courthousenews--2020-10-09--Texas Officer Fired After Being Charged in Shooting Death

GREENVILLE , Texas ( CN ) — An East Texas town fired white police officer Shaun Lucas Thursday , five days after he shot and killed an unarmed Black man who reportedly offered him a handshake after breaking up a fight .
Wolfe City officials announced the termination on the city ’ s Facebook page , stating they have “ fully cooperated ” with a criminal investigation by the Texas Rangers and the Hunt County District Attorney ’ s office in the shooting death of Jonathan Price .
“ Earlier today Mr. Lucas was terminated for his egregious violation of @ @ @ @ @ @ @ ’ s policies , ” the city said .
“ As the mayor and council of Wolfe City we want to extend our gratitude that the gatherings in support of Mr. Price and his family have remained peaceful .
Wolfe City is a tight-knit community , and we join you in mourning Jonathan ’ s death and the events of the last week.
” The statement asked for support for the city ’ s employees since Price , 31 , was a city employee and many of his coworkers also worked with Lucas @ @ @ @ @ @ @ on administrative leave pending the investigation .
The Rangers arrested Lucas , 22 , on Monday on a murder charge .
He is currently being held on $ 1 million bond , according to Collin County Jail records .
The Rangers said Lucas was responding to reports of a fight at a convenience store .
Price was not a participant in the fight , he reportedly helped end it and greeted Lucas as he arrived .
“ Officer Lucas attempted to detain Price , who resisted in a non-threatening posture and began walking @ @ @ @ @ @ @ a statement .
“ Officer Lucas deployed his Taser , followed by discharging his service weapon striking Price .
EMS was notified and Price was transported to Hunt Regional Hospital , where he later died .
The preliminary investigation indicates that the actions of Officer Lucas were not objectionably reasonable.
” Body camera footage of the arrest has yet to be released to the public .
According to a probable cause affidavit released Wednesday , Price “ came very close to Officer Lucas , asking ‘ You doing good ?
’ multiple times @ @ @ @ @ @ @ hands .
“ Price apologized for broken glass on the ground and states someone had tried to ‘ wrap me up , ’ ” the affidavit stated .
Lucas told the Rangers he thought Price was drunk and that when he tried to detain him , Price allegedly said “ I can ’ t be detained.
” Lucas said he fired his Taser when Price walked away , taking out his gun to shoot Price four times when he walked towards the cop and allegedly tried to reach for the Taser .
Lee @ @ @ @ @ @ @ attorney , has yet to comment on Lucas ’ firing .
A press conference scheduled for Thursday afternoon was cancelled .
Lucas is represented by Dallas attorney Robert Rogers , who said on Tuesday Lucas fired his gun when Price tried to take the Taser .
“ Mr .
Price resisted the effects of the taser and attempted to take it away from Officer Lucas , ” Rogers said at the time .
“ Officer Lucas only discharged his weapon in accordance with Texas law when he was confronted with an aggressive assailant @ @ @ @ @ @ @ ” Rogers best is known for representing former Dallas cop Amber Guyger , who entered the apartment of Botham Jean while off duty , mistook it for her own home and shot Jean after believing him to be an intruder .
Guyger is serving ten years in state prison for murder .
Wolfe City is approximately 70 miles northeast of Dallas , with a population of 1,472 people as of 2018 .
Lucas was one of only three officers on the force , according to the city ’ s website .
Lucas ’ @ @ @ @ @ @ @ Lucas is “ a good kid ” who is “ devastated for everybody involved .
”

An East Texas town fired white police officer Shaun Lucas Thursday, five days after he shot and killed an unarmed Black man who reportedly offered him a handshake after breaking up a fight.
GREENVILLE, Texas (CN) — An East Texas town fired white police officer Shaun Lucas Thursday, five days after he shot and killed an unarmed Black man who reportedly offered him a handshake after breaking up a fight.
Wolfe City officials announced the termination on the city’s Facebook page, stating they have “fully cooperated” with a criminal investigation by the Texas Rangers and the Hunt County District Attorney’s office in the shooting death of Jonathan Price.
“Earlier today Mr. Lucas was terminated for his egregious violation of the city’s and police department’s policies,” the city said. “As the mayor and council of Wolfe City we want to extend our gratitude that the gatherings in support of Mr. Price and his family have remained peaceful. Wolfe City is a tight-knit community, and we join you in mourning Jonathan’s death and the events of the last week.”
The statement asked for support for the city’s employees since Price, 31, was a city employee and many of his coworkers also worked with Lucas.
City officials had earlier placed Lucas on administrative leave pending the investigation.
The Rangers arrested Lucas, 22, on Monday on a murder charge. He is currently being held on $1 million bond, according to Collin County Jail records. The Rangers said Lucas was responding to reports of a fight at a convenience store. Price was not a participant in the fight, he reportedly helped end it and greeted Lucas as he arrived.
“Officer Lucas attempted to detain Price, who resisted in a non-threatening posture and began walking away,” the Rangers said in a statement. “Officer Lucas deployed his Taser, followed by discharging his service weapon striking Price. EMS was notified and Price was transported to Hunt Regional Hospital, where he later died. The preliminary investigation indicates that the actions of Officer Lucas were not [objectively] reasonable.”
Body camera footage of the arrest has yet to be released to the public. According to a probable cause affidavit released Wednesday, Price “came very close to Officer Lucas, asking ‘You doing good?’ multiple times while extending his hand” to shake hands.
“Price apologized for broken glass on the ground and states someone had tried to ‘wrap me up,’” the affidavit stated.
Lucas told the Rangers he thought Price was drunk and that when he tried to detain him, Price allegedly said “I can’t be detained.” Lucas said he fired his Taser when Price walked away, taking out his gun to shoot Price four times when he walked towards the cop and allegedly tried to reach for the Taser.
Lee Merritt, the Price family’s attorney, has yet to comment on Lucas’ firing. A press conference scheduled for Thursday afternoon was cancelled.
Lucas is represented by Dallas attorney Robert Rogers, who said on Tuesday Lucas fired his gun when Price tried to take the Taser.
“Mr. Price resisted the effects of the taser and attempted to take it away from Officer Lucas,” Rogers said at the time. “Officer Lucas only discharged his weapon in accordance with Texas law when he was confronted with an aggressive assailant who was attempting to take his taser.”
Rogers best is known for representing former Dallas cop Amber Guyger, who entered the apartment of Botham Jean while off duty, mistook it for her own home and shot Jean after believing him to be an intruder. Guyger is serving ten years in state prison for murder.
Wolfe City is approximately 70 miles northeast of Dallas, with a population of 1,472 people as of 2018. Lucas was one of only three officers on the force, according to the city’s website.
Lucas’ stepfather told ABC-affiliate WFAA in Dallas that Lucas is “a good kid” who is “devastated for everybody involved.”


courthousenews--2020-10-09--Man Sues City of Idaho Falls for Wrongful Conviction in Murder Case

( CN ) — Christopher Tapp , an Idaho man who spent over 20 years falsely for a rape and murder he did not commit , filed a federal lawsuit Thursday against the city of Idaho Falls and police officers involved in the case , claiming he was coerced into giving a false confession .
On June 13 , 1996 in Idaho Falls , police acting on a 911 call discovered 18-year old Angie Dodge raped and murdered in her own apartment .
Police found Dodge in her bedroom with her multiple wounds to her chest and hands , a @ @ @ @ @ @ @ physical indications of having been raped .
After collecting fluids and other samples from her home , officials started an investigation into what happened the night Dodge was killed and who was behind the tragic event — an investigation that led officers to focus on Christopher Tapp .
As the investigation expanded , officials determined that Dodge had a small group of friends that spent time together along the Snake River .
Police questioned then 19-year-old Tapp , in which he told officials he had never been to Dodge ’ s apartment .
@ @ @ @ @ @ @ and the investigation continued .
But after six months , police were no closer to finding the culprit and chose to return their attention to Tapp .
After being taken to a police station in early 1997 for questioning , Tapp later confessed to participating in the killing of Dodge that eventually resulted in a guilty verdict against him and a life sentence in prison .
The story , however , did not end there .
Court documents report that in the aftermath of being convicted , and after multiple denied appeals , @ @ @ @ @ @ @ there was more to the story : Angie Dodge ’ s mother , Carol Dodge .
After Carol Dodge reviewed the confession tapes and DNA evidence that pointed to another culprit in her daughter ’ s murder , she became convinced that Tapp was innocent of the crime he had been sent to prison for .
As the years went on , Tapp and his defense team continued to compile new evidence using advancements in DNA technology that ruled out Tapp as the perpetrator behind the crime and proved his innocence .
This @ @ @ @ @ @ @ a discarded cigarette butt that led to the arrest of 54-year-old Brian Dripps , who has since been charged for the rape and murder of Dodge and has reportedly confessed to the crime .
On July 17 , 2019 , Judge Alan Stephens formally exonerated Tapp — more than 20 years after his conviction .
Now , Tapp has filed a lawsuit against officials involved in the case , alleging that police used coercion and threats to get him to confess to the crime , despite no physical evidence tying him to the @ @ @ @ @ @ @ complaint filed Thursday in federal court , officials were facing mounting pressure to solve a high-profile criminal case and chose to focus their investigation on Tapp and his friends out of desperation , even though Tapp ’ s DNA did not match the DNA found at the apartment .
Peter Neufeld , one of Tapp ’ s attorneys , said in a statement obtained by EastIdahoNews.com that the defendants in the case took numerous steps to convince Tapp to confess to a crime he was innocent of .
“ In an effort to @ @ @ @ @ @ @ IFPD ) subjected him to about 60 hours of coercive interrogations and seven sham polygraphs , repeatedly threatened him with execution , and fed him multiple secret details about the crime that only the real perpetrator would know and then falsely reported that Tapp had volunteered those details , ” Neufeld said .
The lawsuit claims that Tapp was not the only one who law enforcement pressured .
During the trial , a teenage girl told the jury that Tapp had confessed to the crime , but Tapp ’ s attorneys say those @ @ @ @ @ @ @ The complaint alleges that these actions taken by officials show that Tapp was subjected to egregious police misconduct that resulted in a sham confession , a wrongful conviction and untold damage to the life of an innocent man .
“ Because of what the Idaho Falls Police did to me , I lost the opportunity to raise a family , pursue a career , and to share in the most basic freedoms that we all live for , ” Tapp said in a news release , “ I continue to live every day @ @ @ @ @ @ @ the Idaho Falls police stole from me.
” Tapp is asking the court for an award of punitive damages to be later determined at trial .
Idaho Falls spokesman Bud Cranor said in a statement that the city is aware of the lawsuit and plans on responding to the allegations through the proper legal channels during the legal process .

Christopher Tapp, an Idaho man who spent over 20 years falsely for a rape and murder he did not commit, filed a federal lawsuit Thursday against the city of Idaho Falls and police officers involved in the case, claiming he was coerced into giving a false confession.
(CN) — Christopher Tapp, an Idaho man who spent over 20 years falsely for a rape and murder he did not commit, filed a federal lawsuit Thursday against the city of Idaho Falls and police officers involved in the case, claiming he was coerced into giving a false confession.
On June 13, 1996 in Idaho Falls, police acting on a 911 call discovered 18-year old Angie Dodge raped and murdered in her own apartment. Police found Dodge in her bedroom with her multiple wounds to her chest and hands, a fatal knife wound across her throat and physical indications of having been raped.
After collecting fluids and other samples from her home, officials started an investigation into what happened the night Dodge was killed and who was behind the tragic event — an investigation that led officers to focus on Christopher Tapp.
As the investigation expanded, officials determined that Dodge had a small group of friends that spent time together along the Snake River. Police questioned then 19-year-old Tapp, in which he told officials he had never been to Dodge’s apartment. Tapp provided a blood sample to police and the investigation continued.
But after six months, police were no closer to finding the culprit and chose to return their attention to Tapp.
After being taken to a police station in early 1997 for questioning, Tapp later confessed to participating in the killing of Dodge that eventually resulted in a guilty verdict against him and a life sentence in prison.
The story, however, did not end there. Court documents report that in the aftermath of being convicted, and after multiple denied appeals, Tapp found an unlikely ally who suspected there was more to the story: Angie Dodge’s mother, Carol Dodge.
After Carol Dodge reviewed the confession tapes and DNA evidence that pointed to another culprit in her daughter’s murder, she became convinced that Tapp was innocent of the crime he had been sent to prison for.
As the years went on, Tapp and his defense team continued to compile new evidence using advancements in DNA technology that ruled out Tapp as the perpetrator behind the crime and proved his innocence.
This culminated in new DNA evidence taken from a discarded cigarette butt that led to the arrest of 54-year-old Brian Dripps, who has since been charged for the rape and murder of Dodge and has reportedly confessed to the crime.
On July 17, 2019, Judge Alan Stephens formally exonerated Tapp — more than 20 years after his conviction.
Now, Tapp has filed a lawsuit against officials involved in the case, alleging that police used coercion and threats to get him to confess to the crime, despite no physical evidence tying him to the crime scene.
According to the 57-page complaint filed Thursday in federal court, officials were facing mounting pressure to solve a high-profile criminal case and chose to focus their investigation on Tapp and his friends out of desperation, even though Tapp’s DNA did not match the DNA found at the apartment.
Peter Neufeld, one of Tapp’s attorneys, said in a statement obtained by EastIdahoNews.com that the defendants in the case took numerous steps to convince Tapp to confess to a crime he was innocent of.
“In an effort to break Tapp’s will, (IFPD) subjected him to about 60 hours of coercive interrogations and seven sham polygraphs, repeatedly threatened him with execution, and fed him multiple secret details about the crime that only the real perpetrator would know and then falsely reported that Tapp had volunteered those details,” Neufeld said.
The lawsuit claims that Tapp was not the only one who law enforcement pressured. During the trial, a teenage girl told the jury that Tapp had confessed to the crime, but Tapp’s attorneys say those statements were also false and coerced.
The complaint alleges that these actions taken by officials show that Tapp was subjected to egregious police misconduct that resulted in a sham confession, a wrongful conviction and untold damage to the life of an innocent man.
“Because of what the Idaho Falls Police did to me, I lost the opportunity to raise a family, pursue a career, and to share in the most basic freedoms that we all live for,” Tapp said in a news release, “I continue to live every day with the nightmare of the 22 years the Idaho Falls police stole from me.”
Tapp is asking the court for an award of punitive damages to be later determined at trial.
Idaho Falls spokesman Bud Cranor said in a statement that the city is aware of the lawsuit and plans on responding to the allegations through the proper legal channels during the legal process.


courthousenews--2020-10-09--Feds Sue Yale University Over Admissions Practices

NEW HAVEN , Conn. ( CN ) — The Department of Justice sued Yale University in a federal lawsuit Thursday , claiming it discriminates against Asians and whites in the undergraduate admissions process .
“ For at least 50 years , Defendant Yale University ( Yale ) has intentionally subjected applicants to Yale College to discrimination on the grounds of race and national origin , ” the complaint states .
The lawsuit follows a two-year investigation , which found Asian American and white applicants have only one-tenth to one-fourth of the likelihood of admission as African American applicants with comparable @ @ @ @ @ @ @ a purported compelling interest in the educational benefits of diversity , without sufficiently defining its diversity goals , without articulating any standards to measure achievements of its diversity goals , and without indicating what actions or results would satisfy its diversity goals , ” the complaint states .
Yale University President Peter Salovey said the university does not discrimination against applicants of any race or ethnicity .
“ Our admissions practices are completely fair and lawful , ” Salovey said in a statement .
“ Yale ’ s admissions policies will not change @ @ @ @ @ @ @ this baseless lawsuit .
We look forward to defending these policies in court.
” Lawyers for the government said they offered Yale an opportunity for voluntary compliance without litigation .
However , “ Yale declined the United States ’ offer .
The United States notified Yale of its determination that efforts to obtain voluntary compliance were unsuccessful , ” the complaint states .
In August when it released its investigation which was prompted by a complaint by Asian American organizations , the Justice Department demanded that Yale immediately stop and agree not to @ @ @ @ @ @ @ upcoming admissions process , but officials refused .
The U.S. Supreme Court has routinely upheld affirmative action for universities , allowing them to consider race as one of several factors in determining who is accepted into the school .
The DOJ found that the Ivy League university uses race at multiple steps of its admissions process , resulting in a multiplied effect of race on an applicant ’ s likelihood of admission .
“ Yale subjects Yale College applicants to discrimination on the ground of race at virtually every step of its admissions @ @ @ @ @ @ @ For example , Yale uses race when it initially rates applicants and does it again at two other steps during the admissions process .
This discrimination has been going on for at least 50 years , according to the DOJ .
Yale also racially balances its classes , according to the August investigation .
As a condition of receiving millions of dollars in taxpayer funding , the DOJ said Yale “ expressly agrees ” to comply with Title VI of the Civil Rights Act of 1964 , which prohibits discrimination on the basis @ @ @ @ @ @ @ in programs and activities that receive federal financial assistance .
Salovey said the university follows Supreme Court precedent and looks at the whole student in the admissions process .
“ Our admissions process considers as many aspects as possible of an applicant ’ s life experiences and accomplishments , ” Salovey said .
“ That does include race and ethnicity , but only as one element in a multi-stage examination of the entire application file , which takes into account test scores , grades , teacher recommendations , extracurricular activities , military service @ @ @ @ @ @ @ added : “ No single element is considered independently of the whole application .
We take this approach because we know that exposure to a diverse student body improves students ’ critical thinking , problem-solving , and leadership skills and prepares them to thrive in a complex , dynamic world .
”

The Department of Justice sued Yale University in a federal lawsuit Thursday, claiming it discriminates against Asians and whites in the undergraduate admissions process.
NEW HAVEN, Conn. (CN) — The Department of Justice sued Yale University in a federal lawsuit Thursday, claiming it discriminates against Asians and whites in the undergraduate admissions process.
“For at least 50 years, Defendant Yale University (Yale) has intentionally subjected applicants to Yale College to discrimination on the grounds of race and national origin,” the complaint states.
The lawsuit follows a two-year investigation that found Asian American and white applicants have only one-tenth to one-fourth of the likelihood of admission as African American applicants with comparable academic credentials.
“Yale vaguely asserts a purported compelling interest in the educational benefits of diversity, without sufficiently defining its diversity goals, without articulating any standards to measure achievements of its diversity goals, and without indicating what actions or results would satisfy its diversity goals,” the complaint states.
Yale University President Peter Salovey said the university does not discriminate against applicants of any race or ethnicity.
“Our admissions practices are completely fair and lawful,” Salovey said in a statement. “Yale’s admissions policies will not change as a result of the filing of this baseless lawsuit. We look forward to defending these policies in court.”
Connecticut Attorney General William Tong also defended the school.
“This lawsuit is as baseless as it is offensive, and every aspect of it demonstrates complete and utter overreach,” Tong, a Democrat and child of Chinese immigrants, said in a statement Thursday. “My office is exploring all legal avenues to support Yale University and its students. The Department of Justice action deviates starkly from decades of well-established legal precedent and threatens to disrupt admissions practices at hundreds of universities nationwide.”
Lawyers for the government said they offered Yale an opportunity for voluntary compliance without litigation. However, “Yale declined the United States’ offer,” the complaint states. "The United States notified Yale of its determination that efforts to obtain voluntary compliance were unsuccessful."
In August, when it released the findings of an investigation prompted by a complaint by Asian American organizations, the Justice Department demanded that Yale immediately stop and agree not to use race or national origin in the upcoming admissions process. Officials refused.
The U.S. Supreme Court has routinely upheld affirmative action for universities, allowing them to consider race as one of several factors in determining who is accepted into the school.
But Thursday's complaint contends that the Ivy League university uses race at multiple steps of its admissions process, resulting in a multiplied effect of race on an applicant’s likelihood of admission.
“Yale subjects Yale College applicants to discrimination on the ground of race at virtually every step of its admissions process,” the complaint states.
For example, Yale uses race when it initially rates applicants and does it again at two other steps during the admissions process.
This discrimination has been going on for at least 50 years, according to the complaint.
Yale also racially balances its classes, the August investigation found.
As a condition of receiving millions of dollars in taxpayer funding, the DOJ said Yale “expressly agrees” to comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin in programs and activities that receive federal financial assistance.
Salovey said the university follows Supreme Court precedent and looks at the whole student in the admissions process.
“Our admissions process considers as many aspects as possible of an applicant’s life experiences and accomplishments,” Salovey said. “That does include race and ethnicity, but only as one element in a multi-stage examination of the entire application file, which takes into account test scores, grades, teacher recommendations, extracurricular activities, military service, and many other factors.”
Salovey added: “No single element is considered independently of the whole application. We take this approach because we know that exposure to a diverse student body improves students’ critical thinking, problem-solving, and leadership skills and prepares them to thrive in a complex, dynamic world.”


courthousenews--2020-10-09--Judge Largely Upholds California Law Banning Private Prisons

( CN ) — California ’ s law banning private prisons and immigration detention facilities was mostly upheld by a federal judge on Thursday , with the court denying a Trump administration request to block the law , but conceding that some private prisons would be exempt .
Assembly Bill 32 , signed into law by Governor Gavin Newsom last year and effective Jan. 1 , prohibits the operation of private detention facilities within the state .
The law also sought to prohibit contracts between the federal government and private prisons to house detained immigrants .
The GEO Group , @ @ @ @ @ @ @ and claimed the law is unconstitutional due to the federal government ’ s intergovernmental immunity should be preempted by federal law .
In a separate lawsuit , the federal government sought injunctive relief from California ’ s ban .
GEO Group said it will lose $ 250 million per year in lost revenue over the next 15 years and more in capital investments under the law .
They said closures would happen at all U.S .
Marshal Services and Immigration and Customs Enforcement detention facilities , including the Adelanto facility in southern California @ @ @ @ @ @ @ Covid-19 earlier this year .
The U.S. government , which operates Bureau of Prison facilities , said 2,200 inmates in California will need to be transported out of the state , including those who live in halfway houses .
This past July during oral arguments , California argued that because the Bureau of Prisons only has one prison in the state — Taft Correctional Institute in Kern County — and has made no plans to resume operations there , the federal government would not suffer any harm under the state law .
In @ @ @ @ @ @ @ Janis Sammartino said the U.S. government could not establish that the Bureau of Prisons is likely to suffer a concrete injury .
“ The court concludes that the United States has failed to establish the requisite justiciable case or controversy concerning the constitutionality of A.B .
32 as applied to its BOP facilities , ” Sammartino wrote .
Sammartino later wrote the U.S. government failed to meet its burden when it came to its standing to challenge the state law .
“ The United States therefore fails to demonstrate a concrete plan to @ @ @ @ @ @ @ ’ s privately operated prison facilities in California , ” the judge wrote , dismissing the government ’ s claims without prejudice .
Sammartino did conclude the state law is an obstacle as applied to the U.S .
Marshal Services contracts with private detention centers and as applied to GEO ’ s contracts with the marshals , but not an obstacle to the Bureau of Prisons ’ halfway houses and ICE ’ s contracts with private prison centers .
“ Congress clearly authorized USMS to use private detention facilities in limited circumstances , @ @ @ @ @ @ @ detainees in a given district exceeds the available capacity of federal , state , and local facilities , ” Sammartino wrote .
But Congress also required all private prisons to comply with local and state laws in order to be eligible for those contracts .
“ A.B .
32 therefore forecloses USMS from contracting with private detention facilities in those districts in which there does not exist sufficient availability in federal , state , or local facilities , in contravention of Congress ’ clear and manifest objective that the option be available , @ @ @ @ @ @ @ with California when she found that A.B .
32 “ does not regulate federal contracting , but rather the operation of private detention facilities within California.
” She said the U.S. government ’ s interest in federal contracting does not preempt California ’ s law and the same applies to the foreign relations and immigration .
California ’ s law is not a direct regulation of the U.S. government , because those private prisons are under contract .
“ To meet their burden , plaintiffs must demonstrate that the federal contracts operation detention @ @ @ @ @ @ @ the government that the two can not realistically be viewed as separate entities , ’ ” the judge wrote .
But GEO was not able to argue that similarity .
Sammartino dismissed GEO ’ s causes of action for intergovernmental immunity and the cause for obstacle preemption as to the company ’ s contracts with ICE .
The U.S. government ’ s claims were thrown for lack of subject-matter-jurisdiction .
Sammartino did preliminarily enjoin enforcement of California ’ s ban against USMS ’ s private detention facilities because they may face “ disrupted @ @ @ @ @ @ @ , respectively.
” Emails to GEO and Newsom ’ s office for comment were not immediately answered .
The plaintiffs have 21 days to file an amended complaint .

California’s law banning private prisons and immigration detention facilities was partly upheld by a federal judge on Thursday, with the court denying a Trump administration request to block the law, but conceding that some private prisons would be exempt.
(CN) — California’s law banning private prisons and immigration detention facilities was mostly upheld by a federal judge on Thursday, with the court denying a Trump administration request to block the law, but conceding that some private prisons would be exempt.
Assembly Bill 32, signed into law by Governor Gavin Newsom last year and effective Jan. 1, prohibits the operation of private detention facilities within the state. The law also sought to prohibit contracts between the federal government and private prisons to house detained immigrants.
The GEO Group, a private prison company, sued California and claimed the law is unconstitutional due to the federal government’s intergovernmental immunity should be preempted by federal law. In a separate lawsuit, the federal government sought injunctive relief from California’s ban.
GEO Group said it will lose $250 million per year in lost revenue over the next 15 years and more in capital investments under the law. They said closures would happen at all U.S. Marshal Services and Immigration and Customs Enforcement detention facilities, including the Adelanto facility in southern California, which has seen an outbreak of Covid-19 earlier this year.
The U.S. government, which operates Bureau of Prison facilities, said 2,200 inmates in California will need to be transported out of the state, including those who live in halfway houses.
This past July during oral arguments, California argued that because the Bureau of Prisons only has one prison in the state — Taft Correctional Institute in Kern County — and has made no plans to resume operations there, the federal government would not suffer any harm under the state law.
In a 75-page order, U.S. District Judge Janis Sammartino said the U.S. government could not establish that the Bureau of Prisons is likely to suffer a concrete injury.
“The court concludes that the United States has failed to establish the requisite justiciable case or controversy concerning the constitutionality of A.B. 32 as applied to its BOP facilities,” Sammartino wrote.
Sammartino later wrote the U.S. government failed to meet its burden when it came to its standing to challenge the state law.
“The United States therefore fails to demonstrate a concrete plan to violate A.B. 32 as to BOP’s privately operated prison facilities in California,” the judge wrote, dismissing the government’s claims without prejudice.
Sammartino did conclude the state law is an obstacle as applied to the U.S. Marshal Services contracts with private detention centers and as applied to GEO’s contracts with the marshals, but not an obstacle to the Bureau of Prisons’ halfway houses and ICE’s contracts with private prison centers.
“Congress clearly authorized USMS to use private detention facilities in limited circumstances, such as where the number of USMS detainees in a given district exceeds the available capacity of federal, state, and local facilities,” Sammartino wrote.
But Congress also required all private prisons to comply with local and state laws in order to be eligible for those contracts.
“A.B. 32 therefore forecloses USMS from contracting with private detention facilities in those districts in which there does not exist sufficient availability in federal, state, or local facilities, in contravention of Congress’ clear and manifest objective that the option be available,” the judge wrote.
Sammartino sided with California when she found that A.B. 32 “does not regulate federal contracting, but rather the operation of private detention facilities within California.”
She said the U.S. government’s interest in federal contracting does not preempt California’s law and the same applies to the foreign relations and immigration.
California’s law is not a direct regulation of the U.S. government, because those private prisons are under contract.
“To meet their burden, plaintiffs must demonstrate that the federal contracts operation detention facilities are ‘so closely connected to the government that the two cannot realistically be viewed as separate entities,’” the judge wrote.
But GEO was not able to argue that similarity.
Sammartino dismissed GEO’s causes of action for intergovernmental immunity and the cause for obstacle preemption as to the company’s contracts with ICE. The U.S. government’s claims were thrown for lack of subject-matter-jurisdiction.
Sammartino did preliminarily enjoin enforcement of California’s ban against USMS’s private detention facilities because they may face “disrupted operations and the incurrence of incompensable damages, respectively.”
Emails to GEO and Newsom’s office for comment were not immediately answered.
The plaintiffs have 21 days to file an amended complaint.


Watermelon Woman

SAN FRANCISCO — Filmmaker Cheryl Dunye accuses her onetime business partner of pocketing the revenue generated from a 20th anniversary @ @ @ @ @ classic “ The Watermelon Woman ” and also claim to have rights to future works @ @ @ @

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--2020-10-10--Judge: Minnesota Congressional Election Back on Schedule

ST. PAUL , Minn. ( CN ) — A Minnesota congressional race derailed by the death of a third-party candidate will take place on Nov. 3 after all , according to a federal judge ’ s ruling on Friday .
A federal judge granted a preliminary injunction to Democratic Representative Angie Craig late Friday afternoon , finding that her effort to overturn a state law which would have postponed an election for her seat until February was likely to succeed on its merits .
The law , passed in 2013 as a response to the sudden death of Democratic Senator @ @ @ @ @ @ @ an election in 2002 , required Minnesota Secretary of State Steve Simon to put the brakes on the election for the Second Congressional District after Legal Marijuana Now Party candidate Adam Weeks ’ death late in September .
That “ nominee vacancy ” precaution , U.S. District Judge Wilhelmina Wright ruled , isn ’ t among the exceptions to a federal rule which oversees the dates of general elections .
Wright , a Barack Obama appointee , found that the “ vacancy in nomination ” created by Weeks ’ death was not a @ @ @ @ @ @ @ which allows for special elections if an elected office is left vacant by a failure to elect , death , resignation or incapacitation .
Craig ’ s Republican opponent , political newcomer Tyler Kistner , and Simon had argued at a Wednesday morning hearing that it was , and that Weeks ’ death should be considered a “ failure to elect.
” “ The State of Minnesota can not invent a failure to elect or create an exigent circumstance by refusing to certify the vote totals for Minnesota ’ s Second Congressional District @ @ @ @ @ @ @ characterize the failure to elect as arising from Weeks ’ s death .
But the death of a candidate , without more , does not inevitably result in a failure to elect a representative.
” She also noted she did not believe the statute was enacted in bad faith , and mentioned that the 2002 plane crash which killed Wellstone and inspired the law actually did cause a vacancy “ because an elected person , as opposed to an unelected nominee , had died.
” Wright also spent a section of her ruling @ @ @ @ @ @ @ by the Supreme Court encouraging lower federal courts not to change election rules on the eve of an election .
Attorneys for Kistner and Simon had raised concerns under that rule during Wednesday ’ s arguments , but Wright found that the injunction would restore , rather than disrupt , the status quo .
“ The preliminary injunction Plaintiffs seek does not fundamentally alter the nature or rules of the election , create voter confusion , or create an incentive for voters to remain away from the polls , ” she wrote .
@ @ @ @ @ @ @ the change .
A spokeswoman for his office , press secretary Risikat Adesaogun , said that any voters who had abstained from the 2nd District race after Simon ’ s announcement that votes would not be counted could still “ claw back ” and fix their ballots .
“ There are folks who maybe have already voted absentee , and they left that particular contest blank assuming there would be a special election , ” Adesaogun said .
“ We still have the clawback rule in Minnesota — people are able to contact @ @ @ @ @ @ @ ballot spoiled.
” That option , she said , will be available until Oct. 20 , two weeks before Election Day .
After that date , the ballots will be anonymized and elections officials won ’ t be able to tell whose ballots are whose .
Craig ’ s campaign celebrated the decision in a statement .
“ A February special election would have deprived the voters of the Second District of their seat at the table during a crucial period in Congress .
This is an enormous victory for the people of @ @ @ @ @ @ @ have an opportunity to make their voices heard in this election , ” Craig said .
Kistner , meanwhile , announced his intent to appeal .
“ As recently as this week , the United States Supreme Court and Appeals Courts have ruled that state laws can not be overturned on the eve of an election .
We are confident that the Minnesota State Law will be upheld during the appeals process , ” he said in a statement .
The campaign , he said , had received word from several voters who @ @ @ @ @ @ @ race because of Simon ’ s announcement that votes would not be counted .
“ Additionally , we canceled numerous TV and digital advertising buys , and refrained from sending out voter contact mailings , ” he added .
Adesaogun said that the decision on whether or not to appeal the decision was still in the works .
Representatives from the Legal Marijuana Now Party and its new candidate , onetime Independence Party candidate Paula Overby , could not be reached for comment .
Overby has been a recurring figure in Minnesota ’ @ @ @ @ @ @ @ years .
She ran for the 2nd District seat as an Independence Party candidate in 2014 and as an independent in 2016 , for U.S. Senate on the Green Party ticket in 2018 , and recently took second place in the Democratic primary for Tina Smith ’ s U.S. Senate Seat , pulling 5.3 % to Smith ’ s 87.1 % .
Overby ’ s name does not appear on the ballot and Adesaogun confirmed that it was too late for the Secretary of State ’ s office to reprint them .

A Minnesota congressional race derailed by the death of a third-party candidate will take place on Nov. 3 after all, according to a federal judge's ruling on Friday.
ST. PAUL, Minn. (CN) — A Minnesota congressional race derailed by the death of a third-party candidate will take place on Nov. 3 after all, according to a federal judge's ruling on Friday.
A federal judge granted a preliminary injunction to Democratic Representative Angie Craig late Friday afternoon, finding that her effort to overturn a state law which would have postponed an election for her seat until February was likely to succeed on its merits.
The law, passed in 2013 as a response to the sudden death of Democratic Senator Paul Wellstone less than two weeks before an election in 2002, required Minnesota Secretary of State Steve Simon to put the brakes on the election for the Second Congressional District after Legal Marijuana Now Party candidate Adam Weeks’ death late in September.
That “nominee vacancy” precaution, U.S. District Judge Wilhelmina Wright ruled, isn’t among the exceptions to a federal rule which oversees the dates of general elections.
Wright, a Barack Obama appointee, found that the “vacancy in nomination” created by Weeks’ death was not a vacancy under the federal Vacancies Statute, which allows for special elections if an elected office is left vacant by a failure to elect, death, resignation or incapacitation.
Craig’s Republican opponent, political newcomer Tyler Kistner, and Simon had argued at a Wednesday morning hearing that it was, and that Weeks’ death should be considered a “failure to elect.”
“The State of Minnesota cannot invent a failure to elect or create an exigent circumstance by refusing to certify the vote totals for Minnesota’s Second Congressional District,” Wright wrote. “Defendants characterize the failure to elect as arising from Weeks’s death. But the death of a candidate, without more, does not inevitably result in a failure to elect a representative.”
She also noted she did not believe the statute was enacted in bad faith, and mentioned that the 2002 plane crash which killed Wellstone and inspired the law actually did cause a vacancy “because an elected person, as opposed to an unelected nominee, had died.”
Wright also spent a section of her ruling considering the Purcell doctrine, guidance issued by the Supreme Court encouraging lower federal courts not to change election rules on the eve of an election. Attorneys for Kistner and Simon had raised concerns under that rule during Wednesday’s arguments, but Wright found that the injunction would restore, rather than disrupt, the status quo.
“The preliminary injunction Plaintiffs seek does not fundamentally alter the nature or rules of the election, create voter confusion, or create an incentive for voters to remain away from the polls,” she wrote.
Simon issued a statement on Friday reflecting the change. A spokeswoman for his office, press secretary Risikat Adesaogun, said that any voters who had abstained from the 2nd District race after Simon’s announcement that votes would not be counted could still “claw back” and fix their ballots.
“There are folks who maybe have already voted absentee, and they left that particular contest blank assuming there would be a special election,” Adesaogun said. “We still have the clawback rule in Minnesota — people are able to contact their elections office and have their absentee ballot spoiled.”
That option, she said, will be available until Oct. 20, two weeks before Election Day. After that date, the ballots will be anonymized and elections officials won’t be able to tell whose ballots are whose.
Craig’s campaign celebrated the decision in a statement.
“A February special election would have deprived the voters of the Second District of their seat at the table during a crucial period in Congress. This is an enormous victory for the people of the Second District, who will still have an opportunity to make their voices heard in this election,” Craig said.
Kistner, meanwhile, announced his intent to appeal.
"As recently as this week, the United States Supreme Court and Appeals Courts have ruled that state laws cannot be overturned on the eve of an election. We are confident that the Minnesota State Law will be upheld during the appeals process,” he said in a statement.
The campaign, he said, had received word from several voters who said they had not voted in the race because of Simon’s announcement that votes would not be counted.
“Additionally, we canceled numerous TV and digital advertising buys, and refrained from sending out voter contact mailings,” he added.
Adesaogun said that the decision on whether or not to appeal the decision was still in the works.
Legal Marijuana Now Party's new candidate, onetime Independence Party candidate Paula Overby, said in a statement that the decision will hurt the democratic process.
"The party that claims to be defending democracy has done the most to attack and disqualify third party candidates," she said. "Of course I am extremely disappointed with the decision of the court. It will certainly disenfranchise voters and further erode peoples faith in the integrity of our electoral process."
Overby has been a recurring figure in Minnesota’s third parties in the last several years. She ran for the 2nd District seat as an Independence Party candidate in 2014 and as an independent in 2016, for U.S. Senate on the Green Party ticket in 2018, and recently took second place in the Democratic primary for Tina Smith’s U.S. Senate Seat, pulling 5.3% to Smith’s 87.1%.
Overby’s name does not appear on the ballot and Adesaogun confirmed that it was too late for the Secretary of State’s office to reprint them.


courthousenews--2020-10-10--California Courts Covid Update

California Courts Covid Update

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courthousenews--2020-10-09--Commission Cancels Second Presidential Debate

( CN ) — The Commission on Presidential Debates cancelled the second debate between President Donald Trump and Joe Biden on Friday , following a refusal by the president to participate in a virtual debate .
Originally set for Oct. 15 in Miami , the commission changed the format Thursday from a town hall debate to a virtual one after the president tested positive for Covid-19 last week .
Trump declined to attend , with his campaign saying the change was a move meant to help Biden .
Trump instead said he will hold a series of rallies starting this @ @ @ @ @ @ @ reason to stop the October 15 debate in Miami from proceeding as scheduled , since the President will be healthy and ready to debate , ” Trump spokesman said in a statement Friday evening .
“ There ’ s nothing that says that President Trump and Joe Biden can ’ t debate together without the overlords at the commission having a say in the matter .
We would be glad to debate one-on-one without the commission ’ s interference.
” The Trump campaign offered to delay the debates , holding the second one @ @ @ @ @ @ @ one to Oct. 29 .
But the Biden camp rejected that proposal .
Instead , Biden will participate in a town hall Q & A on Oct. 15 hosted by ABC News .
“ We accepted the three dates — Sept. 29 , Oct. 15 , and Oct. 22 — in June .
Trump chose today to pull out of the October 15th debate , ” Kate Bedingfield , Biden spokeswoman said in a statement Thursday .
“ Trump ’ s erratic behavior does not allow him to rewrite the calendar , and @ @ @ @ @ @ @ We look forward to participating in the final debate , scheduled for October 22 , which already is tied for the latest debate date in 40 years .
Donald Trump can show up , or he can decline again .
That ’ s his choice.
” In a brief statement released Friday night , the commission announced the cancellation of the debate , noting that each campaign had made alternate plans for that date .
“ It is now apparent there will be no debate on October 15 , and the CPD will @ @ @ @ @ @ @ final presidential debate scheduled for October 22 , ” the statement read .
Frank Fahrenkopf , co-chair of the commission , refused to consider an in-person debate , despite Trump ’ s insistence that he is not “ contagious at all.
” “ We ’ re talking about something that will happen in less than a week , if it had originally gone forward .
Less than a week , ” Fahrenkopf said in a radio interview .
“ And right now , as I understand it , at this point in time @ @ @ @ @ @ @ or not when the president tested negative.
” Trump has been secretive in sharing details of his diagnosis and the results of his latest coronavirus tests , if any .

The Commission on Presidential Debates cancelled the second debate between President Donald Trump and Joe Biden on Friday, following a refusal by the president to participate in a virtual debate.
(CN) — The Commission on Presidential Debates cancelled the second debate between President Donald Trump and Joe Biden on Friday, following a refusal by the president to participate in a virtual debate.
Originally set for Oct. 15 in Miami, the commission changed the format Thursday from a town hall debate to a virtual one after the president tested positive for Covid-19 last week. Trump declined to attend, with his campaign saying the change was a move meant to help Biden. Trump instead said he will hold a series of rallies starting this weekend.
"There is no medical reason to stop the October 15 debate in Miami from proceeding as scheduled, since the President will be healthy and ready to debate," Trump spokesman said in a statement Friday evening. "There’s nothing that says that President Trump and Joe Biden can’t debate together without the overlords at the commission having a say in the matter. We would be glad to debate one-on-one without the commission’s interference."
The Trump campaign offered to delay the debates, holding the second one on Oct. 22 and pushing the third one to Oct. 29. But the Biden camp rejected that proposal. Instead, Biden will participate in a town hall Q&A on Oct. 15 hosted by ABC News.
“We accepted the three dates — Sept. 29, Oct. 15, and Oct. 22 — in June. Trump chose today to pull out of the October 15th debate," Kate Bedingfield, Biden spokeswoman said in a statement Thursday. "Trump's erratic behavior does not allow him to rewrite the calendar, and pick new dates of his choosing. We look forward to participating in the final debate, scheduled for October 22, which already is tied for the latest debate date in 40 years. Donald Trump can show up, or he can decline again. That's his choice."
In a brief statement released Friday night, the commission announced the cancellation of the debate, noting that each campaign had made alternate plans for that date.
"It is now apparent there will be no debate on October 15, and the CPD will turn its attention to preparations for the final presidential debate scheduled for October 22," the statement read.
Frank Fahrenkopf, co-chair of the commission, refused to consider an in-person debate, despite Trump's insistence that he is not "contagious at all."
“We’re talking about something that will happen in less than a week, if it had originally gone forward. Less than a week,” Fahrenkopf said in a radio interview. “And right now, as I understand it, at this point in time, there is no evidence whatsoever whether or not when the president tested negative.”
Trump has been secretive in sharing details of his diagnosis and the results of his latest coronavirus tests, if any.


courthousenews--2020-10-09--California Tribes Fight Border Wall Disruption of Religious Sites

WASHINGTON ( CN ) — The Kumeyaay Nation , 13 federally recognized Indian tribes living in Southern California , urged a federal judge on Friday to force the Trump administration to survey the grounds around an under-construction border wall to prevent the disruption of religious sites , including burial grounds .
U.S. District Judge Trevor N. McFadden was clearly unpersuaded by the Justice Department during the nearly three-hour hearing on the tribes ’ request for a temporary block on the section of U.S.-Mexico border wall .
But the Trump appointee also queried whether the Kumeyaay had met the necessary threshold @ @ @ @ @ @ @ .
The tribes claim that human remains have been unearthed , but the Department of Homeland Security denied the disturbances , arguing Friday that one such “ discovery ” was nothing more than a fragment of PVC pipe .
Another unearthing of a bone fragment is under dispute , with the tribe arguing it was close enough to the construction site to warrant concern but the government saying it fell on Mexico ’ s side of the border .
“ There is a near certainty that human remains will be discovered or do @ @ @ @ @ @ @ attorney Colin Hampson said , citing what he said was extensive archaeological findings of prehistoric Kumeyaay settlements in the area .
“ Where people have lived they have also died , ” he added .
Meanwhile , the government argued that acting Secretary of Homeland Security Chad Wolf lawfully waived the application of several federal laws to propel the border project that would have required a greater evaluation of potential damage to the surrounding ecosystem as well as historical sites .
But McFadden rejected that Wolf ’ s predecessor , former Secretary Kirstjen @ @ @ @ @ @ @ Patrol Commissioner Kevin McAleenan , who would later resign from the post and appoint Wolf to the role , as her successor in an acting capacity .
The judge said the Justice Department could disagree that it wasn ’ t a “ screw up ” but said he was not convinced by arguments that Kirstjen ’ s April 2019 memo designating her successor was lawful .
He noted that two district judges , in Washington and California , and the Ninth Circuit reached the same conclusion on President Donald Trump ’ s revolving @ @ @ @ @ @ @ watchdog also recently concluded that Wolf ’ s appointment was invalid .
The president is currently in the process of officially naming him as head of DHS .
“ It didn ’ t use the clearest language that it could have , ” Justice Department attorney Bradley Craigmyle admitted .
But the government leaned into its argument that the tribes lacked standing to bring the lawsuit against Wolf ’ s waiver , arguing the three federal judicial rulings McFadden cited were all wrong .
Attorney Frank Sharp Holleman , arguing for the Kumeyaay @ @ @ @ @ @ @ Trump administration was proffering could not have been what the Framers had in mind .
“ That would allow increasingly low-ranking federal officials to push the cabinet level officialdom further down the ranks , ” he said .
While the Trump administration dismissed the tribes ’ concerns about human remains at the construction site — saying speculation of more bone fragments in Mexico does not reach the high bar to grant the preliminary injunction — the tribes said their evidence supports a finding of irreparable harm .
Furthermore , the Kumeyaay argued the @ @ @ @ @ @ @ wall construction will harm burial sites are “ miniscule in terms of cost ” compared to the project ’ s total budget .
“ The problem with the defendants ’ efforts to brush aside these concerns is that the defendants haven ’ t studied these impacts , ” Hampson said .

The Kumeyaay Nation, 13 federally recognized Indian tribes living in Southern California, urged a federal judge on Friday to force the Trump administration to survey the grounds around an under-construction border wall to prevent the disruption of religious sites, including burial grounds.
WASHINGTON (CN) — The Kumeyaay Nation, 13 federally recognized Indian tribes living in Southern California, urged a federal judge on Friday to force the Trump administration to survey the grounds around an under-construction border wall to prevent the disruption of religious sites, including burial grounds.
U.S. District Judge Trevor N. McFadden was clearly unpersuaded by the Justice Department during the nearly three-hour hearing on the tribes’ request for a temporary block on the section of U.S.-Mexico border wall.
But the Trump appointee also queried whether the Kumeyaay had met the necessary threshold of irreparable harm to be granted relief.
The tribes claim that human remains have been unearthed, but the Department of Homeland Security denied the disturbances, arguing Friday that one such “discovery” was nothing more than a fragment of PVC pipe.
Another unearthing of a bone fragment is under dispute, with the tribe arguing it was close enough to the construction site to warrant concern but the government saying it fell on Mexico’s side of the border.
“There is a near certainty that human remains will be discovered or do exist in the area,” tribal attorney Colin Hampson said, citing what he said was extensive archaeological findings of prehistoric Kumeyaay settlements in the area.
“Where people have lived they have also died,” he added.
Meanwhile, the government argued that acting Secretary of Homeland Security Chad Wolf lawfully waived the application of several federal laws to propel the border project that would have required a greater evaluation of potential damage to the surrounding ecosystem as well as historical sites.
But McFadden rejected that Wolf’s predecessor, former Secretary Kirstjen Nielsen, properly designated Customs and Border Patrol Commissioner Kevin McAleenan, who would later resign from the post and appoint Wolf to the role, as her successor in an acting capacity.
The judge said the Justice Department could disagree that it wasn’t a “screw up” but said he was not convinced by arguments that Kirstjen’s April 2019 memo designating her successor was lawful.
He noted that two district judges, in Washington and California, and the Ninth Circuit reached the same conclusion on President Donald Trump’s revolving door of DHS secretaries.
A government watchdog also recently concluded that Wolf’s appointment was invalid. The president is currently in the process of officially naming him as head of DHS.
“It didn’t use the clearest language that it could have,” Justice Department attorney Bradley Craigmyle admitted.
But the government leaned into its argument that the tribes lacked standing to bring the lawsuit against Wolf’s waiver, arguing the three federal judicial rulings McFadden cited were all wrong.
Attorney Frank Sharp Holleman, arguing for the Kumeyaay, told the judge that what the Trump administration was proffering could not have been what the Framers had in mind.
“That would allow increasingly low-ranking federal officials to push the cabinet level officialdom further down the ranks,” he said.
While the Trump administration dismissed the tribes’ concerns about human remains at the construction site — saying speculation of more bone fragments in Mexico does not reach the high bar to grant the preliminary injunction — the tribes said their evidence supports a finding of irreparable harm.
Furthermore, the Kumeyaay argued the studies necessary to determine if the border wall construction will harm burial sites are “miniscule in terms of cost” compared to the project’s total budget.
“The problem with the defendants’ efforts to brush aside these concerns is that the defendants haven’t studied these impacts,” Hampson said.


Access Denied

VANCOUVER , British Columbia — A Canadian judge has denied a request by Huawei CFO Meng Wanzhou for reams of @ @ @ @ @ Canadian authorities before and after her arrest , dealing a blow to her bid to @ @ @ @ @ States to face bank fraud charges .


courthousenews--2020-10-09--California Touts Another $147 Million for Homeless Housing Projects

( CN ) — California announced an additional $ 147 million earmarked for homeless housing projects across the state on Friday , the latest in a rapid-fire effort to house people living on the street during the Covid-19 pandemic .
This past April , California Governor Gavin Newsom announced the rollout of Project Roomkey , a program that acquired 15,000 hotel rooms across the state to house homeless people during the health emergency .
That program met pushback from some communities across the state and by September the program began to ramp down .
The focus has shifted to converting @ @ @ @ @ @ @ into housing for the homeless under Project Homekey , a nearly $ 600 million program that will give jurisdictions the ability to fund rehabilitation projects in their local communities .
The $ 147 million announced Friday will go to 12 cities and counties and will fund a little over 1,100 units across the state .
“ What we are doing differently — and fundamentally so — we are moving now with a real sense of urgency and deliberative speeds that we have not processed in the past , ” Newsom said during a @ @ @ @ @ @ @ was joined on the call by Linda Richter , a Los Angeles resident who previously lived in her car and received an apartment through Project Roomkey .
On the week of her 70th birthday , Richter said she moved into a motel after being homeless for 16 years and alone for 11 years .
Richter said she looks out her window from her apartment and sees her car parked outside and wonders how she lived that way .
“ I call it an existence .
It wasn ’ t living , it was @ @ @ @ @ @ @ going to be able to survive , ” said Richter .
Also on the call , LA resident Robbie Davenport said she lived in a tent with her cats after fleeing an abusive relationship .
“ It really made me feel that I was not a part of society , ” said Davenport , who is now staying in an apartment where she feels much safer amid the Covid-19 pandemic .
She credits the program with reacclimating her to the rest of society .
LA Mayor Eric Garcetti said the pandemic “ put @ @ @ @ @ @ @ comes to homelessness .
Across California , over 151,000 people are homeless according to the U.S. Department of Housing and Urban Development .
About 41,000 of them live in the city of LA , which saw a 16 % increase from last year ’ s official count .
Under the latest round of Homekey funding LA will receive nearly $ 40 million for six projects amounting to a little over 240 units .
That includes five motels and a property that can house more than 40 units , all of which will be @ @ @ @ @ @ @ re converted into permanent housing .
“ This is not about numbers , this isn ’ t about rooms , this isn ’ t about statistics , this is about the stories .
This is about the flesh and blood of the people who we hold , ” Garcetti said .
The mayor added that when it comes to homelessness in LA , all elected officials are “ marching together in an unprecedented way.
” But this week , a federal judge in LA didn ’ t see the issue in exactly the @ @ @ @ @ @ @ against the city and county of LA over their handling of the homeless crisis is playing out before U.S. District Judge David Carter with assistance from U.S. District Judge André Birotte Jr .
They are coordinating with multiple government agencies and asking how the city and county can best respond to the homeless crisis during and after the pandemic .
The unprecedented case has yielded some large-scale promises from both the city and county , including an agreement to create 6,000 new homeless shelter beds in the next year .
The agreement was @ @ @ @ @ @ @ before Carter , but progress has stalled .
In a mediation order issued this week , Birotte said the court “ is extremely disappointed and dismayed that in the nearly four months since the parties reached a ‘ historic agreement to provide 6,700 beds and shelter opportunities , with services , for people experiencing homelessness , ’ the parties continue to bicker , waste time and not finalize a memorandum of understanding.
” Birotte said city and county officials seem to be unwilling to work together .
“ If the parties are unable @ @ @ @ @ @ @ of this litigation , it does not bode well for the nearly 60,000 people experiencing homeless in the city and the county of Los Angeles , ” Birotte wrote .

California announced an additional $147 million earmarked for homeless housing projects across the state on Friday, the latest in a rapid-fire effort to house people living on the street during the Covid-19 pandemic.
(CN) — California announced an additional $147 million earmarked for homeless housing projects across the state on Friday, the latest in a rapid-fire effort to house people living on the street during the Covid-19 pandemic.
This past April, California Governor Gavin Newsom announced the rollout of Project Roomkey, a program that acquired 15,000 hotel rooms across the state to house homeless people during the health emergency. That program met pushback from some communities across the state and by September the program began to ramp down.
The focus has shifted to converting motels, hotels and vacant apartment buildings into housing for the homeless under Project Homekey, a nearly $600 million program that will give jurisdictions the ability to fund rehabilitation projects in their local communities. The $147 million announced Friday will go to 12 cities and counties and will fund a little over 1,100 units across the state.
“What we are doing differently — and fundamentally so — we are moving now with a real sense of urgency and deliberative speeds that we have not processed in the past,” Newsom said during a Friday press conference.
The Democratic governor was joined on the call by Linda Richter, a Los Angeles resident who previously lived in her car and received an apartment through Project Roomkey.
On the week of her 70th birthday, Richter said she moved into a motel after being homeless for 16 years and alone for 11 years.
Richter said she looks out her window from her apartment and sees her car parked outside and wonders how she lived that way.
“I call it an existence. It wasn’t living, it was terrifying. I never thought I was going to be able to survive,” said Richter.
Also on the call, LA resident Robbie Davenport said she lived in a tent with her cats after fleeing an abusive relationship.
“It really made me feel that I was not a part of society,” said Davenport, who is now staying in an apartment where she feels much safer amid the Covid-19 pandemic. She credits the program with reacclimating her to the rest of society.
LA Mayor Eric Garcetti said the pandemic “put light on the disparities” when it comes to homelessness. Across California, over 151,000 people are homeless according to the U.S. Department of Housing and Urban Development. About 41,000 of them live in the city of LA, which saw a 16% increase from last year’s official count.
Under the latest round of Homekey funding LA will receive nearly $40 million for six projects amounting to a little over 240 units. That includes five motels and a property that can house more than 40 units, all of which will be used as interim housing before they’re converted into permanent housing.
“This is not about numbers, this isn’t about rooms, this isn’t about statistics, this is about the stories. This is about the flesh and blood of the people who we hold,” Garcetti said.
The mayor added that when it comes to homelessness in LA, all elected officials are “marching together in an unprecedented way.”
But this week, a federal judge in LA didn’t see the issue in exactly the same light.
A federal lawsuit filed against the city and county of LA over their handling of the homeless crisis is playing out before U.S. District Judge David Carter with assistance from U.S. District Judge André Birotte Jr. They are coordinating with multiple government agencies and asking how the city and county can best respond to the homeless crisis during and after the pandemic.
The unprecedented case has yielded some large-scale promises from both the city and county, including an agreement to create 6,000 new homeless shelter beds in the next year. The agreement was announced in June during a court hearing before Carter, but progress has stalled.
In a mediation order issued this week, Birotte said the court “is extremely disappointed and dismayed that in the nearly four months since the parties reached a ‘historic agreement to provide 6,700 beds and shelter opportunities, with services, for people experiencing homelessness,’ the parties continue to bicker, waste time and not finalize a memorandum of understanding.”
Birotte said city and county officials seem to be unwilling to work together.
“If the parties are unable to reach agreement on this preliminary aspect of this litigation, it does not bode well for the nearly 60,000 people experiencing homeless in the city and the county of Los Angeles,” Birotte wrote.


courthousenews--2020-10-09--Coastal Commission Punts Decision on Future of Off-Road Recreation at California Beach

( CN ) — Even though members of the California Coastal Commission believe the Oceano Dunes State Vehicular Recreation Area could be subject to Governor Gavin Newsom ’ s order this week protecting state lands and waters , they did not get to vote Thursday on a public works plan regarding future use and development of the park .
The delay marks the latest extension in resolving the fight between recreation enthusiasts and environmentalists over the future of the land .
The California Coastal Commission , which governs land use decisions involving the state ’ s coastline , was originally @ @ @ @ @ @ @ public works plan by the state Department of Parks and Recreation regarding use and development of the state park in San Luis Obispo County .
Oceano Dunes is the only California beach which allows off-road vehicle recreation .
Environmentalists and the Coastal Commission want to see the state park transition away from off-road vehicle use , claiming it damages environmentally sensitive habitat areas and the nesting area of endangered California shorebirds .
Recreation enthusiasts say the land was purchased from a state trust to be used specifically for off-road vehicle recreation and it @ @ @ @ @ @ @ .
But the dispute over the way Oceano Dunes should be used isn ’ t just between environmentalists and recreationists .
Several state agencies involved in managing the land have been unable to come to a long-term planning agreement for years .
After submitting multiple plan drafts to the commission since 2017 , State Parks ’ plans for Oceano Dunes would increase off-road vehicle use on the beach .
The commission had directed off-road vehicle use be phased out over five years due to environmental and conservation concerns , especially regarding the endangered @ @ @ @ @ @ @ dunes .
Over the summer , State Parks entered into a consent cease-and-desist order with the Coastal Commission after a whistleblowing investigation by the Center for Biological Diversity showed State Parks was deterring expanded snowy plover nesting during the Covid-19 beach closure .
Since then , Ocean Protection Council director Mark Gold of the Natural Resources Agency told commissioners Thursday , balancing the issues between recreation and conservation at Oceano Dunes “ has become a major priority in the Resources Agency.
” Secretary Wade Crowfoot personally toured the park this past summer and @ @ @ @ @ @ @ office , Gold said .
Gold said the revised plan draft will be submitted by mid-December and the Coastal Commission can vote on whether to approve it at a meeting early next year .
Several commissioners commented Thursday they would support a plan which phases out off-road vehicle use and reduces car camping to a 1-mile stretch of the beach .
Coastal Commissioner Linda Escalante pointed out Newsom ’ s executive order this week to protect one-third of state lands and waters would govern how Oceano Dunes can be used in the future @ @ @ @ @ @ @ proven by Governor Newsom ’ s recent executive orders to protect at least 30 % of the natural lands and waters and to seriously lower climate and air pollution from transportation — that this administration , including the Department of Natural Resources and our sister agencies , have the clean mandate to ensure we mitigate and adapt to climate change , ” Escalante said .
But in the meantime , State Parks is working to come up with a reopening plan for the off-road vehicle recreation area at Oceano Dunes which has been @ @ @ @ @ @ @ new State Parks director Armando Quintero , who just took over heading the agency last month , whether he could issue a moratorium keeping the park closed until a new public works plan is issued for the commission ’ s review .
Quintero said they intend to reopen the park , as the agency has done with other state parks across California , by working with local health officials to come up with a plan regarding reduced capacity during the pandemic .
“ Now we are obligated as a public beach , and @ @ @ @ @ @ @ beach , to follow the same processes that we ’ ve been doing in the other public beach access areas , ” Quintero said .
Center for Biological Diversity senior conservation advocate Jeff Miller told Courthouse News he didn ’ t expect leadership changes at State Parks would cause the agency to agree to phase out off-road vehicle use as directed by the Coastal Commission .
“ Until they tell us they are removing the most environmentally destructive elements from that plan , it ’ s all just pretty words , ” Miller @ @ @ @ @ @ @ [ State Parks ] has been in violation of Coastal Act and local coastal plan for decades .
They got a permit in the ‘ 80s that was supposed to be short-term and have been riding that permit for 40 years .
When we finally see their plans , they don ’ t comply with the Coastal Act , ” Miller added .
Off-road vehicle rider Randy Burleson , with Sierra Treasure Hunters 4Wheel Drive Club , said he wants to see Oceano Dunes continue to be used for off-road vehicle recreation , @ @ @ @ @ @ @ Legislature .
He accused the Coastal Commission of being “ agendized against organized recreation.
” “ I think the Coastal Commission is exclusionary .
They believe their use is the best use and they want to disregard all other uses , ” Burleson said .
While he believes sea level rise could impact the landscape at Oceano Dunes and how the park can be used in the future , Burleson said “ I see it as something we will have to work together on in the future .
”

Even though members of the California Coastal Commission believe the Oceano Dunes State Vehicular Recreation Area could be subject to Governor Gavin Newsom’s order this week protecting state lands and waters, they did not get to vote Thursday on a public works plan regarding future use and development of the park.
(CN) — Even though members of the California Coastal Commission believe the Oceano Dunes State Vehicular Recreation Area could be subject to Governor Gavin Newsom’s order this week protecting state lands and waters, they did not get to vote Thursday on a public works plan regarding future use and development of the park.
The delay marks the latest extension in resolving the fight between recreation enthusiasts and environmentalists over the future of the land.
The California Coastal Commission, which governs land use decisions involving the state’s coastline, was originally scheduled to vote whether to approve a public works plan by the state Department of Parks and Recreation regarding use and development of the state park in San Luis Obispo County.
Oceano Dunes is the only California beach which allows off-road vehicle recreation. Environmentalists and the Coastal Commission want to see the state park transition away from off-road vehicle use, claiming it damages environmentally sensitive habitat areas and the nesting area of endangered California shorebirds. Recreation enthusiasts say the land was purchased from a state trust to be used specifically for off-road vehicle recreation and it must continue to be used that way.
But the dispute over the way Oceano Dunes should be used isn’t just between environmentalists and recreationists. Several state agencies involved in managing the land have been unable to come to a long-term planning agreement for years.
After submitting multiple plan drafts to the commission since 2017, State Parks’ plans for Oceano Dunes would increase off-road vehicle use on the beach. The commission had directed off-road vehicle use be phased out over five years due to environmental and conservation concerns, especially regarding the endangered Western snowy plovers which nest in the dunes.
Over the summer, State Parks entered into a consent cease-and-desist order with the Coastal Commission after a whistleblowing investigation by the Center for Biological Diversity showed State Parks was deterring expanded snowy plover nesting during the Covid-19 beach closure.
Since then, Ocean Protection Council director Mark Gold of the Natural Resources Agency told commissioners Thursday, balancing the issues between recreation and conservation at Oceano Dunes “has become a major priority in the Resources Agency.”
Secretary Wade Crowfoot personally toured the park this past summer and is providing updates to Newsom’s office, Gold said.
Gold said the revised plan draft will be submitted by mid-December and the Coastal Commission can vote on whether to approve it at a meeting early next year.
Several commissioners commented Thursday they would support a plan which phases out off-road vehicle use and reduces car camping to a 1-mile stretch of the beach. Coastal Commissioner Linda Escalante pointed out Newsom’s executive order this week to protect one-third of state lands and waters would govern how Oceano Dunes can be used in the future.
Oceano Dunes Off-HIghway Vehicle Park. (California State Parks / Brian Baer photo)
“I am certain — as proven by Governor Newsom’s recent executive orders to protect at least 30% of the natural lands and waters and to seriously lower climate and air pollution from transportation — that this administration, including the Department of Natural Resources and our sister agencies, have the clean mandate to ensure we mitigate and adapt to climate change,” Escalante said.
But in the meantime, State Parks is working to come up with a reopening plan for the off-road vehicle recreation area at Oceano Dunes which has been closed during the pandemic.
Escalante asked new State Parks director Armando Quintero, who just took over heading the agency last month, whether he could issue a moratorium keeping the park closed until a new public works plan is issued for the commission’s review.
Quintero said they intend to reopen the park, as the agency has done with other state parks across California, by working with local health officials to come up with a plan regarding reduced capacity during the pandemic.
“Now we are obligated as a public beach, and not having another mechanism to close the beach, to follow the same processes that we’ve been doing in the other public beach access areas,” Quintero said.
Center for Biological Diversity senior conservation advocate Jeff Miller told Courthouse News he didn’t expect leadership changes at State Parks would cause the agency to agree to phase out off-road vehicle use as directed by the Coastal Commission.
“Until they tell us they are removing the most environmentally destructive elements from that plan, it’s all just pretty words,” Miller said.
“The bottom line is [State Parks] has been in violation of Coastal Act and local coastal plan for decades. They got a permit in the ‘80s that was supposed to be short-term and have been riding that permit for 40 years. When we finally see their plans, they don’t comply with the Coastal Act,” Miller added.
Off-road vehicle rider Randy Burleson, with Sierra Treasure Hunters 4Wheel Drive Club, said he wants to see Oceano Dunes continue to be used for off-road vehicle recreation, as the land was designated by the Legislature. He accused the Coastal Commission of being “agendized against organized recreation.”
“I think the Coastal Commission is exclusionary. They believe their use is the best use and they want to disregard all other uses,” Burleson said.
While he believes sea level rise could impact the landscape at Oceano Dunes and how the park can be used in the future, Burleson said “I see it as something we will have to work together on in the future.”


courthousenews--2020-10-09--Firewall Breach at Voice of America

Firewall Breach at Voice of America

WASHINGTON ( AP ) — Five suspended Voice of America officials brought a federal complaint to get reinstated , warning @ @ @ @ @ s allies are turning the independent news outlet into a propaganda machine .


courthousenews--2020-10-09--Topsy-Turvy Stimulus Talks Leave Markets Up, Just Barely

As go stimulus negotiations recently on Capitol Hill , so , too , go rallies and valleys on Wall Street .
MANHATTAN ( CN ) — Markets rose on renewed hopes that lawmakers could agree on a relief bill , keeping markets on track for a positive closing Friday after a raucous early part of the week .
The markets this week have been on a roller coaster .
Investors rallied on Monday , with the Dow Jones Industrial Average picking up 460 points on stimulus hopes .
Those hopes were dashed Tuesday , however , and most of the @ @ @ @ @ @ @ the stimulus until after the election .
The Dow shed more than 300 points by Tuesday ’ s close .
On Friday , the Dow gained 161 points , a 0.5 % increase , while the Nasdaq and S & P 500 gained 1.38 % and 0.88 % , respectively .
“ Like Pavlov ’ s dogs , stocks continued to react to every promising headline , but the moves have become much muted in scope , and the only clear signal from the markets this week is that volatility has compressed markedly @ @ @ @ @ @ @ Management wrote in an investor ’ s note .
“ Equities appear to have reached the end of their ‘ stimulus ’ premium and may be vulnerable to some profit-taking if news fails to provide further evidence of progress , ” Schlossberg added .
Contradictory comments from the president over the last week did not help matters .
On Tuesday , Trump tweeted that he had instructed White House officials to cut off negotiations until after Election Day due to Democrats ’ $ 2.4 trillion request being too large .
Hours later , @ @ @ @ @ @ @ chair of the Federal Reserve that no stimulus could be too big in the current environment .
“ Too little support would lead to a weak recovery , creating unnecessary hardship for households and businesses , ” Jerome Powell said during a speech to the National Association for Business Economics on Tuesday .
“ By the contrast , the risks of overdoing it seem , for now , to be smaller .
Even if policy actions ultimately prove to be greater than needed , they will not go to waste.
” By Friday @ @ @ @ @ @ @ with relief negotiations .
“ Covid Relief Negotiations are moving along .
Go Big !
” he tweeted .
Regardless of the president ’ s support , some speculate it may be a slog getting something put together that will pass both Democrats ’ muster and the requirements of the GOP-led Senate .
“ Should Mr. Trump win next month , he will still most likely face a divided Congress and a Democratic House somewhat irked by his second upset victor , ” wrote Nicholas Colas , co-founder of DataTrek Research .
“ @ @ @ @ @ @ @ no easier in November/December 2020 than it is right now.
” Colas noted a Biden victory would not likely lead to smooth stimulus sailing after Election Day .
“ Nothing will happen in Washington between [ Election Day and Inauguration Day ] , including fiscal stimulus , ” he wrote .
“ The same goes for the political environment in D.C. if the election results are contested.
” Others are more optimistic .
“ Eventually , though , more money printing is coming , ” wrote James Meyer at Tower Bridge Advisors .
@ @ @ @ @ @ @ timing .
That is why the market responded so quickly after the sell-off on Tuesday .
So long as the sides are talking , prospects for a pre-election bill get priced into stocks.
” In the absence of a stimulus package , some agencies are making minor moves to help businesses and investors .
Late Thursday , the Small Business Administration streamlined its loan-forgiveness application for Paycheck Protection Program loans of $ 50,000 or less .
Treasury Secretary Steven Mnuchin said he favors legislation to further simplify the forgiveness process .
The PPP @ @ @ @ @ @ @ loans to small businesses , according to the Treasury Department , and has been hailed by members on both sides of the aisle as a necessary lifeline to struggling businesses .
But the program has also come under fire for allowing publicly traded and larger companies to tap into the funds , while some have complained about the complex and confusing application and loan forgiveness instructions .
Small businesses remain concerned about PPP borrowing .
According to a survey earlier in the week by the National Federation of Independent Business , almost 9 @ @ @ @ @ @ @ their entire loan and are preparing to apply for loan forgiveness .
Of that amount , 22 % expect to lay off employees in the next six months , while almost half anticipate needing additional financial support during the next year .
“ Small businesses are in danger of closing for good if they don ’ t get additional financial assistance , ” said Holly Wade , executive director of NFIB ’ s research center .
“ It has been over six months from the onset of the health crisis and economic shutdowns @ @ @ @ @ @ @ ” Weekly unemployment numbers were mixed this week , with 840,000 new claims under regular state unemployment programs during the week ending October 3 .
Yet those needing special Pandemic Unemployment Assistance continues to grow , with 464,000 applying under that program last week .
Worse , researchers at the Federal Reserve Bank of St. Louis found recently that while most unemployment groups are declining , long-term unemployment is increasing and stood at 5.1 % of the labor force as of August .
“ If the previous recession is any indication , reducing @ @ @ @ @ @ @ , ” the researchers wrote .
Markets last week dipped sharply after news broke that President Trump had contracted coronavirus .
Trump spent last weekend at Walter Reed Medical Center on an experimental dose of Regeneron , and after his release he claimed he has been “ cured.
” Following the president ’ s release , however , questions remain about when exactly he contracted the virus , as well as whether he remains contagious .
Trump will appear on Tucker Carlson ’ s show Friday night , where he will reportedly undergo @ @ @ @ @ @ @ Siegel , a network contributor .
Siegel had previously claimed Covid-19 was no worse than the common flu .
To date , more than 36.6 million have contracted Covid-19 worldwide , according to data compiled by Johns Hopkins University .
In the United States alone , just shy of 7.6 million have been confirmed infected while more than 213,000 have died .
More than 1 million people have died from the virus .

Markets rose on renewed hopes that lawmakers could agree on a relief bill, keeping markets on track for a positive closing Friday after a raucous early part of the week.
MANHATTAN (CN) — Markets rose on renewed hopes that lawmakers could agree on a relief bill, keeping markets on track for a positive closing Friday after a raucous early part of the week.
The markets this week have been on a roller coaster. Investors rallied on Monday, with the Dow Jones Industrial Average picking up 460 points on stimulus hopes. Those hopes were dashed Tuesday, however, and most of the gains lost after President Trump apparently scuttled the stimulus until after the election. The Dow shed more than 300 points by Tuesday’s close.
On Friday, the Dow gained 161 points, a 0.5% increase, while the Nasdaq and S&P 500 gained 1.38% and 0.88%, respectively.
“Like Pavlov’s dogs, stocks continued to react to every promising headline, but the moves have become much muted in scope, and the only clear signal from the markets this week is that volatility has compressed markedly,” Boris Schlossberg of BK Asset Management wrote in an investor’s note.
“Equities appear to have reached the end of their ‘stimulus’ premium and may be vulnerable to some profit-taking if news fails to provide further evidence of progress,” Schlossberg added.
Contradictory comments from the president over the last week did not help matters. On Tuesday, Trump tweeted that he had instructed White House officials to cut off negotiations until after Election Day due to Democrats’ $2.4 trillion request being too large.
Hours later, however, the president agreed with the chair of the Federal Reserve that no stimulus could be too big in the current environment.
“Too little support would lead to a weak recovery, creating unnecessary hardship for households and businesses,” Jerome Powell said during a speech to the National Association for Business Economics on Tuesday. “By the contrast, the risks of overdoing it seem, for now, to be smaller. Even if policy actions ultimately prove to be greater than needed, they will not go to waste.”
Trump, bizarrely, retweeted a story citing Powell’s comments with the statement, “True!”
By Friday, the president was back on board with relief negotiations. “Covid Relief Negotiations are moving along. Go Big!” he tweeted.
Regardless of the president’s support, some speculate it may be a slog getting something put together that will pass both Democrats’ muster and the requirements of the GOP-led Senate.
“Should Mr. Trump win next month, he will still most likely face a divided Congress and a Democratic House somewhat irked by his second upset victor,” wrote Nicholas Colas, co-founder of DataTrek Research. “Negotiating a CARES ACT II will be no easier in November/December 2020 than it is right now.”
Colas noted a Biden victory would not likely lead to smooth stimulus sailing after Election Day. “Nothing will happen in Washington between [Election Day and Inauguration Day], including fiscal stimulus,” he wrote. “The same goes for the political environment in D.C. if the election results are contested.”
Others are more optimistic. “Eventually, though, more money printing is coming,” wrote James Meyer at Tower Bridge Advisors. “It is just a matter of timing. That is why the market responded so quickly after the sell-off on Tuesday. So long as the sides are talking, prospects for a pre-election bill get priced into stocks.”
In the absence of a stimulus package, some agencies are making minor moves to help businesses and investors.
Late Thursday, the Small Business Administration streamlined its loan-forgiveness application for Paycheck Protection Program loans of $50,000 or less. Treasury Secretary Steven Mnuchin said he favors legislation to further simplify the forgiveness process.
The PPP has provided nearly $525 billion in loans to small businesses, according to the Treasury Department, and has been hailed by members on both sides of the aisle as a necessary lifeline to struggling businesses.
But the program has also come under fire for allowing publicly traded and larger companies to tap into the funds, while some have complained about the complex and confusing application and loan forgiveness instructions.
Small businesses remain concerned about PPP borrowing. According to a survey earlier in the week by the National Federation of Independent Business, almost 9 out of 10 PPP borrowers have spent their entire loan and are preparing to apply for loan forgiveness. Of that amount, 22% expect to lay off employees in the next six months, while almost half anticipate needing additional financial support during the next year.
“Small businesses are in danger of closing for good if they don’t get additional financial assistance,” said Holly Wade, executive director of NFIB’s research center. “It has been over six months from the onset of the health crisis and economic shutdowns, and small businesses are still struggling.”
Weekly unemployment numbers were mixed this week, with 840,000 new claims under regular state unemployment programs during the week ending October 3. Yet those needing special Pandemic Unemployment Assistance continues to grow, with 464,000 applying under that program last week.
Worse, researchers at the Federal Reserve Bank of St. Louis found recently that while most unemployment groups are declining, long-term unemployment is increasing and stood at 5.1% of the labor force as of August. “If the previous recession is any indication, reducing long-term unemployment may take a long time,” the researchers wrote.
Markets last week dipped sharply after news broke that President Trump had contracted coronavirus. Trump spent last weekend at Walter Reed Medical Center on an experimental dose of Regeneron, and after his release he claimed he has been “cured.”
Following the president’s release, however, questions remain about when exactly he contracted the virus, as well as whether he remains contagious. Trump will appear on Tucker Carlson’s show Friday night, where he will reportedly undergo a live medical evaluation by Dr. Marc Siegel, a network contributor. Siegel had previously claimed Covid-19 was no worse than the common flu.
To date, more than 36.6 million have contracted Covid-19 worldwide, according to data compiled by Johns Hopkins University. In the United States alone, just shy of 7.6 million have been confirmed infected while more than 213,000 have died. More than 1 million people have died from the virus.