courthousenews--2020-12-10--Minneapolis City Leaders Reduce Police Funding but Leave Door Open for More Hires

MINNEAPOLIS ( CN ) — Efforts to defund the Minneapolis Police Department stumbled past another hurdle late Wednesday night when the Minneapolis City Council passed a budget which cut the department ’ s funding by $ 7.7 million , but left a window open for the hiring of 140 new officers .
The budget is now on its way to Mayor Jacob Frey .
While he had promised to veto the budget as originally proposed , he has not made any statement on whether an amendment doing away with a proposed cap of 750 sworn officers will impact that .
@ @ @ @ @ @ @ next Wednesday .
Frey ’ s own plan would reduce the police budget from $ 193 million in 2020 to $ 179 million in 2021 , about 12 % of the total $ 1.5 billion in spending planned for next year .
A budget which passed the city ’ s Budget Committee earlier this week , meanwhile , would have trimmed an additional $ 7.7 million from the police department while holding $ 11.4 million in a reserve fund for the department to request cash from as needed .
The council ’ s @ @ @ @ @ @ @ s staffing levels at 750 , just 20 officers more than the minimum enshrined in the city ’ s charter .
Frey ’ s proposal , meanwhile , would have 770 officers on average , and target 888 officers , a total that council president Lisa Bender has called “ completely unrealistic.
” The department currently sits below its minimum at an average of 690 officers on the street .
According to Police Chief Medaria Arrodondo , 166 officers have gone on leave , resigned or retired since the beginning of the year @ @ @ @ @ @ @ a 7-6 council voted down its original plan before council member Linea Palmisano , one of the three sitting members who opted not to sign on to the council ’ s June 7th declaration that it would “ begin the process of ending ” MPD , amended it to remove those caps and place an additional 140 unfunded positions on the table for 2022 .
Palmisano , accompanied by six others who opposed the original budget , then passed it by another 7-6 margin .
The budget ’ s supporters were apparently blindsided @ @ @ @ @ @ @ ’ t know why we ’ re even doing this .
We don ’ t even have money for 2022 .
I think it ’ s just trying to say how pro-law enforcement we are , ” council member Cam Gordon said .
“ What happens in 2022 ?
We ’ ll be asked why we ’ re cutting police department funding for positions we couldn ’ t even fill.
” Even the council ’ s escalated cuts pale in comparison to the promise of nine councilmembers early in June to dismantle the @ @ @ @ @ @ @ s first proposal , made on the tail end of a week of civil unrest following the arrest and death of George Floyd , died earlier this year after the city ’ s Charter Commission delayed voting on whether to place it on the ballot .
Council Vice President Andrea Jenkins said the council hadn ’ t followed up on its pledge of a year-long conversation over alternative policing strategies before seeking to implement them .
“ We have not done that .
And we need to hear from the community before we @ @ @ @ @ @ @ said .
The hearing featured testimony from hundreds of Minneapolis residents .
The balance was about even between those supporting the cuts and those opposed , though many supporters touted activist group Black Visions Collective ’ s “ People ’ s Budget , ” which proposes $ 53 million in cuts to the department , over the council ’ s more modest proposal .
Both the council ’ s and “ People ’ s Budgets ” demand cuts to police responsibility along with the funding drops , diverting some of the department ’ @ @ @ @ @ @ @ The move comes at a time of elevated crime in Minneapolis , which figured heavily into testimony against the council ’ s budget proposal .
The city has seen 78 homicides this year , up 30 from 2019 .
Local media has also warned of a property-crime wave , which led council members earlier this year to publicly speculate about deliberate slowdowns of police services following the council ’ s June announcement .
“ Nothing ’ s being done .
There are no cops to respond in the middle of the night , @ @ @ @ @ @ @ if we give them the license plate , ” Board of Estimate and Taxation member Carol Becker said .
“ You ’ re going to premise all of your changes on the idea that you ’ re going to implement programs that don ’ t exist .
What do we do in the meantime ?
What do we do when your programs don ’ t work ?
Please , please , don ’ t cut cops until you know that your programs work.
” Opponents , meanwhile , cast aspersions on the idea @ @ @ @ @ @ @ crimes .
“ I have never once felt that their presence made a situation safer , ” Amy Fitzgerald , a white resident of the city ’ s Whittier neighborhood , said .
“ I ’ d like to remind our mayor that the comfort and convenience of people like me should not outweigh the safety and lives of our black and brown neighbors .
At 179 million , the MPD is a poor investment.
” Frustration with the council was a common thread on both sides , with some police abolitionists shaming @ @ @ @ @ @ @ June 7 “ dismantling ” promise and many opponents shaming them for entertaining the idea in the first place .
And in a third camp , Mike Johnson opposed police reform entirely while mocking the council for some of their other efforts at reform .
“ People better wake up , because your activists want to abolish prisons next , ” he said .
“ But I got ta hand it to the council , because at least you outlawed menthol cigarettes .
”

Efforts to defund the Minneapolis Police Department stumbled past another hurdle late Wednesday night when the Minneapolis City Council passed a budget which cut the department’s funding by $7.7 million, but left a window open for the hiring of 140 new officers.
MINNEAPOLIS (CN) — Efforts to defund the Minneapolis Police Department stumbled past another hurdle late Wednesday night when the Minneapolis City Council passed a budget which cut the department’s funding by $7.7 million, but left a window open for the hiring of 140 new officers.
The budget is now on its way to Mayor Jacob Frey. While he had promised to veto the budget as originally proposed, he has not made any statement on whether an amendment doing away with a proposed cap of 750 sworn officers will impact that. His decision on the budget is due next Wednesday.
Frey’s own plan would reduce the police budget from $193 million in 2020 to $179 million in 2021, about 12% of the total $1.5 billion in spending planned for next year. A budget which passed the city’s Budget Committee earlier this week, meanwhile, would have trimmed an additional $7.7 million from the police department while holding $11.4 million in a reserve fund for the department to request cash from as needed.
The council’s proposal would have capped the department’s staffing levels at 750, just 20 officers more than the minimum enshrined in the city’s charter. Frey’s proposal, meanwhile, would have 770 officers on average, and target 888 officers, a total that council president Lisa Bender has called “completely unrealistic.”
The department currently sits below its minimum at an average of 690 officers on the street. According to Police Chief Medaria Arrodondo, 166 officers have gone on leave, resigned or retired since the beginning of the year.
After a five-hour public hearing, a 7-6 council voted down its original plan before council member Linea Palmisano, one of the three sitting members who opted not to sign on to the council’s June 7th declaration that it would “begin the process of ending” MPD, amended it to remove those caps and place an additional 140 unfunded positions on the table for 2022.
Palmisano, accompanied by six others who opposed the original budget, then passed it by another 7-6 margin.
The budget’s supporters were apparently blindsided by the move.
“I don’t know why we’re even doing this. We don’t even have money for 2022. I think it’s just trying to say how pro-law enforcement we are,” council member Cam Gordon said. “What happens in 2022? We’ll be asked why we’re cutting police department funding for positions we couldn’t even fill.”
Even the council’s escalated cuts pale in comparison to the promise of nine councilmembers early in June to dismantle the police department completely. The council’s first proposal, made on the tail end of a week of civil unrest following the arrest and death of George Floyd, died earlier this year after the city’s Charter Commission delayed voting on whether to place it on the ballot.
Council Vice President Andrea Jenkins said the council hadn’t followed up on its pledge of a year-long conversation over alternative policing strategies before seeking to implement them.
“We have not done that. And we need to hear from the community before we speak for the community,” she said.
The hearing featured testimony from hundreds of Minneapolis residents. The balance was about even between those supporting the cuts and those opposed, though many supporters touted activist group Black Visions Collective’s “People’s Budget,” which proposes $53 million in cuts to the department, over the council’s more modest proposal.
Both the council’s and “People’s Budgets” demand cuts to police responsibility along with the funding drops, diverting some of the department’s duties to social service agencies.
The move comes at a time of elevated crime in Minneapolis, which figured heavily into testimony against the council’s budget proposal. The city has seen 78 homicides this year, up 30 from 2019.
Local media has also warned of a property-crime wave, which led council members earlier this year to publicly speculate about deliberate slowdowns of police services following the council’s June announcement.
“Nothing’s being done. There are no cops to respond in the middle of the night, there are no cops to investigate even if we give them the license plate,” Board of Estimate and Taxation member Carol Becker said.
“You’re going to premise all of your changes on the idea that you’re going to implement programs that don’t exist. What do we do in the meantime? What do we do when your programs don’t work? Please, please, don’t cut cops until you know that your programs work.”
Opponents, meanwhile, cast aspersions on the idea that increased funding for police would prevent crimes.
“I have never once felt that their presence made a situation safer,” Amy Fitzgerald, a white resident of the city’s Whittier neighborhood, said. “I’d like to remind our mayor that the comfort and convenience of people like me should not outweigh the safety and lives of our black and brown neighbors. At 179 million, the MPD is a poor investment.”
Frustration with the council was a common thread on both sides, with some police abolitionists shaming their representatives for going back on their June 7 “dismantling” promise and many opponents shaming them for entertaining the idea in the first place.
And in a third camp, Mike Johnson opposed police reform entirely while mocking the council for some of their other efforts at reform.
“People better wake up, because your activists want to abolish prisons next,” he said. “But I gotta hand it to the council, because at least you outlawed menthol cigarettes.”


courthousenews--2020-12-10--Most Californians See Bleak Times Ahead for Next Generation

SACRAMENTO , Calif. ( CN ) — Struggling through pandemic lockdowns and incessant school closures , Californians expect a bleak financial future for the next generation to grow up in the nation ’ s richest state .
Concluding a year marred by record unemployment that unduly targeted low-income workers , just 35 % of respondents in a new survey released Wednesday said California children will be better off financially than their parents .
The pessimistic poll also found a strong majority of Californians believe the gap between the rich and poor is growing and will continue over the next decade @ @ @ @ @ @ @ of California statewide survey , 80 % of adult respondents pinned their murky financial predictions on a lack of well-paying jobs .
Job scarcity has some residents plotting moves as the pandemic wages on , says PPIC president Mark Baldassare .
“ Californians have a gloomy economic outlook , and one in four are seriously considering leaving California due to a lack of well-paying jobs in their region , ” Baldassare said .
The survey , titled “ Californians & Their Economic Well-Being , ” reveals Californians across most income groups have yet @ @ @ @ @ @ @ coronavirus .
California unemployment peaked at a record 16.4 % last spring and the state has lost over 2.6 million nonfarm jobs since March .
The number of unemployed Californians — 1.7 million — is up 136 % compared to November 2019 , with the largest job losses coming from the hospitality , tourism , restaurant and personal services industries .
Though the latest jobs report pegged state unemployment below 10 % for the first time since the onset of the pandemic , California ’ s pandemic recovery has been top heavy .
@ @ @ @ @ @ @ have seen most of the job losses , in contrast to people making over $ 60 per hour who remain employed at pre-pandemic levels .
The strain on California ’ s middle and lower class — and more specifically minority households — is reflected throughout the PPIC survey .
Over 40 % of respondents from households with incomes below $ 40,000 said someone had their hours or pay reduced , while an alarming 42 % of households with incomes under $ 80,000 said they have been forced to cut back on food spending @ @ @ @ @ @ @ most pay decreases while Blacks and Latinos lost jobs at higher rates than whites and Asian Americans .
As for the future , over 25 % responded they were worried about saving for retirement and housing costs on an almost daily-basis .
Among lower-income Californians , those in the San Francisco Bay Area and the Inland Empire worry most about covering their bills and respondents in Los Angeles are most concerned about being laid off .
“ Lower-income Californians are less likely to say their household finances are comfortable and that it would @ @ @ @ @ @ @ emergency expense , ” Baldassare noted .
When asked to choose between a variety of economic proposals , an overwhelming 83 % supported publicly funded job training .
A majority of respondents also want increased subsidized child care for low-income workers ( 78 % ) , free college tuition ( 66 % ) and the elimination of college debt ( 65 % ) .
Nearly 70 % , including 63 % of Black respondents , said race and ethnic discrimination contributes to the country ’ s income inequality .
The PPIC survey carries @ @ @ @ @ @ @ is based on phone interviews with over 2,300 California adults .
As for demographics , the survey included responses from 1,000 lower-income workers and was given between November 4-23 in English , Spanish , Chinese , Vietnamese and Korean .
The survey ’ s release coincides with the state ’ s worst stretch of the pandemic yet , as its death toll earlier this week crossed the 20,000 mark .
Statewide hospitalizations and ICU admissions are also up 70 % over the last two weeks , prompting Governor Gavin Newsom to issue strict @ @ @ @ @ @ @ Central Valley .
The orders , which mirror shelter-in-place mandates issued in March , are expected to extend to the rest of the state later this month .
On the pandemic , 72 % said they are worried about getting sick and 65 % are sweating the potential financial consequences .
Nearly 80 % say their life has been impacted at least some by the coronavirus and 51 % are consistently worried that pandemic-related stress is negatively affecting their mental health .
Regardless of the cringeworthy overall results , the survey found a @ @ @ @ @ @ @ % ) and the Legislature ( 53 % ) are handling the economy .
Both Newsom and lawmakers have said pandemic relief for small businesses and low-wage workers will be a focus of the next budget and legislative session .

Struggling through pandemic lockdowns and incessant school closures, Californians expect a bleak financial future for the next generation to grow up in the nation’s richest state.
SACRAMENTO, Calif. (CN) — Struggling through pandemic lockdowns and incessant school closures, Californians expect a bleak financial future for the next generation to grow up in the nation’s richest state.
Concluding a year marred by record unemployment that unduly targeted low-income workers, just 35% of respondents in a new survey released Wednesday said California children will be better off financially than their parents. The pessimistic poll also found a strong majority of Californians believe the gap between the rich and poor is growing and will continue over the next decade.
In the latest Public Policy Institute of California statewide survey, 80% of adult respondents pinned their murky financial predictions on a lack of well-paying jobs.
Job scarcity has some residents plotting moves as the pandemic wages on, says PPIC president Mark Baldassare.
“Californians have a gloomy economic outlook, and one in four are seriously considering leaving California due to a lack of well-paying jobs in their region,” Baldassare said.
The survey, titled “Californians & Their Economic Well-Being,” reveals Californians across most income groups have yet to recover financial losses caused by the coronavirus.
California unemployment peaked at a record 16.4% last spring and the state has lost over 2.6 million nonfarm jobs since March. The number of unemployed Californians — 1.7 million — is up 136% compared to November 2019, with the largest job losses coming from the hospitality, tourism, restaurant and personal services industries.
Though the latest jobs report pegged state unemployment below 10% for the first time since the onset of the pandemic, California’s pandemic recovery has been top heavy. Californians making under $20 per hour have seen most of the job losses, in contrast to people making over $60 per hour who remain employed at pre-pandemic levels.
The strain on California’s middle and lower class — and more specifically minority households — is reflected throughout the PPIC survey.
Over 40% of respondents from households with incomes below $40,000 said someone had their hours or pay reduced, while an alarming 42% of households with incomes under $80,000 said they have been forced to cut back on food spending. In addition, Latinos reported the most pay decreases while Blacks and Latinos lost jobs at higher rates than whites and Asian Americans.
As for the future, over 25% responded they were worried about saving for retirement and housing costs on an almost daily-basis. Among lower-income Californians, those in the San Francisco Bay Area and the Inland Empire worry most about covering their bills and respondents in Los Angeles are most concerned about being laid off.
“Lower-income Californians are less likely to say their household finances are comfortable and that it would be not too difficult to pay an emergency expense,” Baldassare noted.
When asked to choose between a variety of economic proposals, an overwhelming 83% supported publicly funded job training. A majority of respondents also want increased subsidized child care for low-income workers (78%), free college tuition (66%) and the elimination of college debt (65%). Nearly 70%, including 63% of Black respondents, said race and ethnic discrimination contributes to the country’s income inequality.
The PPIC survey carries a 3.1% margin of error and is based on phone interviews with over 2,300 California adults. As for demographics, the survey included responses from 1,000 lower-income workers and was given between November 4-23 in English, Spanish, Chinese, Vietnamese and Korean.
The survey’s release coincides with the state’s worst stretch of the pandemic yet, as its death toll earlier this week crossed the 20,000 mark.
Statewide hospitalizations and ICU admissions are also up 70% over the last two weeks, prompting Governor Gavin Newsom to issue strict new lockdowns in Southern California and the Central Valley. The orders, which mirror shelter-in-place mandates issued in March, are expected to extend to the rest of the state later this month.
On the pandemic, 72% said they are worried about getting sick and 65% are sweating the potential financial consequences. Nearly 80% say their life has been impacted at least some by the coronavirus and 51% are consistently worried that pandemic-related stress is negatively affecting their mental health.
Regardless of the cringeworthy overall results, the survey found a majority approve of how Newsom (58%) and the Legislature (53%) are handling the economy. Both Newsom and lawmakers have said pandemic relief for small businesses and low-wage workers will be a focus of the next budget and legislative session.


Election Results

CARSON CITY , Nev. — The Nevada Supreme Court rejected an appeal seeking to overturn the state ’ s presidential @ @ @ @ @ appellants did not point out any “ unsupported factual findings ” in the district court @ @ @ @ @ .
President-elect Joe Biden won the state by more than 33,000 votes .

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.


Health Plans

SAN FRANCISCO — The Ninth Circuit vacated in part the dismissal of a class action brought by HIV and AIDS @ @ @ @ @ health plans , which require them to obtain their specialty medications through a designated pharmacy @ @ @ @ @ forego essential counseling and consultation from specialty pharmacists .
”


Petitions

SAN FRANCISCO — A federal court in California dismissed a class action that claimed Change.org misused money donated to a @ @ @ @ @ police officers who killed George Floyd .
The contribution screen clearly stated the money would @ @ @ @ @ petition to other Change.org supporters , in addition to advertising on external billboard , social @ @ @ @ @


Jamal Khashoggi

NEW YORK — A federal court in New York rejected the federal government ’ s attempt to not specifically identify @ @ @ @ @ of Jamal Khashoggi in a Vaughn index .
President Donald Trump ’ s statement admitting @ @ @ @ @ reviewed the tape and that the government is in possession of it , and another @ @ @ @ @ Mike Pence , preclude the government from claiming that identifying the tape would reveal “ @ @ @ @ @


Union Fees

CHICAGO — The Seventh Circuit upheld a teacher ’ s class action suit seeking recovery of “ fair-share fees ” @ @ @ @ @ the Chicago Teachers Union before a U.S. Supreme Court decision concluded the extraction of such @ @ @ @ @ unconstitutional .
The teacher requested the circuit court affirm the dismissal so that he can @ @ @ @ @ .


courthousenews--2020-12-10--Feds Appeal Court Order Requiring Them to Care for Disabled Immigrants Amid Pandemic

( CN ) — Federal immigration officials argued to the Ninth Circuit Wednesday they should not be under a nationwide court order to provide special care to disabled detainees due to Covid-19 because they responded to the pandemic in a timely manner .
Despite numerous outbreaks of Covid-19 at multiple Immigration and Customs Enforcement facilities , an attorney for the government argued before a Ninth Circuit panel that the injunction , issued by U.S. District Judge Jesus Bernal in April , put the agency “ in a very rough place.
” The pandemic caused outbreaks of Covid-19 at federal immigration @ @ @ @ @ @ @ to distance themselves from one another .
A class action lawsuit , filed August 2019 , argued disabled detainees are discriminated against because there is a lack of adequate mental and physical health care .
The class includes detainees at 160 facilities run by private prison companies under contract with ICE and the Department of Homeland Security .
The lead plaintiff in the case , Faour Fraihat , is partially blind and was detained at the Adelanto facility about 85 miles northeast of Los Angeles .
He said his vision problems are ignored @ @ @ @ @ @ @ facility .
Immigration advocacy groups who filed the complaint on behalf of the detainees maintain that poor conditions are commonplace at facilities across the country .
Outbreaks of Covid-19 at detention facilities earlier this year brought a new level of urgency to the case and in April 2020 , a nationwide preliminary injunction was granted by Judge Bernal from the Central District of California .
The court ordered ICE to identify people with risk factors if they were exposed to Covid-19 and to provide special precautions to keep them safe .
The agency @ @ @ @ @ @ @ of those detainees when appropriate and for the federal agency to follow its own detention standards .
The government appealed the court ’ s preliminary injunction order and the certification of the class action lawsuit , claiming that the court based its decision on anecdotal evidence at just a few detention facilities .
The federal immigration agency argued the plaintiff ’ s substantive due process claim was based on an alleged deliberate indifference to the medical needs of the detainees .
On Wednesday , an attorney for the government argued that the district @ @ @ @ @ @ @ analysis of the conditions at ICE detention facilities , but instead relied on anecdotal evidence .
U.S .
Circuit Judges Marsha Berzon , a Bill Clinton appointee , Daniel Bress and Eric Miller , both Trump appointees , made up the panel .
Deputy Assistant Attorney General Scott Stewart said individual declarations provided by the plaintiffs fall short of an attack on the systemwide policies followed by ICE .
He said the plaintiffs “ cherry picked ” their claims .
“ The problem here is you can not resolve the propriety of ICE @ @ @ @ @ @ @ broad stroke , ” Stewart said .
He argued that the issues presented by the plaintiffs should be addressed on a person-by-person basis .
The situation is there are some facilities with large populations and others with smaller populations , Stewart said .
He added that the federal government was “ in a very rough place ” under the preliminary injunction , one that places the agency under court supervision and could result in contempt .
Plaintiffs ’ attorney Brian Goldman began to launch into his argument when Judge Bress questioned how the @ @ @ @ @ @ @ the entire class of detainees .
“ This is a monster type allegation , ” Bress said .
“ The allegation here is that at a systemwide level across the nation , 250 facilities , thousands of people and the allegation is one of a sort of negligence or they could have done better .
But it ’ s actually quite a high standard of deliberate indifference .
It seems to me that you have both a difficult legal standard on the merits and a difficult path under class certification .
I just @ @ @ @ @ @ @ lawsuit.
” Goldman said the district court ordered a modest order when it asked ICE to comply with its own pandemic standards to keep detainees safe .
He described the preliminary injunction to “ just move them into constitutional guardrails.
” Later , Stewart said the order covers hundreds of facilities , and could stretch out for years .
“ That is not a modest injunction , ” he said .
Bress asked Goldman , based on the April injunction order , how the plaintiffs could show that there was deliberate indifference .
@ @ @ @ @ @ @ of ICE not complying with its policies and given the evidence that was submitted , the court found that there was a failure to address the substantial risk Covid-19 posed to detainees even with the emergency policies put in place .
Bress pushed further , asking for proof that the April injunction had not been enforced at ICE facilities .
Goldman said there were statements from detainees about poor conditions in eight centers in Georgia and similar statements from advocates who have a systemwide view of the facilities that shows a lack of @ @ @ @ @ @ @ district court could look at the combination and the contemporaneous evidence and the fact that ICE had moved so slowly in the first couple of months of the pandemic ” to say this is not being done quickly enough and a limited injunction is needed , Goldman said .
A follow-up court order was filed in October that tightened up the federal government ’ s response to the pandemic in its immigrant detention facilities .
ICE has appealed that ruling .
Goldman said there has been some compliance with the order , but @ @ @ @ @ @ @ that have been overlooked .
The panel took the argument under submission and did not indicate when they would issue their ruling .

Federal immigration officials argued to the Ninth Circuit Wednesday they should not be under a nationwide court order to provide special care to disabled detainees due to Covid-19 because they responded to the pandemic in a timely manner.
(CN) — Federal immigration officials argued to the Ninth Circuit Wednesday they should not be under a nationwide court order to provide special care to disabled detainees due to Covid-19 because they responded to the pandemic in a timely manner.
Despite numerous outbreaks of Covid-19 at multiple Immigration and Customs Enforcement facilities, an attorney for the government argued before a Ninth Circuit panel that the injunction, issued by U.S. District Judge Jesus Bernal in April, put the agency “in a very rough place.”
The pandemic caused outbreaks of Covid-19 at federal immigration detention facilities where detainees were not able to distance themselves from one another.
A class action lawsuit, filed August 2019, argued disabled detainees are discriminated against because there is a lack of adequate mental and physical health care.
The class includes detainees at 160 facilities run by private prison companies under contract with ICE and the Department of Homeland Security.
The lead plaintiff in the case, Faour Fraihat, is partially blind and was detained at the Adelanto facility about 85 miles northeast of Los Angeles. He said his vision problems are ignored by federal officials and staff at the facility.
Immigration advocacy groups who filed the complaint on behalf of the detainees maintain that poor conditions are commonplace at facilities across the country.
Outbreaks of Covid-19 at detention facilities earlier this year brought a new level of urgency to the case and in April 2020, a nationwide preliminary injunction was granted by Judge Bernal from the Central District of California.
The court ordered ICE to identify people with risk factors if they were exposed to Covid-19 and to provide special precautions to keep them safe. The agency was also tasked to prioritize the release of those detainees when appropriate and for the federal agency to follow its own detention standards.
The government appealed the court’s preliminary injunction order and the certification of the class action lawsuit, claiming that the court based its decision on anecdotal evidence at just a few detention facilities.
The federal immigration agency argued the plaintiff’s substantive due process claim was based on an alleged deliberate indifference to the medical needs of the detainees.
On Wednesday, an attorney for the government argued that the district court did not provide a highly granular analysis of the conditions at ICE detention facilities, but instead relied on anecdotal evidence.
U.S. Circuit Judges Marsha Berzon, a Bill Clinton appointee, Daniel Bress and Eric Miller, both Trump appointees, made up the panel.
Deputy Assistant Attorney General Scott Stewart said individual declarations provided by the plaintiffs fall short of an attack on the systemwide policies followed by ICE. He said the plaintiffs "cherry picked” their claims.
“The problem here is you cannot resolve the propriety of ICE response in this fluid context with one broad stroke,” Stewart said.
He argued that the issues presented by the plaintiffs should be addressed on a person-by-person basis.
The situation is there are some facilities with large populations and others with smaller populations, Stewart said. He added that the federal government was “in a very rough place” under the preliminary injunction, one that places the agency under court supervision and could result in contempt.
Plaintiffs’ attorney Brian Goldman began to launch into his argument when Judge Bress questioned how the district court could prove reckless disregard against the entire class of detainees.
“This is a monster type allegation,” Bress said. “The allegation here is that at a systemwide level across the nation, 250 facilities, thousands of people and the allegation is one of a sort of negligence or they could have done better. But it’s actually quite a high standard of deliberate indifference. It seems to me that you have both a difficult legal standard on the merits and a difficult path under class certification. I just think it’s a very ambitious lawsuit.”
Goldman said the district court ordered a modest order when it asked ICE to comply with its own pandemic standards to keep detainees safe. He described the preliminary injunction to “just move them into constitutional guardrails.”
Later, Stewart said the order covers hundreds of facilities, and could stretch out for years.
“That is not a modest injunction,” he said.
Bress asked Goldman, based on the April injunction order, how the plaintiffs could show that there was deliberate indifference.
Goldman said there is a long history of ICE not complying with its policies and given the evidence that was submitted, the court found that there was a failure to address the substantial risk Covid-19 posed to detainees even with the emergency policies put in place.
Bress pushed further, asking for proof that the April injunction had not been enforced at ICE facilities.
Goldman said there were statements from detainees about poor conditions in eight centers in Georgia and similar statements from advocates who have a systemwide view of the facilities that shows a lack of response to the pandemic.
“The district court could look at the combination and the contemporaneous evidence and the fact that ICE had moved so slowly in the first couple of months of the pandemic” to say this is not being done quickly enough and a limited injunction is needed, Goldman said.
A follow-up court order was filed in October that tightened up the federal government’s response to the pandemic in its immigrant detention facilities.
ICE has appealed that ruling. Goldman said there has been some compliance with the order, but there are still thousands of class members that have been overlooked.
The panel took the argument under submission and did not indicate when they would issue their ruling.


courthousenews--2020-12-10--Journalist Sues Saudi Arabian and UAE Crown Princes Over Alleged Phone Hack

MIAMI , Fla. ( CN ) — Al Jazeera journalist Ghada Oueiss sued Saudi Arabian Crown Prince Mohammed bin Salman and United Arab Emirates Crown Prince Mohammed Bin Zayed in federal court Wednesday over an alleged conspiracy to sully her reputation .
In a 93-page complaint filed in the Southern District of Florida , Oueiss claims the crown princes worked with an international network of conspirators to repeatedly hack her cell phone and leak her personal information worldwide .
Her attorneys , Daniel Rashbaum and Jeffrey Marcus with the law firm Marcus Neiman & Rashbaum LLP , say this network @ @ @ @ @ @ @ TV stations .
The complaint also accuses a few U.S. citizens — such as Florida residents Sharon Collins and Hussam Al-Jundi — of being involved in the scheme by publishing Oueiss ’ s stolen information on social media platforms .
“ The hack and leak operation was directed and controlled by foreign actors who created an American infrastructure comprised of various U.S. citizens that worked in concert to viciously attack Ms. Oueiss , ” the complaint states .
Her attorneys called the use of unregistered American agents to promote foreign interests in the @ @ @ @ @ @ @ warfare.
” Among the private information spread by the alleged conspirators were numerous screenshots of a video from Oueiss ’ phone , which were doctored in a way to falsely make her appear to be nude .
The images were then plastered across several websites that Oueiss says were created for the purpose of spreading misinformation about her .
The journalist ’ s attorneys wrote that she is “ one of the most recent of a list of journalists targeted by joint and coordinated efforts of Saudi and UAE leadership , which leverage @ @ @ @ @ @ @ harassment campaigns and targeted hacking efforts to defame , humiliate and harm dissidents and any others that report facts unaligned with the Saudi or UAE regimes.
” Oueiss , who has worked as a journalist in the Middle East for about 20 years , is an anchor for Al Jazeera Arabic and also writes for U.S. news outlets like The Washington Post .
According to the complaint on Wednesday , Oueiss had “ earned the attention of the Saudi regime ” while reporting on the 2018 state-sanctioned assassination of Washington Post journalist Jamal @ @ @ @ @ @ @ Istanbul .
She said the hacking and dissemination of her personal information online was done in an attempt to intimidate her from continuing to report on the regimes ’ human rights abuses .
Oueiss ’ s attorneys noted that , in the months leading up to his murder , “ Mr .
Khashoggi was constantly attacked by an army of Twitter , Inc. ( “ Twitter ” ) trolls who were acting at the behest of the Saudi government.
” Included in the long list of defendants in Wednesday ’ s filing is @ @ @ @ @ @ @ carried out the attack on Khashoggi .
“ Obsessed with maintaining a polished standing , the de facto rulers of the UAE and Saudi regimes are determined to whitewash their public images in the eyes of the American government and its citizens , ” the complaint says , “ One way to accomplish this goal is to eviscerate all critics of their regimes—no matter the veracity of the critics ’ statements about the regimes .
”

Al Jazeera journalist Ghada Oueiss sued Saudi Arabian Crown Prince Mohammed bin Salman and United Arab Emirates Crown Prince Mohammed Bin Zayed in federal court Wednesday over an alleged conspiracy to sully her reputation.
MIAMI, Fla. (CN) — Al Jazeera journalist Ghada Oueiss sued Saudi Arabian Crown Prince Mohammed bin Salman and United Arab Emirates Crown Prince Mohammed Bin Zayed in federal court Wednesday over an alleged conspiracy to sully her reputation.
In a 93-page complaint filed in the Southern District of Florida, Oueiss claims the crown princes worked with an international network of conspirators to repeatedly hack her cell phone and leak her personal information worldwide.
Her attorneys, Daniel Rashbaum and Jeffrey Marcus with the law firm Marcus Neiman & Rashbaum LLP, say this network included several Saudi and UAE officials and TV stations.
The complaint also accuses a few U.S. citizens — such as Florida residents Sharon Collins and Hussam Al-Jundi — of being involved in the scheme by publishing Oueiss’s stolen information on social media platforms.
“The hack and leak operation was directed and controlled by foreign actors who created an American infrastructure comprised of various U.S. citizens that worked in concert to viciously attack Ms. Oueiss,” the complaint states.
Her attorneys called the use of unregistered American agents to promote foreign interests in the U.S. “a new instrument of Saudi warfare.”
Among the private information spread by the alleged conspirators were numerous screenshots of a video from Oueiss’ phone, which were doctored in a way to falsely make her appear to be nude.
The images were then plastered across several websites that Oueiss says were created for the purpose of spreading misinformation about her.
The journalist’s attorneys wrote that she is “one of the most recent of a list of journalists targeted by joint and coordinated efforts of Saudi and UAE leadership, which leverage multiple entities and vectors using social media harassment campaigns and targeted hacking efforts to defame, humiliate and harm dissidents and any others that report facts unaligned with the Saudi or UAE regimes.”
Oueiss, who has worked as a journalist in the Middle East for about 20 years, is an anchor for Al Jazeera Arabic and also writes for U.S. news outlets like The Washington Post.
According to the complaint on Wednesday, Oueiss had “earned the attention of the Saudi regime” while reporting on the 2018 state-sanctioned assassination of Washington Post journalist Jamal Khashoggi at the Saudi Arabian Consulate in Istanbul.
She said the hacking and dissemination of her personal information online was done in an attempt to intimidate her from continuing to report on the regimes’ human rights abuses.
Oueiss’s attorneys noted that, in the months leading up to his murder, “Mr. Khashoggi was constantly attacked by an army of Twitter, Inc. (“Twitter”) trolls who were acting at the behest of the Saudi government.”
Included in the long list of defendants in Wednesday’s filing is the same group of officials that allegedly carried out the attack on Khashoggi.
“Obsessed with maintaining a polished standing, the de facto rulers of the UAE and Saudi regimes are determined to whitewash their public images in the eyes of the American government and its citizens,” the complaint says, “One way to accomplish this goal is to eviscerate all critics of their regimes—no matter the veracity of the critics’ statements about the regimes.”


Whistleblower

SAN FRANCISCO — Alice Stebbins , the former executive director of the California Public Utilities Commission , filed a lawsuit @ @ @ @ @ Francisco Superior Court , claiming she was wrongfully fired for refusing to stop an investigation @ @ @ @ @ finances .


courthousenews--2020-12-11--St. Louis Judge Dismisses Prosecutor From McCloskey Case

ST. LOUIS ( CN ) — Citing a pair of political fundraising emails , a city judge on Thursday disqualified Circuit Attorney Kim Gardner from prosecuting Mark McCloskey on gun charges , in a case that made national headlines after the white attorney waved an AR-15 rifle outside of his mansion amid protesters .
The order by Circuit Judge Thom Clark II stated that a special prosecutor shall be appointed to take over the case .
Mark McCloskey , 63 , and Patricia McCloskey , 61 , became folk heroes in GOP circles after waving the rifle and handgun at @ @ @ @ @ @ @ of their St. Louis home on June 28 .
They were each indicted by a St. Louis grand jury for unlawful use of a weapon , a felony , and tampering with a weapon , a misdemeanor .
Joel Schwartz , representing the McCloskeys , argued in October that Gardner should be disqualified because her decision to charge his clients was politically motivated .
He argued two emails she sent soliciting campaign donations that highlighted the case showed a conflict of interest .
Judge Clark found that Gardner and her campaign are almost @ @ @ @ @ @ @ order that she served as both candidate and treasurer .
“ In short , the Circuit Attorney ’ s conduct raises the appearance that she initiated a criminal prosecution for political purposes , ” Clark wrote .
“ Immediately before and after charging defendant , she solicited campaign donations to advance her personal interests.
” A Gardner spokeswoman issued a statement stating , “ We will review the court order and determine our options.
” Gardner , a Democrat , at the time was involved in a heated primary race .
She won @ @ @ @ @ @ @ reelection in November , running on a platform of criminal justice reform .
Clark took that into context when considering his decision .
“ Seeking to enhance her personal interests , Ms. Gardner distributes these two different emails following the June 28 event , ” Clark wrote .
“ Importantly , the emails solicit donations while highlighting Defendant and the event surrounding his alleged criminal conduct .
Both emails are created within a five-day window of her decision to charge Defendant on July 20 , linking her prosecutorial discretion to money solicitations.
” @ @ @ @ @ @ @ the October hearing , argued that the emails should be considered within context and content .
He told the judge that the context of the emails was in response to attacks from Republicans , including President Donald Trump , regarding the McCloskey incident .
Huq also claimed that the content of the emails contained nothing more than information already supplied by the McCloskeys during multiple media appearances immediately following the incident .
Schwartz was pleased with the decision .
“ We believe that there is no evidence of criminality and were hopeful that @ @ @ @ @ @ @ said in an interview .
The McCloskeys are being tried separately , in different divisions of the court , even though each case has identical motions .
Clark ’ s decision only applies to Mark McCloskey ’ s case .
Schwartz plans to file a motion on Patricia McCloskey ’ s case to adopt this ruling .
“ The way we looked at it is given all of the information regarding Mrs. McCloskey and the operability of her gun and the facts surrounding her case , is that if a judge would disqualify @ @ @ @ @ @ @ Mr. McCloskey ’ s case , it would be much easier to request a judge to adopt that ruling and do the same thing on Mrs. McCloskey ’ s case , ” Schwartz said .
The McCloskeys , both attorneys , claim they felt their lives were in danger as protesters who were on their way to Mayor Lyda Krewson ’ s house advanced onto their private street .
Cellphone video showed Mark McCloskey in front of the couple ’ s $ 1.15 million home with an AR-15 rifle and Patricia McCloskey with @ @ @ @ @ @ @ they are justified through Missouri ’ s so-called castle doctrine , which allows the use of deadly force against intruders .
Conservatives have rallied behind the McCloskeys , who spoke at the Republican National Convention in August .

Citing a pair of political fundraising emails, a city judge on Thursday disqualified Circuit Attorney Kim Gardner from prosecuting Mark McCloskey on gun charges, in a case that made national headlines after the white attorney waved an AR-15 rifle outside of his mansion amid protesters.
ST. LOUIS (CN) — Citing a pair of political fundraising emails, a city judge on Thursday disqualified Circuit Attorney Kim Gardner from prosecuting Mark McCloskey on gun charges, in a case that made national headlines after the white attorney waved an AR-15 rifle outside of his mansion amid protesters.
The order by Circuit Judge Thom Clark II stated that a special prosecutor shall be appointed to take over the case.
Mark McCloskey, 63, and Patricia McCloskey, 61, became folk heroes in GOP circles after waving the rifle and handgun at hundreds of civil rights protesters in front of their St. Louis home on June 28. They were each indicted by a St. Louis grand jury for unlawful use of a weapon, a felony, and tampering with a weapon, a misdemeanor.
Joel Schwartz, representing the McCloskeys, argued in October that Gardner should be disqualified because her decision to charge his clients was politically motivated. He argued two emails she sent soliciting campaign donations that highlighted the case showed a conflict of interest.
Judge Clark found that Gardner and her campaign are almost indistinguishable. He noted in the 22-page order that she served as both candidate and treasurer.
“In short, the Circuit Attorney’s conduct raises the appearance that she initiated a criminal prosecution for political purposes,” Clark wrote. “Immediately before and after charging defendant, she solicited campaign donations to advance her personal interests.”
A Gardner spokeswoman issued a statement stating, “We will review the court order and determine our options.”
Gardner, a Democrat, at the time was involved in a heated primary race. She won that election in August and ultimately won reelection in November, running on a platform of criminal justice reform.
Clark took that into context when considering his decision.
“Seeking to enhance her personal interests, Ms. Gardner distributes these two different emails following the June 28 event,” Clark wrote. “Importantly, the emails solicit donations while highlighting Defendant and the event surrounding his alleged criminal conduct. Both emails are created within a five-day window of her decision to charge Defendant on July 20, linking her prosecutorial discretion to money solicitations.”
Eusef Huq, who represented Gardner at the October hearing, argued that the emails should be considered within context and content. He told the judge that the context of the emails was in response to attacks from Republicans, including President Donald Trump, regarding the McCloskey incident.
Huq also claimed that the content of the emails contained nothing more than information already supplied by the McCloskeys during multiple media appearances immediately following the incident.
Schwartz was pleased with the decision.
“We believe that there is no evidence of criminality and were hopeful that it would be dismissed,” he said in an interview.
The McCloskeys are being tried separately, in different divisions of the court, even though each case has identical motions. Clark’s decision only applies to Mark McCloskey’s case.
Schwartz plans to file a motion on Patricia McCloskey’s case to adopt this ruling.
“The way we looked at it is given all of the information regarding Mrs. McCloskey and the operability of her gun and the facts surrounding her case, is that if a judge would disqualify the circuit attorney's office on Mr. McCloskey's case, it would be much easier to request a judge to adopt that ruling and do the same thing on Mrs. McCloskey's case,” Schwartz said.
The McCloskeys, both attorneys, claim they felt their lives were in danger as protesters who were on their way to Mayor Lyda Krewson’s house advanced onto their private street. Cellphone video showed Mark McCloskey in front of the couple’s $1.15 million home with an AR-15 rifle and Patricia McCloskey with a semiautomatic handgun.
The couple claims they are justified through Missouri’s so-called castle doctrine, which allows the use of deadly force against intruders. Conservatives have rallied behind the McCloskeys, who spoke at the Republican National Convention in August.


Recall Polis

DENVER — Coloradans seeking to recall Governor Jared Polis sued the Centennial State ’ s elections chief Thursday , claiming @ @ @ @ @ more time to collect signatures given Covid-19 restrictions imposed by the state .


courthousenews--2020-12-11--San Diego Courts Go Digital, Adjust Document Costs in Pandemic Response

SAN DIEGO ( CN ) — In their final state of the courts address for 2020 , USDC Southern District of California Chief Judge Larry Alan Burns and San Diego Superior Court Presiding Judge Lorna Alksne said Thursday many pandemic-related changes , including document costs and digital court hearings and filings , will be here to stay .
While the two courts flank either side of Broadway in downtown San Diego , the way they have adjusted court operations due to the Covid-19 pandemic , and how the public has responded , has differed .
In response to complaints about @ @ @ @ @ @ @ Judge Alksne announced during the virtual address starting in the new year the court will implement an adjusted cost structure that will result in a cost savings for 79 % of court users .
Currently , it costs $ 7.50 to download documents up to 10 pages , with 7 cents charged for each additional page downloaded in San Diego Superior Court , and costs not to exceed $ 40 per document .
The new fee structure will charge $ 1 per page for the first five pages , with 40 cents charged @ @ @ @ @ @ @ to download a single document will not exceed $ 50 starting Jan. 1 .
Customers will see savings to download documents that are 11 pages or less — which will cost $ 7.40 under the new structure — with a significant cost savings to download documents that are only a few pages long .
Last year , San Diego Superior Court ’ s revenue for document downloads was $ 1.2 million .
Under the new document fee change in 2021 , that revenue will go down , public information officer Emily Cox said @ @ @ @ @ @ @ the latest stay-at-home orders for Southern California will not affect current court operations , except for jury trials , which resumed late this past summer and have been paused for the remainder of the year .
“ If there ’ s any silver lining to this latest shutdown , it comes when court proceedings typically slow down , ” Burns said .
Burns said “ trials have gone off without any hitches at all ” in the Southern District , where there have been verdicts in all 14 cases tried since August , @ @ @ @ @ @ @ But Alksne said San Diego Superior Court is still getting less jurors responding to summons .
To make-up for a lower response by jurors , Alksne said the court will not stop summoning jurors , even during stay-at-home orders , “ because I want to be nimble and ready to pick up [ next year . ]
” She said jurors not selected to serve on criminal trials will be “ repurposed ” for civil juries .
Complicating the ability to try cases in Superior Court — where Alksne said 2,000 criminal cases @ @ @ @ @ @ @ s eviction moratorium , which will expire in January , and unlawful detainer cases will take priority for being tried .
There are currently 20 unlawful detainer cases on deck for trial , Alksne said .
Comparing the courts , Burns said “ It ’ s much easier to get a jury here , I don ’ t know why our numbers have been so different in responses.
” He said upwards of 80 % of prospective jurors have responded to summons to serve in the Southern District , which has similar procedures @ @ @ @ @ @ @ for allowing jurors to request being excused from service for pandemic-related reasons .
Both judges said no Covid-19 cases had been contracted in their courthouses .
Judge Burns noted a doctor who served as a juror for a trial he presided over said , “ I ’ m safer here than in the hospital I work in.
” Adjustments to virtual court proceedings are still being made nine months into the pandemic , with Judge Alksne confirming San Diego Superior Court is working to transfer holding all court hearings , including civil cases @ @ @ @ @ @ @ the Court Call system which charges parties $ 100 to appear .
To help free up civil clerks ’ phone lines , San Diego Superior Court also recently implemented an online reservation system for civil motion hearing dates , Alksne added .
Burns said he was concerned the Southern District ’ s settlement rate would go down with virtual court hearings , especially for case management conferences held soon after cases are filed which can turn into de-facto settlement conferences due to all parties appearing before the magistrate judge .
“ I was @ @ @ @ @ @ @ was being used , it was quite effective at settling cases that ought to be settled at the early stage , ” Burns said .
Alksne said she expects remote proceedings to outlast the pandemic , especially for settlement conferences , family law matters and remote appearances for out-of-state witnesses .
She also noted warrants are now filed electronically , freeing up law enforcement officers from having to execute them personally in court .
“ We get lots of warrants every day… rather than having a parade of officers , taking time away @ @ @ @ @ @ @ they can send an email , ” Alksne said .
“ The technology is there , it will stay in the courtrooms and we will only get better at it , ” Alksne said , noting the courts could not have avoided a second shutdown without the technology implemented during the pandemic .
The state of the court address was hosted by the San Diego County Bar Association and moderated by its President Johanna Schiavoni .

In their final state of the courts address for 2020, USDC Southern District of California Chief Judge Larry Alan Burns and San Diego Superior Court Presiding Judge Lorna Alksne said Thursday many pandemic-related changes, including document costs and digital court hearings and filings, will be here to stay.
SAN DIEGO (CN) — In their final state of the courts address for 2020, USDC Southern District of California Chief Judge Larry Alan Burns and San Diego Superior Court Presiding Judge Lorna Alksne said Thursday many pandemic-related changes, including document costs and digital court hearings and filings, will be here to stay.
While the two courts flank either side of Broadway in downtown San Diego, the way they have adjusted court operations due to the Covid-19 pandemic, and how the public has responded, has differed.
In response to complaints about the costs to download court documents, Judge Alksne announced during the virtual address starting in the new year the court will implement an adjusted cost structure that will result in a cost savings for 79% of court users.
Currently, it costs $7.50 to download documents up to 10 pages, with 7 cents charged for each additional page downloaded in San Diego Superior Court, and costs not to exceed $40 per document.
The new fee structure will charge $1 per page for the first five pages, with 40 cents charged for each additional page downloaded. Costs to download a single document will not exceed $50 starting Jan. 1.
Customers will see savings to download documents that are 11 pages or less — which will cost $7.40 under the new structure — with a significant cost savings to download documents that are only a few pages long.
Last year, San Diego Superior Court’s revenue for document downloads was $1.2 million. Under the new document fee change in 2021, that revenue will go down, public information officer Emily Cox said in an email.
Both judges said the latest stay-at-home orders for Southern California will not affect current court operations, except for jury trials, which resumed late this past summer and have been paused for the remainder of the year.
“If there’s any silver lining to this latest shutdown, it comes when court proceedings typically slow down,” Burns said.
Burns said “trials have gone off without any hitches at all” in the Southern District, where there have been verdicts in all 14 cases tried since August, three of which Burns presided over.
But Alksne said San Diego Superior Court is still getting less jurors responding to summons.
To make-up for a lower response by jurors, Alksne said the court will not stop summoning jurors, even during stay-at-home orders, “because I want to be nimble and ready to pick up [next year.]” She said jurors not selected to serve on criminal trials will be “repurposed” for civil juries.
Complicating the ability to try cases in Superior Court — where Alksne said 2,000 criminal cases await trial — is San Diego’s eviction moratorium, which will expire in January, and unlawful detainer cases will take priority for being tried.
There are currently 20 unlawful detainer cases on deck for trial, Alksne said.
Comparing the courts, Burns said “It’s much easier to get a jury here, I don’t know why our numbers have been so different in responses.”
He said upwards of 80% of prospective jurors have responded to summons to serve in the Southern District, which has similar procedures in place as San Diego Superior Court for allowing jurors to request being excused from service for pandemic-related reasons.
Both judges said no Covid-19 cases had been contracted in their courthouses. Judge Burns noted a doctor who served as a juror for a trial he presided over said, “I’m safer here than in the hospital I work in.”
Adjustments to virtual court proceedings are still being made nine months into the pandemic, with Judge Alksne confirming San Diego Superior Court is working to transfer holding all court hearings, including civil cases, via Microsoft Teams rather than through the Court Call system which charges parties $100 to appear.
To help free up civil clerks’ phone lines, San Diego Superior Court also recently implemented an online reservation system for civil motion hearing dates, Alksne added.
Burns said he was concerned the Southern District’s settlement rate would go down with virtual court hearings, especially for case management conferences held soon after cases are filed which can turn into de-facto settlement conferences due to all parties appearing before the magistrate judge.
“I was pleasantly surprised to learn even when Zoom was being used, it was quite effective at settling cases that ought to be settled at the early stage,” Burns said.
Alksne said she expects remote proceedings to outlast the pandemic, especially for settlement conferences, family law matters and remote appearances for out-of-state witnesses.
She also noted warrants are now filed electronically, freeing up law enforcement officers from having to execute them personally in court.
“We get lots of warrants every day… rather than having a parade of officers, taking time away from their job protecting the community, they can send an email,” Alksne said.
“The technology is there, it will stay in the courtrooms and we will only get better at it,” Alksne said, noting the courts could not have avoided a second shutdown without the technology implemented during the pandemic.
The state of the court address was hosted by the San Diego County Bar Association and moderated by its President Johanna Schiavoni.


courthousenews--2020-12-11--California Courts Covid Update

California Courts Covid Update

Dec. 10 , 2020 : In-person in-court proceedings are suspended for all Northern District of California courts through Jan. 3 @ @ @ @ @ of limited proceedings on Jan. 4 Dec. 8 , 2020 : Press release and order @ @ @ @ @ reset


courthousenews--2020-12-11--Watchdog Faults VA Chief Over Handling of Sex Assault Report

WASHINGTON ( AP ) — Confronted with a sexual assault allegation at a veterans hospital , Veterans Affairs Secretary Robert Wilkie repeatedly sought to discredit the congressional aide who made the complaint and his staff worked to spread negative information about her while ignoring known problems of harassment at the facility , according to an investigative report released Thursday .
The 47-page report by the VA ’ s internal watchdog paints a portrait of a department led by senior officials who were indifferent , if not hostile , to the issues at the department ’ s flagship medical center in @ @ @ @ @ @ @ found that Wilkie acted unprofessionally if not unethically , in the case of Navy veteran Andrea Goldstein , a policy adviser to Democratic Rep. Mark Takano of California , chairman of the House Veterans ’ Affairs Committee .
Associated Press policy is not to name victims or possible victims of sexual assault .
Goldstein agreed to be publicly identified .
Wilkie and other senior officials declined to fully cooperate with the investigation .
For that reason , VA Inspector General Michael Missal said he could not conclude whether Wilkie had acted illegally , @ @ @ @ @ @ @ ’ s past and working with a Republican congressman to dismiss her as a repeat complainer .
Wilkie said the allegations are false .
“ After nearly a year of investigation , interviews with 65 people and analysis of nearly 1.5 million documents , VA ’ s inspector general can not substantiate that I sought to investigate or asked others to investigate the veteran , ” Wilkie said .
Goldstein said the report confirmed that Wilkie ’ s response “ was not to take ownership and ensure accountability , but to investigate me @ @ @ @ @ @ @ She said she hopes Wilkie ’ s successor “ will center and prioritize eradicating sexual violence at VA , and actively work to gain women veterans ’ trust.
” The findings are a black eye for a department that has seen improved performance and veterans ’ satisfaction with VA care under the Trump administration .
But there also has been persistent turmoil , ethical challenges and disarray in its leadership .
The department has received particular criticism for an unwelcoming culture for female veterans , the military ’ s fastest growing subgroup .
@ @ @ @ @ @ @ senior VA officials to the veteran ’ s complaint of sexual assault was troubling , ” Missal said in a statement .
“ Scrutinizing the veteran ’ s background is contrary to VA ’ s stated goal to serve veterans with respect .
Every VA employee should commit to making VA facilities safe and welcoming places where such complaints are met with the highest standards of professionalism and responsiveness.
” According to the report , Wilkie showed undue defensiveness after learning of the complaint in late 2019 .
He referred the matter as @ @ @ @ @ @ @ parts of leadership meetings dismissing her concerns as politically motivated , the report said .
It said former VA Deputy Secretary Jim Byrne testified that Wilkie indicated to staff he had gathered negative information from the Pentagon and Rep. Dan Crenshaw , R-Texas , who knew Goldstein when she was in the Navy , and that she had made frivolous complaints previously .
The inspector general could not conclusively confirm that Wilkie improperly investigated her , in part because of his refusal to fully cooperate .
But the report said they had “ @ @ @ @ @ @ @ Wilkie repeatedly belittling her .
Crenshaw denies discussing the case with Wilkie .
At another point , Curt Cashour , a VA deputy assistant secretary working in the press shop , urged a news organization to dig into Goldstein ’ s background , according to the report .
Cashour denied that he was directed to do this , but told investigators the tip was based on communications he had with Wilkie about Goldstein .
“ The tone set by Secretary Wilkie appears to have influenced aspects of the initial VA police investigation and @ @ @ @ @ @ @ ” the report said .
Wilkie became VA secretary in 2018 after President Donald Trump fired David Shulkin amid ethics troubles and inner rebellion at the department over Shulkin ’ s leadership .
Trump repeatedly points to an improved VA as one of his top accomplishments .
“ For years , you ’ d always see vets and how badly treated they were , ” he told a Georgia rally last week .
“ You don ’ t see that anymore.
” President-elect Joe Biden is pledging to rebuild trust in the VA @ @ @ @ @ @ @ including boosting medical services for women veterans .
On Thursday , Biden said he will nominate Denis McDonough , who served as President Barack Obama ’ s White House chief of staff , to be VA secretary .
Goldstein filed her assault complaint in September 2019 after visiting the VA medical center for an appointment .
She has told media outlets that she was buying a snack in the hospital cafeteria when an unidentified man slammed his body into hers and propositioned her .
Her case was ultimately closed by the inspector general @ @ @ @ @ @ @ year due to lack of enough evidence .
The VA medical center in Washington has had a history of complaints from women about harassment that were widely known by senior officials , according to the report .
William Hudson , the VA ’ s acting general counsel , testified that after the complaint , he sought to improve the Washington facility but got no support .
The report said senior officials showed “ an unusual level of engagement ” in the police investigation , with one officer reporting that a VA official had @ @ @ @ @ @ @ similar to this before ” and seemingly encouraged background checks on her .
If the VA had taken the complaint seriously and reviewed VA police reports , it would have learned that a female VA employee complained in May 2019 about being repeatedly sexually harassed by the same man , as well as information about the contractor ’ s criminal history .
VA officials did not examine the information , the report said .
The VA says it has strived to improve some services for women , though advocates say change has not @ @ @ @ @ @ @ by the VA last year found 1 in 4 female veterans using VA health care reported inappropriate comments by male veterans on VA grounds .
Currently , about 10 % of the nation ’ s veterans are women .
In the U.S. military forces , about 17 % of those enlisted are women , compared with about 2 % in 1973 .

Confronted with a sexual assault allegation at a veterans hospital, Veterans Affairs Secretary Robert Wilkie repeatedly sought to discredit the congressional aide who made the complaint and his staff worked to spread negative information about her while ignoring known problems of harassment at the facility, according to an investigative report released Thursday.
WASHINGTON (AP) — Confronted with a sexual assault allegation at a veterans hospital, Veterans Affairs Secretary Robert Wilkie repeatedly sought to discredit the congressional aide who made the complaint and his staff worked to spread negative information about her while ignoring known problems of harassment at the facility, according to an investigative report released Thursday.
The 47-page report by the VA's internal watchdog paints a portrait of a department led by senior officials who were indifferent, if not hostile, to the issues at the department's flagship medical center in the nation's capital. It found that Wilkie acted unprofessionally if not unethically, in the case of Navy veteran Andrea Goldstein, a policy adviser to Democratic Rep. Mark Takano of California, chairman of the House Veterans' Affairs Committee.
Associated Press policy is not to name victims or possible victims of sexual assault. Goldstein agreed to be publicly identified.
Wilkie and other senior officials declined to fully cooperate with the investigation. For that reason, VA Inspector General Michael Missal said he could not conclude whether Wilkie had acted illegally, allegedly by personally digging into the woman's past and working with a Republican congressman to dismiss her as a repeat complainer.
Wilkie said the allegations are false. "After nearly a year of investigation, interviews with 65 people and analysis of nearly 1.5 million documents, VA's inspector general cannot substantiate that I sought to investigate or asked others to investigate the veteran," Wilkie said.
Takano called on Wilkie to resign.
Goldstein said the report confirmed that Wilkie's response "was not to take ownership and ensure accountability, but to investigate me and attempt to impugn my character." She said she hopes Wilkie's successor "will center and prioritize eradicating sexual violence at VA, and actively work to gain women veterans' trust."
The findings are a black eye for a department that has seen improved performance and veterans' satisfaction with VA care under the Trump administration. But there also has been persistent turmoil, ethical challenges and disarray in its leadership. The department has received particular criticism for an unwelcoming culture for female veterans, the military's fastest growing subgroup.
"The response of Secretary Wilkie and senior VA officials to the veteran's complaint of sexual assault was troubling," Missal said in a statement. "Scrutinizing the veteran's background is contrary to VA's stated goal to serve veterans with respect. Every VA employee should commit to making VA facilities safe and welcoming places where such complaints are met with the highest standards of professionalism and responsiveness."
According to the report, Wilkie showed undue defensiveness after learning of the complaint in late 2019. He referred the matter as requested to the inspector general but spent parts of leadership meetings dismissing her concerns as politically motivated, the report said.
It said former VA Deputy Secretary Jim Byrne testified that Wilkie indicated to staff he had gathered negative information from the Pentagon and Rep. Dan Crenshaw, R-Texas, who knew Goldstein when she was in the Navy, and that she had made frivolous complaints previously.
The inspector general could not conclusively confirm that Wilkie improperly investigated her, in part because of his refusal to fully cooperate. But the report said they had "substantial sworn testimony" from staff of Wilkie repeatedly belittling her. Crenshaw denies discussing the case with Wilkie.
At another point, Curt Cashour, a VA deputy assistant secretary working in the press shop, urged a news organization to dig into Goldstein's background, according to the report. Cashour denied that he was directed to do this, but told investigators the tip was based on communications he had with Wilkie about Goldstein.
"The tone set by Secretary Wilkie appears to have influenced aspects of the initial VA police investigation and the conduct of other VA employees," the report said.
Wilkie became VA secretary in 2018 after President Donald Trump fired David Shulkin amid ethics troubles and inner rebellion at the department over Shulkin's leadership.
Trump repeatedly points to an improved VA as one of his top accomplishments. "For years, you'd always see vets and how badly treated they were," he told a Georgia rally last week. "You don't see that anymore."
President-elect Joe Biden is pledging to rebuild trust in the VA and better agency relations with Congress, including boosting medical services for women veterans. On Thursday, Biden said he will nominate Denis McDonough, who served as President Barack Obama's White House chief of staff, to be VA secretary.
Goldstein filed her assault complaint in September 2019 after visiting the VA medical center for an appointment. She has told media outlets that she was buying a snack in the hospital cafeteria when an unidentified man slammed his body into hers and propositioned her. Her case was ultimately closed by the inspector general's office and Justice Department this year due to lack of enough evidence.
The VA medical center in Washington has had a history of complaints from women about harassment that were widely known by senior officials, according to the report.
William Hudson, the VA's acting general counsel, testified that after the complaint, he sought to improve the Washington facility but got no support. The report said senior officials showed "an unusual level of engagement" in the police investigation, with one officer reporting that a VA official had remarked that she "made a complaint similar to this before" and seemingly encouraged background checks on her.
If the VA had taken the complaint seriously and reviewed VA police reports, it would have learned that a female VA employee complained in May 2019 about being repeatedly sexually harassed by the same man, as well as information about the contractor's criminal history. VA officials did not examine the information, the report said.
The VA says it has strived to improve some services for women, though advocates say change has not come fast enough. A study released by the VA last year found 1 in 4 female veterans using VA health care reported inappropriate comments by male veterans on VA grounds.
Currently, about 10% of the nation's veterans are women. In the U.S. military forces, about 17% of those enlisted are women, compared with about 2% in 1973.
By HOPE YEN Associated Press


courthousenews--2020-12-11--EU Leaders Tackle Virus Recovery and Climate Change

( CN ) — Faced with a full menu of crises , European Union leaders on Thursday approved a massive coronavirus stimulus package , moved closer to agreeing to an even bigger reduction in greenhouse gases and prepared to deal with an acrimonious divorce from the United Kingdom , a precious former member now turning its back on Europe .
EU leaders met in Brussels on Thursday for a summit due to end on Friday .
They quickly dispatched with the most pressing issue on the agenda and approved a massive $ 2.2 trillion seven-year EU budget that includes about @ @ @ @ @ @ @ Europe recover from the devastating coronavirus pandemic .
The recovery package was in danger of not getting approved after Hungary and Poland objected to provisions that allowed budget and stimulus funds to be withheld from member states viewed as violating rule-of-law principles .
Both Hungary and Poland are run by right-wing nationalist governments that are accused of undermining the rule of law , squashing opposition voices , concentrating power within their hands and violating core EU values .
Faced with the prospect of losing funds , Budapest and Warsaw spent weeks threatening to @ @ @ @ @ @ @ unless the rule-of-law provisions were stripped .
Prior to the summit , German Chancellor Angela Merkel brokered a compromise that satisfied Hungary and Poland and they lifted their veto threat on Thursday .
The compromise allows the EU ’ s highest court , the European Court of Justice , to examine the legality of the rule-of-law conditions , a process that could lead to a lengthy legal battle and delay the rule-of-law mechanism from being applied any time soon .
The breakthrough was hailed by most European leaders as a stroke of clever @ @ @ @ @ @ @ most powerful politician and a leader viewed as central to EU policy making .
Germany also holds the rotating presidency of the European Council , a body representing national governments .
Supporters said the compromise does not water down the rule-of-law conditions and suggested the EU high court would quickly deal with the legal challenges to it .
“ If we don ’ t achieve this compromise we will all be losers , ” said Gitanas Nauseda , the president of Lithuania .
“ Those financial programs are of extreme importance for everyone.
@ @ @ @ @ @ @ it was pivotal to tie the recovery funds to the rule of law but he added that the money needs to start flowing to “ ensure we have the firepower to reignite and rejuvenate the European Union economy.
” Hungarian Prime Minister Viktor Orban , a controversial figure in European political circles because of his advocacy for a pro-Christian Europe founded on illiberal democracy , called the deal a “ victory of the commonsense.
” “ We are fighting for the victory of commonsense because it is obvious when our nations and so @ @ @ @ @ @ @ need because of the pandemic and because of the economic consequences of that , we have to behave reasonably , ” he said .
Still , the deal was viewed by critics as again exposing the weaknesses of EU institutions and decision making which often depends on unanimity among its 27 members .
Some critics said the authoritarian governments in Hungary and Poland came out as winners .
“ Europe under the leadership of Angela Merkel , due to retire in less than a year , had a Faustian choice to make : @ @ @ @ @ @ @ , even at the cost of delaying a necessary infusion of money , or it could get the cash flowing , but at the price of selling its soul .
Unfortunately , the EU failed the test , ” wrote Andreas Kluth , a columnist for Bloomberg .
Another big topic for EU leaders was a decision on whether to back a proposal to reduce greenhouse emissions by at least 55 % by 2030 compared to 1990 .
At present , the EU has set a goal of cutting them by 40 % @ @ @ @ @ @ @ leader in efforts to tackle climate change and its long-term budgets and plans are placing renewable energy and other climate initiatives at the center .
The EU hopes China and the United States under President-elect Joe Biden will join it in making climate change a priority .
Biden has pledged to rejoin the Paris climate agreement once he is in the White House .
President Donald Trump pulled the U.S. out of the treaty .
Prior to the summit , Charles Michel , the president of the European Council , said agreeing to @ @ @ @ @ @ @ ” “ This would be a major achievement and would underpin our claim to play a leading role in fighting climate change , ” he said in a statement .
Achieving its emissions goals will not be easy and several EU nations , including Poland and the Czech Republic , still rely heavily on coal-fired power plants .
Still , EU leaders were expected to back the ambitious emissions goals .
Hanging over the summit was the endgame to negotiations with the U.K. over a trade deal before it formally leaves the EU @ @ @ @ @ @ @ an 11-month transition period .
Talks between British Prime Minister Boris Johnson and the EU appear to be faltering .
On Thursday , Johnson warned Brits to prepare for a no-deal Brexit and the EU set in motion contingency plans to deal with that scenario , which would mean the imposition of passport and customs checks between the EU and the U.K. , tariffs and many other disruptions .
As an EU member , U.K. goods and people have been flowing across the English Channel largely freely but that will change on Jan. @ @ @ @ @ @ @ EU do not agree to a trade deal .
Courthouse News reporter Cain Burdeau is based in the European Union .

Faced with a full menu of crises, European Union leaders on Thursday approved a massive coronavirus stimulus package, moved closer to agreeing to an even bigger reduction in greenhouse gases and prepared to deal with an acrimonious divorce from the United Kingdom, a precious former member now turning its back on Europe.
(CN) — Faced with a full menu of crises, European Union leaders on Thursday approved a massive coronavirus stimulus package, moved closer to agreeing to an even bigger reduction in greenhouse gases and prepared to deal with an acrimonious divorce from the United Kingdom, a precious former member now turning its back on Europe.
EU leaders met in Brussels on Thursday for a summit due to end on Friday. They quickly dispatched with the most pressing issue on the agenda and approved a massive $2.2 trillion seven-year EU budget that includes about $910 billion in funds to help Europe recover from the devastating coronavirus pandemic.
The recovery package was in danger of not getting approved after Hungary and Poland objected to provisions that allowed budget and stimulus funds to be withheld from member states viewed as violating rule-of-law principles. Both Hungary and Poland are run by right-wing nationalist governments that are accused of undermining the rule of law, squashing opposition voices, concentrating power within their hands and violating core EU values.
Faced with the prospect of losing funds, Budapest and Warsaw spent weeks threatening to veto the budget and all-important stimulus package unless the rule-of-law provisions were stripped. Prior to the summit, German Chancellor Angela Merkel brokered a compromise that satisfied Hungary and Poland and they lifted their veto threat on Thursday.
The compromise allows the EU's highest court, the European Court of Justice, to examine the legality of the rule-of-law conditions, a process that could lead to a lengthy legal battle and delay the rule-of-law mechanism from being applied any time soon.
The breakthrough was hailed by most European leaders as a stroke of clever brokering by Merkel, Europe's most powerful politician and a leader viewed as central to EU policy making. Germany also holds the rotating presidency of the European Council, a body representing national governments.
Supporters said the compromise does not water down the rule-of-law conditions and suggested the EU high court would quickly deal with the legal challenges to it.
“If we don't achieve this compromise we will all be losers,” said Gitanas Nauseda, the president of Lithuania. “Those financial programs are of extreme importance for everyone.”
Irish Prime Minister Micheal Martin said it was pivotal to tie the recovery funds to the rule of law but he added that the money needs to start flowing to “ensure we have the firepower to reignite and rejuvenate the European Union economy.”
Hungarian Prime Minister Viktor Orban, a controversial figure in European political circles because of his advocacy for a pro-Christian Europe founded on illiberal democracy, called the deal a “victory of the commonsense.”
“We are fighting for the victory of commonsense because it is obvious when our nations and so many millions of people are in real need because of the pandemic and because of the economic consequences of that, we have to behave reasonably,” he said.
Still, the deal was viewed by critics as again exposing the weaknesses of EU institutions and decision making which often depends on unanimity among its 27 members. Some critics said the authoritarian governments in Hungary and Poland came out as winners.
“Europe under the leadership of Angela Merkel, due to retire in less than a year, had a Faustian choice to make: It could stand up for its values, even at the cost of delaying a necessary infusion of money, or it could get the cash flowing, but at the price of selling its soul. Unfortunately, the EU failed the test,” wrote Andreas Kluth, a columnist for Bloomberg.
Another big topic for EU leaders was a decision on whether to back a proposal to reduce greenhouse emissions by at least 55% by 2030 compared to 1990. At present, the EU has set a goal of cutting them by 40%. The EU sees itself as a leader in efforts to tackle climate change and its long-term budgets and plans are placing renewable energy and other climate initiatives at the center.
The EU hopes China and the United States under President-elect Joe Biden will join it in making climate change a priority. Biden has pledged to rejoin the Paris climate agreement once he is in the White House. President Donald Trump pulled the U.S. out of the treaty.
Prior to the summit, Charles Michel, the president of the European Council, said agreeing to that goal was “within our grasp.”
“This would be a major achievement and would underpin our claim to play a leading role in fighting climate change,” he said in a statement.
Achieving its emissions goals will not be easy and several EU nations, including Poland and the Czech Republic, still rely heavily on coal-fired power plants. Still, EU leaders were expected to back the ambitious emissions goals.
Hanging over the summit was the endgame to negotiations with the U.K. over a trade deal before it formally leaves the EU on Jan. 1 at the end of an 11-month transition period.
Talks between British Prime Minister Boris Johnson and the EU appear to be faltering. On Thursday, Johnson warned Brits to prepare for a no-deal Brexit and the EU set in motion contingency plans to deal with that scenario, which would mean the imposition of passport and customs checks between the EU and the U.K., tariffs and many other disruptions.
As an EU member, U.K. goods and people have been flowing across the English Channel largely freely but that will change on Jan. 1, especially if the U.K. and EU do not agree to a trade deal.
Courthouse News reporter Cain Burdeau is based in the European Union.


courthousenews--2020-12-11--Trump Opens Up Bidding for Oil and Gas Leases in California

( CN ) — The Trump administration opened bidding for gas and oil drilling leases on California public land Thursday , putting 4,000 acres of resources up for sale in the first auction of its kind in eight years .
President Donald Trump has long planned to open the Golden State ’ s public lands and federal mineral estates to oil drilling and fracking operations , and his administration hatched designs for over 1.7 million acres of such territory in the Central Valley .
This past August , the U.S. Bureau of Land Management signaled an impending sale when it @ @ @ @ @ @ @ lands in Kern County .
The federal government has not issued new drilling leases in the state since 2012 .
A host of lawsuits by conservation groups have challenged the government ’ s process for reviewing the environmental impact of any proposed leases .
The BLM announcement in August sparked opposition from conservationists , public health experts and community groups who said future energy projects could imperil critical wildlife habitat such as the nearby Carrizo Plain National Monument and Wind Wolves Preserve .
Kern County is already disproportionately harmed by high levels of @ @ @ @ @ @ @ lease sales would only exacerbate and perpetuate “ environmental racism , ” the groups said in a Sept. 25 letter to BLM Bakersfield Field Office Manager Gabriel Garcia .
“ These harms are compounded by Covid-19 which attacks respiratory health , ” the groups said in the letter .
“ The disproportionate pollution of frontline communities is an example of environmental injustice that new , nearby lease sales will only exacerbate.
” Further , the continued sale of publicly owned oil and gas rights would severely disrupt California ’ s clean energy goals @ @ @ @ @ @ @ have experienced the full force of the climate emergency this summer , through unprecedented heat waves and fires that have been greatly intensified by the warming climate , ” the letter said .
“ Fossil fuel extraction and use is by far the largest driver of climate change , responsible for three quarters of all greenhouse gas emissions.
” Bidding on the public lands opened at 8 a.m. Thursday and closed at 9 a.m .
In a statement , Cesar Aguirre , a community organizer with the Central California Environmental Justice Network , @ @ @ @ @ @ @ “ My community is sick and tired of being sickened by the oil and gas industry , ” Aguirre said .
“ This auction represents more of the environmental racism that ’ s turned communities like mine into expendable sacrifice zones.
” Central Valley gerontologist and activist Rosanna Esparza echoed the sentiment , saying in a statement the new oil leases would result in poor health for people in the region .
“ Disparities in health status and access to healthcare are pervasive but often invisible in communities of color , ” Esparza @ @ @ @ @ @ @ however , is that the wholesale auction of public lands to oil and gas development will surely impact health outcomes for these same communities for generations to come.
” A BLM spokesperson did not immediately respond to a request for comment on the auction .
Studies have shown that the chemicals used in hydraulic fracking can contaminate groundwater and increase air pollution .
A 2019 U.S. Geological Survey study showed oil and gas development in Kern County has contaminated underground water sources with benzene , ethylbenzene and xylene .
Kassie Siegel of the @ @ @ @ @ @ @ looks forward to holding President-elect Joe Biden accountable on his pledge to ban new oil and gas leasing on federal public lands and waters .
“ As we close out a year of record-breaking fires and scorching temperatures , Trump wants to burn it all down on his way out the door , ” said Siegel , who directs the center ’ s Climate Law Institute .
“ We look forward to working with President-elect Biden to revoke these illegal leases and make good on his pledge to protect our climate by banning @ @ @ @ @ @ @ lands.
” The Golden State is already one of the nation ’ s largest oil and gas producing states with nearly 8,000 oil and gas wells .
The federal government controls over 45 % of California ’ s total acreage , or more than 40 million acres .
Trump ’ s energy policy conflicts in many ways with California ’ s goal of sourcing 100 % of its energy from clean , renewable sources by 2045 .
The proposed auctioning of lands for gas and oil leases set up a 2018 showdown in @ @ @ @ @ @ @ California law allowing the state to freeze certain sales of federal land to private buyers .
Senate Bill 50 was eventually nixed by a federal judge who found it intrusive and unconstitutional .

The Trump administration opened bidding for gas and oil drilling leases on California public land Thursday, putting 4,000 acres of resources up for sale in the first auction of its kind in eight years.
(CN) — The Trump administration opened bidding for gas and oil drilling leases on California public land Thursday, putting 4,000 acres of resources up for sale in the first auction of its kind in eight years.
President Donald Trump has long planned to open the Golden State’s public lands and federal mineral estates to oil drilling and fracking operations, and his administration hatched designs for over 1.7 million acres of such territory in the Central Valley.
This past August, the U.S. Bureau of Land Management signaled an impending sale when it announced it would open bidding on federal lands in Kern County.
The federal government has not issued new drilling leases in the state since 2012. A host of lawsuits by conservation groups have challenged the government’s process for reviewing the environmental impact of any proposed leases.
The BLM announcement in August sparked opposition from conservationists, public health experts and community groups who said future energy projects could imperil critical wildlife habitat such as the nearby Carrizo Plain National Monument and Wind Wolves Preserve.
Kern County is already disproportionately harmed by high levels of air and water pollution and the new lease sales would only exacerbate and perpetuate “environmental racism,” the groups said in a Sept. 25 letter to BLM Bakersfield Field Office Manager Gabriel Garcia.
“These harms are compounded by Covid-19 which attacks respiratory health,” the groups said in the letter. “The disproportionate pollution of frontline communities is an example of environmental injustice that new, nearby lease sales will only exacerbate.”
Further, the continued sale of publicly owned oil and gas rights would severely disrupt California’s clean energy goals, the groups wrote.
“Californians have experienced the full force of the climate emergency this summer, through unprecedented heat waves and fires that have been greatly intensified by the warming climate,” the letter said. “Fossil fuel extraction and use is by far the largest driver of climate change, responsible for three quarters of all greenhouse gas emissions.”
Bidding on the public lands opened at 8 a.m. Thursday and closed at 9 a.m.
In a statement, Cesar Aguirre, a community organizer with the Central California Environmental Justice Network, expressed his frustration with the auction.
“My community is sick and tired of being sickened by the oil and gas industry,” Aguirre said. “This auction represents more of the environmental racism that’s turned communities like mine into expendable sacrifice zones.”
Central Valley gerontologist and activist Rosanna Esparza echoed the sentiment, saying in a statement the new oil leases would result in poor health for people in the region.
“Disparities in health status and access to healthcare are pervasive but often invisible in communities of color,” Esparza said. “What is clear, however, is that the wholesale auction of public lands to oil and gas development will surely impact health outcomes for these same communities for generations to come.”
A BLM spokesperson did not immediately respond to a request for comment on the auction.
Studies have shown that the chemicals used in hydraulic fracking can contaminate groundwater and increase air pollution.
A 2019 U.S. Geological Survey study showed oil and gas development in Kern County has contaminated underground water sources with benzene, ethylbenzene and xylene.
Kassie Siegel of the Center for Biological Diversity said Thursday she looks forward to holding President-elect Joe Biden accountable on his pledge to ban new oil and gas leasing on federal public lands and waters.
“As we close out a year of record-breaking fires and scorching temperatures, Trump wants to burn it all down on his way out the door,” said Siegel, who directs the center’s Climate Law Institute. “We look forward to working with President-elect Biden to revoke these illegal leases and make good on his pledge to protect our climate by banning new oil and gas leasing on federal lands.”
The Golden State is already one of the nation’s largest oil and gas producing states with nearly 8,000 oil and gas wells. The federal government controls over 45% of California’s total acreage, or more than 40 million acres.
Trump’s energy policy conflicts in many ways with California’s goal of sourcing 100% of its energy from clean, renewable sources by 2045.
The proposed auctioning of lands for gas and oil leases set up a 2018 showdown in federal court over a challenge to a California law allowing the state to freeze certain sales of federal land to private buyers. Senate Bill 50 was eventually nixed by a federal judge who found it intrusive and unconstitutional.