courthousenews--2020-11-01--Europe Remembers the Dead Under the Pandemic’s Shadow

For the people of Castelbuono , this winter promises to be much longer , lonelier and sadder for them as the pandemic spreads and threatens to overwhelm out-of-the-way places like theirs .
CASTELBUONO , Sicily ( CN ) — Wearing masks and dressed for Sunday , Pietro Bonomo , a 76-year-old former shepherd and retired factory worker , and his sister , Angela Bonomo Occorso , got to the cemetery gate as they always do for All Souls ’ Day weekend to pay homage to the dead .
First , though , came a temperature check this Sunday .
Sicily @ @ @ @ @ @ @ is in the midst of a darkening shadow cast by the coronavirus pandemic and this town of 9,000 people is taking an increasing number of measures to stop the virus .
Even here at the cemetery gates , precautions were in place .
“ Are you related ?
” A town employee asked as he took their temperatures with an infrared thermometer .
“ Very good , you count as one .
But everyone else has to wait for someone to come out .
We ’ re up to 40 , you have @ @ @ @ @ @ @ with flowers in their hands nodded and patiently waited .
On this weekend when the town cemetery turns into a version of the town square , a maximum of 40 people were being allowed into the cemetery at one time to prevent crowds .
“ We ’ re back like it was in March , ” Pietro said gloomily , talking about the restrictions and lockdown imposed after Italy discovered to its shock that the novel coronavirus from China was taking root throughout the country .
“ Before the pandemic , it was @ @ @ @ @ @ @ , his eyes lighting up for a second and reflecting the many joys and radiant evenings of festivities enjoyed by this town in the coastal mountains of northern Sicily before the pandemic .
With a sigh , he finished his thought : “ Now there ’ s nothing.
” Slowly , it feels like the pandemic is beginning to close its grip even on this remote mountain town that prides itself on not having a single Covid-19 case .
Pietro was pessimistic about the town staying Covid free .
“ Sooner or later @ @ @ @ @ @ @ , Pietro and Angela walked slowly , discussing who to honor first and which direction to go .
They have a lot of family members to pay homage to : Angela has her husband , they have their parents , there are aunts , uncles and many other family members entombed in the cemetery .
They headed toward a crypt where their parents were interred .
On the way , they passed a friend and greeted him with a “ Ciao.
” Inside the crypt , it was hushed and each tomb was @ @ @ @ @ @ @ dead are honored .
It ’ s peaceful .
They crossed themselves and uttered prayers under their breath .
“ Give me a flower , ” Pietro said standing on a ladder in front of their mother ’ s tomb .
As with all the tombs , her tomb was adorned with a photograph and she seemed to peer warmly from out of the past .
“ A yellow one ?
” Angela replied , holding the bunch of flowers they were distributing .
He nodded .
“ One is enough ?
” @ @ @ @ @ @ @ All right.
” Pietro moved the ladder and climbed up a few rungs to their father ’ s tomb .
He put another flower gently into a vase .
His father , one of the many shepherds from Castelbuono who spent their lives walking in the rough mountainous terrain , had been honored again and in a way it seemed that all was right in the world — despite the pandemic .
On the way out of the crypt , Angela pointed to a photograph on a tomb of a man who died @ @ @ @ @ @ @ his life .
She shook her head somberly recalling this dead relative .
“ They killed this one , ” she said .
“ Why ?
The mafia.
” Outside the crypt , the cemetery felt like a cheery place on this beautifully calm and blue-sky November day with a chatter of voices gently echoing through the crypts .
On a pathway , a man opened a faucet to fill plastic bottles with water for the flowers at his family ’ s tombs .
Still , the feeling that this cemetery may see @ @ @ @ @ @ @ struck down by the coronavirus pandemic — is palpable .
She recalled her grandmother telling her about the terrible Spanish flu of a century ago .
“ But I had never seen anything like this.
” Having placed the last flower on a tomb , Pietro stopped at a faucet to wash his hands .
“ There ’ s no disinfectant .
So , excuse me , what am I to do ?
For good or not , ” he said and said it was better to wash his hands with cold water @ @ @ @ @ @ @ and turned the water on .
He said he was diligent about washing his hands .
“ Every time I enter a store to get something I use disinfectant or wash my hands.
” Back at the cemetery gate , Pietro gave an elbow bump to someone he knew well .
And then they went back through the gates and to the lives that awaited them among the living .
As with so many people in Castelbuono , though , this winter promises to be much longer , lonelier and sadder for them @ @ @ @ @ @ @ overwhelm out-of-the-way places like this .
Since the start of the pandemic , Castelbuono has endured the coronavirus pandemic quietly and without the horror of infections , with its citizens largely obeying the various decrees and rules put forth by the central authorities in Rome .
Now , at the beginning of November , there ’ s a new sense of dread as the surrounding region discovers among its first clusters of infections .
The streets , which were lively with banter , vendors in vehicles announcing their wares over loudspeakers and children @ @ @ @ @ @ @ are quiet and lacking in vitality .
“ Life is this now , ” an old man said , observing the near-empty main square on a recent afternoon .
With a cloth mask over his face , he sat with another pensioner at the entrance to a retirees ’ club where , in the past , old men played cards in the afternoons and evenings .
Those scenes , too , are seen much less often .
“ It ’ s sad , ” his friend said , his words muffled by a @ @ @ @ @ @ @ tourism .
There ’ s nothing.
” The annual festivities that enliven the calendar seem like a thing of the past : The town ’ s summer processions were cancelled ; there won ’ t be street festivals this autumn where chestnuts are roasted and meats grilled .
With the coronavirus spreading out of control in much of Europe , governments are imposing new lockdowns and restrictions in the hope to have the virus under control by Christmas .
But the prospect of a muted Christmas is growing too .
More than anything @ @ @ @ @ @ @ many other smaller towns and cities , there ’ s a fear that the virus is creeping closer .
In recent weeks , as Italy has seen a sharp increase in infections , confirmed infections have been found in neighboring towns .
About 14 miles away on the Tyrrhenian coast , a steady uptick of people testing positive has been recorded in Cefalu , a picturesque historic town famous for its Norman cathedral .
The latest count puts the number of infections at over 30 .
Closer still , a small mountain town @ @ @ @ @ @ @ infections .
It lies only 8 miles away .
Since the beginning of the pandemic , Castelbuono has largely been unscathed by the virus .
During the first wave , a few young people who ’ d returned home from abroad were found infected and were placed in quarantine .
In recent weeks , business owners were ordered to be tested and one merchant was found to be positive .
A later test though came back negative .
This week , the Italian government ordered bars and restaurants to close their doors by @ @ @ @ @ @ @ that short-circuited the normal patterns of Italian society that revolve around cafes , bars and restaurants .
In Castelbuono , people find it strange to see cafes where people once stood elbow to elbow gulping down espressos and aperitifs empty as darkness falls .
A walk down the main streets is quiet : The clink of dishes , the medley of voices at restaurant tables and flurry of activity in kitchens is gone .
“ It ’ s dire , ” said Marta Russo , a 28-year-old manager of Kilometro Zero , a @ @ @ @ @ @ @ .
She sat with her waiters and kitchen staff playing cards in the middle of the afternoon .
With no clients , there was little else to do .
She said small businesses are going to struggle to stay open .
With the new restrictions , some of her restaurant staff were being laid off , she said .
Restaurants and bars are being allowed to sell take-away items , but she said that won ’ t be enough to keep the whole staff employed .
“ How long will this blackout last @ @ @ @ @ @ @ the English word “ blackout ” to describe the new mini-lockdown .
“ And they ’ re talking about closing everything .
That would be bad.
” Towns like Castelbuono are already struggling to stay relevant in an age of globalized markets .
It , like so many towns in Sicily , is scarred by outmigration as young people head off to find work in northern cities .
The pandemic , it is feared , will make life in small towns like this one even more precarious .
But there is also a @ @ @ @ @ @ @ that the small shops are closing their doors permanently , despite the hardships and lack of visitors .
During the summer , when life in Italy largely went back to normal , even though there were far fewer international visitors , businesses enjoyed a rebound .
In Castelbuono , the void of international tourists was filled by a steady stream of Italian vacation goers .
“ During the summer , we worked , ” Russo said .
“ We did well with the Italians.
” But she wasn ’ t sure about the @ @ @ @ @ @ @ and doubted a small pizzeria and restaurant like hers could be a place where the virus could spread easily .
One thing she isn ’ t questioning , though , is the risk posed by the virus .
“ It ’ s dangerous , ” she said .
“ I have a brother who had a kidney transplant .
I ’ d feel guilty for the rest of my life if he got the virus because of me.
” So , for now she , like so many others here , is obeying @ @ @ @ @ @ @ to this pandemic .
“ At this point , we are dependent on masks , ” she said , smiling with a sense of morbid humor .
“ If you go out without a mask you feel something is wrong.
” Courthouse News reporter Cain Burdeau is based in the European Union .

“They killed this one,” she said. “Why? The mafia.”
Outside the crypt, the cemetery felt like a cheery place on this beautifully calm and blue-sky November day with a chatter of voices gently echoing through the crypts. On a pathway, a man opened a faucet to fill plastic bottles with water for the flowers at his family's tombs.
Still, the feeling that this cemetery may see new loved ones arrive in coffins — struck down by the coronavirus pandemic — is palpable.
“It's scary,” Angela said. “This pandemic is affecting everyone.”
She recalled her grandmother telling her about the terrible Spanish flu of a century ago.
“But I had never seen anything like this.”
Having placed the last flower on a tomb, Pietro stopped at a faucet to wash his hands.
“There's no disinfectant. So, excuse me, what am I to do? For good or not,” he said and said it was better to wash his hands with cold water than not at all. He stooped and turned the water on.
He said he was diligent about washing his hands. “Every time I enter a store to get something I use disinfectant or wash my hands.”
Pietro Bonomo washes his hands at a faucet in the cemetery in Castelbuono, Sicily, on All Saints' Day, Nov. 1, 2020, to avoid infection by the novel coronavirus. (Courthouse News photo / Cain Burdeau)
Back at the cemetery gate, Pietro gave an elbow bump to someone he knew well. And then they went back through the gates and to the lives that awaited them among the living.
As with so many people in Castelbuono, though, this winter promises to be much longer, lonelier and sadder for them as the pandemic spreads and threatens to overwhelm out-of-the-way places like this.
Since the start of the pandemic, Castelbuono has endured the coronavirus pandemic quietly and without the horror of infections, with its citizens largely obeying the various decrees and rules put forth by the central authorities in Rome.
Now, at the beginning of November, there's a new sense of dread as the surrounding region discovers among its first clusters of infections. The streets, which were lively with banter, vendors in vehicles announcing their wares over loudspeakers and children's play before the pandemic, are quiet and lacking in vitality.
“Life is this now,” an old man said, observing the near-empty main square on a recent afternoon. With a cloth mask over his face, he sat with another pensioner at the entrance to a retirees' club where, in the past, old men played cards in the afternoons and evenings. Those scenes, too, are seen much less often.
“It's sad,” his friend said, his words muffled by a mask. “There's no tourism. There's nothing.”
The annual festivities that enliven the calendar seem like a thing of the past: The town's summer processions were cancelled; there won't be street festivals this autumn where chestnuts are roasted and meats grilled.
With the coronavirus spreading out of control in much of Europe, governments are imposing new lockdowns and restrictions in the hope to have the virus under control by Christmas. But the prospect of a muted Christmas is growing too.
More than anything, in this town, like so many other smaller towns and cities, there's a fear that the virus is creeping closer. In recent weeks, as Italy has seen a sharp increase in infections, confirmed infections have been found in neighboring towns.
Pietro Bonomo and Angela Bonomo Occorso pay homage to dead family members at the cemetery in Castelbuono, Sicily, on All Saints' Day, Nov. 1, 2020. (Courthouse News photo / Cain Burdeau)
About 14 miles away on the Tyrrhenian coast, a steady uptick of people testing positive has been recorded in Cefalu, a picturesque historic town famous for its Norman cathedral. The latest count puts the number of infections at over 30.
Closer still, a small mountain town called Isnello has recorded a handful of infections. It lies only 8 miles away.
Since the beginning of the pandemic, Castelbuono has largely been unscathed by the virus. During the first wave, a few young people who'd returned home from abroad were found infected and were placed in quarantine. In recent weeks, business owners were ordered to be tested and one merchant was found to be positive. A later test though came back negative.
This week, the Italian government ordered bars and restaurants to close their doors by 6 p.m. It was a move that short-circuited the normal patterns of Italian society that revolve around cafes, bars and restaurants.
In Castelbuono, people find it strange to see cafes where people once stood elbow to elbow gulping down espressos and aperitifs empty as darkness falls. A walk down the main streets is quiet: The clink of dishes, the medley of voices at restaurant tables and flurry of activity in kitchens is gone.
“It's dire,” said Marta Russo, a 28-year-old manager of Kilometro Zero, a restaurant and pizzeria on the main street. She sat with her waiters and kitchen staff playing cards in the middle of the afternoon. With no clients, there was little else to do.
She said small businesses are going to struggle to stay open. With the new restrictions, some of her restaurant staff were being laid off, she said. Restaurants and bars are being allowed to sell take-away items, but she said that won't be enough to keep the whole staff employed.
“How long will this blackout last?” she said, humorously using the English word “blackout” to describe the new mini-lockdown. “And they're talking about closing everything. That would be bad.”
Pietro Bonomo places a flower at the tomb of a family member at the cemetery in Castelbuono, Sicily, on All Saints' Day. (Courthouse News photo / Cain Burdeau)
Towns like Castelbuono are already struggling to stay relevant in an age of globalized markets. It, like so many towns in Sicily, is scarred by outmigration as young people head off to find work in northern cities. The pandemic, it is feared, will make life in small towns like this one even more precarious.
But there is also a resilience here. There are no signs that the small shops are closing their doors permanently, despite the hardships and lack of visitors. During the summer, when life in Italy largely went back to normal, even though there were far fewer international visitors, businesses enjoyed a rebound.
In Castelbuono, the void of international tourists was filled by a steady stream of Italian vacation goers.
“During the summer, we worked,” Russo said. “We did well with the Italians.”
But she wasn't sure about the future.
“It's dire,” she repeated.
She questioned the new restrictions and doubted a small pizzeria and restaurant like hers could be a place where the virus could spread easily.
One thing she isn't questioning, though, is the risk posed by the virus.
“It's dangerous,” she said. “I have a brother who had a kidney transplant. I'd feel guilty for the rest of my life if he got the virus because of me.”
So, for now she, like so many others here, is obeying the rules and waiting for the end to this pandemic.
“At this point, we are dependent on masks,” she said, smiling with a sense of morbid humor. “If you go out without a mask you feel something is wrong.”
Courthouse News reporter Cain Burdeau is based in the European Union.


courthousenews--2020-11-03--Newsom Election Orders an Overreach, California Judge Rules

( CN ) — Amid the Covid-19 health crisis , a California judge ruled Monday that Governor Gavin Newsom exceeded his authority by amending state election law to require sending vote-by-mail ballots to all registered voters , calling the executive order “ an unconstitutional exercise of legislative power.
” The tentative ruling by Sutter County Superior Court Judge Sarah Heckman comes just one day before Election Day , though it will not change the outcome of the 2020 election in California .
Instead , the ruling reins in Newsom ’ s use of executive order to write new or amend @ @ @ @ @ @ @ California declared a state of emergency due to the Covid-19 pandemic .
In June , Newsom issued an executive order to send vote-by-mail ballots to all registered California voters .
The order also required local election officials to use a specific barcode to track ballots in the mail and changed hours of operation for polling places in certain counties leading up to the Nov. 3 general election .
In all , Newsom issued three executive orders during the state of emergency to address how voters would safely cast their ballots amidst the pandemic @ @ @ @ @ @ @ changed several state statutes have been issued by Newsom in the last several months , all under the California Emergency Services Act ( CESA ) .
The act allows a governor to issue orders and regulations and to suspend certain statutes during a state of emergency .
Republican lawmakers called Newsom ’ s orders an unprecedented wielding of power by one man .
California Assemblymen James Gallagher , R-Yuba City , and Kevin Kiley , R-Rocklin , introduced a bill to overturn California ’ s state of emergency .
They also filed suit @ @ @ @ @ @ @ into question the validity of Executive Order N-67-20 , issued June 3 .
While Heckman did not disturb the state of emergency , she issued a permanent injunction against Newsom .
She found the CESA “ does not authorize or empower the governor of the state of California to amend statutory law or make new statutory law , which is exclusively a legislative function not delegated to the governor under the CESA.
” She found “ the Constitution gives the legislative branch the exclusive authority to make law and the executive branch the @ @ @ @ @ @ @ faithfully executed.
” Heckman noted the parties ’ positions in the case are “ diametrically opposed ” regarding how the governor can wield his power .
In court filings , Newsom ’ s lawyers said that the executive order that altered election law has been rescinded .
But Heckman said there hasn ’ t been any official withdrawing of the order .
California lawmakers passed a separate bill that allowed for vote-by-mail ballots to be sent to voters , but Heckman said passing statutes alone did not render the matter moot .
She @ @ @ @ @ @ @ use the special barcode system that Newsom required in his executive order .
Newsom argued that former governors also altered election law during states of emergency .
Heckman rejected the examples , finding none of them amended or created statutory law .
“ To the contrary , the orders are all very limited in scope to suspend specific statutes , as the governor is expressly permitted to do under the CESA , but do not amend statutory law or create new statutes , ” wrote Heckman .
“ The distinction is key.
” @ @ @ @ @ @ @ Gallagher said the case is not a partisan issue .
“ The filing and ruling was to ensure that our democracy works the way it ’ s supposed to work , ” he said in a phone interview .
The representative said he ’ s worked with the Newsom administration in the past to bring relief for his constituents impacted by the 2018 Camp Fire .
Gallagher also voted in support of vote-by-mail ballots this year , but those types of decisions need to be made by the Legislature .
“ We don @ @ @ @ @ @ @ ’ re in an emergency , ” said Gallagher , who added that the court ’ s ruling does not cast doubt on the November elections .
Newsom ’ s press secretary Jesse Melgar said Heckman ’ s tentative ruling “ makes clear the governor ’ s statutory emergency authority is broad , and constitutional , and that the governor has the authority , necessary in emergencies , to suspend statutes and issue orders to protect Californians.
” To date , over 930,000 Californians have tested positive for the novel coronavirus that causes @ @ @ @ @ @ @ the disease since February .

Amid the Covid-19 health crisis, a California judge ruled Monday that Governor Gavin Newsom exceeded his authority by amending state election law to require sending vote-by-mail ballots to all registered voters, calling the executive order “an unconstitutional exercise of legislative power.”
(CN) — Amid the Covid-19 health crisis, a California judge ruled Monday that Governor Gavin Newsom exceeded his authority by amending state election law to require sending vote-by-mail ballots to all registered voters, calling the executive order “an unconstitutional exercise of legislative power.”
The tentative ruling by Sutter County Superior Court Judge Sarah Heckman comes just one day before Election Day, though it will not change the outcome of the 2020 election in California. Instead, the ruling reins in Newsom’s use of executive order to write new or amend existing laws.
This past March, California declared a state of emergency due to the Covid-19 pandemic. In June, Newsom issued an executive order to send vote-by-mail ballots to all registered California voters. The order also required local election officials to use a specific barcode to track ballots in the mail and changed hours of operation for polling places in certain counties leading up to the Nov. 3 general election.
In all, Newsom issued three executive orders during the state of emergency to address how voters would safely cast their ballots amidst the pandemic.
More than 50 different orders that changed several state statutes have been issued by Newsom in the last several months, all under the California Emergency Services Act (CESA). The act allows a governor to issue orders and regulations and to suspend certain statutes during a state of emergency.
Republican lawmakers called Newsom’s orders an unprecedented wielding of power by one man.
California Assemblymen James Gallagher, R-Yuba City, and Kevin Kiley, R-Rocklin, introduced a bill to overturn California’s state of emergency. They also filed suit in Sutter County Superior Court, calling into question the validity of Executive Order N-67-20, issued June 3.
While Heckman did not disturb the state of emergency, she issued a permanent injunction against Newsom. She found the CESA “does not authorize or empower the governor of the state of California to amend statutory law or make new statutory law, which is exclusively a legislative function not delegated to the governor under the CESA.”
She found “the Constitution gives the legislative branch the exclusive authority to make law and the executive branch the power to see that the law is faithfully executed.”
Heckman noted the parties’ positions in the case are “diametrically opposed” regarding how the governor can wield his power.
In court filings, Newsom’s lawyers said that the executive order that altered election law has been rescinded. But Heckman said there hasn’t been any official withdrawing of the order.
California lawmakers passed a separate bill that allowed for vote-by-mail ballots to be sent to voters, but Heckman said passing statutes alone did not render the matter moot. She noted local election officials still had to use the special barcode system that Newsom required in his executive order.
Newsom argued that former governors also altered election law during states of emergency. Heckman rejected the examples, finding none of them amended or created statutory law.
“To the contrary, the orders are all very limited in scope to suspend specific statutes, as the governor is expressly permitted to do under the CESA, but do not amend statutory law or create new statutes,” wrote Heckman. “The distinction is key.”
Despite the win for the GOP, Gallagher said the case is not a partisan issue.
“The filing and ruling was to ensure that our democracy works the way it’s supposed to work,” he said in a phone interview.
The representative said he’s worked with the Newsom administration in the past to bring relief for his constituents impacted by the 2018 Camp Fire. Gallagher also voted in support of vote-by-mail ballots this year, but those types of decisions need to be made by the Legislature.
“We don’t become an autocracy because we’re in an emergency,” said Gallagher, who added that the court’s ruling does not cast doubt on the November elections.
Newsom’s press secretary Jesse Melgar said Heckman’s tentative ruling “makes clear the governor’s statutory emergency authority is broad, and constitutional, and that the governor has the authority, necessary in emergencies, to suspend statutes and issue orders to protect Californians.”
To date, over 930,000 Californians have tested positive for the novel coronavirus that causes Covid-19. Nearly 18,000 have died of the disease since February.


courthousenews--2020-11-03--Telecoms Customers Take Fight Over NSA Spying Programs to Ninth Circuit

( CN ) — A Ninth Circuit judge laid out a catch-22 scenario Monday for five Verizon and AT & T customers fighting to revive a class action over what they claim is the government ’ s unlawful use of mass surveillance programs to spy on American citizens .
If the government did not collect plaintiffs ’ phone and internet records , their case must be dismissed for lack of standing .
If the government did unlawfully intercept their communications , the case must also be dismissed because merely disclosing that fact would reveal sensitive national security secrets .
“ @ @ @ @ @ @ @ that may not want to be revealed — the extent and the ability of the national government to surveil people in a mass way because then the persons who don ’ t want to be surveilled will know what methods of electronic communication they should not use , ” U.S .
Circuit Judge Carlos Bea , a George W. Bush appointee , said during a hearing Monday on an appeal in a 12-year-old lawsuit over the National Security Agency ’ s spying programs .
Lead plaintiff Carolyn Jewel sued the NSA in 2008 @ @ @ @ @ @ @ leaked a trove of classified records unveiling details about the NSA ’ s multiple warrantless spying programs in 2013 .
The lawsuit claims the NSA used three programs to spy on American citizens in a way that violates the First and Fourth Amendments , the Wiretap Act , Stored Communications Act and Foreign Intelligence Surveillance Act .
Those programs include the bulk collection of cellphone and landline records from phone companies , mass interception and searching of Americans ’ emails and other internet communications , and collection of metadata from internet communications , @ @ @ @ @ @ @ and “ from ” data from emails .
The government has acknowledged the existence of those programs .
It says the bulk collection of internet communications and metadata was discontinued and replaced with more targeted collection of data based on specific selection terms .
The bulk collection of phone records continues .
The government also maintains that revealing operational details for those programs , such as which telecom giants participated in them , would harm national security .
In April 2019 , U.S. District Judge Jeffery White issued summary judgment in favor of @ @ @ @ @ @ @ revealing whether classified evidence shows the NSA collected the plaintiffs ’ data would by itself threaten national security .
During an appeals court hearing Monday , plaintiffs ’ attorney Richard Wiebe argued that a 2019 Ninth Circuit ruling forbids dismissing a case just because the government invokes its state secrets privilege .
In Fazaga v. FBI , the Ninth Circuit reversed the dismissal of a lawsuit over mosque surveillance , finding the court should have reviewed classified evidence behind closed doors instead of dismissing constitutional claims based on the government ’ s assertion @ @ @ @ @ @ @ has until late December to appeal that decision to the Supreme Court .
In that case , the Ninth Circuit ruled that courts should use the procedures described in Section 1806 ( f ) of the Foreign Intelligence Surveillance Act of 1978 to review classified evidence behind closed doors to determine if a plaintiff has been subjected to unlawful surveillance .
“ That ’ s exactly what Congress intended to happen , ” Wiebe argued during the video conference hearing Monday .
Drawing a distinction , U.S. Justice Department lawyer Joseph Busa countered @ @ @ @ @ @ @ records only applies to the merits of a case , not when evaluating whether or not plaintiffs have standing to sue .
“ [ Section ] 1806 by its plain text doesn ’ t apply to standing , ” Busa said .
“ It only applies to the legality of surveillance.
” The plaintiffs also insist that publicly available evidence proves their communications were intercepted .
The public evidence includes a former AT & T technician detailing how the telecom giant routed internet traffic to a secret NSA-controlled room at an AT & @ @ @ @ @ @ @ , a 2009 NSA inspector general ’ s draft report naming telecom giants compelled to comply with surveillance programs , and a letter the government accidentally disclosed to The New York Times in 2015 identifying AT & T , Verizon and Sprint as companies that gave the NSA access to phone records .
Judge White refused to consider that evidence , finding it was based on speculation , insufficient facts or data , and records that the government refused to authenticate .
On Monday , Judge Bea questioned how a letter inadvertently disclosed @ @ @ @ @ @ @ public records request in 2015 proves that AT & T and Verizon complied with the NSA ’ s demands for access to records .
The document describes a primary order and states that no production of records is required without a secondary order .
“ Is there any evidence of the secondary order ?
” Bea asked .
The government maintains that simply revealing whether a plaintiff ’ s communications or data was illegally intercepted would allow foreign adversaries to determine , based on a plaintiff ’ s allegations , whether certain phone @ @ @ @ @ @ @ surveillance .
U.S .
Circuit Judge Margaret McKeown , a Bill Clinton appointee , asked how that information is not already available in the public domain .
“ We have the government acknowledging these programs publicly , ” McKeown said .
“ One of the programs is ongoing .
All of that is public , is it not ?
” Busa replied that although the government has acknowledged those programs existed , it has not revealed “ all operational details including which service providers may or may not have participated in each program @ @ @ @ @ @ @ program was carried out.
” The government released a Foreign Intelligence Surveillance Court order from 2013 that required Verizon Business Network Services to provide phone records to the NSA .
McKeown asked how that order combined with public acknowledgment of the programs are insufficient to establish standing to sue .
Citing the D.C.
Circuit ’ s 2014 ruling in Obama v. Klayman , Busa said the court can not speculate based on public knowledge of spying programs and the size of a telecom firm ’ s customer base that a company like Verizon @ @ @ @ @ @ @ .
“ Every plaintiff has to have evidence they were subject to the alleged program , ” Busa said .
In his final pitch to the panel , civil liberties attorney Wiebe argued that accepting the NSA ’ s position in this case would trap Americans in a perpetual catch-22 , never being able to hold the government accountable for illegally spying on its citizens .
“ The district court ’ s state secrets dismissal leaves citizens powerless to challenge any unlawful mass surveillance programs because those programs always involve secrets , ” @ @ @ @ @ @ @ Ronald Gould , also a Clinton appointee , joined Bea and McKeown on the panel .

A Ninth Circuit judge laid out a catch-22 scenario Monday for five Verizon and AT&T customers fighting to revive a class action over what they claim is the government’s unlawful use of mass surveillance programs to spy on American citizens.
(CN) — A Ninth Circuit judge laid out a catch-22 scenario Monday for five Verizon and AT&T customers fighting to revive a class action over what they claim is the government’s unlawful use of mass surveillance programs to spy on American citizens.
If the government did not collect plaintiffs’ phone and internet records, their case must be dismissed for lack of standing. If the government did unlawfully intercept their communications, the case must also be dismissed because merely disclosing that fact would reveal sensitive national security secrets.
“That’s exactly the state secret that may not want to be revealed — the extent and the ability of the national government to surveil people in a mass way because then the persons who don’t want to be surveilled will know what methods of electronic communication they should not use,” U.S. Circuit Judge Carlos Bea, a George W. Bush appointee, said during a hearing Monday on an appeal in a 12-year-old lawsuit over the National Security Agency’s spying programs.
Lead plaintiff Carolyn Jewel sued the NSA in 2008, long before NSA contractor Edward Snowden leaked a trove of classified records unveiling details about the NSA’s multiple warrantless spying programs in 2013.
The lawsuit claims the NSA used three programs to spy on American citizens in a way that violates the First and Fourth Amendments, the Wiretap Act, Stored Communications Act and Foreign Intelligence Surveillance Act. Those programs include the bulk collection of cellphone and landline records from phone companies, mass interception and searching of Americans’ emails and other internet communications, and collection of metadata from internet communications, such as timestamps and “to” and “from” data from emails.
The government has acknowledged the existence of those programs. It says the bulk collection of internet communications and metadata was discontinued and replaced with more targeted collection of data based on specific selection terms. The bulk collection of phone records continues. The government also maintains that revealing operational details for those programs, such as which telecom giants participated in them, would harm national security.
In April 2019, U.S. District Judge Jeffery White issued summary judgment in favor of the NSA. He concluded that simply revealing whether classified evidence shows the NSA collected the plaintiffs’ data would by itself threaten national security.
During an appeals court hearing Monday, plaintiffs’ attorney Richard Wiebe argued that a 2019 Ninth Circuit ruling forbids dismissing a case just because the government invokes its state secrets privilege. In Fazaga v. FBI, the Ninth Circuit reversed the dismissal of a lawsuit over mosque surveillance, finding the court should have reviewed classified evidence behind closed doors instead of dismissing constitutional claims based on the government’s assertion of state secrets privilege.
The government has until late December to appeal that decision to the Supreme Court.
In that case, the Ninth Circuit ruled that courts should use the procedures described in Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978 to review classified evidence behind closed doors to determine if a plaintiff has been subjected to unlawful surveillance.
“That’s exactly what Congress intended to happen,” Wiebe argued during the video conference hearing Monday.
Drawing a distinction, U.S. Justice Department lawyer Joseph Busa countered that the FISA procedure for reviewing classified records only applies to the merits of a case, not when evaluating whether or not plaintiffs have standing to sue.
“[Section] 1806 by its plain text doesn’t apply to standing,” Busa said. “It only applies to the legality of surveillance.”
The plaintiffs also insist that publicly available evidence proves their communications were intercepted. The public evidence includes a former AT&T technician detailing how the telecom giant routed internet traffic to a secret NSA-controlled room at an AT&T facility in San Francisco in 2003, a 2009 NSA inspector general’s draft report naming telecom giants compelled to comply with surveillance programs, and a letter the government accidentally disclosed to The New York Times in 2015 identifying AT&T, Verizon and Sprint as companies that gave the NSA access to phone records.
Judge White refused to consider that evidence, finding it was based on speculation, insufficient facts or data, and records that the government refused to authenticate.
On Monday, Judge Bea questioned how a letter inadvertently disclosed to The New York Times through a public records request in 2015 proves that AT&T and Verizon complied with the NSA’s demands for access to records. The document describes a primary order and states that no production of records is required without a secondary order.
“Is there any evidence of the secondary order?” Bea asked.
“We don’t have that secondary order,” Wiebe replied.
The government maintains that simply revealing whether a plaintiff’s communications or data was illegally intercepted would allow foreign adversaries to determine, based on a plaintiff’s allegations, whether certain phone or internet companies are subject to U.S. surveillance.
U.S. Circuit Judge Margaret McKeown, a Bill Clinton appointee, asked how that information is not already available in the public domain.
“We have the government acknowledging these programs publicly,” McKeown said. “One of the programs is ongoing. All of that is public, is it not?”
Busa replied that although the government has acknowledged those programs existed, it has not revealed “all operational details including which service providers may or may not have participated in each program and the specific details about how each program was carried out.”
The government released a Foreign Intelligence Surveillance Court order from 2013 that required Verizon Business Network Services to provide phone records to the NSA.
McKeown asked how that order combined with public acknowledgment of the programs are insufficient to establish standing to sue.
Citing the D.C. Circuit’s 2014 ruling in Obama v. Klayman, Busa said the court cannot speculate based on public knowledge of spying programs and the size of a telecom firm’s customer base that a company like Verizon must have provided data to the NSA.
“Every plaintiff has to have evidence they were subject to the alleged program,” Busa said.
In his final pitch to the panel, civil liberties attorney Wiebe argued that accepting the NSA’s position in this case would trap Americans in a perpetual catch-22, never being able to hold the government accountable for illegally spying on its citizens.
“The district court’s state secrets dismissal leaves citizens powerless to challenge any unlawful mass surveillance programs because those programs always involve secrets,” Wiebe said.
U.S. Circuit Judge Ronald Gould, also a Clinton appointee, joined Bea and McKeown on the panel.


Top Eight

Your Monday night briefing from the staff of Courthouse News Top eight CNS stories for today including President Trump and Joe Biden made their final campaign stops before Election Day ; Europe was thrust into a state of shock after armed terrorists attacked central Vienna ; A bid by Republicans to get more than 127,000 drive-thru votes tossed out as illegal in Texas ’ biggest county was rejected by a federal judge , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through @ @ @ @ @ @ @ eve of Election Day , President Donald Trump attacked his Democratic rival as unqualified and urged voters in the crucial battleground state of North Carolina to cast their ballots for him .
2 . )
Democratic challenger Joe Biden hammered President Donald Trump on his pandemic response at a drive-in event in Cleveland early Monday afternoon , one of his last campaign stops before Tuesday ’ s election .
3 . )
The Supreme Court refused Monday to wade into a contract dispute over television rights to out-of-market NFL games , but Justice @ @ @ @ @ @ @ battle ’ s chances .
4 . )
A bid by Republicans to get more than 127,000 drive-thru votes tossed out as illegal in Texas ’ biggest county was rejected Monday by a federal judge who found they lack standing .
5 . )
Joe Biden has a slight lead over President Donald Trump in the critical battleground state of Pennsylvania , according to Monday poll numbers from Monmouth University .
6 . )
Europe was thrust into a state of shock and even veered toward a war footing on Monday night after @ @ @ @ @ @ @ at least one person and wounded up to 15 others .
7 . )
Johnny Depp has spent the past two years contending that he never abused Amber Heard while they were married .
But on Monday , a British court ruled that the Sun tabloid newspaper did not libel the “ Pirates of the Caribbean ” star by labeling him a “ wife beater.
” 8 . )
Lockdowns are becoming Europe ’ s weapon of last resort as it fights a surge of the novel coronavirus , with British Prime Minister @ @ @ @ @ @ @ announce a national lockdown .

Top eight CNS stories for today including President Trump and Joe Biden made their final campaign stops before Election Day; Europe was thrust into a state of shock after armed terrorists attacked central Vienna; A bid by Republicans to get more than 127,000 drive-thru votes tossed out as illegal in Texas’ biggest county was rejected by a federal judge, and more.
Your Monday night briefing from the staff of Courthouse News
Top eight CNS stories for today including President Trump and Joe Biden made their final campaign stops before Election Day; Europe was thrust into a state of shock after armed terrorists attacked central Vienna; A bid by Republicans to get more than 127,000 drive-thru votes tossed out as illegal in Texas’ biggest county was rejected by a federal judge, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) On the eve of Election Day, President Donald Trump attacked his Democratic rival as unqualified and urged voters in the crucial battleground state of North Carolina to cast their ballots for him.
President Donald Trump speaks during a campaign rally at Fayetteville Regional Airport, Monday, Nov. 2, 2020, in Fayetteville, N.C. (AP Photo/Evan Vucci)
2.) Democratic challenger Joe Biden hammered President Donald Trump on his pandemic response at a drive-in event in Cleveland early Monday afternoon, one of his last campaign stops before Tuesday’s election.
Democratic presidential candidate former Vice President Joe Biden salutes after speaking at a rally at Cleveland Burke Lakefront Airport, Monday, Nov. 2, 2020, in Cleveland. (AP Photo/Andrew Harnik)
3.) The Supreme Court refused Monday to wade into a contract dispute over television rights to out-of-market NFL games, but Justice Brett Kavanaugh cast doubt on the antitrust battle’s chances.
Lambeau Field in Green Bay, Wis., home of the NFL's Green Bay Packers. (Courthouse News photo/Kevin Lessmiller)
Regional
4.) A bid by Republicans to get more than 127,000 drive-thru votes tossed out as illegal in Texas’ biggest county was rejected Monday by a federal judge who found they lack standing.
Demonstrators stand across the street from the federal courthouse in Houston, Monday, Nov. 2, 2020, before a hearing in federal court involving drive-thru ballots cast in Harris County. The lawsuit was brought by conservative Texas activists, who have railed against expanded voting access in Harris County, in an effort to invalidate nearly 127,000 votes in Houston because the ballots were cast at drive-thru polling centers established during the pandemic. (AP Photo/David J. Phillip)
5.) Joe Biden has a slight lead over President Donald Trump in the critical battleground state of Pennsylvania, according to Monday poll numbers from Monmouth University.
Democratic presidential candidate former Vice President Joe Biden speaks at a campaign event at Dallas High School in Dallas, Pa., Saturday, Oct. 24, 2020. (AP Photo/Andrew Harnik)
International
6.) Europe was thrust into a state of shock and even veered toward a war footing on Monday night after armed terrorists attacked central Vienna and killed at least one person and wounded up to 15 others.
Police officers walk at the scene after gunshots were heard, in Vienna, Monday, Nov. 2, 2020. Austrian police say several people have been injured and officers are out in force following gunfire in the capital Vienna. Initial reports that a synagogue was the target of an attack couldn't immediately be confirmed. Austrian news agency APA quoted the country's Interior Ministry saying one attacker has been killed and another could be on the run.(Photo/Ronald Zak)
7.) Johnny Depp has spent the past two years contending that he never abused Amber Heard while they were married. But on Monday, a British court ruled that the Sun tabloid newspaper did not libel the “Pirates of the Caribbean” star by labeling him a “wife beater.”
Actors Johnny Depp and Amber Heard arrive for the London premiere of their film “The Rum Diary” in November 2011. (AP Photo/Joel Ryan)
8.) Lockdowns are becoming Europe’s weapon of last resort as it fights a surge of the novel coronavirus, with British Prime Minister Boris Johnson becoming the latest leader to announce a national lockdown.


courthousenews--2020-11-02--Terrorists Attack Vienna, Sending Shockwaves Across Europe

( CN ) — Europe was thrust into a state of shock and even veered toward a war footing on Monday night after armed terrorists attacked central Vienna and killed at least one person and wounded up to 15 others .
The attack began at about 8 p.m. local time near Vienna ’ s main synagogue , the Stadttempel , and then advanced into a central part of the Austrian capital where bars and cafes were busy on the last night before a national lockdown is set to go into effect with the closing of nightlife venues .
Austrian authorities @ @ @ @ @ @ @ and several others were feared dead .
News reports said 15 people , including one police officer , were wounded in the attacks and that seven of those were in serious condition .
When the attack began , the synagogue was closed and there were no reports of injuries among its congregation .
At least one attacker was still on the run and another had been shot , news reports said .
Austrian Chancellor Sebastian Kurz called it a terrorist attack that was “ professionally ” orchestrated .
Social media was flooded with @ @ @ @ @ @ @ In the videos , men dressed in white were seen carrying rifles and jogging down streets in an apparent search for targets .
One video showed an assailant shooting a man on an empty street several times .
An attacker who was shot was reportedly wearing a belt with explosives .
Police said they were investigating six crime scenes .
Austrian authorities called it an apparent terrorist attack .
The assailants were not immediately identified , but it was believed the attacks were linked to Islamic extremism .
This brazen assault in Vienna @ @ @ @ @ @ @ and follows gruesome attacks in France .
Last week , an 18-year-old Tunisian man killed three people with a knife at a church in Nice , a southern French city .
Prior to that , a French middle school history teacher walking home was beheaded on Oct. 16 by an Islamic extremist , allegedly because the teacher had insulted Islam by showing his pupils controversial cartoons of the Prophet Mohammed during a civics class on freedom of expression .
The cartoons that Samuel Paty showed his class were published by the satirical French @ @ @ @ @ @ @ the magazine was targeted by Islamic terrorists in an attack that left 12 people dead .
A trial is taking place now over that attack .
At the center of the volatility is French President Emmanuel Macron and his increasingly aggressive stance against Islamic extremism .
France is waging a multipronged effort to push back against Islamic extremism both at home and within the wider region , most significantly in the sub-Saharan Sahel region of Africa , which was part of France ’ s colonial empire .
After the killing of Paty , @ @ @ @ @ @ @ ’ s efforts to rein in Islamic extremism in France .
French authorities are targeting Muslim groups deemed to be extremist and vowing to expel non-nationals considered dangerous .
France has the European Union ’ s largest Muslim population , largely due to France ’ s extensive colonial territorial possessions in Africa , such as in Algeria , Senegal and Sudan .
But Muslims in France suffer racism and poverty and they accuse Macron of enacting anti-Muslim policies for political gain .
Macron , like many other centrist leaders in Europe , is @ @ @ @ @ @ @ immigration and extremism from far-right , anti-Muslim politicians .
On Monday , Macron likened the attack on Vienna to an assault on Europe .
“ We French share the shock and grief of the Austrian people struck this evening by an attack in the heart of their capital , Vienna , ” the French president said on Twitter .
“ After France , a friendly country is attacked .
This is our Europe .
Our enemies must know who they are dealing with .
We will not give up.
” The attack in @ @ @ @ @ @ @ conflict between Turkey and Europe .
Turkish President Recep Tayyip Erdogan called for the boycott of French products after Macron announced a clampdown on Islamic extremism .
At the same time , Turkey has become increasingly assertive in North Africa and the Mediterranean Sea region by sending troops to intervene in the civil wars in Libya and Syria and by asserting mineral rights in the offshore waters claimed by Cyprus and Greece .
Courthouse News reporter Cain Burdeau is based in the European Union .

Europe was thrust into a state of shock and even veered toward a war footing on Monday night after a gunman opened fire in central Vienna, killing at least one person and wounding up to 15 others.
(CN) — Europe was thrust into a state of shock and even veered toward a war footing on Monday night after a gunman opened fire in central Vienna, killing at least one person and wounding up to 15 others.
The attack began at about 8 p.m. local time near Vienna's main synagogue, the Stadttempel, and then advanced into a central part of the Austrian capital where bars and cafes were busy on the last night before a national lockdown is to take effect with the closing of nightlife venues.
It was all over in nine minutes. After police shot and killed the gunman at the scene, news reports identified him as a 20-year-old Islamic State sympathizer with both Austrian and North Macedonian citizenship. He was released from an Austrian prison last December.
Austrian Chancellor Sebastian Kurz called it a terrorist attack that was “professionally” orchestrated.
Austrian authorities said the assailant killed four people and injured 22 more, including one police officer, leaving some in serious condition. When the attack began, the synagogue was closed and there were no reports of injuries among its congregation.
Social media was flooded with videos of the shootings. They show the shooter dressed in white, carrying a rifle as he jogs through the streets in an apparent search for targets. One video shows him shooting a man on an empty street several times. He was also reportedly wearing a belt with fake explosives.
Police said they were investigating six crime scenes. Austrian authorities called it an apparent terrorist attack. The assailants were not immediately identified, but it was believed the attacks were linked to Islamic extremism.
In this image made from video, police at the scene after gunshots were heard, in Vienna, Monday, Nov. 2, 2020. Austrian police say several people have been injured and officers are out in force following gunfire in the capital Vienna. Initial reports that a synagogue was the target of an attack couldn’t immediately be confirmed. Austrian news agency APA quoted the country’s Interior Ministry saying one attacker has been killed and another could be on the run. (AP Photo)
This brazen assault in Vienna comes at a volatile moment in Europe and follows gruesome attacks in France. Last week, an 18-year-old Tunisian man killed three people with a knife at a church in Nice, a southern French city. Prior to that, outside Paris on Oct. 16, an Islamic extremist beheaded Samuel Paty, a middle school history teacher, in the street after some Muslim families complained online that Paty had organized a lesson on the freedom of expression where he displayed cartoons of the Prophet Mohammed.
The cartoons were originally published in 2015 by the satirical French magazine Charlie Hebdo, the leading to a terrorist attack that left 12 people dead. A trial over that attack was underway but suspended this week because one of the defendants contracted Covid-19.
At the center of the volatility is French President Emmanuel Macron and his increasingly aggressive stance against Islamic extremism. France is waging a multipronged effort to push back against Islamic extremism both at home and within the wider region, most significantly in the sub-Saharan Sahel region of Africa, which was part of France's colonial empire.
After Paty's murder, Macron vowed to step up his government's efforts to rein in Islamic extremism in France. French authorities are targeting Muslim groups deemed to be extremist and vowing to expel nonnationals considered dangerous.
France has the European Union's largest Muslim population, largely due to France's extensive colonial territorial possessions in Africa, such as in Algeria, Senegal and Sudan. But Muslims in France suffer racism and poverty, and they accuse Macron of enacting anti-Muslim policies for political gain. Macron, like many other centrist leaders in Europe, is under pressure from far-right, anti-Muslim politicians to clamp down on Muslim immigration and extremism.
On Monday, Macron likened the attack on Vienna to an assault on Europe.
“We French share the shock and grief of the Austrian people struck this evening by an attack in the heart of their capital, Vienna,” the French president said on Twitter. “After France, a friendly country is attacked. This is our Europe. Our enemies must know who they are dealing with. We will not give up.”
The attack in Vienna also takes place amid an intensifying conflict between Turkey and Europe.
Turkish President Recep Tayyip Erdogan called for the boycott of French products after Macron announced a clampdown on Islamic extremism. At the same time, Turkey has become increasingly assertive in North Africa and the Mediterranean Sea region by sending troops to intervene in the civil wars in Libya and Syria and by asserting mineral rights in the offshore waters claimed by Cyprus and Greece.
Courthouse News reporter Cain Burdeau is based in the European Union.


courthousenews--2020-11-02--South Dakota AG ‘Distracted’ When He Struck, Killed Pedestrian

PIERRE , S.D ( CN ) — South Dakota Attorney General Jason Ravnsborg was distracted when he struck and killed a pedestrian in September , according to state Secretary of Safety Craig Price .
Ravnsborg told Hyde County police following the collision he believed he hit a deer .
When he returned to the collision site the following morning , he discovered the body of 55-year-old Joseph Boever .
A finding of distracted driving will be the ultimate determining factor if Ravnsborg faces charges , according to Price .
Ravnsborg was traveling westbound on the highway near Highmore , South @ @ @ @ @ @ @ a GOP Lincoln Day Dinners event at Rooster ’ s Bar & Grill on Sept. 12 when he struck Boever .
Ravnsborg claimed he had nothing to drink that evening and submitted to a toxicology test , taken 15 hours after the collision .
According to the crash report , Boever was walking on the shoulder of U.S. Highway 14 carrying a type of light .
Despite the crash report finding Boever was on the shoulder , Ravnsborg called 911 following the crash and told a dispatcher that he hit something “ in @ @ @ @ @ @ @ dispatcher then asked if he hit a deer , which Ravnsborg said was possible .
In a news conference Monday , Price and Governor Kristi Noem said the Highway Patrol ’ s investigation is largely complete though toxicology reports and the autopsy are pending .
Ravnsborg ’ s chief of staff Tim Bormann confirmed the attorney general had been on his way back from the event and had previously stated that Ravnsborg made it a practice not to drink at the Lincoln Day events .
Police have written Ravnsborg six traffic tickets for @ @ @ @ @ @ @ The U.S. Highway 14 speed limit in the area where the collision occurred is 65 miles per hour , though the speed Ravnsborg was traveling at is unknown .
A law passed by the South Dakota Legislature this year imposes fines and classifies texting and driving a primary offense .
However , the source of Ravnsborg ’ s distraction is not currently known .

South Dakota Attorney General Jason Ravnsborg was distracted when he struck and killed a pedestrian in September, according to state Secretary of Safety Craig Price.
PIERRE, S.D (CN) — South Dakota Attorney General Jason Ravnsborg was distracted when he struck and killed a pedestrian in September, according to state Secretary of Safety Craig Price.
Ravnsborg told Hyde County police following the collision he believed he hit a deer. When he returned to the collision site the following morning, he discovered the body of 55-year-old Joseph Boever.
A finding of distracted driving will be the ultimate determining factor if Ravnsborg faces charges, according to Price.
Ravnsborg was traveling westbound on the highway near Highmore, South Dakota, on his way home from a GOP Lincoln Day Dinners event at Rooster’s Bar & Grill on Sept. 12 when he struck Boever. Ravnsborg claimed he had nothing to drink that evening and submitted to a toxicology test, taken 15 hours after the collision.
According to the crash report, Boever was walking on the shoulder of U.S. Highway 14 carrying a type of light. Despite the crash report finding Boever was on the shoulder, Ravnsborg called 911 following the crash and told a dispatcher that he hit something “in the middle of the road.” The dispatcher then asked if he hit a deer, which Ravnsborg said was possible.
In a news conference Monday, Price and Governor Kristi Noem said the Highway Patrol's investigation is largely complete though toxicology reports and the autopsy are pending.
Ravnsborg’s chief of staff Tim Bormann confirmed the attorney general had been on his way back from the event and had previously stated that Ravnsborg made it a practice not to drink at the Lincoln Day events.
Police have written Ravnsborg six traffic tickets for speeding over the last six years. The U.S. Highway 14 speed limit in the area where the collision occurred is 65 miles per hour, though the speed Ravnsborg was traveling is unknown.
A law passed by the South Dakota Legislature this year imposes fines and classifies texting and driving a primary offense. However, the source of Ravnsborg’s distraction is not currently known.


courthousenews--2020-11-02--Feds Sued for Easing Regulations on Coal Ash

WASHINGTON ( CN ) — Coal ash , a top polluting waste in the United States second only to household trash , is flowing unchecked from power plants under President Donald Trump , nine conservation groups suing the Environmental Protection Agency claimed Monday .
In a petition for review of a rollback of Obama-era regulations filed with the D.C .
Circuit , the groups claim the EPA in August weakened national standards that limit toxic water pollution .
Hannah Connor , a senior attorney at the Center for Biological Diversity , called the rule change a gift to the fossil @ @ @ @ @ @ @ health .
“ Many power plants could easily adopt affordable technologies that dramatically reduce toxic discharges , but with this rule , the EPA is telling their polluter friends not to bother with these common-sense measures , ” Connor said in a statement .
The rollback adds to the long pattern of the Trump administration bowing to coal-power industry lobbyists , the petitioners argued .
An EPA spokesperson declined to comment on the pending litigation .
After being sued by some of the same groups that filed Monday ’ s petition , the @ @ @ @ @ @ @ ash rule , the first-ever regulation of coal ash clean up at hundreds of sites across the country .
Scientists warn the toxic residue can trigger health problems like cancer , reproductive failure and brain damage in children .
Failure to regulate the flow of toxic water can also increase the cost of drinking water , make some fish unsafe to eat and harm dozens of endangered species , including sea turtles and freshwater mussels , the petitioners warned .
The Environmental Integrity Project last year reported that toxins like arsenic , lead @ @ @ @ @ @ @ supplies near 265 coal plants or offsite coal ash disposal areas in 39 states and Puerto Rico .
“ The Clean Water Act requires each industry to catch up with the best performers — the plants with the best pollution control technology .
This rule does the exact opposite , and allows power plants to fall as low as the worst performers in the industry , ” Abel Russ , a senior attorney with the organization , said in a statement .
“ It won ’ t stand up in court.
” Back @ @ @ @ @ @ @ the now-voided Obama standards would stop 1.4 billion pounds of the toxic heavy metals from contaminating rivers and lakes each year .
Thomas Cmar , deputy managing attorney for Earthjustice ’ s coal program , said Monday that plants often mix coal ash with water to keep it from drifting in the wind .
The result is “ ponds ” of contaminated sludge that due to lack of regulations are unlined and seep into the groundwater , he added .
The Chesapeake Climate Action Network , Clean Water Action , Natural Resources Defense @ @ @ @ @ @ @ , Sierra Club and Waterkeeper Alliance joined the Center for Biological Diversity and the Environmental Integrity Project in filing Monday ’ s lawsuit .

Coal ash, a top polluting waste in the United States second only to household trash, is flowing unchecked from power plants under President Donald Trump, nine conservation groups suing the Environmental Protection Agency claimed Monday.
WASHINGTON (CN) — Coal ash, a top polluting waste in the United States second only to household trash, is flowing unchecked from power plants under President Donald Trump, nine conservation groups suing the Environmental Protection Agency claimed Monday.
In a petition for review of a rollback of Obama-era regulations filed with the D.C. Circuit, the groups claim the EPA in August weakened national standards that limit toxic water pollution.
Hannah Connor, a senior attorney at the Center for Biological Diversity, called the rule change a gift to the fossil fuel industry at the expense of public health.
“Many power plants could easily adopt affordable technologies that dramatically reduce toxic discharges, but with this rule, the EPA is telling their polluter friends not to bother with these common-sense measures,” Connor said in a statement.
The rollback adds to the long pattern of the Trump administration bowing to coal-power industry lobbyists, the petitioners argued. An EPA spokesperson declined to comment on the pending litigation.
After being sued by some of the same groups that filed Monday’s petition, the EPA in 2015 finalized the so-called coal ash rule, the first-ever regulation of coal ash clean up at hundreds of sites across the country. Scientists warn the toxic residue can trigger health problems like cancer, reproductive failure and brain damage in children.
Failure to regulate the flow of toxic water can also increase the cost of drinking water, make some fish unsafe to eat and harm dozens of endangered species, including sea turtles and freshwater mussels, the petitioners warned.
The Environmental Integrity Project last year reported that toxins like arsenic, lead, mercury and selenium had tainted water supplies near 265 coal plants or offsite coal ash disposal areas in 39 states and Puerto Rico.
“The Clean Water Act requires each industry to catch up with the best performers — the plants with the best pollution control technology. This rule does the exact opposite, and allows power plants to fall as low as the worst performers in the industry,” Abel Russ, a senior attorney with the organization, said in a statement. “It won’t stand up in court.”
Back in 2015, the EPA had projected the now-voided Obama standards would stop 1.4 billion pounds of the toxic heavy metals from contaminating rivers and lakes each year.
Thomas Cmar, deputy managing attorney for Earthjustice’s coal program, said Monday that plants often mix coal ash with water to keep it from drifting in the wind. The result is “ponds” of contaminated sludge that due to lack of regulations are unlined and seep into the groundwater, he added.
The Chesapeake Climate Action Network, Clean Water Action, Natural Resources Defense Council, PennEnvironment, Prairie Rivers Network, Sierra Club and Waterkeeper Alliance joined the Center for Biological Diversity and the Environmental Integrity Project in filing Monday’s lawsuit.


courthousenews--2020-11-02--California Courts Covid Update

California Courts Covid Update

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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.


Endangered Mussel

WASHINGTON — The U.S .
Fish and Wildlife Service agreed to list the Canoe Creek clubshell — a freshwater mussel @ @ @ @ @ , and will designate 36 miles of river as critical habitat .


courthousenews--2020-11-02--Federal Judge Refuses to Toss Houston Drive-Thru Votes

HOUSTON ( CN ) — A bid by Republicans to get more than 127,000 drive-thru votes tossed out as illegal in Texas ’ biggest county was rejected Monday by a federal judge who found they lack standing .
A Republican activist and three GOP candidates running for office sued Harris County Clerk Chris Hollins in federal court in the county seat Houston on Oct. 28 , just two days before the end of early voting in Texas .
They claimed that although the Texas Election Code limits curbside voting from vehicles only to people who are sick , disabled or @ @ @ @ @ @ @ in a polling place , Hollins had used the “ pandemic as his pretext ” to permit all Harris County registered voters to vote curbside or in drive-thru polls .
They asked U.S. District Judge Andrew Hanen , a George W. Bush appointee , to invalidate all the drive-thru votes cast so far by Harris County voters , in a record-breaking election season in which more than 1 million residents cast ballots before the last week of early voting .
“ When I took my job I took an oath to preserve and @ @ @ @ @ @ @ the United States and of this state and Judge Hanen , when he became a federal judge , he took that same oath and that ’ s why today he upheld the law , ” Hollins told reporters after the hearing .
“ The law is that the 127,000 voters who were eligible here in Harris County , who followed the rules , who cast their ballots fair and square , ” he added , “ those folks are Democrats and Republicans , old and young , urban , rural , black , @ @ @ @ @ @ @ , they represent the best of us , coming together to choose the next generation of leadership in this country.
” Due to social distancing concerns , Hanen only let reporters from a few outlets into the courtroom for Monday ’ s hearing , among them the Houston Chronicle , which said it had to get legal counsel to convince Hanen to lets its staff in .
The hearing was broadcast on a Zoom conference call for reporters who could not get in , but the arguments were hard to hear on the @ @ @ @ @ @ @ protesters gathered outside the courthouse Monday morning , holding American flags and signs that read “ Count Every Vote.
” Dorothy Lillig and her friend Aude Fauger , both Houston residents , said they cast their votes at the same polling place , a Houston Community College campus .
Lillig voted on a machine inside the building and Fauger and her husband voted from their vehicle , in a tent-covered drive-thru lane in the parking lot , on tablets election officials handed them .
“ And it was the same process , ” @ @ @ @ @ @ @ rolled out a trial run of drive-thru voting in July for primary runoffs and “ no one said anything , ” and said she didn ’ t know what the GOP challengers were trying to accomplish with their lawsuit “ other than they want fewer people to be able to vote easily and that ’ s a problem.
” Texas is one of five states this election season not giving all voters the option to vote by mail amid the pandemic .
The Texas Supreme Court ruled in May that fear of contracting @ @ @ @ @ @ @ of immunity to the disease , did not constitute a disability allowing people to vote by mail , and followed up with an order in September barring Hollins from executing his plan to send mail-in ballot applications to all the county ’ s 2.4 million registered voters .
Fauger said she believes all Texans should be able to vote by mail .
As a naturalized citizen from France , she said for many years she did not have the right to vote in U.S. election so now cherishes that right .
“ Why @ @ @ @ @ @ @ s perfectly legal and was approved and planned for ?
” she said .
In legal briefs , Hollins emphasized one state leader ’ s blessing of Harris County ’ s drive-thru voting in defending the method .
In a September hearing in a case over absentee ballot applications , Texas Elections Director Keith Ingram , a Republican , said drive-thru voting “ is “ a creative approach that is probably okay legally .
”

A bid by Republicans to get more than 127,000 drive-thru votes tossed out as illegal in Texas’ biggest county was rejected Monday by a federal judge who found they lack standing.
HOUSTON (CN) — A bid by Republicans to get more than 127,000 drive-thru votes tossed out as illegal in Texas’ biggest county was rejected Monday by a federal judge who found they lack standing.
A Republican activist and three GOP candidates running for office sued Harris County Clerk Chris Hollins in federal court in the county seat Houston on Oct. 28, just two days before the end of early voting in Texas.
They claimed that although the Texas Election Code limits curbside voting from vehicles only to people who are sick, disabled or whose health would be injured from voting in a polling place, Hollins had used the “pandemic as his pretext” to permit all Harris County registered voters to vote curbside or in drive-thru polls.
They asked U.S. District Judge Andrew Hanen, a George W. Bush appointee, to invalidate all the drive-thru votes cast so far by Harris County voters, in a record-breaking election season in which more than 1 million residents cast ballots before the last week of early voting.
In his order published Tuesday evening, Hanen explained that the plaintiffs could have filed their suit around the time drive-thru voting began in Harris County on Oct. 13.
"Instead, they waited until October 28, 2020 at 9:08 p.m. to file their complaint and did not file their actual motion for temporary relief until mid-day on October 30, 2020 — the last day of early voting," Hanen wrote. "The Court finds this delay is critical."
Hanen did find, however, that the tents used for voting at most of the drive-thru polling places in the county do not qualify as "'buildings' within the meaning of the Election Code."
"Consequently, this Court, had it found that standing existed, would have granted the injunction prospectively and enjoined drive-thru voting on Election Day and denied all other relief," Hanen wrote.
After the judge ruled from the bench, but before his order was published, Hollins expounded on the decision.
“When I took my job I took an oath to preserve and protect the constitution and the laws of the United States and of this state and Judge Hanen, when he became a federal judge, he took that same oath and that’s why today he upheld the law,” Hollins told reporters after the hearing.
“The law is that the 127,000 voters who were eligible here in Harris County, who followed the rules, who cast their ballots fair and square,” he added, “those folks are Democrats and Republicans, old and young, urban, rural, black, white, brown and everything in between, they represent the best of us, coming together to choose the next generation of leadership in this country.”
After Hanen's written order was released, and the plaintiffs appealed to the New Orleans-based Fifth Circuit Court of Appeal, Hollins announced that the county would only allow drive-thru voting at one location on Election Day: the Toyota Center.
"The Toyota Center DTV site fits the Judge's definition of a 'building': it is 'a structure with walls and a roof' and a 'permanent structure.' It is thus unquestionably a suitable location for Election Day voting," Hollins wrote on Twitter.
Shortly after Hollins' announcement, the Fifth Circuit denied plaintiffs' appeal late Monday evening.
A car-side voting location is empty at Prairie View A&M University Northwest polling station in Houston on Friday, Oct. 30, 2020. The location was one of the eight Harris County's 24-hour locations. (Elizabeth Conley/Houston Chronicle via AP)
Due to social distancing concerns, Hanen only let reporters from a few outlets into the courtroom for Monday’s hearing, among them the Houston Chronicle, which said it had to get legal counsel to convince Hanen to lets its staff in.
The hearing was broadcast on a Zoom conference call for reporters who could not get in, but the arguments were hard to hear on the scratchy line.
A group of 30 protesters gathered outside the courthouse Monday morning, holding American flags and signs that read “Count Every Vote.”


courthousenews--2020-11-02--Bail Set at $2M for Teen Accused in Wisconsin Shootings

( AP ) — Bail was set at $ 2 million on Monday for a 17-year-old from Illinois accused of killing two men during an August protest in Kenosha , Wisconsin , after the father of one victim told the court the teen “ thinks he ’ s above the law ” and would disappear if freed before the trial .
Kyle Rittenhouse , of Antioch , Illinois , is charged with fatally shooting Joseph Rosenbaum and Anthony Huber during a protest over a police shooting in August .
He is also charged with wounding a third man , Gaige @ @ @ @ @ @ @ police in Antioch the morning after the Aug. 25 shootings .
He was extradited to Wisconsin on Friday and made his initial court appearance in Kenosha County on Monday afternoon .
In addition to the homicide charges , Rittenhouse faces counts of attempted homicide , reckless endangerment and being a minor in possession of a firearm .
His attorney , Mark Richards , asked Court Commissioner Loren Keating to set bail at $ 750,000 and place Rittenhouse on electronic monitoring , arguing that the protesters had attacked the teen that night and that @ @ @ @ @ @ @ also argued that Rittenhouse tried to turn himself in seconds after the shootings but officers ignored him .
Video showed Rittenhouse walk past police vehicles with an assault-style weapon slung over his shoulder and his hands in the air .
No one stopped him even though protesters could be heard screaming that he had just shot people .
Police later explained that they didn ’ t arrest him at the scene because it was chaotic .
Assistant District Attorney Thomas Binger asked for $ 2 million bond , noting that Rittenhouse faces life @ @ @ @ @ @ @ charges , which makes him a flight risk .
“ The defendant doesn ’ t want to be here and if released won ’ t come back , ” Binger said .
Keating allowed Huber ’ s father , John Huber , to speak during the video hearing .
He asked the commissioner to set bail between $ 4 million and $ 10 million .
He said that Rittenhouse has become a rallying symbol for conservatives upset by the destruction of property during protests this year over police brutality .
People have been @ @ @ @ @ @ @ would gladly hide him from police , Huber alleged .
A legal defense fund for Rittenhouse has attracted millions of dollars in donations .
Rittenhouse ’ s mother got a standing ovation from women in the audience at a Waukesha County GOP function in September , according to a tweet from conservative commentator Michelle Malkin .
“ Kyle Rittenhouse thinks he ’ s above the law , ” Huber said .
“ He ’ s been treated as much by law enforcement .
For him to run wouldn ’ t surprise me.
” @ @ @ @ @ @ @ a skateboard before Rittenhouse shot him , but was he only trying to stop Rittenhouse , the father said .
“ Self-defense , that ’ s impossible , ” he said , growing more agitated as he spoke .
“ He had already killed a guy and tried to run .
My son was a hero .
He tried to stop him .
He was a hero .
Anyone who says otherwise is dead wrong , including the president .
How dare he.
” President Donald Trump has said Rittenhouse ’ s actions @ @ @ @ @ @ @ the protesters might have killed him .
Richards tried to object to Huber ’ s remarks , but Keating cut him off .
Keating set bail at $ 2 million , saying Rittenhouse has no ties to Kenosha , he fled the state after the shootings and he faces life in prison if convicted .
He ordered Rittenhouse not to have any contact with the victims ’ families or to possess any weapons if he ’ s released .
Rittenhouse attended the hearing via a video feed from jail and was wearing an @ @ @ @ @ @ @ jumpsuit .
He spoke only to say that he understood the conditions of his release .
The shootings happened two days after a white police officer trying to arrest Jacob Blake shot the 29-year-old Black man seven times in the back , paralyzing him from the waist down .
Video of the shooting sparked several nights of protests in Kenosha , a city of about 100,000 on the Wisconsin-Illinois border .

Bail was set at $2 million on Monday for a 17-year-old from Illinois accused of killing two men during an August protest in Kenosha, Wisconsin, after the father of one victim told the court the teen "thinks he's above the law" and would disappear if freed before the trial.
(AP) — Bail was set at $2 million on Monday for a 17-year-old from Illinois accused of killing two men during an August protest in Kenosha, Wisconsin, after the father of one victim told the court the teen "thinks he's above the law" and would disappear if freed before the trial.
Kyle Rittenhouse, of Antioch, Illinois, is charged with fatally shooting Joseph Rosenbaum and Anthony Huber during a protest over a police shooting in August. He is also charged with wounding a third man, Gaige Grosskreutz.
Rittenhouse turned himself in to police in Antioch the morning after the Aug. 25 shootings. He was extradited to Wisconsin on Friday and made his initial court appearance in Kenosha County on Monday afternoon.
In addition to the homicide charges, Rittenhouse faces counts of attempted homicide, reckless endangerment and being a minor in possession of a firearm.
His attorney, Mark Richards, asked Court Commissioner Loren Keating to set bail at $750,000 and place Rittenhouse on electronic monitoring, arguing that the protesters had attacked the teen that night and that Rittenhouse had fired in self-defense.
Richards also argued that Rittenhouse tried to turn himself in seconds after the shootings but officers ignored him. Video showed Rittenhouse walk past police vehicles with an assault-style weapon slung over his shoulder and his hands in the air. No one stopped him even though protesters could be heard screaming that he had just shot people. Police later explained that they didn't arrest him at the scene because it was chaotic.
Assistant District Attorney Thomas Binger asked for $2 million bond, noting that Rittenhouse faces life in prison if convicted of the homicide charges, which makes him a flight risk.
"The defendant doesn't want to be here and if released won't come back," Binger said.
Keating allowed Huber's father, John Huber, to speak during the video hearing. He asked the commissioner to set bail between $4 million and $10 million. He said that Rittenhouse has become a rallying symbol for conservatives upset by the destruction of property during protests this year over police brutality. People have been raising money for Rittenhouse and militia groups would gladly hide him from police, Huber alleged.
A legal defense fund for Rittenhouse has attracted millions of dollars in donations. Rittenhouse's mother got a standing ovation from women in the audience at a Waukesha County GOP function in September, according to a tweet from conservative commentator Michelle Malkin.
"Kyle Rittenhouse thinks he's above the law," Huber said. "He's been treated as much by law enforcement. For him to run wouldn't surprise me."
Huber's son hit Rittenhouse with a skateboard before Rittenhouse shot him, but was he only trying to stop Rittenhouse, the father said.
"Self-defense, that's impossible," he said, growing more agitated as he spoke. "He had already killed a guy and tried to run. My son was a hero. He tried to stop him. He was a hero. Anyone who says otherwise is dead wrong, including the president. How dare he."
President Donald Trump has said Rittenhouse's actions might have been warranted, suggesting that the protesters might have killed him.
Richards tried to object to Huber's remarks, but Keating cut him off.
Grosskreutz's attorney, Kimberley Motley, asked for $4 million bail, calling Rittenhouse's behavior "inexcusable."
Keating set bail at $2 million, saying Rittenhouse has no ties to Kenosha, he fled the state after the shootings and he faces life in prison if convicted. He ordered Rittenhouse not to have any contact with the victims' families or to possess any weapons if he's released.
Rittenhouse attended the hearing via a video feed from jail and was wearing an orange mask and a dark blue jail jumpsuit. He spoke only to say that he understood the conditions of his release.
The shootings happened two days after a white police officer trying to arrest Jacob Blake shot the 29-year-old Black man seven times in the back, paralyzing him from the waist down. Video of the shooting sparked several nights of protests in Kenosha, a city of about 100,000 on the Wisconsin-Illinois border.
By TODD RICHMOND Associated Press


Disabled Protesters

PORTLAND — Disability Rights Oregon and individual plaintiffs claim in a federal lawsuit that the city of Portland ’ s @ @ @ @ @ protesters with disabilities .


Destroyed Docs

PHOENIX — A federal court in Arizona dismissed a wrongful conviction lawsuit brought against the city of Phoenix by a @ @ @ @ @ 20 years on death row for the murder of her four-year-old son .
After her @ @ @ @ @ documents that would have been useful in supporting or discrediting her claims .


Asylum Determinations

WASHINGTON — A federal court in Washington struck down the Trump administration ’ s changes to the U.S .
Citizenship @ @ @ @ @ asylum-determination training manual titled “ Lesson Plan on Credible Fear of Persecution and Torture Determinations @ @ @ @ @ are “ manifestly inconsistent ” with the Immigration and Nationality Act .


Abortion Rulings

MONTGOMERY , Ala. — The Alabama Supreme Court dismissed a man ’ s wrongful death suit against an abortion clinic @ @ @ @ @ to his ex-girlfriend to end her pregnancy .
The suit did not comply with appellate @ @ @ @ @ in the case signed by four of the court ’ s justices urges the U.S. @ @ @ @ @ abortion rulings Roe v. Wade and Planned Parenthood v. Casey , and encourages “ other @ @ @ @ @ raise their judicial voices ” by pointing out “ constitutional infirmities ” of the rulings @


Discrimination Policies

GRAND RAPIDS , Mich. — A federal court in Michigan dismissed a civil rights suit brought by parents of school-age @ @ @ @ @ Christian faith , claimed the Williamston Community School District Board ’ s policies prohibiting discrimination @ @ @ @ @ gender identity and expression have a “ chilling effect on their children ’ s freedom @ @ @ @ @ ”


Immunity

ATLANTA — Three sheriff ’ s deputies indicted on felony murder and other charges for tasing a Black man to @ @ @ @ @ , the Georgia Supreme Court ruled .
A homeowner called 911 after the man requested @ @ @ @ @ a hot day .
The man proceeded to walk down the street after he was @ @ @ @ @ court ruled there was “ no legal basis ” to detain the man for loitering @


courthousenews--2020-11-05--Trump Backers Converge on Vote Centers in Michigan, Arizona

( AP ) — Dozens of angry supporters of President Donald Trump converged on vote-counting centers in Detroit and Phoenix as the returns went against him Wednesday in the two key states , while thousands of anti-Trump protesters demanding a complete tally of the ballots in the still-undecided election took to the streets in cities across the U.S. “ Stop the count !
” the Trump supporters chanted in Detroit .
“ Stop the steal !
” they said in Phoenix .
The protests came as the president insisted without evidence that there were major problems with the voting and @ @ @ @ @ @ @ votes , and as Republicans filed suit in various states over the election .
Wearing Trump gear , the Phoenix protesters filled much of the parking lot at the Maricopa County election center , and members of the crowd chanted , “ Fox News sucks !
” in anger over the network declaring Joe Biden the winner in Arizona .
U.S. Representative Paul Gosar , an Arizona Republican and staunch Trump supporter , joined the crowd , declaring : “ We ’ re not going to let this election be stolen .
Period.
@ @ @ @ @ @ @ political parties were inside the election center as ballots were processed and counted , and the procedure was live-streamed online at all times .
Several sheriff ’ s deputies blocked the entrance to the building .
And the vote-counting went on into the night , Maricopa County Elections Department spokeswoman Megan Gilbertson said .
Two top county officials — one a Democrat , the other a Republican — issued a statement expressing concern about how misinformation had spread about the integrity of the election process .
“ Everyone should want all the votes @ @ @ @ @ @ @ mailed or cast in person , ” said the statement signed by Clint Hickman , the GOP chair of the Maricopa County Board of Supervisors , and Democratic Supervisor Steve Gallardo .
“ An accurate vote takes time .
… This is evidence of democracy , not fraud.
” Meanwhile , from New York City to Seattle , thousands of demonstrators turned out to demand that every vote be tallied .
In Portland , Oregon , which has been a scene of regular protests for months , Governor Kate Brown called out the @ @ @ @ @ @ @ authorities said was widespread violence downtown , including smashing windows .
Protesters in Portland were demonstrating about a range of issues , including police brutality and the counting of the vote .
“ It ’ s important to trust the process , and the system that has ensured free and fair elections in this country through the decades , even in times of great crisis , ” Brown said in a statement .
“ We are all in this together.
” Richard March came to an anti-Trump demonstration in Portland despite a heart @ @ @ @ @ @ @ .
“ To cast doubt on this election has terrible consequences for our democracy , ” he said .
“ I think we are a very polarized society now — and I ’ m worried about what ’ s going to come in the next days and weeks and months.
” In New York , hundreds of people paraded past boarded-up luxury stores on Manhattan ’ s Fifth Avenue , and in Chicago , demonstrators marched through downtown and along a street across the river from Trump Tower .
Similar protests — sometimes @ @ @ @ @ @ @ inequality — took place in at least a half-dozen cities , including Los Angeles , Houston , Pittsburgh , Minneapolis and San Diego .
The confrontation in Detroit started shortly before The Associated Press declared that Biden had won Michigan .
Video shot by local media showed angry people gathered outside the TCF Center and inside the lobby , with police officers lined up to keep them from entering the vote-counting area .
They chanted , “ Stop the count !
” and “ Stop the vote !
” Earlier , the Republican @ @ @ @ @ @ @ halt the count , demanding Michigan ’ s Democratic secretary of state allow in more inspectors .
Michigan Attorney General Dana Nessel , a Democrat , insisted both parties and the public had been given access to the tallying , “ using a robust system of checks and balances to ensure that all ballots are counted fairly and accurately.
” Michigan has been on edge for months over fears of political violence .
Anti-government protesters openly carried guns into the state Capitol during protests over coronavirus restrictions in the spring , and six @ @ @ @ @ @ @ of plotting to kidnap Democratic Gov .
Gretchen Whitmer On Election Night , scattered protests broke after voting ended , stretching from Washington , D.C. , to Seattle , but there was no widespread unrest or significant violence .
The prolonged task of counting this year ’ s deluge of mail-in votes raised fears that the lack of clarity in the presidential race could spark unrest .
By MIKE HOUSEHOLDER and TIM SULLIVAN Associated Press

Dozens of angry supporters of President Donald Trump converged on vote-counting centers in Detroit and Phoenix as the returns went against him Wednesday in the two key states, while thousands of anti-Trump protesters demanding a complete tally of the ballots in the still-undecided election took to the streets in cities across the U.S.
(AP) — Dozens of angry supporters of President Donald Trump converged on vote-counting centers in Detroit and Phoenix as the returns went against him Wednesday in the two key states, while thousands of anti-Trump protesters demanding a complete tally of the ballots in the still-undecided election took to the streets in cities across the U.S.
“Stop the count!” the Trump supporters chanted in Detroit. “Stop the steal!” they said in Phoenix.
The protests came as the president insisted without evidence that there were major problems with the voting and the ballot counting, especially with mail-in votes, and as Republicans filed suit in various states over the election.
Wearing Trump gear, the Phoenix protesters filled much of the parking lot at the Maricopa County election center, and members of the crowd chanted, “Fox News sucks!” in anger over the network declaring Joe Biden the winner in Arizona.
U.S. Representative Paul Gosar, an Arizona Republican and staunch Trump supporter, joined the crowd, declaring: “We're not going to let this election be stolen. Period.”
However, observers from both major political parties were inside the election center as ballots were processed and counted, and the procedure was live-streamed online at all times.
Several sheriff's deputies blocked the entrance to the building. And the vote-counting went on into the night, Maricopa County Elections Department spokeswoman Megan Gilbertson said.
Two top county officials — one a Democrat, the other a Republican — issued a statement expressing concern about how misinformation had spread about the integrity of the election process.
“Everyone should want all the votes to be counted, whether they were mailed or cast in person,” said the statement signed by Clint Hickman, the GOP chair of the Maricopa County Board of Supervisors, and Democratic Supervisor Steve Gallardo. “An accurate vote takes time. ... This is evidence of democracy, not fraud.”
Meanwhile, from New York City to Seattle, thousands of demonstrators turned out to demand that every vote be tallied.
In Portland, Oregon, which has been a scene of regular protests for months, Governor Kate Brown called out the National Guard as demonstrators engaged in what authorities said was widespread violence downtown, including smashing windows. Protesters in Portland were demonstrating about a range of issues, including police brutality and the counting of the vote.
“It’s important to trust the process, and the system that has ensured free and fair elections in this country through the decades, even in times of great crisis,” Brown said in a statement. “We are all in this together.”
Richard March came to an anti-Trump demonstration in Portland despite a heart condition that makes him vulnerable to Covid-19.
“To cast doubt on this election has terrible consequences for our democracy,” he said. “I think we are a very polarized society now — and I’m worried about what’s going to come in the next days and weeks and months.”
In New York, hundreds of people paraded past boarded-up luxury stores on Manhattan’s Fifth Avenue, and in Chicago, demonstrators marched through downtown and along a street across the river from Trump Tower.
Similar protests — sometimes about the election, sometimes about racial inequality — took place in at least a half-dozen cities, including Los Angeles, Houston, Pittsburgh, Minneapolis and San Diego.
The confrontation in Detroit started shortly before The Associated Press declared that Biden had won Michigan.
Video shot by local media showed angry people gathered outside the TCF Center and inside the lobby, with police officers lined up to keep them from entering the vote-counting area. They chanted, "Stop the count!” and “Stop the vote!”
Earlier, the Republican campaign filed suit in a bid to halt the count, demanding Michigan's Democratic secretary of state allow in more inspectors.
Michigan Attorney General Dana Nessel, a Democrat, insisted both parties and the public had been given access to the tallying, “using a robust system of checks and balances to ensure that all ballots are counted fairly and accurately.”
Michigan has been on edge for months over fears of political violence. Anti-government protesters openly carried guns into the state Capitol during protests over coronavirus restrictions in the spring, and six men were arrested last month on charges of plotting to kidnap Democratic Gov. Gretchen Whitmer
On Election Night, scattered protests broke after voting ended, stretching from Washington, D.C., to Seattle, but there was no widespread unrest or significant violence.
The prolonged task of counting this year's deluge of mail-in votes raised fears that the lack of clarity in the presidential race could spark unrest.
By MIKE HOUSEHOLDER and TIM SULLIVAN Associated Press


Border Wall

SAN FRANCISCO — The La Posta Band of Diegueño Mission Indians was properly denied a preliminary injunction in its case @ @ @ @ @ San Diego and Imperial County , California , the Ninth Circuit ruled .
The tribe @ @ @ @ @ be harmed by the construction but the government says such grounds have not been documented @ @ @ @


Chipotle Settlment

SAN FRANCISCO — A federal court in California granted final approval of a class action settlement with Chipotle in a @ @ @ @ @ “ non-GMO ” claims about its food .


Judicial Election Ad

NEW ORLEANS — A candidate for judge in the Civil District Court for the Parish of Orleans was properly enjoined @ @ @ @ @ that claimed her opponent , the incumbent , did not pay child support for 13 @ @ @ @ @ in Louisiana ruled .
There was no order to pay child support and the incumbent @ @ @ @ @ to his former wife under a consent judgment .


Noise and Nuisance

NEW YORK — A woman was properly convicted of “ creating a loud noise and nuisance ” at a federal @ @ @ @ @ argument with security officers who wouldn ’ t let her enter an office , the @ @ @ @ @ woman claimed she had no idea her conduct was illegal but the circuit court said @ @ @ @ @ understand that shouting at security officers in a courthouse ” is not an innocent act @


Nativity Scene

NEW ALBANY , Ind .
— A federal court in Indiana denied a county ’ s request for a stay @ @ @ @ @ that prohibited it from displaying a nativity scene on courthouse grounds .