courthousenews--2020-06-23--New Yorkers Brave Pandemic to Head to Primary Polls

( CN ) — Over in New York City , Queens represented the worst-struck borough of the global epicenter of the coronavirus pandemic , but that did not prevent voters from turning out in droves to participate in the democratic process for an important primary election .
“ It ’ s way more voters today than expected , ” Robert Moretti , an election coordinator at the PS 234 elementary school , said in an interview Tuesday outside the poll site .
That observation does not factor in surging participation via mail .
The New York Board of Elections spokesman @ @ @ @ @ @ @ had been requested , a startling number consider that the last presidential primary in April 2016 brought out some 1.97 million participants .
The proud “ I VOTED !
” sticker on Moretti ’ s chest shows which option the election worker chose .
“ I purposely wanted to vote at the site because you vote by mail , it goes through a lot of hands , ” Moretti said .
“ Then , it has to go to the Board of Elections , where it will go through a lot of hands @ @ @ @ @ @ @ , as soon as it goes through the scanner , my vote is guaranteed.
” For all of the concerns about mail-in voting — anxieties exploited by politicians such as President Donald Trump — a study published by Stanford University this May shows that the effects of that manner of casting ballots is politically neutral .
For Carol-Marie Labozzetta , an educator and musician , nothing could beat the feeling of participating in an election at the poll site .
“ I did get the absentee ballot in the mail , and I @ @ @ @ @ @ @ a hands-on , ” Labozzetta said .
“ And these people were just lovely , and they were just very clean , and it was a beautiful process.
” Inside the polling station in the school ’ s basement , floor markings reminded voters to keep social distance , and voters observed the requirement to wear masks .
Sanitizer and face coverings were available to any upon request .
Though a fan of the in-person option , Labozzetta defended the right of others to choose their preferred method of voting .
“ Do @ @ @ @ @ @ @ she asked .
“ Absolutely , and I believe in November if people need to vote absentee , absolutely .
And that should not be suppressed at all.
” Unlike states like Oregon , New York does not have an explicit mail-in voting option , but the state expanded absentee voting by giving voters an option to obtain those ballots by citing fear of the virus .
Whatever method one votes , Labozzetta noted , now is a particularly consequential time to do so .
“ We have a nation in crisis for @ @ @ @ @ @ @ , climate control reasons , ” she said .
“ It ’ s more important than ever that we do get out and vote now.
” The pandemic also affected the race in another important way .
In every election , economic issues are extremely important , and that is especially true in a time of mass lockdowns and unemployment .
“ My opinion is the most important is the economy , ” said Mohinder Sen , an Astoria resident for more than 25 years .
“ This time is a very bad @ @ @ @ @ @ @ Maloney — long-serving Democrats at the helm of the House Foreign Affairs and Oversight Committees , respectively — are fighting for their political lives today after a combined total of more than half a century in office .
Both are facing challengers from their left .
As chairwoman of the House Oversight Committee , Maloney took over the seat vacated by the death of the late Congressman and civil rights legend Elijah Cummings last October .
Representing New York ’ s 12th district in northern Queens , Maloney ’ s seat is coveted @ @ @ @ @ @ @ about his association with former President Barack Obama and refusal to accept corporate money from political action committees .
Amid virus fears , Patel has used Maloney ’ s past questioning of the discredited link between vaccines and autism against her .
Maloney renounced those views two years ago .
But many Queens voters have a longstanding affinity for incumbent Maloney , who assumed office in 1993 .
“ I love Carolyn Maloney , ” Labozzetta said in her interview .
“ I decided that she needs to stay .
She needs to @ @ @ @ @ @ @ the two Democrats , Engel faces the stiffer challenge with Jamaal Bowman , a longtime middle school principal commonly likened to Congresswoman Alexandria Ocasio-Cortez as a person of color pushing the political establishment to its left .
Unlike most insurgent candidates , Bowman ’ s path to mainstream support for New York ’ s 18th Congressional District occurred at warp speed with a New York Times endorsement this month .
“ Certainly , Engel is facing a stiffer challenge that he has ever has before , ” Daniel DiSalvo , a professor at @ @ @ @ @ @ @ in a phone interview .
Also defending her seat in the 14th district of the Bronx , Ocasio-Cortez is widely expected to hold her office from a three-candidate challenge .
Thought to be leading the pack , CNBC contributor Michelle Caruso-Cabrera made the rounds on Wall Street to try to compete with an incumbent who raised nearly five times the haul through unprecedented grassroots organizing .
Right next door in the 15th District , a pro-Trump Democrat with a history of anti-gay and anti-abortion remarks has the lead .
The seat had been @ @ @ @ @ @ @ , whose Parkinson ’ s diagnosis pulled him out of contention this year , leaving Democrats anxious about his potential successor , New York City Councilman Rubén Díaz Sr. Díaz has characterized the City Council as a body “ controlled by the homosexual community ” and compared abortion to the Holocaust .
When he held a rally against same-sex marriage , his granddaughter organized a counterrally supporting LGBT rights across the street .
“ Partly the issue there is there ’ s so many candidates in the primary and Rubén Díaz obviously has @ @ @ @ @ @ @ in the Bronx , having held various offices in the past , ” DiSalvo noted , adding that the councilman “ is very well known , especially to seniors , who are more socially conservative and potentially closer to him on some of the controversial statements.
” As for the presidential primary , New Yorkers nearly were denied their choice after election authorities canceled the contest following Sanders ’ withdrawal from the race as Joe Biden ’ s only remaining challenger .
New York election authorities justified their decision on the coronavirus pandemic @ @ @ @ @ @ @ , Sanders pointedly added that he would continue to add delegates to change the Democratic party ’ s platform , and he joined a successful lawsuit filed by fellow candidate Andrew Yang to add their names back on the ballot .
The candidates won their challenge both in the trial court and on appeal .
Due to the high number of absentee ballots , the final results of the various races could be a matter of weeks .
Read Courthouse News ’ preview coverage of the New York primary race here , and @ @ @ @ @ @ @ the results of key races .

Over in New York City, Queens represented the worst-struck borough of the global epicenter of the coronavirus pandemic, but that did not prevent voters from turning out in droves to participate in the democratic process for an important primary election.
(CN) — Over in New York City, Queens represented the worst-struck borough of the global epicenter of the coronavirus pandemic, but that did not prevent voters from turning out in droves to participate in the democratic process for an important primary election.
“It’s way more voters today than expected,” Robert Moretti, an election coordinator at the PS 234 elementary school, said in an interview Tuesday outside the poll site.
That observation does not factor in surging participation via mail.
New York City election coordinator Robert Moretti stands outside P.S. 234, a poll site in Queens, on Tuesday, June 23. (Courthouse News photo/Adam Klasfeld)
The New York Board of Elections spokesman John Cochlan estimated 1.7 million absentee ballots had been requested, a startling number consider that the last presidential primary in April 2016 brought out some 1.97 million participants.
The proud “I VOTED!” sticker on Moretti’s chest shows which option the election worker chose.
“I purposely wanted to vote at the site because you vote by mail, it goes through a lot of hands,” Moretti said. “Then, it has to go to the Board of Elections, where it will go through a lot of hands. I vote here at the site, as soon as it goes through the scanner, my vote is guaranteed.”
For all of the concerns about mail-in voting — anxieties exploited by politicians such as President Donald Trump — a study published by Stanford University this May shows that the effects of that manner of casting ballots is politically neutral.
For Carol-Marie Labozzetta, an educator and musician, nothing could beat the feeling of participating in an election at the poll site.
“I did get the absentee ballot in the mail, and I contemplated that but there was nothing like a hands-on,” Labozzetta said. “And these people were just lovely, and they were just very clean, and it was a beautiful process.”
Heading to the room with voting booths in the basement of P.S. 234, a poll site in Queens, New York, stickers mark six feet apart for voters to keep a safe distance from each other on Tuesday, June 23. (Courthouse News photo/Adam Klasfeld)
Inside the polling station in the school’s basement, floor markings reminded voters to keep social distance, and voters observed the requirement to wear masks. Sanitizer and face coverings were available to any upon request.
Though a fan of the in-person option, Labozzetta defended the right of others to choose their preferred method of voting.
“Do I agree with mail-in voting?” she asked. “Absolutely, and I believe in November if people need to vote absentee, absolutely. And that should not be suppressed at all.”
Unlike states like Oregon, New York does not have an explicit mail-in voting option, but the state expanded absentee voting by giving voters an option to obtain those ballots by citing fear of the virus.
Whatever method one votes, Labozzetta noted, now is a particularly consequential time to do so.
“We have a nation in crisis for health reasons political reasons, economic reasons, climate control reasons,” she said. “It's more important than ever that we do get out and vote now.”
The pandemic also affected the race in another important way.
In every election, economic issues are extremely important, and that is especially true in a time of mass lockdowns and unemployment.
“My opinion is the most important is the economy,” said Mohinder Sen, an Astoria resident for more than 25 years. “This time is a very bad situation.”
This primary election represents a referendum on dramatic change.
Representatives Eliot Engel and Carolyn Maloney — long-serving Democrats at the helm of the House Foreign Affairs and Oversight Committees, respectively — are fighting for their political lives today after a combined total of more than half a century in office. Both are facing challengers from their left.
Rep. Carolyn Maloney, acting chair of the House Committee on Oversight and Reform, joined at left by Rep. Jerrold Nadler, chairman of the House Judiciary Committee, meet with reporters on Oct. 31, 2019, to discuss the next steps of the impeachment investigation of President Donald Trump. (AP Photo/J. Scott Applewhite, File)
As chairwoman of the House Oversight Committee, Maloney took over the seat vacated by the death of the late Congressman and civil rights legend Elijah Cummings last October. Representing New York’s 12th district in northern Queens, Maloney’s seat is coveted by Suraj Patel, a lawyer boasting about his association with former President Barack Obama and refusal to accept corporate money from political action committees.
Amid virus fears, Patel has used Maloney’s past questioning of the discredited link between vaccines and autism against her. Maloney renounced those views two years ago.
But many Queens voters have a longstanding affinity for incumbent Maloney, who assumed office in 1993.
“I love Carolyn Maloney,” Labozzetta said in her interview. “I decided that she needs to stay. She needs to have to have a voice.”
Of the two Democrats, Engel faces the stiffer challenge with Jamaal Bowman, a longtime middle school principal commonly likened to Congresswoman Alexandria Ocasio-Cortez as a person of color pushing the political establishment to its left. Unlike most insurgent candidates, Bowman’s path to mainstream support for New York’s 18th Congressional District occurred at warp speed with a New York Times endorsement this month.
“Certainly, Engel is facing a stiffer challenge that he has ever has before,” Daniel DiSalvo, a professor at City University of New York, commented in a phone interview.
Also defending her seat in the 14th district of the Bronx, Ocasio-Cortez is widely expected to hold her office from a three-candidate challenge. Thought to be leading the pack, CNBC contributor Michelle Caruso-Cabrera made the rounds on Wall Street to try to compete with an incumbent who raised nearly five times the haul through unprecedented grassroots organizing.
Democratic presidential candidate Sen. Bernie Sanders, I-Vt., hugs Rep. Alexandria Ocasio-Cortez, D-N.Y. during a campaign rally on Saturday, Oct. 19, 2019 in New York. (AP Photo/Eduardo Munoz Alvarez)
Right next door in the 15th District, a pro-Trump Democrat with a history of anti-gay and anti-abortion remarks has the lead.
The seat had been occupied since 1990 by Representative Jose Serrano, whose Parkinson’s diagnosis pulled him out of contention this year, leaving Democrats anxious about his potential successor, New York City Councilman Rubén Díaz Sr.
Díaz has characterized the City Council as a body “controlled by the homosexual community” and compared abortion to the Holocaust. When he held a rally against same-sex marriage, his granddaughter organized a counterrally supporting LGBT rights across the street.
“Partly the issue there is there’s so many candidates in the primary and Rubén Díaz obviously has the advantage of being a longtime politician in the Bronx, having held various offices in the past,” DiSalvo noted, adding that the councilman “is very well known, especially to seniors, who are more socially conservative and potentially closer to him on some of the controversial statements.”
As for the presidential primary, New Yorkers nearly were denied their choice after election authorities canceled the contest following Sanders’ withdrawal from the race as Joe Biden’s only remaining challenger. New York election authorities justified their decision on the coronavirus pandemic.
When dropping out of the race, Sanders pointedly added that he would continue to add delegates to change the Democratic party’s platform, and he joined a successful lawsuit filed by fellow candidate Andrew Yang to add their names back on the ballot. The candidates won their challenge both in the trial court and on appeal.
Due to the high number of absentee ballots, the final results of the various races could be a matter of weeks.
Read Courthouse News’ preview coverage of the New York primary race here, and look out for our ongoing coverage of the results of key races.


courthousenews--2020-06-23--LA City Councilman Snared in Federal Corruption Probe

LOS ANGELES ( CN ) — The ongoing corruption probe at Los Angeles City Hall has resulted in the arrest of Councilman Jose Huizar on Tuesday , nearly two years after his home and City Council office were raided by FBI agents .
Huizar , who represents portions of downtown Los Angeles , was arrested without incident Tuesday morning according to FBI spokeswoman Laura Eimiller .
In the last several weeks , the federal corruption probe at City Hall has resulted in multiple arrests in what federal prosecutors have described as a pay-to-play scheme to an unnamed sitting councilman .
@ @ @ @ @ @ @ unnamed councilman in the money-making scheme is Huizar , who was asked in recent weeks to stop voting on City Council matters when it became apparent he was a subject of the federal probe .
In March , former councilman Mitch Englander pleaded guilty to obstructing a federal probe of his actions .
Prosecutors say a real estate developer showered Englander with cash , trips and expensive meals .
In a separate plea agreement , Justin Jangwoo Kim — a 53-year-old real estate appraiser and political fundraiser — pleaded guilty to coordinating a @ @ @ @ @ @ @ a developer ’ s project .
Last month , real estate broker George Chiang pleaded guilty for his involvement in the pay-to-play scheme which prosecutors detailed in an indictment , which included a criminal enterprise perpetrated by an unnamed councilman .
The most recent indictment in the probe involved former Huizar aide George Esparza , who pleaded guilty to racketeering charges in a scheme to solicit and accept bribes on behalf of an unnamed councilman .
The complaint against Esparza described how the unnamed councilman ’ s relative received biweekly payments of about @ @ @ @ @ @ @ part of her employment where she did marketing and business development .
From July 2012 through January 2016 , the relative also received payments from a high school , totaling $ 150,000 as a fundraiser according to prosecutors .
And sometime in September 2018 , the relative announced she would run for her relative ’ s seat on the City Council .
Huizar will term out of office next year and his wife Richelle was set to run for his City Council seat before his offices and home were raided by federal agents @ @ @ @ @ @ @ pro Tempore of the California Senate , has since been elected to the position .
The U.S. Attorney ’ s Office in Los Angeles will provide update on Huizar ’ s arrest later on Tuesday .

The ongoing corruption probe at Los Angeles City Hall has resulted in the arrest of Councilman Jose Huizar on Tuesday, nearly two years after his home and City Council office were raided by FBI agents.
LOS ANGELES (CN) — The ongoing corruption probe at Los Angeles City Hall has resulted in the arrest of Councilman Jose Huizar on Tuesday, nearly two years after his home and City Council office were raided by FBI agents.
Huizar, who represents portions of downtown Los Angeles, was arrested without incident Tuesday morning, FBI spokeswoman Laura Eimiller said. He faces a federal racketeering charge, according to a criminal complaint dated June 22 and unsealed earlier on Tuesday.
U.S. Attorney for the Central District Nick Hanna said the ongoing corruption probe, codenamed “Casino Loyale,” began in 2015 when federal investigators saw Huizar exchanging large amounts of casino chips in Las Vegas. Huizar is the first sitting elected LA official to face federal racketeering charges, according to Hanna.
In the last several weeks, the federal corruption probe at City Hall has resulted in multiple arrests in what federal prosecutors have described as a pay-to-play scheme to an unnamed sitting councilman.
All previous indictments corroborate evidence that the unnamed councilman in the money-making scheme is Huizar, who was asked in recent weeks to stop voting on City Council matters when it became apparent he was a subject of the federal probe.
Huizar sat on the city’s Planning and Land Use Management (PLUM) Committee and — according to the criminal complaint — abused that position to solicit bribes from developers. Since 2005, Huizar has represented a council district that includes downtown LA and surrounding neighborhoods, including Boyle Heights where he lives with his wife and two children.
In the charging document against Huizar, prosecutors say “Individual 1” introduced Huizar in 2013 to a “Chairman E,” a Chinese billionaire developer who runs a multinational development firm and owns a hotel in downtown LA.
According to the complaint, the Chinese developer gave Huizar $600,000 in 2014 to help him settle a sexual harassment lawsuit filed by a former staffer due to concerns that details of the lawsuit could threaten Huizar’s 2015 re-election campaign.
Huizar won re-election and prosecutors say he continued to receive lavish bribes from developers who sought favorable votes from him, including luxurious trips on private jets, stays at casino villas and a trip to Australia.
The Chinese developer gave Huizar over $800,000 in benefits, according to prosecutors, who say Huizar’s favorable votes on the committees he sat on helped developers build a 35-story project in downtown that saved an unnamed company $14 million.
In March, former councilman Mitch Englander pleaded guilty to obstructing a federal probe of his actions. Prosecutors say a real estate developer showered Englander with cash, trips and expensive meals.
In a separate plea agreement, Justin Jangwoo Kim — a 53-year-old real estate appraiser and political fundraiser — pleaded guilty to coordinating a bribe for an unnamed councilman to advance a developer’s project.
Last month, real estate broker George Chiang pleaded guilty for his involvement in the pay-to-play scheme which prosecutors detailed in an indictment, which included a criminal enterprise perpetrated by an unnamed councilman.
The most recent indictment in the probe involved former Huizar aide George Esparza, who pleaded guilty to racketeering charges in a scheme to solicit and accept bribes on behalf of an unnamed councilman.
The complaint against Esparza described how the unnamed councilman’s relative received biweekly payments of about $2,500 from a law firm as part of her employment where she did marketing and business development.
In March 2017, a liquor box filled with $200,000 was delivered to Huizar’s home by Esparza, who took a photo on his phone of the money according to the charging document. The money was from an unnamed developer who gave the money to Kim to give to Esparza for a favorable vote from Huizar.
A photo from the affidavit showing a liquor box which prosecutors say was filled with a $200,000 bribe.
According to prosecutors, Huizar met with Esparza at his home and said he could keep $100,000, because Huizar expected a $400,000 bribe from the developer. Huizar told Esparza to hold onto the money until he asked for it.
But in December 2017, Huizar had trouble getting the money back and the two met at a private bathroom in City Hall, where Esparza told Huizar about being questioned by the FBI in the ongoing corruption probe. According to the affidavit, Huizar was recorded saying, “And secondly, um, look, uh, I have a lot of expenses now that with [Relative A-1] running, [Relative A-1]’s not going to be working anymore. I’m gonna need money. Um, that is mine, right? That is mine.”
Huizar attempted to get his share of the bribe in April and September 2018 and in a series of text messages to Esparza, who had left his post at City Hall, Huizar wanted to meet to make the exchange according to prosecutors.
In one text message to Esparza, Huizar wrote, “Each time comes up and u don’t want to meet at all? U want it all and that’s the real reason why you don’t want to meet and are using all kind of excuses. One more time, when are we going to meet?”
While Huizar’s relative who was going to run for political office is not named in the affidavit, the details in the charging documents point to his wife Richelle.
From July 2012 through January 2016, the relative also received payments from a high school, totaling $150,000 as a fundraiser according to prosecutors. And sometime in September 2018, the relative announced she would run for her relative’s seat on the City Council.
Huizar will term out of office next year and his wife Richelle was set to run for his City Council seat before his offices and home were raided by federal agents. Kevin de León, former president pro Tempore of the California Senate, has since been elected to the position.
Prosecutors say Huizar was interviewed by the U.S. Attorney’s Office and the FBI in April 2019 and denied receiving hundreds of thousands of dollars in bribes.
Huizar is also charged with instructing a special assistant to avoid bank reporting requirements, using family members to launder bribes, making false statements on bank loan application and failing to report those bribes on tax returns and ethics disclosure forms, along with lying to FB agents and attempting to influence other witnesses.
Huizar appeared before a U.S. magistrate judge Tuesday afternoon, who ordered him released on a $100,00 bond. He did not enter a plea, according to a Justice Department spokesperson
If convicted, the councilman faces 20 years in prison on the Racketeer Influenced and Corrupt Organizations Act charge.
In a statement, Council President Nury Martinez said the “horrendous and disgusting allegations leveled against him and others have painted a dark cloud over our city government for a long time now.”
She said her office has begun the process to remove Huizar from office.


courthousenews--2020-06-23--Kentucky Democrats Battle for Chance to Take on McConnell

Nearly 900,000 Kentuckians requested absentee ballots for the primary and at least 48,000 voted early .
COVINGTON , Ky. ( CN ) — A five-week delay and expansion of absentee voting will likely lead to record turnout Tuesday in Kentucky ’ s primary election , featuring Democratic frontrunner Amy McGrath squaring off against the surging Charles Booker to decide who will challenge incumbent Senator Mitch McConnell .
Kentucky Secretary of State Michael Adams has already announced that the number of absentee ballots received by county clerks would put turnout at around 30 % , a record for a primary in @ @ @ @ @ @ @ of polling places on Election Day has been dramatically reduced to help curb potential spread of Covid-19 , all registered voters were given the opportunity to vote via absentee ballot after an executive order was signed by Democratic Governor Andy Beshear in April .
The order not only postponed the primary election , but also required the state to send each registered voter a postcard with instructions for obtaining and returning their absentee ballot .
County clerks were instructed to allow early , in-person voting Monday through Friday in the two weeks leading @ @ @ @ @ @ @ of reducing large crowds at polling places and excessive wait times on Election Day .
Some counties have even allowed drive-thru voting to speed the process up and reduce the risk of workers and voters contracting Covid-19 .
A week before Tuesday ’ s primary , Secretary of State Adams reported that more than 889,000 Kentuckians had requested absentee ballots and over 48,000 had voted early in person .
The dramatic shift in how the election will operate hasn ’ t been the only source of turmoil in the primary election cycle , @ @ @ @ @ @ @ state lawmaker , has upended the race to determine the November challenger to McConnell , the Republican Senate majority leader .
Booker , a Louisville native , capitalized on the month-plus delay to garner support across the state and country as he galvanized his community in the wake of protests to support Black Lives Matter and to seek justice in the wake of the police killing of Breonna Taylor .
His meteoric rise has come at the expense of establishment favorite McGrath , long seen as the Democrats ’ best hope of ousting @ @ @ @ @ @ @ poll conducted June 13 to 15 by Civiqs gave Booker an eight-point advantage over the former fighter pilot , but also had McConnell garnering more than 50 % of the vote in November , regardless of his opposition .
In the same poll , of the 898 Kentuckians who responded , 59 % said they have an unfavorable view of McGrath , while just 33 % had a favorable view of Booker .
Campbell County , situated in the northernmost portion of the state and across the Ohio River from Cincinnati , had @ @ @ @ @ @ @ Day at the First Baptist Church in Cold Spring .
The polls opened at 6 a.m. , as a steady trickle of voters cast their ballots amid an early morning rain shower .
There were no lines outside the church , located in county with just over 93,000 residents , and voters were in and out of the building in less than five minutes .
It was a similar story in neighboring Kenton County , which had its only polling location at the Northern Kentucky Convention Center in Covington .
A poll worker @ @ @ @ @ @ @ was a line of voters when polls opened , but since that time , things had moved smoothly , and voters were taking less than five minutes to complete the process .
A pair of voters outside the convention center said they chose not to vote absentee because they knew they would be in Covington on Election Day , but that their elderly parents voted by mail because of concerns over Covid-19 .
While the massive number of absentee votes will do wonders for turnout numbers in Kentucky , there is a downside @ @ @ @ @ @ @ will likely not be available until June 30 .
Counties can begin reporting their results at 6 p.m. , but the two with the largest populations in the state , Jefferson and Franklin , have already told election officials they won ’ t make any results public until the end of the month .
The day before the primary , social media outlets were abuzz with allegations of voter suppression when it became known that Jefferson County – home to more than 766,000 Kentuckians – would have a single polling place .
However @ @ @ @ @ @ @ on Election Day showed little to no wait for voters , and Jefferson County is already expected to have record turnout because of the availability of absentee ballots .
Courthouse News will have continuing coverage of Tuesday ’ s Kentucky primary as results are reported when polls close at 6 p.m .

Grim forecasts of hours-long waits for Kentucky voters in the 2020 primary proved to be almost totally unfounded as the state’s foray into vote-by-mail was widely considered a success.
COVINGTON, Ky. (CN) — Rivals Amy McGrath and Charles Booker were locked in a tight race in the Democratic Senate primary in Kentucky Tuesday, and the victor is unlikely to be decided until next week due to the state's transition to mail-in voting during the Covid-19 pandemic.
With just over half of the Bluegrass State's precincts reporting their in-person vote totals, McGrath held an 8-point lead over Booker and received 44.6% of the vote compared to his 36.5%.
Vote totals for McGrath and Booker sat at 26,904 and 22,020, respectively, as of 12 a.m. Eastern time.
One of the Democrats will square off against Senate Majority Leader Mitch McConnell in November.
McConnell easily bested the five Republicans who challenged him in the primary, and with 53% of precincts reporting, he had garnered 80,147 votes, good for 87.3% of the total count.
As for the presidential primary, former Vice President Joe Biden secured victory with 33,728 votes, good for 57.1% of the vote, while President Donald Trump collected 86,382 votes on his way to receiving 93.7% of the total.
Kentucky’s foray into mail-in voting was primarily a success, despite gloomy predictions from national experts and celebrities alike in the hours leading up to Election Day.
Secretary of State Michael Adams tweeted a forecast of 32% participation, including mail-in ballots, which would set a record in the state for a primary election.
While the number of polling places on Election Day was dramatically reduced to help curb potential spread of Covid-19, all registered voters were given the opportunity to vote via absentee ballot after an executive order was signed by Democratic Governor Andy Beshear in April.
The order not only postponed the primary election, but also required the state to send each registered voter a postcard with instructions for obtaining and returning their absentee ballot.
Voters file into the Northern Kentucky Convention Center to cast their ballots in Covington, Ky., on Tuesday, June 23, 2020. (Courthouse News photo/Kevin Koeninger)
County clerks were instructed to allow early, in-person voting Monday through Friday in the two weeks leading up to the election as a means of reducing large crowds at polling places and excessive wait times on Election Day.
Some counties have even allowed drive-thru voting to speed the process up and reduce the risk of workers and voters contracting Covid-19.
A week before Tuesday’s primary, Secretary of State Adams reported that more than 889,000 Kentuckians had requested absentee ballots and over 48,000 had voted early in person.
National media predicted long wait times in Jefferson County, but the single polling location at the Kentucky Expo Center in Louisville was more than capable of handling the voters.
There was a rush immediately before polls closed at 6 p.m. to get inside the building, and Democratic U.S. Senate candidate Charles Booker successfully sued for an injunction to extend in-person voting by 30 minutes.
More than 100 people gathered outside and banged on the doors of the Expo Center after being locked out. After about 20 minutes, they were let in by election officials.
It was no surprise Booker fought to get as many voters into the building as possible, as he continues to ride a wave of momentum that has seen him overtake his opponent Amy McGrath in some recent polls.
Kentucky State Representative Charles Booker and his family. (Photo via Charles Booker for Senate)
Booker, a Louisville native, capitalized on the month-plus delay to garner support across the state and country as he galvanized his community in the wake of protests to support Black Lives Matter and to seek justice in the wake of the police killing of Breonna Taylor.
His meteoric rise has come at the expense of establishment favorite McGrath, long seen as the Democrats’ best hope of ousting U.S. Senate Majority Leader Mitch McConnell in the general election.
A poll conducted June 13 to 15 by Civiqs gave Booker an 8-point advantage over the former fighter pilot, but also had McConnell garnering more than 50% of the vote in November, regardless of his opposition.
In the same poll, of the 898 Kentuckians who responded, 59% said they have an unfavorable view of McGrath, while just 33% had a favorable view of Booker.
Absentee ballots were required to be postmarked by Election Day to be counted, and both Fayette and Jefferson counties — the state's two most populous — have already announced they will not release full results until June 30.
FILE - In This Oct. 12, 2018, file photo, Democratic presidential candidate former Vice President Joe Biden, right, stands on stage with then democratic congressional candidate Amy McGrath during a campaign event in Owingsville, Ky. Former Marine combat aviator Amy McGrath, who has raised more than $16 million in her Democratic bid to challenge Senate Majority Leader Mitch McConnell in November in Kentucky, is endorsing Joe Biden for president. (AP Photo/Bryan Woolston, File)
Campbell County, situated in the northernmost portion of the state and across the Ohio River from Cincinnati, had a single in-person polling place on Election Day at the First Baptist Church in Cold Spring.
The polls opened at 6 a.m., as a steady trickle of voters cast their ballots amid an early morning rain shower.
There were no lines outside the church, located in a county with just over 93,000 residents, and voters were in and out of the building in less than five minutes.
It was a similar story in neighboring Kenton County, which had its only polling location at the Northern Kentucky Convention Center in Covington.
A poll worker told Courthouse News at 11 a.m. there was a line of voters when polls opened, but since that time, things had moved smoothly, and voters were taking less than five minutes to complete the process.
A pair of voters outside the convention center said they chose not to vote absentee because they knew they would be in Covington on Election Day, but that their elderly parents voted by mail because of concerns over Covid-19.
While the massive number of absentee votes will do wonders for turnout numbers in Kentucky, there is a downside, as complete results of the primary will likely not be available until June 30.
Counties can begin reporting their results at 6 p.m., but the two with the largest populations in the state, Jefferson and Franklin, have already told election officials they won’t make any results public until the end of the month.
The day before the primary, social media outlets were abuzz with allegations of voter suppression when it became known that Jefferson County — home to more than 766,000 Kentuckians — would have a single polling place.
However, local media reports out of Louisville on Election Day showed little to no wait for voters, and Jefferson County is already expected to have record turnout because of the availability of absentee ballots.
Fayette County, home to Lexington and the University of Kentucky, was an outlier in terms of in-person voting success — seeing extended wait times that routinely stretched to more than an hour.
The county added more voting machines midway through Election Day, but it did little to speed up the process, and voters were still in line when polls closed.
Elsewhere, Republican Congressman Thomas Massie, who gained notoriety this year when he asked all members of Congress to return to Washington to vote on the Covid-19 stimulus bill, will be back on the ballot this November as he soundly defeated challenger Todd McMurtry. With 73% of precincts reporting, Massie received 14,462 votes, good for 88.2% of the total.
Courthouse News will continue to update this story as more results are reported.


courthousenews--2020-06-23--Can’t Tell the Lawsuits Without a Program

The 39 coronavirus-related lawsuits filed Monday bring to 2,628 the number of such lawsuits filed since March 1 in courts @ @ @ @ @ slightly more than the population of Alturas , Calif .

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.


Clean Water Act

TUCSON — The Pascua Yaqui Tribe and five other tribes across the nation sued U.S. EPA Administrator Andrew Wheeler and @ @ @ @ @ in federal court for changing the Navigable Waters and Repeal rules of the Clean Water @ @ @ @ @ the tribes .


Pipeline Pollution

AUSTIN , Texas — Landowners sued Permian Highway Pipeline and Kinder Morgan Texas Pipeline in federal court , claiming they @ @ @ @ @ drilling fluid containing at least seven different Class 1 probable human carcinogens into the aquifer @ @ @ @ @ ” and refuse to clean it up .


Reagan Materials

VENTURA , Calif. — The Ronald Reagan Presidential Foundation and Institute sued the Estate of Edmund Morris in Ventura County @ @ @ @ @ materials Morris used in his presidential biography , “ Dutch , ” and the estate @ @ @ @ @


Police Violence

SAN DIEGO — A woman sued La Mesa , Calif. , and its police department in San Diego County Court @ @ @ @ @ , the name of the police officer who shot her between the eyes with a @ @ @ @ @ blinding her in one eye and fracturing her face .


courthousenews--2020-06-23--Defense Team in Plane-Crash Trial Points Finger at Ukraine

Doubting the conclusion that the jet was shot down by Ukrainian separatists using a surface-to-air missile , lawyers for one defendant argued at least three other scenarios are possible .
AMSTERDAM ( CN ) — Defense lawyers in the Netherlands trial over the MH17 plane crash called the investigation into the downing of the passenger jet worrying and suggested it might have been manipulated by Ukraine .
The Dutch defense team for one of the four men charged in the case wrapped up its requests Tuesday for further investigation into what happened to Malaysia Airlines Flight 17 , or MH17 @ @ @ @ @ @ @ in 2014 .
“ We must conclude that the [ Joint Investigation Team ’ s ] calculations must be based on false information and use a method without factual underpinnings , ” said Sabine ten Doesschate , referring to the estimation of the location of a Buk-TELAR missile launcher when , according to the prosecution , it shot down the passenger airplane .
Ten Doesschate is representing Oleg Pulatov , an ex-lieutenant colonel in the Russian armed forces who has been charged with 298 counts of murder before The Hague District Court .
@ @ @ @ @ @ @ – Igor Girkin and Sergei Dubinsky – and one Ukrainian man , Leonid Kharchenko , are all being tried in absentia .
Hearings resumed on Monday , with the defense casting doubts on the prosecution ’ s stance that the only explanation for the tragedy was that the Boeing 737 was shot down while flying over separatist-held territory .
Months before the tragedy , Russia annexed Crimea , a peninsula extending from Ukraine ’ s southern coast , following the overthrow of the pro-Russian government in the Eastern European country .
Russia has @ @ @ @ @ @ @ of MH17 .
The defense argued at least three other scenarios are possible : the plane was shot down by a Ukrainian fighter jet , it was shot by a Buk or another surface-to-air missile launcher by the Ukrainian military , or Ukraine used MH17 as a human shield .
All of these scenarios have been backed at various points by the Kremlin .
Ten Doesschate took the allegations that the defense is giving credence to conspiracy theories head on .
“ It is the job of the defense to look critically at @ @ @ @ @ @ @ ” she said .
That case file , argued fellow defense lawyer Boudewijn van Eijck , is poorly organized and lacks a sufficient overview , which he called a “ hindrance ” to moving forward to a trial on the merits .
The lawyer also targeted Ukrainian prosecutors who were dismissed for corruption in 2016 , following pressure from the United States .
President Donald Trump called for an inquiry into those departures , as part of a phone call with Ukrainian President Volodymyr Zelensky that led to his impeachment .
Van Eijck @ @ @ @ @ @ @ well as an inquiry into whether the former prosecutors “ tampered with evidence ” in the MH17 case .
The Dutch legal system is an inquisitorial system , where the court is involved in the investigation of the crime , as opposed to the U.S. adversarial system , where two sides present competing evidence before an impartial judge or jury .
The Netherlands has taken on the prosecution in part because a majority of the victims were Dutch .
Proceedings are being held in the high-security Schiphol Judicial Complex near the airport in @ @ @ @ @ @ @ when the three-person public prosecution team responds to the requests by the defense .

Defense lawyers in the Netherlands trial over the MH17 plane crash called the investigation into the downing of the passenger jet worrying and suggested it might have been manipulated by Ukraine.
AMSTERDAM (CN) — Defense lawyers in the Netherlands trial over the MH17 plane crash called the investigation into the downing of the passenger jet worrying and suggested it might have been manipulated by Ukraine.
The Dutch defense team for one of the four men charged in the case wrapped up its requests Tuesday for further investigation into what happened to Malaysia Airlines Flight 17, or MH17, as it flew over eastern Ukraine in 2014.
"We must conclude that the [Joint Investigation Team’s] calculations must be based on false information and use a method without factual underpinnings," said Sabine ten Doesschate, referring to the estimation of the location of a Buk-TELAR missile launcher when, according to the prosecution, it shot down the passenger airplane.
FILE - In this Thursday, July 17, 2014 file photo, a man walks amongst the debris at the crash site of a passenger plane near the village of Hrabove, Ukraine. An international team of investigators building a criminal case against those responsible in the downing of Malaysia Airlines Flight 17 is set to announce progress in the probe on Wednesday June 19, 2019, nearly five years after the plane was blown out of the sky above conflict-torn eastern Ukraine. (AP Photo/Dmitry Lovetsky, File)
Ten Doesschate is representing Oleg Pulatov, an ex-lieutenant colonel in the Russian armed forces who has been charged with 298 counts of murder before The Hague District Court. His co-defendants, two other Russian men – Igor Girkin and Sergei Dubinsky – and one Ukrainian man, Leonid Kharchenko, are all being tried in absentia.
Hearings resumed on Monday, with the defense casting doubts on the prosecution's stance that the only explanation for the tragedy was that the Boeing 737 was shot down while flying over separatist-held territory. Months before the tragedy, Russia annexed Crimea, a peninsula extending from Ukraine’s southern coast, following the overthrow of the pro-Russian government in the Eastern European country. Russia has strongly denied any involvement in the downing of MH17.
The defense argued at least three other scenarios are possible: the plane was shot down by a Ukrainian fighter jet, it was shot by a Buk or another surface-to-air missile launcher by the Ukrainian military, or Ukraine used MH17 as a human shield. All of these scenarios have been backed at various points by the Kremlin.
Ten Doesschate took the allegations that the defense is giving credence to conspiracy theories head on.
"It is the job of the defense to look critically at the evidence in the case file," she said.
That case file, argued fellow defense lawyer Boudewijn van Eijck, is poorly organized and lacks a sufficient overview, which he called a “hindrance” to moving forward to a trial on the merits.
The lawyer also targeted Ukrainian prosecutors who were dismissed for corruption in 2016, following pressure from the United States. President Donald Trump called for an inquiry into those departures, as part of a phone call with Ukrainian President Volodymyr Zelensky that led to his impeachment.
Van Eijck wants the prosecutors’ dismissals investigated as well as an inquiry into whether the former prosecutors "tampered with evidence” in the MH17 case.
The Dutch legal system is an inquisitorial system, where the court is involved in the investigation of the crime, as opposed to the U.S. adversarial system, where two sides present competing evidence before an impartial judge or jury.
The Netherlands has taken on the prosecution in part because a majority of the victims were Dutch. Proceedings are being held in the high-security Schiphol Judicial Complex near the airport in Amsterdam.
Hearings will resume Friday morning when the three-person public prosecution team responds to the requests by the defense.


courthousenews--2020-06-23--Trump Goes 180 After Trade Adviser Stokes Investor Fears on China

Tensions with China again have taken the forefront of investors ’ minds over the Covid-19 pandemic , with conflicting statements from the Trump administration whipsawing markets .
MANHATTAN ( CN ) — Markets looked poised for a down day Monday night after comments from a leading White House official that the U.S.-China trade deal was dead , but they recovered after President Trump assured it was not .
The Dow Jones Industrial Average opened on Tuesday to a 230-point gain , with the S & P 500 and Nasdaq trailing closely behind .
Investors were temporarily rattled Monday evening when @ @ @ @ @ @ @ on Fox News that the recent trade deal with China was finished .
Under first phase of the trade deal , China agreed to purchase an additional $ 200 billion in U.S. agricultural products and other items in exchange for lower U.S. tariffs .
The second phase of the deal , considered its stickier half , concerns cyber theft .
Calling into question whether the deal is a dead duck , however , are the economic slowdown brought about by the Covid-19 pandemic , as well as rising political tensions between the two @ @ @ @ @ @ @ hang on to this trade deal as much as possible … but given everything that ’ s happened and all the things you just listed , is that over ?
” Fox host Martha McCallum asked Navarro on Monday during an exchange over Chinese concentration camps and information warfare .
“ Here ’ s , I think , the turning point , ” he continued .
“ They came here on January 15th to sign that trade deal , and that was a full two months after they knew the virus was out @ @ @ @ @ @ @ when they had already sent hundreds of thousands of people to this country to spread that virus , and it was just minutes after wheels up when that plane took off that we began to hear about this pandemic.
” Navarro is a particularly hardline hawk on China , and he has repeatedly blamed China for the creation and spread of Covid-19 — hinting it was biowarfare gone wrong from the communist regime .
“ A bill has to come due for China ” over its handling of the pandemic , Navarro said @ @ @ @ @ @ @ major U.S. exchanges dropped sharply after Navarro ’ s comments only to recover once the president clarified Phase 1 was not over .
Markets in Asia had a rocky outing but ended the day slightly up , with Hong Kong ’ s index leading with a 1.6 % gain .
“ The China Trade Deal is fully intact , ” President Trump tweeted later Monday evening after stock futures began to drop .
“ Hopefully they will continue to live up to the terms of the Agreement !
” Navarro later said that @ @ @ @ @ @ @ out of context ” and that he was not referring to the Phase 1 trade deal .
“ I was simply speaking to the lack of trust we now have of the Chinese Communist Party after they lied about the origins of the China virus and foisted a pandemic upon the world.
” Wall Street has been whipsawed by conflicting statements out of the administration regarding the trade deal .
The president said in May that he “ lost a little flavor ” for the trade deal and wrote on Twitter that “ @ @ @ @ @ @ @ up the difference ” for the tens of thousands of lives lost due to the pandemic .
But key trade and economic advisers to the president have repeatedly said the deal was not dead .
Larry Kudlow , director of the National Economic Council , has repeatedly said the trade deal was “ going well.
” Last week U.S. Trade Representative Robert Lighthizer testified to the Senate that China had purchased $ 1 billion worth of cotton from the United States .
“ I expect them to live up to the agreement , @ @ @ @ @ @ @ “ They have indicated they will.
” The potential for a new U.S.-China trade war has damaged markets , sometimes eclipsing the economic collapse and death toll from the pandemic .
Markets fell after Beijing announced a new national security rule in Hong Kong that threatened the city ’ s autonomy .
Investors have since worried that China would not be able to hold up its end of the deal under the Phase One deal .

Tensions with China again have taken the forefront of investors’ minds over the Covid-19 pandemic, with conflicting statements from the Trump administration whipsawing markets.
MANHATTAN (CN) — Markets looked poised for a down day Monday night after comments from a leading White House official that the U.S.-China trade deal was dead, but they recovered after President Trump assured it was not.
The Dow Jones Industrial Average opened on Tuesday to a 230-point gain, with the S&P 500 and Nasdaq trailing closely behind.
Investors were temporarily rattled Monday evening when White House trade adviser Peter Navarro said on Fox News that the recent trade deal with China was finished.
Under first phase of the trade deal, China agreed to purchase an additional $200 billion in U.S. agricultural products and other items in exchange for lower U.S. tariffs. The second phase of the deal, considered its stickier half, concerns cyber theft.
Calling into question whether the deal is a dead duck, however, are the economic slowdown brought about by the Covid-19 pandemic, as well as rising political tensions between the two countries.
“Obviously really wanted to hang on to this trade deal as much as possible … but given everything that’s happened and all the things you just listed, is that over?” Fox host Martha McCallum asked Navarro on Monday during an exchange over Chinese concentration camps and information warfare.
“It’s over, yes,” Navarro replied.
“Here’s, I think, the turning point,” he continued. “They came here on January 15th to sign that trade deal, and that was a full two months after they knew the virus was out and about. It was a time when they had already sent hundreds of thousands of people to this country to spread that virus, and it was just minutes after wheels up when that plane took off that we began to hear about this pandemic.”
Navarro is a particularly hardline hawk on China, and he has repeatedly blamed China for the creation and spread of Covid-19 — hinting it was biowarfare gone wrong from the communist regime. “A bill has to come due for China” over its handling of the pandemic, Navarro said last month.
Futures in the three major U.S. exchanges dropped sharply after Navarro’s comments only to recover once the president clarified Phase 1 was not over.
Markets in Asia had a rocky outing but ended the day slightly up, with Hong Kong’s index leading with a 1.6% gain.
“The China Trade Deal is fully intact,” President Trump tweeted later Monday evening after stock futures began to drop. “Hopefully they will continue to live up to the terms of the Agreement!”
Navarro later said that his comments had been taken “wildly out of context” and that he was not referring to the Phase 1 trade deal. “I was simply speaking to the lack of trust we now have of the Chinese Communist Party after they lied about the origins of the China virus and foisted a pandemic upon the world.”
Wall Street has been whipsawed by conflicting statements out of the administration regarding the trade deal.
The president said in May that he “lost a little flavor” for the trade deal and wrote on Twitter that “100 Trade Deals wouldn’t make up the difference” for the tens of thousands of lives lost due to the pandemic.
But key trade and economic advisers to the president have repeatedly said the deal was not dead. Larry Kudlow, director of the National Economic Council, has repeatedly said the trade deal was “going well.”
Last week U.S. Trade Representative Robert Lighthizer testified to the Senate that China had purchased $1 billion worth of cotton from the United States. “I expect them to live up to the agreement,” he said during his testimony. “They have indicated they will.”
The potential for a new U.S.-China trade war has damaged markets, sometimes eclipsing the economic collapse and death toll from the pandemic. Markets fell after Beijing announced a new national security rule in Hong Kong that threatened the city’s autonomy. Investors have since worried that China would not be able to hold up its end of the deal under the Phase One deal.


courthousenews--2020-06-24--San Francisco OKs Process to Open Safe Injection Sites

SAN FRANCISCO ( CN ) — San Francisco is one step closer to opening one of the nation ’ s first safe injection sites after the Board of Supervisors on Tuesday approved a law that will permit nonprofits to operate facilities where people can inject illegal drugs under medical supervision .
“ What we are doing today is not a new or radical idea , ” said Supervisor Matt Haney , who represents the city ’ s Tenderloin neighborhood .
“ One hundred overdose prevention sites exist in 65 cities across the world .
They have gotten thousands of people @ @ @ @ @ @ @ approved the legislation , which was cosponsored by Haney and Mayor London Breed .
Despite local approval , legal obstacles could delay the opening of a safe injection site for some time .
The Trump administration has opposed such sites , arguing they violate federal law .
Approval by state lawmakers could strengthen the city ’ s position against a legal challenge .
Assembly Bill 362 , co-written by State Sen. Scott Wiener of San Francisco , would authorize the city to open a safe injection site .
The Assembly passed the bill @ @ @ @ @ @ @ permits to nonprofits that want to operate safe injection sites in the city — last year , but it has yet to be approved by the state Senate .
An estimated 24,500 people inject drugs in San Francisco , according to the city ’ s Public Health Department .
Most of those people reside in the city ’ s Tenderloin , South of Market and Mission neighborhoods .
The city saw a major spike in fatal overdoses last year , reporting 290 deaths involving fentanyl , heroin or a combination of the two @ @ @ @ @ @ @ the 134 fentanyl or heroin-involved overdose deaths reported in 2018 .
Laura Thomas , director of harm reduction policy at the San Francisco AIDS Foundation , says San Francisco needs a safe injection site to help combat a rising rate of overdose deaths .
“ For anyone who has spent much time in San Francisco , the drug use in public and discarded syringes are obvious to everyone here , ” Thomas said .
“ We know that these services can save lives and can improve the health of neighborhoods and communities.
” @ @ @ @ @ @ @ in 10 countries , including Australia , Canada and Germany , according to the Drug Policy Alliance .
Studies show such sites have effectively lowered overdose deaths , ambulance calls and HIV infections .
“ What personal experience and evidence shows is these actually encourage people to get treatment and stop using drugs , ” Thomas said .
“ That ’ s why treatment providers at a local and state level are supporting these programs.
” Still , some groups have argued that safe injection sites “ create a haven for the use @ @ @ @ @ @ @ a blind eye ” to concerns that drove Congress to enact a law prohibiting the operation of facilities where illegal drugs are used .
A 2016 cost-benefit analysis found a 13-booth safe injection site could save San Francisco $ 3.5 million per year , mostly by reducing health care costs .
Researchers found it would result in 415 fewer hospital stays , 19 fewer hepatitis C cases and 3.3 fewer HIV cases per year .
Additionally , the study found the site would save one life every four years and steer 110 people @ @ @ @ @ @ @ A poll conducted last year found broad support for a safe injection site in San Francisco with 77 % of city residents in favor of opening such a facility .
The Trump administration maintains that safe injection sites violate a provision of the federal Controlled Substances Act known as the crack-house statute that punishes parties who knowingly maintain a place “ for the purpose of manufacturing , distributing , or using controlled substances ” with up to 20 years in prison .
Last year , the Trump administration sued to block Philadelphia from @ @ @ @ @ @ @ injection site .
A federal judge found the law did not apply to facilities “ that are components of medical efforts to facilitate drug treatment , ” but the ruling was stayed pending appeal .
A potential legal challenge by the federal government is one reason why advocates are pushing for state legislation that would make a safe injection site legal under California law .
“ That puts us in the same situation as marijuana , which is legal under state law but not under federal law as it is in many other @ @ @ @ @ @

San Francisco is one step closer to opening one of the nation’s first safe injection sites after the Board of Supervisors on Tuesday approved a law that will permit nonprofits to operate facilities where people can inject illegal drugs under medical supervision.
SAN FRANCISCO (CN) — San Francisco is one step closer to opening one of the nation’s first safe-injection sites after the Board of Supervisors on Tuesday approved a law that will permit nonprofits to operate facilities where people can inject illegal drugs under medical supervision.
“What we are doing today is not a new or radical idea,” said Supervisor Matt Haney, who represents the city’s Tenderloin neighborhood. “One hundred overdose-prevention sites exist in 65 cities across the world. They have gotten thousands of people into detox services.”
The board unanimously approved the legislation, which was co-sponsored by Haney and Mayor London Breed. The ordinance creates a system for issuing permits to nonprofits that want to operate safe-injection sites in the city.
Despite local approval, legal obstacles could delay the opening of a safe injection site for some time. The Trump administration has opposed such sites, arguing they violate federal law. Approval by state lawmakers could strengthen the city’s position against a legal challenge.
Assembly Bill 362, co-written by State Sen. Scott Wiener of San Francisco, would authorize the city to open a safe-injection site. The Assembly passed the bill last year but it has yet to be approved by the state Senate.
An estimated 24,500 people inject drugs in San Francisco, according to the city’s Public Health Department. Most of those people reside in the city’s Tenderloin, South of Market and Mission neighborhoods.
The city saw a major spike in fatal overdoses last year, reporting 290 deaths involving fentanyl, heroin or a combination of the two. That’s more than double the 134 fentanyl or heroin-involved overdose deaths reported in 2018.
Laura Thomas, director of harm reduction policy at the San Francisco AIDS Foundation, says San Francisco needs a safe injection site to help combat a rising rate of overdose deaths.
“For anyone who has spent much time in San Francisco, the drug use in public and discarded syringes are obvious to everyone here,” Thomas said. “We know that these services can save lives and can improve the health of neighborhoods and communities.”
Approximately 120 safe-injection sites currently operate in 10 countries, including Australia, Canada and Germany, according to the Drug Policy Alliance. Studies show such sites have effectively lowered overdose deaths, ambulance calls and HIV infections.
“What personal experience and evidence shows is these actually encourage people to get treatment and stop using drugs,” Thomas said. “That’s why treatment providers at a local and state level are supporting these programs.”
Still, some groups have argued that safe-injection sites “create a haven for the use of illegal drugs” and “turn a blind eye” to concerns that drove Congress to enact a law prohibiting the operation of facilities where illegal drugs are used.
A 2016 cost-benefit analysis found a 13-booth safe-injection site could save San Francisco $3.5 million per year, mostly by reducing health care costs. Researchers found it would result in 415 fewer hospital stays, 19 fewer hepatitis C cases and 3.3 fewer HIV cases per year. Additionally, the study found the site would save one life every four years and steer 110 people into drug-dependency treatment each year.
A poll conducted last year found broad support for a safe-injection site in San Francisco with 77% of city residents in favor of opening such a facility.
The Trump administration maintains that safe-injection sites violate a provision of the federal Controlled Substances Act known as the crack-house statute that punishes parties who knowingly maintain a place “for the purpose of manufacturing, distributing, or using controlled substances” with up to 20 years in prison.
Last year, the Trump administration sued to block Philadelphia from opening the nation’s first safe-injection site. A federal judge found the law did not apply to facilities “that are components of medical efforts to facilitate drug treatment,” but the ruling was stayed pending appeal.
A potential legal challenge by the federal government is one reason why advocates are pushing for state legislation that would make a safe-injection site legal under California law.
“That puts us in the same situation as marijuana, which is legal under state law but not under federal law as it is in many other states,” Thomas said.


courthousenews--2020-06-24--Georgia Legislature Passes Bipartisan Hate Crimes Bill

ATLANTA ( CN ) — Georgia lawmakers approved a new hate crimes bill Tuesday afternoon that , if signed by Republican Governor Brian Kemp , would finally add the Peach State to a list of 46 other states with hate crimes legislation currently on their books .
House Bill 426 would mandate additional sentencing penalties for defendants convicted of targeting a victim based on their color , religion , race , national origin , sex , sexual orientation , gender , or physical or mental disability .
Georgia ’ s previous hate crimes law was struck down as “ unconstitutionally @ @ @ @ @ @ @ Supreme Court .
The bill passed the Georgia House in March 2019 but stalled in committee .
It was finally approved Tuesday by the Georgia Senate in a 47-6 vote , followed by a 127-38 House vote .
The new law would require that defendants who are proven to have committed a hate crime face an additional six to 12 months imprisonment for a misdemeanor or more than two years for a felony .
The bill also requires law enforcement to track instances of hate crimes in a database .
An amendment added @ @ @ @ @ @ @ that would have extended hate crime protections to police and first responders was stricken in a compromise with Democrats .
Some protections for law enforcement instead were included in House Bill 838 , which also passed Tuesday .
H.B .
838 mandates additional punishments for offenders who commit hate crimes against police , first responders , and firefighters based on their jobs .
A spokeswoman for Gov .
Kemp said he “ commends the General Assembly ’ s bipartisan work ” and plans to sign H.B .
426 “ pending legal review.
” @ @ @ @ @ @ @ after a video of the shooting death of Ahmaud Arbery , a 25-year-old black man who was killed by armed white men while jogging on Feb. 23 , went viral in May .
During a hearing earlier this month , an investigator in the Arbery case testified that one of Arbery ’ s accused killers uttered a racial slur after shooting him .
The public outcry about racial injustice that followed Arbery ’ s death increased after protests began in the wake of George Floyd ’ s death in police custody in Minneapolis @ @ @ @ @ @ @ injustice have continued across the state and throughout the country for four weeks .
Tensions escalated again in Georgia after the death of Rayshard Brooks , an unarmed black man who was shot and killed during a confrontation with two white police officers outside a Wendy ’ s restaurant in Atlanta .
The bill ’ s passage came on the same day mourners packed the pews at Ebenezer Baptist Church in Atlanta for Brooks ’ funeral .
Arbery ’ s mother , Wanda Cooper-Jones , expressed her approval of the bill ’ s @ @ @ @ @ @ @ Georgia NAACP .
“ My family thanks everyone for not letting my son ’ s death be in vain .
I know he is still with us and this law is evidence of that and I look forward to being present when it is signed , ” Cooper-Jones said .
The Democratic Party of Georgia applauded the “ tireless work from advocates across Georgia ” in pushing the bill forward but remained critical of lawmakers ’ slow steps toward criminal justice reform .
“ We are thrilled that this law has finally passed @ @ @ @ @ @ @ ’ s be clear : we will not forget that this bill only came to light after 14 years of delays under Republican leadership , the murder of black men before our eyes , and the pain of marginalized communities across our state , ” Democratic Party of Georgia Chairwoman Nikema Williams said .

Georgia lawmakers approved a new hate crimes bill Tuesday afternoon that, if signed by Republican Governor Brian Kemp, would finally add the Peach State to a list of 46 other states with hate crimes legislation currently on their books.
ATLANTA (CN) — Georgia lawmakers approved a new hate crimes bill Tuesday afternoon that, if signed by Republican Governor Brian Kemp, would finally add the Peach State to a list of 46 other states with hate crimes legislation currently on their books.
House Bill 426 would mandate additional sentencing penalties for defendants convicted of targeting a victim based on their color, religion, race, national origin, sex, sexual orientation, gender, or physical or mental disability.
Georgia’s previous hate crimes law was struck down as “unconstitutionally vague” in 2004 by the state Supreme Court.
The bill passed the Georgia House in March 2019 but stalled in committee. It was finally approved Tuesday by the Georgia Senate in a 47-6 vote, followed by a 127-38 House vote.
The new law would require that defendants who are proven to have committed a hate crime face an additional six to 12 months imprisonment for a misdemeanor or more than two years for a felony. The bill also requires law enforcement to track instances of hate crimes in a database.
An amendment added to the bill by state Senate Republicans that would have extended hate crime protections to police and first responders was stricken in a compromise with Democrats. Some protections for law enforcement instead were included in House Bill 838, which also passed Tuesday.
H.B. 838 mandates additional punishments for offenders who commit hate crimes against police, first responders, and firefighters based on their jobs.
A spokeswoman for Gov. Kemp said he “commends the General Assembly’s bipartisan work” and plans to sign H.B. 426 “pending legal review.”
There was renewed interest in the bill after a video of the shooting death of Ahmaud Arbery, a 25-year-old black man who was killed by armed white men while jogging on Feb. 23, went viral in May.
During a hearing earlier this month, an investigator in the Arbery case testified that one of Arbery’s accused killers uttered a racial slur after shooting him.
The public outcry about racial injustice that followed Arbery’s death increased after protests began in the wake of George Floyd’s death in police custody in Minneapolis. Protests against police brutality and racial injustice have continued across the state and throughout the country for four weeks.
Tensions escalated again in Georgia after the death of Rayshard Brooks, an unarmed black man who was shot and killed during a confrontation with two white police officers outside a Wendy’s restaurant in Atlanta.
The bill’s passage came on the same day mourners packed the pews at Ebenezer Baptist Church in Atlanta for Brooks’ funeral.
Arbery’s mother, Wanda Cooper-Jones, expressed her approval of the bill’s passage in a statement released by the Georgia NAACP.
“My family thanks everyone for not letting my son's death be in vain. I know he is still with us and this law is evidence of that and I look forward to being present when it is signed," Cooper-Jones said.
The Democratic Party of Georgia applauded the “tireless work from advocates across Georgia” in pushing the bill forward but remained critical of lawmakers’ slow steps toward criminal justice reform.
“We are thrilled that this law has finally passed after years of advocacy, but let’s be clear: we will not forget that this bill only came to light after 14 years of delays under Republican leadership, the murder of black men before our eyes, and the pain of marginalized communities across our state,” Democratic Party of Georgia Chairwoman Nikema Williams said.


courthousenews--2020-06-23--Prosecutor to Tell of High-Level Pressure to Go Easy on Roger Stone

WASHINGTON ( CN ) — Roger Stone made his latest play to avoid prison time Monday , just after explosive testimony from a federal prosecutor went public revealing deep and unprecedented political entanglements in the criminal case of the president ’ s longtime ally .
“ I have never seen political influence play any role in prosecutorial decision making .
With one exception : United States v. Roger Stone , ” assistant U.S. attorney Aaron Zelinsky said in written testimony released Tuesday .
Stone is set to report to prison at the end of the month but filed a motion @ @ @ @ @ @ @ requesting to push the deadline off until September , citing underlying medical conditions that his attorneys claim make exposure to the novel coronavirus life-threatening .
Just hours before , the House Judiciary Committee revealed Zelinsky will testify Wednesday , one of two “ whistleblowers ” the panel will hear from .
Currently a prosecutor in the Maryland U.S. Attorney ’ s Office , Zelinsky was one of four prosecutors who stepped down from the Stone case over internal pressure to recommend a lighter sentence .
The prosecutor plans to testify that he repeatedly @ @ @ @ @ @ @ GOP consultant and self-proclaimed “ dirty trickster ” — received differential treatment based on his relationship with Trump .
“ I was told that the Acting U.S. Attorney for the District of Columbia , Timothy Shea , was receiving heavy pressure from the highest levels of the Department of Justice to cut Stone a break , and that the U.S. Attorney ’ s sentencing instructions to us were based on political considerations , ” Zelinsky said in written testimony .
“ I was also told that the acting U.S. Attorney was giving Stone @ @ @ @ @ @ @ ‘ afraid of the president.
’ ” The scathing accounts come as part of an investigation by Democrats into political interference by the president and Attorney General William Barr in criminal prosecutions brought by former special counsel Robert Mueller .
The House plans to question Zelinsky on a panel of other current and former Justice Department officials on Capitol Hill .
U.S District Judge Amy Berman Jackson sentenced Stone to just over three years in prison after he was convicted on seven criminal counts last year , including lying to Congress and witness @ @ @ @ @ @ @ and conviction to the D.C .
Circuit where it is currently in the briefing stages .
Zelinsky makes clear in his testimony that his concern is with the process , and not the sentence passed down in February .
“ It pains me to describe these events , ” his written testimony states .
“ But as Judge Jackson said in this case , the truth still matters .
And so I am here today to tell you the truth.
” That indelible phrase — “ truth still matters ” — first uttered @ @ @ @ @ @ @ November , then invoked by the judge at Stone ’ s sentencing hearing , has defined the case as it weaves through what many believe to be judicial stumbling blocks positioned by the defendant as he awaits a pardon from Trump .
“ The truth still exists .
The truth still matters , ” Jackson said from the bench in February .
“ Roger Stone ’ s insistence that it doesn ’ t , his belligerence , his pride in his own lies are a threat to our most fundamental institutions , to @ @ @ @ @ @ @ Zelinsky details the internal disputes over the recommended sentencing for Stone , including repeated denied requests to see the edited recommendation and information that one potential draft by an unknown author attacked the four career prosecutors personally .
“ That evening , the department filed a new memorandum seeking a substantially lower sentence for Stone .
No line AUSA signed the filing—which is also something that is virtually unprecedented , ” he says in written testimony .
The final recommendation dropped the initial proposal for up to nine years imprisonment for Stone to @ @ @ @ @ @ @ years based on his conduct and conviction .
Zelinsky notes that Jackson made clear that the initial proposal by career prosecutors was without error .
“ It was true to the record .
It was in accordance with the law and with DOJ policy , and it was submitted with the same level of evenhanded judgment and professionalism they exhibited throughout the trial , ” Jackson said from the bench in February .
Recounting how an unnamed supervisor recognized that the Trump-appointed U.S. attorney bowing to political pressure was unethical , Zelinsky describes @ @ @ @ @ @ @ prosecuting team on the case .
“ However , we were instructed that we should go along with the U.S. Attorney ’ s instructions , because this case was ‘ not the hill worth dying on ’ and that we could ‘ lose our jobs ’ if we did not toe the line , ” he says in written testimony .
“ We responded that cutting a defendant a break because of his relationship to the president undermined the fundamental principles of the Department of Justice , and that we felt that was @ @ @ @ @ @ @

Roger Stone made his latest play to avoid prison time Tuesday, just after explosive testimony from a federal prosecutor went public revealing deep and unprecedented political entanglements in the criminal case of the president's longtime ally.
WASHINGTON (CN) — Roger Stone made his latest play to avoid prison time Tuesday, just after explosive testimony from a federal prosecutor went public revealing deep and unprecedented political entanglements in the criminal case of the president's longtime ally.
“I have never seen political influence play any role in prosecutorial decision making. With one exception: United States v. Roger Stone,” Assistant U.S. Attorney Aaron Zelinsky said in written testimony released Tuesday.
Stone is set to report to prison at the end of the month but filed a motion — unopposed by the Justice Department — requesting to push the deadline off until September, citing underlying medical conditions that his attorneys claim make exposure to the novel coronavirus life-threatening.
Just hours before, the House Judiciary Committee revealed Zelinsky will testify Wednesday, one of two “whistleblowers” the panel will hear from. Currently a prosecutor in the Maryland U.S. Attorney's Office, Zelinsky was one of four prosecutors who stepped down from the Stone case over internal pressure to recommend a lighter sentence.
The prosecutor plans to testify that he repeatedly heard that the defendant — a longtime GOP consultant and self-proclaimed “dirty trickster” — received differential treatment based on his relationship with Trump.
“I was told that the Acting U.S. Attorney for the District of Columbia, Timothy Shea, was receiving heavy pressure from the highest levels of the Department of Justice to cut Stone a break, and that the U.S. Attorney’s sentencing instructions to us were based on political considerations,” Zelinsky said in written testimony. “I was also told that the acting U.S. Attorney was giving Stone such unprecedentedly favorable treatment because he was ‘afraid of the president.’”
The scathing accounts come as part of an investigation by Democrats into political interference by the president and Attorney General William Barr in criminal prosecutions brought by former special counsel Robert Mueller. The House plans to question Zelinsky on a panel of other current and former Justice Department officials on Capitol Hill.
U.S. District Judge Amy Berman Jackson sentenced Stone to just over three years in prison after he was convicted on seven criminal counts last year, including lying to Congress and witness tampering.
Stone has appealed his sentence and conviction to the D.C. Circuit where it is currently in the briefing stages.
Zelinsky makes clear in his testimony that his concern is with the process, and not the sentence passed down in February.
“It pains me to describe these events,” his written testimony states. “But as Judge Jackson said in this case, the truth still matters. And so I am here today to tell you the truth.”
That indelible phrase — “truth still matters” — first uttered by the prosecution at closing arguments in November, then invoked by the judge at Stone’s sentencing hearing, has defined the case as it weaves through what many believe to be judicial stumbling blocks positioned by the defendant as he awaits a pardon from Trump.
“The truth still exists. The truth still matters,” Jackson said from the bench in February. “Roger Stone's insistence that it doesn't, his belligerence, his pride in his own lies are a threat to our most fundamental institutions, to the very foundation of our democracy.”
Zelinsky details the internal disputes over the recommended sentencing for Stone, including repeated denied requests to see the edited recommendation and information that one potential draft by an unknown author attacked the four career prosecutors personally.
“That evening, the department filed a new memorandum seeking a substantially lower sentence for Stone. No line AUSA signed the filing—which is also something that is virtually unprecedented,” he says in written testimony.
The final recommendation dropped the initial proposal for up to nine years imprisonment for Stone to a lower calculation of three to four years based on his conduct and conviction.
Zelinsky notes that Jackson made clear that the initial proposal by career prosecutors was without error.
“It was true to the record. It was in accordance with the law and with DOJ policy, and it was submitted with the same level of evenhanded judgment and professionalism they exhibited throughout the trial,” Jackson said from the bench in February.
Recounting how an unnamed supervisor recognized that the Trump-appointed U.S. attorney bowing to political pressure was unethical, Zelinsky describes in detail how the official advised the prosecuting team on the case.
“However, we were instructed that we should go along with the U.S. Attorney’s instructions, because this case was ‘not the hill worth dying on’ and that we could ‘lose our jobs’ if we did not toe the line,” he says in written testimony. “We responded that cutting a defendant a break because of his relationship to the president undermined the fundamental principles of the Department of Justice, and that we felt that was an important principle to defend.”


Top Eight

Your Tuesday night briefing from the staff of Courthouse News Top eight CNS stories for today including the coronavirus pandemic did not prevent New York City voters from turning out in droves to participate in an important primary election ; Defense lawyers in the Netherlands trial over the MH17 plane crash suggested the investigation into the downing of the passenger jet may have been manipulated by Ukraine ; Vice President Mike Pence launched his “ Faith in America ” rally tour in a conservative Milwaukee suburb , and more .
Sign up for CNS Top Eight , a roundup of @ @ @ @ @ @ @ directly to your email Monday through Friday .
1 . )
Vice President Mike Pence launched his “ Faith in America ” rally tour in a Milwaukee suburb Tuesday , returning to a reliably conservative area of a key battleground state to drum up enthusiasm among the president ’ s base less than five months from the election .
2 . )
Markets posted minor gains on Tuesday , overcoming initial jitters over a U.S.-China trade deal that proved to be less a dead albatross and more of a possum .
3 .
@ @ @ @ @ @ @ amending the Foreign Sovereign Immunities Act in order to hold China accountable for injury , losses and damages related to the outbreak of the novel coronavirus .
4 . )
Fifteen minor league baseball teams filed a federal lawsuit Tuesday against insurance companies they say won ’ t pay for coronavirus-related business interruption claims .
5 . )
Over in New York City , Queens represented the worst-struck borough of the global epicenter of the coronavirus pandemic , but that did not prevent voters from turning out in droves to participate in the @ @ @ @ @ @ @ .
6 . )
A five-week delay and expansion of absentee voting will likely lead to record turnout Tuesday in Kentucky ’ s primary election , featuring Democratic frontrunner Amy McGrath squaring off against the surging Charles Booker to decide who will challenge incumbent Senator Mitch McConnell .
7 . )
The wealthy Hollister Ranch enclave has begun working with California officials on a plan to open its gates , as required by a recent state law mandating beach access .
But not every beach lover thinks unfettered public access to otherwise private @ @ @ @ @ @ @ 8 . )
Defense lawyers in the Netherlands trial over the MH17 plane crash called the investigation into the downing of the passenger jet worrying and suggested it might have been manipulated by Ukraine .

Top eight CNS stories for today including the coronavirus pandemic did not prevent New York City voters from turning out in droves to participate in an important primary election; Defense lawyers in the Netherlands trial over the MH17 plane crash suggested the investigation into the downing of the passenger jet might have been manipulated by Ukraine; Vice President Mike Pence launched his “Faith in America” rally tour in a conservative Milwaukee suburb, and more.
Your Tuesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including the coronavirus pandemic did not prevent New York City voters from turning out in droves to participate in an important primary election; Defense lawyers in the Netherlands trial over the MH17 plane crash suggested the investigation into the downing of the passenger jet may have been manipulated by Ukraine; Vice President Mike Pence launched his “Faith in America” rally tour in a conservative Milwaukee suburb, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) Vice President Mike Pence launched his “Faith in America” rally tour in a Milwaukee suburb Tuesday, returning to a reliably conservative area of a key battleground state to drum up enthusiasm among the president’s base less than five months from the election.
A merchandise table outside Vice President Mike Pence’s “Faith in America” rally in Pewaukee, Wis., on Tuesday, June 23, 2020. (Courthouse News photo/Joe Kelly)
2.) Markets posted minor gains on Tuesday, overcoming initial jitters over a U.S.-China trade deal that proved to be less a dead albatross and more of a possum.
A sign for a Wall Street building is shown, Tuesday, June 16, 2020. Stocks are rising sharply in early trading on Wall Street after retail sales in the U.S. soared by a record 17.7% from April to May, double what economists were expecting and a welcome sign that spending is partially rebounding after the devastating coronavirus shutdowns. (AP Photo/Mark Lennihan)
3.) Senate Judiciary Committee members Tuesday discussed amending the Foreign Sovereign Immunities Act in order to hold China accountable for injury, losses and damages related to the outbreak of the novel coronavirus.
FILE - In this Feb. 1, 2020, file photo, funeral home workers remove the body of a person suspected to have died from the coronavirus outbreak from a residential building in Wuhan in central China's Hubei Province. Skepticism about China’s reported coronavirus cases and deaths has swirled throughout the crisis, fueled by official efforts to quash bad news in the early days and a general distrust of the government. In any country, getting a complete picture of the infections amid the fog of war is virtually impossible. (Chinatopix via AP, File)
4.) Fifteen minor league baseball teams filed a federal lawsuit Tuesday against insurance companies they say won’t pay for coronavirus-related business interruption claims.
FILE - In this April 8, 2020, file photo, an empty Parkview Field minor league baseball stadium is viewed in downtown Fort Wayne, Ind. Minor league umpires are out of jobs so far and maybe all year with no minor league seasons due to the coronavirus pandemic. (Mike Moore/The Journal-Gazette via AP, File)
Regional
5.) Over in New York City, Queens represented the worst-struck borough of the global epicenter of the coronavirus pandemic, but that did not prevent voters from turning out in droves to participate in the democratic process for an important primary election.
Stickers reading “I Voted” rest on a voting machine is set up inside a polling station at Yonkers Middle/High School, Tuesday, June 23, 2020, in Yonkers, N.Y. (AP Photo/John Minchillo)
6.) A five-week delay and expansion of absentee voting will likely lead to record turnout Tuesday in Kentucky’s primary election, featuring Democratic frontrunner Amy McGrath squaring off against the surging Charles Booker to decide who will challenge incumbent Senator Mitch McConnell.
Voters fill out their ballots at the Kentucky Exposition Center in Louisville, Ky., on June 23, 2020. (AP Photo/Timothy D. Easley)
7.) The wealthy Hollister Ranch enclave has begun working with California officials on a plan to open its gates, as required by a recent state law mandating beach access. But not every beach lover thinks unfettered public access to otherwise private coastal property is a good thing.
The guardhouse at the entrance of the sprawling Hollister Ranch in Santa Barbara County, California. (Courthouse News photo / Martin Macias Jr.)
International
8.) Defense lawyers in the Netherlands trial over the MH17 plane crash called the investigation into the downing of the passenger jet worrying and suggested it might have been manipulated by Ukraine.


courthousenews--2020-06-23--Federal Judge Won’t Sign Off on Relaxed Minnesota Absentee Ballot Rules

ST. PAUL , Minn. ( CN ) — A federal judge declined to give his blessing Tuesday to a consent decree temporarily waiving Minnesota ’ s requirement that absentee voters get a witness to sign their ballots , less than a week after a state judge approved a similar agreement .
The decision from the bench was hailed by Republicans , who raised alarms when Ramsey County Judge Sara Grewing approved a separate consent decree waiving the requirement last Wednesday .
That order remains intact and it ’ s unclear whether U.S. District Court Judge Eric Tostrud ’ s decision @ @ @ @ @ @ @ refusal to sign a similar consent decree is the latest development in a fast-paced case brought by the League of Women Voters of Minnesota seeking to overturn the witness requirement , which requires would-be absentee voters to get another Minnesota voter or a notary public to sign their ballot .
The voting rights group has argued the provision could prevent immunocompromised voters or others worried about Covid-19 from safely voting .
The League of Women Voters sued Democratic Secretary of State Steve Simon on May 19 , and 10 days later sought a @ @ @ @ @ @ @ witness requirement .
In between those motions , attorneys for both parties told Tostrud they began negotiations on a proposed consent decree , which was filed June 16 .
Republicans , including the Donald Trump campaign , cried foul and intervened in the federal case last week .
In a Zoom fairness hearing plagued by technical issues Tuesday afternoon , the Republicans ’ attorney Cam Norris of the Washington firm Consovoy McCarthy argued that the consent decree did not address a federal question and that voting in person or by mail with a @ @ @ @ @ @ @ Importantly , the secretary has never said that in-person voting is unsafe , ” Norris said .
“ Of course , he ’ s said it ’ s safe – he ’ s actually provided several measures to make it more safe.
” The attorney also nodded to Minnesota Republican ’ s accusations that the decrees were the result of collusion between Simon and Democrat-friendly groups .
“ The intervenors weren ’ t in the room where it happened , so we don ’ t know the extent of the bargaining and we @ @ @ @ @ @ @ “ We ’ re not here to nitpick the product of reasonable negotiations , but at some point the product is unreasonable enough that you ’ re left to question whether it was an arm ’ s length deal.
” Minnesota Assistant Attorney General Hillary Taylor and League of Women Voters attorney Jonathan Diaz of the Campaign Legal Center contested that idea , and Tostrud gave it little credence .
“ I can not say that the terms of the… consent decree themselves show procedural unfairness , ” the judge said , adding @ @ @ @ @ @ @ witness requirement could prevent League of Women Voters board member Vivian Latimer-Tanniehill from voting .
“ The problem as I see it , under the law , is that the consent decree goes well beyond that , ” Tostrud said .
He agreed with the intervenors that the scope of the proposed order was too broad .
The witness requirement could prevent some of those most vulnerable to Covid-19 from voting , he said , but preventing its enforcement wholesale would be excessive .
Tostrud pointed to a paragraph in the proposed decree @ @ @ @ @ @ @ the witness requirement “ for absentee voters who fear that complying with the requirement will risk their health and safety.
” “ It seems unreasonable to read that sentence and clause and conclude that it is meant to describe every Minnesota absentee voter , ” the judge said .
Taylor and Diaz had argued that declining to enforce the provision was the only way to ensure that absentee voting is available to those who needed it .
“ This is not the same situation as not enforcing a speed limit , ” Taylor @ @ @ @ @ @ @ to determine whether they are at-risk enough to conform to a certain standard.
” Tostrud said he would leave the question of where the case would go from here for another day .
Assertions that the Ramsey County case would moot this one , he said , were without merit since that case was still going on .
“ I would ask , ” he said , “ but I appreciate that there are many possibilities , and I don ’ t think it ’ s fair to put you all on the @ @ @ @ @ @ @ in an interview after the hearing , Diaz said he wasn ’ t yet sure of next steps but emphasized that the case sought relief beyond the August primary .
He was also relieved that Tostrud had seen the merits of his client ’ s claims even as he denied them immediate relief .
“ Even though Judge Tostrud didn ’ t approve our consent decree , he did acknowledge the real burdens faced by our client… and other people in her circumstance , that the witness requirement imposes in light of the @ @ @ @ @ @

A federal judge declined to give his blessing Tuesday to a consent decree temporarily waiving Minnesota’s requirement that absentee voters get a witness to sign their ballots, less than a week after a state judge approved a similar agreement.
ST. PAUL, Minn. (CN) — A federal judge declined to give his blessing Tuesday to a consent decree temporarily waiving Minnesota’s requirement that absentee voters get a witness to sign their ballots, less than a week after a state judge approved a similar agreement.
The decision from the bench was hailed by Republicans, who raised alarms when Ramsey County Judge Sara Grewing approved a separate consent decree waiving the requirement last Wednesday. That order remains intact and it’s unclear whether U.S. District Court Judge Eric Tostrud’s decision will impact it.
Tostrud’s refusal to sign a similar consent decree is the latest development in a fast-paced case brought by the League of Women Voters of Minnesota seeking to overturn the witness requirement, which requires would-be absentee voters to get another Minnesota voter or a notary public to sign their ballot. The voting rights group has argued the provision could prevent immunocompromised voters or others worried about Covid-19 from safely voting.
The League of Women Voters sued Democratic Secretary of State Steve Simon on May 19, and 10 days later sought a preliminary injunction preventing Simon from enforcing the witness requirement. In between those motions, attorneys for both parties told Tostrud they began negotiations on a proposed consent decree, which was filed June 16.
Republicans, including the Donald Trump campaign, cried foul and intervened in the federal case last week.
In a Zoom fairness hearing plagued by technical issues Tuesday afternoon, the Republicans’ attorney Cam Norris of the Washington firm Consovoy McCarthy argued that the consent decree did not address a federal question and that voting in person or by mail with a witness was already safe enough.
“Importantly, the secretary has never said that in-person voting is unsafe,” Norris said. “Of course, he’s said it’s safe – he’s actually provided several measures to make it more safe.”
The attorney also nodded to Minnesota Republican’s accusations that the decrees were the result of collusion between Simon and Democrat-friendly groups.
“The intervenors weren’t in the room where it happened, so we don’t know the extent of the bargaining and we never will,” he said. “We’re not here to nitpick the product of reasonable negotiations, but at some point the product is unreasonable enough that you’re left to question whether it was an arm’s length deal.”
Minnesota Assistant Attorney General Hillary Taylor and League of Women Voters attorney Jonathan Diaz of the Campaign Legal Center contested that idea, and Tostrud gave it little credence.
“I cannot say that the terms of the… consent decree themselves show procedural unfairness,” the judge said, adding that he was also convinced that the witness requirement could prevent League of Women Voters board member Vivian Latimer-Tanniehill from voting.
“The problem as I see it, under the law, is that the consent decree goes well beyond that,” Tostrud said.
He agreed with the intervenors that the scope of the proposed order was too broad. The witness requirement could prevent some of those most vulnerable to Covid-19 from voting, he said, but preventing its enforcement wholesale would be excessive.
Tostrud pointed to a paragraph in the proposed decree in which Simon agreed not to enforce the witness requirement “for absentee voters who fear that complying with the requirement will risk their health and safety.”
“It seems unreasonable to read that sentence and clause and conclude that it is meant to describe every Minnesota absentee voter,” the judge said.
Taylor and Diaz had argued that declining to enforce the provision was the only way to ensure that absentee voting is available to those who needed it.
“This is not the same situation as not enforcing a speed limit,” Taylor said. “It is asking individuals to determine whether they are at-risk enough to conform to a certain standard.”
Tostrud said he would leave the question of where the case would go from here for another day. Assertions that the Ramsey County case would moot this one, he said, were without merit since that case was still going on.
“I would ask,” he said, “but I appreciate that there are many possibilities, and I don’t think it’s fair to put you all on the spot and expect an answer.”
Speaking in an interview after the hearing, Diaz said he wasn’t yet sure of next steps but emphasized that the case sought relief beyond the August primary. He was also relieved that Tostrud had seen the merits of his client’s claims even as he denied them immediate relief.
“Even though Judge Tostrud didn’t approve our consent decree, he did acknowledge the real burdens faced by our client… and other people in her circumstance, that the witness requirement imposes in light of the pandemic,” he said.