courthousenews--2020-11-25--NOAA Denies Petition to Delist Arctic Ringed Seals

( CN ) — The National Oceanic and Atmospheric Administration announced Wednesday it would decline to delist the Arctic subspecies of ringed seals from the Endangered Species Act listing , citing a lack of evidence the creatures have recovered .
“ We find that the petition and information readily available in our files does not present new information or analyses that had not been previously considered and therefore does not present substantial scientific or commercial information indicating that the petitioned action may be warranted , ” the agency said in a 90-day petition finding published on the federal register .
@ @ @ @ @ @ @ agency did vow to undertake a five-year review to update the science relating to the endangered seal .
The subspecies of ringed seals live amid the vast stretches of Arctic sea ice-flecked Alaska coastline , which is being rapidly altered due to accelerated melting of the sea ice as a result of increasing global temperatures .
Ringed seals are characterized by dark spots surrounded by light grey rings and are vital prey for polar bears and killer whales .
Indigenous Arctic peoples also consider ringed seals as one of the primary staples of @ @ @ @ @ @ @ 2 million Arctic ringed seals worldwide , according to NOAA , but no accurate estimate exists .
Environmental groups hailed NOAA ’ s decision Wednesday , saying it was necessary to stave off steep population declines brought about by climate change .
“ This recommendation underscores the strong scientific evidence showing that climate change threatens the ringed seals ’ existence , ” said Kristen Monsell , ocean legal director for the Center for Biological Diversity .
“ Even the Trump administration can ’ t deny that these adorable little seals need the protections @ @ @ @ @ @ @ Arctic subspecies of ringed seals was first listed in 2012 , during the Barack Obama administration .
The state of Alaska along with the American Petroleum Institute sued at the time but , the Ninth Circuit upheld the listing .
Both entities were on the petition that asked the federal agency to review the listing .
The Iñupiat Community of the Arctic Slope also signed onto the petition asking for delisting , saying the application of endangered species protections to the animal made it difficult for the Alaskan Native American tribe to fish @ @ @ @ @ @ @ generations .
The Trump administration agreed to a deal with the Center for Biological Diversity to preserve vast swaths of Arctic sea ice and Alaskan coastline for the ringed seal , and its cousin the bearded seal , which also roams the habitat .
Environmental fights in and around Alaska have been a constant during the Trump administration , with closely watched natural resource extraction projects proposed for the Arctic National Wildlife Refuge , the Tongass National Forest and Bristol Bay .
The Center for Biological Diversity said stopping those projects , particularly @ @ @ @ @ @ @ extraction , are a key to preserve the ringed seal population levels .
“ The feds must stop approving drilling in their Arctic habitat , ” Monsell said .
With Trump ’ s loss and impending exit from the White House , many of those fights are likely to shift to favor environmentalists and those opposed to oil and gas extraction .
But those fights could always swing back depending on who occupies the White House four years and 52 days from now .

The National Oceanic and Atmospheric Administration announced Wednesday it would decline to delist the Arctic subspecies of ringed seals from the Endangered Species Act listing, citing a lack of evidence the creatures have recovered.
(CN) — The National Oceanic and Atmospheric Administration announced Wednesday it would decline to delist the Arctic subspecies of ringed seals from the Endangered Species Act listing, citing a lack of evidence the creatures have recovered.
“We find that the petition and information readily available in our files does not present new information or analyses that had not been previously considered and therefore does not present substantial scientific or commercial information indicating that the petitioned action may be warranted,” the agency said in a 90-day petition finding published on the federal register.
Despite Wednesday’s denial, the agency did vow to undertake a five-year review to update the science relating to the endangered seal.
The subspecies of ringed seals live amid the vast stretches of Arctic sea ice-flecked Alaska coastline, which is being rapidly altered due to accelerated melting of the sea ice as a result of increasing global temperatures.
Ringed seals are characterized by dark spots surrounded by light grey rings and are vital prey for polar bears and killer whales. Indigenous Arctic peoples also consider ringed seals as one of the primary staples of their diet.
There are an estimated 2 million Arctic ringed seals worldwide, according to NOAA, but no accurate estimate exists.
Environmental groups hailed NOAA’s decision Wednesday, saying it was necessary to stave off steep population declines brought about by climate change.
“This recommendation underscores the strong scientific evidence showing that climate change threatens the ringed seals’ existence,” said Kristen Monsell, ocean legal director for the Center for Biological Diversity. “Even the Trump administration can’t deny that these adorable little seals need the protections of the Endangered Species Act.”
The Arctic subspecies of ringed seals was first listed in 2012, during the Barack Obama administration. The state of Alaska along with the American Petroleum Institute sued at the time but, the Ninth Circuit upheld the listing. Both entities were on the petition that asked the federal agency to review the listing.
The Iñupiat Community of the Arctic Slope also signed onto the petition asking for delisting, saying the application of endangered species protections to the animal made it difficult for the Alaskan Native American tribe to fish a species they have hunted for innumerable generations.
The Trump administration agreed to a deal with the Center for Biological Diversity to preserve vast swaths of Arctic sea ice and Alaskan coastline for the ringed seal, and its cousin the bearded seal, which also roams the habitat.
Environmental fights in and around Alaska have been a constant during the Trump administration, with closely watched natural resource extraction projects proposed for the Arctic National Wildlife Refuge, the Tongass National Forest and Bristol Bay.
The Center for Biological Diversity said stopping those projects, particularly those that call for oil and gas extraction, are a key to preserve the ringed seal population levels.
“The feds must stop approving drilling in their Arctic habitat,” Monsell said.
With Trump’s loss and impending exit from the White House, many of those fights are likely to shift to favor environmentalists and those opposed to oil and gas extraction. But those fights could always swing back depending on who occupies the White House four years and 52 days from now.


courthousenews--2020-11-25--Plot to Shake Up Census on Track for Supreme Court Redux

WASHINGTON ( CN ) — President Donald Trump faces an uncertain path in taking his election challenge to the U.S. Supreme Court , but his bid to dramatically change the census will take center stage Monday at oral arguments .
A ruling in his favor could allow the White House to exclude undocumented immigrants from the count used to apportion seats in Congress .
Trump ’ s efforts met with defeat , however , from the last court to consider the case .
In September , a three-judge panel with the Southern District of New York found called his changes @ @ @ @ @ @ @ granted to the president.
” The case erupted months earlier when Trump announced that he would order the Commerce Department to exclude undocumented immigrants in the census reporting used to determine states ’ seats in the House of Representatives .
Population counts have been conducted regardless of immigration status for hundreds of years , and Trump ’ s proposal abruptly changes that .
Joined by nearly 20 states , 10 cities and five counties , New York Attorney General Letitia James claim in the underlying lawsuit that Trump ’ s plan harkens back @ @ @ @ @ @ @ that limited which “ persons ” were counted for political purposes .
The Supreme Court took up the case in October , over a year after the court unanimously overruled the Trump administration ’ s last census shakeup , which sought to add a citizenship question to the decennial poll .
Some 30 briefs from friends of the court have been filed in the case by entities like the U.S. House of Representatives and a group of former Census Bureau directors .
Pillsbury Law partner Blaine Green , who filed an amicus brief @ @ @ @ @ @ @ the United States , told Courthouse News that the stakes in this case are high .
“ The Constitution expressly requires that ‘ representatives be apportioned among the several states according to their respective numbers , counting the whole number of persons in each state , ’ ” Green said in an email .
“ By contravening the Constitution ’ s clear apportionment mandate , the memorandum — if implemented — would erode trust in our Constitutional system , democracy and the rule of law.
” Green emphasized that the case is about @ @ @ @ @ @ @ If immigrants are excluded [ from the apportionment base ] , then those states with the largest populations of undocumented immigrants are likely to lose seats in the House of Representatives , ” Green wrote .
“ This would undermine the representative nature of our democracy , shifting representation and power away from states with more immigrants.
” States with the greatest immigrant populations , California and Texas , would be most likely to lose one or more seats in the House of Representatives , and Green said New York , Florida and @ @ @ @ @ @ @ But the ramifications would be felt by residents throughout these states as the number of seats a geographic area holds in Congress would correspond to a change in federal funding .
“ When a state is underrepresented in Congress , all its constituents — regardless of immigration status — suffer from having to ‘ share ’ their representative and federal resource allocation with more of their neighbors than do residents of other states , ” Green said .
In light of the Covid-19 pandemic , the lawyer added , federal funding for locally @ @ @ @ @ @ @ At least 300 programs created by Congress rely on census-specific data to apportion approximately $ 800 billion dollars annually to state and local governments , ” Green wrote .
“ This includes federally funded health , housing , and education programs that are critical to supporting the needs of local communities.
” The White House has defended its proposal as “ more consonant with the principles of representative democracy.
” “ Affording congressional representation , and therefore formal political influence , to states on account of the presence within their borders of aliens @ @ @ @ @ @ @ secure a lawful immigration status under our laws undermines those principles , ” Trump wrote in July .
In the months since the case has developed , conservative Justice Amy Coney Barrett has replaced the late liberal Justice Ruth Bader Ginsburg .
The Department of Justice did not immediately respond to a request for comment on this case nor did plaintiff attorney Dale Ho , with the American Civil Liberties Union .

President Donald Trump faces an uncertain path in taking his election challenge to the U.S. Supreme Court, but his bid to dramatically change the census will take center stage Monday at oral arguments.
WASHINGTON (CN) — President Donald Trump faces an uncertain path in taking his election challenge to the U.S. Supreme Court, but his bid to dramatically change the census will take center stage Monday at oral arguments.
A ruling in his favor could allow the White House to exclude undocumented immigrants from the count used to apportion seats in Congress.
Trump’s efforts met with defeat, however, from the last court to consider the case. In September, a three-judge panel with the Southern District of New York found called his changes “an unlawful exercise of the authority granted to the president.”
The case erupted months earlier when Trump announced that he would order the Commerce Department to exclude undocumented immigrants in the census reporting used to determine states’ seats in the House of Representatives. Population counts have been conducted regardless of immigration status for hundreds of years, and Trump’s proposal abruptly changes that.
Joined by nearly 20 states, 10 cities and five counties, New York Attorney General Letitia James claim in the underlying lawsuit that Trump’s plan harkens back to slavery-era rules from 150 years ago that limited which “persons” were counted for political purposes.
The Supreme Court took up the case in October, over a year after the court unanimously overruled the Trump administration’s last census shakeup, which sought to add a citizenship question to the decennial poll.
Some 30 briefs from friends of the court have been filed in the case by entities like the U.S. House of Representatives and a group of former Census Bureau directors.
Pillsbury Law partner Blaine Green, who filed an amicus brief for the League of Women Voters of the United States, told Courthouse News that the stakes in this case are high.
“The Constitution expressly requires that ‘representatives be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state,’” Green said in an email. “By contravening the Constitution’s clear apportionment mandate, the memorandum — if implemented — would erode trust in our Constitutional system, democracy and the rule of law.”
Green emphasized that the case is about representative democracy and political power.
“If immigrants are excluded [from the apportionment base], then those states with the largest populations of undocumented immigrants are likely to lose seats in the House of Representatives,” Green wrote. “This would undermine the representative nature of our democracy, shifting representation and power away from states with more immigrants.”
States with the greatest immigrant populations, California and Texas, would be most likely to lose one or more seats in the House of Representatives, and Green said New York, Florida and New Jersey could also see losses.
But the ramifications would be felt by residents throughout these states as the number of seats a geographic area holds in Congress would correspond to a change in federal funding.
“When a state is underrepresented in Congress, all its constituents — regardless of immigration status — suffer from having to ‘share’ their representative and federal resource allocation with more of their neighbors than do residents of other states,” Green said.
In light of the Covid-19 pandemic, the lawyer added, federal funding for locally administered programs is especially important.
“At least 300 programs created by Congress rely on census-specific data to apportion approximately $800 billion dollars annually to state and local governments,” Green wrote. “This includes federally funded health, housing, and education programs that are critical to supporting the needs of local communities.”
The White House has defended its proposal as “more consonant with the principles of representative democracy.”
“Affording congressional representation, and therefore formal political influence, to states on account of the presence within their borders of aliens who have not followed the steps to secure a lawful immigration status under our laws undermines those principles,” Trump wrote in July.
In the months since the case has developed, conservative Justice Amy Coney Barrett has replaced the late liberal Justice Ruth Bader Ginsburg.
The Department of Justice did not immediately respond to a request for comment on this case nor did plaintiff attorney Dale Ho, with the American Civil Liberties Union.


Campus Safety

HOUSTON — An appeals court in Texas granted mandamus relief to Baylor University , which claimed the trial court improperly @ @ @ @ @ university ’ s president in a lawsuit brought by a student who claimed she was @ @ @ @ @ multiple football players .
The student failed to show the president had “ unique or @ @ @ @ @ the school ’ s campus was unsafe .

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.


Eminent Domain

SAN FRANCISCO — The Ninth Circuit upheld a ruling in favor of Alaska ’ s Departments of Natural Resources and @ @ @ @ @ proceeding relating to land taken to connect public trails , finding the lower court properly @ @ @ @ @ to determine just compensation for the land belonging to two sisters that was acquired under @ @ @ @ @ .


Covid-19 Order

PORTLAND , Ore. — A federal court in Oregon refused to grant a temporary injunction to the Oregon Restaurant and @ @ @ @ @ challenging a Nov. 13 order restricting certain businesses , including prohibiting on-premises consumption of food @ @ @ @ @ .
The court recognized the “ significant hardship ” that businesses have endured during the @ @ @ @ @ of equities weighs heavily in favor ” of the state .


Trigger Activators

CINCINNATI — An appeals court in Ohio upheld a ruling in favor of gun rights groups that found Cincinnati ’ @ @ @ @ @ trigger activators , ” such as bump stocks , unconstitutional .
The city ’ s @ @ @ @ @ exercise of home-rule authority .
”


Mall Stores

INDIANAPOLIS — An appeals court in Indiana upheld a ruling in favor of Simon Property Group that prohibited Abercrombie & @ @ @ @ @ retail stores in Simon ’ s malls , finding the effects of a mass store @ @ @ @ @ the consequences of the pandemic , ” supports the grant of a preliminary injunction .


courthousenews--2020-11-27--New Rule Could Allow Gas, Firing Squads for US Executions

WASHINGTON ( AP ) — The Justice Department is quietly amending its execution protocols , no longer requiring federal death sentences to be carried out by lethal injection and clearing the way to use other methods like firing squads and poison gas .
The amended rule , published Friday in the Federal Register , allows the U.S. government to conduct executions by lethal injection or use “ any other manner prescribed by the law of the state in which the sentence was imposed.
” A number of states allow other methods of execution , including electrocution , inhaling nitrogen gas @ @ @ @ @ @ @ remains unclear whether the Justice Department will seek to use any methods other than lethal injection for executions in the future .
The rule – which goes into effect on Dec. 24 – comes as the Justice Department has scheduled five executions during the lame-duck period , including three just days before President-elect Joe Biden takes office .
A Justice Department official said the change was made to account for the fact the Federal Death Penalty Act requires sentences be carried out in the “ in the manner prescribed by the law of @ @ @ @ @ @ @ imposed , ” and some of those states use methods other than lethal injection .
The official said two executions scheduled in December would be done by lethal injection but didn ’ t provide information about three others scheduled in January .
The official spoke to The Associated Press on condition of anonymity in order to discuss the internal department protocols .
The change is likely to set off intense criticism from Democrats and anti-death penalty advocates , as the Trump administration tries to push through a number of rule changes before Trump @ @ @ @ @ @ @ told the AP earlier this month that the president-elect “ opposes the death penalty now and in the future ” and would work to end its use .
But he did not say whether executions would be paused immediately once Biden takes office .
Attorney General William Barr restarted federal executions this year after a 17-year hiatus .
This year , the Justice Department has put to death more people than during the previous half-century , despite waning public support from both Democrats and Republicans for its use .
All states that use @ @ @ @ @ @ @ and that is the primary method in all states where other methods are allowed , according to data compiled by the nonprofit Death Penalty Information Center .
As lethal injection drugs become difficult to obtain , some states have begun looking at alternative methods for carrying out death sentences .
Alabama joined Oklahoma and Mississippi in 2018 approving the use of nitrogen gas to execute prisoners , allowing the state to asphyxiate condemned inmates with the gas in some cases .
In some states , inmates can choose the method of their execution @ @ @ @ @ @ @ an inmate can specifically ask to be put to death by electrocution and in Washington state , inmates can ask to be put to death by hanging .
In Utah , prisoners sentenced before May 2004 can choose to be killed by a firing squad .
The state law there also authorizes the use of a firing squad if lethal injection drugs aren ’ t available .
In 2014 , following a botched state execution in Oklahoma , President Barack Obama directed the Justice Department to conduct a broad review of capital punishment @ @ @ @ @ @ @ Barr said in July 2019 that the review had been completed , allowing executions to resume and approved a new procedure for lethal injections that replaced the three-drug combination previously used in federal executions with one drug , pentobarbital .
The one-drug protocol is similar to the procedure used in several states , including Georgia , Missouri and Texas .
Before the Trump administration resumed executions this year , the federal government had put only three inmates to death since 1988 .
Though there hadn ’ t been a federal execution since 2003 @ @ @ @ @ @ @ has continued to approve death penalty prosecutions , and federal courts had continued sentencing defendants to death .
Trump has spoken often about capital punishment and his belief that executions serve as an effective deterrent and an appropriate punishment for some crimes , including mass shootings and the killings of police officers .

The Justice Department is quietly amending its execution protocols, no longer requiring federal death sentences to be carried out by lethal injection and clearing the way to use other methods like firing squads and poison gas.
WASHINGTON (AP) — The Justice Department is quietly amending its execution protocols, no longer requiring federal death sentences to be carried out by lethal injection and clearing the way to use other methods like firing squads and poison gas.
The amended rule, published Friday in the Federal Register, allows the U.S. government to conduct executions by lethal injection or use "any other manner prescribed by the law of the state in which the sentence was imposed." A number of states allow other methods of execution, including electrocution, inhaling nitrogen gas or death by firing squad.
It remains unclear whether the Justice Department will seek to use any methods other than lethal injection for executions in the future. The rule – which goes into effect on Dec. 24 – comes as the Justice Department has scheduled five executions during the lame-duck period, including three just days before President-elect Joe Biden takes office.
A Justice Department official said the change was made to account for the fact the Federal Death Penalty Act requires sentences be carried out in the "in the manner prescribed by the law of the state in which the sentence is imposed,'' and some of those states use methods other than lethal injection.
The official said two executions scheduled in December would be done by lethal injection but didn't provide information about three others scheduled in January. The official spoke to The Associated Press on condition of anonymity in order to discuss the internal department protocols.
The change is likely to set off intense criticism from Democrats and anti-death penalty advocates, as the Trump administration tries to push through a number of rule changes before Trump leaves office. A spokesperson for Biden told the AP earlier this month that the president-elect "opposes the death penalty now and in the future" and would work to end its use. But he did not say whether executions would be paused immediately once Biden takes office.
Attorney General William Barr restarted federal executions this year after a 17-year hiatus. This year, the Justice Department has put to death more people than during the previous half-century, despite waning public support from both Democrats and Republicans for its use.
All states that use the death penalty allow lethal injection – and that is the primary method in all states where other methods are allowed, according to data compiled by the nonprofit Death Penalty Information Center. As lethal injection drugs become difficult to obtain, some states have begun looking at alternative methods for carrying out death sentences. Alabama joined Oklahoma and Mississippi in 2018 approving the use of nitrogen gas to execute prisoners, allowing the state to asphyxiate condemned inmates with the gas in some cases.
In some states, inmates can choose the method of their execution. In Florida, for example, an inmate can specifically ask to be put to death by electrocution and in Washington state, inmates can ask to be put to death by hanging. In Utah, prisoners sentenced before May 2004 can choose to be killed by a firing squad. The state law there also authorizes the use of a firing squad if lethal injection drugs aren't available.
In 2014, following a botched state execution in Oklahoma, President Barack Obama directed the Justice Department to conduct a broad review of capital punishment and issues surrounding lethal injection drugs.
Barr said in July 2019 that the review had been completed, allowing executions to resume and approved a new procedure for lethal injections that replaced the three-drug combination previously used in federal executions with one drug, pentobarbital. The one-drug protocol is similar to the procedure used in several states, including Georgia, Missouri and Texas.
Before the Trump administration resumed executions this year, the federal government had put only three inmates to death since 1988. Though there hadn't been a federal execution since 2003, until July, the Justice Department has continued to approve death penalty prosecutions, and federal courts had continued sentencing defendants to death.
Trump has spoken often about capital punishment and his belief that executions serve as an effective deterrent and an appropriate punishment for some crimes, including mass shootings and the killings of police officers.
By MICHAEL BALSAMO Associated Press


courthousenews--2020-11-27--Trump Administration Moves Ahead on Gutting Bird Protections

( AP ) — The Trump administration moved forward Friday on gutting a longstanding federal protection for the nation ’ s birds , over objections from former federal officials and many scientists that billions more birds will likely perish as a result .
The U.S .
Fish and Wildlife Service published its take on the proposed rollback in the Federal Register .
It ’ s a final step that means the change — greatly limiting federal authority to prosecute industries for practices that kill migratory birds — could be made official within 30 days .
The wildlife service acknowledged in @ @ @ @ @ @ @ a “ negative ” effect on the many bird species covered by the 1918 Migratory Bird Treaty Act , which range from hawks and eagles to seabirds , storks , songbirds and sparrows .
The move scales back federal prosecution authority for the deadly threats migratory birds face from industry — from electrocution on power lines , to wind turbines that knock them from the air and oil field waste pits where landing birds perish in toxic water .
Industry operations kill an estimated 450 million to 1.1 billion birds annually , out @ @ @ @ @ @ @ America , according to the U.S .
Fish and Wildlife Service and recent studies .
The Trump administration maintains that the Act should apply only to birds killed or harmed intentionally , and is putting that “ clarifying ” change into regulation .
The change would “ improve consistency and efficiency in enforcement , ” the Fish and Wildlife Service said .
The administration has continued to push the migratory bird regulation even after a federal judge in New York in August rejected the administration ’ s legal rationale .
Two days after @ @ @ @ @ @ @ s defeat by Democrat Joe Biden , federal officials advanced the bird treaty changes to the White House , one of the final steps before adoption .
Trump was “ in a frenzy to finalize his bird-killer policy , ” David Yarnold , president of the National Audubon Society , said in a statement Friday .
“ Reinstating this 100-year-old bedrock law must be a top conservation priority for the Biden-Harris Administration ” and Congress .
Steve Holmer with the American Bird Conservancy said the change would accelerate bird population declines that have @ @ @ @ @ @ @ How the 1918 treaty gets enforced has sweeping ramifications for the construction of commercial buildings , electric transmission systems and other infrastructure , said Rachel Jones , vice president of the National Association of Manufacturers .
Jones said the changes under Trump would be needed to make sure the bird law wasn ’ t used in an “ abusive way.
” That ’ s a longstanding complaint from industry lawyers despite federal officials ’ contention that they bring criminal charges only rarely .
It ’ s part of a flurry of last-minute changes @ @ @ @ @ @ @ Others would expand Arctic drilling , favor development over habitat protections for imperiled species and potentially hamstring future regulation of environmental and public health threats , among other rollbacks .
By ELLEN KNICKMEYER and MATTHEW BROWN Associated Press

The Trump administration moved forward Friday on gutting a longstanding federal protection for the nation's birds, over objections from former federal officials and many scientists that billions more birds will likely perish as a result.
(AP) — The Trump administration moved forward Friday on gutting a longstanding federal protection for the nation's birds, over objections from former federal officials and many scientists that billions more birds will likely perish as a result.
The U.S. Fish and Wildlife Service published its take on the proposed rollback in the Federal Register. It's a final step that means the change — greatly limiting federal authority to prosecute industries for practices that kill migratory birds — could be made official within 30 days.
The wildlife service acknowledged in its findings that the rollback would have a "negative" effect on the many bird species covered by the 1918 Migratory Bird Treaty Act, which range from hawks and eagles to seabirds, storks, songbirds and sparrows.
The move scales back federal prosecution authority for the deadly threats migratory birds face from industry — from electrocution on power lines, to wind turbines that knock them from the air and oil field waste pits where landing birds perish in toxic water.
Industry operations kill an estimated 450 million to 1.1 billion birds annually, out of roughly 7 billion birds in North America, according to the U.S. Fish and Wildlife Service and recent studies.
The Trump administration maintains that the Act should apply only to birds killed or harmed intentionally, and is putting that "clarifying" change into regulation. The change would "improve consistency and efficiency in enforcement," the Fish and Wildlife Service said.
The administration has continued to push the migratory bird regulation even after a federal judge in New York in August rejected the administration's legal rationale.
Two days after news organizations announced President Donald Trump's defeat by Democrat Joe Biden, federal officials advanced the bird treaty changes to the White House, one of the final steps before adoption.
Trump was "in a frenzy to finalize his bird-killer policy," David Yarnold, president of the National Audubon Society, said in a statement Friday. "Reinstating this 100-year-old bedrock law must be a top conservation priority for the Biden-Harris Administration" and Congress.
Steve Holmer with the American Bird Conservancy said the change would accelerate bird population declines that have swept North America since the 1970s.
How the 1918 treaty gets enforced has sweeping ramifications for the construction of commercial buildings, electric transmission systems and other infrastructure, said Rachel Jones, vice president of the National Association of Manufacturers.
Jones said the changes under Trump would be needed to make sure the bird law wasn't used in an "abusive way." That's a longstanding complaint from industry lawyers despite federal officials' contention that they bring criminal charges only rarely.
It's part of a flurry of last-minute changes under the outgoing administration benefiting industry. Others would expand Arctic drilling, favor development over habitat protections for imperiled species and potentially hamstring future regulation of environmental and public health threats, among other rollbacks.
By ELLEN KNICKMEYER and MATTHEW BROWN Associated Press


courthousenews--2020-11-27--Appeals Court Rejects Trump Challenge of Pennsylvania Race

PHILADELPHIA ( AP ) — President Donald Trump ’ s legal team suffered yet another defeat in court Friday as a federal appeals court in Philadelphia roundly rejected the campaign ’ s latest effort to challenge the state ’ s election results .
Trump ’ s lawyers vowed to appeal to the Supreme Court despite the judges ’ assessment that the “ campaign ’ s claims have no merit.
” “ Free , fair elections are the lifeblood of our democracy .
Charges of unfairness are serious .
But calling an election unfair does not make it so .
Charges @ @ @ @ @ @ @ We have neither here , ” 3rd Circuit Judge Stephanos Bibas wrote for the three-judge panel .
The case had been argued last week in a lower court by Trump lawyer Rudy Giuliani , who insisted during five hours of oral arguments that the 2020 presidential election had been marred by widespread fraud in Pennsylvania .
However , Giuliani failed to offer any tangible proof of that in court .
U.S. District Judge Matthew Brann had said the campaign ’ s error-filled complaint , “ like Frankenstein ’ s Monster , has been @ @ @ @ @ @ @ the right to amend it for a second time .
The 3rd U.S .
Circuit Court of Appeals called that decision justified .
The three judges on the panel were all appointed by Republican presidents .
including Bibas , a former University of Pennsylvania law professor appointed by Trump .
Trump ’ s sister , Judge Maryanne Trump Barry , sat on the court for 20 years , retiring in 2019 .
“ Voters , not lawyers , choose the president .
Ballots , not briefs , decide elections , ” Bibas said @ @ @ @ @ @ @ the campaign ’ s request to stop the state from certifying its results , a demand he called “ breathtaking.
” In fact , Pennsylvania officials had certified their vote count Monday for President-elect Joe Biden , who defeated Trump by more than 80,000 votes in the state .
Nationally , Biden and running mate Kamala Harris garnered nearly 80 million votes , a record in U.S. presidential elections .
Trump has said he hopes the Supreme Court will intervene in the race as it did in 2000 , when its decision to @ @ @ @ @ @ @ election to Republican George W. Bush .
On Nov. 5 , as the vote count continued , Trump posted a tweet saying the “ U.S .
Supreme Court should decide !
” Ever since , Trump and his surrogates have attacked the election as flawed and filed a flurry of lawsuits to try to block the results in six battleground states .
But they ’ ve found little sympathy from judges , nearly all of whom dismissed their complaints about the security of mail-in ballots , which millions of people used to vote @ @ @ @ @ @ @ Trump perhaps hopes a Supreme Court he helped steer toward a conservative 6-3 majority would be more open to his pleas , especially since the high court upheld Pennsylvania ’ s decision to accept mail-in ballots through Nov. 6 by only a 4-4 vote last month .
Since then , Trump nominee Amy Coney Barrett has joined the court .
“ The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud , ” Trump lawyer Jenna Ellis tweeted after Friday ’ s ruling .
“ On to SCOTUS @ @ @ @ @ @ @ , the Trump campaign asked to disenfranchise the state ’ s 6.8 million voters , or at least the 700,000 who voted by mail in Philadelphia , Pittsburgh and other Democratic-leaning areas .
“ One might expect that when seeking such a startling outcome , a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption , ” Brann wrote in his scathing ruling on Nov. 21 .
“ That has not happened.
” A separate Republican challenge that reached the Pennsylvania Supreme Court this week seeks to @ @ @ @ @ @ @ races on the ballot .
Democratic Gov .
Tom Wolf ’ s administration is fighting that effort , saying it would prevent the state ’ s legislature and congressional delegation from being seated in the coming weeks .
On Thursday , Trump said the Nov. 3 election was still far from over .
Yet he offered the clearest signal to date that he would leave the White House peaceably on Jan. 20 if the Electoral College formalizes Biden ’ s win .
“ Certainly I will .
But you know that , ” @ @ @ @ @ @ @ taking questions from reporters for the first time since Election Day .
On Friday , however , he continued to baselessly attack Detroit , Atlanta and other Democratic cities with large Black populations as the source of “ massive voter fraud.
” And he claimed , without evidence , that a Pennsylvania poll watcher had uncovered computer memory drives that “ gave Biden 50,000 votes ” apiece .
All 50 states must certify their results before the Electoral College meets on Dec. 14 , and any challenge to the results must be resolved @ @ @ @ @ @ @ the Electoral College and popular vote by wide margins .

President Donald Trump's legal team suffered yet another defeat in court Friday as a federal appeals court in Philadelphia roundly rejected the campaign's latest effort to challenge the state's election results.
PHILADELPHIA (AP) — President Donald Trump's legal team suffered yet another defeat in court Friday as a federal appeals court in Philadelphia roundly rejected the campaign's latest effort to challenge the state's election results.
Trump's lawyers vowed to appeal to the Supreme Court despite the judges' assessment that the "campaign's claims have no merit."
"Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here," 3rd Circuit Judge Stephanos Bibas wrote for the three-judge panel.
The case had been argued last week in a lower court by Trump lawyer Rudy Giuliani, who insisted during five hours of oral arguments that the 2020 presidential election had been marred by widespread fraud in Pennsylvania. However, Giuliani failed to offer any tangible proof of that in court.
U.S. District Judge Matthew Brann had said the campaign's error-filled complaint, "like Frankenstein's Monster, has been haphazardly stitched together" and denied Giuliani the right to amend it for a second time.
The 3rd U.S. Circuit Court of Appeals called that decision justified. The three judges on the panel were all appointed by Republican presidents. including Bibas, a former University of Pennsylvania law professor appointed by Trump. Trump's sister, Judge Maryanne Trump Barry, sat on the court for 20 years, retiring in 2019.
"Voters, not lawyers, choose the president. Ballots, not briefs, decide elections," Bibas said in the opinion, which also denied the campaign's request to stop the state from certifying its results, a demand he called "breathtaking."
In fact, Pennsylvania officials had certified their vote count Monday for President-elect Joe Biden, who defeated Trump by more than 80,000 votes in the state. Nationally, Biden and running mate Kamala Harris garnered nearly 80 million votes, a record in U.S. presidential elections.
Trump has said he hopes the Supreme Court will intervene in the race as it did in 2000, when its decision to stop the recount in Florida gave the election to Republican George W. Bush. On Nov. 5, as the vote count continued, Trump posted a tweet saying the "U.S. Supreme Court should decide!"
Ever since, Trump and his surrogates have attacked the election as flawed and filed a flurry of lawsuits to try to block the results in six battleground states. But they've found little sympathy from judges, nearly all of whom dismissed their complaints about the security of mail-in ballots, which millions of people used to vote from home during the COVID-19 pandemic.
Trump perhaps hopes a Supreme Court he helped steer toward a conservative 6-3 majority would be more open to his pleas, especially since the high court upheld Pennsylvania's decision to accept mail-in ballots through Nov. 6 by only a 4-4 vote last month. Since then, Trump nominee Amy Coney Barrett has joined the court.
"The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud," Trump lawyer Jenna Ellis tweeted after Friday's ruling. "On to SCOTUS!"
In the case before Brann, the Trump campaign asked to disenfranchise the state's 6.8 million voters, or at least the 700,000 who voted by mail in Philadelphia, Pittsburgh and other Democratic-leaning areas.
"One might expect that when seeking such a startling outcome, a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption," Brann wrote in his scathing ruling on Nov. 21. "That has not happened."
A separate Republican challenge that reached the Pennsylvania Supreme Court this week seeks to stop the state from further certifying any races on the ballot. Democratic Gov. Tom Wolf's administration is fighting that effort, saying it would prevent the state's legislature and congressional delegation from being seated in the coming weeks.
On Thursday, Trump said the Nov. 3 election was still far from over. Yet he offered the clearest signal to date that he would leave the White House peaceably on Jan. 20 if the Electoral College formalizes Biden's win.
"Certainly I will. But you know that," Trump said at the White House, taking questions from reporters for the first time since Election Day.
On Friday, however, he continued to baselessly attack Detroit, Atlanta and other Democratic cities with large Black populations as the source of "massive voter fraud." And he claimed, without evidence, that a Pennsylvania poll watcher had uncovered computer memory drives that "gave Biden 50,000 votes" apiece.
All 50 states must certify their results before the Electoral College meets on Dec. 14, and any challenge to the results must be resolved by Dec. 8. Biden won both the Electoral College and popular vote by wide margins.
By MARYCLAIRE DALE Associated Press


courthousenews--2020-11-27--Turkey Jails Over 300 for Life in Mass 2016 Coup Trial

ANKARA , Turkey ( AFP ) — A Turkish court jailed more than 300 former pilots and other suspects for life in a mass trial stemming from a bloody 2016 coup attempt against President Recep Tayyip Erdogan .
Fethullah Gulen , a U.S.-based Muslim preacher who was once an Erdogan ally , is accused of ordering the failed putsch .
His movement has been proscribed as a terrorist group by Ankara , but the 79-year-old denies all charges .
A total of 251 people died and more than 2,000 were injured in what has turned into the defining moment of @ @ @ @ @ @ @ politics .
The chaotic attempt was swiftly followed by a fierce government crackdown spanning years and resulting in tens of thousands of arrests .
Turkey ’ s largest courtroom was packed with dozens of security personnel and the presiding judge ordered one protesting defendant to “ Sit down !
” several times before reading the verdict .
He issued multiple life sentences to 27 disgruntled air force pilots who bombed the capital Ankara and civilians who orchestrated the coup attempt from inside the Akinci military base near the capital .
Court documents subsequently @ @ @ @ @ @ @ life sentences for murder , violating the constitutional order and attempting to assassinate Erdogan .
Sixty suspects were given jail sentences of various lengths while 75 were acquitted .
“ Justice has been served , ” Ufuk Yegin , who represents a victims ’ families association , told AFP .
“ It was a very important trial for the Turkish judicial system and for the country , ” added Muaz Ergezen , another lawyer for the victims .
“ It is a trial that will go down in history.
” The then chief @ @ @ @ @ @ @ the defense minister — and other top commanders were held hostage at the military base overnight before their rescue on the morning of July 16 , 2016 .
F-16 fighter jets struck the parliament building , the road near the presidential palace and the headquarters of the special forces and the Ankara police .
Erdogan was on vacation in southern Turkey at the time .
The bombs killed 68 people in the capital and injured more than 200 .
Nine civilians also died trying to stop the plotters at the entrance to the @ @ @ @ @ @ @ a theology lecturer who officials claim was a key coordinator of what was happening on the ground — and four others are being tried in absentia .
Oksuz was detained shortly after the coup bid but released later and is now on the run .
Thursday ’ s verdict culminates a trial that began in August 2017 involving nearly 500 suspects .
Businessman Kemal Batmaz , accused of assisting Oksuz , was among dozens of defendants handed multiple aggravated life sentences for playing leading roles in Erdogan ’ s attempted overthrow .
An @ @ @ @ @ @ @ detention and replaced the death penalty after it was abolished in 2004 as part of Turkey ’ s drive to join the European Union .
The putsch bid was stamped out quickly , but its legacy still haunts Turkey .
A fierce government crackdown that followed has muzzled the media and seen tens of thousands arrested in nationwide raids .
More than 100,000 public sector employees , including teachers and judges , were sacked or suspended because of their suspected links to Gulen .
These arrests continue , although they are less sweeping @ @ @ @ @ @ @ , a separate coup-related trial is even bigger , focusing on the presidential guard ’ s activities and involving 521 suspects .
Ten of a total 289 trials into the failed overthrow of Erdogan are still under way , state news agency Anadolu reported .
More than 2,800 people have been jailed for life , with judges convicting nearly 4,500 suspects since July 2016 .

A Turkish court jailed more than 300 former pilots and other suspects for life in a mass trial stemming from a bloody 2016 coup attempt against President Recep Tayyip Erdogan.
ANKARA, Turkey (AFP) — A Turkish court jailed more than 300 former pilots and other suspects for life in a mass trial stemming from a bloody 2016 coup attempt against President Recep Tayyip Erdogan.
Fethullah Gulen, a U.S.-based Muslim preacher who was once an Erdogan ally, is accused of ordering the failed putsch. His movement has been proscribed as a terrorist group by Ankara, but the 79-year-old denies all charges.
A total of 251 people died and more than 2,000 were injured in what has turned into the defining moment of Erdogan's rule and contemporary Turkish politics.
The chaotic attempt was swiftly followed by a fierce government crackdown spanning years and resulting in tens of thousands of arrests.
Turkey's largest courtroom was packed with dozens of security personnel and the presiding judge ordered one protesting defendant to "Sit down!" several times before reading the verdict.
He issued multiple life sentences to 27 disgruntled air force pilots who bombed the capital Ankara and civilians who orchestrated the coup attempt from inside the Akinci military base near the capital.
Court documents subsequently obtained by AFP showed 337 defendants handed life sentences for murder, violating the constitutional order and attempting to assassinate Erdogan.
Sixty suspects were given jail sentences of various lengths while 75 were acquitted.
'Justice has been served'
"Justice has been served," Ufuk Yegin, who represents a victims' families association, told AFP.
"It was a very important trial for the Turkish judicial system and for the country," added Muaz Ergezen, another lawyer for the victims.
"It is a trial that will go down in history."
The then chief of staff general Hulusi Akar — now the defense minister — and other top commanders were held hostage at the military base overnight before their rescue on the morning of July 16, 2016.
F-16 fighter jets struck the parliament building, the road near the presidential palace and the headquarters of the special forces and the Ankara police.
Erdogan was on vacation in southern Turkey at the time.
The bombs killed 68 people in the capital and injured more than 200. Nine civilians also died trying to stop the plotters at the entrance to the base.
Gulen, Adil Oksuz — a theology lecturer who officials claim was a key coordinator of what was happening on the ground — and four others are being tried in absentia.
Oksuz was detained shortly after the coup bid but released later and is now on the run.
2,800 life sentences
Thursday's verdict culminates a trial that began in August 2017 involving nearly 500 suspects.
Businessman Kemal Batmaz, accused of assisting Oksuz, was among dozens of defendants handed multiple aggravated life sentences for playing leading roles in Erdogan's attempted overthrow.
An aggravated life sentence has tougher terms of detention and replaced the death penalty after it was abolished in 2004 as part of Turkey's drive to join the European Union.
The putsch bid was stamped out quickly, but its legacy still haunts Turkey.
A fierce government crackdown that followed has muzzled the media and seen tens of thousands arrested in nationwide raids.
More than 100,000 public sector employees, including teachers and judges, were sacked or suspended because of their suspected links to Gulen.
These arrests continue, although they are less sweeping.
Despite the large number of suspects, a separate coup-related trial is even bigger, focusing on the presidential guard's activities and involving 521 suspects.
Ten of a total 289 trials into the failed overthrow of Erdogan are still under way, state news agency Anadolu reported.
More than 2,800 people have been jailed for life, with judges convicting nearly 4,500 suspects since July 2016.
by Raziye Akkoc
© Agence France-Presse


courthousenews--2020-11-27--Quebec Mosque Shooter’s 40-Year Sentence Cut Almost in Half on Appeal

MONTREAL ( AFP ) — A man who shot dead six worshippers at a Quebec mosque in 2017 had his sentence reduced to 25 years in prison Thursday when a Canadian court ruled it was unconstitutional for him to serve consecutive life sentences .
Alexandre Bissonnette , who turns 31 next week , was sentenced in 2019 to life in prison with no possibility of parole for 40 years .
In a unanimous decision , the Quebec Court of Appeal said a provision of the Criminal Code introduced in 2011 that allows judges to impose consecutive life sentences for multiple @ @ @ @ @ @ @ and Freedoms .
The three-judge panel said it “ makes it possible to impose a penalty which will at all times be cruel and unusual , and grossly disproportionate.
” The prosecution had asked for a 150-year sentence , which would have been the longest ever in Canada , while the defense petitioned for 25 years .
The trial judge handed Bissonnette 40 years , estimating that “ subjecting a murderer to a sentence greater than his life expectancy ” risked “ sowing doubt as to the credibility of the judicial system.
” @ @ @ @ @ @ @ his arrest .
In doing so , Quebec Superior Court Justice Francois Huot had effectively rewritten Canada ’ s sentencing laws , which the appeals court said was also a mistake .
The appeals court said Huot should have “ invalidated ” the sentencing provision and handed Bissonnette concurrent sentences in accordance to the law as it was written prior to 2011 .
But it added this was still a life sentence , and parole is not assured after 25 years .
On January 29 , 2017 , Bissonnette burst into the Quebec @ @ @ @ @ @ @ bullets on the 40 men and four children who were chatting after evening prayers .
He methodically fired dozens of shots , retreating to a safe area to reload his 9 mm pistol at least four times , “ like he was playing a video game , ” recounted one witness at his trial .
Six men were killed and five were seriously injured .
The victims were all dual nationals who emigrated to Canada : two Algerians , two Guineans , a Moroccan and a Tunisian .
Bissonnette was described after his @ @ @ @ @ @ @ Muslim immigration but not affiliated with any group .
Quebec ’ s directorate of criminal prosecution said it was reviewing the appeals court decision , which could be taken up by the Supreme Court of Canada .
Boufeldja Benabdallah , co-founder of the Quebec mosque , said he was “ disappointed ” by the revised sentence , noting that the victims ’ families must relive the tragedy at each judicial stage .

A man who shot dead six worshippers at a Quebec mosque in 2017 had his sentence reduced to 25 years in prison Thursday when a Canadian court ruled it was unconstitutional for him to serve consecutive life sentences.
MONTREAL (AFP) — A man who shot dead six worshippers at a Quebec mosque in 2017 had his sentence reduced to 25 years in prison Thursday when a Canadian court ruled it was unconstitutional for him to serve consecutive life sentences.
Alexandre Bissonnette, who turns 31 next week, was sentenced in 2019 to life in prison with no possibility of parole for 40 years.
In a unanimous decision, the Quebec Court of Appeal said a provision of the Criminal Code introduced in 2011 that allows judges to impose consecutive life sentences for multiple murders violates the Canadian Charter of Rights and Freedoms.
The three-judge panel said it "makes it possible to impose a penalty which will at all times be cruel and unusual, and grossly disproportionate."
The prosecution had asked for a 150-year sentence, which would have been the longest ever in Canada, while the defense petitioned for 25 years.
The trial judge handed Bissonnette 40 years, estimating that "subjecting a murderer to a sentence greater than his life expectancy" risked "sowing doubt as to the credibility of the judicial system."
Bissonnette was 27 at the time of his arrest.
In doing so, Quebec Superior Court Justice Francois Huot had effectively rewritten Canada's sentencing laws, which the appeals court said was also a mistake.
The appeals court said Huot should have "invalidated" the sentencing provision and handed Bissonnette concurrent sentences in accordance to the law as it was written prior to 2011.
But it added this was still a life sentence, and parole is not assured after 25 years.
On January 29, 2017, Bissonnette burst into the Quebec City mosque and unleashed a hail of bullets on the 40 men and four children who were chatting after evening prayers.
He methodically fired dozens of shots, retreating to a safe area to reload his 9 mm pistol at least four times, "like he was playing a video game," recounted one witness at his trial.
Six men were killed and five were seriously injured.
The victims were all dual nationals who emigrated to Canada: two Algerians, two Guineans, a Moroccan and a Tunisian.
Bissonnette was described after his arrest as a white supremacist opposed to Muslim immigration but not affiliated with any group.
Quebec's directorate of criminal prosecution said it was reviewing the appeals court decision, which could be taken up by the Supreme Court of Canada.
Boufeldja Benabdallah, co-founder of the Quebec mosque, said he was "disappointed" by the revised sentence, noting that the victims' families must relive the tragedy at each judicial stage.
© Agence France-Presse


courthousenews--2020-11-27--France Outlaws Discrimination Based on Regional Accents

PARIS ( AFP ) — The French lower house of parliament on Thursday approved a law banning discrimination based on a person ’ s accent , calling the practice “ a form of racism.
” The text , overwhelmingly adopted by 98 votes to 3 , adds accents to the list of causes of actionable discrimination , along with racism , sexism and discrimination against the disabled .
The maximum penalty proposed in the new legislation is three years ’ imprisonment and a fine of 45,000 euros .
The law , proposed by center-right deputy Christophe Euzet , was the @ @ @ @ @ @ @ , despite the overwhelming vote .
“ At a time when the ‘ visible ’ minorities benefit from the legitimate attention of public authorities , the ‘ audible ’ minorities are the main forgotten people of the social contract based on equality , ” Euzet argued .
Maina Sage , deputy for French Polynesia , spoke of the difficulties that can be encountered by people , like her , speaking with an accent from outside the French mainland .
Patricia Miralles , the daughter of North Africans , spoke of the “ mockery @ @ @ @ @ @ @ days over her Algerian accent , which she briefly reprised in the parliamentary chamber .
Other members of parliament denounced the fact that too many broadcasters with a strong accent get pigeonholed into reporting on rugby or reading the weather bulletin .
On the other hand , Jean Lassalle , of the opposition Libertes et territoires party which includes Corsican nationalists , voted against the text .
“ I ’ m not asking for charity , I ’ m not demanding to be protected because I am who I am , ” he @ @ @ @ @ @ @ .
Justice Minister Eric Dupond-Moretti , a former lawyer , said he was “ very convinced ” about the need for the new law .
Last month Jean-Luc Melenchon , leader of the far-left France Insoumise ( France Unbowed ) movement , was caught on camera being rude to a journalist with a southern accent who asked him a question at the National Assembly .
“ Can someone ask me a question in French ?
And ( make it ) a bit more understandable… , ” Melenchon said then , addressing a group @ @ @ @ @ @ @ was widely circulated on social media .

The French lower house of parliament on Thursday approved a law banning discrimination based on a person's accent, calling the practice "a form of racism."
PARIS (AFP) — The French lower house of parliament on Thursday approved a law banning discrimination based on a person's accent, calling the practice "a form of racism."
The text, overwhelmingly adopted by 98 votes to 3, adds accents to the list of causes of actionable discrimination, along with racism, sexism and discrimination against the disabled.
The maximum penalty proposed in the new legislation is three years' imprisonment and a fine of 45,000 euros.
The law, proposed by center-right deputy Christophe Euzet, was the subject of animated debate in the house, despite the overwhelming vote.
"At a time when the 'visible' minorities benefit from the legitimate attention of public authorities, the 'audible' minorities are the main forgotten people of the social contract based on equality," Euzet argued.
Maina Sage, deputy for French Polynesia, spoke of the difficulties that can be encountered by people, like her, speaking with an accent from outside the French mainland.
Patricia Miralles, the daughter of North Africans, spoke of the "mockery" that she encountered in her younger days over her Algerian accent, which she briefly reprised in the parliamentary chamber.
Other members of parliament denounced the fact that too many broadcasters with a strong accent get pigeonholed into reporting on rugby or reading the weather bulletin.
On the other hand, Jean Lassalle, of the opposition Libertes et territoires party which includes Corsican nationalists, voted against the text.
"I'm not asking for charity, I'm not demanding to be protected because I am who I am," he said in his strong southwest France accent.
Justice Minister Eric Dupond-Moretti, a former lawyer, said he was "very convinced" about the need for the new law.
Last month Jean-Luc Melenchon, leader of the far-left France Insoumise (France Unbowed) movement, was caught on camera being rude to a journalist with a southern accent who asked him a question at the National Assembly.
"Can someone ask me a question in French? And (make it) a bit more understandable...," Melenchon said then, addressing a group of reporters in a video clip which was widely circulated on social media.
© Agence France-Presse


courthousenews--2020-11-27--No, Magna Carta Does Not Allow Firms to Defy Covid Curbs

LONDON ( AFP ) — Does Magna Carta supersede England ’ s coronavirus regulations and allow businesses to stay open during lockdowns ?
In a word , no , but a handful of firms have been standing on their own interpretation of ancient liberties .
Invoking the landmark English charter of 1215 , one hairdresser near Bradford in northern England has become a cause celebre among social media libertarians after stacking up fines totaling £17,000 ( $ 23,000 ) .
Sinead Quinn has been posting regular Instagram updates of her confrontations with council officials and the police , as the @ @ @ @ @ @ @ this month despite a nationwide shutdown .
“ I don ’ t consent to any fine , ” she told one officer in a video earlier this month .
“ I ’ m not breaking any law .
I ’ m operating my business under the common law.
” In another post , Quinn quoted “ article 61 ” of Magna Carta to buttress her belief that “ we have a right to enter into lawful dissent if we feel we are being governed unjustly.
” The hairdresser is not alone .
Among @ @ @ @ @ @ @ have been a tattoo parlor in Bristol , western England , and a children ’ s soft-play center in Liverpool , in the northwest .
In all the cases , law enforcers have taken a dim view , meting out fines and reminding all businesses that legislation of this year , not 800 years ago , is relevant and binding .
Kirklees Council said the actions of Quinn Blakey Hairdressing were “ selfish and irresponsible ” , in a month when all of England was under lockdown to try to arrest a second @ @ @ @ @ @ @ not pay up and back down , a council spokesperson told AFP she faces “ eventually prosecution.
” In Liverpool , video of a standoff at the soft-play center showed a police officer telling the owner : “ Obviously , the Magna Carta didn ’ t know about Covid-19.
” Self-appointed guardians of constitutional precedent are not wrong in pointing to Magna Carta as laying down important principles in English common law .
In June 1215 , the despotic King John accepted the demands of rebellious barons and agreed to a densely written @ @ @ @ @ @ @ on his powers .
Magna Carta — “ The Great Charter ” — declares that justice should be available to all , the law applies equally , and monarchs can only exercise power in accordance with the law .
Those principles have formed the basis of legal systems across the globe , the Universal Declaration of Human Rights , and the U.S. constitution .
But back in medieval England , the original charter was soon flouted by King John , civil war was renewed , and the vast majority of clauses never translated @ @ @ @ @ @ @ canon of English law .
Only four clauses survive in law to this day , including “ habeas corpus ” ( forbidding arbitrary detention ) and a right to trial by jury , according to the British parliament ’ s website .
Clauses that never reached English statute include 61 , which gave the right of resistance to 25 named barons , should the king infringe on their liberties .
At no point did Magna Carta give any right to rebel to the populace at large .
Human rights lawyer Adam Wagner offered @ @ @ @ @ @ @ on online conspiracy theories and legal hokum to evade coronavirus curbs .
He noted one case where a car thief , in court , relied on Magna Carta to try to get off after reading “ ridiculous nonsense he had printed off from the internet.
” “ Suffice to say he was convicted and sent to prison for a number of years , ” Wagner tweeted .
In July , a British man was jailed for four years , not for trying to rely on Magna Carta but attempting to steal one of @ @ @ @ @ @ @ from Salisbury Cathedral .
Sinead Quinn will get her wish next week , when the England-wide lockdown ends .
While her region in Yorkshire will remain in the highest tier of coronavirus restrictions , “ personal care ” businesses can reopen .

Does Magna Carta supersede England's coronavirus regulations and allow businesses to stay open during lockdowns? In a word, no, but a handful of firms have been standing on their own interpretation of ancient liberties.
LONDON (AFP) — Does Magna Carta supersede England's coronavirus regulations and allow businesses to stay open during lockdowns? In a word, no, but a handful of firms have been standing on their own interpretation of ancient liberties.
Invoking the landmark English charter of 1215, one hairdresser near Bradford in northern England has become a cause celebre among social media libertarians after stacking up fines totaling £17,000 ($23,000).
Sinead Quinn has been posting regular Instagram updates of her confrontations with council officials and the police, as the fines mount for keeping her salon open this month despite a nationwide shutdown.
"I don't consent to any fine," she told one officer in a video earlier this month. "I'm not breaking any law. I'm operating my business under the common law."
In another post, Quinn quoted "article 61" of Magna Carta to buttress her belief that "we have a right to enter into lawful dissent if we feel we are being governed unjustly."
The hairdresser is not alone. Among others invoking Magna Carta to stay open have been a tattoo parlor in Bristol, western England, and a children's soft-play center in Liverpool, in the northwest.
In all the cases, law enforcers have taken a dim view, meting out fines and reminding all businesses that legislation of this year, not 800 years ago, is relevant and binding.
Kirklees Council said the actions of Quinn Blakey Hairdressing were "selfish and irresponsible", in a month when all of England was under lockdown to try to arrest a second wave of Covid-19.
If Quinn does not pay up and back down, a council spokesperson told AFP she faces "eventually prosecution."
In Liverpool, video of a standoff at the soft-play center showed a police officer telling the owner: "Obviously, the Magna Carta didn't know about Covid-19."
Self-appointed guardians of constitutional precedent are not wrong in pointing to Magna Carta as laying down important principles in English common law.
'Ridiculous nonsense'
In June 1215, the despotic King John accepted the demands of rebellious barons and agreed to a densely written legal document in Latin spelling out curbs on his powers.
Magna Carta — "The Great Charter" — declares that justice should be available to all, the law applies equally, and monarchs can only exercise power in accordance with the law.
Those principles have formed the basis of legal systems across the globe, the Universal Declaration of Human Rights, and the U.S. constitution.
But back in medieval England, the original charter was soon flouted by King John, civil war was renewed, and the vast majority of clauses never translated into later versions that did form the canon of English law.
Only four clauses survive in law to this day, including "habeas corpus" (forbidding arbitrary detention) and a right to trial by jury, according to the British parliament's website.
Clauses that never reached English statute include 61, which gave the right of resistance to 25 named barons, should the king infringe on their liberties. At no point did Magna Carta give any right to rebel to the populace at large.
Human rights lawyer Adam Wagner offered a word of caution to anyone relying on online conspiracy theories and legal hokum to evade coronavirus curbs.
He noted one case where a car thief, in court, relied on Magna Carta to try to get off after reading "ridiculous nonsense he had printed off from the internet.”
"Suffice to say he was convicted and sent to prison for a number of years," Wagner tweeted.
In July, a British man was jailed for four years, not for trying to rely on Magna Carta but attempting to steal one of only four original versions of the document from Salisbury Cathedral.
Sinead Quinn will get her wish next week, when the England-wide lockdown ends. While her region in Yorkshire will remain in the highest tier of coronavirus restrictions, "personal care" businesses can reopen.
by Jitendra JOSHI
© Agence France-Presse


courthousenews--2020-11-27--Irish Rider Sentenced in France for ‘Disgraceful’ Abuse of Horse

NICE , France ( AFP ) — An Irish show jumping rider has been sentenced for cruelty towards his horse that died after he forced the exhausted animal to gallop on a track with excessive use of a whip , court officials and lawyers said Friday .
Kevin Thornton , 32 , was charged with “ serious harm or cruelty towards a domesticated animal ” for abusing his 10-year-old stallion in 2016 when he participated at a show jumping event in Cagnes-sur-mer on the French Riviera .
The court in nearby Grasse handed down a one-year suspended jail sentence in @ @ @ @ @ @ @ five years , and also from ever owning an animal again .
Witnesses reported Thornton taking the horse named Flogas Sunset Cruise onto the track on the afternoon of October 10 , 2016 , which was supposed to be a rest day at the tournament , and forcing it to complete two track rounds at full speed with brutal whipping .
“ All the riders and the lads , everybody was outraged to the point that Mr Thornton had to be exfiltrated because anger was rising among the professionals , ” Bernard Rossanino @ @ @ @ @ @ @ operator , told the court .
In 2018 , France issued an arrest warrant for Thornton , who was a resident in Switzerland at the time , but police never managed to question him and he did not turn up in court or get representation .
He had already been fined in 2017 over the incident by the FIE equestrian federation which also banned him from competing for four months .

An Irish show jumping rider has been sentenced for cruelty towards his horse that died after he forced the exhausted animal to gallop on a track with excessive use of a whip, court officials and lawyers said Friday.
NICE, France (AFP) — An Irish show jumping rider has been sentenced for cruelty towards his horse that died after he forced the exhausted animal to gallop on a track with excessive use of a whip, court officials and lawyers said Friday.
Kevin Thornton, 32, was charged with "serious harm or cruelty towards a domesticated animal" for abusing his 10-year-old stallion in 2016 when he participated at a show jumping event in Cagnes-sur-mer on the French Riviera.
The court in nearby Grasse handed down a one-year suspended jail sentence in absentia, banned him from competing for five years, and also from ever owning an animal again.
Witnesses reported Thornton taking the horse named Flogas Sunset Cruise onto the track on the afternoon of October 10, 2016, which was supposed to be a rest day at the tournament, and forcing it to complete two track rounds at full speed with brutal whipping.
"All the riders and the lads, everybody was outraged to the point that Mr Thornton had to be exfiltrated because anger was rising among the professionals," Bernard Rossanino, a lawyer for the race track operator, told the court.
The prosecution called Thornton's behavior "disgraceful."
In 2018, France issued an arrest warrant for Thornton, who was a resident in Switzerland at the time, but police never managed to question him and he did not turn up in court or get representation.
He had already been fined in 2017 over the incident by the FIE equestrian federation which also banned him from competing for four months.
© Agence France-Presse


courthousenews--2020-11-27--Hong Kong Prison Wrong to Cut ‘Long Hair’ Locks: Court

HONG KONG ( AFP ) — Hong Kong prison staff were wrong to cut off the locks of veteran dissident “ Long Hair , ” the city ’ s top court said Friday , in the second significant ruling against authorities this month .
The decision comes as pro-establishment voices call for an overhaul of the judiciary — something opponents fear could muzzle the Hong Kong legal system ’ s vaunted independence as Beijing cracks down on critics .
The ruling by the Court of Final Appeal is the culmination of a long legal battle by Leung Kwok-hung , 64 @ @ @ @ @ @ @ in 2014 linked to his protesting .
Better known by the sobriquet “ Long Hair , ” he is one of the city ’ s veteran dissidents , beginning his career campaigning against British colonial rule and later becoming a fierce critic of Beijing .
A panel of top judges unanimously ruled that Leung ’ s rights had been breached under sexual discrimination laws when his hair was cut in jail .
Hong Kong prison authorities insist all male inmates keep their hair cut short , but female convicts are allowed to keep @ @ @ @ @ @ @ The fact that male prisoners are denied a choice as to their hair length , suggests that they are treated less favourably than female prisoners , ” the judges wrote , adding authorities had failed to explain why short hair was required for custodial discipline .
The decision comes at a sensitive time for Hong Kong ’ s judges .
Unlike China ’ s party-controlled judiciary , the city maintains an independent common law system that forms the bedrock of its success as a global trade and finance hub .
But two leading @ @ @ @ @ @ @ some prominent pro-government politicians — have recently begun calling for judicial reforms .
Beijing loyalists have been incensed by recent acquittals of some protesters and judicial reviews that have gone against the government .
Last week , a High Court judge delivered a damning ruling against police in a case linked to last year ’ s huge and often violent pro-democracy protests .
The judgement found that officers were wrong to hide their identification badges and that the city ’ s watchdog has been “ inadequate ” in investigating complaints against officers .
@ @ @ @ @ @ @ on the ruling under the headline “ Thugs rule , no human rights for policemen.
” Since last year ’ s massive protests , Beijing has imposed a sweeping national security law on the financial hub .
Britain has said it was considering whether to review allowing its judges to sit on Hong Kong ’ s highest court over concerns China is trampling on the city ’ s freedoms .

Hong Kong prison staff were wrong to cut off the locks of veteran dissident "Long Hair," the city's top court said Friday, in the second significant ruling against authorities this month.
HONG KONG (AFP) — Hong Kong prison staff were wrong to cut off the locks of veteran dissident "Long Hair," the city's top court said Friday, in the second significant ruling against authorities this month.
The decision comes as pro-establishment voices call for an overhaul of the judiciary — something opponents fear could muzzle the Hong Kong legal system's vaunted independence as Beijing cracks down on critics.
The ruling by the Court of Final Appeal is the culmination of a long legal battle by Leung Kwok-hung, 64, who served a brief jail sentence in 2014 linked to his protesting.
Better known by the sobriquet "Long Hair," he is one of the city's veteran dissidents, beginning his career campaigning against British colonial rule and later becoming a fierce critic of Beijing.
A panel of top judges unanimously ruled that Leung's rights had been breached under sexual discrimination laws when his hair was cut in jail.
Hong Kong prison authorities insist all male inmates keep their hair cut short, but female convicts are allowed to keep theirs long if they wish.
"The fact that male prisoners are denied a choice as to their hair length, suggests that they are treated less favourably than female prisoners," the judges wrote, adding authorities had failed to explain why short hair was required for custodial discipline.
Pressure on judges
The decision comes at a sensitive time for Hong Kong's judges.
Unlike China's party-controlled judiciary, the city maintains an independent common law system that forms the bedrock of its success as a global trade and finance hub.
But two leading pro-Beijing newspapers in the city — and some prominent pro-government politicians — have recently begun calling for judicial reforms.
Beijing loyalists have been incensed by recent acquittals of some protesters and judicial reviews that have gone against the government.
Last week, a High Court judge delivered a damning ruling against police in a case linked to last year's huge and often violent pro-democracy protests.
The judgement found that officers were wrong to hide their identification badges and that the city's watchdog has been "inadequate" in investigating complaints against officers.
One pro-Beijing newspaper ran a scathing report on the ruling under the headline "Thugs rule, no human rights for policemen."
Since last year's massive protests, Beijing has imposed a sweeping national security law on the financial hub.
Britain has said it was considering whether to review allowing its judges to sit on Hong Kong's highest court over concerns China is trampling on the city's freedoms.
by Jerome TAYLOR
© Agence France-Presse


courthousenews--2020-11-27--Report Claims CIA Controlled Second Swiss Encryption Firm

GENEVA , Switzerland ( AFP ) — Swiss politicians have voiced outrage and demanded an investigation after revelations that a second Swiss encryption company was allegedly used by the CIA and its German counterpart to spy on governments worldwide .
“ How can such a thing happen in a country that claims to be neutral like Switzerland ?
” co-head of Switzerland ’ s Socialist Party , Cedric Wermuth , asked in an interview with Swiss public broadcaster SRF late Thursday .
He called for a parliamentary inquiry after an SRF investigation broadcast on Wednesday found that a second Swiss @ @ @ @ @ @ @ spectacular espionage scheme orchestrated by U.S. and German intelligence services .
A first investigation had revealed back in February an elaborate , decades-long set-up , in which the CIA and its German counterpart creamed off the top-secret communications of governments through their hidden control of a Swiss encryption company called Crypto .
SRF ’ s report this week found that a second but smaller Swiss encryption firm , Omnisec , had been used in the same way .
That company , which was split off from Swiss cryptographic equipment maker Gretag in 1987 @ @ @ @ @ @ @ encryption equipment to governments around the world until it halted operations two years ago .
SRF ’ s investigative program Rundschau concluded that , like Crypto , Omnisec had sold manipulated equipment to foreign governments and armies .
Omnisec meanwhile also sold its faulty OC-500 series devices to several federal agencies in Switzerland , including its own intelligence agencies , as well as to Switzerland ’ s largest bank , UBS , and other private companies in the country , the SRF investigation showed .
The findings unleashed fresh outrage in Switzerland , @ @ @ @ @ @ @ revelations .
“ This shows that the problem is broader than just one company and we still have no answers on the political responsibility aspect , ” Wermuth said .
Hans-Peter Portman , a parliamentarian with the Liberal Party , agreed , saying he was particularly concerned to learn “ Swiss businesses are likely implicated and possibly affected.
” “ This raises the question of espionage even within the country , ” he told SRF .
An investigation by the Swiss parliament ’ s Control Delegation into the Crypto case concluded earlier this @ @ @ @ @ @ @ service had benefitted from the information gathered by its foreign counterparts through the encryption firm .
According to the revelations in February by SRF , the Washington Post and German broadcaster ZDF , Crypto served for decades as a Trojan horse to spy on governments worldwide .
The company supplied devices for encoded communications to some 120 countries from after World War II to the beginning of this century , including to Iran , South American governments , India and Pakistan .
Unknown to those governments , Crypto was secretly acquired in 1970 @ @ @ @ @ @ @ with the then West Germany ’ s BND Federal Intelligence Service .
Together they rigged Crypto ’ s equipment to be able to easily break the codes and read the government customers ’ messages .
Citing a classified internal CIA history of what was originally called operation “ Thesaurus ” and later “ Rubicon , ” the reports said that in the 1980s the harvest from the Crypto machines supplied roughly 40 percent of all the foreign communications US code-breakers processed for intelligence .

Swiss politicians have voiced outrage and demanded an investigation after revelations that a second Swiss encryption company was allegedly used by the CIA and its German counterpart to spy on governments worldwide.
GENEVA, Switzerland (AFP) — Swiss politicians have voiced outrage and demanded an investigation after revelations that a second Swiss encryption company was allegedly used by the CIA and its German counterpart to spy on governments worldwide.
"How can such a thing happen in a country that claims to be neutral like Switzerland?" co-head of Switzerland's Socialist Party, Cedric Wermuth, asked in an interview with Swiss public broadcaster SRF late Thursday.
He called for a parliamentary inquiry after an SRF investigation broadcast on Wednesday found that a second Swiss encryption firm had been part of a spectacular espionage scheme orchestrated by U.S. and German intelligence services.
A first investigation had revealed back in February an elaborate, decades-long set-up, in which the CIA and its German counterpart creamed off the top-secret communications of governments through their hidden control of a Swiss encryption company called Crypto.
SRF's report this week found that a second but smaller Swiss encryption firm, Omnisec, had been used in the same way.
That company, which was split off from Swiss cryptographic equipment maker Gretag in 1987, sold voice, fax and data encryption equipment to governments around the world until it halted operations two years ago.
SRF's investigative program Rundschau concluded that, like Crypto, Omnisec had sold manipulated equipment to foreign governments and armies.
Omnisec meanwhile also sold its faulty OC-500 series devices to several federal agencies in Switzerland, including its own intelligence agencies, as well as to Switzerland's largest bank, UBS, and other private companies in the country, the SRF investigation showed.
Espionage within Switzerland?
The findings unleashed fresh outrage in Switzerland, which is still reeling from the Crypto revelations.
"This shows that the problem is broader than just one company and we still have no answers on the political responsibility aspect," Wermuth said.
Hans-Peter Portman, a parliamentarian with the Liberal Party, agreed, saying he was particularly concerned to learn "Swiss businesses are likely implicated and possibly affected."
"This raises the question of espionage even within the country," he told SRF.
An investigation by the Swiss parliament's Control Delegation into the Crypto case concluded earlier this month that Switzerland's own intelligence service had benefitted from the information gathered by its foreign counterparts through the encryption firm.
According to the revelations in February by SRF, the Washington Post and German broadcaster ZDF, Crypto served for decades as a Trojan horse to spy on governments worldwide.
The company supplied devices for encoded communications to some 120 countries from after World War II to the beginning of this century, including to Iran, South American governments, India and Pakistan.
Unknown to those governments, Crypto was secretly acquired in 1970 by the U.S. Central Intelligence Agency together with the then West Germany's BND Federal Intelligence Service.
Together they rigged Crypto's equipment to be able to easily break the codes and read the government customers' messages.
Citing a classified internal CIA history of what was originally called operation "Thesaurus" and later "Rubicon," the reports said that in the 1980s the harvest from the Crypto machines supplied roughly 40 percent of all the foreign communications US code-breakers processed for intelligence.
© Agence France-Presse


courthousenews--2020-11-28--Peru Gold Mining is Increasing Wildlife Exposure to Mercury

( CN ) — Increased gold mining activity in Peru is leading to a dangerous ecological threat as newly dug pits have increased mercury exposure to wildlife and people , according to new research revealed Friday .
“ In heavily mined watersheds , there ’ s been a 670 % increase in the extent of ponds across the landscape since 1985 .
These ponds are almost entirely artificial lakes created as thousands of former mining pits fill in with rainwater and groundwater over time , ” said Simon Topp , co-lead author and a doctoral student in geological sciences at @ @ @ @ @ @ @ a release .
The study was published in the journal Science Advances .
Among forested areas in the South American country , ponds and pits dot the landscape left over from the gold mining industry .
These small bodies of water have low oxygen , which allows mercury — a leftover toxic chemical from gold mining processes — to be converted into methylmercury , which is even more toxic .
“ Methylmercury poses especially high risks for humans and large predators because it bioaccumulates in body tissue as it moves up the food @ @ @ @ @ @ @ given the high biodiversity and the large number of indigenous populations that live in the Peruvian Amazon , ” said Jacqueline Gerson , co-lead author and a doctoral student in ecology at Duke University .
Mercury , which can lead to death in humans and animals , is used to help separate gold ore from the soil it ’ s found in .
The most common form of mercury poisoning in humans is the consumption of fish , though it can sometimes occur from breathing contaminated air .
Some mining operations burn the @ @ @ @ @ @ @ , causing an even greater risk to the surrounding communities , according to the study .
The researchers arrived at their findings by collecting samples of water and sediment near gold mining sites around the Madre de Dios River in July and August of 2019 .
They examined the samples for mercury content , as well as methylmercury .
“ You can clearly see that the increase in artificial lakes and ponds in heavily mined areas accelerated after 2008 , when gold prices dramatically increased along with mining activity , ” Topp said @ @ @ @ @ @ @ , and the environmental and human health risks it causes , will continue as long as gold prices remain high and artisanal small-scale gold mining is a profitable activity , ” he said .

Increased gold mining activity in Peru is leading to a dangerous ecological threat as newly dug pits have increased mercury exposure to wildlife and people, according to new research revealed Friday.
(CN) — Increased gold mining activity in Peru is leading to a dangerous ecological threat as newly dug pits have increased mercury exposure to wildlife and people, according to new research revealed Friday.
"In heavily mined watersheds, there's been a 670% increase in the extent of ponds across the landscape since 1985. These ponds are almost entirely artificial lakes created as thousands of former mining pits fill in with rainwater and groundwater over time," said Simon Topp, co-lead author and a doctoral student in geological sciences at the University of North Carolina, in a release.
The study was published in the journal Science Advances.
Among forested areas in the South American country, ponds and pits dot the landscape left over from the gold mining industry. These small bodies of water have low oxygen, which allows mercury — a leftover toxic chemical from gold mining processes — to be converted into methylmercury, which is even more toxic.
"Methylmercury poses especially high risks for humans and large predators because it bioaccumulates in body tissue as it moves up the food chain. That's particularly concerning given the high biodiversity and the large number of indigenous populations that live in the Peruvian Amazon," said Jacqueline Gerson, co-lead author and a doctoral student in ecology at Duke University.
Mercury, which can lead to death in humans and animals, is used to help separate gold ore from the soil it's found in. The most common form of mercury poisoning in humans is the consumption of fish, though it can sometimes occur from breathing contaminated air.
Some mining operations burn the mercury off or drop it into rivers, causing an even greater risk to the surrounding communities, according to the study.
The researchers arrived at their findings by collecting samples of water and sediment near gold mining sites around the Madre de Dios River in July and August of 2019. They examined the samples for mercury content, as well as methylmercury.
"You can clearly see that the increase in artificial lakes and ponds in heavily mined areas accelerated after 2008, when gold prices dramatically increased along with mining activity," Topp said.
"We expect that this trend, and the environmental and human health risks it causes, will continue as long as gold prices remain high and artisanal small-scale gold mining is a profitable activity," he said.


courthousenews--2020-11-28--Black Friday Sees Record Online as US Shoppers Stay Home

( AP ) — Black Friday online sales hit a new record this year as pandemic-wary Americans filled virtual carts instead of real ones .
Consumers spent an estimated $ 9 billion on U.S. retail websites on Black Friday , according to Adobe Analytics , which tracks online shopping .
That was a 22 % increase over the previous record of $ 7.4 billion set in 2019 .
Meanwhile , traffic to physical stores plummeted as retailers tried to prevent crowds by cutting their hours and limiting doorbuster deals .
U.S. store visits dropped by 52 % on Black Friday @ @ @ @ @ @ @ retail tracker .
Traffic was slower in the Northeast and West than in the Midwest and South , said Brian Field , Sensormatic ’ s senior director of global retail consulting .
Jewelry and footwear saw some of the biggest in-person sales declines , according to RetailNext , a shopping tracker .
Apparel sales were down 50 % , while sales of home goods fell by 39 % .
Even with that drop , Black Friday will still likely end up as one of the biggest in-person shopping days in the U.S. this @ @ @ @ @ @ @ many people will still shop for the holidays in person , but will choose mid-week days when crowds are smaller .
Heavier in-store discounts and concerns about lengthy shipping times could also draw shoppers closer to Christmas .
“ Black Friday had a lot to lose , but some of it is going to be distributed throughout the holiday season , ” Field said .
One trend that could remain after the pandemic ends is that stores could remain closed on Thanksgiving Day , Field said .
Since 2013 , a growing number @ @ @ @ @ @ @ match their competitors and get a jump start on Black Friday .
But it ’ s typically not a big day for retailers , and this year many stayed closed .
Thanksgiving store traffic was down 95 % , he said .
Field said stores may be rethinking the cost of paying employees and opening on Thanksgiving when they could easily make up for those sales online .
“ I wonder , now that we ’ re seeing a season where they were able to cut the cord on it , if it @ @ @ @ @ @ @ said .
Adobe expects Monday to be the largest online sales day in U.S. history , with estimated spending of $ 10.8 billion to $ 12.7 billion .
One reason for the big numbers is that people are shopping online for things such as groceries and alcohol that they bought in person before the pandemic , Adobe said .
As for more traditional gifts , Hot Wheels cars , Lego sets , Apple AirPods , Samsung televisions and video games are among the biggest sellers .
Big retailers such as Walmart and Target @ @ @ @ @ @ @ retailers did as well , Adobe said .
Sales at big stores surged by 403 % on Thanksgiving and Black Friday compared to the daily average in October , but sales at smaller retailers also grew by 349 % .

Black Friday online sales hit a new record this year as pandemic-wary Americans filled virtual carts instead of real ones.
(AP) — Black Friday online sales hit a new record this year as pandemic-wary Americans filled virtual carts instead of real ones.
Consumers spent an estimated $9 billion on U.S. retail websites on Black Friday, according to Adobe Analytics, which tracks online shopping. That was a 22% increase over the previous record of $7.4 billion set in 2019.
Meanwhile, traffic to physical stores plummeted as retailers tried to prevent crowds by cutting their hours and limiting doorbuster deals. U.S. store visits dropped by 52% on Black Friday, according to Sensormatic Solutions, a retail tracker. Traffic was slower in the Northeast and West than in the Midwest and South, said Brian Field, Sensormatic's senior director of global retail consulting.
Jewelry and footwear saw some of the biggest in-person sales declines, according to RetailNext, a shopping tracker. Apparel sales were down 50%, while sales of home goods fell by 39%.
Even with that drop, Black Friday will still likely end up as one of the biggest in-person shopping days in the U.S. this year, Field said. He thinks many people will still shop for the holidays in person, but will choose mid-week days when crowds are smaller. Heavier in-store discounts and concerns about lengthy shipping times could also draw shoppers closer to Christmas.
"Black Friday had a lot to lose, but some of it is going to be distributed throughout the holiday season," Field said.
One trend that could remain after the pandemic ends is that stores could remain closed on Thanksgiving Day, Field said. Since 2013, a growing number of stores had opened on Thanksgiving to match their competitors and get a jump start on Black Friday. But it's typically not a big day for retailers, and this year many stayed closed. Thanksgiving store traffic was down 95%, he said.
Field said stores may be rethinking the cost of paying employees and opening on Thanksgiving when they could easily make up for those sales online.
"I wonder, now that we're seeing a season where they were able to cut the cord on it, if it will give them pause," he said.
Adobe expects Monday to be the largest online sales day in U.S. history, with estimated spending of $10.8 billion to $12.7 billion.
One reason for the big numbers is that people are shopping online for things such as groceries and alcohol that they bought in person before the pandemic, Adobe said. As for more traditional gifts, Hot Wheels cars, Lego sets, Apple AirPods, Samsung televisions and video games are among the biggest sellers.
Big retailers such as Walmart and Target benefited from the surge, but small retailers did as well, Adobe said. Sales at big stores surged by 403% on Thanksgiving and Black Friday compared to the daily average in October, but sales at smaller retailers also grew by 349%.
By DEE-ANN DURBIN AP Business Writer