courthousenews--2020-08-14--California Court Administrator Repeals Emergency Bans on Foreclosures and Evictions

( CN ) — By a vote of 19-1 on Thursday , the Judicial Council repealed emergency orders suspending foreclosure and unlawful detainer actions in California ’ s courts , leaving lawmakers just a few weeks to enact legal protections to avert an impending flood of evictions for unpaid rent when the moratorium is officially lifted on Sept. 1 .
“ This is good news .
It gives us just enough time to pass a bill so there ’ s not a gap in eviction protections .
We can breathe a very brief sigh of relief , ” Assemblymember David @ @ @ @ @ @ @ after the council ’ s vote Thursday .
“ But the work is far from over .
Potentially millions of Californians are facing eviction.
” Governor Gavin Newsom gave Chief Justice Tani Cantil-Sakauye and the council she chairs unprecedented authority in March to adopt emergency rules in response to the Covid-19 pandemic .
Among other rules it passed in April , the council voted to stay all pending judicial foreclosure actions and prohibit courts from entering default entries or issuing summonses to tenants in unlawful detainer cases — effectively stopping evictions from moving @ @ @ @ @ @ @ week , Cantil-Sakauye made it clear that the time has come to turn that responsibility over to the other two branches of government .
“ The judicial branch can not usurp the responsibility of the other two branches on a long-term basis to deal with the myriad impacts of the pandemic , ” she said .
“ The duty of the judicial branch is to resolve disputes under the law and not to legislate .
I urge our sister branches to act expeditiously to resolve this looming crisis.
” While that crisis is @ @ @ @ @ @ @ says 30-40 million Americans are at risk of eviction — it is particularly acute in California , a state already burdened with rampant homelessness and dearth of affordable housing .
A study by the Terner Center for Housing Innovation at UC Berkeley notes that as of June , 1 million renter households in California have suffered a job loss because of the pandemic ’ s resulting economic downturn .
A model developed by the Aspen Institute predicts that 3.6 million Californians will be at risk of eviction by the end of September , @ @ @ @ @ @ @ country .
Another particularly sobering study by a team of UCLA researchers led by law professor emeritus Gary Blasi estimated that with no income , 365,000 renter households in Los Angeles County alone are in immediate danger of eviction .
“ No one can say when the tsunami of evictions will arrive , ” the researchers wrote .
“ We can say that it is coming.
” In an interview , anti-poverty lawyer and USC Gould School of Law professor Clare Pastore said the “ greatest dislocation of families since the Great Depression @ @ @ @ @ @ @ s truly frightening , and everyone is grappling with what to do about it , ” Pastore said .
“ The pressure is really on the Legislature to act.
” Pastore said the state ’ s looming eviction crisis is bound up in many factors : a chronic housing shortage , a vast number of people already devoting more of than 30 % of their monthly income on rent , and the recent lapse of federal unemployment benefits that had helped renters nationwide make their rent payments in April , May , and @ @ @ @ @ @ @ that Congress has not acted to prolong expanded unemployment benefits , ” she said .
As congressional infighting over another round of pandemic relief drags on , California lawmakers are desperate to ease the financial burden on both tenants and landlords .
Two bills are currently being debated in the state Assembly and Senate .
Chiu is the author of Assembly Bill 1436 , which bans landlords from evicting tenants for unpaid rent until April 1 , 2021 , or 90 days after the Covid-19 state of emergency ends , whichever happens first @ @ @ @ @ @ @ and tenants to negotiate payment agreements , and while it also prohibits late fees or the application of security deposits to rental debt , property owners will be allowed to sue tenants for unpaid rent in 2022 .
“ Eviction isn ’ t a useful way to resolve the issue of unpaid back rent , ” he said .
“ Unlawful detainers really exist to return property back to landlords .
The bill says tenants shouldn ’ t be evicted simply because they can ’ t immediately pay back rent .
We want @ @ @ @ @ @ @ to earn and save the money to pay it back , but remove eviction as a remedy .
The long-term remedy is civil actions.
” The bill also allows property owners to request 12 months of mortgage forbearance for single-family homes and buildings under four units , similar to the 12 months offered by the federal CARES Act .
Owners of larger properties can request six months of forbearance .
“ We have heard from struggling landlords who would be impacted by their tenants ’ inability to pay rent that they were facing @ @ @ @ @ @ @ noting the CARES Act only applies to federally backed mortgages while AB 1436 will authorize all California property owners to seek forbearance .
“ We think our mortgage forbearance provisions would squarely assist smaller property owners.
” But Chiu ’ s measure faces resistance from landlord groups who say it doesn ’ t do enough to help small property owners facing foreclosure .
Debra Carlton , the California Apartment Association ’ s executive vice president for state public affairs , said AB 1436 does not require tenants to submit any declaration of financial @ @ @ @ @ @ @ encourages people not to pay rent , ” she said .
Chiu said it was true that the initial bill did not have a proof of hardship requirement .
It has since been amended , he said , to require renters to attest to financial distress from the pandemic .
Carlton said landlords would agree that evictions are not the best way to recover unpaid rent , but many will not be able to wait years to sue tenants in civil court .
“ It ’ s in nobody ’ s interest for @ @ @ @ @ @ @ The landlord isn ’ t going to get the money , and it ’ s expensive and time consuming .
she said .
“ What we would rather see is some sort of financing structure system so landlords and tenants can have the money to pay the rent.
” Under AB 1436 , she said , landlords would not be able to evict nonpaying tenants until 2022 .
“ That means landlords will go without money for two years .
A rational person can see that won ’ t work , ” Carlton @ @ @ @ @ @ @ Senator Anna Caballero , D-Salinas , will give landlords sellable tax credits to cover rent losses while offering tenants more time to repay rental debt and ask for rent reduction or forgiveness depending on their income .
Senate Bill 1410 also suspends evictions for tenants who have signed a “ Covid-19 eviction relief agreement ” with their landlord .
Critics have said that allowing the sale of tax credits to third parties doesn ’ t guarantee enough income to alleviate the financial stress on small landlords , who would also be unable to @ @ @ @ @ @ @ Judiciary Committee took up Caballero ’ s bill Wednesday , but legislators still have quite a few wrinkles to iron out regarding the tenant repayment structure , the enforcement of landlord-tenant agreements , and the bill ’ s various tax implications .
The Apartment Association does not back the bill but is asking for major amendments .
But it is the only bill they say that provides dollars for landlords , so they are working with the Senate .
“ While larger owners may be able to last until 2024 , for small @ @ @ @ @ @ @ there ’ s no way they ’ ll be able to make it until 2024 , ” Carlton said .
“ You lose half of your rent and you ’ re doomed , especially if you have a mortgage .
We ’ re getting calls from people in their 70s and 80s .
This is their retirement .
They ’ re living on this money.
” Carlton said the Apartment Association would like legislation that includes direct financial relief for small landlords .
“ If there were provisions that gave money to small @ @ @ @ @ @ @ way they can make it much longer , that would certainly be something we could support , ” she said .
“ It ’ s just about where ’ s the money going to come from.
” But Chiu said the state is in dire financial straits .
“ The problem is our state has a $ 54 billion budget deficit and we are required to balance our budget ” Chiu said .
“ So we literally have no money in our piggy bank.
” He said it makes more sense to give @ @ @ @ @ @ @ pay their landlords .
Pastore agreed landlords face immense pressure .
“ I ’ m not unsympathetic to the plight of landlords , ” she said .
“ This is landlords ’ income too .
Lots of people like to think of big , bad , greedy landlords but there are many mom-and-pop landlords facing desperate times without income from tenants .
This dwarfs the 2008 recession.
” But she said landlords would be more immediately helped by legislation to help tenants pay rent rather than through unlawful detainer actions that simply free @ @ @ @ @ @ @ else .
“ Particularly in a pandemic , it is important to protect the landlords ’ ability to receive some income if possible or receive it at a later date , but I don ’ t know that allowing the landlords to evict people is so important because where are they going to get other tenants ?
” Pastore said .
“ It ’ s not clear that the number of tenants displaced by Covid can be replaced by tenants who can pay .
We need rent relief and we need a restoration @ @ @ @ @ @ @ Pointing out another complication , Pastore said tenants will likely need lawyers to help them navigate new proposed rules on evictions .
She said despite commendable government actions to protect tenants , “ They ’ re often very complicated and not at all straightforward about what to do .
We have a desperate need for lawyers to help more people in the housing context.
” Chiu said he is also concerned about the lack of legal representation for tenants trying to negotiate repayment agreements with landlords .
“ One of the issues I @ @ @ @ @ @ @ that whatever likely complicated new rules that are put in place under which tenants and landlords work things out , we want to make sure that tenants have the ability to understand and defend their rights .
”

Chiu said AB 1436 encourages landlords and tenants to negotiate payment agreements, and while it also prohibits late fees or the application of security deposits to rental debt, property owners will be allowed to sue tenants for unpaid rent in 2022.
“Eviction isn't a useful way to resolve the issue of unpaid back rent,” he said. “Unlawful detainers really exist to return property back to landlords. The bill says tenants shouldn't be evicted simply because they can't immediately pay back rent. We want to give tenants a period of time to earn and save the money to pay it back, but remove eviction as a remedy. The long-term remedy is civil actions.”
The bill also allows property owners to request 12 months of mortgage forbearance for single-family homes and buildings under four units, similar to the 12 months offered by the federal CARES Act. Owners of larger properties can request six months of forbearance.
“We have heard from struggling landlords who would be impacted by their tenants' inability to pay rent that they were facing mortgage foreclosures,” Chiu said, noting the CARES Act only applies to federally backed mortgages while AB 1436 will authorize all California property owners to seek forbearance. “We think our mortgage forbearance provisions would squarely assist smaller property owners.”
But Chiu’s measure faces resistance from landlord groups who say it doesn’t do enough to help small property owners facing foreclosure.
Debra Carlton, the California Apartment Association’s executive vice president for state public affairs, said AB 1436 does not require tenants to submit any declaration of financial hardship caused by Covid-19. “It encourages people not to pay rent,” she said.
Chiu said it was true that the initial bill did not have a proof of hardship requirement. It has since been amended, he said, to require renters to attest to financial distress from the pandemic.
Carlton said landlords would agree that evictions are not the best way to recover unpaid rent, but many will not be able to wait years to sue tenants in civil court.
"It's in nobody's interest for there to be evictions going forward. The landlord isn't going to get the money, and it's expensive and time consuming. she said. “What we would rather see is some sort of financing structure system so landlords and tenants can have the money to pay the rent.”
Under AB 1436, she said, landlords would not be able to evict nonpaying tenants until 2022. “That means landlords will go without money for two years. A rational person can see that won't work,” Carlton said.
Another proposal authored by state Senator Anna Caballero, D-Salinas, will give landlords sellable tax credits to cover rent losses while offering tenants more time to repay rental debt and ask for rent reduction or forgiveness depending on their income. Senate Bill 1410 also suspends evictions for tenants who have signed a “Covid-19 eviction relief agreement” with their landlord.
Critics have said that allowing the sale of tax credits to third parties doesn’t guarantee enough income to alleviate the financial stress on small landlords, who would also be unable to redeem the credits until 2024
The Assembly Judiciary Committee took up Caballero’s bill Wednesday, but legislators still have quite a few wrinkles to iron out regarding the tenant repayment structure, the enforcement of landlord-tenant agreements, and the bill’s various tax implications.
The Apartment Association does not back the bill but is asking for major amendments. But it is the only bill they say that provides dollars for landlords, so they are working with the Senate.
"While larger owners may be able to last until 2024, for small owners who have less than 16 units there's no way they'll be able to make it until 2024,” Carlton said. “You lose half of your rent and you're doomed, especially if you have a mortgage. We're getting calls from people in their 70s and 80s. This is their retirement. They're living on this money.”
Carlton said the Apartment Association would like legislation that includes direct financial relief for small landlords. “If there were provisions that gave money to small owners for whom there's no way they can make it much longer, that would certainly be something we could support,” she said. “It's just about where's the money going to come from.”
But Chiu said the state is in dire financial straits.
“The problem is our state has a $54 billion budget deficit and we are required to balance our budget” Chiu said. “So we literally have no money in our piggy bank.” He said it makes more sense to give monetary relief to tenants so they can pay their landlords.
Pastore agreed landlords face immense pressure. “I’m not unsympathetic to the plight of landlords,” she said. “This is landlords’ income too. Lots of people like to think of big, bad, greedy landlords but there are many mom-and-pop landlords facing desperate times without income from tenants. This dwarfs the 2008 recession.”
But she said landlords would be more immediately helped by legislation to help tenants pay rent rather than through unlawful detainer actions that simply free a property to be rented to someone else.
“Particularly in a pandemic, it is important to protect the landlords’ ability to receive some income if possible or receive it at a later date, but I don't know that allowing the landlords to evict people is so important because where are they going to get other tenants?” Pastore said. “It’s not clear that the number of tenants displaced by Covid can be replaced by tenants who can pay. We need rent relief and we need a restoration of that federal unemployment extra benefit.”
Pointing out another complication, Pastore said tenants will likely need lawyers to help them navigate new proposed rules on evictions.
She said despite commendable government actions to protect tenants, “They're often very complicated and not at all straightforward about what to do. We have a desperate need for lawyers to help more people in the housing context.”
Chiu said he is also concerned about the lack of legal representation for tenants trying to negotiate repayment agreements with landlords.
“One of the issues I’m considering is how to ensure that whatever likely complicated new rules that are put in place under which tenants and landlords work things out, we want to make sure that tenants have the ability to understand and defend their rights.”


courthousenews--2020-08-15--Judge Halts Enforcement of LGBT Anti-Discrimination Law Against Photographer

LOUISVILLE , Ky. ( CN ) — A federal judge has issued a ruling preventing the city of Louisville from enforcing an anti-discrimination law against a wedding photographer who claims that the ordinance prevents her from refusing to photograph a same-sex wedding .
The city ’ s rule known as the “ Fairness Ordinance ” was passed in 1999 , and prevents discrimination based upon sexual orientation and gender identity for housing , employment and public accommodations .
However , U.S. District Judge Justin Walker issued a ruling Friday that puts into question the future of the ordinance , and @ @ @ @ @ @ @ from enforcing the rule against wedding photographer Chelsey Nelson while her lawsuit continues in court .
Nelson filed her lawsuit in November of last year , and claims the law violates her free speech rights because she could be sued if she refused to photograph a same-sex wedding if asked and because the law prohibits her from speaking her beliefs on her professional website .
Walker , at least preliminarily , found that the law is likely to violate Nelson ’ s free speech rights .
He said she should not be compelled @ @ @ @ @ @ @ not be prohibited from advertising her Christian beliefs as the lawsuit proceeds .
“ Because the Accommodations Provision compels Nelson to express herself in a manner contrary to her conscience , the Court presumes that the provision — as applied to Nelson — is unconstitutional , ” Walker wrote .
“ To be sure , without discovery or even an answer from Louisville , it ’ s premature to say Nelson will definitely prevail .
But it ’ s highly likely.
” Walker ’ s injunction hinged on the idea that Nelson ’ @ @ @ @ @ @ @ speech , specifically labelling wedding photography a form of “ storytelling.
” “ A government can no more compel that speech than it can compel a freelance speechwriter to write for a political candidate she opposes , ” Walker wrote .
Despite Walker appearing to favor Nelson ’ s viewpoint , he denied her request to block Louisville from enforcing the law against other businesses .
On that issue , Walker found that the law still contained many valid avenues of enforcement against sexual orientation discrimination , leaving in place protections that would @ @ @ @ @ @ @ service to a gay or lesbian patron .
“ To be clear , most applications of antidiscrimination laws — including Louisville ’ s Fairness Ordinance — are constitutional .
Today ’ s ruling is not a license to discriminate .
Nor does it allow for the ‘ serious stigma ’ that results from a sign in the window announcing that an owner won ’ t serve gay and lesbian customers , ” Walker wrote .
“ In Louisville , since 1999 and still today , Marriott can not refuse a room to a @ @ @ @ @ @ @ not deny a man dinner simply because he is gay .
Neither an empty hotel room , nor a Big Mac , is speech .
And it is unnecessary today to decide any questions unrelated to speech.
” Walker also ruled that while the lawsuit shall move forward , Nelson can not seek damages for any lost profits she feels she was denied because of her stances , as it would be difficult to blame that on the law .
This appears to be bolstered by the fact that in court documents , @ @ @ @ @ @ @ ever made a formal discrimination complaint against Nelson ’ s photography business .
In the aftermath of Walker ’ s ruling , Jonathan Scruggs , a lawyer from the Alliance Defending Freedom who argued in favor of Nelson during court proceedings , championed the court ’ s decision .
“ Just like every American , photographers and writers like Chelsey should be free to peacefully live and work according to their faith without fear of unjust punishment by the government , ” Scruggs said .
“ The court was right to halt enforcement @ @ @ @ @ @ @ while her case moves forward .
She serves everyone .
She simply can not endorse or participate in ceremonies she objects to , and the city has no right to eliminate the editorial control she has over her own photographs and blogs.
” Nelson also found support from the Department of Justice , who in February filed a statement of interest .
“ The central question presented in this case is whether the government can compel a wedding photographer to photograph , provide photography editing services for , and blog about weddings of @ @ @ @ @ @ @ does not wish to photograph or to promote , ” wrote Assistant Attorney General Eric Dreiband .
“ The answer is no.
” However , while enjoying support from the Justice Department , the American Civil Liberties Union submitted a court document voicing its support for the Fairness Ordinance .
“ There is no question that Louisville has the authority to prohibit businesses that choose to operate within its boundaries from discriminating in their sales of goods and services to the general public , ” wrote Corey Shapiro on behalf of the ACLU @ @ @ @ @ @ @ that if the court accepted Nelson ’ s argument , it could be used as a shield by other photographers who wish to discriminate against certain couples .
“ The implications of Nelson Photography ’ s arguments are not limited to sexual-orientation discrimination or weddings .
If the First Amendment bars a locality from applying an antidiscrimination law to the provision of wedding photography because it involves expression , then photography companies could refuse to photograph an interracial or interfaith couple ’ s wedding , ” Shapiro wrote .
“ Photographers could refuse @ @ @ @ @ @ @ Muslims , African Americans , or any other group the company ’ s owner does not wish to serve .
”

A federal judge has issued a ruling preventing the city of Louisville from enforcing an anti-discrimination law against a wedding photographer who claims that the ordinance prevents her from refusing to photograph a same-sex wedding.
LOUISVILLE, Ky. (CN) — A federal judge has issued a ruling preventing the city of Louisville from enforcing an anti-discrimination law against a wedding photographer who claims that the ordinance prevents her from refusing to photograph a same-sex wedding.
The city’s rule known as the “Fairness Ordinance” was passed in 1999, and prevents discrimination based upon sexual orientation and gender identity for housing, employment and public accommodations.
However, U.S. District Judge Justin Walker issued a ruling Friday that puts into question the future of the ordinance, and for the time being prevents the city from enforcing the rule against wedding photographer Chelsey Nelson while her lawsuit continues in court.
Nelson filed her lawsuit in November of last year, and claims the law violates her free speech rights because she could be sued if she refused to photograph a same-sex wedding if asked and because the law prohibits her from speaking her beliefs on her professional website.
Walker, at least preliminarily, found that the law is likely to violate Nelson’s free speech rights. He said she should not be compelled to photograph a same-sex wedding and should not be prohibited from advertising her Christian beliefs as the lawsuit proceeds.
“Because the Accommodations Provision compels Nelson to express herself in a manner contrary to her conscience, the Court presumes that the provision — as applied to Nelson — is unconstitutional,” Walker wrote. “To be sure, without discovery or even an answer from Louisville, it’s premature to say Nelson will definitely prevail. But it’s highly likely.”
Walker’s injunction hinged on the idea that Nelson’s wedding photography is a form of speech, specifically labelling wedding photography a form of “storytelling.”
“A government can no more compel that speech than it can compel a freelance speechwriter to write for a political candidate she opposes,” Walker wrote.
Despite Walker appearing to favor Nelson’s viewpoint, he denied her request to block Louisville from enforcing the law against other businesses. On that issue, Walker found that the law still contained many valid avenues of enforcement against sexual orientation discrimination, leaving in place protections that would prevent a restaurant or hotel from refusing service to a gay or lesbian patron.
“To be clear, most applications of antidiscrimination laws — including Louisville’s Fairness Ordinance — are constitutional. Today’s ruling is not a license to discriminate. Nor does it allow for the ‘serious stigma’ that results from a sign in the window announcing that an owner won’t serve gay and lesbian customers,” Walker wrote.
“In Louisville, since 1999 and still today, Marriott cannot refuse a room to a same-sex couple. McDonald’s cannot deny a man dinner simply because he is gay. Neither an empty hotel room, nor a Big Mac, is speech. And it is unnecessary today to decide any questions unrelated to speech.”
Walker also ruled that while the lawsuit shall move forward, Nelson cannot seek damages for any lost profits she feels she was denied because of her stances, as it would be difficult to blame that on the law. This appears to be bolstered by the fact that in court documents, it is stated that no one has ever made a formal discrimination complaint against Nelson’s photography business.
In the aftermath of Walker’s ruling, Jonathan Scruggs, a lawyer from the Alliance Defending Freedom who argued in favor of Nelson during court proceedings, championed the court’s decision.
“Just like every American, photographers and writers like Chelsey should be free to peacefully live and work according to their faith without fear of unjust punishment by the government,” Scruggs said. “The court was right to halt enforcement of Louisville’s law against Chelsey while her case moves forward. She serves everyone. She simply cannot endorse or participate in ceremonies she objects to, and the city has no right to eliminate the editorial control she has over her own photographs and blogs.”
Nelson also found support from the Department of Justice, who in February filed a statement of interest.
“The central question presented in this case is whether the government can compel a wedding photographer to photograph, provide photography editing services for, and blog about weddings of which she does not approve, and does not wish to photograph or to promote,” wrote Assistant Attorney General Eric Dreiband. “The answer is no.”
However, while enjoying support from the Justice Department, the American Civil Liberties Union submitted a court document voicing its support for the Fairness Ordinance.
“There is no question that Louisville has the authority to prohibit businesses that choose to operate within its boundaries from discriminating in their sales of goods and services to the general public,” wrote Corey Shapiro on behalf of the ACLU.
The ACLU went on to argue that if the court accepted Nelson’s argument, it could be used as a shield by other photographers who wish to discriminate against certain couples.
“The implications of Nelson Photography’s arguments are not limited to sexual-orientation discrimination or weddings. If the First Amendment bars a locality from applying an antidiscrimination law to the provision of wedding photography because it involves expression, then photography companies could refuse to photograph an interracial or interfaith couple’s wedding,” Shapiro wrote.
“Photographers could refuse to provide photography services for women, Muslims, African Americans, or any other group the company’s owner does not wish to serve.”


Retail Marijuana

PORTLAND , Maine — Maine can not use two criteria in the point matrix system it plans to use to @ @ @ @ @ marijuana stores , a federal court in the state ruled .
The criteria give an @ @ @ @ @ s residents over non-residents , and the state is unlikely to “ succeed in justifying @ @ @ @ @ according to the court .

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.


Emoji Patent

SAN FRANCISCO — A federal court in California dismissed a patent action brought by business communication platform Slack against web @ @ @ @ @ jurisdiction .
Phoji enables users to create custom photo-based emojis .


courthousenews--2020-08-14--Experts ‘Frustrated’ and Apprehensive as Georgia Fails to Control Spread of Virus

ATLANTA ( CN ) — After rushing to become the first state in the country to reopen in May following a late shutdown in response to the pandemic , over 4,000 Georgians are dead from the virus and some experts warn that things could get worse if officials don ’ t move quickly to control the spread .
In defiance of White House Coronavirus Task Force guidelines advising states to emerge from their shutdowns only after observing declining rates in documented cases , Georgia officials allowed gyms and other businesses known to contribute to the spread of the virus to @ @ @ @ @ @ @ has the fifth-highest number of Covid-19 cases in the nation , Republican Governor Brian Kemp has repeatedly resisted implementing a mask mandate , calling it “ a bridge too far , ” and sued the city of Atlanta to stop local officials from enforcing a mask rule .
Kemp withdrew the lawsuit Friday but said he will sign an executive order preventing local governments from mandating mask use on private property .
Georgia is averaging over 3,000 new cases each day , with more than 231,895 infected so far , according to the @ @ @ @ @ @ @ the state has conducted more than 1.9 million tests and its testing capacity has improved since May , Georgia remains among the nearly two dozen states designated as having “ uncontrolled spread ” as measured by the rate of new cases by the non-partisan think tank Covid Exit Strategy .
One day after the governor refused to set a mask mandate for public schools and said the state has made “ positive progress ” with regard to testing , Georgia broke its own single-day death toll from the virus with 137 deaths reported @ @ @ @ @ @ @ Health .
On Thursday , the Atlanta Journal-Constitution said it had obtained a report from the White House Coronavirus Task Force warning that the state is not doing enough to curb the spread of the virus and recommending that officials adopt a statewide mask mandate .
The concerns reportedly expressed in the document echo the worries of local health experts .
“ We ’ re not really doing anything to try to stop it , ” Dr. Amber Schmidtke , a microbiologist and public health analyst , told Courthouse News Thursday .
“ @ @ @ @ @ @ @ transmission by opening schools and such .
When you combine that with the fact that we have not done enough testing , we don ’ t have enough contact tracers , we don ’ t have enough hospital capacity — it ’ s a worrying situation right now , ” Schmidtke said .
The decision to reopen some public schools in Georgia has led to nationwide debate .
According to school reform group GeorgiaCAN , more than 80 Georgia school districts have opened or plan to open for some kind of in-person instruction @ @ @ @ @ @ @ in Dallas , Georgia made national headlines after a student posted a photo to Twitter showing a school hallway crammed with students who were not wearing masks just days after the school opened for the 2020-2021 academic year .
The school closed temporarily after it was discovered that 35 students tested positive for the virus but plans to reopen Monday .
Another school , Etowah High School in the Cherokee County school district , announced that it would close Tuesday until Aug. 31 after more than 900 students and staff were quarantined due @ @ @ @ @ @ @ open for just six days .
Although few children have died due to Covid-19 , children who are infected with the virus can increase the spread of infection among the general population .
A report published by the American Academy of Pediatrics and the Children ’ s Hospital Association on July 30 found that Georgia ’ s rate of Covid-19 cases among children is higher than the national average .
According to the report , Georgia ranks sixth in cumulative number of child Covid-19 cases with a total of 14,295 cases as of @ @ @ @ @ @ @ one child death due to the virus .
Dr. Andreas Handel , an epidemiologist and infectious disease modeler at the University of Georgia , warned that school reopenings , which he called “ a definite problem , ” could cause the number of positive cases to shoot up .
Although returning to school may not be a high-risk activity for many younger students , the danger comes after they leave school for the day .
“ They take it home and give it to family members and I think that will probably lead @ @ @ @ @ @ @ ” Handel said .
For college students , the risk is significantly higher due to their age , Handel explained .
“ As long as they stay on campus , they ’ ll just spread it among each other but they will quite likely have contact with the community .
Some universities have the plan that when students test positive they ’ re asked to go home , then of course that means they take it with them , ” Handel said .
Handel said Georgia officials should consider another shutdown , “ @ @ @ @ @ @ @ was in March.
” “ I don ’ t think there ’ s a need for bars to be open right now and there ’ s no need for in-door dining in restaurants and there should be a general mask requirement , ” Handel said , acknowledging that a full shutdown may not be “ feasible.
” Schmidtke said Thursday that she would also encourage officials to implement another shutdown to bring transmission levels down “ to a level that we can properly track and monitor through testing.
” “ We could add @ @ @ @ @ @ @ ’ t matter if we don ’ t also work on the front end of trying to reduce disease transmission in our communities .
Ultimately , we will hit a wall on testing even if we ’ re putting out a million tests a day , ” she said .
Even as the rates for testing in the state increase , positive results remain at the same levels , prompting experts to question whether the state ’ s leadership is doing enough to combat transmission .
“ I don ’ t think we @ @ @ @ @ @ @ not going down and that ’ s what they should do , ” Handel said Friday .
Although Dr. Colin Smith , an epidemiologist and clinical assistant professor of health management and policy at Georgia State University , says he was “ surprised ” to see the state exceeded his expectations in terms of the number of tests produced each day , he believes Georgia came out of the shutdown “ too quickly ” and says that the state did not meet White House criteria for having opened “ even though we claimed @ @ @ @ @ @ @ have such a need because we have uncontrolled spread that our capacity is not meeting the need that we have and you can see that as it ’ s reflected in the percent of positive cases creeping up , ” Smith , who previously served as the president of the Georgia Public Health Association , said .
The stagnant progress has become disappointing for some public health professionals because the data they provide to help people make informed decisions “ feels like it ’ s being ignored or politicized , ” Schmidtke explained @ @ @ @ @ @ @ we are right now , especially to see the deaths climb as they are because those deaths were probably preventable .
That ’ s honestly the hardest part about working in public health right now , ” she said .

After rushing to become the first state in the country to reopen in May following a late shutdown in response to the pandemic, over 4,000 Georgians are dead from the virus and some experts warn that things could get worse if officials don’t move quickly to control the spread.
ATLANTA (CN) — After rushing to become the first state in the country to reopen in May following a late shutdown in response to the pandemic, over 4,000 Georgians are dead from the virus and some experts warn that things could get worse if officials don’t move quickly to control the spread.
In defiance of White House Coronavirus Task Force guidelines advising states to emerge from their shutdowns only after observing declining rates in documented cases, Georgia officials allowed gyms and other businesses known to contribute to the spread of the virus to reopen in May.
Even though Georgia has the fifth-highest number of Covid-19 cases in the nation, Republican Governor Brian Kemp has repeatedly resisted implementing a mask mandate, calling it “a bridge too far,” and sued the city of Atlanta to stop local officials from enforcing a mask rule. Kemp withdrew the lawsuit Friday but said he will sign an executive order preventing local governments from mandating mask use on private property.
Georgia is averaging over 3,000 new cases each day, with more than 231,895 infected so far, according to the Georgia Department of Public Health.
Although the state has conducted more than 1.9 million tests and its testing capacity has improved since May, Georgia remains among the nearly two dozen states designated as having “uncontrolled spread” as measured by the rate of new cases by the non-partisan think tank Covid Exit Strategy.
One day after the governor refused to set a mask mandate for public schools and said the state has made “positive progress” with regard to testing, Georgia broke its own single-day death toll from the virus with 137 deaths reported Tuesday by the Georgia Department of Public Health.
On Thursday, the Atlanta Journal-Constitution said it had obtained a report from the White House Coronavirus Task Force warning that the state is not doing enough to curb the spread of the virus and recommending that officials adopt a statewide mask mandate.
The concerns reportedly expressed in the document echo the worries of local health experts.
“We’re not really doing anything to try to stop it,” Dr. Amber Schmidtke, a microbiologist and public health analyst, told Courthouse News Thursday.
“In fact, we’re adding transmission by opening schools and such. When you combine that with the fact that we have not done enough testing, we don’t have enough contact tracers, we don’t have enough hospital capacity — it’s a worrying situation right now,” Schmidtke said.
The decision to reopen some public schools in Georgia has led to nationwide debate. According to school reform group GeorgiaCAN, more than 80 Georgia school districts have opened or plan to open for some kind of in-person instruction in August.
North Paulding High School in Dallas, Georgia made national headlines after a student posted a photo to Twitter showing a school hallway crammed with students who were not wearing masks just days after the school opened for the 2020-2021 academic year.
The school closed temporarily after it was discovered that 35 students tested positive for the virus but plans to reopen Monday.
Another school, Etowah High School in the Cherokee County school district, announced that it would close Tuesday until Aug. 31 after more than 900 students and staff were quarantined due to an outbreak. The school was open for just six days.
Neither school required students to wear masks.
Although few children have died due to Covid-19, children who are infected with the virus can increase the spread of infection among the general population.
A report published by the American Academy of Pediatrics and the Children’s Hospital Association on July 30 found that Georgia’s rate of Covid-19 cases among children is higher than the national average.
According to the report, Georgia ranks sixth in cumulative number of child Covid-19 cases with a total of 14,295 cases as of July 30. The state reported only one child death due to the virus.
Dr. Andreas Handel, an epidemiologist and infectious disease modeler at the University of Georgia, warned that school reopenings, which he called “a definite problem,” could cause the number of positive cases to shoot up.
Although returning to school may not be a high-risk activity for many younger students, the danger comes after they leave school for the day.
“They take it home and give it to family members and I think that will probably lead to a lot of community spread,” Handel said.
For college students, the risk is significantly higher due to their age, Handel explained.
“As long as they stay on campus, they’ll just spread it among each other but they will quite likely have contact with the community. Some universities have the plan that when students test positive they’re asked to go home, then of course that means they take it with them,” Handel said.
Handel said Georgia officials should consider another shutdown, “although maybe not as extreme as it was in March.”
“I don’t think there’s a need for bars to be open right now and there’s no need for in-door dining in restaurants and there should be a general mask requirement,” Handel said, acknowledging that a full shutdown may not be “feasible.”
Schmidtke said Thursday that she would also encourage officials to implement another shutdown to bring transmission levels down “to a level that we can properly track and monitor through testing.”
“We could add a million tests tomorrow and it wouldn’t matter if we don’t also work on the front end of trying to reduce disease transmission in our communities. Ultimately, we will hit a wall on testing even if we’re putting out a million tests a day,” she said.
Even as the rates for testing in the state increase, positive results remain at the same levels, prompting experts to question whether the state’s leadership is doing enough to combat transmission.
“I don’t think we’re doing enough. Cases are not going down and that’s what they should do,” Handel said Friday.
Although Dr. Colin Smith, an epidemiologist and clinical assistant professor of health management and policy at Georgia State University, says he was “surprised” to see the state exceeded his expectations in terms of the number of tests produced each day, he believes Georgia came out of the shutdown “too quickly” and says that the state did not meet White House criteria for having opened “even though we claimed that we did.”
“We now have such a need because we have uncontrolled spread that our capacity is not meeting the need that we have and you can see that as it’s reflected in the percent of positive cases creeping up,” Smith, who previously served as the president of the Georgia Public Health Association, said.
The stagnant progress has become disappointing for some public health professionals because the data they provide to help people make informed decisions “feels like it’s being ignored or politicized,” Schmidtke explained.
“It feels very frustrating where we are right now, especially to see the deaths climb as they are because those deaths were probably preventable. That’s honestly the hardest part about working in public health right now,” she said.


Gun Shop Closures

ALBANY , N.Y. — A federal court in New York dismissed the National Rifle Association ’ s suit against the @ @ @ @ @ over gun shop closures during the Covid-19 pandemic .


Ballot Order

ATLANTA — A federal court in Georgia refused to enjoin enforcement of the state ’ s ballot order statute , @ @ @ @ @ same party as the most recently elected governor to be listed first on the ballot @ @ @ @ @ the state ’ s general elections .


Ebola Quarantine

NEW YORK — The Second Circuit upheld a ruling against individuals and the Liberian Community Association of Connecticut who claimed @ @ @ @ @ two to three-week quarantines from immigrants and travelers from West Africa during the Ebola epidemic @ @ @ @ @


courthousenews--2020-08-14--California Courts Covid Update

California Courts Covid Update

Aug. 13 , 2020 : Emergency rules regarding evictions and foreclosures are to end midnight Sept. 1


courthousenews--2020-08-14--Most California Students to Begin School Year Learning From Home

SACRAMENTO , Calif. ( CN ) — With the school already underway in some parts of the state , California Governor Gavin Newsom estimated Friday that more than 5 million kids will start the year at home because over 90 % of the state ’ s schools are shuttered due to the pandemic .
The father of four acknowledged starting the school year with distance learning is “ sub-optimal ” but was necessary due to the persistent virus .
Hoping to smooth the in-home learning process for students , parents and teachers , Newsom said the state and philanthropists have @ @ @ @ @ @ @ internet hotspots since March .
In addition , the state has dished out over $ 5 billion in federal pandemic relief to cash-strapped districts , including $ 475 million to Los Angeles Unified , $ 87 million to Fresno Unified and $ 44 million for Elk Grove , just outside Sacramento .
Rather than simply taping lessons , the state has issued guidelines to school districts requiring teachers to have daily interactions with students .
Where applicable , educators must craft specialized lessons for students in homes where English is the second language @ @ @ @ @ @ @ and State Superintendent Tony Thurmond said ensuring all students had the proper equipment to bridge the “ digital divide ” is paramount to making the 2020-2021 school year a success .
“ The most difficult circumstances that we will probably encounter in our lifetime , ” Thurmond said of the challenge facing California families and schools .
Schools in counties listed on the state ’ s coronavirus watchlist are prohibited from opening , although individual elementary schools can apply for waivers .
Currently 38 counties making up over 95 % of the state @ @ @ @ @ @ @ , and are additionally banned from allowing dining and religious services except outdoors .
California on Friday became the first state to clear 600,000 confirmed coronavirus cases , a figure buoyed by the clearing of a backlog of hundreds of thousands of test results .
Despite the distinction of leading the nation in infections , Governor Gavin Newsom said the week ’ s daily case updates have been inflated by the since-fixed glitch within the state ’ s test clearinghouse , and that he was more concerned with improving trends in other areas @ @ @ @ @ @ @ the number of people hospitalized due to Covid-19 has dropped 20 % while the state ’ s positivity rate has decreased to 6.2 % .
Newsom said the trends show California is finally “ moving in a positive direction ” in its fight pandemic fight .
“ That ’ s an encouraging sign , ” Newsom told reporters .
“ We need to see more stability , we need to see that line continue to bend in this direction.
” With 603,000 cases confirmed , California ranks first nationwide ahead of Florida ( @ @ @ @ @ @ @ and New York ( 424,000 ) , according to Johns Hopkins University .
California has the third highest death toll with 11,000 , behind New York ( 32,800 ) and New Jersey ( 15,900 ) .
Friday ’ s briefing comes hours after another key member of the Newsom administration announced his resignation .
Late Thursday , Newsom ’ s office legislative liaison Anthony Williams will be leaving at the end of the legislative session .
Williams helped guide the governor ’ s negotiations with the Legislature over the last two years and @ @ @ @ @ @ @ be closer to his family in Southern California .
Williams ’ exit extends a trend of turnover within the administration .
Earlier this week the director of the California Department of Public Health quit amid a snafu involving the state ’ s coronavirus counting database .
In April , Newsom ’ s chief financial adviser and former chair of the High-Speed Rail Authority Lenny Mendonca abruptly resigned .
During Friday ’ s wide-ranging Q & A with reporters , Newsom urged caution when asked about the recent push by state Democrats to raise @ @ @ @ @ @ @ He said he hasn ’ t read the bills but warned tinkering with the state ’ s already high tax rate could have unintended economic consequences .
“ Your ability to obtain and attract talent , individuals , companies and your competitiveness , everything needs to be considered in that light , ” Newsom said of the bills , which are not expected to be heard by the end of the legislative session .
And with warnings coming from the U.S .
Postal Service about the potential for major mail service delays during @ @ @ @ @ @ @ Trump of trying to “ sabotage ” mail voting .
He said insufficient funding of the Post Office could not only impact state elections but deprive services to seniors .
“ I haven ’ t experienced this in my life , I don ’ t know that any of us have , the weaponization of sorts of our postal system , ” Newsom said .

California on Friday became the first state to clear 600,000 confirmed coronavirus cases, a figure buoyed by the clearing of a backlog of hundreds of thousands of test results.
SACRAMENTO, Calif. (CN) — With school already underway in some parts of the state, California Governor Gavin Newsom estimated Friday that more than 5 million kids will start the year at home because over 90% of the state's schools are shuttered due to the pandemic.
The father of four acknowledged starting the school year with distance learning is “suboptimal” but was necessary due to the persistent virus.
Hoping to smooth the in-home learning process for students, parents and teachers, Newsom said the state and philanthropists have provided over 73,000 laptops and 100,000 wireless internet hotspots since March. In addition, the state has dished out over $5 billion in federal pandemic relief to cash-strapped districts, including $475 million to Los Angeles Unified, $87 million to Fresno Unified and $44 million for Elk Grove, just outside Sacramento.
Rather than simply taping lessons, the state has issued guidelines to school districts requiring teachers to have daily interactions with students. Where applicable, educators must craft specialized lessons for students in homes where English is the second language and for special education students.
Newsom and State Superintendent Tony Thurmond said ensuring all students had the proper equipment to bridge the “digital divide” is paramount to making the 2020-21 school year a success.
“The most difficult circumstances that we will probably encounter in our lifetime,” Thurmond said of the challenge facing California families and schools.
Schools in counties listed on the state’s coronavirus watchlist are prohibited from opening, although individual elementary schools can apply for waivers.
Currently 38 counties making up over 95% of the state’s population are on the list, and are additionally banned from allowing dining and religious services except outdoors.
California on Friday became the first state to clear 600,000 confirmed coronavirus cases, a figure buoyed by the clearing of a backlog of hundreds of thousands of test results.
Despite the distinction of leading the nation in infections, Governor Gavin Newsom said the week’s daily case updates have been inflated by the since-fixed glitch within the state’s test clearinghouse, and that he was more concerned with improving trends in other areas.
Over the last two weeks, the number of people hospitalized due to Covid-19 has dropped 20% while the state’s positivity rate has decreased to 6.2%. Newsom said the trends show California is finally “moving in a positive direction” in its pandemic fight.
“That’s an encouraging sign,” Newsom told reporters. “We need to see more stability, we need to see that line continue to bend in this direction.”
With 603,000 cases confirmed, California ranks first nationwide ahead of Florida (563,000), Texas (532,000) and New York (424,000), according to Johns Hopkins University. California has the third highest death toll with 11,000, behind New York (32,800) and New Jersey (15,900).
Friday’s briefing comes hours after another key member of the Newsom administration announced his resignation.
Late Thursday, Newsom’s office legislative liaison Anthony Williams will be leaving at the end of the legislative session. Williams helped guide the governor’s negotiations with the Legislature over the last two years and said he is leaving the role to be closer to his family in Southern California.
Williams’ exit extends a trend of turnover within the administration. Earlier this week the director of the California Department of Public Health quit amid a snafu involving the state’s coronavirus counting database. In April, Newsom’s chief financial adviser and former chair of the High-Speed Rail Authority Lenny Mendonca abruptly resigned.
Newsom additionally appointed a series of new advisers to help with the overhaul of the state’s embattled unemployment agency, which has struggled to keep up with the millions of unemployment claims filed since March. He appointed a chief deputy director of external affairs, deputy director of legislative affairs and a new general counsel.
The moves come after several lawmakers called for a shakeup of the agency plagued by old technology and staffing shortages.
During Friday's wide-ranging Q&A with reporters, Newsom urged caution when asked about the recent push by state Democrats to raise taxes on millionaires to fund schools. He said he hasn’t read the bills but warned tinkering with the state’s already high tax rate could have unintended economic consequences.
“Your ability to obtain and attract talent, individuals, companies and your competitiveness, everything needs to be considered in that light,” Newsom said of the bills, which are not expected to be heard by the end of the legislative session.
And with warnings coming from the U.S. Postal Service about the potential for major mail service delays during the fall, Newsom accused President Donald Trump of trying to “sabotage” mail voting. He said insufficient funding of the Post Office could not only impact state elections but deprive services to seniors.
“I haven’t experienced this in my life, I don’t know that any of us have, the weaponization of sorts of our postal system,” Newsom said.


courthousenews--2020-08-14--FBI Lawyer Indicted in Review of Trump-Russia Probe; Plea Expected

WASHINGTON ( CN ) — President Trump was ebullient Friday afternoon in announcing the forthcoming guilty plea of a lawyer in , as he put it , “ James Comey ’ s very corrupt FBI.
” “ The fact is they spied on my campaign and they got caught , ” Trump said at a White House briefing , calling the charges against Kevin Clinesmith , 38 , “ just the beginning … because what happened should never happen again.
” As detailed in charging papers filed this morning in Washington , Clinesmith was an assistant general counsel for the @ @ @ @ @ @ @ s Crossfire Hurricane investigation of Russian meddling in the 2016 election and the Trump campaign ’ s suspected facilitation of those efforts .
In an apparent reference to Trump campaign aide Carter Page , the indictment notes that the FBI executed a wiretap against Individual # 1 under the Foreign Intelligence Surveillance Act in October 2016 , and that three subsequent applications to approve that warrant were approved over the next year .
The FBI cited probable cause that the target “ was a knowing agent of a foreign power , specifically Russia @ @ @ @ @ @ @ says the FBI was already informed in August 2016 this individual served as an “ operational contact ” for an unspecified government agency from 2008 to 2013 , and that he had provided the agency with information about his “ prior contacts with certain Russian intelligence officers ” to that end .
Robert Mueller had been appointed as special counsel to oversee the investigation by May 2017 when the FBI needed to renew the surveillance warrant of Page for the third time .
It was around this time , however , that Page @ @ @ @ @ @ @ CIA source .
Prosecutors say Clinesmith verified Page ’ s status with a CIA liaison on June 15 , 2017 , but misrepresented what the liaison told him to incorrectly say that Page was “ not a source.
” Falsifying this information allowed the FBI to renew Page ’ s warrant for the third time on June 29 , 2017 .
Clinesmith resigned from the FBI last year and is expected to plead guilty to one count of making a false statement .
Justin Shur , an attorney for the lawyer with the @ @ @ @ @ @ @ a request for comment Friday .
Shur told The New York Times , however , that Clinesmith regrets altering the email .
“ It was never his intent to mislead the court or his colleagues , as he believed the information he relayed was accurate , ” Shur said , “ but Kevin understands what he did was wrong and accepts responsibility.
” Clinesmith ’ s indictment follows a report from the Justice Department ’ s inspector general , who concluded independently that the FBI made “ significant inaccuracies and omissions ” across @ @ @ @ @ @ @ surveillance , and that “ the Crossfire Hurricane team failed to comply with FBI policies and in doing so fell short of what is rightfully expected from a premier law enforcement agency entrusted with such an intrusive surveillance tool.
” This is the first criminal case to come from a probe of Operation Crossfire Hurricane since U.S. Attorney General William Barr tapped U.S. Attorney John Durham to lead it last year while Democrats opened an impeachment inquiry against Trump .
For Democratic Congressmen Jerry Nadler and Adam Schiff , the chairmen of the @ @ @ @ @ @ @ , the Justice Department under Barr has “ become a vehicle for President Trump ’ s political revenge.
” Party leaders contend that scrutiny of the Russia investigation is a naked attempt to sways the 2020 presidential election in Trump ’ s favor while playing directly into the Kremlin ’ s disinformation campaign .
Although Justice Department policy says prosecutors should not take public actions in the weeks before an election or use investigations to affect an election ’ s results , Barr has said these rules do not apply in this scenario @ @ @ @ @ @ @ conservative talk show host Hugh Hewitt he thinks this rule only applies to investigations concerning presidential “ candidates or perhaps someone that ’ s sufficiently close to a candidate , ” whereas none of the individuals Durham is examining “ are running for president.
” Trump supporters see the case brought against Clinesmith as an exposition into whether the FBI engaged in wrongdoing by investigating whether the Trump campaign and Russia worked together to pull off Trump ’ s presidential victory in 2016 .
Barr appointed Durham , who is the U.S. attorney @ @ @ @ @ @ @ Congress he believed “ spying did occur ” on the Trump campaign in 2016 .
Durham ’ s office said it had “ no further comment ” on the Clinesmith matter Friday .
After Trump ’ s election , the FBI turned over the Crossfire Hurricane investigation to special counsel Robert Mueller report .
Mueller ’ s report of the probe in April 2019 failed to allege a criminal conspiracy but did find that Trump ’ s campaign had contact with Russia during the 2016 campaign .
Mueller by his own words he @ @ @ @ @ @ @ Trump ’ s campaign conspired or coordinated with the Russian government , ” although there has been debate about what those words mean .
The Mueller report did not reach a conclusion on whether Trump had obstructed justice while attempting to stop the 2016 Russia probe .

President Trump was ebullient Friday afternoon in announcing the forthcoming guilty plea of a lawyer in, as he put it, “James Comey’s very corrupt FBI.”
WASHINGTON (CN) — President Trump was ebullient Friday afternoon in announcing the forthcoming guilty plea of a lawyer in, as he put it, “James Comey’s very corrupt FBI.”
“The fact is they spied on my campaign and they got caught,” Trump said at a White House briefing, calling the charges against Kevin Clinesmith, 38, “just the beginning ... because what happened should never happen again.”
As detailed in charging papers filed this morning in Washington, Clinesmith was an assistant general counsel for the FBI assigned to support the bureau’s Crossfire Hurricane investigation of Russian meddling in the 2016 election and the Trump campaign’s suspected facilitation of those efforts.
In an apparent reference to Trump campaign aide Carter Page, the indictment notes that the FBI executed a wiretap against Individual #1 under the Foreign Intelligence Surveillance Act in October 2016, and that three subsequent applications to approve that warrant were approved over the next year.
The FBI cited probable cause that the target “was a knowing agent of a foreign power, specifically Russia,” but Clinesmith’s indictment says the FBI was already informed in August 2016 this individual served as an “operational contact” for an unspecified government agency from 2008 to 2013, and that he had provided the agency with information about his “prior contacts with certain Russian intelligence officers” to that end.
Robert Mueller had been appointed as special counsel to oversee the investigation by May 2017 when the FBI needed to renew the surveillance warrant of Page for the third time. It was around this time, however, that Page had asserted publicly that he was a CIA source.
Prosecutors say Clinesmith verified Page’s status with a CIA liaison on June 15, 2017, but misrepresented what the liaison told him to incorrectly say that Page was “not a source.”
Falsifying this information allowed the FBI to renew Page’s warrant for the third time on June 29, 2017.
Clinesmith resigned from the FBI last year and is expected to plead guilty to one count of making a false statement.
Justin Shur, an attorney for the lawyer with the firm MoloLamken, did not immediately return a request for comment Friday. Shur told The New York Times, however, that Clinesmith regrets altering the email.
"It was never his intent to mislead the court or his colleagues, as he believed the information he relayed was accurate,” Shur said, “but Kevin understands what he did was wrong and accepts responsibility."
Clinesmith’s indictment follows a report from the Justice Department's inspector general, who concluded independently that the FBI made “significant inaccuracies and omissions” across its four applications concerning Page’s surveillance, and that “the Crossfire Hurricane team failed to comply with FBI policies and in doing so fell short of what is rightfully expected from a premier law enforcement agency entrusted with such an intrusive surveillance tool.”
This is the first criminal case to come from a probe of Operation Crossfire Hurricane since U.S. Attorney General William Barr tapped U.S. Attorney John Durham to lead it last year while Democrats opened an impeachment inquiry against Trump.
For Democratic Congressmen Jerry Nadler and Adam Schiff, the chairmen of the House Judiciary and Intelligence committees, respectively, the Justice Department under Barr has “become a vehicle for President Trump’s political revenge.”
Party leaders contend that scrutiny of the Russia investigation is a naked attempt to sways the 2020 presidential election in Trump’s favor while playing directly into the Kremlin’s disinformation campaign. Although Justice Department policy says prosecutors should not take public actions in the weeks before an election or use investigations to affect an election’s results, Barr has said these rules do not apply in this scenario.
Back in April, Barr told conservative talk show host Hugh Hewitt he thinks this rule only applies to investigations concerning presidential “candidates or perhaps someone that’s sufficiently close to a candidate,” whereas none of the individuals Durham is examining “are running for president.”
Trump supporters see the case brought against Clinesmith as an exposition into whether the FBI engaged in wrongdoing by investigating whether the Trump campaign and Russia worked together to pull off Trump’s presidential victory in 2016.
Barr appointed Durham, who is the U.S. attorney for Connecticut, after telling members of Congress he believed “spying did occur” on the Trump campaign in 2016. Durham’s office said it had “no further comment” on the Clinesmith matter Friday.
After Trump’s election, the FBI turned over the Crossfire Hurricane investigation to special counsel Robert Mueller report. Mueller’s report of the probe in April 2019 failed to allege a criminal conspiracy but did find that Trump’s campaign had contact with Russia during the 2016 campaign.
Mueller by his own words he “did not establish that members of Trump’s campaign conspired or coordinated with the Russian government,” although there has been debate about what those words mean.
The Mueller report did not reach a conclusion on whether Trump had obstructed justice while attempting to stop the 2016 Russia probe.


courthousenews--2020-08-15--Alleged Gang Member Charged With 2019 Murder of San Francisco Teen

( CN ) — Federal prosecutors unsealed a criminal complaint Friday charging an alleged member of the San Francisco Norteños gang with the murder of 15-year-old Day ’ von Hann last year in the city ’ s Mission District .
Fernando Madrigal , 22 , fatally shot Hann in the early hours of July 8 , a block away from the 24th and Mission BART Station , according to the criminal complaint .
Hann ’ s murder sparked citywide mourning and an uproar from community residents who called on city leaders to invest in programs and jobs for youth of @ @ @ @ @ @ @ violence .
Before his death , Hann was active with United Playaz , a San Francisco-based violence prevention and youth development organization .
Madrigal — also called “ Nando ” — was arrested Friday by local and federal law enforcement .
The complaint , filed in the Northern District of California , alleges Madrigal and other Norteños gang members shot Hann , believing he was a member of rival gang Army Street .
The Norteños had claimed control of the area around 24th Street and Mission Street in San Francisco where Hann resided @ @ @ @ @ @ @ had no connection to the gang .
Police responded to the scene of the shooting and found Hann was not breathing .
He was pronounced dead just 10 minutes after he was shot in the back , FBI Deputy Special Agent Craig Fair said in a press conference Friday .
“ This murder was senseless and horrific , ” he said .
Hann , who was not named in the complaint but identified in local media reports , was identified at the scene from the school ID he was carrying when he was @ @ @ @ @ @ @ allegedly drove with the gang to the nearby Bernal Dwellings apartments , a complex claimed as territory of their rival gang , and fired a shot at the building .
San Francisco Police responded to the second shooting and pursued the alleged gang members in a high-speed chase through San Mateo County , though they eventually evaded authorities .
Fair said in a statement gang violence disproportionately affects people of color and working class communities in San Francisco .
“ No one should be afraid to walk in their own neighborhood , and @ @ @ @ @ @ @ or daughter to gang violence , ” Fair said .
U.S. Attorney David Anderson said in a statement Friday that Hann ’ s murder was a “ senseless ” tragedy .
“ The Mission District deserves to be just as free from gang warfare as every other neighborhood in San Francisco , ” Anderson said .
“ We will continue to work with our local law enforcement partners to eradicate gang violence.
” Days before the shooting , Madrigal posted videos of himself on Instagram holding an AR-15 rifle and wearing a glove @ @ @ @ @ @ @ , according to a 31-page affidavit of FBI Special Agent Keigan Park .
According to the affidavit , Park believes Madrigal loaded the magazine while wearing a glove in order to avoid having law enforcement detect his fingerprints .
“ I know from my training and experience that at least one reason to load ammunition using a gloved hand is to avoid leaving evidence such as DNA or fingerprints on the ammunition , ” the affidavit said .
In an Instagram story posted July 6 on Madrigal ’ s account “ nando.needitall , @ @ @ @ @ @ @ , short-barreled rifle , which according to Park is also called a “ mini chop , ” and speaking with three other individuals inside a room .
“ Straight thugging , ” Madrigal says in the video , which was obtained via search warrant .
“ Didn ’ t want to bring out the Glock , so I brought the mini chop.
” Madrigal is an admitted member of the Locos North Side clique , a faction of the Norteños gang , the affidavit said .
Madrigal will make an initial appearance in @ @ @ @ @ @ @ a hearing has yet to be scheduled , prosecutors said Friday .
Madrigal faces a maximum sentence of life in prison , and a fine of $ 250,000 .
Prosecutors said he ’ s also eligible for the death penalty , which was halted by California Governor Gavin Newsom last year .

Federal prosecutors unsealed a criminal complaint Friday charging an alleged member of the San Francisco Norteños gang with the murder of 15-year-old Day’von Hann last year in the city’s Mission District.
A screenshot of an image in an FBI affidavit unsealed Friday showing Fernando Madrigal loading ammunition in a weapon days before he allegedly shot a 15-year-old boy in San Francisco.
(CN) — Federal prosecutors unsealed a criminal complaint Friday charging an alleged member of the San Francisco Norteños gang with the murder of 15-year-old Day’von Hann last year in the city’s Mission District.
Fernando Madrigal, 22, fatally shot Hann in the early hours of July 8, a block away from the 24th and Mission BART Station, according to the criminal complaint.
Hann’s murder sparked citywide mourning and an uproar from community residents who called on city leaders to invest in programs and jobs for youth of color and to clamp down on gang violence. Before his death, Hann was active with United Playaz, a San Francisco-based violence prevention and youth development organization.
Madrigal — also called “Nando” — was arrested Friday by local and federal law enforcement.
The complaint, filed in the Northern District of California, alleges Madrigal and other Norteños gang members shot Hann, believing he was a member of rival gang Army Street.
The Norteños had claimed control of the area around 24th Street and Mission Street in San Francisco where Hann resided, though officials said Friday the teen had no connection to the gang.
Police responded to the scene of the shooting and found Hann was not breathing. He was pronounced dead just 10 minutes after he was shot in the back, FBI Deputy Special Agent Craig Fair said in a press conference Friday.
“This murder was senseless and horrific,” he said.
Hann, who was not named in the complaint but identified in local media reports, was identified at the scene from the school ID he was carrying when he was killed.
After the shooting, Madrigal allegedly drove with the gang to the nearby Bernal Dwellings apartments, a complex claimed as territory of their rival gang, and fired a shot at the building.
San Francisco Police responded to the second shooting and pursued the alleged gang members in a high-speed chase through San Mateo County, though they eventually evaded authorities.
Fair said in a statement gang violence disproportionately affects people of color and working class communities in San Francisco.
“No one should be afraid to walk in their own neighborhood, and no one deserves to lose their son or daughter to gang violence,” Fair said.
U.S. Attorney David Anderson said in a statement Friday that Hann’s murder was a “senseless” tragedy.
“The Mission District deserves to be just as free from gang warfare as every other neighborhood in San Francisco,” Anderson said. “We will continue to work with our local law enforcement partners to eradicate gang violence.”
Days before the shooting, Madrigal posted videos of himself on Instagram holding an AR-15 rifle and wearing a glove as he loaded ammunition into a magazine, according to a 31-page affidavit of FBI Special Agent Keigan Park.
According to the affidavit, Park believes Madrigal loaded the magazine while wearing a glove in order to avoid having law enforcement detect his fingerprints.
“I know from my training and experience that at least one reason to load ammunition using a gloved hand is to avoid leaving evidence such as DNA or fingerprints on the ammunition,” the affidavit said.
In an Instagram story posted July 6 on Madrigal’s account “nando.needitall,” Madrigal is seen holding a black, short-barreled rifle, which according to Park is also called a “mini chop,” and speaking with three other individuals inside a room.
“Straight thugging,” Madrigal says in the video, which was obtained via search warrant. “Didn’t want to bring out the Glock, so I brought the mini chop.”
Madrigal is an admitted member of the Locos North Side clique, a faction of the Norteños gang, the affidavit said.
Madrigal will make an initial appearance in court before a U.S. Magistrate Judge but a hearing has yet to be scheduled, prosecutors said Friday.
Madrigal faces a maximum sentence of life in prison, and a fine of $250,000. Prosecutors said he’s also eligible for the death penalty, which was halted by California Governor Gavin Newsom last year.


courthousenews--2020-08-15--Florida Congressional Primaries Could Provide November Insight

( CN ) — Florida voters head to the polls on Tuesday for a series of congressional primaries that could give insight into the November election and how the coronavirus pandemic could affect turnout .
All of Florida ’ s 27 U.S. House seats are up for election and Tuesday ’ s primaries look to provide some focus in some of the more crowded races .
How Floridians decide to vote in this primary — mail , early voting or on Aug. 18 — could also be an indicator into whether Democrats or Republicans have an edge going into November @ @ @ @ @ @ @ state ’ s congressional districts are showing an above-average amount of mail-in ballots submitted compared to the 2018 primary , according to the state ’ s division of elections .
Nearly two million Floridians have already voted by mail with a majority of Democrats — 959,654 to 673,775 Republicans .
The Coronavirus Aid , Relief and Economic Security Act gave states more than $ 400 million to prepare for coronavirus during the 2020 elections .
Florida received $ 20.2 million — roughly $ 50,000 for each of the state ’ s 67 counties @ @ @ @ @ @ @ early , with Republicans outnumbering Democrats by 69,000 in early votes .
Although all of Florida ’ s congressional seats are up for election , only a handful will see competitive races .
In Florida ’ s 15th Congressional District , incumbent Republican Ross Spano faces Scott Franklin , a Lakeland city commissioner .
The district encompasses Central Florida rural communities and the northern suburbs of Tampa .
Spano made headlines after winning his seat in 2018 due to investigations into possible campaign finance violations .
He has denied any wrongdoing .
Spano @ @ @ @ @ @ @ the House Transportation Committee and Small Business Committee .
He ’ s supported typical conservative causes such as less regulation of businesses , lower taxes and a market-based healthcare system .
His opponent Franklin served in the Navy and runs a small business .
In campaign materials , he ’ s pushed his support for President Donald Trump and his policies .
Although Spano leads in fundraising with more $ 1 million , Franklin gained attention last month by raising a total of $ 587,000 .
In a poll released Thursday by St. @ @ @ @ @ @ @ virtually tied .
But among those who voted already , Franklin led the survey .
He ’ s supported by some of the state ’ s more popular Republicans , including Polk County Sheriff Grady Judd and U.S. Rep. Matt Gaetz .
In the Democratic primary , three candidates hope to flip this Republican leaning district in November .
Alan Cohn , an investigative journalist , ran for the seat in 2014 and lost by more than 45,000 votes .
His campaign ’ s website lists his priorities as access to healthcare and @ @ @ @ @ @ @ s gained endorsements from former Florida senators and representatives .
State Representative Adam Hattersley , a Navy veteran , has a slight lead in fundraising over Cohn .
He ’ s served in the Florida House of Representatives for the last two years .
Hattersley ’ s priorities include environmental issues , access to healthcare and help for veterans .
Hattersley is endorsed by the Sierra Club and several local politicians .
Jesse Philippe , a former Marine , seeks investments in schools and infrastructure .
Philippe trails the other two candidates with @ @ @ @ @ @ @ congressional primaries in South Florida are also grabbing attention .
In the 26th District , two Republicans are running to face incumbent Democrat Debbie Mucarsel-Powell in November .
Before voters elected Muscarsel-Powell in 2018 by a thin margin , the seat was held by a Republican for six years .
Miami-Dade Mayor Carlos Gimenez and Omar Blanco , a firefighter , hope to return the seat to the GOP .
Gimenez is considered a favorite in the race and one of the only Republicans in Florida endorsed by Trump .
He ’ s @ @ @ @ @ @ @ GOP donor , casino owner Sheldon Adelson .
Gimenez leads fundraising efforts with $ 1.15 million raised and spent nearly $ 271,000 , much less than his Republican counterpart .
In a poll released last month by Meeting Street Insights , Gimenez led Muscarsel-Powell by five percentage points .
He has a massive lead among Hispanic voters .
More than half of those surveyed in the poll approved of the Miami-Dade mayor ’ s handling of the coronavirus , which is an issue consistently brought up by his Democratic rival , who sits @ @ @ @ @ @ @ The district covers portions of Miami-Dade County and the Florida Keys .
In the state ’ s 27th District , incumbent Democrat Donna Shalala will face one of three Republicans in November .
Shalaha narrowly flipped the district when she was elected in 2018 .
A Miami native , Juan Fiol is a real estate agent with Cuban roots .
Raymond Molina , who also works in real estate , has deep ties to the Cuban community as a Bay of Pigs veteran .
Both candidates regularly mention their “ fight against the @ @ @ @ @ @ @ is Maria Elvira Salazar , a journalist for over 35 years .
She faced Shalala in 2018 and received more than 45 % of the vote .
She currently leads in fundraising with more than $ 1.8 million .
She ’ s spent more than $ 667,000 in the primary — several times more than her two Republican opponents .
The district covers half of Miami and a large part of Miami-Dade County .

Florida voters head to the polls on Tuesday for a series of congressional primaries that could give insight into the November election and how the coronavirus pandemic could affect turnout.
(CN) — Florida’s voters head to the polls on Tuesday for a series of congressional primaries, and despite the Sunshine State’s status as a battleground state, the results could signal more questions than answers.
All of Florida’s 27 U.S. House seats are up for election, with the majority already decided before the primary. There are a handful of competitive congressional races centered in South and Central Florida that could indicate voter enthusiasm — depending on a myriad of factors.
“The primary elections often times do not give you great clues as to what is going to happen in November,” said Darryl Paulson, emeritus professor of government at University of South Florida-St. Petersburg. “Because the primary turnout is so substantially different than the presidential turnout just two months later.”
New voter registrations, and also how Floridians decide to vote in this primary — mail, early voting or on Aug. 18 — could also be an indicator into whether Democrats or Republicans have an edge going into November.
So far, many of the state’s competitive congressional districts are showing an above-average amount of mail-in ballots submitted compared to the 2018 primary, according to the state’s division of elections.
Nearly two million Floridians have already voted by mail with a majority of Democrats — 959,654 to 673,775 Republicans.
The Coronavirus Aid, Relief and Economic Security Act gave states more than $400 million to prepare for coronavirus during the 2020 elections. Florida received $20.2 million — roughly $50,000 for each of the state’s 67 counties.
More than 371,000 Floridians have voted early. Republicans outnumber Democrats by 69,000 in voting early.
“Along with turnout, there are a couple related factors,” said Paulson. “One is voter enthusiasm. Republicans tend to come out and vote on a regular basis and Democrats promise to vote and don’t. So there’s an enthusiasm gap.”
“But this time seems different,” he added.
Most of Florida’s 27 seats are not competitive, but a few have garnered that voter interest.
In Florida’s 15th Congressional District, incumbent Republican Ross Spano faces Scott Franklin, a Lakeland city commissioner. The district encompasses Central Florida rural communities and the northern suburbs of Tampa.
Spano made headlines after winning his seat in 2018 due to investigations into possible campaign finance violations by the Department of Justice and The Florida Bar. He has denied any wrongdoing.
Spano, an attorney, is part of the House Transportation Committee and Small Business Committee. He’s supported typical conservative causes such as less regulation of businesses, lower taxes and a market-based healthcare system.
His opponent Franklin served in the Navy and runs a small business. In campaign materials, he’s pushed his support for President Donald Trump and his policies.
Although Spano leads in fundraising with more $1 million, Franklin gained attention last month by raising a total of $587,000.
In a poll released Thursday by St. Pete Polls, Franklin and Spano were virtually tied with 17% undecided.
But among those who voted already, Franklin led the survey. He’s supported by some of the state’s more popular Republicans, including Polk County Sheriff Grady Judd and U.S. Rep. Matt Gaetz.
In the Democratic primary, three candidates hope to flip this Republican leaning district in November.
Alan Cohn, an investigative journalist, ran for the seat in 2014 and lost by more than 45,000 votes. His campaign’s website lists his priorities as access to healthcare and increasing the minimum wage. He’s gained endorsements from former Florida senators and representatives.
State Rep. Adam Hattersley, a Navy veteran, has a slight lead in fundraising over Cohn. He’s served in the Florida House of Representatives for the last two years. Hattersley’s priorities include environmental issues, access to healthcare and help for veterans. Hattersley is endorsed by the Sierra Club and several local politicians.
Jesse Philippe, a former Marine, seeks investments in schools and infrastructure. Philippe trails the other two candidates with $18,600 in campaign contributions.
Two congressional primaries in South Florida are also grabbing attention.
In the 26th District, two Republicans are running to face incumbent Democrat Debbie Mucarsel-Powell in November.
Before voters elected Muscarsel-Powell in 2018 by a thin margin, the seat was held by a Republican for six years. Miami-Dade Mayor Carlos Gimenez and Omar Blanco, a firefighter, hope to return the seat to the GOP.
Gimenez is considered a favorite in the race and one of the only Republicans in Florida endorsed by Trump. He’s also received the support of a prominent GOP donor, casino owner Sheldon Adelson.
Gimenez leads fundraising efforts with $1.15 million raised and spent nearly $271,000, much less than his Republican counterpart.
In a poll released last month by Meeting Street Insights, Gimenez led Muscarsel-Powell by five percentage points. He has a massive lead among Hispanic voters. More than half of those surveyed in the poll approved of the Miami-Dade mayor’s handling of the coronavirus, which is an issue consistently brought up by his Democratic rival, who sits on the House Coronavirus Task Force.
The district covers portions of Miami-Dade County and the Florida Keys.
Although South Florida leans Democratic, the large Cuban population typically votes Republican.
In the state’s 27th District, incumbent Democrat Donna Shalala will face one of three Republicans in November. Shalaha narrowly flipped the district when she was elected in 2018.
A Miami native, Juan Fiol is a real estate agent with Cuban roots. Raymond Molina, who also works in real estate, has deep ties to the Cuban community as a Bay of Pigs veteran. Both candidates regularly mention their “fight against the threat of socialism.”
But the frontrunner is Maria Elvira Salazar, a journalist for 35 years. She faced Shalala in 2018 and received more than 45% of the vote. She currently leads in fundraising with more than $1.8 million. She’s spent more than $667,000 in the primary — several times more than her two Republican opponents.
The district covers half of Miami and a large part of Miami-Dade County.


courthousenews--2020-08-15--Civil Rights Groups Challenge Feds’ Expulsion of Immigrant Children Seeking Asylum

( CN ) — Three nonprofit groups filed a class action Friday evening against the Trump administration ’ s controversial use of a Covid-19 emergency health order to immediately expel migrant children out of the country , claiming the children are denied the usual immigration protections in spite of showing no signs of the disease .
The American Civil Liberties Union , Texas Civil Rights Project and Oxfam America sued in federal court in D.C. on behalf of a 16-year-old Guatemalan boy who entered the country alone to purportedly flee persecution as an indigenous Mayan .
He claims his family @ @ @ @ @ @ @ ’ s political opinions and the boy ’ s refusal to join a gang .
“ His father currently lives in the United States and is awaiting immigration proceedings , ” the 31-page complaint states .
“ After [ the plaintiff ] came to the United States , [ Customs and Border Protection ] apprehended him and subjected him to the [ U.S. Centers for Disease Control and Prevention ’ s ] Title 42 process .
He is currently in CBP custody in the McAllen , Texas , area.
” The class action @ @ @ @ @ @ @ carried out in secret , that the children are supposed to be taken to shelters run by the Department of Health and Human Services ’ Office of Refugee Resettlement for assignment with lawyers and child advocates and matching with relatives already in the United States while their asylum cases are pending .
The lawsuit claims over 2,000 children have been expelled from the country under Title 42 , a process they say is unjustified by public health concerns .
“ A principal justification is that border agents will have greater exposure if they @ @ @ @ @ @ @ documents and that is therefore necessary to deport such individuals to reduce the risk to agents , ” the complaint states .
“ But , as plaintiff ’ s facts illustrate , arranging for air transport to deport individuals will generally take longer than time in which DHS must transfer children to ORR or family members .
In addition , where the individual shows no signs of COVID-19 , as is likely true for many of the unaccompanied children at issue here , the risk is even less.
” The lawsuit says the @ @ @ @ @ @ @ further undermined by the Trump administration continuing to allow large numbers of non-migrants into the country – “ essential ” travelers that include truck drivers , students , emergency responders and military members .
The lawsuit comes one month after a Texas Civil Rights Project attorney went viral on social media entering a Hampton Inn in McAllen where migrants were being held by Immigration and Customs Enforcement contractors for expulsion .
In a 38-second video posted on Twitter , the attorney is confronted by three men as he steps off the elevator .
@ @ @ @ @ @ @ questions about their identity or if they are police , the attorney yells down the hall in Spanish and English for the detainees to provide him their phone numbers if they are being detained .
The men forcibly shove the attorney back into the elevator , slamming him into the back wall .
They angrily and repeatedly yell “ don ’ t worry about it ” and “ get out now ” before the video ends .
Three days later , DHS backtracked from plans to expel the migrants held at the hotel @ @ @ @ @ @ @ Project sued in federal court .
The agency agreed to process those particular migrants under existing immigration procedures and not Title 42 .
DHS did not immediately respond to an email message requesting comment late Friday evening .
The plaintiffs say they filed a class action to cover all migrant children subject to Title 42 because the government would end earlier cases filed by individual migrants by transferring each of them to the ORR .
ACLU attorney Lee Gelernt said the Trump administration “ repeatedly refused to allow its unprecedented shadow immigration policy @ @ @ @ @ @ @ an individual case , ” resulting in the class action .
“ The policy is the most extreme asylum ban yet from this administration , ignoring all of the protections Congress has enacted since World War II to protect children and those fleeing danger , ” he said .
The Texas Civil Rights Project tweeted that the Trump administration has illegally detained and expelled children under Title 42 “ all without access to attorneys and with no due process.
” Oxfam American said it is suing on “ behalf of unaccompanied children fleeing @ @ @ @ @ @ @ The lawsuit claims DHS ’ s reliance on Title 42 expulsions violates the Trafficking Victims Protection Reauthorization Act , the Administrative Procedure Act , Public Health Service Act , the Immigration and Nationality Act and the Foreign Affairs Reform and Restructuring Act .
It seeks a declaration that the Title 42 process is illegal and an injunction blocking its application against proposed class members .
Acting Homeland Security Secretary Chad Wolf is a co-defendant in the case .
Earlier Friday , the nonpartisan Government Accountability Office concluded that he and acting deputy Ken @ @ @ @ @ @ @ due to violations of the framework of succession within the Homeland Security Act .

Three nonprofit groups filed a class action Friday evening against the Trump administration’s controversial use of a Covid-19 emergency health order to immediately expel migrant children out of the country, claiming the children are denied the usual immigration protections in spite of showing no signs of the disease.
(CN) — Three nonprofit groups filed a federal class action Friday evening against the Trump administration’s controversial use of a Covid-19 emergency health order to immediately expel migrant children out of the country, claiming the children are denied the usual immigration protections in spite of showing no signs of the disease.
The American Civil Liberties Union, Texas Civil Rights Project and Oxfam America sued in Washington on behalf of a 16-year-old Guatemalan boy who entered the country alone to purportedly flee persecution as an indigenous Mayan. He claims his family faced death threats due to his father’s political opinions and the boy’s refusal to join a gang.
“His father currently lives in the United States and is awaiting immigration proceedings,” the 31-page complaint states. “After [the plaintiff] came to the United States, [Customs and Border Protection] apprehended him and subjected him to the [U.S. Centers for Disease Control and Prevention’s] Title 42 process. He is currently in CBP custody in the McAllen, Texas, area.”
The class action claims the Title 42 process is being carried out in secret, that the children are supposed to be taken to shelters run by the Department of Health and Human Services’ Office of Refugee Resettlement for assignment with lawyers and child advocates and matching with relatives already in the United States while their asylum cases are pending.
The lawsuit claims over 2,000 children have been expelled from the country under Title 42, a process they say is unjustified by public health concerns.
“A principal justification is that border agents will have greater exposure if they are required to process individuals who lack documents and that is therefore necessary to deport such individuals to reduce the risk to agents,” the complaint states.
“But, as plaintiff’s facts illustrate, arranging for air transport to deport individuals will generally take longer than time in which DHS must transfer children to ORR or family members. In addition, where the individual shows no signs of COVID-19, as is likely true for many of the unaccompanied children at issue here, the risk is even less.”
The lawsuit says the public health argument for the expulsions is further undermined by the Trump administration continuing to allow large numbers of non-migrants into the country – “essential” travelers that include truck drivers, students, emergency responders and military members.
The lawsuit comes one month after a Texas Civil Rights Project attorney went viral on social media entering a Hampton Inn in McAllen where migrants were being held by Immigration and Customs Enforcement contractors for expulsion.
In a 38-second video posted on Twitter, the attorney is confronted by three men as he steps off the elevator. After the men refuse to answer his questions about their identity or if they are police, the attorney yells down the hall in Spanish and English for the detainees to provide him their phone numbers if they are being detained.
The men forcibly shove the attorney back into the elevator, slamming him into the back wall. They angrily and repeatedly yell “don’t worry about it” and “get out now” before the video ends.
Three days later, DHS backtracked from plans to expel the migrants held at the hotel after the ACLU and Texas Civil Rights Project sued in federal court. The agency agreed to process those particular migrants under existing immigration procedures and not Title 42.
DHS did not immediately respond to an email message requesting comment late Friday evening.
The plaintiffs say they filed a class action to cover all migrant children subject to Title 42 because the government would end earlier cases filed by individual migrants by transferring each of them to the ORR.
ACLU attorney Lee Gelernt said the Trump administration “repeatedly refused to allow its unprecedented shadow immigration policy to be tested in the courts in an individual case,” resulting in the class action.
"The policy is the most extreme asylum ban yet from this administration, ignoring all of the protections Congress has enacted since World War II to protect children and those fleeing danger,” he said.
The Texas Civil Rights Project tweeted that the Trump administration has illegally detained and expelled children under Title 42 “all without access to attorneys and with no due process.”
Oxfam American said it is suing on “behalf of unaccompanied children fleeing danger” in their native countries.
“Seeking asylum in a human right,” the group tweeted.
The lawsuit claims DHS’s reliance on Title 42 expulsions violates the Trafficking Victims Protection Reauthorization Act, the Administrative Procedure Act, Public Health Service Act, the Immigration and Nationality Act and the Foreign Affairs Reform and Restructuring Act.
It seeks a declaration that the Title 42 process is illegal and an injunction blocking its application against proposed class members.
Acting Homeland Security Secretary Chad Wolf is a co-defendant in the case. Earlier Friday, the nonpartisan Government Accountability Office concluded that he and acting deputy Ken Cuccinelli were illegally appointed to their posts due to violations of the framework of succession within the Homeland Security Act.