courthousenews--2020-12-04--Lawsuit Over Fatal Police Shooting of Man Who Cursed at Cops Headed for Trial

SAN FRANCISCO ( CN ) — A lawsuit claiming two police officers violated the free speech rights of a mentally ill man when they shot him on his front porch after he yelled and cursed at them to go away will likely go to trial , a federal judge signaled in court Friday .
“ Don ’ t all the issues on qualified immunity , aren ’ t they all disputed facts ?
” U.S. District Judge Susan Illston said during a virtual court hearing Friday .
“ I don ’ t see how I can rule on the qualified @ @ @ @ @ @ @ ” Illston is presiding over a civil rights suit over the Jan. 6 , 2017 , shooting of Sean Moore in San Francisco ’ s Oceanview neighborhood .
Officers Kenneth Cha and Colin Patino showed up at Moore ’ s home at 4 a.m. responding to reports that Moore violated a court-issued restraining order to stop harassing his neighbor .
Moore was accused of banging on a wall that separated his and his neighbor ’ s homes .
When officers climbed a stairway and arrived at Moore ’ s front gate , Moore @ @ @ @ @ @ @ and told them to “ get the fuck off my stairs.
” The officers went up and down the steps three separate times as the altercation escalated .
They told Moore to come outside , and when he did , they deployed pepper spray and struck him with a baton .
Moore responded by punching Patino , breaking his nose and kicking Cha down the steps before Cha took out his gun and shot the unarmed man twice in the stomach .
Moore died three years later at San Quentin state prison while @ @ @ @ @ @ @ .
An autopsy released this past July found Moore ’ s death partly resulted from a gunshot wound to his abdomen .
Following his death , Moore ’ s parents replaced him as plaintiffs in the lawsuit .
During a hearing on dueling motions for summary judgment Friday , Illston said she was inclined to reject the city ’ s entire motion , except for its request to strike down a Monell claim , which would require showing the police department had an unconstitutional custom or practice that led to a civil rights @ @ @ @ @ @ @ claim was unopposed .
Illston also said she was leaning toward granting the plaintiffs ’ motion to find the officers were not lawfully performing their duties when they attacked Moore , a conclusion the California First District Court of Appeal reached in a separate case in 2018 .
In that decision , the court found the officers ’ “ refusal to leave Moore ’ s home when he repeatedly demanded that they do so ” transformed their attempt at a “ consensual encounter ” to investigate a potential crime into an unlawful detention @ @ @ @ @ @ @ the restraining order , the officers had no probable cause to detain or arrest him , the court concluded .
The state appeals court also clarified that the finding does not mean all the officers ’ subsequent actions were unlawful if they were legitimately responding to illegal behavior or physical threats by Moore .
San Francisco Deputy City Attorney Kelly Collins insisted the officers had probable cause to arrest Moore , not only for the alleged restraining order violation , but because he was obstructing an investigation and disturbing the peace .
Based @ @ @ @ @ @ @ footage , Illston said it looked like the officers “ were trying to provoke ” Moore into doing something that might justify an arrest .
“ They kept coming at him , ” Illston said .
“ Every time they said something , it provoked a response .
They said ‘ Is that a threat ?
Are you threatening me , ’ as if they wanted him to do that.
” Collins replied that it was Moore ’ s hostility that escalated the situation .
Body camera footage shows one of the officers @ @ @ @ @ @ @ man , ” in response to Moore ’ s expletive-laden outbursts .
Civil rights lawyer Adante Pointer , of the John Burris law firm , accused the officers of failing to follow their training by missing multiple opportunities to de-escalate the situation .
“ You have the officers poking the bear and telling the bear to come out of the cage , ” Pointer said .
Illston acknowledged the video shows Cha and Patino telling Moore to open his front gate and come outside .
When Moore followed those commands and moved toward @ @ @ @ @ @ @ batons and pepper spray .
Pointer and his co-counsel Patrick Buelna say Moore did not punch or kick the officers until after he was attacked .
The city maintains the use of force was justified because Moore “ aggressively opened the gate and advanced on the officers.
” Buelna argued that defending oneself against excessive and unreasonable force by officers is not illegal .
“ There is nothing in the law that says you have to sit there and let an officer beat you unconstitutionally , ” he said .
Moore ’ s @ @ @ @ @ @ @ Americans with Disabilities Act by failing to recognize Moore was suffering from a mental illness , schizophrenia .
The officers had been trained to recognize signs of mental illness and to adjust their tactics accordingly , the lawsuit contends .
Collins said that claim should be rejected because there was no way for officers to know Moore was suffering from a mental illness based on his conduct .
“ Mr .
Moore was angry , ” Collins said .
“ He was acting in a belligerent manner but not an incoherent manner.
” @ @ @ @ @ @ @ Collins insisted that no connection exists between Moore ’ s aggressive speech and the force used against him .
Beulna countered by citing the Ninth Circuit ’ s 1990 decision in Duran v. City of Douglas , which found a similar case in which a suspect flipped off and cursed an officer presented a factual dispute as to whether the arrest was retaliatory .
Such disputes must be resolved by a jury , he argued .
After an hour of debate , Illston said she was inclined to deny most of the city @ @ @ @ @ @ @ grant the plaintiffs ’ motion to find the officers were not lawfully performing their duties when they re-entered Moore ’ s stairway and used physical force against him , meaning they would not be entitled to qualified immunity .
Moore was imprisoned in 2018 for assaulting two kids at a park with a hate crime enhancement .
He received another three-year sentence in 2019 for making death threats by phone against a female civilian employee at Taraval police station , according to the San Francisco District Attorney ’ s Office .
The office @ @ @ @ @ @ @ , which last month launched its first homicide prosecution against an on-duty officer in the city ’ s history , has yet to decide whether to file charges against Cha or Patino for their use of force against Moore .
A decision to press charges could indefinitely delay the civil litigation .
Boudin ’ s office did not immediately provide requested information on the status of the Moore shooting probe , which is handled by its Independent Investigations Bureau .

A lawsuit claiming two police officers violated the free speech rights of a mentally ill man when they shot him on his front porch after he yelled and cursed at them to go away will likely go to trial, a federal judge signaled in court Friday.
SAN FRANCISCO (CN) — A lawsuit claiming two police officers violated the free speech rights of a mentally ill man when they shot him on his front porch after he yelled and cursed at them to go away will likely go to trial, a federal judge signaled in court Friday.
“Don’t all the issues on qualified immunity, aren’t they all disputed facts?” U.S. District Judge Susan Illston said during a virtual court hearing Friday. “I don’t see how I can rule on the qualified immunity issue unless the facts are determined.”
Illston is presiding over a civil rights suit over the Jan. 6, 2017, shooting of Sean Moore in San Francisco’s Oceanview neighborhood. Officers Kenneth Cha and Colin Patino showed up at Moore’s home at 4 a.m. responding to reports that Moore violated a court-issued restraining order to stop harassing his neighbor.
Moore was accused of banging on a wall that separated his and his neighbor’s homes. When officers climbed a stairway and arrived at Moore’s front gate, Moore stepped on his porch behind the gate and told them to “get the fuck off my stairs.”
The officers went up and down the steps three separate times as the altercation escalated. They told Moore to come outside, and when he did, they deployed pepper spray and struck him with a baton. Moore responded by punching Patino, breaking his nose and kicking Cha down the steps before Cha took out his gun and shot the unarmed man twice in the stomach.
Moore died three years later at San Quentin state prison while serving time for unrelated offenses. An autopsy released this past July found Moore’s death partly resulted from a gunshot wound to his abdomen.
Following his death, Moore’s parents replaced him as plaintiffs in the lawsuit.
During a hearing on dueling motions for summary judgment Friday, Illston said she was inclined to reject the city’s entire motion, except for its request to strike down a Monell claim, which would require showing the police department had an unconstitutional custom or practice that led to a civil rights violation. The motion to strike that claim was unopposed.
Illston also said she was leaning toward granting the plaintiffs’ motion to find the officers were not lawfully performing their duties when they attacked Moore, a conclusion the California First District Court of Appeal reached in a separate case in 2018.
In that decision, the court found the officers’ “refusal to leave Moore’s home when he repeatedly demanded that they do so” transformed their attempt at a “consensual encounter” to investigate a potential crime into an unlawful detention.
Because they never witnessed Moore violate the restraining order, the officers had no probable cause to detain or arrest him, the court concluded.
The state appeals court also clarified that the finding does not mean all the officers’ subsequent actions were unlawful if they were legitimately responding to illegal behavior or physical threats by Moore.
San Francisco Deputy City Attorney Kelly Collins insisted the officers had probable cause to arrest Moore, not only for the alleged restraining order violation, but because he was obstructing an investigation and disturbing the peace.
Based on her review of police body camera footage, Illston said it looked like the officers “were trying to provoke” Moore into doing something that might justify an arrest.
“They kept coming at him,” Illston said. “Every time they said something, it provoked a response. They said ‘Is that a threat? Are you threatening me,’ as if they wanted him to do that.”
Collins replied that it was Moore’s hostility that escalated the situation. Body camera footage shows one of the officers initially saying “Whoa. Chill out man,” in response to Moore’s expletive-laden outbursts.
Civil rights lawyer Adante Pointer, of the John Burris law firm, accused the officers of failing to follow their training by missing multiple opportunities to de-escalate the situation.
“You have the officers poking the bear and telling the bear to come out of the cage,” Pointer said.
Illston acknowledged the video shows Cha and Patino telling Moore to open his front gate and come outside.
When Moore followed those commands and moved toward the officers, he was met with batons and pepper spray. Pointer and his co-counsel Patrick Buelna say Moore did not punch or kick the officers until after he was attacked. The city maintains the use of force was justified because Moore “aggressively opened the gate and advanced on the officers.”
Buelna argued that defending oneself against excessive and unreasonable force by officers is not illegal.
“There is nothing in the law that says you have to sit there and let an officer beat you unconstitutionally,” he said.
Moore’s parents also claim the officers violated the Americans with Disabilities Act by failing to recognize Moore was suffering from a mental illness, schizophrenia. The officers had been trained to recognize signs of mental illness and to adjust their tactics accordingly, the lawsuit contends.
Collins said that claim should be rejected because there was no way for officers to know Moore was suffering from a mental illness based on his conduct.
“Mr. Moore was angry,” Collins said. “He was acting in a belligerent manner but not an incoherent manner.”
On the First Amendment retaliation claim, Collins insisted that no connection exists between Moore’s aggressive speech and the force used against him.
Beulna countered by citing the Ninth Circuit’s 1990 decision in Duran v. City of Douglas, which found a similar case in which a suspect flipped off and cursed an officer presented a factual dispute as to whether the arrest was retaliatory. Such disputes must be resolved by a jury, he argued.
After an hour of debate, Illston said she was inclined to deny most of the city’s summary judgment motion and to grant the plaintiffs’ motion to find the officers were not lawfully performing their duties when they re-entered Moore’s stairway and used physical force against him, meaning they would not be entitled to qualified immunity.
Moore was imprisoned in 2018 for assaulting two kids at a park with a hate crime enhancement. He received another three-year sentence in 2019 for making death threats by phone against a female civilian employee at Taraval police station, according to the San Francisco District Attorney’s Office.
The office of San Francisco District Attorney Chesa Boudin, which last month launched its first homicide prosecution against an on-duty officer in the city’s history, has yet to decide whether to file charges against Cha or Patino for their use of force against Moore. A decision to press charges could indefinitely delay the civil litigation.
Boudin’s office did not immediately provide requested information on the status of the Moore shooting probe, which is handled by its Independent Investigations Bureau.


courthousenews--2020-12-04--Bay Area Counties Order Preemptive Shutdown as Covid Patients Fill ICUs

( CN ) — Five San Francisco Bay Area counties announced Friday their jurisdictions will voluntarily implement California Governor Gavin Newsom ’ s regional stay-at-home order this weekend , moving earlier than required to enact restrictions in order to curb transmission of Covid-19 before health care systems become overwhelmed .
On Thursday , Newsom announced stay-at-home orders would be issued for California counties with less than 15 % intensive care unit capacity remaining at their hospitals .
Under Newsom ’ s order , which takes effect Saturday , counties with ICUs that reach 85 % full will be required to @ @ @ @ @ @ @ at 20 % capacity .
Over 2,000 Californians are currently in ICUs statewide , a pandemic record .
Health officers of Alameda , Contra Costa , San Francisco , Marin and Santa Clara counties said Friday they ’ re not waiting for ICU capacity to reach critical levels and will adopt Newsom ’ s order ahead of schedule .
“ It takes several weeks for new restrictions to slow rising hospitalizations and waiting until only 15 % of a region ’ s ICU beds are available is just too late , ” San @ @ @ @ @ @ @ in a statement .
“ Many heavily impacted parts of our region already have less than 15 % of ICU beds available , and the time to act is now.
” As of Thursday , the state ’ s Greater Sacramento and Southern California regions had just 22 % and 20 % of their ICU beds available , respectively , while the largely rural San Joaquin Valley and Northern California regions had 19 % and 18 % of ICU beds available , respectively .
California ’ s Bay Area region had 25 % @ @ @ @ @ @ @ figure obscures critical situations in counties on the brink of overwhelming their hospital capacity .
The number of people hospitalized with Covid-19 in Contra Costa County has doubled in the last two weeks and ICU beds are currently 75 % full , according to county health data .
In Santa Clara County , where ICU beds are 83 % full , Health Officer Sara Cody said Friday that while the regional order will negatively impact businesses , the restrictions will prevent further deaths in weeks to come .
“ We can not wait @ @ @ @ @ @ @ cliff to pull the emergency break , ” Cody said .
“ However , if we act quickly , we can both save lives and reduce the amount of time these restrictions have to stay in place , allowing businesses and activities to reopen sooner.
” San Francisco , Santa Clara and Contra Costa ’ s stay home orders will be enacted Dec. 6 at 10 p.m. Alameda County ’ s order will take effect Monday and Marin County ’ s order will begin Tuesday .
The city of Berkeley , located in @ @ @ @ @ @ @ regional stay home order earlier than required .
The city ’ s health official , Lisa B. Hernandez , said in the statement every resident should recognize their role in fighting viral spread .
“ Keep your family safe by avoiding even small gatherings outside of your household and not traveling , ” Hernandez said .
We don ’ t want holiday gatherings and travel to create a spike of cases on top of the surge we ’ re already seeing.
” All orders will remain in place until Jan. 4 , officials @ @ @ @ @ @ @ salons , movie theatres and museums as well as bars , wineries and breweries .
Schools that have already resumed classes can stay open and retailers can continue operations at 20 % capacity , while restaurants will only be open for takeout .
State officials said Thursday that once hospital capacity improves , individual counties can go back to the tiered-colored method of reopening based on infection rates that has been in place since August .

Five San Francisco Bay Area counties announced Friday their jurisdictions will voluntarily implement California Governor Gavin Newsom’s regional stay-at-home order this weekend, moving earlier than required to enact restrictions in order to curb transmission of Covid-19 before health care systems become overwhelmed.
(CN) — Five San Francisco Bay Area counties announced Friday their jurisdictions will voluntarily implement California Governor Gavin Newsom’s regional stay-at-home order this weekend, moving earlier than required to enact restrictions in order to curb transmission of Covid-19 before health care systems become overwhelmed.
On Thursday, Newsom announced stay-at-home orders would be issued for California counties with less than 15% intensive care unit capacity remaining at their hospitals.
Under Newsom’s order, which takes effect Saturday, counties with ICUs that reach 85% full will be required to close except for essential services and retail at 20% capacity.
Over 2,000 Californians are currently in ICUs statewide, a pandemic record.
Health officers of Alameda, Contra Costa, San Francisco, Marin and Santa Clara counties said Friday they’re not waiting for ICU capacity to reach critical levels and will adopt Newsom’s order ahead of schedule.
“It takes several weeks for new restrictions to slow rising hospitalizations and waiting until only 15% of a region’s ICU beds are available is just too late,” San Francisco Health Officer Dr. Tomás Aragon said in a statement. “Many heavily impacted parts of our region already have less than 15% of ICU beds available, and the time to act is now.”
As of Thursday, the state’s Greater Sacramento and Southern California regions had just 22% and 20% of their ICU beds available, respectively, while the largely rural San Joaquin Valley and Northern California regions had 19% and 18% of ICU beds available, respectively.
California’s Bay Area region had 25% of ICU beds available, but the figure obscures critical situations in counties on the brink of overwhelming their hospital capacity.
The number of people hospitalized with Covid-19 in Contra Costa County has doubled in the last two weeks and ICU beds are currently 75% full, according to county health data.
In Santa Clara County, where ICU beds are 83% full, Health Officer Sara Cody said Friday that while the regional order will negatively impact businesses, the restrictions will prevent further deaths in weeks to come.
“We cannot wait until after we have driven off the cliff to pull the emergency break,” Cody said. “However, if we act quickly, we can both save lives and reduce the amount of time these restrictions have to stay in place, allowing businesses and activities to reopen sooner.”
San Francisco, Santa Clara and Contra Costa’s stay home orders will be enacted Dec. 6 at 10 p.m. Alameda County’s order will take effect Monday and Marin County’s order will begin Tuesday.
The city of Berkeley, located in Alameda County, is also adopting the regional stay home order earlier than required. The city’s health official, Lisa B. Hernandez, said in the statement every resident should recognize their role in fighting viral spread.
“Keep your family safe by avoiding even small gatherings outside of your household and not traveling,” Hernandez said. We don’t want holiday gatherings and travel to create a spike of cases on top of the surge we’re already seeing.”
All orders will remain in place until Jan. 4, officials said.
Closures will extend to hair salons, movie theatres and museums as well as bars, wineries and breweries. Schools that have already resumed classes can stay open and retailers can continue operations at 20% capacity, while restaurants will only be open for takeout.
State officials said Thursday that once hospital capacity improves, individual counties can go back to the tiered-colored method of reopening based on infection rates that has been in place since August.


courthousenews--2020-12-04--Obama Stumps for Georgia Senate Hopefuls in Virtual Rally

ATLANTA ( CN ) — Former President Barack Obama headlined a virtual rally Friday afternoon to campaign for a pair of Georgia Democrats ahead of the state ’ s critical Senate runoff election , telling voters the results will shape the Biden presidency .
In a show of party unity , Obama appeared alongside Democratic candidates Jon Ossoff and the Reverend Raphael Warnock , 2018 gubernatorial candidate Stacey Abrams and Congresswoman-elect Nikema Williams as part of an effort to flip two Senate seats currently held by Republicans .
The Jan. 5 runoff races pitting Warnock against Senator Kelly Loeffler and @ @ @ @ @ @ @ which party secures control of the Senate in the next Congress .
Speaking candidly about the importance of the race during the livestream , Obama told viewers that the election outcome “ is going to determine the course of the Biden presidency and whether Joe Biden and Kamala Harris can deliver legislatively all the commitments they ’ ve made.
” If both Ossoff and Warnock are victorious , party control of the Senate would be split 50-50 , giving Democratic Vice President-elect Harris the tie-breaking vote .
Obama previously campaigned in person for @ @ @ @ @ @ @ general election .
Neither candidate in the two Senate contests received more than 50 % of the vote , triggering the runoff .
Citing his administration ’ s struggles to pass legislation , Obama said control of the Senate “ really matters.
” “ The promise of the Biden presidency and the Harris vice presidency rests , in part , on their ability to have a cooperative posture with Congress , ” Obama said .
“ If you don ’ t have a majority , if the Senate is controlled by Republicans who @ @ @ @ @ @ @ than progress and helping people , they can block just about anything , ” added .
Obama also took aim at Loeffler and Perdue during his remarks , bringing up their stock-trading controversies and saying they were “ first and foremost worried about their stock portfolio ” after receiving briefings about the coronavirus .
Ossoff took the opportunity to call out Perdue ’ s “ gross abuse of power ” Friday and referred to the two incumbent senators as “ the Bonnie and Clyde of political corruption in America.
” Perdue and Loeffler @ @ @ @ @ @ @ Trump at a rally Saturday at Valdosta Regional Airport in south central Georgia .
Friday ’ s virtual event reached an audience of over 17,000 viewers with just days to go before the Dec. 7 voter registration deadline and the start of early voting on Dec. 14 .
According to Abrams , 1 million Georgians have already applied for absentee ballots for the runoff race .

Former President Barack Obama headlined a virtual rally Friday afternoon to campaign for a pair of Georgia Democrats ahead of the state’s critical Senate runoff election, telling voters the results will shape the Biden presidency.
ATLANTA (CN) — Former President Barack Obama headlined a virtual rally Friday afternoon to campaign for a pair of Georgia Democrats ahead of the state’s critical Senate runoff election, telling voters the results will shape the Biden presidency.
In a show of party unity, Obama appeared alongside Democratic candidates Jon Ossoff and the Reverend Raphael Warnock, 2018 gubernatorial candidate Stacey Abrams and Congresswoman-elect Nikema Williams as part of an effort to flip two Senate seats currently held by Republicans.
The Jan. 5 runoff races pitting Warnock against Senator Kelly Loeffler and Ossoff against Senator David Perdue will decide which party secures control of the Senate in the next Congress.
Speaking candidly about the importance of the race during the livestream, Obama told viewers that the election outcome “is going to determine the course of the Biden presidency and whether Joe Biden and Kamala Harris can deliver legislatively all the commitments they’ve made.”
If both Ossoff and Warnock are victorious, party control of the Senate would be split 50-50, giving Democratic Vice President-elect Harris the tie-breaking vote.
Obama previously campaigned in person for Warnock and Ossoff ahead of the November general election. Neither candidate in the two Senate contests received more than 50% of the vote, triggering the runoff.
Citing his administration’s struggles to pass legislation, Obama said control of the Senate “really matters.”
“The promise of the Biden presidency and the Harris vice presidency rests, in part, on their ability to have a cooperative posture with Congress,” Obama said.
“If you don’t have a majority, if the Senate is controlled by Republicans who are interested in obstruction and gridlock rather than progress and helping people, they can block just about anything,” added.
Obama also took aim at Loeffler and Perdue during his remarks, bringing up their stock-trading controversies and saying they were “first and foremost worried about their stock portfolio” after receiving briefings about the coronavirus.
Ossoff took the opportunity to call out Perdue’s “gross abuse of power” Friday and referred to the two incumbent senators as “the Bonnie and Clyde of political corruption in America.”
Perdue and Loeffler are scheduled to appear alongside President Donald Trump at a rally Saturday at Valdosta Regional Airport in south central Georgia.
Friday’s virtual event reached an audience of over 17,000 viewers with just days to go before the Dec. 7 voter registration deadline and the start of early voting on Dec. 14. According to Abrams, 1 million Georgians have already applied for absentee ballots for the runoff race.


courthousenews--2020-12-05--Fifth Circuit Approves of Use of Military Funds for Border Wall

DALLAS ( CN ) — The Fifth Circuit ruled Friday evening a federal judge erred in blocking the Trump administration from redirecting $ 3.6 billion from the military to build a wall at the border with Mexico , a decision that is certain to head to the Supreme Court .
In a 2-1 majority ruling , a three-judge panel with the New Orleans-based federal appeals court concluded plaintiffs El Paso County and the non-profit Border Network for Human Rights lack standing to sue President Donald Trump .
Chief U.S .
Circuit Judge Priscilla Owen , a George W. Bush appointee @ @ @ @ @ @ @ that they were injured when Trump declared a national emergency in 2019 before moving the money from several planned military construction projects .
She was not persuaded by the county ’ s claim that it suffered economic injury due to the cancellation of a $ 20 million road project at Fort Bliss as a result , concluding the county must show “ the county itself ” suffered the injury .
“ El Paso County is not directly harmed by the cancellation of the Fort Bliss project — no part of the $ 20 @ @ @ @ @ @ @ itself , ” the 24-page majority opinion states .
“ Instead , El Paso County asserts that the cancellation of the project will reduce the county ’ s tax revenues , because a $ 20 million construction project within the county would necessarily generate taxes through workers staying at hotels , buying supplies , and spending money at local establishments.
” Judge Owen concluded the indirect loss of tax revenue does not qualify as an injury .
“ Yet , incidental and attenuated harm is insufficient to grant a state or county standing @ @ @ @ @ @ @ every local government could sue to challenge any federal expenditure at a military base , the courts ‘ would cease to function as courts of law and would be cast in the role of general complaint bureau.
’ ” Judge Owen also disagreed with Border Network ’ s argument that it has standing because it was forced to divert time and resources to help members deal with the border wall construction .
“ [ T ] he only concrete diversion of resources identified by BNHR is that the organization is giving significantly more @ @ @ @ @ @ @ the local community , ” the majority opinion states .
“ The declaration admits that BNHR gave more presentations due to fear caused by the President ’ s proclamation , not due to any concern over the impacts of construction.
” The ruling reverses a block by U.S. District Judge David Briones in El Paso a year ago , who concluded the reallocation was illegal .
Friday ’ s ruling also comes eleven months after the Fifth Circuit preliminarily lifted Briones ’ block as it considered Trump ’ s appeal .
The case @ @ @ @ @ @ @ , as the Fifth Circuit has reached a different conclusion than the Ninth Circuit on Trump ’ s wall .
The San Francisco-based Ninth Circuit ruled in June that a separate $ 2.5 billion that Trump reallocated from military counterdrug programs can not be spent on the wall .
The Ninth Circuit concluded plaintiffs California and New Mexico had standing to sue by successfully showing “ the actions of the federal defendants will cause particularized and concrete injuries in fact to the environment and wildlife of their respective states as well as their @ @ @ @ @ @ @ ” Judge Owen acknowledged the conflicting rulings in her opinion Friday , writing “ we do not agree ” with the Ninth Circuit ’ s finding of economic injury .
Owen was joined in the majority by U.S .
Circuit Judge Catharina Dubbelday , a fellow Bush appointee .
Border Network executive director Fernando Garcia said Friday evening the plaintiffs have already filed an appeal with the Supreme Court .
“ We are disappointed in the court of appeals ’ ruling and believe it is wrong , both because BNHR has clearly been @ @ @ @ @ @ @ of power , and for the reasons stated by Judge Dennis in his dissent , ” Garcia said in an email .
“ We have already filed a petition in SCOTUS on this case and plan to continue to pursue our correct claim that the President ’ s actions were a clear abuse of his executive power , a clear usurpation of Congress ’ s power of the purse , and clearly injurious to the Border Network for Human Rights and the families we serve.
“ U.S .
Circuit Judge James Dennis , @ @ @ @ @ @ @ lengthy 48-page dissenting opinion that agreed with the county that the cancellation of the Fort Bliss road project caused a “ discrete , tangible ” injury that is distinct from injuries suffered by other localities .
“ [ O ] ne is hard pressed to imagine any plaintiff that would be capable of challenging the border wall construction and the funding transfers that facilitated it under the majority ’ s unduly onerous standard , ” Dennis wrote .
Dennis concluded Congress only appropriated $ 1.375 billion for border wall construction in the Consolidated @ @ @ @ @ @ @ was passed after Congress failed to fully fund the wall , leading to a lengthy shutdown of the federal government .
The judge said the law prevents the use of more money from the military to go to the wall .
President-elect Joe Biden has pledged to rescind the Trump declaration of a national emergency that triggered the use of military funds .

The Fifth Circuit ruled Friday evening a federal judge erred in blocking the Trump administration from redirecting $3.6 billion from the military to build a wall at the border with Mexico, a decision that is certain to head to the Supreme Court.
DALLAS (CN) — The Fifth Circuit ruled Friday evening a federal judge erred in blocking the Trump administration from redirecting $3.6 billion from the military to build a wall at the border with Mexico, a decision that is certain to head to the Supreme Court.
In a 2-1 majority ruling, a three-judge panel with the New Orleans-based federal appeals court concluded plaintiffs El Paso County and the non-profit Border Network for Human Rights lack standing to sue President Donald Trump.
Chief U.S. Circuit Judge Priscilla Owen, a George W. Bush appointee, wrote the plaintiffs failed to establish that they were injured when Trump declared a national emergency in 2019 before moving the money from several planned military construction projects.
She was not persuaded by the county’s claim that it suffered economic injury due to the cancellation of a $20 million road project at Fort Bliss as a result, concluding the county must show “the county itself” suffered the injury.
“El Paso County is not directly harmed by the cancellation of the Fort Bliss project — no part of the $20 million would be paid by the county itself,” the 24-page majority opinion states. “Instead, El Paso County asserts that the cancellation of the project will reduce the county’s tax revenues, because a $20 million construction project within the county would necessarily generate taxes through workers staying at hotels, buying supplies, and spending money at local establishments.”
Judge Owen concluded the indirect loss of tax revenue does not qualify as an injury.
“Yet, incidental and attenuated harm is insufficient to grant a state or county standing,” Owen wrote. “If every local government could sue to challenge any federal expenditure at a military base, the courts ‘would cease to function as courts of law and would be cast in the role of general complaint bureau.’”
Judge Owen also disagreed with Border Network’s argument that it has standing because it was forced to divert time and resources to help members deal with the border wall construction.
“[T]he only concrete diversion of resources identified by BNHR is that the organization is giving significantly more ‘Know Your Rights’ presentations to the local community,” the majority opinion states. “The declaration admits that BNHR gave more presentations due to fear caused by the President’s proclamation, not due to any concern over the impacts of construction.”
The ruling reverses a block by U.S. District Judge David Briones in El Paso a year ago, who concluded the reallocation was illegal. Friday’s ruling also comes eleven months after the Fifth Circuit preliminarily lifted Briones’ block as it considered Trump’s appeal.
The case appears destined for the U.S. Supreme Court, as the Fifth Circuit has reached a different conclusion than the Ninth Circuit on Trump’s wall. The San Francisco-based Ninth Circuit ruled in June that a separate $2.5 billion that Trump reallocated from military counterdrug programs cannot be spent on the wall.
The Ninth Circuit concluded plaintiffs California and New Mexico had standing to sue by successfully showing “the actions of the federal defendants will cause particularized and concrete injuries in fact to the environment and wildlife of their respective states as well as their sovereign interests in enforcing their environmental laws.”
Judge Owen acknowledged the conflicting rulings in her opinion Friday, writing “we do not agree” with the Ninth Circuit’s finding of economic injury.
Owen was joined in the majority by U.S. Circuit Judge Catharina Dubbelday, a fellow Bush appointee.
Border Network executive director Fernando Garcia said Friday evening the plaintiffs have already filed an appeal with the Supreme Court.
“We are disappointed in the court of appeals' ruling and believe it is wrong, both because BNHR has clearly been injured by the President's abuse of power, and for the reasons stated by Judge Dennis in his dissent,” Garcia said in an email.
“We have already filed a petition in SCOTUS on this case and plan to continue to pursue our correct claim that the President's actions were a clear abuse of his executive power, a clear usurpation of Congress's power of the purse, and clearly injurious to the Border Network for Human Rights and the families we serve.“
U.S. Circuit Judge James Dennis, a Bill Clinton appointee, wrote a lengthy 48-page dissenting opinion that agreed with the county that the cancellation of the Fort Bliss road project caused a “discrete, tangible” injury that is distinct from injuries suffered by other localities.
“[O]ne is hard pressed to imagine any plaintiff that would be capable of challenging the border wall construction and the funding transfers that facilitated it under the majority’s unduly onerous standard,” Dennis wrote.
Dennis concluded Congress only appropriated $1.375 billion for border wall construction in the Consolidated Appropriations Act of 2019. The law was passed after Congress failed to fully fund the wall, leading to a lengthy shutdown of the federal government.
The judge said the law prevents the use of more money from the military to go to the wall.
President-elect Joe Biden has pledged to rescind the Trump declaration of a national emergency that triggered the use of military funds.


Amazon Surveillance

SAN DIEGO — A class of Amazon Flex drivers claim the e-retailing giant spies on their private Facebook group to @ @ @ @ @ and protests , unionizing efforts and warehouse and driving conditions .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


courthousenews--2020-12-06--Trump Presses Georgia Governor to Help Subvert Election

ATLANTA ( AP ) — President Donald Trump fruitlessly pressed Georgia ’ s governor on Saturday to call a special legislative session aimed at subverting the presidential election results in that state as Trump ’ s fixation with his defeat overshadowed his party ’ s campaign to save its majority in the Senate .
Trump and Georgia Gov .
Brian Kemp spoke by phone hours before Trump was to appear at a rally in Valdosta , Georgia , where Republicans hoped the president would dedicate his energy to imploring their supporters to vote in two runoff elections Jan. 5 .
@ @ @ @ @ @ @ his first postelection political rally would be a mission to help his party or himself .
Hours before the event , Trump asked Kemp in the phone call to order the legislative session ; the governor refused , according to a senior government official in Georgia with knowledge of the call who was not authorized to discuss the private conversation and spoke on the condition of anonymity .
A person close to the White House who was briefed on the matter verified that account of the call .
According to a tweet from @ @ @ @ @ @ @ to order an audit of signatures on absentee ballot envelopes in his state , a step Kemp is not empowered to take because he has no authority to interfere in the electoral process on Trump ’ s behalf .
Trump vented his frustrations on Twitter after the call .
“ Your people are refusing to do what you ask , ” he complained , as if speaking with Kemp .
“ What are they hiding ?
At least immediately ask for a Special Session of the Legislature .
That you can easily , @ @ @ @ @ @ @ s personal contact with the governor demonstrated he is intent on amplifying his conspiratorial and debunked theories of electoral fraud even as Georgia Republicans want him to turn his focus to the Jan. 5 runoff elections and encourage their supporters to get out and vote .
They ’ re worried that Trump is stoking so much suspicion about Georgia elections that voters will think the system is rigged and decide to sit out the two races , where Sens .
David Perdue and Kelly Loeffler are trying to withstand Democrats Jon Ossoff and @ @ @ @ @ @ @ the Senate under Republican control .
In his tweet , Kemp said : “ As I told the President this morning , I ’ ve publicly called for a signature audit three times ( 11/20 , 11/24 , 12/3 ) to restore confidence in our election process and to ensure that only legal votes are counted in Georgia.
” While the governor does not have the authority to order a signature audit , an audit was initiated by Secretary of State Brad Raffensperger and it triggered a full hand recount that confirmed President-elect @ @ @ @ @ @ @ .
The race has been certified for Biden and affirmed by the state ’ s Republican election officials as a fairly conducted and counted vote , with none of the systemic errors Trump alleges .
The president ’ s aides publicly scoffed at the idea that Trump might do anything at the evening Valdosta rally other than encourage Republicans to back Perdue and Loeffler .
“ I believe it ’ s the start of these two senators crossing the finish line , ” White House press secretary Kayleigh McEnany said on the eve @ @ @ @ @ @ @ credited Trump with being his party ’ s biggest turnout driver , noting that Republicans narrowed House Democrats ’ majority while several vulnerable Republican senators survived challenges by comfortable margins .
But after two pro-Trump lawyers this past week questioned whether voting again is even worth it — in echoes of the president ’ s baseless accusations of widespread voter fraud — even Vice President Mike Pence betrayed concerns that the Republican coalition could crack under the force of Trump ’ s grievances .
“ I know we ’ ve all got our @ @ @ @ @ @ @ I hear some of you saying , ‘ Just don ’ t vote , ' ” Pence said Friday while campaigning with Perdue in Savannah .
“ If you don ’ t vote , they win.
” Republicans need one more seat for a Senate majority .
Democrats need a Georgia sweep to force a 50-50 Senate and position Vice President-elect Kamala Harris as the tiebreaking majority vote .
Few Republicans in Washington or Georgia believe wide swaths of the electorate in this newfound battleground would opt out of voting because of Trump @ @ @ @ @ @ @ of the Georgia governor and secretary of state for certifying Biden ’ s victory in the state .
The risk for the GOP is that it wouldn ’ t take much of a drop-off to matter if the runoffs are as close as the presidential contest : Biden won Georgia by about 12,500 votes out of 5 million cast .
There ’ s enough noise to explain why Pence felt the need to confront the matter head on after two Trump loyalists floated the idea of the president ’ s supporters bailing on @ @ @ @ @ @ @ encourage all Georgians to make it known that you will not vote at all until your vote is secure — and I mean that regardless of party , ” lawyer Sidney Powell said this past week at a suburban Atlanta “ Stop the Steal ” rally .
Atlanta celebrity lawyer Lin Wood , who ’ s filed thus-far unsuccessful court challenges to Biden ’ s victory , insisted to Trump ’ s supporters that the state ’ s elections are “ rigged.
” Trump ’ s team has recently tried to dissociate itself @ @ @ @ @ @ @ were given a prominent platform in the flailing effort to overturn the presidential election results .
Moreover , Trump personal lawyer Rudy Giuliani returned Thursday to the Georgia Capitol for a marathon hearing that featured yet another airing of disproved claims .
Trump has been the source of party angst with his recent declarations that Kemp is “ hapless ” and Raffensperger is an “ enemy of the people ” because they didn ’ t block Biden ’ s Georgia victory .
State law gives them no avenue to do so .
It @ @ @ @ @ @ @ Barry Mann , a 61-year-old business owner who came to hear Pence in Savannah .
Mann hasn ’ t decided whether he ’ ll vote for his senators a second time .
“ I think there ’ s some issues with our election and more investigation needs to be done , ” Mann said , adding that he doesn ’ t think Perdue and Loeffler have done enough to support Trump ’ s efforts to overturn the results .
“ I want to see what happens between now and January , ” Mann @ @ @ @ @ @ @ this one requested by the president ’ s reelection campaign , was nearing completion .
Raffensperger could certify the election again as soon as Saturday ; the result is not expected to change .
By BILL BARROW and BEN NADLER Associated Press

President Donald Trump fruitlessly pressed Georgia's governor on Saturday to call a special legislative session aimed at subverting the presidential election results in that state as Trump's fixation with his defeat overshadowed his party's campaign to save its majority in the Senate.
ATLANTA (AP) — President Donald Trump fruitlessly pressed Georgia's governor on Saturday to call a special legislative session aimed at subverting the presidential election results in that state as Trump's fixation with his defeat overshadowed his party's campaign to save its majority in the Senate.
Trump and Georgia Gov. Brian Kemp spoke by phone hours before Trump was to appear at a rally in Valdosta, Georgia, where Republicans hoped the president would dedicate his energy to imploring their supporters to vote in two runoff elections Jan. 5.
But it remained an open question whether his first postelection political rally would be a mission to help his party or himself.
Hours before the event, Trump asked Kemp in the phone call to order the legislative session; the governor refused, according to a senior government official in Georgia with knowledge of the call who was not authorized to discuss the private conversation and spoke on the condition of anonymity. A person close to the White House who was briefed on the matter verified that account of the call.
According to a tweet from the governor, Trump also asked him to order an audit of signatures on absentee ballot envelopes in his state, a step Kemp is not empowered to take because he has no authority to interfere in the electoral process on Trump's behalf.
Trump vented his frustrations on Twitter after the call.
"Your people are refusing to do what you ask," he complained, as if speaking with Kemp. "What are they hiding? At least immediately ask for a Special Session of the Legislature. That you can easily, and immediately, do."
Trump's personal contact with the governor demonstrated he is intent on amplifying his conspiratorial and debunked theories of electoral fraud even as Georgia Republicans want him to turn his focus to the Jan. 5 runoff elections and encourage their supporters to get out and vote.
They're worried that Trump is stoking so much suspicion about Georgia elections that voters will think the system is rigged and decide to sit out the two races, where Sens. David Perdue and Kelly Loeffler are trying to withstand Democrats Jon Ossoff and Raphael Warnock, respectively, and keep the Senate under Republican control.
In his tweet, Kemp said: "As I told the President this morning, I've publicly called for a signature audit three times (11/20, 11/24, 12/3) to restore confidence in our election process and to ensure that only legal votes are counted in Georgia."
While the governor does not have the authority to order a signature audit, an audit was initiated by Secretary of State Brad Raffensperger and it triggered a full hand recount that confirmed President-elect Joe Biden's victory in Georgia. The race has been certified for Biden and affirmed by the state's Republican election officials as a fairly conducted and counted vote, with none of the systemic errors Trump alleges.
The president's aides publicly scoffed at the idea that Trump might do anything at the evening Valdosta rally other than encourage Republicans to back Perdue and Loeffler.
"I believe it's the start of these two senators crossing the finish line," White House press secretary Kayleigh McEnany said on the eve of Trump's visit. McEnany credited Trump with being his party's biggest turnout driver, noting that Republicans narrowed House Democrats' majority while several vulnerable Republican senators survived challenges by comfortable margins.
But after two pro-Trump lawyers this past week questioned whether voting again is even worth it — in echoes of the president's baseless accusations of widespread voter fraud — even Vice President Mike Pence betrayed concerns that the Republican coalition could crack under the force of Trump's grievances.
"I know we've all got our doubts about the last election, and I hear some of you saying, 'Just don't vote,'" Pence said Friday while campaigning with Perdue in Savannah. "If you don't vote, they win."
Republicans need one more seat for a Senate majority. Democrats need a Georgia sweep to force a 50-50 Senate and position Vice President-elect Kamala Harris as the tiebreaking majority vote.
Few Republicans in Washington or Georgia believe wide swaths of the electorate in this newfound battleground would opt out of voting because of Trump's false claims or his denigration of the Georgia governor and secretary of state for certifying Biden's victory in the state.
The risk for the GOP is that it wouldn't take much of a drop-off to matter if the runoffs are as close as the presidential contest: Biden won Georgia by about 12,500 votes out of 5 million cast. There's enough noise to explain why Pence felt the need to confront the matter head on after two Trump loyalists floated the idea of the president's supporters bailing on Perdue and Loeffler.
"I would encourage all Georgians to make it known that you will not vote at all until your vote is secure — and I mean that regardless of party," lawyer Sidney Powell said this past week at a suburban Atlanta "Stop the Steal" rally.
Atlanta celebrity lawyer Lin Wood, who's filed thus-far unsuccessful court challenges to Biden's victory, insisted to Trump's supporters that the state's elections are "rigged."
Trump's team has recently tried to dissociate itself from the pair but only after they were given a prominent platform in the flailing effort to overturn the presidential election results. Moreover, Trump personal lawyer Rudy Giuliani returned Thursday to the Georgia Capitol for a marathon hearing that featured yet another airing of disproved claims.
Trump has been the source of party angst with his recent declarations that Kemp is "hapless" and Raffensperger is an "enemy of the people" because they didn't block Biden's Georgia victory. State law gives them no avenue to do so.
It's resonated with voters such as Barry Mann, a 61-year-old business owner who came to hear Pence in Savannah. Mann hasn't decided whether he'll vote for his senators a second time.
"I think there's some issues with our election and more investigation needs to be done," Mann said, adding that he doesn't think Perdue and Loeffler have done enough to support Trump's efforts to overturn the results. "I want to see what happens between now and January," Mann said.
A third vote count, this one requested by the president's reelection campaign, was nearing completion. Raffensperger could certify the election again as soon as Saturday; the result is not expected to change.
By BILL BARROW and BEN NADLER Associated Press


courthousenews--2020-12-05--Scientists Use Drilling Vessel to Uncover Secrets of Life Under Ocean Floor

( CN ) — A new study conducted by an international team of researchers tackles a question that has vexed marine biologists and experts for decades : How hot is too hot for the clusters of microbial life that reside underneath the ocean floor ?
Researchers have long understood that of all the habitats around the planet , few are as harsh and unforgiving as the area directly below the ocean floor .
As one ventures deeper into the ocean sediment , temperatures and pressure gradually but significantly increase as you inch closer to the immense heat trapped within Earth @ @ @ @ @ @ @ researchers believed that this dense and dangerous environment underneath the ocean was void of any form of life and that the intense temperatures and low energy supply made it all but impossible for life to find a foothold .
That was , however , until roughly three decades ago when researchers made a startling discovery : despite these seemingly inhospitable conditions , microorganisms such as bacteria do in fact live below the ocean floor and can continue to thrive at depths of at least a few miles below the seabed .
Despite this @ @ @ @ @ @ @ the microbial life that lives below the ocean .
This led experts to conduct a research endeavor between the Japan Agency for Marine-Earth Science and Technology ( JAMSTEC ) and MARUM Center for Marine Environmental Sciences at the University of Bremen in Germany that sought to learn more about this complex biosphere buried in the planet .
In a study published Thursday in the journal Science , researchers announced their findings after conducting a massive drilling operation off the coast of Japan where they used a deep-sea drilling vessel known as Chikyu to @ @ @ @ @ @ @ ocean , the only vessel in the world currently capable of pulling off such a task .
Using these resources , researchers were able to explore how far down into the Earth they could go before the temperatures became so intense that even the evidently heat-loving microbial life forms could no longer withstand it .
Fumio Inagaki of JAMSTEC and co-chief scientist on the project , reports that the results of the experiment were somewhat unexpected .
“ Surprisingly , the microbial population density collapsed at a temperature of only about 45 degrees @ @ @ @ @ @ @ of the study .
“ It is fascinating — in the high-temperature ocean floor there are broad depth intervals that are almost lifeless .
But then we were able to detect cells and microbial activity again in deeper , even hotter zones — up to a temperature of 120 degrees.
” Researchers report that while populations of vegetative cells , a type of bacteria that grows on its own instead of creating spores , rapidly declined at temperatures of around 122 degrees Fahrenheit , endospore populations greatly increased at temperatures of around 185 @ @ @ @ @ @ @ the highest recorded temperature on the surface of Earth .
Researchers note that this unexpected discovery likely comes from the fact that endospores , which are typically dormant cells that live inside certain bacteria , have a unique ability to activate themselves and enter a live state when they find themselves in conditions they prefer .
The study reports that the findings would not have been made possible were it not for the tremendous advancements made recently in life detection technology and that preventing contamination of the sediment samples was a top priority @ @ @ @ @ @ @ about potentially contaminating some of the more crucial samples that some were given special transport by helicopter to special laboratories in Kochi , Japan where they could be safely examined under the strictest of conditions .
Verena Heuer of the MARUM Center for Marine Environmental Sciences at the University of Bremen and co-chief scientist of the project says that while the revelations of the study itself are intriguing , such results would also not have be possible were it not for the dedicated researchers around the world , comprised of 43 authors from @ @ @ @ @ @ @ who came together to attempt such an exhaustive research effort .
“ With every expedition , advances are made in technical and analytical methods ; researchers with diverse backgrounds and new ideas come together each time in order to answer a scientific question , ” Heuer said .
“ And that is fascinating .
Every new hole opens a window to new knowledge .
”

A new study conducted by an international team of researchers tackles a question that has vexed marine biologists and experts for decades: How hot is too hot for the clusters of microbial life that reside underneath the ocean floor?
(CN) — A new study conducted by an international team of researchers tackles a question that has vexed marine biologists and experts for decades: How hot is too hot for the clusters of microbial life that reside underneath the ocean floor?
Researchers have long understood that of all the habitats around the planet, few are as harsh and unforgiving as the area directly below the ocean floor. As one ventures deeper into the ocean sediment, temperatures and pressure gradually but significantly increase as you inch closer to the immense heat trapped within Earth’s core.
For years, researchers believed that this dense and dangerous environment underneath the ocean was void of any form of life and that the intense temperatures and low energy supply made it all but impossible for life to find a foothold.
That was, however, until roughly three decades ago when researchers made a startling discovery: despite these seemingly inhospitable conditions, microorganisms such as bacteria do in fact live below the ocean floor and can continue to thrive at depths of at least a few miles below the seabed.
Despite this discovery, relatively little is known about the microbial life that lives below the ocean. This led experts to conduct a research endeavor between the Japan Agency for Marine-Earth Science and Technology (JAMSTEC) and MARUM Center for Marine Environmental Sciences at the University of Bremen in Germany that sought to learn more about this complex biosphere buried in the planet.
In a study published Thursday in the journal Science, researchers announced their findings after conducting a massive drilling operation off the coast of Japan where they used a deep-sea drilling vessel known as Chikyu to obtain sediment samples from miles beneath the ocean, the only vessel in the world currently capable of pulling off such a task.
Using these resources, researchers were able to explore how far down into the Earth they could go before the temperatures became so intense that even the evidently heat-loving microbial life forms could no longer withstand it.
Fumio Inagaki of JAMSTEC and co-chief scientist on the project, reports that the results of the experiment were somewhat unexpected.
“Surprisingly, the microbial population density collapsed at a temperature of only about 45 degrees," Inagaki said with the release of the study. "It is fascinating — in the high-temperature ocean floor there are broad depth intervals that are almost lifeless. But then we were able to detect cells and microbial activity again in deeper, even hotter zones — up to a temperature of 120 degrees."
Researchers report that while populations of vegetative cells, a type of bacteria that grows on its own instead of creating spores, rapidly declined at temperatures of around 122 degrees Fahrenheit, endospore populations greatly increased at temperatures of around 185 degrees Fahrenheit — temperatures that far exceed the highest recorded temperature on the surface of Earth.
Researchers note that this unexpected discovery likely comes from the fact that endospores, which are typically dormant cells that live inside certain bacteria, have a unique ability to activate themselves and enter a live state when they find themselves in conditions they prefer.
The study reports that the findings would not have been made possible were it not for the tremendous advancements made recently in life detection technology and that preventing contamination of the sediment samples was a top priority.
Researchers say they were so concerned about potentially contaminating some of the more crucial samples that some were given special transport by helicopter to special laboratories in Kochi, Japan where they could be safely examined under the strictest of conditions.
Verena Heuer of the MARUM Center for Marine Environmental Sciences at the University of Bremen and co-chief scientist of the project says that while the revelations of the study itself are intriguing, such results would also not have be possible were it not for the dedicated researchers around the world, comprised of 43 authors from 29 different institutes representing nine countries, who came together to attempt such an exhaustive research effort.
"With every expedition, advances are made in technical and analytical methods; researchers with diverse backgrounds and new ideas come together each time in order to answer a scientific question," Heuer said. "And that is fascinating. Every new hole opens a window to new knowledge."


courthousenews--2020-12-05--Orange County: California’s Political Battleground

( CN ) — In 1988 , in the waning days of his presidency , President Ronald Reagan made a stop in Fullerton , California , to stump for his Vice President George H.W .
Bush and proclaimed , “ Orange County is where the good Republicans go before they die.
” This remark met with laughter and applause at the time and has since continued to reinforce the notion that the GOP , which has steadily lost influence in the most populous state in the nation , could count on Orange County as a bastion for Republicans in an @ @ @ @ @ @ @ appeared to explode in 2018 , when Orange County voters paddled a board of anti-Trump sentiment into a blue wave that some on the Democratic side pronounced as proof positive that all coastal California was now firmly Democratic real estate .
But 2020 saw that blue wave pulled back by a red undertow , as Republicans Michelle Steel and Young Kim upset incumbent Democrats Harley Rouda and Gil Cisneros , respectively .
This has led some to declare that 2018 was an aberration and Orange County will remain staunchly red for the foreseeable @ @ @ @ @ @ @ : Orange County is essentially up for grabs .
“ You had incredibly close elections in 2018 and you had incredibly close elections again this year , ” said Thad Kousser , a political science professor at the University of California , San Diego .
“ Both elections were on a knife ’ s edge.
” In November , Steel prevailed by just over 2 % of the vote , while Kim eked out a victory by around 4,000 votes .
The narrow margins reflect an Orange County that has grown more demographically @ @ @ @ @ @ @ evolving from a majority-white suburban enclave into a community more reflective of the state overall .
“ Orange County has gotten more purple , ” said Jack Pitney , a political science professor at Claremont McKenna College .
And there are other factors at play .
In 2018 , Democrats defeated white incumbents like Dana Rohrabacher and Mimi Walters with a slate of young diverse candidates .
The GOP used that playbook to vouchsafe its own gains in the latest cycle — Kim and Steel are both Korean Americans and young with established @ @ @ @ @ @ @ beyond Orange County in 2020 , as Mike Garcia , a Latino , retained his seat he won after Democratic Rep. Katie Hill — a 2018 flip herself — resigned , and David Valadao beat out T.J. Cox to retake the Central Valley seat he lost to Cox in 2018 .
In all , Republicans clawed back four of the seven districts Democrats wrested from the previous cycle .
“ In the House races , nearly all the flips involved a Republican who was a woman , a person of color or a @ @ @ @ @ @ @ They did a really good job of recruiting.
” Republicans using a diverse cohort to forward its ideas could be a means of regaining relevancy in California and other places where local GOP candidates are hurt by the national brand and outgoing President Donald Trump .
“ The new face of the Republican Party is the new face of California , and the party hopes it will lead to a revitalization in California , ” Kousser said .
In Orange County , where Asian Americans and Latinos account for slightly more than half @ @ @ @ @ @ @ can appeal to them culturally as well as ideologically appeared to be a good move .
It could serve as a playbook for the party across the state and nationally , Kousser said .
But Republicans shouldn ’ t rest on their laurels despite the notable victories .
Democratic Rep. Katie Porter , whose district also encompasses portions of Orange County , beat a Republican challenger by 7 points in a seat that was once secure for the GOP .
Trump , who energized voters elsewhere , lost Orange County by a decisive @ @ @ @ @ @ @ the vote in the county compared to 53 % for President-elect Joe Biden .
“ Republican candidates actually did quite badly in California this cycle , ” said Kousser .
“ They lost seats in the Legislature and lost a lot of seats in local government.
” John Moorlach , an incumbent Republican state senator who represents part of Orange County , got beat out by Democrat Dave Min .
Republican state Senator Ling Ling Chang , another incumbent whose district covers portions of Orange County , also lost her seat to Democratic @ @ @ @ @ @ @ hold off on celebrations as well .
Porter won by beating the type of Republican — a white man named Greg Raths who spent most of his campaign talking about his military service — who may be consigned to the ash heap of history in this part of California .
If Republicans repeat the Michelle Steel-Young Kim playbook in that district , Porter may have a more robust challenge on her hands .
“ There are still a lot of Republicans in Orange County , ” Pitney said .
Pitney also noted the @ @ @ @ @ @ @ Democrats and it is unlikely such conditions will repeat again anytime soon .
“ The Republicans were particularly vulnerable two years ago because of the top of the ticket , ” he said .
“ There was no suspense about the governor ’ s race .
Everybody knew Newsom was going to win and win big.
” In the U.S. Senate race , Dianne Feinstein ran against another Democrat in Kevin De Leon .
“ Democrats were motivated to show up in 2018 and Republicans were not , ” Pitney said .
“ @ @ @ @ @ @ @ were motivated.
” All of which means neither party should be particularly confident when it comes to the future of Orange County politics .
“ These seats and this area are up for grabs , ” Kousser said .
“ The story that Orange County went from deep red to deep blue was always overblown .
The truth is , that if you look closely at the trends , it was an incremental change that changed Orange County from a red stronghold to purple.
” California is a place of extremes .
In @ @ @ @ @ @ @ and their suburbs , the voting bloc is reliably Democratic .
The Republicans can safely plant their flags in the more rural parts of the state , from the Central Valley to the northern reaches of the state and throughout the Sierra counties .
But Orange County is a notable exception , a battleground where both parties will likely test the efficacy of their ideas and political messages .
“ In the long run , Democrats will likely get stronger in Orange County given the demographic trends , ” Pitney said .
“ @ @ @ @ @ @ @ in these suburbs for the foreseeable future as long as they run good candidates .
”

California is a place of extremes. In places like San Francisco and Los Angeles and their suburbs, the voting bloc is reliably Democratic. The Republicans can safely plant their flags in the more rural parts of the state. But Orange County is a notable exception, a battleground where both parties will likely test the efficacy of their ideas and political messages.
(CN) — In 1988, in the waning days of his presidency, President Ronald Reagan made a stop in Fullerton, California, to stump for his Vice President George H.W. Bush and proclaimed, “Orange County is where the good Republicans go before they die.”
This remark met with laughter and applause at the time and has since continued to reinforce the notion that the GOP, which has steadily lost influence in the most populous state in the nation, could count on Orange County as a bastion for Republicans in an increasingly blue coastal California.
This notion appeared to explode in 2018, when Orange County voters paddled a board of anti-Trump sentiment into a blue wave that some on the Democratic side pronounced as proof positive that all coastal California was now firmly Democratic real estate.
But 2020 saw that blue wave pulled back by a red undertow, as Republicans Michelle Steel and Young Kim upset incumbent Democrats Harley Rouda and Gil Cisneros, respectively. This has led some to declare that 2018 was an aberration and Orange County will remain staunchly red for the foreseeable future.
The truth is more nuanced: Orange County is essentially up for grabs.
“You had incredibly close elections in 2018 and you had incredibly close elections again this year,” said Thad Kousser, a political science professor at the University of California, San Diego. “Both elections were on a knife’s edge.”
In November, Steel prevailed by just over 2% of the vote, while Kim eked out a victory by around 4,000 votes.
The narrow margins reflect an Orange County that has grown more demographically and ideologically diverse in recent decades, evolving from a majority-white suburban enclave into a community more reflective of the state overall.
“Orange County has gotten more purple,” said Jack Pitney, a political science professor at Claremont McKenna College.
And there are other factors at play.
In 2018, Democrats defeated white incumbents like Dana Rohrabacher and Mimi Walters with a slate of young diverse candidates. The GOP used that playbook to vouchsafe its own gains in the latest cycle — Kim and Steel are both Korean Americans and young with established political brands.
“They ran good candidates,” Pitney said.
The red tide extended beyond Orange County in 2020, as Mike Garcia, a Latino, retained his seat he won after Democratic Rep. Katie Hill — a 2018 flip herself — resigned, and David Valadao beat out T.J. Cox to retake the Central Valley seat he lost to Cox in 2018. In all, Republicans clawed back four of the seven districts Democrats wrested from the previous cycle.
“In the House races, nearly all the flips involved a Republican who was a woman, a person of color or a veteran,” Pitney said. “They did a really good job of recruiting.”
Republicans using a diverse cohort to forward its ideas could be a means of regaining relevancy in California and other places where local GOP candidates are hurt by the national brand and outgoing President Donald Trump.
“The new face of the Republican Party is the new face of California, and the party hopes it will lead to a revitalization in California,” Kousser said.
In Orange County, where Asian Americans and Latinos account for slightly more than half of the population, running candidates who can appeal to them culturally as well as ideologically appeared to be a good move. It could serve as a playbook for the party across the state and nationally, Kousser said.
But Republicans shouldn’t rest on their laurels despite the notable victories.
Democratic Rep. Katie Porter, whose district also encompasses portions of Orange County, beat a Republican challenger by 7 points in a seat that was once secure for the GOP. Trump, who energized voters elsewhere, lost Orange County by a decisive margin, managing just 44% of the vote in the county compared to 53% for President-elect Joe Biden.
“Republican candidates actually did quite badly in California this cycle,” said Kousser. “They lost seats in the Legislature and lost a lot of seats in local government.”
John Moorlach, an incumbent Republican state senator who represents part of Orange County, got beat out by Democrat Dave Min. Republican state Senator Ling Ling Chang, another incumbent whose district covers portions of Orange County, also lost her seat to Democratic challenger Josh Newman.
But Democrats should hold off on celebrations as well.
Porter won by beating the type of Republican — a white man named Greg Raths who spent most of his campaign talking about his military service — who may be consigned to the ash heap of history in this part of California. If Republicans repeat the Michelle Steel-Young Kim playbook in that district, Porter may have a more robust challenge on her hands.
“There are still a lot of Republicans in Orange County,” Pitney said.
Pitney also noted the conditions in 2018 were extremely favorable to Democrats and it is unlikely such conditions will repeat again anytime soon.
“The Republicans were particularly vulnerable two years ago because of the top of the ticket,” he said. “There was no suspense about the governor’s race. Everybody knew Newsom was going to win and win big.”
In the U.S. Senate race, Dianne Feinstein ran against another Democrat in Kevin De Leon.
“Democrats were motivated to show up in 2018 and Republicans were not,” Pitney said. “Fast forward two years and both sides were motivated.”
All of which means neither party should be particularly confident when it comes to the future of Orange County politics.
“These seats and this area are up for grabs,” Kousser said. “The story that Orange County went from deep red to deep blue was always overblown. The truth is, that if you look closely at the trends, it was an incremental change that changed Orange County from a red stronghold to purple.”
California is a place of extremes. In places like San Francisco and Los Angeles and their suburbs, the voting bloc is reliably Democratic. The Republicans can safely plant their flags in the more rural parts of the state, from the Central Valley to the northern reaches of the state and throughout the Sierra counties.
But Orange County is a notable exception, a battleground where both parties will likely test the efficacy of their ideas and political messages.
“In the long run, Democrats will likely get stronger in Orange County given the demographic trends,” Pitney said. “But Republicans are going to be competitive in these suburbs for the foreseeable future as long as they run good candidates.”


courthousenews--2020-12-05--Gene-Editing Treatment Shows Promise for Sickle Cell Disease

( AP ) — Scientists are seeing promising early results from the first studies testing gene editing for painful , inherited blood disorders that plague millions worldwide .
Doctors hope the one-time treatment , which involves permanently altering DNA in blood cells with a tool called CRISPR , may treat and possibly cure sickle cell disease and beta thalassemia .
Partial results were presented Saturday at an American Society of Hematology conference and some were published by the New England Journal of Medicine .
Doctors described 10 patients who are at least several months removed from their treatment .
All @ @ @ @ @ @ @ are free from pain crises that plagued their lives before .
Victoria Gray , the first patient in the sickle cell study , had long suffered severe pain bouts that often sent her to the hospital .
“ I had aching pains , sharp pains , burning pains , you name it .
That ’ s all I ’ ve known my entire life , ” said Gray , 35 , who lives in Forest , Mississippi .
“ I was hurting everywhere my blood flowed.
” Since her treatment a year ago @ @ @ @ @ @ @ medications she depended on to manage her symptoms .
“ It ’ s something I prayed for my whole life , ” she said .
“ I pray everyone has the same results I did.
” Sickle cell affects millions , mostly Black people .
Beta thalassemia strikes about one in 100,000 people .
The only cure now is a bone marrow transplant from a closely matched donor without the disease like a sibling , which most people don ’ t have .
Both diseases involve mutations in a gene for hemoglobin , @ @ @ @ @ @ @ carries oxygen throughout the body .
In sickle cell , defective hemoglobin leads to deformed , crescent-shaped blood cells that don ’ t carry oxygen well .
They can stick together and clog small vessels , causing pain , organ damage and strokes .
Those with beta thalassemia don ’ t have enough normal hemoglobin , and suffer anemia , fatigue , shortness of breath and other symptoms .
Severe cases require transfusions every two to five weeks .
The treatment studied attacks the problem at its genetic roots .
In the womb @ @ @ @ @ @ @ hemoglobin .
After birth , when babies breathe on their own , a gene is activated that instructs cells to switch and make an adult form of hemoglobin instead .
The adult hemoglobin is what ’ s defective in people with one of these diseases .
The CRISPR editing aims to cut out the switching gene .
“ What we are doing is turning that switch back off and making the cells think they are back in utero , basically , ” so they make fetal hemoglobin again , said one study leader @ @ @ @ @ @ @ Cannon Research Institute in Nashville .
The treatment involves removing stem cells from the patient ’ s blood , then using CRISPR in a lab to knock out the switching gene .
Patients are given strong medicines to kill off their other , flawed blood-producing cells .
Then they are given back their own lab-altered stem cells .
Saturday ’ s results were on the first 10 patients , seven with beta thalassemia and three with sickle cell .
The two studies in Europe and the United States are ongoing and will enroll @ @ @ @ @ @ @ suggest the gene editing is working as desired with no unintended effects , Frangoul said .
“ The preliminary results are extremely encouraging , ” he said .
The study was sponsored by the therapy ’ s makers — CRISPR Therapeutics , with headquarters in Zug , Switzerland , and Massachusetts-based Vertex Pharmaceuticals .
Some study leaders consult for the companies .
Separately , Dr. David Williams of Harvard-affiliated Boston Children ’ s Hospital gave partial results from a study testing a novel type of gene therapy that also seeks to restore fetal @ @ @ @ @ @ @ .
Six patients including one as young as 7 were given the treatment , in which some of their blood stem cells were removed and altered in the lab to muffle the hemoglobin switching gene .
None have had pain crises , five of the six no longer need transfusions and all have near-normal hemoglobin , he reported at the conference and in the medical journal .
Government grants paid for the work .
Williams is named on a patent for the therapy , which Boston Children ’ s has licensed to Bluebird @ @ @ @ @ @ @ The company provided the therapy for the study , which will enroll 10 people in all to establish safety .
A larger study to test effectiveness is planned .
Williams , who was not involved in Frangoul ’ s study , said it “ validates this approach ” of targeting the hemoglobin switching gene to tackle sickle cell .

Scientists are seeing promising early results from the first studies testing gene editing for painful, inherited blood disorders that plague millions worldwide.
(AP) — Scientists are seeing promising early results from the first studies testing gene editing for painful, inherited blood disorders that plague millions worldwide.
Doctors hope the one-time treatment, which involves permanently altering DNA in blood cells with a tool called CRISPR, may treat and possibly cure sickle cell disease and beta thalassemia.
Partial results were presented Saturday at an American Society of Hematology conference and some were published by the New England Journal of Medicine.
Doctors described 10 patients who are at least several months removed from their treatment. All no longer need regular blood transfusions and are free from pain crises that plagued their lives before.
Victoria Gray, the first patient in the sickle cell study, had long suffered severe pain bouts that often sent her to the hospital.
"I had aching pains, sharp pains, burning pains, you name it. That's all I've known my entire life," said Gray, 35, who lives in Forest, Mississippi. "I was hurting everywhere my blood flowed."
Since her treatment a year ago, Gray has weaned herself from pain medications she depended on to manage her symptoms.
"It's something I prayed for my whole life," she said. "I pray everyone has the same results I did."
Sickle cell affects millions, mostly Black people. Beta thalassemia strikes about one in 100,000 people. The only cure now is a bone marrow transplant from a closely matched donor without the disease like a sibling, which most people don't have.
Both diseases involve mutations in a gene for hemoglobin, the substance in red blood cells that carries oxygen throughout the body.
In sickle cell, defective hemoglobin leads to deformed, crescent-shaped blood cells that don't carry oxygen well. They can stick together and clog small vessels, causing pain, organ damage and strokes.
Those with beta thalassemia don't have enough normal hemoglobin, and suffer anemia, fatigue, shortness of breath and other symptoms. Severe cases require transfusions every two to five weeks.
The treatment studied attacks the problem at its genetic roots.
In the womb, fetuses make a special type of hemoglobin. After birth, when babies breathe on their own, a gene is activated that instructs cells to switch and make an adult form of hemoglobin instead. The adult hemoglobin is what's defective in people with one of these diseases. The CRISPR editing aims to cut out the switching gene.
"What we are doing is turning that switch back off and making the cells think they are back in utero, basically," so they make fetal hemoglobin again, said one study leader, Dr. Haydar Frangoul of the Sarah Cannon Research Institute in Nashville.
The treatment involves removing stem cells from the patient's blood, then using CRISPR in a lab to knock out the switching gene. Patients are given strong medicines to kill off their other, flawed blood-producing cells. Then they are given back their own lab-altered stem cells.
Saturday's results were on the first 10 patients, seven with beta thalassemia and three with sickle cell. The two studies in Europe and the United States are ongoing and will enroll 45 patients each.
Tests so far suggest the gene editing is working as desired with no unintended effects, Frangoul said.
"The preliminary results are extremely encouraging," he said.
The study was sponsored by the therapy's makers — CRISPR Therapeutics, with headquarters in Zug, Switzerland, and Massachusetts-based Vertex Pharmaceuticals. Some study leaders consult for the companies.
Separately, Dr. David Williams of Harvard-affiliated Boston Children's Hospital gave partial results from a study testing a novel type of gene therapy that also seeks to restore fetal hemoglobin production for those with sickle cell.
Six patients including one as young as 7 were given the treatment, in which some of their blood stem cells were removed and altered in the lab to muffle the hemoglobin switching gene. None have had pain crises, five of the six no longer need transfusions and all have near-normal hemoglobin, he reported at the conference and in the medical journal.
Government grants paid for the work. Williams is named on a patent for the therapy, which Boston Children's has licensed to Bluebird Bio Inc. of Cambridge, Massachusetts. The company provided the therapy for the study, which will enroll 10 people in all to establish safety. A larger study to test effectiveness is planned.
Williams, who was not involved in Frangoul's study, said it "validates this approach" of targeting the hemoglobin switching gene to tackle sickle cell.


courthousenews--2020-12-05--High Court to Decide Whether Nazi Art Case Stays in US Court

WASHINGTON ( AP ) — Jed Leiber was an adult before he learned that his family was once part-owner of a collection of centuries-old religious artworks now said to be worth at least $ 250 million .
Over a steak dinner at a New York City restaurant in the 1990s he had asked his mother about his grandfather , a prominent art dealer who fled Germany after Adolf Hitler came to power .
“ What was grandpa most proud of in his business ?
” he asked .
“ He was very , very proud to have acquired the Guelph @ @ @ @ @ @ @ sell it to the Nazis , ” she told him .
That conversation set Leiber , of West Hollywood , California , on a decadeslong mission to reclaim some 40 pieces of the Guelph Treasure on display in a Berlin museum .
It ’ s a pursuit that has now landed him at the Supreme Court , in a case to be argued Monday .
For centuries , the collection , called the Welfenschatz in German , was owned by German royalty .
It includes elaborate containers used to store Christian relics ; @ @ @ @ @ @ @ .
Many are silver or gold and decorated with gems .
In 2015 , Leiber ’ s quest for the collection led to a lawsuit against Germany and the the Prussian Cultural Heritage Foundation .
The state-run foundation owns the collection and runs Berlin ’ s Museum of Decorative Arts , where the collection is housed .
Germany and the foundation asked the trial-level court to dismiss the suit , but the court declined .
An appeals court also kept the suit alive .
Now , the Supreme Court , which has been @ @ @ @ @ @ @ coronavirus pandemic , will weigh in .
A separate case involving Hungarian Holocaust victims is being heard the same day .
At this point , the Guelph Treasure case is not about whether Leiber ’ s grandfather and the two other Frankfurt art dealer firms that joined to purchase the collection in 1929 were forced to sell it , a claim Germany and the foundation dispute .
It ’ s just about whether Leiber and two other heirs of those dealers , New Mexico resident Alan Philipp and London resident Gerald Stiebel , @ @ @ @ @ @ @ in U.S. courts .
In a statement , Hermann Parzinger , president of the Prussian Cultural Heritage Foundation , argued that the suit should be dismissed .
The foundation and Germany have the Trump administration ’ s support .
“ Our view is that Germany is the proper jurisdiction for a case which involves a sale of a collection of medieval German art by German art dealers to a German state , ” Parzinger said .
The suit ’ s claim that the Guelph Treasure was sold under Nazi pressure was also diligently @ @ @ @ @ @ @ The foundation found that the sale was made voluntarily and for fair market value .
A German commission dedicated to investigating claims of property stolen by the Nazis agreed .
Parzinger said records “ clearly show that there were long and tough negotiations on the price and that the two sides met exactly in the middle of their initial starting prices.
” The art dealers ’ heirs , however , say the purchase price , 4.25 million Reichsmark , was about one-third of what the collection was worth .
Under international law principles @ @ @ @ @ @ @ Nazi Germany are also presumed to have been done under pressure and therefore invalid , said the heirs ’ attorney , Nicholas O ’ Donnell .
Leiber ’ s grandfather , Saemy Rosenberg , and the two other Frankfurt art dealer firms he joined with to purchase the Guelph Treasure did sell other pieces of the collection outside of Germany .
But their timing was unfortunate .
The Great Depression hit soon after they purchased the collection .
Some of the pieces were sold to The Cleveland Museum of Art or private collectors @ @ @ @ @ @ @ the remaining pieces in 1935 .
The two sides disagree on whether the collection was ultimately presented to Hitler as a gift .
Leiber says his grandfather never said anything to him about the collection , though the two played chess together on Sundays from the time he was 5 to when he was 11 .
“ He never spoked of the war .
He never spoke of what he lost .
He never spoke of the horrors that he and the family experienced .
… I think it was very important to @ @ @ @ @ @ @ move forward , ” Leiber said .
Rosenberg reestablished his art business in New York .
When he died in 1971 , The New York Times called him a “ leading international art dealer , ” noting that his clients had included oil tycoon Paul Getty , CBS Chairman William S. Paley and the Metropolitan Museum of Art .
In the nearly 50 years since his grandfather ’ s death , Leiber has had his own star-studded career .
In 1992 , he founded NightBird Recording Studios at the Sunset Marquis Hotel in @ @ @ @ @ @ @ included Madonna , U2 , Miley Cyrus and Justin Bieber .
He ’ s particularly proud of his work with guitarist Jeff Beck and the late Aretha Franklin .
But his grandfather was a singular influence on him .
“ He ’ s a super-human figure in my life , ” Leiber said .
“ And I decided that I had to do whatever it took to have returned what was taken from him .
”

Jed Leiber was an adult before he learned that his family was once part-owner of a collection of centuries-old religious artworks now said to be worth at least $250 million.
WASHINGTON (AP) — Jed Leiber was an adult before he learned that his family was once part-owner of a collection of centuries-old religious artworks now said to be worth at least $250 million.
Over a steak dinner at a New York City restaurant in the 1990s he had asked his mother about his grandfather, a prominent art dealer who fled Germany after Adolf Hitler came to power. "What was grandpa most proud of in his business?" he asked.
"He was very, very proud to have acquired the Guelph Treasure, and then was forced to sell it to the Nazis," she told him.
That conversation set Leiber, of West Hollywood, California, on a decadeslong mission to reclaim some 40 pieces of the Guelph Treasure on display in a Berlin museum. It's a pursuit that has now landed him at the Supreme Court, in a case to be argued Monday.
For centuries, the collection, called the Welfenschatz in German, was owned by German royalty. It includes elaborate containers used to store Christian relics; small, intricate altars and ornate crosses. Many are silver or gold and decorated with gems.
In 2015, Leiber's quest for the collection led to a lawsuit against Germany and the the Prussian Cultural Heritage Foundation. The state-run foundation owns the collection and runs Berlin's Museum of Decorative Arts, where the collection is housed. Germany and the foundation asked the trial-level court to dismiss the suit, but the court declined. An appeals court also kept the suit alive.
Now, the Supreme Court, which has been hearing arguments by telephone because of the coronavirus pandemic, will weigh in. A separate case involving Hungarian Holocaust victims is being heard the same day.
At this point, the Guelph Treasure case is not about whether Leiber's grandfather and the two other Frankfurt art dealer firms that joined to purchase the collection in 1929 were forced to sell it, a claim Germany and the foundation dispute. It's just about whether Leiber and two other heirs of those dealers, New Mexico resident Alan Philipp and London resident Gerald Stiebel, can continue seeking the objects' return in U.S. courts.
In a statement, Hermann Parzinger, president of the Prussian Cultural Heritage Foundation, argued that the suit should be dismissed. The foundation and Germany have the Trump administration's support.
"Our view is that Germany is the proper jurisdiction for a case which involves a sale of a collection of medieval German art by German art dealers to a German state," Parzinger said.
The suit's claim that the Guelph Treasure was sold under Nazi pressure was also diligently investigated in Germany, he said. The foundation found that the sale was made voluntarily and for fair market value. A German commission dedicated to investigating claims of property stolen by the Nazis agreed.
Parzinger said records "clearly show that there were long and tough negotiations on the price and that the two sides met exactly in the middle of their initial starting prices."
The art dealers' heirs, however, say the purchase price, 4.25 million Reichsmark, was about one-third of what the collection was worth. Under international law principles, sales of property by Jews in Nazi Germany are also presumed to have been done under pressure and therefore invalid, said the heirs' attorney, Nicholas O'Donnell.
Leiber's grandfather, Saemy Rosenberg, and the two other Frankfurt art dealer firms he joined with to purchase the Guelph Treasure did sell other pieces of the collection outside of Germany. But their timing was unfortunate. The Great Depression hit soon after they purchased the collection. Some of the pieces were sold to The Cleveland Museum of Art or private collectors. The Nazi-controlled state of Prussia bought the remaining pieces in 1935. The two sides disagree on whether the collection was ultimately presented to Hitler as a gift.
Leiber says his grandfather never said anything to him about the collection, though the two played chess together on Sundays from the time he was 5 to when he was 11.
"He never spoked of the war. He never spoke of what he lost. He never spoke of the horrors that he and the family experienced. ... I think it was very important to him to keep moving on, to move forward," Leiber said.
Rosenberg reestablished his art business in New York. When he died in 1971, The New York Times called him a "leading international art dealer," noting that his clients had included oil tycoon Paul Getty, CBS Chairman William S. Paley and the Metropolitan Museum of Art.
In the nearly 50 years since his grandfather's death, Leiber has had his own star-studded career. In 1992, he founded NightBird Recording Studios at the Sunset Marquis Hotel in West Hollywood, where his clients have included Madonna, U2, Miley Cyrus and Justin Bieber. He's particularly proud of his work with guitarist Jeff Beck and the late Aretha Franklin. But his grandfather was a singular influence on him.
"He's a super-human figure in my life," Leiber said. "And I decided that I had to do whatever it took to have returned what was taken from him."
By JESSICA GRESKO Associated Press