courthousenews--2020-07-15--Democrat Sara Gideon Will Challenge Incumbent Susan Collins in Maine Senate Race

BOSTON ( CN ) — Maine ’ s Democratic House Speaker Sara Gideon won the state ’ s primary election Tuesday and will run against four-term U.S .
Senator Susan Collins in a pivotal race that could decide whether the Democrats regain a majority in the chamber .
With 15 % of the precincts counted , Gideon , a centrist , had 70.1 % of the vote .
Betsy Sweet , a left-wing activist and spiritual healer who was endorsed by the progressive group Justice Democrats , had 21.8 % .
A third candidate , self-described queer artist and public-interest @ @ @ @ @ @ @ .
Turnout was “ incredible ” in South Portland , the state ’ s fourth-largest city , city clerk Emily Scully told Courthouse News .
“ Four years ago , in a similar primary , we had 1,300 votes total , ” Scully said .
“ This year we ’ ve had 4,700 people voting just by absentee ballot.
” Gideon was leading in every city and town to report results so far except for tiny Brighton , Maine , where Sweet was ahead by a single vote .
In South Portland , @ @ @ @ @ @ @ .
In Biddeford , the state ’ s sixth-largest city , Gideon had 67 % .
Gideon had been widely expected to win the primary easily and face off against Collins , one of the Senate ’ s most endangered Republicans , who ran unopposed in her party ’ s primary .
Republicans hold a 53–47 advantage in the Senate and Democrats believe Maine is one of their best chances to pick up a seat .
Because of the national implications of the Maine race , the state has been awash in campaign @ @ @ @ @ @ @ million and has $ 5.5 million on hand , according to Federal Election Commission filings , and has also been the beneficiary of heavy spending by political action committees .
Collins has also collected significant sums but has been outraised by Gideon , indicating the intense Democratic focus on the race .
Although many candidates around the country have been pursuing a “ turn out the base ” strategy , Collins and Gideon are both moderates who are appealing to the center in a state that has the country ’ s oldest population @ @ @ @ @ @ @ Maine , ” said James Melcher , a political science professor at the University of Maine in Farmington , in an interview with Courthouse News .
Gideon has refused to endorse Medicare for All and the Green New Deal , while Collins didn ’ t vote for President Donald Trump in 2016 and has refused to say if she ’ ll vote for him this year .
A poll conducted June 20–24 by Moore Information , a Republican polling group , showed Collins up by 45 % to 37 % .
But a @ @ @ @ @ @ @ firm , Public Policy Polling , showed Gideon ahead by 46 % to 42 % .
The primary also represented a key test of balloting during a pandemic .
In the capital , Augusta , only one polling place was open in the entire city , in the Civic Center .
Bangor , a city of 33,000 , opened only one polling place and allowed only 20 people inside the building at a time .
Municipalities have been encouraging people to vote by absentee ballot , but in Portland that produced “ total @ @ @ @ @ @ @ s office as employees tried to process some 17,000 mail-in ballots , according to one official there .
“ It ’ s crazy .
There are no words , ” the city clerk , Katherine Jones , told Courthouse News .
Statewide there were almost 180,000 requests for absentee ballots as of last week , according to the state elections office , compared to fewer than 12,000 four years ago .
Collins became a national lightning rod for Democratic antagonism after she provided a highly publicized key vote to put Justice Brett Kavanaugh @ @ @ @ @ @ @ .
That vote “ lit a fire under Democrats who felt betrayed , ” said Melcher , although it also shored up Collins ’ base .
Previously she had faced a possible primary threat from conservative former Governor Paul LePage , but after the Kavanaugh vote LePage not only decided not to run but also put heavy pressure on another primary opponent , Derek Levasseur , to drop out of the race .
Because both Collins and Gideon are centrists and are avoiding hot-button issues , Gideon has been trying to portray Collins @ @ @ @ @ @ @ concerned with pleasing the Republican establishment in Washington rather than representing Maine ’ s unique interests .
Collins has portrayed Gideon as untested and risky .
Some of her ads have attacked Gideon for waiting too long to condemn a Democratic legislator who was accused of sexual misconduct with a student .
Gideon has recently begun running ads defending herself against the charge , so “ apparently it ’ s working , ” Melcher said .
Gideon ’ s father is from India and her mother is second-generation Armenian , but she hasn @ @ @ @ @ @ @ in the campaign .
A bigger issue , said Melcher , is that Gideon wasn ’ t born in Maine and grew up in Rhode Island .
“ In Maine , that ’ s a big deal , ” said Melcher ; it ’ s significant if candidates have “ real Maine roots ” as opposed to hailing from another part of New England .
Collins was born and raised in Caribou , Maine , which bills itself as “ America ’ s most northeastern city.
” Her family runs a lumber business @ @ @ @ @ @ @ Maine has been trending Democratic in terms of party enrollment .
Democrats have added 40,000 new voters since 2016 , compared with fewer than 6,000 new Republicans .
Statewide , Democrats account for about 36 % of the state ’ s roughly 1 million voters ; some 32.5 % are independents and 27.5 % are Republicans .
About 4 % belong to the Green Party .
Some of Maine ’ s 571 precincts are extremely rural .
In Macwahoc , with 100 % of the town ’ s vote in , Gideon won @ @ @ @ @ @ @ of Crawford , Gideon won both of them .

Mainers Advance Democrat Sara Gideon to Challenge Senator Collins
BOSTON (CN) — Maine’s Democratic House Speaker Sara Gideon won the state’s primary election Tuesday and will run against four-term U.S. Senator Susan Collins in a pivotal race that could decide whether the Democrats regain a majority in the chamber.
With 15% of the precincts counted, Gideon, a centrist, had 70.1% of the vote.
Betsy Sweet, a left-wing activist and spiritual healer who was endorsed by the progressive group Justice Democrats, had 21.8%. A third candidate, self-described queer artist and public-interest attorney Bre Kidman, had 8%.
Turnout was “incredible” in South Portland, the state’s fourth-largest city, city clerk Emily Scully told Courthouse News.
“Four years ago, in a similar primary, we had 1,300 votes total,” Scully said. “This year we’ve had 4,700 people voting just by absentee ballot.”
Gideon was leading in every city and town to report results so far except for tiny Brighton, Maine, where Sweet was ahead by a single vote.
In South Portland, Gideon had 71% of the vote. In Biddeford, the state’s sixth-largest city, Gideon had 67%.
Gideon had been widely expected to win the primary easily and face off against Collins, one of the Senate’s most endangered Republicans, who ran unopposed in her party’s primary. Republicans hold a 53–47 advantage in the Senate and Democrats believe Maine is one of their best chances to pick up a seat.
Because of the national implications of the Maine race, the state has been awash in campaign money. Gideon has raised $24 million and has $5.5 million on hand, according to Federal Election Commission filings, and has also been the beneficiary of heavy spending by political action committees.
Collins has also collected significant sums but has been outraised by Gideon, indicating the intense Democratic focus on the race.
Although many candidates around the country have been pursuing a “turn out the base” strategy, Collins and Gideon are both moderates who are appealing to the center in a state that has the country’s oldest population.
“People are such ticket-splitters in Maine,” said James Melcher, a political science professor at the University of Maine in Farmington, in an interview with Courthouse News.
Gideon has refused to endorse Medicare for All and the Green New Deal, while Collins didn’t vote for President Donald Trump in 2016 and has refused to say if she’ll vote for him this year.
A poll conducted June 20–24 by Moore Information, a Republican polling group, showed Collins up by 45% to 37%. But a poll taken July 2–3 by a Democratic firm, Public Policy Polling, showed Gideon ahead by 46% to 42%.
Real Clear Politics rates the race a toss-up.
The primary also represented a key test of balloting during a pandemic. In the capital, Augusta, only one polling place was open in the entire city, in the Civic Center.
Bangor, a city of 33,000, opened only one polling place and allowed only 20 people inside the building at a time.
Municipalities have been encouraging people to vote by absentee ballot, but in Portland that produced “total chaos” at the city clerk’s office as employees tried to process some 17,000 mail-in ballots, according to one official there.
“It’s crazy. There are no words,” the city clerk, Katherine Jones, told Courthouse News.
Statewide there were almost 180,000 requests for absentee ballots as of last week, according to the state elections office, compared to fewer than 12,000 four years ago.
Collins became a national lightning rod for Democratic antagonism after she provided a highly publicized key vote to put Justice Brett Kavanaugh on the Supreme Court in October 2018.
That vote “lit a fire under Democrats who felt betrayed,” said Melcher, although it also shored up Collins’ base. Previously she had faced a possible primary threat from conservative former Governor Paul LePage, but after the Kavanaugh vote LePage not only decided not to run but also put heavy pressure on another primary opponent, Derek Levasseur, to drop out of the race.
Because both Collins and Gideon are centrists and are avoiding hot-button issues, Gideon has been trying to portray Collins as someone who has lately become more concerned with pleasing the Republican establishment in Washington rather than representing Maine’s unique interests.
Collins has portrayed Gideon as untested and risky. Some of her ads have attacked Gideon for waiting too long to condemn a Democratic legislator who was accused of sexual misconduct with a student.
Gideon has recently begun running ads defending herself against the charge, so “apparently it’s working,” Melcher said.
Gideon’s father is from India and her mother is second-generation Armenian, but she hasn’t promoted her diverse ethnic background in the campaign.
A bigger issue, said Melcher, is that Gideon wasn’t born in Maine and grew up in Rhode Island. “In Maine, that’s a big deal,” said Melcher; it’s significant if candidates have “real Maine roots” as opposed to hailing from another part of New England.
Collins was born and raised in Caribou, Maine, which bills itself as “America’s most northeastern city.” Her family runs a lumber business there that it started in 1844.
Maine has been trending Democratic in terms of party enrollment. Democrats have added 40,000 new voters since 2016, compared with fewer than 6,000 new Republicans. Statewide, Democrats account for about 36% of the state’s roughly 1 million voters; some 32.5% are independents and 27.5% are Republicans. About 4% belong to the Green Party.
Some of Maine’s 571 precincts are extremely rural. In Macwahoc, with 100% of the town’s vote in, Gideon won all three votes. In the town of Crawford, Gideon won both of them.


courthousenews--2020-07-15--Alabama Voters Pick Trump-Backed Football Coach for GOP Senate Candidate

( CN ) — Tommy Tuberville , the former football coach for Auburn University , has another win .
After Alabama pushed off a runoff primary over concerns of the coronavirus , Republican voters took to the polls Tuesday to choose which candidate would seek the Alabama Senate seat currently held by the most vulnerable incumbent Democratic senator this election season : Doug Jones .
Tuberville earned about 61.2 % of the vote with 65 of Alabama ’ s 67 counties reporting , according to the Alabama Secretary of State .
Former U.S. Attorney General Jeff Sessions trailed with about @ @ @ @ @ @ @ 485,000 of Alabama ’ s 3.6 million registered voters voted in the runoff primary election .
The race tested whether Sessions — vying for the seat he had held in the Senate for two decades — still had the support of Republican voters in crimson red Alabama .
Speaking to supporters in a hotel ballroom in Montgomery , Tuberville stuck a conciliatory tone with Sessions and his supporters .
“ Now we ’ re on the same team , ” Tuberville said minutes after he took the stage and a five-piece band strummed @ @ @ @ @ @ @ , Tuberville had spoken with President Donald Trump on the phone .
Describing the next three months until election day as a tough race , Tuberville criticized Jones ’ record in the Senate as one dictated by Democrat leaders outside the state .
For instance , Tuberville brought up Jones ’ vote against U.S. Supreme Court Associate Justice Brett Kavanaugh as a vote against conservative judges .
“ Doug Jones ’ Alabama is not the conservative state that we love and embrace and defend , ” Tuberville said .
In a statement Tuesday @ @ @ @ @ @ @ reach across the aisle and said during his time in the Senate he helped pass 17 bipartisan bills and worked on bolstering rural hospitals .
“ That ’ s the record I will present to the people of Alabama at a time when our country and our state face multiple crises , ” Jones said .
Days before this election , the Alabama Secretary of State ’ s office told poll workers they could strongly recommend — but not require — voters wear masks at polling locations .
Even before the hot election @ @ @ @ @ @ @ was affected by the coronavirus , as Alabama had rescheduled the election that was originally set to take place at the end of March .
Sessions was the first senator to endorse President Donald Trump , who embraced many of Sessions ’ immigration policies .
In 2016 , 62 % of Alabama voters cast ballots for Trump .
Sessions became Trump ’ s attorney general , but the relationship soured when Sessions recused himself from the investigation into Russian influence on the 2016 presidential election .
Ultimately , Sessions resigned at the request @ @ @ @ @ @ @ his former Senate seat in 2017 went to Democrat Senator Doug Jones after Republican challenger Roy Moore — twice removed from the Alabama Supreme Court – was accused of sexual impropriety weeks before the special election .
During his race seeking to reclaim his former seat this year , Session has touted a tough stance on immigration and a list of policy proposals including a vow to hold China responsible for Covid-19 .
Sessions has also gone on the attack and described Tuberville as an “ unvetted candidate.
” But Tuberville has the @ @ @ @ @ @ @ .
In mid-June , Tuberville touted a visit he made on Air Force One , where he talked with Trump about the president ’ s plans for the economy .
In February , Tuberville was campaigning across the state with a blue bus emblazoned with slogans such as “ The People vs .
The Swamp Tour.
” At the end of June , the bus caught fire along a highway in northeastern Alabama .
The DeKalb County Sheriff ’ s Office posted pictures on Facebook of flames jumping out of the back of @ @ @ @ @ @ @ During the March 3 primary , about 718,000 voters cast ballots in the Republican Senate primary race .
Of those , 31.64 % supported Sessions while Tuberville edged ahead with 33.39 % .
The remaining third of voters were split in support across five other candidates , triggering a runoff .
In this runoff primary , almost 43,700 voters requested absentee ballots for the July 14 election .
According to a spokesperson for the Secretary of State , about 26,500 absentee ballots were cast by Monday morning .
Neither the Sessions campaign nor @ @ @ @ @ @ @ comment Tuesday .
Earlier in the day , as Jessica Barker drove between polling locations , the big issue on her mind was the slow trickle of voters turning out this election .
Barker , co-founder of Lift Our Vote 2020 , told Courthouse News by phone that poll greeters who were speaking with voters in parking lots outside of polling locations in Birmingham and Mobile told her most voters were over 50 .
It was rare to see a voter under 35 .
Barker blamed the low turnout to the spread of @ @ @ @ @ @ @ masks , sanitizing their hands and “ social distancing is very prevalent.
” Some voters faced barriers to meeting the state ’ s requirements to vote absentee , Barker said , such as not having access to a printer in order to send in a copy of their ID .
“ I don ’ t think the State of Alabama did a good job at making sure its citizens felt comfortable in voting during these election cycles , ” Barker said .

Trump-Backed Football Coach Bests Sessions in Alabama Senate Race
(CN) — Tommy Tuberville, the former football coach for Auburn University, has another win.
After Alabama pushed off a runoff primary over concerns of the coronavirus, Republican voters took to the polls Tuesday to choose which candidate would seek the Alabama Senate seat currently held by the most vulnerable incumbent Democratic senator this election season: Doug Jones.
Tuberville earned about 61.2% of the vote with 65 of Alabama’s 67 counties reporting, according to the Alabama Secretary of State. Former U.S. Attorney General Jeff Sessions trailed with about 38.8% of the vote.
About 485,000 of Alabama’s 3.6 million registered voters voted in the runoff primary election.
The race tested whether Sessions — vying for the seat he had held in the Senate for two decades — still had the support of Republican voters in crimson red Alabama.
Speaking to supporters in a hotel ballroom in Montgomery, Tuberville stuck a conciliatory tone with Sessions and his supporters. “Now we’re on the same team,” Tuberville said minutes after he took the stage and a five-piece band strummed “America the Beautiful.”
Minutes before, Tuberville had spoken with President Donald Trump on the phone.
President Donald Trump sits with Attorney General Jeff Sessions during the FBI National Academy graduation ceremony in Quantico, Va., on Dec. 15, 2017. (AP Photo/Evan Vucci, File)
Describing the next three months until election day as a tough race, Tuberville criticized Jones’ record in the Senate as one dictated by Democrat leaders outside the state. For instance, Tuberville brought up Jones’ vote against U.S. Supreme Court Associate Justice Brett Kavanaugh as a vote against conservative judges.
“Doug Jones’ Alabama is not the conservative state that we love and embrace and defend,” Tuberville said.
In a statement Tuesday night, Jones stressed his ability to reach across the aisle and said during his time in the Senate he helped pass 17 bipartisan bills and worked on bolstering rural hospitals.
“That's the record I will present to the people of Alabama at a time when our country and our state face multiple crises,” Jones said.
Days before this election, the Alabama Secretary of State’s office told poll workers they could strongly recommend — but not require — voters wear masks at polling locations. Even before the hot election day dawned over the state, it was affected by the coronavirus, as Alabama had rescheduled the election that was originally set to take place at the end of March.
Sessions was the first senator to endorse President Donald Trump, who embraced many of Sessions’ immigration policies.
In 2016, 62% of Alabama voters cast ballots for Trump.
Sessions became Trump’s attorney general, but the relationship soured when Sessions recused himself from the investigation into Russian influence on the 2016 presidential election. Ultimately, Sessions resigned at the request of Trump.
The race to fill his former Senate seat in 2017 went to Democrat Senator Doug Jones after Republican challenger Roy Moore — twice removed from the Alabama Supreme Court – was accused of sexual impropriety weeks before the special election.
During his race seeking to reclaim his former seat this year, Session has touted a tough stance on immigration and a list of policy proposals including a vow to hold China responsible for Covid-19.
Sessions has also gone on the attack and described Tuberville as an “unvetted candidate.”
But Tuberville has the prized endorsement: the support of Trump.
In mid-June, Tuberville touted a visit he made on Air Force One, where he talked with Trump about the president’s plans for the economy.
In February, Tuberville was campaigning across the state with a blue bus emblazoned with slogans such as “The People vs. The Swamp Tour.”
At the end of June, the bus caught fire along a highway in northeastern Alabama. The DeKalb County Sheriff’s Office posted pictures on Facebook of flames jumping out of the back of the bus into the night sky.
During the March 3 primary, about 718,000 voters cast ballots in the Republican Senate primary race. Of those, 31.64% supported Sessions while Tuberville edged ahead with 33.39%.
The remaining third of voters were split in support across five other candidates, triggering a runoff.
In this runoff primary, almost 43,700 voters requested absentee ballots for the July 14 election. According to a spokesperson for the Secretary of State, about 26,500 absentee ballots were cast by Monday morning.
Neither the Sessions campaign nor the Tuberville campaign immediately returned requests for comment Tuesday.
Earlier in the day, as Jessica Barker drove between polling locations, the big issue on her mind was the slow trickle of voters turning out this election. Barker, co-founder of Lift Our Vote 2020, told Courthouse News by phone that poll greeters who were speaking with voters in parking lots outside of polling locations in Birmingham and Mobile told her most voters were over 50. It was rare to see a voter under 35.
Barker blamed the low turnout to the spread of Covid-19, even though voters were wearing masks, sanitizing their hands and “social distancing is very prevalent.”
Some voters faced barriers to meeting the state’s requirements to vote absentee, Barker said, such as not having access to a printer in order to send in a copy of their ID.
“I don't think the State of Alabama did a good job at making sure its citizens felt comfortable in voting during these election cycles,” Barker said.


courthousenews--2020-07-15--Former Air Force Pilot Wins Texas Democratic U.S. Senate Primary Runoff

SAN ANTONIO ( CN ) — Texas Democratic voters on Tuesday narrowly chose retired Air Force pilot MJ Hegar as their U.S. Senate nominee , setting up a General Election matchup with three-term Republican John Cornyn in what is likely to be one of the nation ’ s most-watched Senate races .
“ We ’ re going to turn the direction of this entire country from right here in Texas and let ’ s be honest that ’ s how it should be right because we ’ re Texas , ” Hegar said Tuesday night during a virtual party via @ @ @ @ @ @ @ excited , we ’ re going to defeat Cornyn , and we ’ re going to get the action we need finally .
With 87 % of polling places reporting in Tuesday ’ s primary election , Hegar was in the lead with 52 % of the vote , to West ’ s 48 % .
“ I am humbled by the support we have received from all across the state , and am confident we have a decisive victory , ” Hegar said in the statement .
“ Together , we are @ @ @ @ @ @ @ take down Senator Cornyn and deliver real results on health care , racial justice , economic opportunity , climate change , immigration , and gun violence ” West , meanwhile , said on Twitter that he would release a statement Wednesday morning after evaluating vote totals again .
“ Still many boxes out in urban centers , ” West wrote .
West , an attorney who has spent the last 27 years in the Texas state Senate , took a thin early lead but trailed Hegar as Election Day totals rolled in .
@ @ @ @ @ @ @ a Mitch McConnel bootlicker who lives on top of an ivory tower , ” served three tours in Afghanistan as a helicopter pilot , winning a Purple Heart and a Distinguished Flying Cross .
She successfully challenged the Pentagon ’ s ground combat exclusion policy in 2012 , which excluded women from certain positions and promotions , before nearly unseating Republican Congressman John Carter in 2018 .
Hegar , 44 , was the first high-profile candidate to jump into the U.S. Senate Democratic primary , vastly outraised her 11 other opponents , and @ @ @ @ @ @ @ both the March primary and runoff election Tuesday night , delayed from May because of concerns over the Covid-19 pandemic .
Both Hegar and West , who has called himself the “ true Democrat ” in the race , had been locked in a bitter primary battle since the two advanced to the runoff in what began as a crowded 12-person race .
They have clashed over experience , electability and party devotion , issues brought out at a June 29 debate that quickly spilled over into social media charges of racism , @ @ @ @ @ @ @ , a former Air Force helicopter pilot and Purple Heart recipient , has been aided by national progressive groups pumping millions of dollars worth of ad buys in the state ’ s four major media markets , and she enjoyed the backing of Senate Minority Leader Chuck Schumer and national progressive groups including EMILY ’ s List and the Democratic Senatorial Campaign Committee .
West , who hoped to become the state ’ s first Black U.S .
Senator , had been relying on his long list of high-profile endorsements and large-scale social @ @ @ @ @ @ @ Hegar ’ s Democratic credentials , making an issue of her vote for Carly Fiorina in the 2016 Republican primary , and her lack of political experience as somebody who has never held elected office .
“ Experience does matter , ” Hegar said at a debate last month .
“ And I don ’ t know about you but I ’ m tired of career politicians condescending to me that my 12 years in uniform , bleeding for our constitution on foreign soil , five years working in health care , or @ @ @ @ @ @ @ 3 and 5-year-old are not important enough to consider.
” Democrats and progressive groups have made traditionally red Texas a major 2020 target , providing staffing and funding resources for candidates up and down the ballot in hopes of a massive shift in the political landscape in the era of Donald Trump .
Presumptive Democratic nominee Joe Biden ’ s campaign launched his first General Election TV spot this week in the state that Trump carried by nine percentage points over Hillary Clinton in 2016 .
GOP primary voters in Texas Tuesday picked @ @ @ @ @ @ @ Josh Winegarner in the solidly conservative 13th Congressional District seat being vacated by Congressman Mac Thornberry , who is retiring .
Former Congressman Pete Sessions ’ political comeback became a little clearer after fending off a runoff challenge from Renee Swann in the 17th Congressional District .
He will face Democrat Rick Kennedy , who won his party ’ s runoff Tuesday .
More than a million Texans voted during the state ’ s two-week period of early voting , according to a Texas Secretary of State spokesman , with a large majority @ @ @ @ @ @ @ ongoing Covid-19 pandemic .

Former Air Force Pilot Wins Texas Primary to Take On GOP’s Cornyn
SAN ANTONIO (CN) — Texas Democratic voters on Tuesday narrowly chose retired Air Force pilot MJ Hegar as their U.S. Senate nominee, setting up a General Election matchup with three-term Republican John Cornyn in what is likely to be one of the nation’s most-watched Senate races.
“We’re going to turn the direction of this entire country from right here in Texas and let’s be honest that’s how it should be right because we’re Texas,” Hegar said Tuesday night during a virtual party via Zoom. “I’m very excited, we’re going to defeat Cornyn, and we’re going to get the action we need finally.
With 87% of polling places reporting in Tuesday’s primary election, Hegar was in the lead with 52% of the vote, to West’s 48%.
Hegar's campaign declared victory in a press statement late Tuesday.
“I am humbled by the support we have received from all across the state, and am confident we have a decisive victory," Hegar said in the statement. "Together, we are mounting a Texas-sized winning campaign that will take down Senator Cornyn and deliver real results on health care, racial justice, economic opportunity, climate change, immigration, and gun violence"
West, meanwhile, said on Twitter that he would release a statement Wednesday morning after evaluating vote totals again.
"Still many boxes out in urban centers," West wrote.
West, an attorney who has spent the last 27 years in the Texas state Senate, took a thin early lead but trailed Hegar as Election Day totals rolled in.
Hegar, who has called Cornyn “a Mitch McConnel bootlicker who lives on top of an ivory tower,” served three tours in Afghanistan as a helicopter pilot, winning a Purple Heart and a Distinguished Flying Cross. She successfully challenged the Pentagon’s ground combat exclusion policy in 2012, which excluded women from certain positions and promotions, before nearly unseating Republican Congressman John Carter in 2018.
Hegar, 44, was the first high-profile candidate to jump into the U.S. Senate Democratic primary, vastly outraised her 11 other opponents, and came in as the top vote-getter in both the March primary and runoff election Tuesday night, delayed from May because of concerns over the Covid-19 pandemic.
Both Hegar and West, who has called himself the “true Democrat” in the race, had been locked in a bitter primary battle since the two advanced to the runoff in what began as a crowded 12-person race. They have clashed over experience, electability and party devotion, issues brought out at a June 29 debate that quickly spilled over into social media charges of racism, sexism and possible ethics violations.
Hegar, a former Air Force helicopter pilot and Purple Heart recipient, has been aided by national progressive groups pumping millions of dollars worth of ad buys in the state’s four major media markets, and she enjoyed the backing of Senate Minority Leader Chuck Schumer and national progressive groups including EMILY’s List and the Democratic Senatorial Campaign Committee.
West, who hoped to become the state’s first Black U.S. Senator, had been relying on his long list of high-profile endorsements and large-scale social media and get-out-the-vote strategies. He questioned Hegar’s Democratic credentials, making an issue of her vote for Carly Fiorina in the 2016 Republican primary, and her lack of political experience as somebody who has never held elected office.
“Experience does matter,” Hegar said at a debate last month. “And I don’t know about you but I’m tired of career politicians condescending to me that my 12 years in uniform, bleeding for our constitution on foreign soil, five years working in health care, or my experience as a mom of a 3 and 5-year-old are not important enough to consider.”
Democrats and progressive groups have made traditionally red Texas a major 2020 target, providing staffing and funding resources for candidates up and down the ballot in hopes of a massive shift in the political landscape in the era of Donald Trump.
Presumptive Democratic nominee Joe Biden’s campaign launched his first General Election TV spot this week in the state that Trump carried by nine percentage points over Hillary Clinton in 2016.
Rear Adm. Ronny Jackson, President Donald Trump's choice to be secretary of the Department of Veterans Affairs, leaves a Senate office building after meeting individually with some members of the committee that would vet him for the post, on Capitol Hill in Washington, Tuesday, April 24, 2018. Senate leaders have indefinitely delayed the confirmation hearing for President Donald Trump's pick to be Veterans Affairs secretary, citing "serious allegations" involving his past behavior as a White House physician. (AP Photo/J. Scott Applewhite)
GOP primary voters in Texas Tuesday picked former White House physician Ronny Jackson over Josh Winegarner in the solidly conservative 13th Congressional District seat being vacated by Congressman Mac Thornberry, who is retiring. Former Congressman Pete Sessions’ political comeback became a little clearer after fending off a runoff challenge from Renee Swann in the 17th Congressional District. He will face Democrat Rick Kennedy, who won his party’s runoff Tuesday.
More than a million Texans voted during the state’s two-week period of early voting, according to a Texas Secretary of State spokesman, with a large majority — 763,326 — voting in-person despite the ongoing Covid-19 pandemic.


courthousenews--2020-07-15--DC Circuit Pauses Dakota Access Pipeline Shutdown

WASHINGTON ( CN ) — The D.C .
Circuit granted a request from the Trump administration on Tuesday evening to hold off shutting down the Dakota Access pipeline .
The federal appeals court granted an administrative stay of U.S. District Judge James E. Boasberg ’ s order to drain the controversial pipeline by Aug. 5 .
The Obama appointee had ruled last week that the U.S. Army Corps of Engineers failed to assess the environmental impact of the pipeline before permitting Dakota Access to break ground .
“ Fearing severe environmental consequences , American Indian Tribes on nearby reservations have @ @ @ @ @ @ @ permits allowing the Dakota Access Pipeline to carry oil under the lake , ” Boasberg wrote .
“ Today they finally achieve that goal — at least for the time being.
” The Justice Department appealed for a temporary block of the order arguing it would cause irreparable harm to the U.S. oil and gas industry .
The stay passed down Tuesday allows the crude oil pipeline stretching from North Dakota to Illinois to remain operational while the three-judge circuit court panel reviews arguments in the case .
The unsigned order made clear @ @ @ @ @ @ @ to the merits of the government ’ s emergency motion for a stay .
The panel is composed of U.S .
Circuit Judge Judith Rogers , a Bill Clinton appointee , U.S .
Circuit Judge Thomas Griffith , a George W. Bush appointee , and U.S .
Circuit Judge Cornelia Pillard , an Obama appointee .
In 2017 , Boasberg opted not to halt the flow of oil while federal regulators zeroed in on the possible environmental toll of the pipeline , writing three years ago that the dispute at that time had @ @ @ @ @ @ @ turns as the 1,172-mile pipeline .
In issuing his recent order , the judge acknowledged the sweeping impact of his decision to finally order the closure .
“ The court does not reach its decision with blithe disregard for the lives it will affect , ” Boasberg wrote .
“ It readily acknowledges that , even with the currently low demand for oil , shutting down the pipeline will cause significant disruption.
” The D.C .
Circuit ordered briefs due next week in the legal battle now long-running through the Washington federal courts @ @ @ @ @ @ @ marked a major victory for Native American tribes , with Standing Rock Sioux Tribe Chairman Mike Faith praising it as historic .
“ This pipeline should have never been built here , ” Faith said in a July 6 statement .
“ We told them that from the beginning.
” President Donald Trump had expedited approval for the pipeline just two days after taking office , following a stall by the Obama administration in order to draw up an environmental impact statement .
The Army Corps is now drafting a new court-ordered environmental @ @ @ @ @ @ @ mid-2021 .

The D.C. Circuit granted a request from the Trump administration on Tuesday evening to hold off shutting down the Dakota Access pipeline.
WASHINGTON (CN) — The D.C. Circuit granted a request from the Trump administration on Tuesday evening to hold off shutting down the Dakota Access pipeline.
The federal appeals court granted an administrative stay of U.S. District Judge James E. Boasberg’s order to drain the controversial pipeline by Aug. 5.
The Obama appointee had ruled last week that the U.S. Army Corps of Engineers failed to assess the environmental impact of the pipeline before permitting Dakota Access to break ground.
“Fearing severe environmental consequences, American Indian Tribes on nearby reservations have sought for several years to invalidate federal permits allowing the Dakota Access Pipeline to carry oil under the lake,” Boasberg wrote. “Today they finally achieve that goal — at least for the time being.”
The Justice Department appealed for a temporary block of the order arguing it would cause irreparable harm to the U.S. oil and gas industry.
The stay passed down Tuesday allows the crude oil pipeline stretching from North Dakota to Illinois to remain operational while the three-judge circuit court panel reviews arguments in the case.
The unsigned order made clear the judges had reached no conclusions as to the merits of the government’s emergency motion for a stay.
The panel is composed of U.S. Circuit Judge Judith Rogers, a Bill Clinton appointee, U.S. Circuit Judge Thomas Griffith, a George W. Bush appointee, and U.S. Circuit Judge Cornelia Pillard, an Obama appointee.
In 2017, Boasberg opted not to halt the flow of oil while federal regulators zeroed in on the possible environmental toll of the pipeline, writing three years ago that the dispute at that time had already taken nearly as many twists and turns as the 1,172-mile pipeline.
In issuing his recent order, the judge acknowledged the sweeping impact of his decision to finally order the closure.
“The court does not reach its decision with blithe disregard for the lives it will affect,” Boasberg wrote. “It readily acknowledges that, even with the currently low demand for oil, shutting down the pipeline will cause significant disruption.”
The D.C. Circuit ordered briefs due next week in the legal battle now long-running through the Washington federal courts.
Last week’s ruling had marked a major victory for Native American tribes, with Standing Rock Sioux Tribe Chairman Mike Faith praising it as historic.
“This pipeline should have never been built here,” Faith said in a July 6 statement. “We told them that from the beginning.”
President Donald Trump had expedited approval for the pipeline just two days after taking office, following a stall by the Obama administration in order to draw up an environmental impact statement. The Army Corps is now drafting a new court-ordered environmental report, expected to be completed by mid-2021.


courthousenews--2020-07-16--Study Finds Shifts in Congressional Social Media Landscape

A new Pew Research Center analysis of Facebook posts and tweets from members of Congress since 2015 shows that Democrats post more but Republicans have more audience engagement .
( CN ) — Political discourse on social media has grown since the 2016 presidential campaign cycle began , and the last several years have seen a surge in lawmakers taking to platforms like Twitter and Facebook to reach voters .
Since 2015 , politicians on both sides of the aisle have posted and tweeted more often , and their posts have received increasing interaction , even outside of the high-profile @ @ @ @ @ @ @ a Pew Research Center study published Thursday , researchers compiled data from congressional users ’ social media accounts , including more than 1.5 million Facebook posts from 1,388 accounts and more than 3.3 million tweets from 1,362 Twitter accounts .
Using the median member of Congress as the metric , researchers found that more and more private users are interacting with posts from federal lawmakers as the various official accounts post and tweet more often , though the increases differed between Democrats and Republicans .
For example , the median Republican member of @ @ @ @ @ @ @ per month in 2016 , which grew to 73 tweets in 2020 .
Facebook posts from the median Republican lawmaker grew from 37 posts per month in 2016 to 44 posts in 2020 .
Democratic lawmakers were even more prolific online — the median Democrat in Congress tweeted 68 times per month on average in 2016 , which grew to 130 tweets this year .
Facebook posts from the median Democrat also grew from 29 per month in 2016 to 55 per month in 2020 .
However , while the median Democratic lawmaker @ @ @ @ @ @ @ Republican counterpart , posts from Republican lawmakers receive more interactions from private users .
For example , the median Republican received an average of 91 favorites per tweet in 2020 , whereas the Democratic counterpart received only 62 favorites , or likes .
Similarly , the median Republican received 131 reactions per post on Facebook , while the Democratic counterpart received only 93 reactions .
The sharing of posts across both platforms was far less divergent between Democrats and Republicans , though the median Republican nonetheless enjoyed more retweets and shares ( an @ @ @ @ @ @ @ 21 shares per Facebook post ) than the Democratic counterpart ( 19 retweets and 14 shares ) .
Notably , this phenomenon represented an inversion that happened at two different points depending on the platform .
On Twitter , the spike in engagement with Republican users happened in December 2019 when the House of Representatives impeached President Donald Trump .
On Facebook , the engagement inversion happened nearly a year earlier at the start of the 166th Congress in January 2019 .
Patrick van Kessel , senior data scientist at Pew and co-author @ @ @ @ @ @ @ interview that while researchers were not able to necessarily characterize the motivations of private users in their interactions with posts from congressional lawmakers , they found that engagement with the median Republican post increased at a higher rate than the number of times the lawmaker posted .
Further , van Kessel explained that this divergence was more pronounced , as compared to Democrats , on Facebook due to partisan demographics .
In a 2019 Pew survey , 62 % of respondents who used Twitter identified as a Democrat , whereas only 50 % @ @ @ @ @ @ @ Van Kessel said that while the study could not necessarily parse engagement at the granular level of individual users , the trends indicated that major political events drove the Republican boost in engagement above all else .
He said the study did not delve into the contextual nuance of each social media engagement , but he did explain that not every engagement was created equal .
“ Seventy-one percent of the typical Republican ’ s post received a ‘ like , ’ ” he said , but he explained that users also often @ @ @ @ @ @ @ likely to deride those same posts .
However , the most followed users who fell well outside the median lawmaker represented a much larger portion of the overall engagement , and the numbers slightly favored Democrats in that category .
For example , the top 10 % of Democratic congressional users represented 17 % of the total congressional tweets studied but made up 86 % of all favorites and 83 % of all retweets .
Similarly , Democratic power users represented 18 % of total Facebook posts among Democrats but accounted for 86 @ @ @ @ @ @ @ shares .
In contrast , the top 10 % of Republican users represented 19 % of all GOP tweets but received 80 % of the favorites and 78 % of the retweets — slightly lower their Democratic counterparts .
Similarly , Republican power users represented 12 % of all Facebook posts but received only 54 % of the reactions and 70 % of the shares .
Democratic examples of these power users are Senator Bernie Sanders of Vermont with more than 21 million Twitter followers , Senator Elizabeth Warren of Massachusetts , who @ @ @ @ @ @ @ Congresswoman Alexandria Ocasio-Cortez of New York , with more than 7 million followers .
Republican examples include Senator Ted Cruz of Texas , who has over 5 million followers on Twitter , Senator Marco Rubio of Florida , with more than 4 million followers and Senator Mitt Romney of Utah , who is followed by over 2 million Twitter users .
The content of individual posts also affected engagement , according to the study .
For example , the median Democrat received the most engagement on posts that featured the # NoBillNoBreak hashtag @ @ @ @ @ @ @ sit-in by House Democrats demanding gun control .
The median Republican , meanwhile , received the most engagement with posts including the name of Congressman Adam Schiff , the California Democrat who led the House impeachment inquiry of President Trump .
Democrats and Republicans also typically posted about different issues .
Democrats were most likely to mention words and phrases like “ equal pay , ” “ gun safety ” and “ LGBT , ” whereas their Republican counterparts more often used phrases like “ pro-growth , ” “ bureaucrats ” and “ @ @ @ @ @ @ @ a departure from the typical Pew survey , but van Kessel said the study was part of an initiative to delve into politics more deeply .
As Twitter and Facebook feature more political posts , the research provides a baseline of data to track political trends as they increasingly present themselves on social media .

A new Pew Research Center analysis of Facebook posts and tweets from members of Congress since 2015 shows that Democrats post more but Republicans have more audience engagement.
(CN) — Political discourse on social media has grown since the 2016 presidential campaign cycle began, and the last several years have seen a surge in lawmakers taking to platforms like Twitter and Facebook to reach voters.
Since 2015, politicians on both sides of the aisle have posted and tweeted more often, and their posts have received increasing interaction, even outside of the high-profile social media users in Congress.
In a Pew Research Center study published Thursday, researchers compiled data from congressional users’ social media accounts, including nearly 1.5 million Facebook posts from 1,388 accounts and more than 3.3 million tweets from 1,362 Twitter accounts.
Using the median member of Congress as the metric, researchers found that more and more private users are interacting with posts from federal lawmakers as the various official accounts post and tweet more often, though the increases differed between Democrats and Republicans.
For example, the median Republican member of Congress tweeted an average of 53 times per month in 2016, which grew to 73 tweets in 2020. Facebook posts from the median Republican lawmaker grew from 37 posts per month in 2016 to 44 posts in 2020.
Democratic lawmakers were even more prolific online — the median Democrat in Congress tweeted 68 times per month on average in 2016, which grew to 130 tweets this year. Facebook posts from the median Democrat also grew from 29 per month in 2016 to 55 per month in 2020.
However, while the median Democratic lawmaker tweets and posts more often than their Republican counterpart, posts from Republican lawmakers receive more interactions from private users. For example, the median Republican received an average of 91 favorites per tweet in 2020, whereas the Democratic counterpart received only 62 favorites, or likes. Similarly, the median Republican received 131 reactions per post on Facebook, while the Democratic counterpart received only 93 reactions.
The sharing of posts across both platforms was far less divergent between Democrats and Republicans, though the median Republican nonetheless enjoyed more retweets and shares (an average of 33 retweets per tweet and 21 shares per Facebook post) than the Democratic counterpart (19 retweets and 14 shares).
Notably, this phenomenon represented an inversion that happened at two different points depending on the platform. On Twitter, the spike in engagement with Republican users happened in December 2019 when the House of Representatives impeached President Donald Trump. On Facebook, the engagement inversion happened nearly a year earlier at the start of the 116th Congress in January 2019.
Patrick van Kessel, senior data scientist at Pew and co-author of the study, said in an interview that while researchers were not able to necessarily characterize the motivations of private users in their interactions with posts from congressional lawmakers, they found that engagement with the median Republican post increased at a higher rate than the number of times the lawmaker posted.
Further, van Kessel explained that this divergence was more pronounced, as compared to Democrats, on Facebook due to partisan demographics. In a 2019 Pew survey, 62% of respondents who used Twitter identified as a Democrat, whereas only 50% of Facebook users said the same.
Van Kessel said that while the study could not necessarily parse engagement at the granular level of individual users, the trends indicated that major political events drove the Republican boost in engagement above all else. He said the study did not delve into the contextual nuance of each social media engagement, but he did explain that not every engagement was created equal.
“Seventy-one percent of the reactions to members of Congress' posts were likes,” he said, but he explained that users also often picked the anger or laugh reactions, likely to deride those same posts.
However, the most followed users who fell well outside the median lawmaker represented a much larger portion of the overall engagement, and the numbers slightly favored Democrats in that category.
For example, the top 10% of Democratic congressional users represented 17% of the total congressional tweets studied but made up 86% of all favorites and 83% of all retweets. Similarly, Democratic power users represented 18% of total Facebook posts among Democrats but accounted for 86% of reactions and 87% of shares.
In contrast, the top 10% of Republican users represented 19% of all GOP tweets but received 80% of the favorites and 78% of the retweets — slightly lower their Democratic counterparts. Similarly, Republican power users represented 12% of all Facebook posts but received only 54% of the reactions and 70% of the shares.
Democratic examples of these power users are Senator Bernie Sanders of Vermont with more than 21 million Twitter followers, Senator Elizabeth Warren of Massachusetts, who has over 10 million followers, and Congresswoman Alexandria Ocasio-Cortez of New York, with more than 7 million followers.
Republican examples include Senator Ted Cruz of Texas, who has over 5 million followers on Twitter, Senator Marco Rubio of Florida, with more than 4 million followers and Senator Mitt Romney of Utah, who is followed by over 2 million Twitter users.
The content of individual posts also affected engagement, according to the study. For example, the median Democrat received the most engagement on posts that featured the #NoBillNoBreak hashtag in 2016, which referred to a sit-in by House Democrats demanding gun control.
The median Republican, meanwhile, received the most engagement with posts including the name of Congressman Adam Schiff, the California Democrat who led the House impeachment inquiry of President Trump.
Democrats and Republicans also typically posted about different issues.
Democrats were most likely to mention words and phrases like “equal pay,” “gun safety” and “LGBT,” whereas their Republican counterparts more often used phrases like “pro-growth,” “bureaucrats” and “illegal immigrant.”
The extensive analysis was a departure from the typical Pew survey, but van Kessel said the study was part of an initiative to delve into politics more deeply. As Twitter and Facebook feature more political posts, the research provides a baseline of data to track political trends as they increasingly present themselves on social media.


courthousenews--2020-07-16--Scientists Discover How Ultra-Black Deep Sea Fish Disappear

( CN ) — Scientists recently discovered a species of fish that absorbs 99.95 % of light hitting its skin , making it appear to be a featureless silhouette .
In the dark waters of the deep sea , these fish are effectively camouflaged from predators and prey alike .
The research team found the skin of this ultra-black fish to be among the darkest materials ever discovered , which they detail in a study published Thursday in the journal Current Biology .
Mimicking these antireflective properties may contribute to the development of ultra-black materials used in technologies such as @ @ @ @ @ @ @ animals see the world around them thanks to reflected lighting ; our eyes sense the light waves bouncing off various surfaces rather than the objects themselves .
If something can absorb most of the photons hitting it , it will appear nearly black regardless of how much light you shine on it .
The ultra-black fish ’ s propensity for near-total light absorption stems from the concentration and unique distribution of melanin pigments in their skin , the same pigment that colors and protects human skin .
The researchers found a densely packed @ @ @ @ @ @ @ located directly beneath the surface of the fish ’ s skin .
Rather than reflecting light outward , these melanosomes redirect whatever light they can not absorb toward other nearby melanosomes which finish the job like an array of black holes .
The team found the same melanosome pattern in 16 species of distantly related fish , leading them to believe this is a common survival strategy for deep-sea dwellers .
“ Effectively what they ’ ve done is make a super-efficient , super-thin light trap , ” said Karen Osborn , research @ @ @ @ @ @ @ Museum of Natural History and co-author of the study , in a statement .
“ Light doesn ’ t bounce back ; light doesn ’ t go through .
It just goes into this layer , and it ’ s gone.
” Osborn first noticed this fish ’ s unique light absorbing properties and became interested when she and her colleagues caught one in a deep-sea trawl net and tried to photograph it .
“ It didn ’ t matter how you set up the camera or lighting — they just sucked up @ @ @ @ @ @ @ .
In an email , study co-author Alexander Davis , a doctoral student in biology at Duke University , added : “ In general to capture any of the details of the fish one must use an incredibly bright set of flashes .
On one of the cruises , a photographer on board used five or six large flashbulbs just to image a two-inch fish.
” Because sunlight can not penetrate much further than 600 feet below the surface of the ocean , many deep-sea creatures have evolved to see their world using @ @ @ @ @ @ @ they generate their own lighting .
Bioluminescence is used to attract mates , distract predators and to lure prey .
Fish also use it for defense , like the security lights on a home , to foil anyone trying to sneak up on them .
Those that can absorb that light have a distinct advantage in the dark underwater environment , like scaly camouflaged soldiers .
“ If you want to blend in with the infinite blackness of your surroundings , sucking up every photon that hits you is a great way to @ @ @ @ @ @ @ animals also have similar light-absorbing properties .
Certain birds and butterflies have been found with ultra-black feathers and scales , sharply contrasting with their colorful surroundings and making them appear more vibrant to potential mates .
These animals also employ melanin to absorb visible light , but do so with less efficiency than the unique melanosome arrangement of the fish discovered by Osborne and her team .
Synthetically created ultra-black materials have been gaining prevalence in recent years .
This past September a team of scientists from MIT showcased the blackest material known @ @ @ @ @ @ @ light absorbent than the fish , this material is crafted from vertically aligned carbon nanotubes and captures 99.995 % of all incoming light .
An artist working with those researchers coated a brilliant 16.78-caret yellow diamond with the material , which essentially made it disappear before the naked eye .
Vantablack , the previous reigning champ of light absorption , is also crafted from nanotubes and has been used in everything from telescopes and satellites , to car paint and watches .
“ We hope that this work will be of use to @ @ @ @ @ @ @ Davis said .
“ Particularly , the modeling of the effect of the size and shape of the melanosomes may be of use to researchers working on nanoparticle-based materials with synthetic melanin .
”

Scientists recently discovered a species of fish that absorbs 99.95% of light hitting its skin, making it appear to be a featureless silhouette. In the dark waters of the deep sea, these fish are effectively camouflaged from predators and prey alike.
(CN) — Scientists recently discovered a species of fish that absorbs 99.95% of light hitting its skin, making it appear to be a featureless silhouette. In the dark waters of the deep sea, these fish are effectively camouflaged from predators and prey alike.
The ultra-black Pacific blackdragon (Idiacanthus antrostomus). (Karen Osborn / Smithsonian)
The research team found the skin of this ultra-black fish to be among the darkest materials ever discovered, which they detail in a study published Thursday in the journal Current Biology. Mimicking these antireflective properties may contribute to the development of ultra-black materials used in technologies such as telescopes, cameras and camouflage.
Sighted animals see the world around them thanks to reflected lighting; our eyes sense the light waves bouncing off various surfaces rather than the objects themselves. If something can absorb most of the photons hitting it, it will appear nearly black regardless of how much light you shine on it.
The ultra-black fish’s propensity for near-total light absorption stems from the concentration and unique distribution of melanin pigments in their skin, the same pigment that colors and protects human skin. The researchers found a densely packed layer of pigment-filled cellular compartments called melanosomes located directly beneath the surface of the fish’s skin. Rather than reflecting light outward, these melanosomes redirect whatever light they cannot absorb toward other nearby melanosomes which finish the job like an array of black holes. The team found the same melanosome pattern in 16 species of distantly related fish, leading them to believe this is a common survival strategy for deep-sea dwellers.
"Effectively what they've done is make a super-efficient, super-thin light trap," said Karen Osborn, research zoologist at the Smithsonian's National Museum of Natural History and co-author of the study, in a statement. "Light doesn't bounce back; light doesn't go through. It just goes into this layer, and it's gone."
Osborn first noticed this fish’s unique light absorbing properties and became interested when she and her colleagues caught one in a deep-sea trawl net and tried to photograph it. "It didn't matter how you set up the camera or lighting — they just sucked up all the light,” she said.
In an email, study co-author Alexander Davis, a doctoral student in biology at Duke University, added: “In general to capture any of the details of the fish one must use an incredibly bright set of flashes. On one of the cruises, a photographer on board used five or six large flashbulbs just to image a two-inch fish.”
Because sunlight cannot penetrate much further than 600 feet below the surface of the ocean, many deep-sea creatures have evolved to see their world using bioluminescence — a biological process by which they generate their own lighting. Bioluminescence is used to attract mates, distract predators and to lure prey. Fish also use it for defense, like the security lights on a home, to foil anyone trying to sneak up on them. Those that can absorb that light have a distinct advantage in the dark underwater environment, like scaly camouflaged soldiers.
"If you want to blend in with the infinite blackness of your surroundings, sucking up every photon that hits you is a great way to go," said Osborn.
Other animals also have similar light-absorbing properties. Certain birds and butterflies have been found with ultra-black feathers and scales, sharply contrasting with their colorful surroundings and making them appear more vibrant to potential mates. These animals also employ melanin to absorb visible light, but do so with less efficiency than the unique melanosome arrangement of the fish discovered by Osborne and her team.
Synthetically created ultra-black materials have been gaining prevalence in recent years. This past September a team of scientists from MIT showcased the blackest material known to exist. About 10 times more light absorbent than the fish, this material is crafted from vertically aligned carbon nanotubes and captures 99.995% of all incoming light. An artist working with those researchers coated a brilliant 16.78-caret yellow diamond with the material, which essentially made it disappear before the naked eye.
Vantablack, the previous reigning champ of light absorption, is also crafted from nanotubes and has been used in everything from telescopes and satellites, to car paint and watches.
“We hope that this work will be of use to engineers fabricating new ultra-black materials,” Davis said. “Particularly, the modeling of the effect of the size and shape of the melanosomes may be of use to researchers working on nanoparticle-based materials with synthetic melanin.”


courthousenews--2020-07-16--Iranian Refugee Wins Transgender Rights Case Against Hungary

STRASBOURG , France ( CN ) — Europe ’ s top rights court held Thursday that Hungary must allow a refugee to change his gender on legal documents .
A transgender Iranian refugee ’ s fundamental rights were violated when he was denied access to the legal gender recognition procedure by the Hungarian government , the European Court of Human Rights ruled .
Jafarizad Rana fled his home country of Iran in 2015 , fearing persecution because of his gender identity .
He was born female but has identified as male for most of his life .
He was granted @ @ @ @ @ @ @ later requested that the Hungarian authorities change the gender on his identity documents .
As his Iranian passport identified him as female , his Hungarian documents did as well .
The request for a name and gender change was rejected by the Office of the Registrar of Births , Marriages and Deaths , which said that because his birth wasn ’ t registered in Hungary , his birth information couldn ’ t be changed .
Rana appealed to Hungary ’ s high court but the Constitutional Court said there was no basis in @ @ @ @ @ @ @ of non-Hungarian citizens .
But the Strasbourg-based Court of Human Rights found that this legislative gap violated Rana ’ s rights under the European Convention on Human Rights , which established the court in 1953 and protects the civil and political rights of those living in its 47 member states .
“ The legislative gap identified excluded all lawfully settled non-Hungarian citizens from accessing the procedures for changing gender and name regardless of their circumstances , which disproportionately restricted their right to human dignity , ” the three-judge panel held .
In its @ @ @ @ @ @ @ contact the Iranian authorities to have his gender change registered in that country , despite accepting him as a refugee on the basis of his status as a transgender person .
The decision comes mere months after the government of Hungary passed a law banning gender change on identity documents after birth .
In a move that Amnesty International called a step back to the dark ages , the law defines gender based on chromosomes at birth .
It is the only such law in the European Union .
In its ruling , @ @ @ @ @ @ @ does not call into question as such the choice of the Hungarian authorities to regulate the legal recognition of gender change , ” but found that by not letting Rana change his gender under the previous legal framework , Hungary did not strike a fair balance “ between the public interest and the applicant ’ s right to respect for his private life.
” Hungarian Prime Minister Viktor Orbán has been widely criticized for eroding democracy in the country , from targeting NGOs to interfering with the judiciary .
But his ruling far-right @ @ @ @ @ @ @ and instilled government appointees as theater directors .
Gender changes have been temporarily banned since 2017 .
Tamás Dombos of the Hungarian LGBTQ advocacy group The Háttér Society applauded the court ’ s ruling .
“ The argumentation of the Hungarian authorities was extremely cynical .
On one hand , they recognized that the man ’ s life was in danger , and thus granted him asylum .
On the other hand , they would have sent him right back to the country where he had been persecuted to change his documentation , @ @ @ @ @ @ @ The organization is representing another group of transgender people before the Court of Human Rights whose requests to change their legal gender identity have not been accepted .
The court awarded Rana 6,500 euros ( $ 7,500 ) in damages and 1,500 ( $ 1,700 ) euros for expenses .

Europe’s top rights court held Thursday that Hungary must allow a refugee to change his gender on legal documents.
STRASBOURG, France (CN) — Europe’s top rights court held Thursday that Hungary must allow a refugee to change his gender on legal documents.
A transgender Iranian refugee’s fundamental rights were violated when he was denied access to the legal gender recognition procedure by the Hungarian government, the European Court of Human Rights ruled.
Jafarizad Rana fled his home country of Iran in 2015, fearing persecution because of his gender identity. He was born female but has identified as male for most of his life. He was granted asylum in Hungary, and a year later requested that the Hungarian authorities change the gender on his identity documents. As his Iranian passport identified him as female, his Hungarian documents did as well.
The request for a name and gender change was rejected by the Office of the Registrar of Births, Marriages and Deaths, which said that because his birth wasn’t registered in Hungary, his birth information couldn’t be changed.
Rana appealed to Hungary’s high court but the Constitutional Court said there was no basis in law for changing the name or gender of non-Hungarian citizens.
But the Strasbourg-based Court of Human Rights found that this legislative gap violated Rana’s rights under the European Convention on Human Rights, which established the court in 1953 and protects the civil and political rights of those living in its 47 member states.
“The legislative gap identified excluded all lawfully settled non-Hungarian citizens from accessing the procedures for changing gender and name regardless of their circumstances, which disproportionately restricted their right to human dignity,” the three-judge panel held.
In its pleadings, Hungary claimed that Rana could contact the Iranian authorities to have his gender change registered in that country, despite accepting him as a refugee on the basis of his status as a transgender person.
The decision comes mere months after the government of Hungary passed a law banning gender change on identity documents after birth. In a move that Amnesty International called a step back to the dark ages, the law defines gender based on chromosomes at birth. It is the only such law in the European Union.
In its ruling, the court specifically noted that it “does not call into question as such the choice of the Hungarian authorities to regulate the legal recognition of gender change,” but found that by not letting Rana change his gender under the previous legal framework, Hungary did not strike a fair balance “between the public interest and the applicant’s right to respect for his private life.”
Hungarian Prime Minister Viktor Orbán has been widely criticized for eroding democracy in the country, from targeting NGOs to interfering with the judiciary. But his ruling far-right Fidesz party has also banned same-sex marriage and instilled government appointees as theater directors. Gender changes have been temporarily banned since 2017.
Tamás Dombos of the Hungarian LGBTQ advocacy group The Háttér Society applauded the court’s ruling.
“The argumentation of the Hungarian authorities was extremely cynical. On one hand, they recognized that the man’s life was in danger, and thus granted him asylum. On the other hand, they would have sent him right back to the country where he had been persecuted to change his documentation,” Dombos said in a statement.
The organization is representing another group of transgender people before the Court of Human Rights whose requests to change their legal gender identity have not been accepted.
The court awarded Rana 6,500 euros ($7,500) in damages and 1,500 ($1,700) euros for expenses.


Pandemic Voting

SAN ANTONIO — Voting rights groups filed a federal lawsuit asking a judge to order statewide early voting in Texas @ @ @ @ @ with safety precautions at polling places to protect against Covid-19 .

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.


courthousenews--2020-07-16--Jobless Rate Ebbs With 1.3 Million Filing New Claims

( CN ) — Some 1.3 million Americans , a population roughly the size of Dallas , Texas , filed for unemployment last week , making for a total of 32 million out-of-work Americans receiving jobless benefits , according to numbers released Thursday by the U.S. Department of Labor .
The figures , which put the overall rate of insured unemployment at 11.9 % , include millions of gig workers and entrepreneurs not typically counted among the country ’ s covered employment denominator of 145,671,710 people who meet work and wage requirements to qualify .
Last week , the rate @ @ @ @ @ @ @ Come July 31 , the 928,488 Americans who have been receiving an extra $ 600 a week in Pandemic Unemployment Assistance will lose that benefit as the program expires .
Congress is negotiating a second economic aid package , however , that could extend unemployment benefits as well as direct payments to individuals and families .
As rates of disease spread and consumer confidence differ by locality , along with job industries , many experts expect rates of economic recovery to remain uneven throughout the country .
Analyzing data for the Brookings Institute @ @ @ @ @ @ @ “ No metro area had been spared job losses or increases in unemployment.
” “ The deepest impacts occurred in metro areas reliant on tourism ( e.g.
, Las Vegas , Atlantic City , N.J. , and Myrtle Beach , S.C. ) and in states that shut businesses down earlier to suppress the virus ( e.g.
, New York and Michigan ) , ” Berube added .
Puerto Rico reported the highest rate of insured unemployment in the U.S. last week , with more than a quarter of its workforce receiving unemployment benefits @ @ @ @ @ @ @ low in the U.S. territory , the island ’ s economy is highly reliant on tourists who have been banned from visiting .
Other states with robust hospitality industries , Hawaii and Nevada , reported unemployment rates over 19.9 % .
Over the last week , the U.S. reported an average 61,878 new cases of Covid-19 last week , a 16 % increase from the previous week and nearly double the rate of spread from four weeks ago .
To date , 3.53 million Americans have tested positive for Covid-19 and 138,000 have @ @ @ @ @ @ @ struggle to balance economic productivity with controlling the spread of the infectious respiratory disease Covid-19 .
With a 15.9 % rate of insured employment California sits in the country ’ s top 10 , as Governor Gavin Newsom ordered bars , restaurants and zoos to reclose in response to a surge in Covid-19 cases .
The Golden State reported a daily average of 8,771 new cases last week , adding up to 355,000 confirmed cases .
In total the disease has killed 7,368 Californians .
Citing “ layoffs in the manufacturing , accommodation @ @ @ @ @ @ @ and warehousing , wholesale trade , art , entertainment , and recreation , administrative and support and waste management and remediation services , professional , scientific , and technical services , real estate and rental and leasing , and health care and social assistance industries , ” Texas reported the highest increase in new claims for jobless benefits .
On top of two record-high days above 10,000 newly confirmed cases of Covd-19 , Texas reported a daily average of 8,823 new cases last week .
Home to 29 million people , the state @ @ @ @ @ @ @ lost 3,582 lives to it .
Tensions rose as Governor Greg Abbott reordered bars to close at the end of June , prompting several bar owners and patrons to sue for the right to another round .

Jobless Rate Ebbs With 1.3 Million Filing New Claims
(CN) — Some 1.3 million Americans, a population roughly the size of Dallas, Texas, filed for unemployment last week, making for a total of 32 million out-of-work Americans receiving jobless benefits, according to numbers released Thursday by the U.S. Department of Labor.
The figures, which put the overall rate of insured unemployment at 11.9%, include millions of gig workers and entrepreneurs not typically counted among the country's covered employment denominator of 145,671,710 people who meet work and wage requirements to qualify. Last week, the rate of insured unemployment was 12.4%.
Come July 31, the 928,488 Americans who have been receiving an extra $600 a week in Pandemic Unemployment Assistance will lose that benefit as the program expires.
Congress is negotiating a second economic aid package, however, that could extend unemployment benefits as well as direct payments to individuals and families.
As rates of disease spread and consumer confidence differ by locality, along with job industries, many experts expect rates of economic recovery to remain uneven throughout the country.
Analyzing data for the Brookings Institute, senior fellow Alan Berube wrote: “No metro area had been spared job losses or increases in unemployment.”
“The deepest impacts occurred in metro areas reliant on tourism (e.g., Las Vegas, Atlantic City, N.J., and Myrtle Beach, S.C.) and in states that shut businesses down earlier to suppress the virus (e.g., New York and Michigan),” Berube added.
Puerto Rico reported the highest rate of insured unemployment in the U.S. last week, with more than a quarter of its workforce receiving unemployment benefits. While rates of Covid-19 spread remain low in the U.S. territory, the island’s economy is highly reliant on tourists who have been banned from visiting.
Other states with robust hospitality industries, Hawaii and Nevada, reported unemployment rates over 19.9%.
Over the last week, the U.S. reported an average 61,878 new cases of Covid-19 last week, a 16% increase from the previous week and nearly double the rate of spread from four weeks ago. To date, 3.53 million Americans have tested positive for Covid-19 and 138,000 have died from the disease.
Many states struggle to balance economic productivity with controlling the spread of the infectious respiratory disease Covid-19.
With a 15.9% rate of insured employment California sits in the country’s top 10, as Governor Gavin Newsom ordered bars, restaurants and zoos to reclose in response to a surge in Covid-19 cases. The Golden State reported a daily average of 8,771 new cases last week, adding up to 355,000 confirmed cases. In total the disease has killed 7,368 Californians.
Citing “layoffs in the manufacturing, accommodation and food services, information, transportation and warehousing, wholesale trade, art, entertainment, and recreation, administrative and support and waste management and remediation services, professional, scientific, and technical services, real estate and rental and leasing, and health care and social assistance industries,” Texas reported the highest increase in new claims for jobless benefits.
On top of two record-high days above 10,000 newly confirmed cases of Covd-19, Texas reported a daily average of 8,823 new cases last week. Home to 29 million people, the state has confirmed 295,000 cases of Covid-19 and lost 3,582 lives to it.
Tensions rose as Governor Greg Abbott reordered bars to close at the end of June, prompting several bar owners and patrons to sue for the right to another round.


courthousenews--2020-07-16--Rights Court Orders Azerbaijan to Pay Damages to Activist Couple

The ruling Aliyev family has long been accused of widespread corruption since taking control of Azerbaijan in 1993 .
STRASBOURG , France ( CN ) — Azerbaijan illegally jailed married human rights activists who later fled the country , the European Court of Human Rights ruled Thursday , ordering the government to pay them each $ 23,000 in damages .
Azerbaijan had no reasonable suspicion to arrest Leyla and Arif Yunus , longtime human rights defenders in the former Soviet state , the Strasbourg-based court found , holding that the government ’ s actions were designed to silence and punish @ @ @ @ @ @ @ .
Their arrest shows “ a pattern of arbitrary arrest and detention of government critics , civil society activists and human rights defenders through retaliatory prosecutions and misuse of the criminal law , ” the seven-judge panel found .
The couple was detained as they were trying to leave the country , following a series of arrests of human rights activities and opposition politicians .
They were held in pretrial detention , where Leyla Yunus , who is a diabetic , was refused medical assistance .
Both were ultimately convicted .
Leyla was @ @ @ @ @ @ @ in prison and Arif to seven years for fraud , tax evasion and “ insulting the motherland.
” Both sentences were eventually commuted due to their ongoing health issues .
The pair left for the Netherlands , ostensibly for medical treatment , and were given political asylum in 2016 .
A year later , Baku demanded the couple return for new hearings in the case but they have refused to do so .
Thursday ’ s ruling from the European Court of Human Rights found that the Azerbaijani government had violated a long @ @ @ @ @ @ @ , including the right to not be subjected to torture or to inhuman or degrading treatment or punishment , the right to liberty and the right to private and family life .
The court was established by the European Convention on Human Rights , which protects the civil and political rights of those living in its 47 member states .
It is considered a court of last resort , so applicants must first exhaust their options in their national courts before filing a complaint .
The rights court cited one example of the @ @ @ @ @ @ @ .
While being questioned , the 59-year-old Leyla was not allowed to use the bathroom for 11 hours .
When she was finally permitted to do so , she had to undress and relieve herself in the presence of a male police officer .
“ The intrusion of a male officer into the toilet resulting in the first applicant being exposed to him in a state of undress clearly amounted to an interference with the applicant ’ s right to respect for her private life , ” the court wrote .
The couple @ @ @ @ @ @ @ 23,000 ) in damages as well as 11,00 euros ( $ 13,000 ) for their costs .
The rule of the Aliyev family , who have been in control of Azerbaijan since 1993 , has been described as a cult of personality .
Every city in the country has a street named for Heydar Aliyev , whose son , Ilham Aliyev , is the country ’ s current president .
The family has long been accused of widespread corruption .
Human Rights Watch reported last year that opposition activists and journalists in Azerbaijan @ @ @ @ @ @ @ .

Azerbaijan illegally jailed married human rights activists who later fled the country, the European Court of Human Rights ruled Thursday, ordering the government to pay them each $23,000 in damages.
STRASBOURG, France (CN) — Azerbaijan illegally jailed married human rights activists who later fled the country, the European Court of Human Rights ruled Thursday, ordering the government to pay them each $23,000 in damages.
Azerbaijan had no reasonable suspicion to arrest Leyla and Arif Yunus, longtime human rights defenders in the former Soviet state, the Strasbourg-based court found, holding that the government’s actions were designed to silence and punish the couple for speaking out against it.
Their arrest shows “a pattern of arbitrary arrest and detention of government critics, civil society activists and human rights defenders through retaliatory prosecutions and misuse of the criminal law,” the seven-judge panel found.
The couple was detained as they were trying to leave the country, following a series of arrests of human rights activities and opposition politicians. They were held in pretrial detention, where Leyla Yunus, who is a diabetic, was refused medical assistance.
Both were ultimately convicted. Leyla was sentenced to eight and a half years in prison and Arif to seven years for fraud, tax evasion and “insulting the motherland.” Both sentences were eventually commuted due to their ongoing health issues.
The pair left for the Netherlands, ostensibly for medical treatment, and were given political asylum in 2016. A year later, Baku demanded the couple return for new hearings in the case but they have refused to do so.
Thursday’s ruling from the European Court of Human Rights found that the Azerbaijani government had violated a long list of the couple’s rights, including the right to not be subjected to torture or to inhuman or degrading treatment or punishment, the right to liberty and the right to private and family life.
The court was established by the European Convention on Human Rights, which protects the civil and political rights of those living in its 47 member states. It is considered a court of last resort, so applicants must first exhaust their options in their national courts before filing a complaint.
The rights court cited one example of the couple’s treatment as particularly heinous. While being questioned, the 59-year-old Leyla was not allowed to use the bathroom for 11 hours. When she was finally permitted to do so, she had to undress and relieve herself in the presence of a male police officer.
“The intrusion of a male officer into the toilet resulting in the first applicant being exposed to him in a state of undress clearly amounted to an interference with the applicant’s right to respect for her private life,” the court wrote.
The couple were each awarded 20,000 euros ($23,000) in damages as well as 11,00 euros ($13,000) for their costs.
The rule of the Aliyev family, who have been in control of Azerbaijan since 1993, has been described as a cult of personality. Every city in the country has a street named for Heydar Aliyev, whose son, Ilham Aliyev, is the country’s current president. The family has long been accused of widespread corruption.
Human Rights Watch reported last year that opposition activists and journalists in Azerbaijan are often subjected to torture and imprisonment.


courthousenews--2020-07-16--Trump and Vance Face Off in First Court Hearing Since SCOTUS Ruling

MANHATTAN ( CN ) — One week to the day that the Supreme Court overwhelmingly rejected a claim of absolute immunity , New York prosecutors told a federal judge Thursday that President Donald Trump seeks the same backdoor relief for actions taken when he was a private citizen .
“ What the president ’ s lawyers are seeking here is delay , ” Carey Dunne , general counsel to Manhattan District Attorney Cyrus Vance , asserted at a conference that began Thursday morning at 10 .
“ That is the strategy here.
” With the Supreme Court splitting the difference @ @ @ @ @ @ @ ’ s tax returns , the president ’ s lawyers attacked Vance ’ s probe this morning by invoking the overbreadth finding in the congressional case .
“ This subpoena is copied , verbatim , from a congressional subpoena , ” Trump ’ s attorney William Consovoy told the court .
In his first face-off with the president ’ s lawyers since the Supreme Court ’ s decision , Vance ’ s office sounded the same warnings they have been making since Trump filed his federal lawsuit seeking to quash his subpoenas last @ @ @ @ @ @ @ ’ s office has prevailed at every stage of the proceeding , winning a scathing ruling from the trial judge , which was largely upheld on appeal and then affirmed by the highest court of United States .
But in effect , President Trump has sidelined Vance ’ s investigation by refusing to concede defeat .
Unable to execute his subpoenas for more than 10 months since issuing them on Aug. 29 , Vance ’ s investigations have stalled with no end in sight to litigation holding up his evidence search and a @ @ @ @ @ @ @ s not let delay kill this case , ” Dunne added , quoting the adage “ justice delayed is justice denied.
” More than citing a slogan , the district attorney ’ s office spelled out its fears about how dragging out the subpoena fight imperils the case where the age of the transactions at issue raises statute-of-limitations concerns .
In court papers , the office invoked the danger of losing “ every man ’ s evidence ” as a result of “ fading memories or lost documents.
” The Aug. 29 subpoena @ @ @ @ @ @ @ sought a wide swath of files pertaining to Trump and more than 10 of his related entities dating back to Jan. 1 , 2011 .
“ Our office ’ s position , your honor , is bring it on , ” Dunne said .
Lagging in the polls , Trump may effectively receive the request the Supreme Court denied , to pause the criminal investigation until he leaves office .
Consovoy denied that his litigation strategy has been to run out the clock but to keep the subpoena focused on substance .
“ @ @ @ @ @ @ @ subpoena needs to be tailored to the investigation , ” Consovoy said during this morning ’ s conference .
Trump ’ s legal team noted the overlap of two evidence hunts to argue that the Manhattan prosecutor ’ s probe showed “ bad faith.
” As Trump interprets the ruling , the Supreme Court left him an opening to challenge the subpoenas ’ breadth , allege bad faith , accuse the Manhattan district attorney of political motivations and claim the probe interferes with his official duties .
His legal team intends to file @ @ @ @ @ @ @ In a ruling from October , U.S. District Judge Victor Marrero skewered Trump ’ s immunity demand as fitting for a king but not a president .
The case returns to him in the age of the coronavirus pandemic , making it the first trial court hearing in this docket to be conducted remotely via a teleconference .
“ I recognize the great inconvenience that all of face because of the pandemic affecting all of our lives , ” Marrero told the attorneys .
Though the judge emphasized that his main goal today @ @ @ @ @ @ @ ’ s legal team about a “ hypothetical ” — asking how district attorneys who receive information about criminal transactions implicating a president should bring such information to the court .
Marrero then asked a variation of that “ hypothetical , ” asking to imagine the procedure if the information implicated associates of the president .
Showing the thought experiment to have been anything but fanciful , Vance petitioned Chief Justice Roberts just a day earlier to expedite transmission of the Supreme Court ’ s ruling .
“ Each day that compliance with @ @ @ @ @ @ @ likelihood that the grand jury will not receive the documents it sought ten months ago in a timely fashion — potentially giving [ Trump ] , as a practical matter , the absolute temporary immunity that this court rejected , ” Dunne wrote .
“ Delay could also confer on other individuals under investigation the practical equivalent of immunity from prosecution.
” Even a speedy resolution will spell delay for the Manhattan DA ’ s probe : Vance agreed to keep those subpoenas at bay until seven days after Marrero ’ s next @ @

One week to the day that the Supreme Court overwhelmingly rejected a claim of absolute immunity, New York prosecutors told a federal judge Thursday that President Donald Trump seeks the same backdoor relief for actions taken when he was a private citizen.
MANHATTAN (CN) — One week to the day that the Supreme Court overwhelmingly rejected a claim of absolute immunity, New York prosecutors told a federal judge Thursday that President Donald Trump seeks the same backdoor relief for actions taken when he was a private citizen.
“What the president’s lawyers are seeking here is delay,” Carey Dunne, general counsel to Manhattan District Attorney Cyrus Vance, asserted at a conference that began Thursday morning at 10. “That is the strategy here.”
With the Supreme Court splitting the difference in a pair of cases concerning Trump’s tax returns, the president's lawyers attacked Vance’s probe this morning by invoking the overbreadth finding in the congressional case.
“This subpoena is copied, verbatim, from a congressional subpoena," Trump’s attorney William Consovoy told the court.
In his first face-off with the president’s lawyers since the Supreme Court’s decision, Vance’s office sounded the same warnings they have been making since Trump filed his federal lawsuit seeking to quash his subpoenas last September. On the surface, Vance’s office has prevailed at every stage of the proceeding, winning a scathing ruling from the trial judge, which was largely upheld on appeal and then affirmed by the highest court of United States.
But in effect, President Trump has sidelined Vance’s investigation by refusing to concede defeat.
Unable to execute his subpoenas for more than 10 months since issuing them on Aug. 29, Vance’s investigations have stalled with no end in sight to litigation holding up his evidence search and a presidential election looming.
“Let’s not let delay kill this case,” Dunne added, quoting the adage “justice delayed is justice denied.”
More than citing a slogan, the district attorney’s office spelled out its fears about how dragging out the subpoena fight imperils the case where the age of the transactions at issue raises statute-of-limitations concerns. In court papers, the office invoked the danger of losing “every man’s evidence” as a result of “fading memories or lost documents.” The Aug. 29 subpoena of Trump’s accounting firm Mazars sought a wide swath of files pertaining to Trump and more than 10 of his related entities dating back to Jan. 1, 2011.
“Our office’s position, your honor, is bring it on,” Dunne said.
Lagging in the polls, Trump may effectively receive the request the Supreme Court denied, to pause the criminal investigation until he leaves office.
Consovoy denied that his litigation strategy has been to run out the clock but to keep the subpoena focused on substance.
“The court is quite clear that the subpoena needs to be tailored to the investigation,” Consovoy said during this morning’s conference.
Trump’s legal team noted the overlap of two evidence hunts to argue that the Manhattan prosecutor’s probe showed “bad faith.”
As Trump interprets the ruling, the Supreme Court left him an opening to challenge the subpoenas’ breadth, allege bad faith, accuse the Manhattan district attorney of political motivations and claim the probe interferes with his official duties. His legal team intends to file a new complaint by July 27.
In a ruling from October, U.S. District Judge Victor Marrero skewered Trump’s immunity demand as fitting for a king but not a president. The case returns to him in the age of the coronavirus pandemic, making it the first trial court hearing in this docket to be conducted remotely via a teleconference.
“I recognize the great inconvenience that all of face because of the pandemic affecting all of our lives,” Marrero told the attorneys.
Though the judge emphasized that his main goal today was scheduling, Marrero repeatedly pressed Trump’s legal team about a “hypothetical” — asking how district attorneys who receive information about criminal transactions implicating a president should bring such information to the court. Marrero then asked a variation of that “hypothetical,” asking to imagine the procedure if the information implicated associates of the president.
Showing the thought experiment to have been anything but fanciful, Vance petitioned Chief Justice Roberts just a day earlier to expedite transmission of the Supreme Court’s ruling.
“Each day that compliance with the Mazars subpoena is delayed increases the likelihood that the grand jury will not receive the documents it sought ten months ago in a timely fashion — potentially giving [Trump], as a practical matter, the absolute temporary immunity that this court rejected,” Dunne wrote. “Delay could also confer on other individuals under investigation the practical equivalent of immunity from prosecution.”
Even a speedy resolution will spell delay for the Manhattan DA’s probe: Vance agreed to keep those subpoenas at bay until seven days after Marrero's next ruling.