courthousenews--2020-12-23--Former U.S. Rep. Katie Hill Sues Ex-Husband and Media Companies Over ‘Nonconsensual Porn’

( CN ) — Former California Democratic Congresswomen Katie Hill , whose promising political career unraveled in 2019 after she was accused of inappropriate relationships with staffers and various media outlets published nude and sexually graphic photos of her , said in a lawsuit filed Tuesday that the world is watching her ex-husband ’ s “ revenge vendetta.
” Hill , who unseated an incumbent Republican as part of the 2018 “ blue wave ” at the age of 32 , claims in the suit filed in Los Angeles that her ex-husband , Kenneth Heslep , orchestrated her political downfall @ @ @ @ @ @ @ the British tabloid the Daily Mail after she tried to end their relationship .
In a 34-page complaint , Hill describes a tumultuous 15-year relationship where Heslep controlled her appearance and sleep schedule .
He choked her unconscious , said he would kill himself if she tried to leave , and posted nude photos of her on dating websites without her consent , according to the complaint .
Hill said that Heslep physically abused her pets and was unsupportive of her run for office , and when she tried to separate herself from @ @ @ @ @ @ @ up ” her campaign and told her staff and family that she was suicidal and they should commit her .
“ Hill lived in fear that if she ever tried to leave , he ’ d kill them both and all their animals , ” the complaint states .
Despite all this pressure , Hill mounted a grassroots campaign and was able to unseat incumbent Republican Rep. Steve Knight .
But all of that would come crashing down due to Heslep and the media outlets that aided him , according to Hill .
@ @ @ @ @ @ @ Washington , D.C. and ended her relationship , Hill says her ex-husband retaliated against her .
“ That ’ s when Heslep ’ s scorched earth attack began in earnest , ” the complaint filed in Los Angeles County Superior Court states .
“ Less than five months after the breakup , naked images of Hill that only Heslep had previously possessed were published globally on the internet , alongside intimate text messages and cruel lies.
” Hill resigned amid an ethics probe after she was accused of having an inappropriate relationship with @ @ @ @ @ @ @ were published online by the blog RedState .
Hill admitted to having an inappropriate relationship with a campaign staffer before she was in Congress but denied having any improper relationship with one of her male congressional staffers .
Images and intimate text messages were first published on RedState on Oct. 18 , 2019 , according to the suit , and the Daily Mail published sexually graphic images soon after .
Hill said Heslep was the only person who had access to these images and she characterizes them as “ nonconsensual porn ” in @ @ @ @ @ @ @ operative said he ’ d been supplied with a file containing over 700 photos and texts which they intended to release bit by bit until Hill resigned from or was forced out of Congress , ” the complaint states .
“ And sure , enough , RedState continued to publish new material on an almost daily basis , for two weeks , until Hill finally stepped down.
” Hill says former Knight campaign advisor Joseph Messina bragged about having 700 images of her in a public blog post .
Messina later told the @ @ @ @ @ @ @ widely shared and he did not need to distribute the images .
Before the images were made public , Heslep shopped around the photos and an interview with a local news podcast , according to Hill but Heslep denied supplying the photos that were eventually shared on right-wing media outlets like the Daily Wire , Breitbart and the Washington Examiner .
Hill says RedState ’ s Jennifer Van Laar authored the original post that claimed she had an affair with a male staffer .
After Hill announced on Oct. 27 , 2019 , @ @ @ @ @ @ @ Laar tweeted a link to Republican Mike Garcia ’ s campaign .
Garcia eventually went on to win Hill ’ s former seat .
Hill says she was at a low point after she left office and contemplated suicide .
“ Hill drank a bottle of wine in the bathtub and attempted to slit her wrists , ” the complaint states .
“ The suicide attempt was thankfully not fatal , but the torment continued.
” While Heslep and Hill divorced in Nov. 2020 , he continued to try and sell a story @ @ @ @ @ @ @ s sexual , medical and financial history .
Less than a week after Hill got a temporary restraining order against Heslep , the Daily Mail published an article with 26 images , including another nude photo taken without her consent and a photo of her with her brother who died earlier this year .
Hill says the First Amendment doesn ’ t protect someone ’ s right to sexually degrade and expose public officials or disseminate nude images .
“ Deciding who is allowed to see our naked bodies is an essential right @ @ @ @ @ @ @ There ’ s never a way to litigate privacy in our judicial system without amplifying the very invasions underlying the suit , an inevitable hell that Hill has resigned herself to knowing this further public display may have been defendant ’ s hope all along , ” the complaint continues .
While the nude photos and other painful episodes from her relationship with Heslep may become exhibits in the case , Hill said she has no other options to restore her privacy and dignity and that she has already “ given up everything @ @ @ @ @ @ @ Here we reset the ideas that abuse in a woman ’ s past should quash their political aspirations and that public sexual humiliation is an acceptable way to vanquish a political opponent , ” the complaint states .
“ This case pleads that everybody , even publicly elected officials and celebrities , is owed the right to sexual privacy and redress from our courts when they experience intimate partner violence.
” Heslep , The Daily Mail ’ s parent company , Mail Media , RedState ’ s owner Salem Media Group , Messina @ @ @ @ @ @ @ ’ s complaint .
Hill claims intentional infliction of emotional distress , nonconsensual distribution of intimate images , civil conspiracy to distribute the images and violation of California ’ s unfair competition law .
Ashley Parris from McElroy Parris Trial Lawyers and Carrie Goldberg submitted the suit .

Former California Democratic Congresswomen Katie Hill, whose promising political career unraveled in 2019 after she was accused of inappropriate relationships with staffers and various media outlets published nude and sexually graphic photos of her, said in a lawsuit filed Tuesday that the world is watching her ex-husband’s “revenge vendetta.”
(CN) — Former California Democratic Congresswomen Katie Hill, whose promising political career unraveled in 2019 after she was accused of inappropriate relationships with staffers and various media outlets published nude and sexually graphic photos of her, said in a lawsuit filed Tuesday that the world is watching her ex-husband’s “revenge vendetta.”
Hill, who unseated an incumbent Republican as part of the 2018 "blue wave” at the age of 32, claims in the suit filed in Los Angeles that her ex-husband, Kenneth Heslep, orchestrated her political downfall with the right-wing news blog RedState and the British tabloid the Daily Mail after she tried to end their relationship.
In a 34-page complaint, Hill describes a tumultuous 15-year relationship where Heslep controlled her appearance and sleep schedule. He choked her unconscious, said he would kill himself if she tried to leave, and posted nude photos of her on dating websites without her consent, according to the complaint.
Hill said that Heslep physically abused her pets and was unsupportive of her run for office, and when she tried to separate herself from him, he threatened to “blow up” her campaign and told her staff and family that she was suicidal and they should commit her.
“Hill lived in fear that if she ever tried to leave, he’d kill them both and all their animals,” the complaint states.
Despite all this pressure, Hill mounted a grassroots campaign and was able to unseat incumbent Republican Rep. Steve Knight.
But all of that would come crashing down due to Heslep and the media outlets that aided him, according to Hill.
After she took office, moved to Washington, D.C. and ended her relationship, Hill says her ex-husband retaliated against her.
“That’s when Heslep’s scorched earth attack began in earnest,” the complaint filed in Los Angeles County Superior Court states. “Less than five months after the breakup, naked images of Hill that only Heslep had previously possessed were published globally on the internet, alongside intimate text messages and cruel lies.”
Hill resigned amid an ethics probe after she was accused of having an inappropriate relationship with a congressional staffer and the nude photos were published online by the blog RedState. Hill admitted to having an inappropriate relationship with a campaign staffer before she was in Congress but denied having any improper relationship with one of her male congressional staffers.
Images and intimate text messages were first published on RedState on Oct. 18, 2019, according to the suit, and the Daily Mail published sexually graphic images soon after. Hill said Heslep was the only person who had access to these images and she characterizes them as “nonconsensual porn” in the suit.
“One local Republican operative said he’d been supplied with a file containing over 700 photos and texts which they intended to release bit by bit until Hill resigned from or was forced out of Congress,” the complaint states. “And sure, enough, RedState continued to publish new material on an almost daily basis, for two weeks, until Hill finally stepped down.”
Hill says former Knight campaign advisor Joseph Messina bragged about having 700 images of her in a public blog post. Messina later told the Los Angeles Times that the images were widely shared and he did not need to distribute the images.
Before the images were made public, Heslep shopped around the photos and an interview with a local news podcast, according to Hill but Heslep denied supplying the photos that were eventually shared on right-wing media outlets like the Daily Wire, Breitbart and the Washington Examiner.
Hill says RedState’s Jennifer Van Laar authored the original post that claimed she had an affair with a male staffer. After Hill announced on Oct. 27, 2019, she would resign from office, Van Laar tweeted a link to Republican Mike Garcia’s campaign. Garcia eventually went on to win Hill’s former seat.
Hill says she was at a low point after she left office and contemplated suicide.
“Hill drank a bottle of wine in the bathtub and attempted to slit her wrists,” the complaint states. “The suicide attempt was thankfully not fatal, but the torment continued.”
While Heslep and Hill divorced in Nov. 2020, he continued to try and sell a story to the Daily Mail about Hill’s sexual, medical and financial history.
Less than a week after Hill got a temporary restraining order against Heslep, the Daily Mail published an article with 26 images, including another nude photo taken without her consent and a photo of her with her brother who died earlier this year.
Hill says the First Amendment doesn’t protect someone’s right to sexually degrade and expose public officials or disseminate nude images.
“Deciding who is allowed to see our naked bodies is an essential right,” the complaint states.
“There’s never a way to litigate privacy in our judicial system without amplifying the very invasions underlying the suit, an inevitable hell that Hill has resigned herself to knowing this further public display may have been defendant’s hope all along,” the complaint continues.
While the nude photos and other painful episodes from her relationship with Heslep may become exhibits in the case, Hill said she has no other options to restore her privacy and dignity and that she has already “given up everything” to escape her ex-husband.
“Here we reset the ideas that abuse in a woman’s past should quash their political aspirations and that public sexual humiliation is an acceptable way to vanquish a political opponent,” the complaint states. “This case pleads that everybody, even publicly elected officials and celebrities, is owed the right to sexual privacy and redress from our courts when they experience intimate partner violence.”
Heslep, The Daily Mail’s parent company, Mail Media, RedState’s owner Salem Media Group, Messina and Van Laar are named in Hill’s complaint.
Hill claims intentional infliction of emotional distress, nonconsensual distribution of intimate images, civil conspiracy to distribute the images and violation of California’s unfair competition law.
Ashley Parris from McElroy Parris Trial Lawyers and Carrie Goldberg submitted the suit.


courthousenews--2020-12-23--Dominion Voting Systems Employee Sues Trump Campaign

( CN ) — A man caught in the center of 2020 election fraud conspiracy theories — who says ongoing threats and harassment have driven him into hiding — accused the Trump campaign in a lawsuit filed in Denver on Tuesday of defamation and inflicting emotional distress .
The 52-page lawsuit claims Trump ’ s campaign team and attorneys Rudy Giuliani and Sidney Powell grabbed onto an unsubstantiated narrative and led a social media army against Eric Coomer , an employee of Dominion Voting Systems .
The lawsuit also names as defendants Trump supporter Joseph Oltmann , One America News @ @ @ @ @ @ @ other individuals and organizations .
“ The widespread dissemination of false conspiracy theories about the 2020 presidential election has had devastating consequences both for me personally and for many of the thousands of American election workers and officials , both Republican and Democratic , who put aside their political beliefs to run free , fair , and transparent elections , ” Coomer said in a statement .
“ Elections are not about politics ; they are about accurately tabulating legally cast votes , ” Coomer said .
Following his loss for reelection , @ @ @ @ @ @ @ the election system as his campaign team scoured the country for examples of voter fraud .
The Trump campaign has pursued and lost lawsuits in Pennsylvania , Wisconsin , and many others in efforts to overturn the results .
With 81 million votes , President-elect Joe Biden decidedly won 306 electoral votes and the 2020 election .
He will be inaugurated on Jan. 20 , 2021 .
Despite Trump ’ s accusations , the U.S. Cybersecurity & Infrastructure Security Agency declared the Nov. 3rd election “ the most secure in American history.
” @ @ @ @ @ @ @ according to the lawsuit filed Tuesday , Oltmann claimed he had learned of an election conspiracy by infiltrating an Antifa conference call .
Oltmann said that on this call , a man named Eric told the group , “ Trump is not gon na win .
I made f-ing sure of that.
” According to the lawsuit , Olstmann then honed in on Eric Coomer by googling the terms “ Eric , ” “ Dominion , ” and “ Denver , Colorado.
” Based in Denver , FILE – In this Monday , @ @ @ @ @ @ @ voting machines fill the floor for early voting at the State Farm Arena in Atlanta .
A record-setting 108 million people voted before Election Day , either through early in-person voting or by mailing or dropping off absentee ballots – that represents nearly 70 % of all votes cast .
( AP Photo/Brynn Anderson ) managed election services like laying out ballots and setting up voting machines for 1,300 jurisdictions in 30 states during the 2020 election .
Dominion ’ s director of product strategy and security , Eric Coomer , claims he @ @ @ @ @ @ @ ’ s grand conspiracy theory .
Oltmann ’ s story was picked up by YouTube hosts , published on the Gateway Pundit , reported on One America News Network , and shared on social media by Trump ’ s son Eric .
“ To be clear , Dr. Coomer has no knowledge of an alleged ‘ Antifa Conference Call , ’ ” the lawsuit states .
“ Dr .
Coomer did not participate in such an alleged call ; Dr. Coomer did not make the comments Defendants falsely attribute to him ; and @ @ @ @ @ @ @ subvert the presidential election as defendants falsely allege.
” The lawsuit also highlights several high profile lawsuits Powell filed in Arizona , Georgia and Wisconsin fixating on Coomer ’ s supposed role in fixing the vote .
Following in her footsteps , attorney Gary Fielder filed a class action lawsuit in the U.S. District of Colorado on Tuesday alleging Dominion conspired to change votes and sell unreliable voting machines .
As the inventor of several voting-machine patents , Coomer is once again singled out , as the lawsuit echos Oltmann ’ s telephone @ @ @ @ @ @ @ s name continues to be blasted through hashtags such as # EricCoomer , # ExposeEricCoomer , and # ArrestEricCoomer .
Coomer said he was forced to leave his home due to threats against him and has had to sever ties with his friends in family in order to stay in hiding .
“ I have filed a lawsuit in Colorado in an effort to unwind as much of the damage as possible done to me , my family , my life , and my livelihood as a result of the numerous false public @ @ @ @ @ @ @ ‘ rigging ’ the 2020 presidential election , ” Coomer said in a statement .
In addition to attorneys ’ fees Croomer asks the court to order the named defendants to remove the alleged false stories from their platform and prevent them from encouraging further violence against him .
Coomer ’ s lawsuit was submitted by attorneys Charles Cain and Steve Skarnulis .

A man caught in the center of 2020 election fraud conspiracy theories — who says ongoing threats and harassment have driven him into hiding — accused the Trump campaign in a lawsuit filed in Denver on Tuesday of defamation and inflicting emotional distress.
(CN) — A man caught in the center of 2020 election fraud conspiracy theories — who says ongoing threats and harassment have driven him into hiding — accused the Trump campaign in a lawsuit filed in Denver on Tuesday of defamation and inflicting emotional distress.
The 52-page lawsuit claims Trump’s campaign team and attorneys Rudy Giuliani and Sidney Powell grabbed onto an unsubstantiated narrative and led a social media army against Eric Coomer, an employee of Dominion Voting Systems.
The lawsuit also names as defendants Trump supporter Joseph Oltmann, One America News Network correspondent Chanel Rion, Newsmax and other individuals and organizations.
“The widespread dissemination of false conspiracy theories about the 2020 presidential election has had devastating consequences both for me personally and for many of the thousands of American election workers and officials, both Republican and Democratic, who put aside their political beliefs to run free, fair, and transparent elections,” Coomer said in a statement.
“Elections are not about politics; they are about accurately tabulating legally cast votes,” Coomer said.
Following his loss for reelection, President Donald Trump was quick to blame the election system as his campaign team scoured the country for examples of voter fraud. The Trump campaign has pursued and lost lawsuits in Pennsylvania, Wisconsin, and many others in efforts to overturn the results.
With 81 million votes, President-elect Joe Biden decidedly won 306 electoral votes and the 2020 election. He will be inaugurated on Jan. 20, 2021.
Despite Trump’s accusations, the U.S. Cybersecurity & Infrastructure Security Agency declared the Nov. 3rd election "the most secure in American history."
While co-hosting a Conservative Daily Podcast, according to the lawsuit filed Tuesday, Oltmann claimed he had learned of an election conspiracy by infiltrating an Antifa conference call.
Oltmann said that on this call, a man named Eric told the group, "Trump is not gonna win. I made f-ing sure of that." According to the lawsuit, Olstmann then honed in on Eric Coomer by googling the terms "Eric,” “Dominion,” and “Denver, Colorado.”
Dominion’s director of product strategy and security, Eric Coomer, claims he became depicted as the mastermind in Oltmann’s grand conspiracy theory.
Oltmann's story was picked up by YouTube hosts, published on the Gateway Pundit, reported on One America News Network, and shared on social media by Trump’s son Eric.
"To be clear, Dr. Coomer has no knowledge of an alleged ‘Antifa Conference Call,’” the lawsuit states. “Dr. Coomer did not participate in such an alleged call; Dr. Coomer did not make the comments Defendants falsely attribute to him; and Dr. Coomer did not take actions to subvert the presidential election as defendants falsely allege."
The lawsuit also highlights several high profile lawsuits Powell filed in Arizona, Georgia and Wisconsin fixating on Coomer's supposed role in fixing the vote.
Following in her footsteps, attorney Gary Fielder filed a class action lawsuit in the U.S. District of Colorado on Tuesday alleging Dominion conspired to change votes and sell unreliable voting machines.
As the inventor of several voting-machine patents, Coomer is once again singled out, as the lawsuit echos Oltmann's telephone call anecdote.
Online, Coomer’s name continues to be blasted through hashtags such as #EricCoomer, #ExposeEricCoomer, and #ArrestEricCoomer.
Coomer said he was forced to leave his home due to threats against him and has had to sever ties with his friends in family in order to stay in hiding.
“I have filed a lawsuit in Colorado in an effort to unwind as much of the damage as possible done to me, my family, my life, and my livelihood as a result of the numerous false public statements that I was somehow responsible for ‘rigging’ the 2020 presidential election,” Coomer said in a statement.
In addition to attorneys’ fees Coomer asks the court to order the named defendants to remove the alleged false stories from their platform and prevent them from encouraging further violence against him.
Coomer’s lawsuit was submitted by attorneys Charles Cain and Steve Skarnulis.


Unmasked

SAN DIEGO — The American Federation of Teachers and the AFL-CIO claim Next Space Solutions failed to deliver half of @ @ @ @ @ masks ordered and those that were delivered were seized by the federal government as counterfeit @

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--2020-12-23--Detained Immigrant Children Accuse Feds of Mistreatment

LOS ANGELES ( CN ) — A federal judge indicated Tuesday she ’ ll order the Trump administration to face claims it unnecessarily prolongs detention of unaccompanied immigrant children in federal custody , gives them psychotropic drugs and undermines attorney access .
Attorneys for the children have said the Office of Refugee Resettlement ( ORR ) , the federal agency responsible for the care of unaccompanied migrant children , is administering psychiatric treatment without consent and limiting administrative appeal of children ’ s release denials , all in violation of federal law .
The children who are “ stepped up @ @ @ @ @ @ @ ’ t given meaningful notice , attorneys said , and are denied due process rights to challenge their placement .
“ Youth housed in shelters report being awakened in the small hours of the morning and soon thereafter finding themselves confined in juvenile detention centers or psychiatric facilities , where they suffer irreparable harm inherent to confinement , ” attorneys said in a motion for summary judgment filed in the Central District of California .
Under the landmark 1997 Flores settlement between immigrant rights groups and the federal government , ORR must place @ @ @ @ @ @ @ settings and release them ” without unnecessary delay ” to qualified family or approved custodians .
Alexandra Mayhugh of the Cooley firm , an attorney for the children , appeared by video conference before U.S. District Judge Dolly Gee on Tuesday that ORR is placing children in “ jail-like settings ” while it conducts a lengthy review on whether to “ step down ” a child from more restrictive custody settings .
In court papers , plaintiffs ’ counsel said neither the Flores agreement nor the Trafficking Victims Protection Reauthorization Act ( TVPRA @ @ @ @ @ @ @ implement , explain how long it should take the agency to determine whether a custodian is fit or how long a child can be held in restrictive settings .
“ ORR ’ s unnecessary delay and refusal to release children to qualified custodians inflicts grievous injury , ” plaintiffs ’ counsel wrote .
“ And as days of detention stretch into weeks and months , frustration and trauma often culminate in behaviors indicative of their deteriorating emotional state.
” Gee said in an oral tentative ruling Tuesday that res judicata doesn ’ t @ @ @ @ @ @ @ that she ’ ll likely grant partial summary judgment allowing Flores violation claims put forth by the class of “ stepped up ” children to advance .
U.S. Department of Justice attorney W. Daniel Shieh told Gee that plaintiffs seek due process rights that exceed both congressional mandate and what was negotiated in the Flores agreement .
Attorneys for ORR also made the same argument in their motion for summary judgment .
“ Under settled principles of res judicata , the settlement precludes the step-up class from raising a new procedural due process @ @ @ @ @ @ @ under the settlement for this class , and imposing such procedures would deprive defendants of the benefits that they negotiated under the settlement , ” the motion said .
Gee said she ’ ll likely rule that children don ’ t have to be notified or given a hearing before being stepped up and that plaintiffs are not entitled to “ automatic ” appeal hearings on all custodian denials , adding that it ’ s normal for potential sponsors to have to demonstrate their “ suitability.
” On plaintiffs ’ claim that ORR @ @ @ @ @ @ @ , Gee said she ’ ll likely grant the federal government summary judgment as it ’ s unclear what remedy the children ’ s ’ attorneys seek at this stage .
Shieh also decried plaintiffs ’ claims that ORR is acting in bad faith when it reviews custody decisions .
Plaintiffs ’ counsel Carlos Holguin of the Center for Human Rights & Constitutional Law also said Tuesday that ORR is retaliating against children who challenge agency decisions by cutting access to legal services funds .
Holguin said ORR is making children ’ s @ @ @ @ @ @ @ and thus prolonging children ’ s ’ detention and “ insulating ” the agency from legal review .
“ This is an example of self-serving policy , ” Holguin told Gee .
Gee said plaintiffs ’ claim is likely a triable issue of fact and that granting summary judgment would likely not be appropriate at this stage .
Gee took the motions under submission Tuesday and said she would issue a ruling after the parties report back in February on their efforts to settle all claims .
The parties must file a joint @ @ @ @ @ @ @ plaintiff Lucas R. , a Guatemalan boy , was released from detention in 2018 after more than 200 days in detention at Shiloh Residential Treatment Center in Texas , according to his attorneys .
In a sworn statement , Lucas told the court agency staff at the Hacienda del Sol facility in Youngtown , Arizona , had given him psychotropic drugs without his consent .
He was later transferred to Shiloh without notice or an opportunity to appeal .
After the Lucas R. v. Azar class action was filed in 2018 , attorneys @ @ @ @ @ @ @ the complaint on grounds that California was an improper venue for the matter but Gee — who has been overseeing the Flores settlement for years — denied the motion .

A federal judge indicated Tuesday she’ll order the Trump administration to face claims it unnecessarily prolongs detention of unaccompanied immigrant children in federal custody, gives them psychotropic drugs and undermines attorney access.
LOS ANGELES (CN) — A federal judge indicated Tuesday she’ll order the Trump administration to face claims it unnecessarily prolongs detention of unaccompanied immigrant children in federal custody, gives them psychotropic drugs and undermines attorney access.
Attorneys for the children have said the Office of Refugee Resettlement (ORR), the federal agency responsible for the care of unaccompanied migrant children, is administering psychiatric treatment without consent and limiting administrative appeal of children’s release denials, all in violation of federal law.
The children who are "stepped up" to more restrictive custody settings aren’t given meaningful notice, attorneys said, and are denied due process rights to challenge their placement.
“Youth housed in shelters report being awakened in the small hours of the morning and soon thereafter finding themselves confined in juvenile detention centers or psychiatric facilities, where they suffer irreparable harm inherent to confinement,” attorneys said in a motion for summary judgment filed in the Central District of California.
Under the landmark 1997 Flores settlement between immigrant rights groups and the federal government, ORR must place children in the “least restrictive” settings and release them ”without unnecessary delay” to qualified family or approved custodians.
Alexandra Mayhugh of the Cooley firm, an attorney for the children, appeared by video conference before U.S. District Judge Dolly Gee on Tuesday that ORR is placing children in “jail-like settings” while it conducts a lengthy review on whether to “step down” a child from more restrictive custody settings.
In court papers, plaintiffs’ counsel said neither the Flores agreement nor the Trafficking Victims Protection Reauthorization Act (TVPRA), which ORR was established to implement, explain how long it should take the agency to determine whether a custodian is fit or how long a child can be held in restrictive settings.
“ORR’s unnecessary delay and refusal to release children to qualified custodians inflicts grievous injury,” plaintiffs’ counsel wrote. “And as days of detention stretch into weeks and months, frustration and trauma often culminate in behaviors indicative of their deteriorating emotional state.”
Gee said in an oral tentative ruling Tuesday that res judicata doesn’t apply to the parties’ claims and that she’ll likely grant partial summary judgment allowing Flores violation claims put forth by the class of “stepped up” children to advance.
U.S. Department of Justice attorney W. Daniel Shieh told Gee that plaintiffs seek due process rights that exceed both congressional mandate and what was negotiated in the Flores agreement.
Attorneys for ORR also made the same argument in their motion for summary judgment.
“Under settled principles of res judicata, the settlement precludes the step-up class from raising a new procedural due process claim to seek new procedures not required under the settlement for this class, and imposing such procedures would deprive defendants of the benefits that they negotiated under the settlement,” the motion said.
Gee said she’ll likely rule that children don’t have to be notified or given a hearing before being stepped up and that plaintiffs are not entitled to “automatic” appeal hearings on all custodian denials, adding that it's normal for potential sponsors to have to demonstrate their “suitability.”
On plaintiffs’ claim that ORR is violating the trafficking victims protection law, Gee said she’ll likely grant the federal government summary judgment as it’s unclear what remedy the children’s’ attorneys seek at this stage.
Shieh also decried plaintiffs’ claims that ORR is acting in bad faith when it reviews custody decisions.
“Not every grant of discretion involves bad faith,” Shieh told Gee.
Plaintiffs’ counsel Carlos Holguin of the Center for Human Rights & Constitutional Law also said Tuesday that ORR is retaliating against children who challenge agency decisions by cutting access to legal services funds.
Holguin said ORR is making children’s records or children themselves inaccessible to attorneys and thus prolonging children’s’ detention and “insulating” the agency from legal review.
“This is an example of self-serving policy,” Holguin told Gee.
Gee said plaintiffs’ claim is likely a triable issue of fact and that granting summary judgment would likely not be appropriate at this stage.
Gee took the motions under submission Tuesday and said she would issue a ruling after the parties report back in February on their efforts to settle all claims. The parties must file a joint status report by Feb. 1.
Lead plaintiff Lucas R., a Guatemalan boy, was released from detention in 2018 after more than 200 days in detention at Shiloh Residential Treatment Center in Texas, according to his attorneys.
In a sworn statement, Lucas told the court agency staff at the Hacienda del Sol facility in Youngtown, Arizona, had given him psychotropic drugs without his consent. He was later transferred to Shiloh without notice or an opportunity to appeal.
After the Lucas R. v. Azar class action was filed in 2018, attorneys for the Trump administration moved to dismiss the complaint on grounds that California was an improper venue for the matter but Gee — who has been overseeing the Flores settlement for years — denied the motion.


courthousenews--2020-12-24--Trump Pardons Manafort and Others of His Inner Circle

WASHINGTON ( CN ) — Outgoing President Donald Trump issued a pardon to former campaign manager-turned-convict Paul Manafort on Wednesday .
Manafort was convicted in August 2018 in a federal court in Virginia on eight counts of bank and tax fraud , failing to file a report for a foreign bank account and falsifying his income on federal tax returns .
The president also issued pardons to Charles Kushner , father of Jared Kushner , and Roger Stone , a long time loyalist to President Trump , friend and former business partner of Paul Manafort .
During his trial , @ @ @ @ @ @ @ hiding millions of dollars that flowed through a complex web of foreign bank accounts ; records of funds that he often had doctored to defraud tax preparers and bankers .
He was sentenced to four years by U.S. District Judge T.S .
Ellis , well below the initial sentence recommended by special counsel ’ s recommendation of 19 to 24 years .
Manafort was released from prison this May after his attorney pleaded with a federal judge for the United States District Court for the Eastern District of Virginia to release the former @ @ @ @ @ @ @ coronavirus .
Manafort contracted the flu and bronchitis while he was detained at the Federal Correctional Institution in Loretto , Pennsylvania this spring .

Outgoing President Donald Trump issued a pardon to former campaign manager-turned-convict Paul Manafort on Wednesday.
WASHINGTON (CN) — Outgoing President Donald Trump issued a pardon to former campaign manager-turned-convict Paul Manafort on Wednesday.
Manafort was convicted in August 2018 in a federal court in Virginia on eight counts of bank and tax fraud, failing to file a report for a foreign bank account and falsifying his income on federal tax returns.
The president also issued pardons to Charles Kushner, father of Jared Kushner, and Roger Stone, a long time loyalist to President Trump, friend and former business partner of Paul Manafort.
During his trial, prosecutors unraveled Manafort’s role in hiding millions of dollars that flowed through a complex web of foreign bank accounts; records of funds that he often had doctored to defraud tax preparers and bankers.
He was sentenced to four years by U.S. District Judge T.S. Ellis, well below the initial sentence recommended by special counsel’s recommendation of 19 to 24 years.
Manafort was released from prison this May after his attorney pleaded with a federal judge for the United States District Court for the Eastern District of Virginia to release the former lobbyist due to concerns over the novel coronavirus.
Manafort contracted the flu and bronchitis while he was detained at the Federal Correctional Institution in Loretto, Pennsylvania this spring.
Roger Stone was convicted by a federal jury in Washington, D.C. last November on multiple charges including lying to Congress, witness tampering and obstructing the House of Representatives investigation into Russian interference of the 2016 election.
Though sentencing guidelines for Stone recommended a maximum of 50 years, prosecutors only recommended seven to eight. Stone was ultimately only sentenced to 40 months.
But right before he was headed federal prison in July, the president commuted Stone’s sentence, sparing him of any jail time. Stone has maintained his innocence. When the Department of Justice first issued its sentencing memorandum for his friend, Trump wasted no time commenting from his perch on Twitter calling the recommendation a “horrible and very unfair situation.”
“Cannot allow miscarriage of justice!” Trump wrote in February.
It was the second time the president sounded off his sympathy publicly for Stone while he faced prosecutors.
Charles Kushner, Jared Kushner’s father, billionaire, and real estate developer, served two years in prison for defrauding the federal government and filing bogus tax returns where he claimed campaign contributions as business expenses. The elder Kushner also lied to investigators and the Federal Election Commission about his donations.
The investigation into Kushner that led to his conviction revealed a world of sordid and bitter infighting among the Kushners, particularly Charles and his brother-in-law, William Schulder.
When federal prosecutors began probing into illegal campaign contributions and sought out Schulder, he turned witness. In retaliation for this betrayal, prosecutors revealed in court, Charles Kushner hired a sex worker to seduce Schulder in a New Jersey motel room. The encounter was secretly filmed by Kushner and the tape was sent to Schulder’s wife — Kushner’s sister — Esther.
Schulder turned on Kushner anyway.
In addition to Stone, Manafort and Kushner, the president also issued pardons to 23 other people as he flew from the White House to his Florida golf club, Mar-a-Lago, for the holidays.
Some of those pardoned Wednesday include Margaret Hunter, wife of the disgraced former California Republican Representative Duncan Hunter. Hunter and his wife pleaded guilty to misusing campaign funds. Duncan Hunter was sentenced to 11 months in prison in March for his misuse of $150,000. Ahead of his wife’s commutation Wednesday, Duncan Hunter too was pardoned by Trump.
Like Wednesday’s batch of commutations, Tuesday’s list resembled something like a highlight reel of prominent figures once at the center of former special counsel Robert Mueller’s lengthy probe into Russian interference in the 2016 election.
Former foreign policy adviser to the 2016 Trump campaign, George Papadopolous was pardoned by Trump. Papadopolous was found guilty of providing false information to Mueller.
Clemency was also granted to Alex van der Zwaan, a Dutch attorney who pleaded guilty in 2018 for lying to prosecutors about his communication with Rick Gates, yet another former Trump campaign aide who was indicted on charges of conspiracy and money laundering, as well as acting as an unregistered foreign agent.
In 2012, Van der Zwaan, long before his entanglements with Mueller, assisted Paul Manafort with the creation of a report to shield Ukraine’s then president Viktor Yanukovych from criticism he faced over his jailing of political opponent Yulia Tymoshenko.
Manafort was instrumental in getting Yanukovych, backed by Russian President Vladimir Putin, elected.
California Democratic Representative Adam Schiff sounded off on the pardons Wednesday night. Schiff served as lead impeachment manager during Trump’s impeachment inquiry in the House.
“During the Mueller investigation, Trump’s lawyer floated a pardon to Manafort. Manafort withdrew his cooperation with prosecutors, lied, was convicted, and then Trump praised him for not “ratting.” Trump’s pardon now completes the corrupt scheme. Lawless until the bitter end,” Schiff wrote on Twitter.
Talk of pardons for Trump’s allies new and old has been circulating since long before the Mueller probe concluded last April.
In the redacted 400-plus-page report on the investigation, the former special counsel laid out a complex web of obstruction, abuse of power and a recurring theme of lies and denial offered from near every corner of the Trump campaign’s universe.
Though Trump has long held publicly that the probe was little more than a fabricated “hoax” perpetrated against him by any number of people he perceives as disloyal, in the report’s many pages, a stark insecurity was laid bare.
“Oh my god,” Trump said at the time according to contemporaneous notes taken by Joseph Hunt, former assistant attorney general for the Civil Division of the DOJ, during a meeting between Trump and former Attorney General Jeff Sessions.
Trump had just learned Mueller was appointed to investigate him.
“I’m fucked,” Trump said.
The White House did not immediately return a request for comment Wednesday.


ESPN Firing

HARTFORD , Conn. — A former “ SportsCenter ” producer sued ESPN for wrongful termination , claiming she was fired @ @ @ @ @ her of making a racist remark six years prior .


courthousenews--2020-12-23--California’s New Senator, Elections Chief Share Their American Dreams

( CN ) — California ’ s new election chief Shirley Weber had a story to tell Wednesday as she was introduced to the state ’ s 40 million residents , save the San Diego County constituents she represents in the Assembly : Her grandfather never voted because he lived in Arkansas during Jim Crow , before the Voting Rights Act .
Her father fled Hope , Arkansas , because he was imminently in peril of being lynched .
But once safely ensconced in California in the 1950s , Weber said one of the first things he did was vote @ @ @ @ @ @ @ do so .
“ His not being able to go to school , not being able to vote , he instilled its importance in his eight children , ” Weber , whom Governor Gavin Newsom appointed as secretary of state on Tuesday , said .
Weber replaces current Secretary of State Alex Padilla and will now be in charge of elections in the nation ’ s most populous state .
Newsom tapped Padilla to fill the U.S. Senate seat being vacated by Vice President-elect Kamala Harris .
At Wednesday ’ s roundtable , @ @ @ @ @ @ @ American Dream to share .
He talked about how his parents , both born in Mexico , immigrated separately and met in Los Angeles , where they fell in love , married and had three children who all went on to be public servants .
“ My father spent 40 years as a short-order cook , ” Padilla recalled .
“ For those same 40 years , my mother used to clean houses .
I saw their struggle , sacrifice and hard work growing up.
” Padilla said it ’ s those roots @ @ @ @ @ @ @ working families in California as a member of the U.S. Senate .
The newly minted senator said he spoke with Senate Minority Leader Chuck Schumer on Tuesday but has not had any indication of which committees he may be assigned to once he is sworn in next month .
He did say that he will fight for equitable distribution of the coronavirus vaccines at the outset .
Newsom , who has endured political turmoil as of late , appeared relaxed and praised the two public officials as examples of people who are in @ @ @ @ @ @ @ the through the lure of prestige .
“ They ’ re here to do something , not be something , ” Newsom said .
Newsom ’ s appointment of Padilla was not without controversy , as many in California wanted a black woman to replace Harris and so honor the groundbreaking nature of her U.S. Senate victory in 2016 when she became just the second Black woman — and first South Asian American — to serve in the Senate .
“ This is a real blow to the African American community , to @ @ @ @ @ @ @ general , ” said San Francisco Mayor London Breed on Tuesday .
Breed , the first black woman to become mayor of San Francisco , later backtracked and praised Padilla ’ s credentials and predicted he would be a successful representative for California .
Kamala Harris also gave the nomination her seal of approval Tuesday via social media and then again on Wednesday after being asked about it by a reporter .
“ The governor made his decision , ” Harris said Wednesday .
“ I ’ ve known Alex Padilla , I @ @ @ @ @ @ @ past .
He is an outstanding public servant .
There were many names on that list who are really exceptional.
” Harris noted Padilla will be the first Latino from California to serve in the U.S. Senate .
The population of California is roughly 40 % Latino .
Padilla also makes sense from a geographical perspective .
Padilla is from Los Angeles and will be the first U.S .
Senator from the largest city in the state in some time .
Senior U.S .
Senator Dianne Feinstein , Harris and her predecessor , @ @ @ @ @ @ @ Democrats .
Padilla and Weber both told reporters they intend to run for full terms in their respective new posts in 2022 .
“ We will run an aggressive campaign , ” Weber said .
Newsom still has a major appointment to make , with state Attorney General Xavier Becerra taking a position in President-elect Joe Biden ’ s administration as the head of Health and Human Services .
The governor will appoint Becerra ’ s replacement some time before Biden is inaugurated on Jan. 20 .

(AP Photo/Rich Pedroncelli, File)
(California Assembly photo) California Gov. Gavin Newsom has appointed Secretary of State Alex Padilla, left, to the U.S. Senate seat vacated by Vice President-elect Kamala Harris. Assembly member Shirley Weber, right, will take Padilla’s spot as the Golden State’s elections chief.
(CN) — California’s new election chief Shirley Weber had a story to tell Wednesday as she was introduced to the state’s 40 million residents, save the San Diego County constituents she represents in the Assembly: Her grandfather never voted because he lived in Arkansas during Jim Crow, before the Voting Rights Act.
Her father fled Hope, Arkansas, because he was imminently in peril of being lynched. But once safely ensconced in California in the 1950s, Weber said one of the first things he did was vote because he finally had the opportunity to do so.
“His not being able to go to school, not being able to vote, he instilled its importance in his eight children,” Weber, whom Governor Gavin Newsom appointed as secretary of state on Tuesday, said.
Weber replaces current Secretary of State Alex Padilla and will now be in charge of elections in the nation’s most populous state. Newsom tapped Padilla to fill the U.S. Senate seat being vacated by Vice President-elect Kamala Harris.
At Wednesday’s roundtable, Padilla had his own iteration of the American Dream to share.
He talked about how his parents, both born in Mexico, immigrated separately and met in Los Angeles, where they fell in love, married and had three children who all went on to be public servants.
“My father spent 40 years as a short-order cook,” Padilla recalled. “For those same 40 years, my mother used to clean houses. I saw their struggle, sacrifice and hard work growing up.”
Padilla said it’s those roots that will allow him to fight for working families in California as a member of the U.S. Senate.
The newly minted senator said he spoke with Senate Minority Leader Chuck Schumer on Tuesday but has not had any indication of which committees he may be assigned to once he is sworn in next month.
He did say that he will fight for equitable distribution of the coronavirus vaccines at the outset.
Newsom, who has endured political turmoil as of late, appeared relaxed and praised the two public officials as examples of people who are in public service to accomplish things rather than the through the lure of prestige.
“They’re here to do something, not be something,” Newsom said.
Newsom’s appointment of Padilla was not without controversy, as many in California wanted a black woman to replace Harris and so honor the groundbreaking nature of her U.S. Senate victory in 2016 when she became just the second Black woman — and first South Asian American — to serve in the Senate.
“This is a real blow to the African American community, to African American women, to women in general,” said San Francisco Mayor London Breed on Tuesday.
Breed, the first black woman to become mayor of San Francisco, later backtracked and praised Padilla’s credentials and predicted he would be a successful representative for California.
Kamala Harris also gave the nomination her seal of approval Tuesday via social media and then again on Wednesday after being asked about it by a reporter.
“The governor made his decision,” Harris said Wednesday. “I've known Alex Padilla, I've worked with him in the past. He is an outstanding public servant. There were many names on that list who are really exceptional.”
Harris noted Padilla will be the first Latino from California to serve in the U.S. Senate. The population of California is roughly 40% Latino.
Padilla also makes sense from a geographical perspective. Padilla is from Los Angeles and will be the first U.S. Senator from the largest city in the state in some time. Senior U.S. Senator Dianne Feinstein, Harris and her predecessor, Barbara Boxer, were all Bay Area Democrats.
Padilla and Weber both told reporters they intend to run for full terms in their respective new posts in 2022.
“We will run an aggressive campaign,” Weber said.
Newsom still has a major appointment to make, with state Attorney General Xavier Becerra taking a position in President-elect Joe Biden’s administration as the head of Health and Human Services.
The governor will appoint Becerra’s replacement some time before Biden is inaugurated on Jan. 20.


Top Eight

Your Wednesday night briefing from the staff of Courthouse News Top eight stories for today including drugmakers Pfizer and BioNTech announced they will supply the U.S. with an additional 100 million doses of its vaccine for Covid-19 by next summer ; President Donald Trump made good on his vow to veto the 2021 national defense spending bill ; The Second Circuit ruled the government need not release statistics on guns used in suicides or attempted suicides , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to @ @ @ @ @ @ @ . )
Ramping up production , drugmakers Pfizer and BioNTech announced Wednesday that they will supply the United States with an additional 100 million doses of its vaccine for Covid-19 by July of next year .
2 . )
The U.S. government need not release statistics on guns used in suicides or attempted suicides , the Second Circuit ruled Wednesday , reversing what had been a victory for gun-regulation advocates .
3 . )
President Donald Trump made good on his vow Wednesday to veto the 2021 national defense spending bill , queuing @ @ @ @ @ @ @ supermajority of both the House and Senate could override him .
4 . )
Accusing the government of scapegoating her to make up for its aborted prosecution of Jeffrey Epstein , Ghislaine Maxwell told a federal judge Wednesday that her relationship with the late pedophile is no reason to deny her bail .
5 . )
A 1974 Ohio law that criminalizes possession of a firearm while intoxicated does not violate the Second Amendment and can be enforced against citizens in their own homes , a divided state high court ruled Wednesday .
@ @ @ @ @ @ @ $ 2 million in damages a court ordered he and his anti-abortion cohorts to pay last year for secretly recording abortion providers , David Daleiden and his associates were hit with another $ 13.6 million bill for Planned Parenthood ’ s legal costs this week .
7 . )
In a research effort four decades in the making , experts have constructed a comprehensive picture on the health of the bunchgrass prairie , one of the most endangered ecosystems in North America .
8 . )
Nine thousand years ago , a Mediterranean @ @ @ @ @ @ @ swept across the spot where the ancient settlement of Tel Dor in northwest Israel would later be built .

Top eight stories for today including drugmakers Pfizer and BioNTech announced they will supply the U.S. with an additional 100 million doses of its vaccine for Covid-19 by next summer; President Donald Trump made good on his vow to veto the 2021 national defense spending bill; The Second Circuit ruled the government need not release statistics on guns used in suicides or attempted suicides, and more.
Your Wednesday night briefing from the staff of Courthouse News
Top eight stories for today including drugmakers Pfizer and BioNTech announced they will supply the U.S. with an additional 100 million doses of its vaccine for Covid-19 by next summer; President Donald Trump made good on his vow to veto the 2021 national defense spending bill; The Second Circuit ruled the government need not release statistics on guns used in suicides or attempted suicides, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) Ramping up production, drugmakers Pfizer and BioNTech announced Wednesday that they will supply the United States with an additional 100 million doses of its vaccine for Covid-19 by July of next year.
Dry ice is poured into a box containing the Pfizer-BioNTech COVID-19 vaccine as it is prepared to be shipped at the Pfizer Global Supply Kalamazoo manufacturing plant in Portage, Mich., Sunday, Dec. 13, 2020. (AP Photo/Morry Gash, Pool)
2.) The U.S. government need not release statistics on guns used in suicides or attempted suicides, the Second Circuit ruled Wednesday, reversing what had been a victory for gun-regulation advocates.
The above bar graph depicts the number of NFA firearms processed from applications captured in the NFRTR by Fiscal Year from FY 2005 to FY 2020. (ATF graph via Courthouse News)
3.) President Donald Trump made good on his vow Wednesday to veto the 2021 national defense spending bill, queuing up a showdown in Congress where a supermajority of both the House and Senate could override him.
A Marine stands outside the entrance to the West Wing of the White House, signifying the President is in the Oval Office, Tuesday, Dec. 22, 2020, in Washington. (AP Photo/Andrew Harnik)
4.) Accusing the government of scapegoating her to make up for its aborted prosecution of Jeffrey Epstein, Ghislaine Maxwell told a federal judge Wednesday that her relationship with the late pedophile is no reason to deny her bail.
In this July 2, 2020, file photo, Audrey Strauss, acting U.S. Attorney for the Southern District of New York, points to a photo of Jeffrey Epstein and Ghislaine Maxwell during a news conference, in New York. (AP Photo/John Minchillo, File)
Regional
5.) A 1974 Ohio law that criminalizes possession of a firearm while intoxicated does not violate the Second Amendment and can be enforced against citizens in their own homes, a divided state high court ruled Wednesday.
Handguns are displayed at the Smith & Wesson booth at the Shooting, Hunting and Outdoor Trade Show in Las Vegas. (John Locher/AP)
6.) On top of over $2 million in damages a court ordered he and his anti-abortion cohorts to pay last year for secretly recording abortion providers, David Daleiden and his associates were hit with another $13.6 million bill for Planned Parenthood’s legal costs this week.
David Daleiden, an anti-abortion activist charged with invasion of privacy for filming attendees at National Abortion Federation conferences in California.
Science
7.) In a research effort four decades in the making, experts have constructed a comprehensive picture on the health of the bunchgrass prairie, one of the most endangered ecosystems in North America.
Bison resting in prairie grass at the National Bison Range in Montana. (Courthouse News photo / David Reese)
8.) Nine thousand years ago, a Mediterranean tsunami as much as 150 feet high swept across the spot where the ancient settlement of Tel Dor in northwest Israel would later be built.


courthousenews--2020-12-23--Indicted Giuliani Associates Cite Privilege to Evade Trial

MANHATTAN ( CN ) — In the same week it was reported that prosecutors are in talks to obtain Rudy Giuliani ’ s electronic communications , three Giuliani associates sought to have their federal indictments dismissed on the basis that the evidence against them comes from emails that have attorney-client privilege .
Lev Parnas , Igor Fruman , and Andrey Kukushkin were indicted in October 2019 , accused of funneling political donations through a limited-liability company and employing straw donors .
Southern District of New York prosecutors brought additional counts this fall in a superseding indictment , but attorneys for @ @ @ @ @ @ @ dismissed “ for a gross violation of the defendants ’ attorney-client privilege ” arising from an email chain with attorneys and advisers related to their joint cannabis business venture .
In a Wednesday memo for Fruman , attorney Todd Blanche argued that the government ’ s filter team should have inquired whether the defendants intended to assert privilege over that email chain , which included requests for both legal advice and legal services , before turning the evidence over to the trial team .
“ That did not happen , ” Blanche wrote @ @ @ @ @ @ @ this bell , and therefore , the only remedy is dismissal of the superseding indictment , as the entire process has been tainted by the conduct of the government.
” In the absence of dismissing superseding indictment in its entirety , Blanche asked in the alternative that all evidence seized from the improper use of the privileged email communication be suppressed .
A partner at Cadwalader , Wickersham & Taft , Blanche previously represented former Trump campaign manager Paul Manafort .
Separately Wednesday , Kukushkin ’ s attorney Gerald B. Lefcourt alleged that @ @ @ @ @ @ @ client ’ s assertions of attorney-client privilege with multiple lawyers and advisers in the email chain .
“ To my knowledge , the government never made an application to the Court for a privilege ruling , ” Lefcourt wrote .
The already-postponed trial was set to start in March 2021 before U.S District Judge J. Paul Oetken , but the Covid-19 global pandemic has delayed it until later in the year .
In October , David Correia became the first of the four co-defendants in the indictments to plead guilty .
Correia pleaded @ @ @ @ @ @ @ superseding indictment in a case where he and Parnas were charged with defrauding investors in a would-be company named “ Fraud Guarantee.
” Fruman ’ s attorney asked the court on Wednesday to sever his joint trial from Parnas because of “ spillover prejudice ” from the Fraud Guarantee scheme alleged in count seven of the superseding indictment , for which Fruman did not face any new counts .
“ If the jury hears evidence that Mr. Parnas was engaged in a scheme to defraud investors , it is highly likely they will @ @ @ @ @ @ @ Fruman had the requisite intent to violate campaign finance laws , ” Blanche wrote .
Kukushkin ’ s attorney separately asked for severance from other co-defendants , citing “ the basis of improper joinder and in order to preserve Mr. Kukushkin ’ s constitutional due process right to a fair trial.
” Joseph Bondy , a lawyer for Parnas , filed his memo Tuesday , asking that the White House and Justice Department turn over any electronic communications in which they discussed the decision to charge his client with making illegal campaign contributions @ @ @ @ @ @ @ attorney who serves on the Board of Directors for the National Organization for the Reform of Marijuana Laws — also laid out his suspicion that Attorney General William Barr orchestrated Parnas ’ indictment “ as a means to protect the president and thwart his potential testimony in the impeachment inquiry.
” The lawyer wants an evidentiary hearing to determine why Vice President Mike Pence and others weren ’ t prosecuted for receiving “ improper ” campaign contributions .
A spokesperson for the Southern District of New York declined to comment on Wednesday .
@ @ @ @ @ @ @ previously landed a three-year sentence for Trump ’ s ex-fixer Michael Cohen , is in charge of the prosecution with help from AUSAs Rebekah Donaleski and Doug Zolkind .

In the same week it was reported that prosecutors are in talks to obtain Rudy Giuliani's electronic communications, three Giuliani associates sought to have their federal indictments dismissed on the basis that the evidence against them comes from emails that have attorney-client privilege.
MANHATTAN (CN) — In the same week it was reported that prosecutors are in talks to obtain Rudy Giuliani's electronic communications, three Giuliani associates sought to have their federal indictments dismissed on the basis that the evidence against them comes from emails that have attorney-client privilege.
Lev Parnas, Igor Fruman, and Andrey Kukushkin were indicted in October 2019, accused of funneling political donations through a limited-liability company and employing straw donors. Southern District of New York prosecutors brought additional counts this fall in a superseding indictment, but attorneys for trio now say both indictments should be dismissed “for a gross violation of the defendants’ attorney-client privilege” arising from an email chain with attorneys and advisers related to their joint cannabis business venture.
In a Wednesday memo for Fruman, attorney Todd Blanche argued that the government’s filter team should have inquired whether the defendants intended to assert privilege over that email chain, which included requests for both legal advice and legal services, before turning the evidence over to the trial team.
This Facebook screen shot provided by The Campaign Legal Center, shows from left, Donald Trump, Jr., Tommy Hicks, Jr., Lev Parnas and Igor Fruman, posted on May 21, 2018. (The Campaign Legal Center via AP)
“That did not happen,” Blanche wrote. “The court cannot un-ring this bell, and therefore, the only remedy is dismissal of the superseding indictment, as the entire process has been tainted by the conduct of the government.”
In the absence of dismissing superseding indictment in its entirety, Blanche asked in the alternative that all evidence seized from the improper use of the privileged email communication be suppressed. A partner at Cadwalader, Wickersham & Taft, Blanche previously represented former Trump campaign manager Paul Manafort.
Separately Wednesday, Kukushkin’s attorney Gerald B. Lefcourt alleged that the government was made aware of his client’s assertions of attorney-client privilege with multiple lawyers and advisers in the email chain. “To my knowledge, the government never made an application to the Court for a privilege ruling,” Lefcourt wrote.
The already-postponed trial was set to start in March 2021 before U.S District Judge J. Paul Oetken, but the Covid-19 global pandemic has delayed it until later in the year.
In October, David Correia became the first of the four co-defendants in the indictments to plead guilty.
Correia pleaded guilty to two counts of a seven-count superseding indictment in a case where he and Parnas were charged with defrauding investors in a would-be company named “Fraud Guarantee.”
Fruman’s attorney asked the court on Wednesday to sever his joint trial from Parnas because of “spillover prejudice” from the Fraud Guarantee scheme alleged in count seven of the superseding indictment, for which Fruman did not face any new counts.
“If the jury hears evidence that Mr. Parnas was engaged in a scheme to defraud investors, it is highly likely they will conclude that both Mr. Parnas and Mr. Fruman had the requisite intent to violate campaign finance laws,” Blanche wrote.
Kukushkin’s attorney separately asked for severance from other co-defendants, citing “the basis of improper joinder and in order to preserve Mr. Kukushkin’s constitutional due process right to a fair trial.”
Joseph Bondy, a lawyer for Parnas, filed his memo Tuesday, asking that the White House and Justice Department turn over any electronic communications in which they discussed the decision to charge his client with making illegal campaign contributions.
Bondy — himself a prominent cannabis attorney who serves on the Board of Directors for the National Organization for the Reform of Marijuana Laws — also laid out his suspicion that Attorney General William Barr orchestrated Parnas' indictment "as a means to protect the president and thwart his potential testimony in the impeachment inquiry."
The lawyer wants an evidentiary hearing to determine why Vice President Mike Pence and others weren't prosecuted for receiving "improper" campaign contributions.
A spokesperson for the Southern District of New York declined to comment on Wednesday.
Assistant U.S. Attorney Nicolas Roos, who previously landed a three-year sentence for Trump’s ex-fixer Michael Cohen, is in charge of the prosecution with help from AUSAs Rebekah Donaleski and Doug Zolkind.


courthousenews--2020-12-23--Ghislaine Maxwell Says Ties to Epstein Shouldn’t Throw Away Her Key

MANHATTAN ( CN ) — Accusing the government of scapegoating her to make up for its aborted prosecution of Jeffrey Epstein , Ghislaine Maxwell told a federal judge Wednesday that her relationship with the late pedophile is no reason to deny her bail .
The 58-year-old British socialite made her latest demand for freedom today as part of a $ 28.5 million bail package she proposed earlier this month .
“ With regard to any other defendant , this record would readily support release on strict bail conditions , perhaps even on consent , ” Maxwell ’ s attorney , @ @ @ @ @ @ @ wrote in the Wednesday filing .
“ But this is Ghislaine Maxwell , the apparent substitute for Jeffrey Epstein.
” Like many defendants in her position this year , Maxwell is leaning on the Covid-19 pandemic as a reason to grant bail , stating that her risk of contracting coronavirus is heightened by the daily inspections of her mouth that the government conducts on her at the Metropolitan Detention Center in Brooklyn where she has been held in solitary since July .
Arrested that month at a posh New Hampshire estate after months @ @ @ @ @ @ @ Maxwell is accused of helping procure girls as young as 14 for Epstein to rape , while also taking part in the occasional forced sex act .
Cohen has repeatedly said his client has no intention of fleeing as “ she would lose everything and destroy the family she has been fighting so hard to protect since Epstein ’ s arrest ” if she did try to flee .
She had already been denied a request to leave strict solitary confinement and rejoin the general prison population at the MDC Brooklyn facility .
@ @ @ @ @ @ @ bail , however , noting Maxwell has “ extensive financial resources and foreign ties ” and could “ live in hiding for the long term.
” U.S Attorney Audrey Strauss added at the time that Maxwell ’ s motion was merely a “ repackaging [ of ] prior arguments ” that had already been denied .
In the latest attempt at bail , Cohen states in the partially redated filing that government officials have asked for the impossible from Maxwell ’ s legal team : an absolute guarantee against all flight risks .
@ @ @ @ @ @ @ , ” Cohen wrote , adding that the government has not challenged the bona fides of the family and close friends who would put up bail , that a former federal tax agent had signed off on Maxwell ’ s financial condition , and that Maxwell would submit to standard travel restrictions , including waiving her extradition rights from France and the United Kingdom .
“ Under the Bail Reform Act , a defendant must be released unless there are ‘ no conditions ’ that would reasonably assure her presence , ” Cohen @ @ @ @ @ @ @ package satisfies the actual governing standard , and the court should grant bail.
” The package Maxwell has proposed included a $ 22.5 million bond , which was co-signed by her unnamed spouse , as well as an additional $ 5 million in bonds from friends and family .
While Maxwell ’ s spouse is currently unnamed in court filings , some have speculated it is Scott Borgenson , the CEO of a data analytics company who is 15 years her junior .
Borgenson has a home at Manchester-by-the-Sea , Massachusetts .
“ @ @ @ @ @ @ @ no the reason to deny her bail , ” Cohen wrote .
“ It is a reason to set appropriately strict conditions that will result in significant financial consequences to Ms. Maxwell and her friends and family if she leaves the country .
The proposed bail package does exactly that.
” Cohen argues that the prosecution ’ s case against Maxwell rests almost entirely on credibility and reliability of three witnesses , with the most damning claims coming only from one alleged victim .
Prosecutors have said they may have additional witnesses .
@ @ @ @ @ @ @ number of high-profile and rich individuals , including Prince Andrew and Harvard Law professor Alan Dershowitz , with having had sex with underage victims at Epstein ’ s private island and other properties .
Epstein did plead guilty in 2008 to procuring a child for prostitution but was given leniency from prosecutors .
After new evidence came forth alleging that the financier had paid underage girls for massages , then molested and raped them , he was arrested again in July 2019 .
Officials ruled his jail cell death the next month a @ @ @ @ @ @ @ at a 156-acre rural estate in New Hampshire after evading authorities for much of that past year .
Officials said she bought the property in 2019 for about $ 1 million .
After her arrest , Maxwell was charged with sex trafficking and enticement of minors for her alleged role as a procurer of underage girls for Epstein , as well as perjury for allegedly lying under oath during a 2016 deposition .
She has pleaded not guilty but faces a possible sentence of 35 years if convicted .

Accusing the government of scapegoating her to make up for its aborted prosecution of Jeffrey Epstein, Ghislaine Maxwell told a federal judge Wednesday that her relationship with the late pedophile is no reason to deny her bail.
MANHATTAN (CN) — Accusing the government of scapegoating her to make up for its aborted prosecution of Jeffrey Epstein, Ghislaine Maxwell told a federal judge Wednesday that her relationship with the late pedophile is no reason to deny her bail.
The 58-year-old British socialite made her latest demand for freedom today as part of a $28.5 million bail package she proposed earlier this month.
“With regard to any other defendant, this record would readily support release on strict bail conditions, perhaps even on consent,” Maxwell’s attorney, Mark Cohen of Cohen & Gresser, wrote in the Wednesday filing. “But this is Ghislaine Maxwell, the apparent substitute for Jeffrey Epstein.”
Like many defendants in her position this year, Maxwell is leaning on the Covid-19 pandemic as a reason to grant bail, stating that her risk of contracting coronavirus is heightened by the daily inspections of her mouth that the government conducts on her at the Metropolitan Detention Center in Brooklyn where she has been held in solitary since July.
Arrested that month at a posh New Hampshire estate after months of living underground and evading authorities, Maxwell is accused of helping procure girls as young as 14 for Epstein to rape, while also taking part in the occasional forced sex act.
Cohen has repeatedly said his client has no intention of fleeing as “she would lose everything and destroy the family she has been fighting so hard to protect since Epstein’s arrest” if she did try to flee.
She had already been denied a request to leave strict solitary confinement and rejoin the general prison population at the MDC Brooklyn facility.
Prosecutors have scoffed at the idea of bail, however, noting Maxwell has “extensive financial resources and foreign ties” and could “live in hiding for the long term.” U.S. Attorney Audrey Strauss added at the time that Maxwell’s motion was merely a “repackaging [of] prior arguments” that had already been denied.
In the latest attempt at bail, Cohen states in the partially redacted filing that government officials have asked for the impossible from Maxwell’s legal team: an absolute guarantee against all flight risks.
“This is not the legal standard,” Cohen wrote, adding that the government has not challenged the bona fides of the family and close friends who would put up bail, that a former federal tax agent had signed off on Maxwell’s financial condition, and that Maxwell would submit to standard travel restrictions, including waiving her extradition rights from France and the United Kingdom.
“Under the Bail Reform Act, a defendant must be released unless there are ‘no conditions’ that would reasonably assure her presence,” Cohen wrote. “Here, the proposed package satisfies the actual governing standard, and the court should grant bail.”
The package Maxwell has proposed included a $22.5 million bond, which was co-signed by her unnamed spouse, as well as an additional $5 million in bonds from friends and family.
While Maxwell’s spouse is currently unnamed in court filings, some have speculated it is Scott Borgenson, the CEO of a data analytics company who is 15 years her junior. Borgenson has a home at Manchester-by-the-Sea, Massachusetts.
“Ms. Maxwell’s wealth is no the reason to deny her bail,” Cohen wrote. “It is a reason to set appropriately strict conditions that will result in significant financial consequences to Ms. Maxwell and her friends and family if she leaves the country. The proposed bail package does exactly that.”
Cohen argues that the prosecution’s case against Maxwell rests almost entirely on credibility and reliability of three witnesses, with the most damning claims coming only from one alleged victim. Prosecutors have said they may have additional witnesses.
The Jeffrey Epstein scandal has implicated a number of high-profile and rich individuals, including Prince Andrew and Harvard Law professor Alan Dershowitz, with having had sex with underage victims at Epstein’s private island and other properties.
Epstein did plead guilty in 2008 to procuring a child for prostitution but was given leniency from prosecutors. After new evidence came forth alleging that the financier had paid underage girls for massages, then molested and raped them, he was arrested again in July 2019.
Officials ruled his jail cell death the next month a suicide.
Maxwell was arrested last July at a 156-acre rural estate in New Hampshire after evading authorities for much of that past year. Officials said she bought the property in 2019 for about $1 million.
After her arrest, Maxwell was charged with sex trafficking and enticement of minors for her alleged role as a procurer of underage girls for Epstein, as well as perjury for allegedly lying under oath during a 2016 deposition. She has pleaded not guilty but faces a possible sentence of 35 years if convicted.
U.S. District Judge Alison Nathan is presiding.


courthousenews--2020-12-23--Gun Use in US Suicides Kept Secret With 2nd Circuit Ruling

MANHATTAN ( CN ) — The U.S. government need not release statistics on guns used in suicides or attempted suicides , the Second Circuit ruled Wednesday , reversing what had been a victory for gun-regulation advocates .
Seeking such information as part of a push to curb gun violence in America , the group Everytown for Gun Safety Support Fund demanded that the Bureau of Alcohol , Tobacco , Firearms , and Explosives produce relevant records under the Freedom of Information Act .
Demurring , however , the ATF argued that Congress had specifically blocked access to the Firearms Trace @ @ @ @ @ @ @ a series of amendments to the Consolidated Appropriations Acts of 2005 , known as the Tiahrt Riders , first adopted in the early 2000s and updated in 2012 .
Last August , a federal judge in New York ’ s Southern District ordered the ATF to release records to Everytown , holding that the 2012 Tiahrt Rider did not offer exemption from Everytown ’ s FOIA request because it did not meet the requirements specified in the 2009 OPEN FOIA Act .
Reversing Wednesday , the Second Circuit ruled that the agency properly @ @ @ @ @ @ @ prior statute “ can not prevent a later-enacted statute from having effect.
” “ Ultimately the question before us is relatively straightforward : whether the 2012 Tiahrt Rider , either expressly or by implication , exempts FTS data from FOIA disclosure , ” U.S .
Circuit Judge Steven J. Menashi wrote for the court .
“ We conclude that it does.
” Menashi explains that , since “ Congress does not use the same words to accomplish the opposite objective , ” its intention was to reenact and strengthen its anti-disclosure language between @ @ @ @ @ @ @ Rider , the latter of which pertains to the case .
“ Accordingly , FTS data remains exempt from FOIA disclosure , and the district court erred in concluding otherwise , ” added Menashi , a Trump appointee .
Everytown is “ considering all our options ” after the ruling , the organization ’ s director of affirmative litigation , Alla Lefkowitz , noted .
“ The public has the right to access government data on gun violence , ” Lefkowitz said in an email Wednesday .
“ Today ’ s decision dramatically @ @ @ @ @ @ @ , which was passed precisely to ensure that the government would not keep information pertaining to favored industries secret.
” Lefkowitz also called the Wednesday ’ s ruling ” at odds with a Ninth Circuit decision issued just weeks ago in a suit raising nearly identical questions.
” That Dec. 3 decision held that the Center for Investigative Reporting is entitled to request weapon ownership records from ATF .
The court concluded that the 2012 Tiahrt Rider does not exempt FTS data because it was enacted after OPEN FOIA .
Menashi acknowledged the @ @ @ @ @ @ @ Ninth Circuit “ declined to consider , as we do here , whether ‘ the Tiahrt Amendment of 2012 must conform to an earlier statute — the OPEN FOIA Act of 2009 — to be effective.
’ ” Everytown made the FOIA request in December 2016 , requesting “ records related to traces of firearms used in suicide across several variables , including the length of time between purchase and use ; the type of gun used ; the state of use relative to state of purchase ; and whether the user was @ @ @ @ @ @ @ data on firearms , recovered by law enforcement and traced by the ATF , between 2012 and 2013 .
Saying the request was exempt from disclosure under FOIA ’ s Exemption ( b ) ( 3 ) statute , ATF rejected the request .
The Department of Justice ’ s Office of Information Policy upheld the rejection , clarifying that information was publicly available for two of the requested categories .
To access the remaining documents , Everytown filed suit in 2018 .
“ We need the best information available to work on @ @ @ @ @ @ @ and that includes suicide , ” Everytown attorney Eric Tirschwell said in a statement at the time .
“ The data we ’ re seeking is a potentially important missing piece for public health experts studying gun suicides , and we ’ ll do what it takes to make this important data public.
” Assistant U.S. Attorney Tomoko Onozawa , who represented the ATF , did not respond to a request for comment .
Wednesday ’ s decision was unanimous with U.S .
Circuit John M. Walker Jr. concurring .
Though he had @ @ @ @ @ @ @ , U.S .
Circuit Judge Ralph K. Winter Jr. died on Dec. 8 .
In the August ruling for Everytown , U.S. District Judge Alison J. Nathan determined that “ ATF has not carried its burden of identifying a qualifying Exemption 3 statute , ” and that fulfilling Everytown ’ s request would not require the agency to create new documents .
Judge Nathan noted that , according to ATF , it would take about an hour to access documents for each year of data requested , or two hours total .

The U.S. government need not release statistics on guns used in suicides or attempted suicides, the Second Circuit ruled Wednesday, reversing what had been a victory for gun-regulation advocates.
MANHATTAN (CN) — The U.S. government need not release statistics on guns used in suicides or attempted suicides, the Second Circuit ruled Wednesday, reversing what had been a victory for gun-regulation advocates.
Seeking such information as part of a push to curb gun violence in America, the group Everytown for Gun Safety Support Fund demanded that the Bureau of Alcohol, Tobacco, Firearms, and Explosives produce relevant records under the Freedom of Information Act.
Demurring, however, the ATF argued that Congress had specifically blocked access to the Firearms Trace System database. The move centered on a series of amendments to the Consolidated Appropriations Acts of 2005, known as the Tiahrt Riders, first adopted in the early 2000s and updated in 2012.
Last August, a federal judge in New York’s Southern District ordered the ATF to release records to Everytown, holding that the 2012 Tiahrt Rider did not offer exemption from Everytown’s FOIA request because it did not meet the requirements specified in the 2009 OPEN FOIA Act.
Reversing Wednesday, the Second Circuit ruled that the agency properly denied Everytown’s request because a prior statute “cannot prevent a later-enacted statute from having effect.”
“Ultimately the question before us is relatively straightforward: whether the 2012 Tiahrt Rider, either expressly or by implication, exempts FTS data from FOIA disclosure,” U.S. Circuit Judge Steven J. Menashi wrote for the court. “We conclude that it does.”
Menashi explains that, since “Congress does not use the same words to accomplish the opposite objective,” its intention was to reenact and strengthen its anti-disclosure language between 2009 and 2012 installments of the Tiahrt Rider, the latter of which pertains to the case.
“Accordingly, FTS data remains exempt from FOIA disclosure, and the district court erred in concluding otherwise,” added Menashi, a Trump appointee.
Everytown is "considering all our options" after the ruling, the organization’s director of affirmative litigation, Alla Lefkowitz, noted.
"The public has the right to access government data on gun violence," Lefkowitz said in an email Wednesday.
"Today’s decision dramatically weakens the OPEN FOIA Act of 2009, which was passed precisely to ensure that the government would not keep information pertaining to favored industries secret."
Lefkowitz also called the Wednesday's ruling " at odds with a Ninth Circuit decision issued just weeks ago in a suit raising nearly identical questions."
That Dec. 3 decision held that the Center for Investigative Reporting is entitled to request weapon ownership records from ATF. The court concluded that the 2012 Tiahrt Rider does not exempt FTS data because it was enacted after OPEN FOIA.
Menashi acknowledged the disagreement in several footnotes, saying the Ninth Circuit “declined to consider, as we do here, whether ‘the Tiahrt Amendment of 2012 must conform to an earlier statute — the OPEN FOIA Act of 2009 — to be effective.’”
Everytown made the FOIA request in December 2016, requesting “records related to traces of firearms used in suicide across several variables, including the length of time between purchase and use; the type of gun used; the state of use relative to state of purchase; and whether the user was the individual buyer.”
The request concerned data on firearms, recovered by law enforcement and traced by the ATF, between 2012 and 2013.
Saying the request was exempt from disclosure under FOIA’s Exemption (b)(3) statute, ATF rejected the request.
The Department of Justice's Office of Information Policy upheld the rejection, clarifying that information was publicly available for two of the requested categories. To access the remaining documents, Everytown filed suit in 2018.
“We need the best information available to work on policies to prevent American gun violence, and that includes suicide,” Everytown attorney Eric Tirschwell said in a statement at the time.
“The data we’re seeking is a potentially important missing piece for public health experts studying gun suicides, and we’ll do what it takes to make this important data public.”
Assistant U.S. Attorney Tomoko Onozawa, who represented the ATF, did not respond to a request for comment.
Wednesday’s decision was unanimous with U.S. Circuit John M. Walker Jr. concurring. Though he had heard arguments on the case in October, U.S. Circuit Judge Ralph K. Winter Jr. died on Dec. 8.
In the August ruling for Everytown, U.S. District Judge Alison J. Nathan determined that “ATF has not carried its burden of identifying a qualifying Exemption 3 statute,” and that fulfilling Everytown’s request would not require the agency to create new documents.
Judge Nathan noted that, according to ATF, it would take about an hour to access documents for each year of data requested, or two hours total.


courthousenews--2020-12-23--With Time Running Out, EU and UK Near Post-Brexit Trade Deal

BRUSSELS ( AP ) — European Union and British negotiators closed in on a trade deal Wednesday , raising hopes a chaotic economic break between the two sides on New Year ’ s Day could be averted , officials said .
After resolving a few remaining fair-competition issues , negotiators dealt last with EU fishing rights in U.K. waters as they worked to secure a deal for a post-Brexit relationship after nine months of talks .
Sources on both sides said the negotiations were in a final phase , with one EU official saying : “ I expect to see @ @ @ @ @ @ @ asked not to be identified because the talks were still ongoing .
The British government said an agreement might come as soon as Wednesday night , but it was not guaranteed .
Customs checks and some other barriers will be imposed under whatever circumstances on Jan. 1 , but a trade deal would avert the imposition of tariffs and duties that could cost both sides billions in trade and hundreds of thousands of jobs .
Britain withdrew from the EU on Jan. 31 , and an economic transition period expires on Dec. 31 @ @ @ @ @ @ @ always insisted the U.K. would “ prosper mightily ” even if no deal were reached and the U.K. had to trade with the EU on World Trade Organization terms .
But his government has acknowledged that a chaotic exit is likely to bring gridlock at Britain ’ s ports , temporary shortages of some goods and price increases for staple foods .
Tariffs will be applied to many U.K. exports , including 10 % on cars and more than 40 % on lamb , battering the U.K. economy as it struggles to rebound @ @ @ @ @ @ @ .
Rumors of a pre-Christmas trade deal surfaced in recent days based on progress on the outstanding issues beyond fishing .
However , some EU nations insisted that upon close scrutiny , Britain ’ s latest proposals on quotas for EU vessels in U.K. waters were far less conciliatory than first met the eye .
On Wednesday , the brokering on quotas and transition times for EU vessels to continue fishing in U.K. waters were in full swing , with progress reported from several sides .
In London , U.K .
Cabinet minister @ @ @ @ @ @ @ need to get those final issues resolved , and there ’ s some way further to go on that.
” He said he nonetheless felt optimistic .
The EU has long feared that Britain would undercut the bloc ’ s social , environmental and state aid rules to be able to gain an unfair edge with its exports to the EU .
Britain has said that having to meet EU rules would undercut its sovereignty .
On those issues , a compromise had been reached , a diplomat from an EU country said @ @ @ @ @ @ @ the Jan. 1 deadline , it ’ s unclear under what conditions trade would take place before a deal would eventually be approved .
Over the past few days , Johnson and EU Commission President Ursula von der Leyen have been drawn more and more into the talks and have been in contact by phone seeking to unblock negotiations .
Businesses on both sides are clamoring for a deal that would save tens of billions in costs .
A failure to reach a post-Brexit deal would lead to more chaos on Britain ’ @ @ @ @ @ @ @ start of 2021 , when new tariffs by both sides would add to other impediments to trade .
The border is already reeling from new restrictions placed on travelers from Britain into France and other EU countries due to a new coronavirus variant sweeping through London and southern England .
One U.K. minister said Wednesday that some 4,000 trucks were stuck in traffic jams near Dover , waiting for their drivers to get virus tests so they can enter the Eurotunnel to France .
While both sides would suffer economically from a failure @ @ @ @ @ @ @ economists think Britain would take a greater hit , at least in the near-term , as it ’ s relatively more reliant on trade with the EU than the other way around .
By RAF CASERT and JILL LAWLESS Associated Press

European Union and British negotiators closed in on a trade deal Wednesday, raising hopes a chaotic economic break between the two sides on New Year's Day could be averted, officials said.
BRUSSELS (AP) — European Union and British negotiators closed in on a trade deal Wednesday, raising hopes a chaotic economic break between the two sides on New Year's Day could be averted, officials said.
After resolving a few remaining fair-competition issues, negotiators dealt last with EU fishing rights in U.K. waters as they worked to secure a deal for a post-Brexit relationship after nine months of talks.
Sources on both sides said the negotiations were in a final phase, with one EU official saying: "I expect to see some white smoke tonight." The official asked not to be identified because the talks were still ongoing. The British government said an agreement might come as soon as Wednesday night, but it was not guaranteed.
Customs checks and some other barriers will be imposed under whatever circumstances on Jan. 1, but a trade deal would avert the imposition of tariffs and duties that could cost both sides billions in trade and hundreds of thousands of jobs. Britain withdrew from the EU on Jan. 31, and an economic transition period expires on Dec. 31.
British Prime Minister Boris Johnson has always insisted the U.K. would "prosper mightily" even if no deal were reached and the U.K. had to trade with the EU on World Trade Organization terms.
But his government has acknowledged that a chaotic exit is likely to bring gridlock at Britain's ports, temporary shortages of some goods and price increases for staple foods. Tariffs will be applied to many U.K. exports, including 10% on cars and more than 40% on lamb, battering the U.K. economy as it struggles to rebound from the impact of the coronavirus pandemic.
Rumors of a pre-Christmas trade deal surfaced in recent days based on progress on the outstanding issues beyond fishing. However, some EU nations insisted that upon close scrutiny, Britain's latest proposals on quotas for EU vessels in U.K. waters were far less conciliatory than first met the eye.
On Wednesday, the brokering on quotas and transition times for EU vessels to continue fishing in U.K. waters were in full swing, with progress reported from several sides.
In London, U.K. Cabinet minister Robert Jenrick said, "We will need to get those final issues resolved, and there's some way further to go on that." He said he nonetheless felt optimistic.
The EU has long feared that Britain would undercut the bloc's social, environmental and state aid rules to be able to gain an unfair edge with its exports to the EU. Britain has said that having to meet EU rules would undercut its sovereignty. On those issues, a compromise had been reached, a diplomat from an EU country said.
If both sides fail to meet the Jan. 1 deadline, it's unclear under what conditions trade would take place before a deal would eventually be approved.
Over the past few days, Johnson and EU Commission President Ursula von der Leyen have been drawn more and more into the talks and have been in contact by phone seeking to unblock negotiations.
Businesses on both sides are clamoring for a deal that would save tens of billions in costs. A failure to reach a post-Brexit deal would lead to more chaos on Britain's borders with the EU at the start of 2021, when new tariffs by both sides would add to other impediments to trade.
The border is already reeling from new restrictions placed on travelers from Britain into France and other EU countries due to a new coronavirus variant sweeping through London and southern England. One U.K. minister said Wednesday that some 4,000 trucks were stuck in traffic jams near Dover, waiting for their drivers to get virus tests so they can enter the Eurotunnel to France.
While both sides would suffer economically from a failure to secure a trade deal, most economists think Britain would take a greater hit, at least in the near-term, as it's relatively more reliant on trade with the EU than the other way around.
By RAF CASERT and JILL LAWLESS Associated Press