courthousenews--2020-11-12--Trump Loses Libel Case Over CNN Op-Ed on Mueller Report

ATLANTA ( CN ) — The Trump campaign ’ s libel lawsuit against CNN over an opinion article about Russian election interference was thrown out Thursday by a federal judge who found the campaign did not prove the network knowingly disregarded the truth .
The lawsuit filed in Atlanta federal court in March is centered on an op-ed written by CNN contributor Larry Noble last year .
Referring to former special counsel Robert Mueller ’ s report on Russian interference in the 2016 U.S. presidential election , Noble wrote : “ The Trump campaign assessed the potential risks and benefits @ @ @ @ @ @ @ in 2020 and has decided to leave that option on the table.
” Suing various CNN entities , the president ’ s campaign claims Noble ’ s statement was “ defamatory and false , and at the time of publication , defendants knew it was false.
” In an 18-page ruling issued Thursday , U.S. District Judge Michael L. Brown wrote that the Trump campaign ’ s “ analysis of legal authority contains several errors.
” Georgia abides by the doctrine of lex loci delicti , “ which provides that a tort action @ @ @ @ @ @ @ state where the tort was committed , ” according to the ruling .
The Trump campaign contended that the publication of the op-ed occurred in Atlanta , where CNN is headquartered .
Pointing out that the campaign ’ s place of incorporation is in Virginia and most of its operations are based in New York , Brown decided to apply New York law to the libel claim .
The judge , citing the Second Circuit ’ s ruling in Palin v. New York Times , said that a public figure like Trump “ @ @ @ @ @ @ @ libelous statement was made with actual malice , that is , made ‘ with knowledge that it was false or with reckless disregard of whether it was false or not.
’ ” Under New York law , “ only statements of fact—as opposed to statements of opinion—can be actionable ” as defamation , Brown wrote , and courts should make a ruling “ based on what the average person hearing or reading the communication would take it to mean.
” Brown , a Trump appointee , rejected CNN ’ s argument that Noble @ @ @ @ @ @ @ not reasonably be understood as an assertion of provably false facts .
“ A reasonable reader could readily understand the first part as alleging a weighing of the risks and benefits , ” the ruling states .
“ It has a precise meaning.
” The judge also disagreed with CNN ’ s contention that the “ left on the table ” portion of the statement is “ couched in figurative , imprecise language , and thus is not actionable under New York law.
” “ While ‘ left on the table ’ is @ @ @ @ @ @ @ language , ” Brown wrote .
“ A reasonable reader could readily understand it to mean ‘ available for consideration.
’ ” But the judge sided with CNN on a third factor , noting the disclaimer at the top of Noble ’ s op-ed clearly stated it was an opinion piece .
Paragraphs before and after the statement at issue also contain “ softening language which signals to readers that they are not reading a factual account , ” Brown wrote .
Words like “ versions ” and “ imagined ” are used @ @ @ @ @ @ @ the word “ may ” appears in each sentence before the statement on 2020 interference , and the following paragraph uses the phrase “ let ’ s hope.
” “ Both phrases signal that Mr. Noble is expressing his opinion , ” the ruling states .
Trump ’ s campaign had also alleged Noble had a “ record of malice and bias against the president ” based on previous articles and a tweet that said , “ Trump cheats and lies , and when caught , lies again and claims the right to @ @ @ @ @ @ @ as victories , takes credit for anyone ’ s success and blames his failures on others.
” But Brown found that CNN succeeded in proving the statement at issue was not made with actual malice .
“ The tweet might show Mr. Noble ’ s ill will towards the president , but it fails to plead actual malice in the constitutional sense – that is , does not show Mr. Noble made the statement with knowledge that it was false or with reckless disregard of whether it was false , ” the judge @ @ @ @ @ @ @ did not immediately respond to requests for comment .

The Trump campaign’s libel lawsuit against CNN over an opinion article about Russian election interference was thrown out Thursday by a federal judge who found the campaign did not prove the network knowingly disregarded the truth.
ATLANTA (CN) — The Trump campaign’s libel lawsuit against CNN over an opinion article about Russian election interference was thrown out Thursday by a federal judge who found the campaign did not prove the network knowingly disregarded the truth.
The lawsuit filed in Atlanta federal court in March is centered on an op-ed written by CNN contributor Larry Noble last year. Referring to former special counsel Robert Mueller’s report on Russian interference in the 2016 U.S. presidential election, Noble wrote: “The Trump campaign assessed the potential risks and benefits of again seeking Russia’s help in 2020 and has decided to leave that option on the table.”
Suing various CNN entities, the president’s campaign claims Noble’s statement was “defamatory and false, and at the time of publication, defendants knew it was false.”
In an 18-page ruling issued Thursday, U.S. District Judge Michael L. Brown wrote that the Trump campaign’s “analysis of legal authority contains several errors.”
Georgia abides by the doctrine of lex loci delicti, “which provides that a tort action is governed by substantive law of the state where the tort was committed,” according to the ruling. The Trump campaign contended that the publication of the op-ed occurred in Atlanta, where CNN is headquartered.
Pointing out that the campaign’s place of incorporation is in Virginia and most of its operations are based in New York, Brown decided to apply New York law to the libel claim.
The judge, citing the Second Circuit’s ruling in Palin v. New York Times, said that a public figure like Trump “must also prove that ‘an allegedly libelous statement was made with actual malice, that is, made ‘with knowledge that it was false or with reckless disregard of whether it was false or not.’”
Under New York law, “only statements of fact—as opposed to statements of opinion—can be actionable” as defamation, Brown wrote, and courts should make a ruling “based on what the average person hearing or reading the communication would take it to mean.”
Brown, a Trump appointee, rejected CNN’s argument that Noble’s sentence about 2020 interference cannot reasonably be understood as an assertion of provably false facts.
“A reasonable reader could readily understand the first part as alleging a weighing of the risks and benefits,” the ruling states. “It has a precise meaning.”
The judge also disagreed with CNN’s contention that the “left on the table” portion of the statement is “couched in figurative, imprecise language, and thus is not actionable under New York law.”
“While ‘left on the table’ is figurative language, it is also precise language,” Brown wrote. “A reasonable reader could readily understand it to mean ‘available for consideration.’”
But the judge sided with CNN on a third factor, noting the disclaimer at the top of Noble’s op-ed clearly stated it was an opinion piece. Paragraphs before and after the statement at issue also contain “softening language which signals to readers that they are not reading a factual account,” Brown wrote.
Words like “versions” and “imagined” are used throughout the piece. In addition, the word “may” appears in each sentence before the statement on 2020 interference, and the following paragraph uses the phrase “let’s hope.”
“Both phrases signal that Mr. Noble is expressing his opinion,” the ruling states.
Trump’s campaign had also alleged Noble had a “record of malice and bias against the president” based on previous articles and a tweet that said, “Trump cheats and lies, and when caught, lies again and claims the right to make the rules. He claims defeats as victories, takes credit for anyone’s success and blames his failures on others.”
But Brown found that CNN succeeded in proving the statement at issue was not made with actual malice.
“The tweet might show Mr. Noble’s ill will towards the president, but it fails to plead actual malice in the constitutional sense – that is, does not show Mr. Noble made the statement with knowledge that it was false or with reckless disregard of whether it was false,” the judge wrote.
The Trump campaign and CNN did not immediately respond to requests for comment.


courthousenews--2020-11-12--Democrats of All Stripes Clamor Over Who Should Replace Harris in US Senate

California Governor Gavin Newsom will appoint Vice President-elect Kamala Harris ’ successor to the U.S. Senate .
Who he will select among the very large tent of California Democrats is anyone ’ s guess .
SACRAMENTO , Calif. ( CN ) — Thrust into the spotlight by the momentous election of a woman as vice president of the United States , first-term Governor Gavin Newsom suddenly holds a dominating grasp over the future of California politics .
Three Democrats — all women — have represented California in the U.S. Senate since 1993 , making the seats arguably the most coveted @ @ @ @ @ @ @ of 40 million .
With the imminent promotion of Vice President-elect Kamala Harris in January , Newsom is the first California governor with the opportunity to appoint a senator in nearly 30 years , and the “ cattle call ” of candidates is already emerging .
While Newsom maintains he ’ s more focused on fighting Covid-19 than replacing Harris , the potentially historic implications of the decision are overshadowing the attempt at political correctness .
Newsom has a prime opportunity to appoint someone from various underrepresented communities : As diverse as California @ @ @ @ @ @ @ ’ s 170-year history is filled with almost exclusively white senators .
With the departure of the state ’ s first Black senator , the white governor may select a Black Californian to complete Harris ’ term .
Or Newsom could acknowledge the glaring lack of representation from the state ’ s largest racial group and appoint California ’ s first Latino senator .
He could also send a trailblazing LGBT Californian to the Senate .
The selection will certainly be a Democrat considering Newsom ’ s progressive leanings , not to mention @ @ @ @ @ @ @ in the Golden State where it hasn ’ t won a statewide election since 2006 .
It ’ s also highly possible Newsom ’ s choice will be able to hold the seat for decades , as current Senator Dianne Feinstein has and Barbara Boxer — Harris ’ predecessor — did until her retirement .
With two months until the inauguration of President-elect Joe Biden , experts and predict Newsom will comb California ’ s deep bench of current Democratic elected officials for the state ’ s next U.S. senator and forgo a @ @ @ @ @ @ @ options at his disposal , from Secretary of State Alex Padilla to U.S. Representative Karen Bass , it ’ s far from a clear-cut choice for Newsom .
“ A lot of people would like to see another African American or Asian American candidate , while others want to see a historic change with a Latino or LGBT senator , ” said Christian Grose , who teaches public policy and political science at the University of Southern California .
“ It makes Newsom ’ s choice hard when he thinks about the different @ @ @ @ @ @ @ to the election , Grose and USC researchers asked registered voters about the potential filling of California ’ s junior Senate seat and found they want a “ fresh and new voice.
” Nearly half of respondents in the poll conducted by the USC Schwarzenegger Institute said they preferred someone with no experience in Congress or the Legislature and 77 % want a senator who will “ chart their own course and distinguish themselves ” from Feinstein , who ’ s held her seat since 1992 .
When asked their preference among seven @ @ @ @ @ @ @ ’ t produce a clear favorite .
San Francisco Bay Area congresswoman Barbara Lee received the most support ( 11 % ) followed by Ro Khanna , another member of Congress from the Bay Area ( 8 % ) , Padilla ( 8 % ) , Bass ( 7 % ) , Long Beach Mayor Robert Garcia ( 6 % ) , state Senate President Toni Atkins ( 3 % ) and Oakland Mayor Libby Schaaf ( 2 % ) .
After being provided short biographies and asked whether they would support or @ @ @ @ @ @ @ most support with 57 % , followed closely by Bass ( 53 % ) , Padilla ( 53 % ) and Lee ( 51 % ) .
The poll also gives insight into whether Californians want Newsom to make a splash with the appointment .
While just over half responded that Newsom making a “ historic first ” didn ’ t matter , 31 % of those who said it did matter want a Latino and 24 % are hoping for a LGBT senator .
Grose says there ’ s no doubt Newsom @ @ @ @ @ @ @ for the various groups and noted his penchant for making timely , savvy decisions .
In 2004 , as the new mayor of San Francisco , Newsom issued wedding licenses to same-sex couples , stunning Californians on both sides of the political aisle .
The decision came during a nationwide debate on whether to legalize gay marriage and helped lay the foundation for Newsom ’ s rise in the state Democratic party .
If Newsom decides to go a similar route — last month he appointed the first openly gay man in Martin @ @ @ @ @ @ @ both Garcia and Atkins would be prime LGBT candidates .
Other names not included in the poll but pinned by analysts as potential picks include Attorney General Xavier Becerra , San Francisco Mayor London Breed and Southern California congresswoman Katie Porter .
Newsom stands to make more political hay with the right pick , but the situation remains thorny , Grose added .
“ It ’ s a real reward he can give to somebody , ” said Grose .
“ But I do think it ’ s risky because he ’ s @ @ @ @ @ @ @ ; that means a bunch of other allies won ’ t get it.
” There are other factors in play for Newsom , such as electability .
Jim Newton , author and professor at UCLA ’ s Luskin School of Public Affairs , says Newsom must decide whether he wants a placeholder to fill out the last two years of Harris ’ term or someone better fit to defend the seat going forward .
He speculated that Padilla may be at the top of Newsom ’ s fledgling list , noting the two @ @ @ @ @ @ @ hold state office .
“ It ’ s a big , coveted , popular job , ” Newton said .
“ I think it would be attractive for him to put a Latino in that seat.
” Along with Padilla , Newton says other possibilities include Los Angeles Mayor Eric Garcetti and LA-area congressman Adam Schiff .
If the governor desires experience and prefers someone who probably wouldn ’ t seek re-election in 2022 , Newton says former Governor Jerry Brown would be a great fit .
“ [ Newsom ’ s ] @ @ @ @ @ @ @ and he would obviously be popular , ” Newton said of the possibility of Newsom appointing his predecessor .
“ He would be the only person I ’ d put on the list of likely contenders if what Newsom is looking for is someone to fill out this term.
” Newton , who recently completed a biography titled “ Jerry Brown and the Creation of Modern California , ” acknowledged the scenario is improbable and that he hadn ’ t talked about it with Brown .
Speculation has been swirling since Biden tapped @ @ @ @ @ @ @ , but thus far Newsom has been careful not to name names .
That doesn ’ t mean the ongoing lobbying sweepstakes hasn ’ t been intense , however .
“ People just happen to show up certain places .
They want to babysit your kids , they offer to get groceries , get coffee , ” Newsom joked with reporters recently .
The last California governor to appoint a senator was Pete Wilson , who replaced himself with John Seymour in 1991 .
Seymour proceeded to lose his seat to Feinstein , @ @ @ @ @ @ @ state history .
Even with pressure mounting in wake of Biden ’ s election , Newsom claimed this week that he ’ s in no rush to announce Harris ’ replacement .
Newsom said he ’ s working through a “ cattle call ” of considerations to figure out the right profile for the pick and hinted he will consult the vice president-elect herself on the critical , potentially historic appointment .
“ I want to make sure it ’ s inclusive , I want to make sure that we are considerate of @ @ @ @ @ @ @ are in the middle of that as we speak , ” Newsom told reporters .

California Governor Gavin Newsom will appoint Vice President-elect Kamala Harris' successor to the U.S. Senate. Who he will select among the very large tent of California Democrats is anyone's guess.
SACRAMENTO, Calif. (CN) — Thrust into the spotlight by the momentous election of a woman as vice president of the United States, first-term Governor Gavin Newsom suddenly holds a dominating grasp over the future of California politics.
Three Democrats — all women — have represented California in the U.S. Senate since 1993, making the seats arguably the most coveted and hardest to attain in the state of 40 million. With the imminent promotion of Vice President-elect Kamala Harris in January, Newsom is the first California governor with the opportunity to appoint a senator in nearly 30 years, and the “cattle call” of candidates is already emerging.
While Newsom maintains he’s more focused on fighting Covid-19 than replacing Harris, the potentially historic implications of the decision are overshadowing the attempt at political correctness.
Newsom has a prime opportunity to appoint someone from various underrepresented communities: As diverse as California’s population is, the state’s 170-year history is filled with almost exclusively white senators.
With the departure of the state’s first Black senator, the white governor may select a Black Californian to complete Harris’ term. Or Newsom could acknowledge the glaring lack of representation from the state’s largest racial group and appoint California’s first Latino senator. He could also send a trailblazing LGBT Californian to the Senate.
The selection will certainly be a Democrat considering Newsom’s progressive leanings, not to mention the Republican Party’s dwindling presence in the Golden State where it hasn’t won a statewide election since 2006. It’s also highly possible Newsom’s choice will be able to hold the seat for decades, as current Senator Dianne Feinstein has and Barbara Boxer — Harris’ predecessor — did until her retirement.
With two months until the inauguration of President-elect Joe Biden, experts and predict Newsom will comb California’s deep bench of current Democratic elected officials for the state’s next U.S. senator and forgo a special election.
Despite the breadth of options at his disposal, from Secretary of State Alex Padilla to U.S. Representative Karen Bass, it’s far from a clear-cut choice for Newsom.
“A lot of people would like to see another African American or Asian American candidate, while others want to see a historic change with a Latino or LGBT senator,” said Christian Grose, who teaches public policy and political science at the University of Southern California. “It makes Newsom’s choice hard when he thinks about the different identity characteristics in play.”
Just prior to the election, Grose and USC researchers asked registered voters about the potential filling of California’s junior Senate seat and found they want a “fresh and new voice.”
Nearly half of respondents in the poll conducted by the USC Schwarzenegger Institute said they preferred someone with no experience in Congress or the Legislature and 77% want a senator who will “chart their own course and distinguish themselves” from Feinstein, who’s held her seat since 1992.
When asked their preference among seven potential candidates, the 1,100 voters didn’t produce a clear favorite. San Francisco Bay Area congresswoman Barbara Lee received the most support (11%) followed by Ro Khanna, another member of Congress from the Bay Area (8%), Padilla (8%), Bass (7%), Long Beach Mayor Robert Garcia (6%), state Senate President Toni Atkins (3%) and Oakland Mayor Libby Schaaf (2%). After being provided short biographies and asked whether they would support or oppose each person, Garcia garnered the most support with 57%, followed closely by Bass (53%), Padilla (53%) and Lee (51%).
The poll also gives insight into whether Californians want Newsom to make a splash with the appointment.
While just over half responded that Newsom making a “historic first” didn’t matter, 31% of those who said it did matter want a Latino and 24% are hoping for a LGBT senator.


Mask Speech

BALTIMORE — A federal court in Maryland declined to reconsider a woman ’ s suit challenging Governor Larry Hogan ’ @ @ @ @ @ to be worn in retail and food establishments and public transportation .
The woman claimed @ @ @ @ @ to free speech “ by literally blocking ” her ability to speak clearly while wearing @ @ @

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.


El Paso Lockdown

EL PASO , Texas — An appeals court in Texas temporarily blocked El Paso County Judge Ricardo Samaniego ’ s @ @ @ @ @ ruling on the merits of the case against the order , brought by the state @ @ @ @ @ expected to be issued Friday .


Brad Pitt

SHERMAN , Texas — A federal court in Texas dismissed a woman ’ s contract and fraud claims against Brad @ @ @ @ @ .
The woman , who says she had a “ romantic ” relationship with the @ @ @ @ @ with him , claims he did not appear at certain fundraising events she organized despite @ @ @ @ @ .
Pitt says he never had any contact with the woman and never received payments @ @ @ @ @ was dismissed for lack of jurisdiction .

A federal court in Texas dismissed a woman’s contract and fraud claims against Brad Pitt and his nonprofit entities. The woman, who says she had a “romantic” relationship with the actor and even discussed marriage with him, claims he did not appear at certain fundraising events she organized despite receiving payments to do so. Pitt says he never had any contact with the woman and never received payments from her.
SHERMAN, Texas — A federal court in Texas dismissed a woman’s contract and fraud claims against Brad Pitt and his nonprofit entities. The woman, who says she had a “romantic” relationship with the actor and even discussed marriage with him, claims he did not appear at certain fundraising events she organized despite receiving payments to do so. Pitt says he never had any contact with the woman and never received payments from her.
The suit was dismissed for lack of jurisdiction.


Immigrant Detainees

SAN DIEGO — A federal court in California denied a request to establish a dispute resolution process for medically vulnerable @ @ @ @ @ Enforcement custody at the Otay Mesa Detention Center .
The facility is accepting new immigrant @ @ @ @ @ have tested positive for Covid-19 , but the warden says the new detainees are quarantined @ @ @ @ @ the medically vulnerable individuals .


PG&E Reorganization

SAN FRANCISCO — A federal court in California dismissed two appeals challenging a bankruptcy court ’ s order confirming PG @ @ @ @ @ plan , finding any ruling in favor of the appeals would “ result in chaos @ @ @ @ @ of fire victims who have relied on the plan , which included a $ 13.5 @ @ @ @ @ for a trust to benefit them .


courthousenews--2020-11-13--Top Officials: Nov. 3 Election Most Secure in US History

WASHINGTON ( AP ) — A coalition of federal and state officials said Thursday that they have no evidence that votes were compromised or altered in last week ’ s presidential election , rejecting unsubstantiated claims of widespread fraud advanced by President Donald Trump and many of his supporters .
The statement from cybersecurity experts , which trumpeted the Nov. 3 election as the most secure in American history , amounted to the most direct repudiation to date of Trump ’ s efforts to undermine the integrity of the contest .
It echoed repeated assertions by election experts and state @ @ @ @ @ @ @ election unfolded smoothly without broad irregularities .
“ While we know there are many unfounded claims and opportunities for misinformation about the process of our elections , we can assure you we have the utmost confidence in the security and integrity of our elections , and you should too , ” the statement said .
“ When you have questions , turn to elections officials as trusted voices as they administer elections.
” The statement was distributed by the Cybersecurity and Infrastructure Security Agency , which spearheaded federal election protection efforts .
It @ @ @ @ @ @ @ director , Chris Krebs , who just hours earlier had been the subject of a Reuters story that said he had told associates he expected to be fired by Trump .
Krebs has been vocal on Twitter in repeatedly reassuring Americans that the election was secure and that their votes would be counted .
“ America , we have confidence in the security of your vote , you should , too , ” he wrote .
The officials who signed the statement said they had no evidence that any voting system had deleted @ @ @ @ @ @ @ , or was in any way compromised .
They said all of the states with close results have paper records , which allows for the recounting of each ballot , if necessary , and for “ the identification and correction of any mistakes or errors.
” “ The November 3rd election was the most secure in American history .
Right now , across the country , election officials are reviewing and double checking the entire election process prior to finalizing the result , ” the statement said .
The message is in stark @ @ @ @ @ @ @ of fraud and widespread problems that he insists could affect vote totals .
The issues Trump ’ s campaign and its allies have pointed to are typical in every election : problems with signatures , secrecy envelopes and postmarks on mail-in ballots , as well as the potential for a small number of ballots miscast or lost .
With Democrat Joe Biden leading Trump by wide margins in key battleground states , none of those issues would have any impact on the outcome of the election .
Trump ’ s campaign has also @ @ @ @ @ @ @ watchers were unable to scrutinize the voting process .
Many of those challenges have been tossed out by judges , some within hours of their filing ; again , none of the complaints show any evidence that the outcome of the election was affected .
The statement ’ s authors include the presidents of the National Association of State Election Directors and the National Association of Secretaries of State — who run elections at the state level — and the executive committee of the government-industry coordinating council that includes all the major voting @ @ @ @ @ @ @ FRANK BAJAK Associated Press

A coalition of federal and state officials said Thursday that they have no evidence that votes were compromised or altered in last week's presidential election, rejecting unsubstantiated claims of widespread fraud advanced by President Donald Trump and many of his supporters.
WASHINGTON (AP) — A coalition of federal and state officials said Thursday that they have no evidence that votes were compromised or altered in last week's presidential election, rejecting unsubstantiated claims of widespread fraud advanced by President Donald Trump and many of his supporters.
The statement from cybersecurity experts, which trumpeted the Nov. 3 election as the most secure in American history, amounted to the most direct repudiation to date of Trump's efforts to undermine the integrity of the contest. It echoed repeated assertions by election experts and state officials over the last week that the election unfolded smoothly without broad irregularities.
“While we know there are many unfounded claims and opportunities for misinformation about the process of our elections, we can assure you we have the utmost confidence in the security and integrity of our elections, and you should too," the statement said. "When you have questions, turn to elections officials as trusted voices as they administer elections.”
The statement was distributed by the Cybersecurity and Infrastructure Security Agency, which spearheaded federal election protection efforts. It was tweeted by the agency's director, Chris Krebs, who just hours earlier had been the subject of a Reuters story that said he had told associates he expected to be fired by Trump. Krebs has been vocal on Twitter in repeatedly reassuring Americans that the election was secure and that their votes would be counted.
“America, we have confidence in the security of your vote, you should, too,” he wrote.
The officials who signed the statement said they had no evidence that any voting system had deleted or lost votes, had changed votes, or was in any way compromised. They said all of the states with close results have paper records, which allows for the recounting of each ballot, if necessary, and for “the identification and correction of any mistakes or errors.”
“The November 3rd election was the most secure in American history. Right now, across the country, election officials are reviewing and double checking the entire election process prior to finalizing the result," the statement said.
The message is in stark contrast to Trump's unsupported claims of fraud and widespread problems that he insists could affect vote totals.
The issues Trump’s campaign and its allies have pointed to are typical in every election: problems with signatures, secrecy envelopes and postmarks on mail-in ballots, as well as the potential for a small number of ballots miscast or lost. With Democrat Joe Biden leading Trump by wide margins in key battleground states, none of those issues would have any impact on the outcome of the election.
Trump’s campaign has also launched legal challenges complaining that their poll watchers were unable to scrutinize the voting process. Many of those challenges have been tossed out by judges, some within hours of their filing; again, none of the complaints show any evidence that the outcome of the election was affected.
The statement's authors include the presidents of the National Association of State Election Directors and the National Association of Secretaries of State — who run elections at the state level — and the executive committee of the government-industry coordinating council that includes all the major voting equipment vendors.
By ERIC TUCKER and FRANK BAJAK Associated Press


courthousenews--2020-11-13--Prosecutor: Shooter in Ahmaud Arbery Slaying Sent Racist Text Messages

ATLANTA ( CN ) — One of the three white men charged with murdering Black jogger Ahmaud Arbery exchanged racist text messages and made racist social media posts in the months before Arbery ’ s death , a Georgia prosecutor revealed during a bond hearing Thursday .
The messages came to light during arguments in a hearing to grant bond to Travis McMichael and his father , retired police detective Gregory McMichael .
The McMichaels and another man , William “ Roddie ” Bryan are charged with malice and felony murder for the Feb. 23 shooting death of 25-year-old Arbery @ @ @ @ @ @ @ on his phone , was denied bond in July .
The McMichaels were not arrested until May 7 , after cellphone video of the shooting recorded by Bryan leaked and went viral .
The father and son have pleaded not guilty to the crimes .
Arbery was jogging in a neighborhood just outside Brunswick , Georgia , when Travis and Gregory McMichael confronted him with guns .
The two men chased an unarmed Arbery in a white pick-up truck , claiming later that they thought he had committed a burglary .
A struggle @ @ @ @ @ @ @ who was carrying a shotgun .
Arbery was shot three times and died at the scene .
The McMichaels attended the seven-hour hearing via video conference , listening as attorneys in the courtroom argued that neither man is a flight risk and denied that racism motivated the shooting .
Defense attorneys instead pushed the theory that the McMichaels had reason to believe that Arbery could have been responsible for thefts in the area .
“ We have substantial evidence on that particular day Mr. Arbery was not a jogger .
He was there @ @ @ @ @ @ @ , an attorney representing Travis McMichael , argued .
Rubin , however , did not provide evidence demonstrating any wrongdoing by Arbery on the day of the shooting .
Exhibits entered into evidence during the hearing indicate that the prosecution plans to counter with arguments about the McMichaels ’ racial prejudice .
The exhibits include Facebook posts threatening action over recent crime in the McMichaels ’ neighborhood and a racist text message sent by Travis to his best friend Zachary Langford .
In a text message exchange between Travis and Langford , prosecutor @ @ @ @ @ @ @ referring to shooting “ a crackhead coon with gold teeth.
” Langford at first said he did not recall receiving the message .
After reviewing a copy of the exchange , he said Travis was “ talking about a raccoon.
” Evans also said Travis McMichael commented on an October 2019 Facebook photo : “ Sayonara , you slanty-eyed fucks.
” Langford said Travis was a jokester who had at least one Black friend .
He also testified that Travis “ felt remorse ” after the shooting and had some trouble sleeping afterward @ @ @ @ @ @ @ what happened , ” Langford said .
Ashley Langford , Zachary Langford ’ s wife and another close friend of Travis McMichael , said Travis told her he wished the shooting “ never happened like that.
” She said Travis “ prayed for Ahmaud ’ s mother and his family daily.
” During a preliminary hearing in the case , GBI special agent Richard Dial testified that Bryan overheard Travis McMichael calling Arbery a “ fucking nigger ” as he stood over the dying man .
Cooper-Jones said the McMichaels “ are as @ @ @ @ @ @ @ 23.
” “ No matter how [ Ahmaud ] maneuvered , no matter how fast he ran , or how quickly he turned , these men refused to let him go home .
They should not go home now to prepare for their defense , to enjoy their children and grandchildren and to be embraced by the community , ” she said .
Lee Merritt , an attorney representing Cooper-Jones , told reporters he does not believe bond is “ appropriate ” in this case .
Chatham County Superior Court Judge Timothy Walmsley @ @ @ @ @ @ @ McMichaels ’ bond motions Thursday .
The proceedings will resume Friday morning .

One of the three white men charged with murdering Black jogger Ahmaud Arbery exchanged racist text messages and made racist social media posts in the months before Arbery’s death, a Georgia prosecutor revealed during a bond hearing Thursday.
ATLANTA (CN) — One of the three white men charged with murdering Black jogger Ahmaud Arbery exchanged racist text messages and made racist social media posts in the months before Arbery’s death, a Georgia prosecutor revealed during a bond hearing Thursday.
The messages came to light during arguments in a hearing to grant bond to Travis McMichael and his father, retired police detective Gregory McMichael.
The McMichaels and another man, William “Roddie” Bryan are charged with malice and felony murder for the Feb. 23 shooting death of 25-year-old Arbery. Bryan, who filmed the encounter on his phone, was denied bond in July.
The McMichaels were not arrested until May 7, after cellphone video of the shooting recorded by Bryan leaked and went viral. The father and son have pleaded not guilty to the crimes.
Arbery was jogging in a neighborhood just outside Brunswick, Georgia, when Travis and Gregory McMichael confronted him with guns. The two men chased an unarmed Arbery in a white pick-up truck, claiming later that they thought he had committed a burglary.
A struggle ensued between Arbery and Travis McMichael, who was carrying a shotgun. Arbery was shot three times and died at the scene.
The McMichaels attended the seven-hour hearing via video conference, listening as attorneys in the courtroom argued that neither man is a flight risk and denied that racism motivated the shooting.
Defense attorneys instead pushed the theory that the McMichaels had reason to believe that Arbery could have been responsible for thefts in the area.
“We have substantial evidence on that particular day Mr. Arbery was not a jogger. He was there for nefarious purposes,” Robert Rubin, an attorney representing Travis McMichael, argued.
Rubin, however, did not provide evidence demonstrating any wrongdoing by Arbery on the day of the shooting.
Exhibits entered into evidence during the hearing indicate that the prosecution plans to counter with arguments about the McMichaels’ racial prejudice.
The exhibits include Facebook posts threatening action over recent crime in the McMichaels’ neighborhood and a racist text message sent by Travis to his best friend Zachary Langford.
In a text message exchange between Travis and Langford, prosecutor Jesse Evans said Travis wrote a message referring to shooting “a crackhead coon with gold teeth.”
Langford at first said he did not recall receiving the message. After reviewing a copy of the exchange, he said Travis was “talking about a raccoon.”
Screenshot of Zacahary Langford testifying at the bond hearing for Travis and Gregory McMichael Thursday.
Evans also said Travis McMichael commented on an October 2019 Facebook photo: “Sayonara, you slanty-eyed fucks.”
Langford said Travis was a jokester who had at least one Black friend. He also testified that Travis “felt remorse” after the shooting and had some trouble sleeping afterward.
“He didn’t like what happened,” Langford said.
Ashley Langford, Zachary Langford’s wife and another close friend of Travis McMichael, said Travis told her he wished the shooting “never happened like that.” She said Travis “prayed for Ahmaud’s mother and his family daily.”
During a preliminary hearing in the case, GBI special agent Richard Dial testified that Bryan overheard Travis McMichael calling Arbery a “fucking nigger” as he stood over the dying man.
Wanda Cooper-Jones, Arbery’s mother, delivered a victim impact statement urging the judge to deny bond.
Cooper-Jones said the McMichaels “are as dangerous today as they were on Feb. 23.”
“No matter how [Ahmaud] maneuvered, no matter how fast he ran, or how quickly he turned, these men refused to let him go home. They should not go home now to prepare for their defense, to enjoy their children and grandchildren and to be embraced by the community,” she said.
Lee Merritt, an attorney representing Cooper-Jones, told reporters he does not believe bond is “appropriate” in this case.
Chatham County Superior Court Judge Timothy Walmsley did not make a decision on the McMichaels’ bond motions Thursday. The proceedings will resume Friday morning.


courthousenews--2020-11-13--Trump’s EPA Defends Asbestos Reporting Loopholes in Court

SAN FRANCISCO ( CN ) — Despite identifying major gaps in knowledge about asbestos in a recent draft risk report , the Trump administration on Thursday defended lax reporting rules that let companies avoid disclosing how much asbestos is made , imported and put into U.S. products .
“ The EPA has offered its basis which is rooted in science , and the court should defer to the agency ’ s discretion , ” Justice Department lawyer Brandon Adkins argued in federal court in California .
Adkins was defending the U.S. Environmental Protection Agency ’ s December 2018 denial of @ @ @ @ @ @ @ asbestos reporting requirements for U.S. importers and manufacturers .
Asbestos Disease Awareness Organization and four other groups sued the EPA in February last year for denying their petition .
They said the agency ignored “ serious , well-documented concerns , ” including the discovery of asbestos in Playskool crayons in 2018 and in makeup sold at the retailer Claire ’ s in 2017 .
Ten states and the District of Columbia , led by California , followed with their own lawsuit challenging the agency ’ s refusal to close those loopholes in June @ @ @ @ @ @ @ since the 1970s , asbestos exposure has been linked to cancers of the lungs , ovaries and larynx .
The EPA banned asbestos in 1989 , but the Fifth Circuit Court of Appeals overturned the ban two years later .
The EPA ’ s Chemical Data Reporting ( CDR ) rule , enacted in 2011 , mandates that companies report asbestos levels in their products .
But in July 2017 , the EPA exempted companies from those requirements , finding that “ reporting is not required for ‘ naturally occurring chemical substances.
” @ @ @ @ @ @ @ loophole , the agency said stricter reporting rules would not produce new information “ that is not already known to EPA ” and that it is “ aware of all ongoing uses of asbestos and already has the information that EPA would receive if EPA were to amend the CDR requirements.
” During a hearing on dueling motions for summary judgment Thursday , the states and public health advocacy groups said the EPA ’ s explanation is contradicted by its April 2020 draft risk evaluation for asbestos .
The report acknowledged “ a @ @ @ @ @ @ @ of asbestos-containing products available to both workers and consumers.
” “ What we ’ re hearing from the agency is some scientific hocus pocus provides a basis for overlooking these critical information gaps and not using the CDR reporting to fill them , ” attorney Robert Sussman , representing public health advocacy groups , argued in court .
The Trump administration says the court can not consider the EPA ’ s April 2020 draft risk report because it was not considered when the agency denied the petition at issue in 2018 .
Because @ @ @ @ @ @ @ also may not be considered as an official EPA comment or position , Adkins argued .
But ignoring the draft report might cause the court to miss an important piece of evidence , U.S. District Judge Edward Chen suggested .
“ Here , the action was taken when the agency said , ‘ We have enough facts , ’ and then there ’ s other evidence — call it extraneous , extrinsic evidence — that tends to show the contrary , ” Chen said .
Adkins replied that the court need not look @ @ @ @ @ @ @ EPA lacked information .
The agency acknowledged as much in prior reports , including in a 2017 scoping document .
“ EPA was very upfront in denying the petitions that there existed certain information gaps , ” Adkins said .
“ The EPA also explained , whereas here when EPA has certain information gaps , EPA relies on other scientific processes such as modeling that are subject to scientific review.
” Sussman said the EPA has yet to explain how its modeling and other scientific processes make it unnecessary to obtain more data @ @ @ @ @ @ @ are exposed to asbestos .
The EPA is required to use “ reasonably available information ” when it conducts risk assessments for toxic substances .
Adkins said Congress gave the EPA power to determine what information is reasonably available .
In this case , the agency found that voluntary reporting by industries would provide adequate information .
Chen questioned how information accessible through reporting rules authorized by Congress is not easily attainable .
“ If additional information that may be helpful is available through narrowing some of these exemptions and requiring more robust @ @ @ @ @ @ @ that information not reasonably available ?
” Chen asked .
Evaluating the adequacy of information the EPA relied on for its risk assessment falls outside the scope of this litigation and the court ’ s jurisdiction , Adkins replied .
Only a U.S. court of appeals can review the risk evaluation once it ’ s finalized .
The real question , Adkins insisted , is whether the petitioners presented adequate evidence to convince the EPA that expanded reporting would produce pertinent information , and whether the agency rationally denied their petition .
“ @ @ @ @ @ @ @ here is to see if there ’ s a reasonable basis for that decision , ” Adkins said .
Representing the states , California Deputy Attorney General Elizabeth Rumsey implored Chen to consider the April 2020 draft risk report , arguing it clearly shows EPA ’ s efforts to backfill its knowledge gaps has fallen short .
“ It terrifies me as the mother of a four-year-old that this substance is coming in yarn , in crayons , in talc , ” Rumsey said .
“ For EPA to say , ‘ we @ @ @ @ @ @ @ ’ the [ draft risk evaluation ] shows it was wrong then .
It has not paid off .
Those information gaps have not been filled.
” After about two hours of debate , Chen took the arguments under submission .

Despite identifying major gaps in knowledge about asbestos in a recent draft risk report, the Trump administration on Thursday defended lax reporting rules that let companies avoid disclosing how much asbestos is made, imported and put into U.S. products.
SAN FRANCISCO (CN) — Despite identifying major gaps in knowledge about asbestos in a recent draft risk report, the Trump administration on Thursday defended lax reporting rules that let companies avoid disclosing how much asbestos is made, imported and put into U.S. products.
“The EPA has offered its basis which is rooted in science, and the court should defer to the agency’s discretion,” Justice Department lawyer Brandon Adkins argued in federal court in California.
Adkins was defending the U.S. Environmental Protection Agency’s December 2018 denial of a petition seeking to close loopholes in asbestos reporting requirements for U.S. importers and manufacturers.
Asbestos Disease Awareness Organization and four other groups sued the EPA in February last year for denying their petition. They said the agency ignored “serious, well-documented concerns,” including the discovery of asbestos in Playskool crayons in 2018 and in makeup sold at the retailer Claire’s in 2017.
Ten states and the District of Columbia, led by California, followed with their own lawsuit challenging the agency’s refusal to close those loopholes in June 2019.
Recognized as a human carcinogen since the 1970s, asbestos exposure has been linked to cancers of the lungs, ovaries and larynx. The EPA banned asbestos in 1989, but the Fifth Circuit Court of Appeals overturned the ban two years later.
The EPA’s Chemical Data Reporting (CDR) rule, enacted in 2011, mandates that companies report asbestos levels in their products. But in July 2017, the EPA exempted companies from those requirements, finding that “reporting is not required for ‘naturally occurring chemical substances.”
In denying a petition to close that loophole, the agency said stricter reporting rules would not produce new information “that is not already known to EPA” and that it is “aware of all ongoing uses of asbestos and already has the information that EPA would receive if EPA were to amend the CDR requirements.”
During a hearing on dueling motions for summary judgment Thursday, the states and public health advocacy groups said the EPA’s explanation is contradicted by its April 2020 draft risk evaluation for asbestos. The report acknowledged “a lack of information/details on the market share of asbestos-containing products available to both workers and consumers.”
“What we’re hearing from the agency is some scientific hocus pocus provides a basis for overlooking these critical information gaps and not using the CDR reporting to fill them,” attorney Robert Sussman, representing public health advocacy groups, argued in court.
The Trump administration says the court cannot consider the EPA’s April 2020 draft risk report because it was not considered when the agency denied the petition at issue in 2018. Because the report is not final, it also may not be considered as an official EPA comment or position, Adkins argued.
But ignoring the draft report might cause the court to miss an important piece of evidence, U.S. District Judge Edward Chen suggested.
“Here, the action was taken when the agency said, ‘We have enough facts,’ and then there’s other evidence — call it extraneous, extrinsic evidence — that tends to show the contrary,” Chen said.
Adkins replied that the court need not look to that report for evidence that the EPA lacked information. The agency acknowledged as much in prior reports, including in a 2017 scoping document.
“EPA was very upfront in denying the petitions that there existed certain information gaps,” Adkins said. “The EPA also explained, whereas here when EPA has certain information gaps, EPA relies on other scientific processes such as modeling that are subject to scientific review.”
Sussman said the EPA has yet to explain how its modeling and other scientific processes make it unnecessary to obtain more data on how many U.S. workers and consumers are exposed to asbestos.
The EPA is required to use “reasonably available information” when it conducts risk assessments for toxic substances. Adkins said Congress gave the EPA power to determine what information is reasonably available. In this case, the agency found that voluntary reporting by industries would provide adequate information.
Chen questioned how information accessible through reporting rules authorized by Congress is not easily attainable.
“If additional information that may be helpful is available through narrowing some of these exemptions and requiring more robust reportage by the submitters, why is that information not reasonably available?” Chen asked.
Evaluating the adequacy of information the EPA relied on for its risk assessment falls outside the scope of this litigation and the court’s jurisdiction, Adkins replied. Only a U.S. court of appeals can review the risk evaluation once it’s finalized.
The real question, Adkins insisted, is whether the petitioners presented adequate evidence to convince the EPA that expanded reporting would produce pertinent information, and whether the agency rationally denied their petition.
“I think the court’s review here is to see if there’s a reasonable basis for that decision,” Adkins said.
Representing the states, California Deputy Attorney General Elizabeth Rumsey implored Chen to consider the April 2020 draft risk report, arguing it clearly shows EPA’s efforts to backfill its knowledge gaps has fallen short.
“It terrifies me as the mother of a four-year-old that this substance is coming in yarn, in crayons, in talc,” Rumsey said. “For EPA to say, ‘we have all the information we need,’ the [draft risk evaluation] shows it was wrong then. It has not paid off. Those information gaps have not been filled.”
After about two hours of debate, Chen took the arguments under submission.


courthousenews--2020-11-13--Acosta Used ‘Poor Judgment’ in Epstein Plea Deal, DOJ Finds

WASHINGTON ( CN ) — The Justice Department on Thursday reported that former Labor Secretary Alex Acosta exhibited “ poor judgment ” in his handling of a generous plea deal for Jeffrey Epstein in 2007 but did not commit professional misconduct .
While serving as U.S. Attorney for the Southern District of Florida , Acosta signed off on a controversial non-prosecution agreement to resolve allegations that Epstein had molested dozens of young girls .
Thursday ’ s report is the result of an internal investigation by the Justice Department ’ s Office of Professional Responsibility , which probed Acosta ’ @ @ @ @ @ @ @ criminal investigation in Florida .
The secretive deal , which was met with heavy criticism and litigation , let the now-deceased high-profile financier plea guilty to state charges in Florida of soliciting and procuring a minor for prostitution .
The agreement allowed Epstein to serve 13 months in a work-release program , make payments to victims and register as a sex offender instead of potentially serving a life sentence .
The DOJ said in its executive summary of the report on Thursday that it looked into interactions between prosecutors and Epstein ’ s @ @ @ @ @ @ @ Acosta approved the agreement .
It found that there was no “ clear and unambiguous duty ” to inform victims prior to striking the deal .
Despite criticizing the then-U.S. Attorney ’ s handling of the case , the DOJ ’ s summary says its investigation clears Acosta and other prosecutors of “ professional misconduct.
” “ While OPR did not find that Department attorneys engaged in professional misconduct , OPR concluded that the victims were not treated with the forthrightness and sensitivity expected by the Department , ” the Justice Department ’ @ @ @ @ @ @ @ statement on Thursday .
Additionally , the DOJ says the report did not conclude that Acosta ’ s decision to approve the deal “ was based on corruption or other impermissible considerations , such as Epstein ’ s wealth , status , or associations.
” U.S .
Senator Ben Sasse , who is the chairman of the Senate Judiciary Oversight Subcommittee , slammed the DOJ ’ s investigation summary on Thursday and argued that justice has not been served .
“ Letting a well-connected billionaire get away with child rape and international sex @ @ @ @ @ @ @ ’ — it is a disgusting failure .
Americans ought to be enraged , ” the Republican senator said in a statement .
“ Jeffrey Epstein should be rotting behind bars today , but the Justice Department failed Epstein ’ s victims at every turn , ” he added .
Calling the plea deal “ crooked , ” Sasse said the 2007 agreement had “ effectively shut down investigations into his child sex trafficking ring and protected his co-conspirators in other states.
” He urged the DOJ to release the entire report but @ @ @ @ @ @ @ the Department said it could not be released to the public in full on Thursday .
According to the DOJ , the full report has been disclosed upon request to at least one congressional committee with jurisdiction over the issue , which is permitted under the Act .
The Department says that it contacted victims and their lawyers on Thursday morning with an invitation to be briefed in order to “ fully respect the rights and dignity of Jeffrey Epstein ’ s many victims.
” “ We salute the courage of survivors as @ @ @ @ @ @ @ crimes and their aftermath , ” a DOJ spokesperson said in the statement .
“ The Department will thoroughly review the report , which will inform our implementation of the Crime Victims Rights ’ Act and the Attorney General ’ s Guidelines on Victim and Witness Assistance .
”

The Justice Department on Thursday reported that former Labor Secretary Alex Acosta exhibited “poor judgment” in his handling of a generous plea deal for Jeffrey Epstein in 2007 but did not commit professional misconduct.
WASHINGTON (CN) — The Justice Department on Thursday reported that former Labor Secretary Alex Acosta exhibited “poor judgment” in his handling of a generous plea deal for Jeffrey Epstein in 2007 but did not commit professional misconduct.
While serving as U.S. Attorney for the Southern District of Florida, Acosta signed off on a controversial non-prosecution agreement to resolve allegations that Epstein had molested dozens of young girls.
Thursday’s report is the result of an internal investigation by the Justice Department’s Office of Professional Responsibility, which probed Acosta’s decision to end the 2006–2008 federal criminal investigation in Florida.
The secretive deal, which was met with heavy criticism and litigation, let the now-deceased high-profile financier plea guilty to state charges in Florida of soliciting and procuring a minor for prostitution.
The agreement allowed Epstein to serve 13 months in a work-release program, make payments to victims and register as a sex offender instead of potentially serving a life sentence.
The DOJ said in its executive summary of the report on Thursday that it looked into interactions between prosecutors and Epstein’s victims, who were not informed before Acosta approved the agreement.
It found that there was no "clear and unambiguous duty" to inform victims prior to striking the deal.
Despite criticizing the then-U.S. Attorney’s handling of the case, the DOJ’s summary says its investigation clears Acosta and other prosecutors of “professional misconduct.”
“While OPR did not find that Department attorneys engaged in professional misconduct, OPR concluded that the victims were not treated with the forthrightness and sensitivity expected by the Department,” the Justice Department’s public affairs office wrote in a statement on Thursday.
Additionally, the DOJ says the report did not conclude that Acosta’s decision to approve the deal “was based on corruption or other impermissible considerations, such as Epstein’s wealth, status, or associations.”
U.S. Senator Ben Sasse, who is the chairman of the Senate Judiciary Oversight Subcommittee, slammed the DOJ’s investigation summary on Thursday and argued that justice has not been served.
"Letting a well-connected billionaire get away with child rape and international sex trafficking isn’t ‘poor judgment’ — it is a disgusting failure. Americans ought to be enraged,” the Republican senator said in a statement.
“Jeffrey Epstein should be rotting behind bars today, but the Justice Department failed Epstein’s victims at every turn,” he added.
Calling the plea deal “crooked,” Sasse said the 2007 agreement had “effectively shut down investigations into his child sex trafficking ring and protected his co-conspirators in other states.”
He urged the DOJ to release the entire report but, due to the Privacy Act, the Department said it could not be released to the public in full on Thursday.
According to the DOJ, the full report has been disclosed upon request to at least one congressional committee with jurisdiction over the issue, which is permitted under the Act.
The Department says that it contacted victims and their lawyers on Thursday morning with an invitation to be briefed in order to “fully respect the rights and dignity of Jeffrey Epstein’s many victims.”
“We salute the courage of survivors as they again are confronted with these horrible crimes and their aftermath,” a DOJ spokesperson said in the statement. “The Department will thoroughly review the report, which will inform our implementation of the Crime Victims Rights’ Act and the Attorney General’s Guidelines on Victim and Witness Assistance.”


courthousenews--2020-11-14--Protesters Who Toppled Statue of Catholic Saint Face Vandalism Charges

SAN RAFAEL , Calif. ( CN ) — Amid an ongoing dispute over whether statues viewed by some as symbols of racism and oppression should be taken down , five protesters were charged with felony vandalism this week for toppling an 18th century Spanish missionary ’ s monument at a Catholic church north of San Francisco .
The Marin County District Attorney ’ s Office filed charges Thursday against five people accused of splashing red paint on a 6-foot statue of Junípero Serra before knocking it down at St. Raphael Church in downtown San Rafael .
The incident took place @ @ @ @ @ @ @ Day , which is celebrated as Indigenous People ’ s Day in nearby Berkeley and San Francisco .
The protest was organized by members of the Coast Miwok Group , an alliance of indigenous people native to the San Francisco Bay Area .
The demonstrators say they view Serra as someone who forced Native Americans to convert to Catholicism , subjected them to violence and exploitation and made them abandon their way of life .
Last month , San Francisco ’ s Catholic Archbishop Salvatore Cordileone urged the Marin County DA ’ s @ @ @ @ @ @ @ statue with a hate crime for committing vandalism in a house of worship .
“ In our view , this attack on a cherished religious symbol on our own church property is not a minor property crime , but an attack on Catholics as a people , ” Cordileone wrote in a letter to DA Lori Frugoli on Oct. 26 .
“ If the perpetrators of this crime are not brought to justice , small mobs will be able to decide what religious symbols all people of faith may display on their own @ @ @ @ @ @ @ they will continue to inflict considerable spiritual suffering on ordinary Catholic people who would see our sacred spaces as unprotected by law.
” Frugoli ’ s office filed charges against Victoria Eva Montanopena , 29 , of Oakland ; Melissa Aguilar , 36 , of Novato ; Mayorgi Nadeska Delgadillo , 36 , of San Rafael ; Moira Cribben Van de Walker , 25 of San Anselmo ; and Andrew Lester Mendle , whose age and place of residence could not be immediately ascertained on Friday .
This was not the first time @ @ @ @ @ @ @ In June , a group of demonstrators toppled a 30-foot replica of the Spanish missionary in Golden Gate Park in San Francisco , along with monuments depicting Francis Scott Key , writer of “ The Star Spangled Banner , ” and former U.S. president Ulysses S. Grant , both of whom owned slaves before the Civil War .
Serra , who founded 21 missions across what is now California in the 1700s , was canonized as a saint by Pope Francis in 2015 , despite criticisms of the Spanish missionary ’ s legacy @ @ @ @ @ @ @ of ancestors from several indigenous groups native to the San Francisco Bay Area , opposed canonizing Serra at that time , arguing that “ sainthood should not be accorded to those persons who participated in Colonial systems of conquest and coercive conversions such as practiced by the Hispanic Empire in partnership with the Catholic Church.
” On the night Serra ’ s statue was toppled in San Rafael , the local police department made a mutual decision with the church to watch the demonstration and not intervene to avoid potential physical altercations with @ @ @ @ @ @ @ Justin Graham told the Mercury News last month .
Five suspects , four of whom were charged with felony vandalism this week , were cited and released by officers after the demonstration on Oct. 12 , according to the police department .
Jan Potts , a spokesperson with the Catholic Archdiocese of San Francisco , said no one asked church officials to remove the Serra statute before it was knocked down on Oct. 12 .
In a statement Friday , Archbishop Cordileone said “ mobs ” should not be allowed to trespass on @ @ @ @ @ @ @ facing punishment .
“ While a hate crime was not charged in this case , let us hope that this prosecution will nonetheless contribute to putting an end to attacks on all houses of worship , ” Cordileone said .
Lucina Vidauri , an organizer of the Oct. 12 rally with the Coast Miwok Tribe , did not immediately return an email and phone call seeking comment Friday .
If convicted , the protesters face a year in jail and a fine of up to $ 10,000 or the value of damaged property @ @ @ @ @

Amid an ongoing dispute over whether statues viewed by some as symbols of racism and oppression should be taken down, five protesters were charged with felony vandalism this week for toppling an 18th century Spanish missionary’s monument at a Catholic church north of San Francisco.
SAN RAFAEL, Calif. (CN) — Amid an ongoing dispute over whether statues viewed by some as symbols of racism and oppression should be taken down, five protesters were charged with felony vandalism this week for toppling an 18th century Spanish missionary’s monument at a Catholic church north of San Francisco.
The Marin County District Attorney’s Office filed charges Thursday against five people accused of splashing red paint on a 6-foot statue of Junípero Serra before knocking it down at St. Raphael Church in downtown San Rafael. The incident took place during an Oct. 12 demonstration on Columbus Day, which is celebrated as Indigenous People’s Day in nearby Berkeley and San Francisco.
The protest was organized by members of the Coast Miwok Group, an alliance of indigenous people native to the San Francisco Bay Area. The demonstrators say they view Serra as someone who forced Native Americans to convert to Catholicism, subjected them to violence and exploitation and made them abandon their way of life.
Last month, San Francisco’s Catholic Archbishop Salvatore Cordileone urged the Marin County DA’s Office to charge those who toppled the statue with a hate crime for committing vandalism in a house of worship.
“In our view, this attack on a cherished religious symbol on our own church property is not a minor property crime, but an attack on Catholics as a people,” Cordileone wrote in a letter to DA Lori Frugoli on Oct. 26. “If the perpetrators of this crime are not brought to justice, small mobs will be able to decide what religious symbols all people of faith may display on their own property to further their faith, and they will continue to inflict considerable spiritual suffering on ordinary Catholic people who would see our sacred spaces as unprotected by law.”
Frugoli’s office filed charges against Victoria Eva Montanopena, 29, of Oakland; Melissa Aguilar, 36, of Novato; Mayorgi Nadeska Delgadillo, 36, of San Rafael; Moira Cribben Van de Walker, 25 of San Anselmo; and Andrew Lester Mendle, whose age and place of residence could not be immediately ascertained on Friday.
This was not the first time protesters targeted a statue of Serra. In June, a group of demonstrators toppled a 30-foot replica of the Spanish missionary in Golden Gate Park in San Francisco, along with monuments depicting Francis Scott Key, writer of “The Star Spangled Banner,” and former U.S. president Ulysses S. Grant, both of whom owned slaves before the Civil War.
Serra, who founded 21 missions across what is now California in the 1700s, was canonized as a saint by Pope Francis in 2015, despite criticisms of the Spanish missionary’s legacy.
The Muwekma Ohlone Tribe, comprised of members of several indigenous groups native to the San Francisco Bay Area, opposed canonizing Serra at that time, arguing that “sainthood should not be accorded to those persons who participated in Colonial systems of conquest and coercive conversions such as practiced by the Hispanic Empire in partnership with the Catholic Church.”
On the night Serra’s statue was toppled in San Rafael, the local police department made a mutual decision with the church to watch the demonstration and not intervene to avoid potential physical altercations with protesters, San Rafael Police Sgt. Justin Graham told the Mercury News last month.
Five suspects, four of whom were charged with felony vandalism this week, were cited and released by officers after the demonstration on Oct. 12, according to the police department.
Jan Potts, a spokesperson with the Catholic Archdiocese of San Francisco, said no one asked church officials to remove the Serra statute before it was knocked down on Oct. 12.
In a statement Friday, Archbishop Cordileone said “mobs” should not be allowed to trespass on holy ground and destroy sacred symbols without facing punishment.
“While a hate crime was not charged in this case, let us hope that this prosecution will nonetheless contribute to putting an end to attacks on all houses of worship,” Cordileone said.
Lucina Vidauri, an organizer of the Oct. 12 rally with the Coast Miwok Tribe, did not immediately return an email and phone call seeking comment Friday.
If convicted, the protesters face a year in jail and a fine of up to $10,000 or the value of damaged property up to $50,000.


courthousenews--2020-11-14--Court Blocks El Paso Lockdown Order as Virus Deaths Rise

( CN ) — A Texas appeals court on Friday blocked a local lockdown order in the border city of El Paso , where a dramatic coronavirus surge has killed more than 180 people in just the past month and prompted officials to set up mobile morgues to handle the influx of bodies .
El Paso County Judge Ricardo Samaniego — the region ’ s top elected official , not a judicial officer — issued the temporary lockdown order just before Halloween when the surge had already begun to overwhelm local hospitals , closing or scaling back most businesses and @ @ @ @ @ @ @ essential activities .
A group of restaurants and Ken Paxton , the state ’ s Republican attorney general , quickly sued , arguing Samaniego overstepped his authority by setting up restrictions that went beyond Texas Governor Greg Abbott ’ s own pandemic-related rules .
In a 2-1 vote Friday , the state ’ s Eighth District Court of Appeals ruled that Samaniego did not have the authority to overstep the governor under the state ’ s Disaster Act , which outlines the powers local officials have to respond to emergencies .
The ruling @ @ @ @ @ @ @ temporarily blocked parts of the lockdown order .
“ We reject the county ’ s paradigm that the governor ’ s order can set a ceiling for occupancy and the county can then set a floor , with the public required to abide by the more restrictive provision , ” Chief Justice Jeff Alley wrote in his opinion for the majority .
“ If conduct is allowed under the governor ’ s order , that county can not prohibit it .
If activities are prohibited by the governor ’ s order , the @ @ @ @ @ @ @ , Alley wrote that the court would “ allow for the possibilities that parties might identify some stand-alone restrictions ” in the local lockdown order that do not violate the governor ’ s rules .
A spokesperson for Samaniego did not immediately respond to a request for comment or indicate whether the county would appeal .
The legal wrangling has played out amid a dire public health crisis that shows few signs of easing , as more than 1,100 people remain hospitalized with Covid-19 in the area .
Five mobile morgues are currently @ @ @ @ @ @ @ , a city spokesperson said , while another is available if needed and officials have requested yet another four morgue trailers .
Some have pointed to a slight drop in the rate of people testing positive for the virus as a potential bright spot .
The region ’ s seven-day average positivity rate has fallen by about 4 % over the past week .
Officials hope that will translate to a slowed pace of hospitalizations in the weeks ahead , though it ’ s far from certain if that will be the case @ @ @ @ @ @ @ recent days has served as a kind of eerie reminder of just how persistent the pandemic continues to be .
Dueling narratives about whether the lockdown was a justified response to an emergency or an example of government overreach harkened back to the early days of the pandemic , when lawyers and protesters were busy fighting lockdown orders in other parts of the country .
Samaniego argued the El Paso County order was needed to prevent “ unprecedented levels of death ” in the community .
Others , including El Paso ’ s @ @ @ @ @ @ @ lockdown unfairly burdened small business owners and would be too great of an economic hit .
“ Business owners have been calling me every day in tears , ” Mayor Dee Margo said during a Thursday press conference .
“ How is the county going to provide financial assistance to the business owners who still have to pay their taxes ?
” A nationwide nurses ’ union filed a court brief this week supporting the lockdown order , saying the “ catastrophic nature of conditions inside El Paso hospitals can not be overstated.
@ @ @ @ @ @ @ nurses ] in El Paso County have been infected with Covid-19 , and one of our members there has died of Covid , ” the group National Nurses United wrote .
The case has also drawn attention from local leaders in other parts of Texas , with officials in Harris , Travis and Fort Bend Counties filing court briefs supporting the lockdown order .
Paxton ’ s office , meanwhile , warned in court filings that upholding the El Paso lockdown could lead to similar local restrictions across the state ’ s 254 @ @ @ @ @ @ @ this court or the Texas Supreme Court , other counties may soon follow , precipitating the potential for a collapse of the state ’ s emergency plan and response by turning a unified strategy into an uncoordinated , disorganized , and conflicting 254-pronged approach that endangers the lives and livelihoods of every Texan , ” the state attorneys wrote .
In an impassioned , 32-page dissent to Friday ’ s ruling , Justice Yvonne Rodriguez wrote that the governor ’ s attempt to override local officials “ violates the small government ethos the @ @ @ @ @ @ @ Rodriguez expressed deep frustration with the fact that the courts had been asked to resolve the dispute during a public health crisis .
“ In the seven days this expedited appeal was pending , the County has gone from having one refrigerated mobile morgue for the overflow of bodies to six refrigerated mobile morgues , ” she wrote .
“ How many more mobile morgues will come to El Paso before the Texas Supreme Court is able to render a final answer to the deadly riddle of which leader must yield ?
” @ @ @ @ @ @ @ nationwide uptick in virus cases has prompted officials in multiple states , including neighboring New Mexico , to bring back their own lockdown measures .
New Mexico Governor Michelle Lujan Grisham said Friday her state was hitting “ reset ” on its pandemic-related restrictions with a statewide stay-at-home order that includes restrictions on restaurants , bars , “ big box ” stores and other businesses .

A Texas appeals court on Friday blocked a local lockdown order in the border city of El Paso, where a dramatic coronavirus surge has killed more than 180 people in just the past month and prompted officials to set up mobile morgues to handle the influx of bodies.
UPDATED Nov. 15, 2020
(CN) — A Texas appeals court on Friday blocked a local lockdown order in the border city of El Paso, where a dramatic coronavirus surge has killed more than 180 people in just the past month and prompted officials to set up mobile morgues to handle the influx of bodies.
El Paso County Judge Ricardo Samaniego — the region’s top elected official, not a judicial officer — issued the temporary lockdown order just before Halloween when the surge had already begun to overwhelm local hospitals, closing or scaling back most businesses and requiring people to stay home except for essential activities.
A group of restaurants and Ken Paxton, the state’s Republican attorney general, quickly sued, arguing Samaniego overstepped his authority by setting up restrictions that went beyond Texas Governor Greg Abbott’s own pandemic-related rules.
In a 2-1 vote Friday, the state’s Eighth District Court of Appeals ruled that Samaniego did not have the authority to overstep the governor under the state’s Disaster Act, which outlines the powers local officials have to respond to emergencies. The ruling came after the same court had already temporarily blocked parts of the lockdown order.
“We reject the county’s paradigm that the governor’s order can set a ceiling for occupancy and the county can then set a floor, with the public required to abide by the more restrictive provision,” Chief Justice Jeff Alley wrote in his opinion for the majority. “If conduct is allowed under the governor’s order, that county cannot prohibit it. If activities are prohibited by the governor’s order, the county cannot allow them.”
Still, Alley wrote that the court would “allow for the possibilities that parties might identify some stand-alone restrictions” in the local lockdown order that do not violate the governor’s rules.
In a statement issued late Friday night, Samaniego indicated he would not appeal the decision.
"Unfortunately, I don’t believe it would be fruitful to continue to pursue litigation options, but I wholeheartedly intend to use my legal authority to do everything possible to save as many lives as I can," he said.
A spokesperson for Samaniego did not immediately respond to a request for comment or indicate whether the county would appeal.
The legal wrangling has played out amid a dire public health crisis that shows few signs of easing, as more than 1,100 people remain hospitalized with Covid-19 in the area, which has a population of around 839,000.
Five mobile morgues are currently being used in the El Paso region, a city spokesperson said, while another is available if needed and officials have requested yet another four morgue trailers.
Some have pointed to a slight drop in the rate of people testing positive for the virus as a potential bright spot.
The region’s seven-day average positivity rate has fallen by about 4% over the past week. Officials hope that will translate to a slowed pace of hospitalizations in the weeks ahead, though it’s far from certain if that will be the case.
The fight over the lockdown in recent days has served as a kind of eerie reminder of just how persistent the pandemic continues to be.
Dueling narratives about whether the lockdown was a justified response to an emergency or an example of government overreach harkened back to the early days of the pandemic, when lawyers and protesters were busy fighting lockdown orders in other parts of the country.
Samaniego argued the El Paso County order was needed to prevent “unprecedented levels of death” in the community. Others, including El Paso’s mayor, pushed back, saying the lockdown unfairly burdened small business owners and would be too great of an economic hit.
“Business owners have been calling me every day in tears,” Mayor Dee Margo said during a Thursday press conference. “How is the county going to provide financial assistance to the business owners who still have to pay their taxes?”
A nationwide nurses’ union filed a court brief this week supporting the lockdown order, saying the “catastrophic nature of conditions inside El Paso hospitals cannot be overstated.”
“More than fifty [registered nurses] in El Paso County have been infected with Covid-19, and one of our members there has died of Covid,” the group National Nurses United wrote.
The case has also drawn attention from local leaders in other parts of Texas, with officials in Harris, Travis and Fort Bend Counties filing court briefs supporting the lockdown order.
Paxton’s office, meanwhile, warned in court filings that upholding the El Paso lockdown could lead to similar local restrictions across the state’s 254 counties.
“Without swift action by this court or the Texas Supreme Court, other counties may soon follow, precipitating the potential for a collapse of the state’s emergency plan and response by turning a unified strategy into an uncoordinated, disorganized, and conflicting 254-pronged approach that endangers the lives and livelihoods of every Texan,” the state attorneys wrote.
In an impassioned, 32-page dissent to Friday’s ruling, Justice Yvonne Rodriguez wrote that the governor’s attempt to override local officials “violates the small government ethos the Framers wove into the Texas Constitution.”
Rodriguez expressed deep frustration with the fact that the courts had been asked to resolve the dispute during a public health crisis.
“In the seven days this expedited appeal was pending, the County has gone from having one refrigerated mobile morgue for the overflow of bodies to six refrigerated mobile morgues,” she wrote. “How many more mobile morgues will come to El Paso before the Texas Supreme Court is able to render a final answer to the deadly riddle of which leader must yield?”
Paxton called the decision "outstanding."
"As the Court aptly put, 'the public cannot have two sets of rules to live by'. A tyrant who thinks he can ignore state law cannot stop that," Paxton said. "I will not let rogue political subdivisions try to kill small businesses and holiday gatherings through unlawful executive orders."
The El Paso ruling comes as the nationwide uptick in virus cases has prompted officials in multiple states, including neighboring New Mexico, to bring back their own lockdown measures.
New Mexico Governor Michelle Lujan Grisham said Friday her state was hitting “reset” on its pandemic-related restrictions with a statewide stay-at-home order that includes restrictions on restaurants, bars, “big box” stores and other businesses.


Georgia Absentees

ATLANTA — A Georgia voter sued his state ’ s elections chief in federal court Friday , claiming the elections @ @ @ @ @ changed the way absentee votes are handled and therefore said votes should not be counted @


courthousenews--2020-11-14--Judge Keeps Census Suit on Track for March Trial

SAN JOSE , Calif. ( CN ) — A high-profile lawsuit involving civil rights groups , cities and counties over the Trump administration ’ s handling of the 2020 census will go to trial in March , after a federal judge rejected calls to fast-track it .
U.S. District Judge Lucy Koh told attorneys for the National Urban League , a civil rights organization , that she would not honor their request to move up a trial to decide whether the Trump administration used the coronavirus as an excuse to undercount populations in urban centers that typically lean Democratic .
@ @ @ @ @ @ @ 2021 , ” she said during a hearing Friday afternoon .
While the plaintiffs lost their bid for an expedited trial , they won several victories over the course of the hearing , most notably convincing Koh to allow discovery to begin immediately .
Alexander Sverdlov , arguing for the Department of Justice and the U.S. Census Bureau , said discovery at this stage is inappropriate , given that there was still a question about the nature of the claims .
“ The scope and availability of discovery is going to depend on @ @ @ @ @ @ @ ” Sverdlov said , referring to the Administrative Procedure Act which governs the procedures and processes for how federal agencies develop and implement regulations .
There remains some question as to whether the Census Bureau ’ s decision to collect data in a compressed timeframe due to the pandemic was a final agency action .
If so , then it can be adjudicated under the act .
If Koh decides the agency was simply using its discretion and not issuing final actions , plaintiffs may still have recourse to pursue some claims but @ @ @ @ @ @ @ not seem receptive to the argument , noting that a motion to dismiss filed recently contained similar arguments she and other appellate judges have already rejected during the battle over the preliminary injunction .
The plaintiffs sought a preliminary injunction to prevent the bureau from winding down the count at the end of September instead of the end of October .
Koh granted it , a decision affirmed by a three-judge panel of the Ninth Circuit .
But the Trump administration appealed to the U.S. Supreme Court , which lifted the preliminary injunction @ @ @ @ @ @ @ Friday that the Supreme Court ’ s decision is of little import to the merits of the case .
“ The Supreme Court did not issue an opinion , ” she said .
“ In fact , there were no reasons stated .
Also , the preliminary injunction related to one of three causes of action.
” Koh has been receptive to arguments that shutting the census down early could compromise the congressionally mandated duty of the Census Bureau to carry out an accurate count .
The Trump administration says the law also @ @ @ @ @ @ @ , including delivering a completed census by the end of the calendar year .
The legal issues come amid a backdrop of political concerns over the way the Trump administration has conducted the 2020 census .
The census not only serves to give a reliable indication of population levels and demographics but also determines funding allocation for federal dollars and grants as well as apportionment — how many congressional seats are awarded to each state based on their respective populations .
As the Trump administration unsuccessfully attempted to put a citizenship question on @ @ @ @ @ @ @ is committed to undercounting minority communities in places like New York and California , states generally hostile to his policy agenda .
If so-called blue states like California and New York saw their congressional delegations reduced , that could help tip the balance of power toward the GOP in the House of Representatives .
There are other census-related cases pending around the nation , including several that center on the question of whether the Census Bureau can add a citizenship question .

A high-profile lawsuit involving civil rights groups, cities and counties over the Trump administration’s handling of the 2020 census will go to trial in March, after a federal judge rejected calls to fast-track it.
SAN JOSE, Calif. (CN) — A high-profile lawsuit involving civil rights groups, cities and counties over the Trump administration’s handling of the 2020 census will go to trial in March, after a federal judge rejected calls to fast-track it.
U.S. District Judge Lucy Koh told attorneys for the National Urban League, a civil rights organization, that she would not honor their request to move up a trial to decide whether the Trump administration used the coronavirus as an excuse to undercount populations in urban centers that typically lean Democratic.
“The trial is scheduled for March 2021,” she said during a hearing Friday afternoon.
While the plaintiffs lost their bid for an expedited trial, they won several victories over the course of the hearing, most notably convincing Koh to allow discovery to begin immediately.
Alexander Sverdlov, arguing for the Department of Justice and the U.S. Census Bureau, said discovery at this stage is inappropriate, given that there was still a question about the nature of the claims.
“The scope and availability of discovery is going to depend on whether this is an APA action,” Sverdlov said, referring to the Administrative Procedure Act which governs the procedures and processes for how federal agencies develop and implement regulations. There remains some question as to whether the Census Bureau’s decision to collect data in a compressed timeframe due to the pandemic was a final agency action.
If so, then it can be adjudicated under the act. If Koh decides the agency was simply using its discretion and not issuing final actions, plaintiffs may still have recourse to pursue some claims but discovery burdens may shift.
Koh did not seem receptive to the argument, noting that a motion to dismiss filed recently contained similar arguments she and other appellate judges have already rejected during the battle over the preliminary injunction.
The plaintiffs sought a preliminary injunction to prevent the bureau from winding down the count at the end of September instead of the end of October. Koh granted it, a decision affirmed by a three-judge panel of the Ninth Circuit.
But the Trump administration appealed to the U.S. Supreme Court, which lifted the preliminary injunction without explanation in mid-October.
Koh said Friday that the Supreme Court’s decision is of little import to the merits of the case.
“The Supreme Court did not issue an opinion,” she said. “In fact, there were no reasons stated. Also, the preliminary injunction related to one of three causes of action.”
Koh has been receptive to arguments that shutting the census down early could compromise the congressionally mandated duty of the Census Bureau to carry out an accurate count. The Trump administration says the law also requires the bureau to adhere to deadlines, including delivering a completed census by the end of the calendar year.
The legal issues come amid a backdrop of political concerns over the way the Trump administration has conducted the 2020 census. The census not only serves to give a reliable indication of population levels and demographics but also determines funding allocation for federal dollars and grants as well as apportionment — how many congressional seats are awarded to each state based on their respective populations.
As the Trump administration unsuccessfully attempted to put a citizenship question on the census questionnaire, critics maintain Trump is committed to undercounting minority communities in places like New York and California, states generally hostile to his policy agenda. If so-called blue states like California and New York saw their congressional delegations reduced, that could help tip the balance of power toward the GOP in the House of Representatives.
There are other census-related cases pending around the nation, including several that center on the question of whether the Census Bureau can add a citizenship question.


Iowa Football

DES MOINES , Iowa — A group of Black former University of Iowa football players filed a race discrimination lawsuit @ @ @ @ @ , forced them to change their hairstyles and punished them for singing and dancing .


courthousenews--2020-11-13--California Courts Covid Update

California Courts Covid Update

Nov. 9 , 2020 : Presiding judge extends some dependency deadlines under new general order Nov. 12 , 2020 : @ @ @ @ @ as county moves to Purple Tier Nov. 11 , 2020 : Judicial Council provides a @ @ @ @ @ operations in response to Covid-19 , in table form


courthousenews--2020-11-13--Trump Thrashes at Home State in First Speech Since Election Defeat

WASHINGTON ( CN ) — Bruised by New York Governor Andrew Cuomo ’ s assertion that any coronavirus vaccine rolled out in the Trump administration would be “ flawed , ” the president glowered Friday that the Empire State can keep waiting .
“ As soon as April the vaccine will be available to the entire general population — with the exception of places like New York state where , for political reasons , the governor decided to say … he wants to take his time with a vaccine , ” President Donald Trump said .
“ So , we @ @ @ @ @ @ @ New York until we have authorization to do so , and that pains me to say that.
” Trump issued the threat to his former home state this afternoon from the Rose Garden , referencing an interview that the Democratic Cuomo gave Monday on “ Good Morning America.
” “ The bad news is that it ’ s about two months before Joe Biden takes over , and this means [ the Trump ] administration is going to be implementing a vaccine plan , ” the governor said .
Cuomo ’ s remarks @ @ @ @ @ @ @ heard ’ round the world this week when Pfizer and BioNTech announced that their vaccine candidate was more than 90 % effective in preventing Covid-19 infection .
Pfizer did not take any money from Trump ’ s Operation Warp Speed , but that entity — a public-private partnership for Covid-19 vaccine development — has since promised to buy $ 2 billion worth of the drug Pfizer is working on .
As for Pfizer ’ s clarification that it did not develop the drug with funds from Operation Warp Speed , Trump today said @ @ @ @ @ @ @ “ unfortunate misrepresentation.
” Trump ’ s appearance was his first in public since dismissing the results of the 2020 election that projected victory for his opponent , Joe Biden .
He took no questions Friday , which otherwise marks the country ’ s ninth consecutive day of record daily coronavirus infections .
More than 160,000 were diagnosed with the virus on Thursday .
“ As we see cases rising around the country , as we see hospitalizations rising around the country , I want to encourage the American people with the news @ @ @ @ @ @ @ , who runs the White House ’ s coronavirus taskforce .
“ That as we have done from the very beginning , we ’ re going to move heaven and earth to make sure that your family has access to the level of health care that we ’ d want any one of our members of our family to have.
” On Monday , Pence said the administration would be reviewing each state ’ s plan for vaccine distribution in a meeting with state governors .
Within Operation Warp Speed , immunologist Moncef @ @ @ @ @ @ @ that the Food and Drug Administration would judge the vaccines independently , and that , “ if approved , [ they ] should be used by all in the population.
” General Gustave Perna , who is chief operating officer of the operation , said that America can expect , within 24 hours of emergency-use approval by the FDA , that the military will begin the “ herculean task ” of building brick-and-mortar facilities to distribute the vaccine .
Health and Human Services Secretary Alex Azar meanwhile took aim at Cuomo for disparaging @ @ @ @ @ @ @ So , it ’ s a shame that some , one example being the governor of New York , have actually injected politics into the process and suggested the possibility of intentionally delaying access to an FDA-authorized vaccine , which is simply unconscionable , ” Azar said .

Bruised by New York Governor Andrew Cuomo’s assertion that any coronavirus vaccine rolled out in the Trump administration would be “flawed,” the president glowered Friday that the Empire State can keep waiting.
WASHINGTON (CN) — Bruised by New York Governor Andrew Cuomo’s assertion that any coronavirus vaccine rolled out in the Trump administration would be “flawed,” the president glowered Friday that the Empire State can keep waiting.
“As soon as April the vaccine will be available to the entire general population — with the exception of places like New York state where, for political reasons, the governor decided to say … he wants to take his time with a vaccine,” President Donald Trump said. “So, we won’t be delivering it to New York until we have authorization to do so, and that pains me to say that.”
Trump issued the threat to his former home state this afternoon from the Rose Garden, referencing an interview that the Democratic Cuomo gave Monday on “Good Morning America.”
“The bad news is that it’s about two months before Joe Biden takes over, and this means [the Trump] administration is going to be implementing a vaccine plan,” the governor said.
Cuomo’s remarks stand in contrast to cries of relief heard ’round the world this week when Pfizer and BioNTech announced that their vaccine candidate was more than 90% effective in preventing Covid-19 infection.
Pfizer did not take any money from Trump’s Operation Warp Speed, but that entity — a public-private partnership for Covid-19 vaccine development — has since promised to buy $2 billion worth of the drug Pfizer is working on.
As for Pfizer’s clarification that it did not develop the drug with funds from Operation Warp Speed, Trump today said the company’s remarks were a “unfortunate misrepresentation.”
Trump’s appearance was his first in public since dismissing the results of the 2020 election that projected victory for his opponent, Joe Biden. He took no questions Friday, which otherwise marks the country’s ninth consecutive day of record daily coronavirus infections. More than 160,000 were diagnosed with the virus on Thursday.
“As we see cases rising around the country, as we see hospitalizations rising around the country, I want to encourage the American people with the news,” said Vice President Mike Pence, who runs the White House’s coronavirus taskforce. “That as we have done from the very beginning, we’re going to move heaven and earth to make sure that your family has access to the level of health care that we’d want any one of our members of our family to have.”
On Monday, Pence said the administration would be reviewing each state’s plan for vaccine distribution in a meeting with state governors.
Within Operation Warp Speed, immunologist Moncef Slaoul said he felt very comfortable saying that the Food and Drug Administration would judge the vaccines independently, and that, “if approved, [they] should be used by all in the population.”
General Gustave Perna, who is chief operating officer of the operation, said that America can expect, within 24 hours of emergency-use approval by the FDA, that the military will begin the “herculean task” of building brick-and-mortar facilities to distribute the vaccine.
Health and Human Services Secretary Alex Azar meanwhile took aim at Cuomo for disparaging the administration’s efforts.
“So, it’s a shame that some, one example being the governor of New York, have actually injected politics into the process and suggested the possibility of intentionally delaying access to an FDA-authorized vaccine, which is simply unconscionable,” Azar said.