker.
The San Francisco Chamber of Commerce, which opposes the measure, said the tax is easily avoidable for business but could be a disaster for employees who can’t work from home.
Jay Cheng, policy director for the Chamber, said in contrast to Portland, companies will be able to avoid the tax by laying off employees and moving locations out of San Francisco. He also said the expected $140 million in annual revenue was based on pre-pandemic assumptions about the city’s economy.
“No way is that going to happen,” Cheng said in a phone interview Tuesday.
“You create this huge economic incentive to just leave the city. Frankly, the people who are going to be hurt by this are entry-level workers. Their businesses are going to say ‘It's not going to be worth it to do business in San Francisco.’ Especially during the pandemic there's no reason to have a footprint in San Francisco,” Cheng said, adding, “We don't have hard data but businesses are talking about this already.”
He said the measure also doesn’t account for lost tax revenue from the Covid-19 pandemic, as tech companies like Facebook and Twitter have shifted to a primarily remote workforce.
“They haven't accommodated for how many employees will be working from home,” Cheng said. “Facebook told a lot of its employees they can work from home, and they no longer count as San Francisco employees if they work from Burlingame.”


courthousenews--2020-07-28--Illinois Electric Utility Accused of Bribing Top State Lawmaker

( CN ) — A class action filed Tuesday on behalf of Illinois electric customers claims power company Commonwealth Edison bribed Illinois House Speaker Michael Madigan to enact legislation that benefitted the utility at the expense of more than 100,000 rate-paying customers .
The lawsuit filed in Chicago federal court by Lawrence H. Gress of Downers Grove , Ill. , alleges that Commonwealth Edison , or ComEd for short , and 100 unnamed John Doe defendants violated the federal Racketeer Influenced and Corrupt Organizations Act by conspiring with Madigan , a Democrat , to solicit and pay bribes to influence @ @ @ @ @ @ @ state legislation that allows utilities to automatically raise electric rates that are subject to Illinois Commerce Commission review after the fact .
In a related action Tuesday , ComEd announced a deferred prosecution agreement with federal prosecutors delaying criminal proceedings until 2023 .
U.S. Attorney John R. Lausch Jr. had filed a one-count criminal information against ComEd on July 17 alleging the company “ corruptly gave , offered , and agreed to give things of value , namely , jobs , vendor subcontracts , and monetary payments associated with those jobs and subcontracts @ @ @ @ @ @ @ his associates in order to influence legislation affecting ComEd .
In exchange for the deferred prosecution , the company agreed to cooperate in the investigation and pay a $ 200 million criminal penalty .
ComEd issued a statement Tuesday in response to the agreement .
“ We apologize for the past conduct that did not live up to our values and have made significant improvements to our compliance practices to ensure that nothing like it ever happens again , ” the company said .
“ The improper conduct described in the deferred prosecution @ @ @ @ @ @ @ that consumers were harmed by the legislation that was passed in Illinois .
The DPA makes no such allegations , and in fact the bipartisan legislation resulted in substantial benefits for ComEd ’ s customers.
” Also on Tuesday , another class action was filed in Cook County Circuit Court against ComEd by Randall Kuhn , Robert Nieman , Erica Lieschke , Windward Roofing Construction Inc. , In Demand Electronic Court Reporting Inc. , and Standard Equipment Co. , all customers of ComEd .
In the federal class action , Gress claims the @ @ @ @ @ @ @ law that allowed the utility to raise rates , costing the class members millions of dollars in excessive electric costs .
Total damages suffered by the class of customers exceeds $ 150 million , according to the complaint .
The lawsuit claims ComEd hired lobbyists on behalf of Madigan and paid bribes to influence the legislation , and that Madigan used his position to solicit bribes , directly and indirectly , from ComEd and various ComEd lobbyists in exchange for the legislation that would allow the utility to increase rates .
“ Beginning @ @ @ @ @ @ @ 2019 , ComEd , along with its members and ‘ lobbyists , ’ created and conducted , in collaboration with Madigan , his hand-picked associates , and other public officials , a racketeering conspiracy that corruptly used bribery to create a ‘ money machine ’ that would automatically generate millions of dollars in revenue for ComEd , revenue that would result in unmerited tributes paid to the defendants , ” the complaint states .

A class action filed Tuesday on behalf of Illinois electric customers claims power company Commonwealth Edison bribed Illinois House Speaker Michael Madigan to enact legislation that benefitted the utility at the expense of more than 100,000 rate-paying customers.
(CN) — A class action filed Tuesday on behalf of Illinois electric customers claims power company Commonwealth Edison bribed Illinois House Speaker Michael Madigan to enact legislation that benefitted the utility at the expense of more than 100,000 rate-paying customers.
The federal lawsuit filed in Chicago by Lawrence H. Gress of Downers Grove, Ill., alleges that Commonwealth Edison, or ComEd for short, and 100 unnamed John Doe defendants violated the federal Racketeer Influenced and Corrupt Organizations Act by conspiring with Madigan, a Democrat, to solicit and pay bribes to influence passage of the Smart Grid Act, state legislation that allows utilities to automatically raise electric rates that are subject to Illinois Commerce Commission review after the fact.
The Illinois State Capitol in Springfield. (Photo by Daniel Schwen from Wikipedia Commons via Courthouse News)
In a related action Tuesday, ComEd announced a deferred prosecution agreement with federal prosecutors delaying criminal proceedings until 2023. U.S. Attorney John R. Lausch Jr. had filed a one-count criminal information against ComEd on July 17 alleging the company “corruptly gave, offered, and agreed to give things of value, namely, jobs, vendor subcontracts, and monetary payments associated with those jobs and subcontracts” for the benefit of Madigan and his associates in order to influence legislation affecting ComEd.
In exchange for the deferred prosecution, the company agreed to cooperate in the investigation and pay a $200 million criminal penalty.
ComEd issued a statement Tuesday in response to the agreement.
“We apologize for the past conduct that did not live up to our values and have made significant improvements to our compliance practices to ensure that nothing like it ever happens again,” the company said. “The improper conduct described in the deferred prosecution agreement, however, does not mean that consumers were harmed by the legislation that was passed in Illinois. The DPA makes no such allegations, and in fact the bipartisan legislation resulted in substantial benefits for ComEd’s customers.”
Also on Tuesday, another class action was filed in Cook County Circuit Court against ComEd by Randall Kuhn, Robert Nieman, Erica Lieschke, Windward Roofing Construction Inc., In Demand Electronic Court Reporting Inc., and Standard Equipment Co., all customers of ComEd.
In the federal class action, Gress claims the bribery conspiracy resulted in changes in state law that allowed the utility to raise rates, costing the class members millions of dollars in excessive electric costs. Total damages suffered by the class of customers exceeds $150 million, according to the complaint.
The lawsuit claims ComEd hired lobbyists on behalf of Madigan and paid bribes to influence the legislation, and that Madigan used his position to solicit bribes, directly and indirectly, from ComEd and various ComEd lobbyists in exchange for the legislation that would allow the utility to increase rates.
“Beginning no later than 2011 and continuing through 2019, ComEd, along with its members and ‘lobbyists,’ created and conducted, in collaboration with Madigan, his hand-picked associates, and other public officials, a racketeering conspiracy that corruptly used bribery to create a ‘money machine’ that would automatically generate millions of dollars in revenue for ComEd, revenue that would result in unmerited tributes paid to the defendants,” the complaint states.


courthousenews--2020-07-28--Carvana Ducks Used Car Dealer’s Unfair Competition Suit

SACRAMENTO , Calif. ( CN ) — A small used car dealer ’ s fight to freeze retailer Carvana out of California stalled Tuesday after a federal judge dismissed an unfair competition and false advertising lawsuit against the online giant .
Upending the bid by a Sacramento man who claimed Carvana was operating as a “ loss leader ” due to its ability to skirt regulations placed on brick-and-mortar dealerships , U.S. District Judge Troy Nunley said he was not swayed by the underdog ’ s anticompetition claims .
Keith Schrenk , owner of The Car Barn in Sacramento , @ @ @ @ @ @ @ , alleging Carvana began toppling his dealership — along with the used car industry ’ s business model — when it began selling cars online to Californians over two years ago without proper licensing .
Schrenk says after several consecutive years of growth , his sales suddenly dropped once Carvana started advertising and even opened a car vending machine towers down the street from his dealership .
With his business suffering , Schrenk complained to the Department of Motor Vehicles that Carvana was selling cars without proper certifications and playing by different rules @ @ @ @ @ @ @ he ran into a bureaucratic wall when the DMV responded it couldn ’ t investigate because the dealership had no physical address in California .
Schrenk ’ s attorneys at Cohelan Khoury & Singer in San Diego did not immediately respond to a request for comment on the ruling .
The Arizona-based publicly traded company calls its service a “ simple and seamless car buying experience ” and touts its large inventory as a means to offer low prices .
After the case was transferred from state court to the Eastern District of @ @ @ @ @ @ @ Schrenk was attempting to stymie increasingly popular technology allowing people to buy cars on their cellphones and have them delivered just days later .
It argued its contracts were finalized outside of the state via the internet and that Schrenk failed to adequately plead his various claims .
“ Car Barn ’ s complaint rests on the fundamentally flawed premises that out-of-state online used-car sales are prohibited in California , and that offering consumers lower prices through an out-of-state internet sales alternative is by definition ‘ anticompetitive ’ and unlawful , ” Carvana @ @ @ @ @ @ @ Ruling without holding oral arguments , Nunley said Schrenk hadn ’ t tied Carvana to any clear predatory business actions ; he dismissed the lawsuit but did give the plaintiffs 21 days to amend their case .
“ To support a claim under the unfairness prong , plaintiff must allege defendants ’ prices are predatory , such as — for example — that defendants sell their vehicles at a price below their own costs , ” Nunley wrote .
“ Plaintiff has failed to do so and accordingly , has failed to sufficiently @ @ @ @ @ @ @ law under the unfair prong .
”

A small used car dealer’s fight to freeze retailer Carvana out of California stalled Tuesday after a federal judge dismissed an unfair competition and false advertising lawsuit against the online giant.
SACRAMENTO, Calif. (CN) — A small used car dealer’s fight to freeze retailer Carvana out of California stalled Tuesday after a federal judge dismissed an unfair-competition and false-advertising lawsuit against the online giant.
Upending the bid by a Sacramento man who claimed Carvana was operating as a “loss leader” due to its ability to skirt regulations placed on brick-and-mortar dealerships, U.S. District Judge Troy Nunley said he was not swayed by the underdog’s anticompetition claims.
Keith Schrenk, owner of The Car Barn in Sacramento, filed the class-action lawsuit in May 2019, alleging Carvana began toppling his dealership — along with the used car industry’s business model — when it began selling cars online to Californians over two years ago without proper licensing. Schrenk says after several consecutive years of growth, his sales suddenly dropped once Carvana started advertising and even opened a car vending machine towers down the street from his dealership.
With his business suffering, Schrenk complained to the Department of Motor Vehicles that Carvana was selling cars without proper certifications and playing by different rules than traditional dealerships. But Schrenk says he ran into a bureaucratic wall when the DMV responded it couldn’t investigate because the dealership had no physical address in California.
Schrenk’s attorneys at Cohelan Khoury & Singer in San Diego did not immediately respond to a request for comment on the ruling.
The Arizona-based publicly traded company calls its service a “simple and seamless car buying experience” and touts its large inventory as a means to offer low prices.
After the case was transferred from state court to the Eastern District of California, Carvana responded in briefs that Schrenk was attempting to stymie increasingly popular technology allowing people to buy cars on their cellphones and have them delivered just days later. It argued its contracts were finalized outside of the state via the internet and that Schrenk failed to adequately plead his various claims.
“Car Barn’s complaint rests on the fundamentally flawed premises that out-of-state online used-car sales are prohibited in California, and that offering consumers lower prices through an out-of-state internet sales alternative is by definition ‘anticompetitive’ and unlawful,” Carvana argued in its motion to dismiss.
Ruling without holding oral arguments, Nunley said Schrenk hadn’t tied Carvana to any clear predatory business actions; he dismissed the lawsuit but did give the plaintiffs 21 days to amend their case.
“To support a claim under the unfairness prong, plaintiff must allege defendants’ prices are predatory, such as — for example — that defendants sell their vehicles at a price below their own costs,” Nunley wrote. “Plaintiff has failed to do so and accordingly, has failed to sufficiently allege a violation of the unfair competition law under the unfair prong.”


courthousenews--2020-07-28--Don’t Let Ghislaine Maxwell Name Victims, Feds Tell Judge

MANHATTAN ( CN ) — With a new set of files related to Jeffrey Epstein ’ s former girlfriend and accused accomplice Ghislaine Maxwell slated for release on Thursday , federal prosecutors warned a judge that letting the British socialite name her accusers could risk witness intimidation .
“ Permitting defense counsel to publicly identify witnesses who have not identified themselves on the record in this case risks subjecting witnesses to harassment and intimidation , with no conceivable benefit to the defense other than perhaps discouraging witnesses from cooperating with the government , ” Assistant U.S. Attorney Alex Rossmiller wrote @ @ @ @ @ @ @ on Tuesday .
The prosecutor also argued that allowing Maxwell to name her accusers would violate the Crime Victims ’ Rights Act , a law fashioned by Congress to protect the “ dignity and privacy ” of society ’ s most vulnerable .
Maxwell faces six charges accusing her of grooming and abusing victims for Epstein ’ s sex-trafficking conspiracy and then lying in court to cover up the truth .
She pleaded not guilty to the charges earlier this month , at a hearing where a federal judge found the evidence against @ @ @ @ @ @ @ for bail .
“ The risks are simply too great , ” U.S. District Judge Alison Nathan ruled on July 14 , finding the extraordinarily wealthy publishing heiress could flee if released from jail .
Since that time , Maxwell ’ s criminal and civil cases largely have focused on how much transparency could be allowed into the proceedings while protecting her right to a fair trial and the dignity of the women stepping forward as witnesses .
U.S. District Judge Loretta Preska , who is presiding over an open-records battle , issued @ @ @ @ @ @ @ of documents to be made public on Thursday .
In the criminal case , Maxwell and prosecutors largely agreed on what records to designate as confidential , except for two categories of information .
Attorneys for Maxwell want permission to name their client ’ s accusers who have stepped forward in any public forum , whether in court or to the press .
Prosecutors questioned the motives of Maxwell ’ s counsel to make such a request .
“ The government has repeatedly asked defense counsel to explain how or why it would @ @ @ @ @ @ @ abuse to prepare for trial , and the defense repeatedly has declined to do so , presumably because the argument borders on the absurd , ” the letter states .
In their proposed protective order , prosecutors would allow Maxwell to publicly identify only those who have chosen to speak on the record on her criminal case , and they argue that Maxwell ’ s request to name any Epstein accuser who has spoken out in any public forum at any time would be “ extraordinarily broad , unnecessary , and inappropriate.
” @ @ @ @ @ @ @ s proposal seeks authorization to drag into the public glare any victim who has ever made any type of public statement of victimization—no matter how long ago or how brief—without that victim ’ s knowing consent and without any substantive justification , ’ prosecutors say , noting such a position could drag victims into the public spotlight for confiding about their abuse to a small newspaper or podcast , a handful of friends on MySpace or small networks decades ago .
“ At bottom , the defendant and her counsel seek an unlimited @ @ @ @ @ @ @ , for no discernible reason , and without justification or legal basis , ” prosecutors add .
“ The victims of Ghislaine Maxwell and Jeffrey Epstein have suffered enough , and the Crime Victims ’ Rights Act , applicable law , and common decency compel far more protection of their privacy interests here than the defense proposal would afford , ” the blistering passage concludes .
While seeking permission to name certain witness , Maxwell pushed for language in the protective order binding their attorneys .
Prosecutor claim such a clause would be @ @ @ @ @ @ @ cites not a single example in any district court in the country where such a restriction has been imposed in a protective order , ” they wrote .
Maxwell ’ s attorney Christian Everdell of the firm Cohen & Gresser argued earlier this week that such an order would be necessary to put his client on “ equal footing ” with the government and witnesses .
“ As the court is aware , there is active ongoing civil litigation between Ms. Maxwell and many of the government ’ s potential witnesses , ” @ @ @ @ @ @ @ potential witnesses and their counsel have already made public statements about this case to the media since Ms. Maxwell ’ s arrest .
There is a substantial concern that these individuals will seek to use discovery materials to support their civil cases and future public statements.
” Prosecutors counter that this asks the criminal judge to make decisions about the bounds of unrelated civil litigation .
“ Indeed , the government respectfully submits that neither it nor this court is well-positioned to , or should , become the arbiter of what is appropriate @ @ @ @ @ @ @ they wrote .
The terms of the protective order agreed upon by both parties show that discovery in a case involving what has been described as a sex-trafficking pyramid scheme is likely to be gruesome .
“ Highly confidential information contains nude , partially-nude , or otherwise sexualized images , videos , or other depictions of individuals , ” one of the agreed-upon clauses of the order states .
After Epstein ’ s arrest one year ago , prosecutors reported finding “ at least hundreds—and perhaps thousands—of sexually suggestive photographs of fully- or @ @ @ @ @ @ @ “ appear to be ” underage girls .
Maxwell is expected to appeal to the Second Circuit to block the release of sealed files from a defamation suit filed against her five years ago by Virginia Giuffre , who accused the socialite of turning her into Epstein ’ s “ sex slave.
” If the Second Circuit declines to intervene , those files will become public on Thursday .

With a new set of files related to Jeffrey Epstein’s former girlfriend and accused accomplice Ghislaine Maxwell slated for release on Thursday, federal prosecutors warned a judge that letting the British socialite name her accusers could risk witness intimidation.
MANHATTAN (CN) — With a new set of files related to Jeffrey Epstein’s former girlfriend and accused accomplice Ghislaine Maxwell slated for release on Thursday, federal prosecutors warned a judge that letting the British socialite name her accusers could risk witness intimidation.
“Permitting defense counsel to publicly identify witnesses who have not identified themselves on the record in this case risks subjecting witnesses to harassment and intimidation, with no conceivable benefit to the defense other than perhaps discouraging witnesses from cooperating with the government,” Assistant U.S. Attorney Alex Rossmiller wrote in a footnote to a 7-page letter on Tuesday.
The prosecutor also argued that allowing Maxwell to name her accusers would violate the Crime Victims' Rights Act, a law fashioned by Congress to protect the “dignity and privacy” of society’s most vulnerable.
Maxwell faces six charges accusing her of grooming and abusing victims for Epstein’s sex-trafficking conspiracy and then lying in court to cover up the truth. She pleaded not guilty to the charges earlier this month, at a hearing where a federal judge found the evidence against her strong enough to reject her request for bail.
“The risks are simply too great,” U.S. District Judge Alison Nathan ruled on July 14, finding the extraordinarily wealthy publishing heiress could flee if released from jail.
Since that time, Maxwell’s criminal and civil cases largely have focused on how much transparency could be allowed into the proceedings while protecting her right to a fair trial and the dignity of the women stepping forward as witnesses.
U.S. District Judge Loretta Preska, who is presiding over an open-records battle, issued an order Tuesday morning for another batch of documents to be made public on Thursday.
In the criminal case, Maxwell and prosecutors largely agreed on what records to designate as confidential, except for two categories of information. Attorneys for Maxwell want permission to name their client’s accusers who have stepped forward in any public forum, whether in court or to the press.
Prosecutors questioned the motives of Maxwell’s counsel to make such a request.
“The government has repeatedly asked defense counsel to explain how or why it would need to publicly name victims of sexual abuse to prepare for trial, and the defense repeatedly has declined to do so, presumably because the argument borders on the absurd,” the letter states.
In their proposed protective order, prosecutors would allow Maxwell to publicly identify only those who have chosen to speak on the record on her criminal case, and they argue that Maxwell’s request to name any Epstein accuser who has spoken out in any public forum at any time would be “extraordinarily broad, unnecessary, and inappropriate.”
“In essence, the defendant’s proposal seeks authorization to drag into the public glare any victim who has ever made any type of public statement of victimization — no matter how long ago or how brief — without that victim’s knowing consent and without any substantive justification,’ prosecutors say, noting such a position could drag victims into the public spotlight for confiding about their abuse to a small newspaper or podcast, a handful of friends on MySpace or small networks decades ago.
“At bottom, the defendant and her counsel seek an unlimited ability to name victims and witnesses publicly, for no discernible reason, and without justification or legal basis,” prosecutors add.
“The victims of Ghislaine Maxwell and Jeffrey Epstein have suffered enough, and the Crime Victims’ Rights Act, applicable law, and common decency compel far more protection of their privacy interests here than the defense proposal would afford,” the blistering passage concludes.
While seeking permission to name certain witness, Maxwell pushed for language in the protective order binding their attorneys.
Prosecutor claim such a clause would be unnecessary and unprecedented.
“The defendant cites not a single example in any district court in the country where such a restriction has been imposed in a protective order,” they wrote.
Maxwell’s attorney Christian Everdell of the firm Cohen & Gresser argued earlier this week that such an order would be necessary to put his client on “equal footing” with the government and witnesses.
“As the court is aware, there is active ongoing civil litigation between Ms. Maxwell and many of the government’s potential witnesses,” Everdell wrote. “Moreover, numerous potential witnesses and their counsel have already made public statements about this case to the media since Ms. Maxwell’s arrest. There is a substantial concern that these individuals will seek to use discovery materials to support their civil cases and future public statements.”
Prosecutors counter that this asks the criminal judge to make decisions about the bounds of unrelated civil litigation.
“Indeed, the government respectfully submits that neither it nor this court is well-positioned to, or should, become the arbiter of what is appropriate or permissible in civil cases,” they wrote.
The terms of the protective order agreed upon by both parties show that discovery in a case involving what has been described as a sex-trafficking pyramid scheme is likely to be gruesome.
"Highly confidential information contains nude, partially-nude, or otherwise sexualized images, videos, or other depictions of individuals," one of the agreed-upon clauses of the order states.
After Epstein's arrest one year ago, prosecutors reported finding "at least hundreds—and perhaps thousands—of sexually suggestive photographs of fully- or partially-nude females,” some of whom “appear to be” underage girls.
Maxwell is expected to appeal to the Second Circuit to block the release of sealed files from a defamation suit filed against her five years ago by Virginia Giuffre, who accused the socialite of turning her into Epstein’s “sex slave.”
If the Second Circuit declines to intervene, those files will become public on Thursday.


courthousenews--2020-07-28--Trump Administration Halts New DACA Applications as It Looks for Ways to End Program

WASHINGTON ( CN ) — The Trump administration announced Tuesday it will reject all new and pending DACA applications while it considers the program ’ s cancellation .
Acting Homeland Security Secretary Chad F. Wolf said the department will be making changes to the Deferred Action for Childhood Arrivals program ( DACA ) immediately in order to “ address serious concerns with the policy.
” The Obama-era policy , which was established in 2012 , provides protection from deportation to certain undocumented immigrants who had arrived in the U.S. as children .
The program also grants the right to work @ @ @ @ @ @ @ “ As the department continues looking at the policy and considers future action , the fact remains that Congress should act on this matter , ” Wolf said in a statement .
“ There are important policy reasons that may warrant the full rescission of the DACA policy , ” he added .
In June , the U.S. Supreme Court blocked President Donald Trump ’ s attempt to end the program .
The 5-4 decision — which found the Trump administration ’ s recission of DACA arbitrary and capricious — came out of @ @ @ @ @ @ @ the president ’ s push for anti-immigration policies .
Following the high court ’ s decision , a federal judge ordered the department to begin accepting new DACA applications .
Tuesday ’ s changes to DACA include rejecting all initial requests for DACA and associated applications for Employment Authorization Documents , rejecting new and pending requests for advanced parole absent exceptional circumstances and limiting DACA renewals to just one year .
The Department of Homeland Security said it will “ take action to thoughtfully consider the future of the DACA policy , ” @ @ @ @ @ @ @ .
“ When the administration next acts on DACA , it will be the basis of the comprehensive review of the substantive legal and legal policy justifications offered for winding down the program , ” a White House official , who wished to remain anonymous , told reporters in a briefing on Tuesday .
The move is likely to draw legal challenges .
But as U.S. Supreme Court Chief Justice John Roberts wrote in the high court ’ s ruling on the earlier recission of the program : “ The dispute before the @ @ @ @ @ @ @ DACA .
All parties agree that it may .
The dispute is instead primarily about the procedure the agency followed in doing so .
”

The Trump administration announced Tuesday it will reject all new and pending DACA applications while it considers the program’s cancellation.
WASHINGTON (CN) — The Trump administration announced Tuesday it will reject all new and pending DACA applications while it considers the program’s cancellation.
Acting Homeland Security Secretary Chad F. Wolf said the department will be making changes to the Deferred Action for Childhood Arrivals program immediately in order to “address serious concerns with the policy.”
The Obama-era policy, which was established in 2012, provides protection from deportation to certain undocumented immigrants who had arrived in the U.S. as children.
The program also grants the right to work to undocumented immigrants who are accepted.
“As the department continues looking at the policy and considers future action, the fact remains that Congress should act on this matter,” Wolf said in a statement.
“There are important policy reasons that may warrant the full rescission of the DACA policy,” he added.
In June, the U.S. Supreme Court blocked President Donald Trump's attempt to end the program. The 5-4 decision — which found the Trump administration’s recission of DACA arbitrary and capricious — came out of just one of many legal battles over the president’s push for anti-immigration policies.
Following the high court’s decision, a federal judge ordered the department to begin accepting new DACA applications.
Tuesday’s changes to DACA include rejecting all initial requests for DACA and associated applications for Employment Authorization Documents, rejecting new and pending requests for advanced parole absent exceptional circumstances and limiting DACA renewals to just one year.
The Department of Homeland Security said it will “take action to thoughtfully consider the future of the DACA policy,” including whether to fully rescind the program.
"When the administration next acts on DACA, it will be the basis of the comprehensive review of the substantive legal and legal policy justifications offered for winding down the program," a White House official, who wished to remain anonymous, told reporters in a briefing on Tuesday.
The move is likely to draw legal challenges. But as U.S. Supreme Court Chief Justice John Roberts wrote in the high court’s ruling on the earlier recission of the program:
“The dispute before the court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so.”


courthousenews--2020-07-28--Biden Looks to Black Voters With $3 Trillion Economic Plan

BOSTON ( CN ) — Former Vice President Joe Biden promised on Tuesday that he would spend nearly $ 3 trillion to increase economic opportunities for minorities and close the “ racial wealth gap.
” “ We will mobilize the biggest investment in rebuilding our country since World War II , creating millions of good-paying union jobs , ” Biden promised , announcing his wide-ranging plan this afternoon in Wilmington , Delaware .
Differentiating his proposal from those of his more progressive former primary opponents , Biden insisted his plan was practical and achievable .
“ There ’ s a @ @ @ @ @ @ @ , no one can be a millionaire , that ’ s a bad thing , or saying we ’ re going to provide a medical plan that costs $ 30 trillion or $ 32 trillion and thinking you can get it passed , and being able to pass , in this environment , legislation that the circumstances have demonstrated is needed to solve real problems , ” Biden said .
In addition to massive infrastructure spending in minority areas , hihglights of Biden ’ s plan include business loans for minorities and what @ @ @ @ @ @ @ federal procurement ” with additional advantages for minority-owned businesses , support of historically black colleges and universities , plus tax credits to make housing more affordable , changes to retirement plans and job outreach for people with prison records .
Biden ’ s $ 2 trillion infrastructure planis focused on Black and Latino communities , promising all cities with a population over 100,000 a quality public transportation system .
Complaining that Black , Latino and Native American entrepreneurs account for just 10 % of Small Business Administration loans , Biden also committed Biden @ @ @ @ @ @ @ in lower-income areas and serve Black and Latino customers , saying he would disburse $ 50 billion in new venture capital for Black and Latino entrepreneurs .
As for pandemic-related relief efforts for small businesses , the former VP grumbled that the lion ’ s share of bailout money so far has gone to companies that have existing relationships with big banks .
Going forward , he said , all pandemic-related small business relief efforts specifically designed to aid businesses owned by Black and Latino people .
Biden also called for anational network @ @ @ @ @ @ @ and seminars located at minority-focused institutions .
These would offer entrepreneurs free shared office and manufacturing space ; business coaching ; opportunities to commercialize federally funded research ; and legal , human resources , accounting , regulatory compliance , and technology services for up to two years .
The Trump campaign immediately responded to the plan by painting Biden as an enemy of the Black community , and saying his plan would spread “ economic misery.
” “ No one should listen to a lecture on racial justice from Joe Biden , ” @ @ @ @ @ @ @ senior adviser .
“ He palled around with notorious racist segregationist senators , bragged about receiving an award from George Wallace , eulogized the exalted cyclops of the KKK , opposed the desegregation of schools through busing , and said he didn ’ t want his kids to grow up in a ‘ racial jungle.
’ ” Pierson did not acknowledge Trump ’ s own record of failing to condemn white nationalists and his 2016 endorsement from former Klan leader David Duke .
“ President Trump has a true record of accomplishment for @ @ @ @ @ @ @ unemployment rate ever , providing record funding for HBCUs , supporting school choice and achieving real criminal justice reform , ” Pierson said .
The plan unveiled Tuesday by Biden includes a number of other features such as free business-development programs at every public community college and minority-focused institution with evening and weekend classes , plus free technical assistance for two years afterward .
Biden said he would give HCBUs $ 10 billion to create new research programs , another $ 10 billion to increase retention and $ 5 billion for graduate programs @ @ @ @ @ @ @ for workforce training including community-college business partnerships and apprenticeships .
Black graduates with a four-year degrees are five times more likely than white graduates to default on their student loans , according to Biden .
He said he would make public colleges and private HCBUs tuition-free for people earning up to $ 125,000 , and make two-year community colleges free for everyone .
For minority-owned businesses , Biden wants $ 5 billion for the Minority Business Development Agency , plus $ 400 billion in additional federal purchases of products made in America with @ @ @ @ @ @ @ said he wants to triple the goal for minority contracting as well while preventing bundling practices that disadvantage minorities .
In Biden ’ s plan , federal contractors would have to pay a $ 15-an-hour minimum wage , provide paid leave and guarantee the opportunity to join a union .
The $ 15-an-hour minimum wage would apply across the board , said Biden , who called as well for elimination of the minimum tipped wage , and a guarantee of up to 12 weeks of paid family and medical leave and seven days @ @ @ @ @ @ @ .
The announcement also touts a new “ automatic 401 ( k ) ” program for people who are not otherwise eligible for a pension or 401 ( k ) plan .
On the housing front , Biden is calling for a tax credit of up to $ 15,000 for first-time homebuyers , available immediately rather than the following year ’ s tax return .
He also wants a government-run credit reporting system that homebuyers can use as an alternative to the major private credit agencies .
This system would use “ nontraditional @ @ @ @ @ @ @ utility bills , ” and federal housing programs would have to accept its scores .
Biden said he would expand Section 8 housing vouchers as well so that no one has to pay more than 30 % of their income on rent .
For low-income people who make too much to qualify for a Section 8 voucher , Biden promised a new renter ’ s tax credit designed to reduce rent and utilities to 30 % of income .
Biden additionally touted a “ Homeowner and Renter Bill of Rights , ” modeled @ @ @ @ @ @ @ to undocumented immigrants , Biden said they should be able to get legal status based on their agricultural work history , along with paid sick time and overtime pay .
He has programs to help former prisoners , as well , including guaranteed housing upon release , mental health and substance use disorder treatment , educational opportunities and job training , access to SNAP benefits and Pell grants , sealing records for nonviolent offenses , and elimination of cash bail .
Biden has hit some of these points before , such as student @ @ @ @ @ @ @ at least $ 10,000 of federal student loan debt , a doubling of the maximum value of Pell grants , and forgiveness of all debt from public colleges and private HCBUs for people earning up to $ 125,000 .
He committed again to universal preschool for 3- and 4-year-olds , to 5G wireless broadband for every American , and to instant check-clearing so low-income families don ’ t have to wait to access funds .

Former Vice President Joe Biden promised on Tuesday that he would spend nearly $3 trillion to increase economic opportunities for minorities and close the “racial wealth gap.”
BOSTON (CN) — Former Vice President Joe Biden promised on Tuesday that he would spend nearly $3 trillion to increase economic opportunities for minorities and close the “racial wealth gap.”
“We will mobilize the biggest investment in rebuilding our country since World War II, creating millions of good-paying union jobs,” Biden promised, announcing his wide-ranging plan this afternoon in Wilmington, Delaware.
Differentiating his proposal from those of his more progressive former primary opponents, Biden insisted his plan was practical and achievable.
“There’s a big difference between saying, figuratively speaking, no one can be a millionaire, that’s a bad thing, or saying we’re going to provide a medical plan that costs $30 trillion or $32 trillion and thinking you can get it passed, and being able to pass, in this environment, legislation that the circumstances have demonstrated is needed to solve real problems,” Biden said.
In addition to massive infrastructure spending in minority areas, hihglights of Biden’s plan include business loans for minorities and what he calls “a historic investment in federal procurement” with additional advantages for minority-owned businesses, support of historically black colleges and universities, plus tax credits to make housing more affordable, changes to retirement plans and job outreach for people with prison records.
Biden’s $2 trillion infrastructure planis focused on Black and Latino communities, promising all cities with a population over 100,000 a quality public transportation system.
Complaining that Black, Latino and Native American entrepreneurs account for just 10% of Small Business Administration loans, Biden also committed
$100 billion in low-interest loans to minority-owned businesses.
Biden is also targeting those who create jobs in lower-income areas and serve Black and Latino customers, saying he would disburse $50 billion in new venture capital for Black and Latino entrepreneurs.
As for pandemic-related relief efforts for small businesses, the former VP grumbled that the lion’s share of bailout money so far has gone to companies that have existing relationships with big banks. Going forward, he said, all pandemic-related small business relief efforts specifically designed to aid businesses owned by Black and Latino people.
Biden also called for anational network of free business incubators, innovation hubs and seminars located at minority-focused institutions. These would offer entrepreneurs free shared office and manufacturing space; business coaching; opportunities to commercialize federally funded research; and legal, human resources, accounting, regulatory compliance, and technology services for up to two years.
The Trump campaign immediately responded to the plan by painting Biden as an enemy of the Black community, and saying his plan would spread “economic misery.”
“No one should listen to a lecture on racial justice from Joe Biden,” said Katrina Pierson, a Trump campaign senior adviser. “He palled around with notorious racist segregationist senators, bragged about receiving an award from George Wallace, eulogized the exalted cyclops of the KKK, opposed the desegregation of schools through busing, and said he didn’t want his kids to grow up in a ‘racial jungle.’”
Pierson did not acknowledge Trump’s own record of failing to condemn white nationalists and his 2016 endorsement from former Klan leader David Duke.
“President Trump has a true record of accomplishment for Black Americans, including attaining the lowest unemployment rate ever, providing record funding for HBCUs, supporting school choice and achieving real criminal justice reform,” Pierson said.
The plan unveiled Tuesday by Biden includes a number of other features such as free business-development programs at every public community college and minority-focused institution with evening and weekend classes, plus free technical assistance for two years afterward.
Biden said he would give HCBUs $10 billion to create new research programs, another $10 billion to increase retention and $5 billion for graduate programs. He additionally promised $50 billion for workforce training including community-college business partnerships and apprenticeships.
Black graduates with a four-year degrees are five times more likely than white graduates to default on their student loans, according to Biden.
He said he would make public colleges and private HCBUs tuition-free for people earning up to $125,000, and make two-year community colleges free for everyone.
For minority-owned businesses, Biden wants $5 billion for the Minority Business Development Agency, plus $400 billion in additional federal purchases of products made in America with additional preferences for minority-owned businesses. He said he wants to triple the goal for minority contracting as well while preventing bundling practices that disadvantage minorities.
In Biden’s plan, federal contractors would have to pay a $15-an-hour minimum wage, provide paid leave and guarantee the opportunity to join a union.
The $15-an-hour minimum wage would apply across the board, said Biden, who called as well for elimination of the minimum tipped wage, and a guarantee of up to 12 weeks of paid family and medical leave and seven days of paid sick leave for all workers.
The announcement also touts a new “automatic 401(k)” program for people who are not otherwise eligible for a pension or 401(k) plan.
On the housing front, Biden is calling for a tax credit of up to $15,000 for first-time homebuyers, available immediately rather than the following year’s tax return.
He also wants a government-run credit reporting system that homebuyers can use as an alternative to the major private credit agencies. This system would use “nontraditional sources of data like rental history and utility bills,” and federal housing programs would have to accept its scores.
Biden said he would expand Section 8 housing vouchers as well so that no one has to pay more than 30% of their income on rent. For low-income people who make too much to qualify for a Section 8 voucher, Biden promised a new renter’s tax credit designed to reduce rent and utilities to 30% of income.
Biden additionally touted a “Homeowner and Renter Bill of Rights,” modeled on similar legislation in California.
Looking to undocumented immigrants, Biden said they should be able to get legal status based on their agricultural work history, along with paid sick time and overtime pay.
He has programs to help former prisoners, as well, including guaranteed housing upon release, mental health and substance use disorder treatment, educational opportunities and job training, access to SNAP benefits and Pell grants, sealing records for nonviolent offenses, and elimination of cash bail.
Biden has hit some of these points before, such as student loan relief, including immediate cancellation of at least $10,000 of federal student loan debt, a doubling of the maximum value of Pell grants, and forgiveness of all debt from public colleges and private HCBUs for people earning up to $125,000.
He committed again to universal preschool for 3- and 4-year-olds, to 5G wireless broadband for every American, and to instant check-clearing so low-income families don’t have to wait to access funds.


courthousenews--2020-07-28--California Courts Covid Update

California Courts Covid Update

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