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NBA's Adam Silver addresses resuming play, possibility of no fans into next season: report

NBA commissioner Adam Silver is cautiously optimistic about finishing out the season in a two-site plan which will likely not include fans -- a condition that may carry into next season. 




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NCAA president says no fall sports unless campuses are open to all students: 'It’s really that simple'

The NCAA has made it clear that unless college campuses are open to the entire student body in the fall, there are no plans to risk the health of student-athletes for the sake of sports. 




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NHL possibly holding early draft leaves mixed feelings around hockey world

The NFL's successful virtual draft and uncertainty surrounding the resumption of hockey this season have raised the possibility of an NHL draft held before the Stanley Cup Final.




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Falcons' Ricardo Allen says idea of practice is 'nerve-racking'

Ricardo Allen didn't budge when Georgia was one of the first states to open businesses during the coronavirus pandemic.




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Cavs' Kevin Love opens up about returning to training facility for the first time since coronavirus: report

Cleveland Cavaliers’ Kevin Love was one of the few players to enter a training facility Friday as the NBA slowly begins its path back to normalcy but the five-time All-Star described his first day back on the court in almost two months as any but normal. 




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UFC 249 ushers in fan-free, mask-filled era of sports

Kicks, punches and grunts echoed through the empty arena. Coaches, commentators and camera clicks resonated like never before. Blood, sweat, swollen eyelids and face masks signaled the return of UFC, the first major sporting event to resume since the coronavirus shuttered much of the country for nearly two months.




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California Democrat reacts to Tesla lawsuit, pullout plan over coronavirus rules: ‘F--- Elon Musk’

A California Democrat seemed less than upset Saturday night at the news that entrepreneur Elon Musk planned to pull much of his company Tesla – along with an unspecified number of jobs -- out of the state over coronavirus shutdown rules that have stalled the automaker's operations.



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Kitchen gadgets, safe sanitizing, COVID news and more: Tech Q&A

Each week, I receive tons of questions from my listeners about tech concerns, new products, and all things digital. Sometimes, choosing the most interesting questions to highlight is the best part of my job. Do you have a question you’d like to ask me?




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Lori Loughlin Tries and Fails to Dismiss Her College Admissions Scam Charges

She thought we wouldn’t notice.





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Little Richard Put Wild Sex Into the Top 40 for Good

The self-described king and queen of rock-and-roll died today at 87.





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Tina Fey Returns to SNL’s Weekend Update With Some Quarantine Thoughts

“If you don’t have any flour, you can just go to bed.”




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Dan Harmon Sort of Maybe Confirmed That a Community Movie Is in the Works

“Conversations are happening that people would want to be happening.”




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Lockdown Mutiny Brews in California After Guv Blames Nail Salon for Spreading COVID-19

Sergio Flores/AFP via Getty

On Thursday, the Professional Beauty Federation of California published a press release to the “Hot Topics” section of their website. It was titled: “Time to Sue Governor Newsom.” 

The release came in response to Gov. Gavin Newsom’s announcement that the following morning, California would officially enter “Phase Two” of the “Safer at Home” order. Select businesses, from florists to clothing retailers to toy stores, would be able to resume operations in a limited capacity. But absent from the list of acceptable businesses: beauty salons. Newsom placed businesses like nail salons and barbershops in “Phase Three”—a stage he believes to be “months, not weeks” away. 

“This whole thing spread in the state of California—the first community spread—was in a nail salon,” Newsom said in a press conference last week, without providing details about the date or location of the case. “Many of the practices that you would otherwise expect of a modification were already in play in many of these salons, with people that had procedure masks on, were using gloves, and were advancing higher levels of sanitation.”

Read more at The Daily Beast.




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The Best Snacks for Stress Eating Right Now

Look, I’m not above finishing an entire bag of Zapp’s Voodoo Chips in one sitting, and that’s on a normal day. But these are abnormal days, which means stress eating is high on my to-do list. Rather than going to town on a box of Ritz and American cheese (don’t judge me), I’ve been trying to reeducate my palette and eat “healthier” snacks. I’m not talking nuts and seaweed here, though they are tasty. These are the snacks that are just a slight upgrade from the everyday salty/sweet sustenance. Here are the pantry snacks that are helping me stress eat better.

Scouted selects products independently and prices reflect what was available at the time of publish. Sign up for our newsletter for even more recommendations. Don’t forget to check out our coupon site to find deals from Wayfair, Target, Kohls, and more. If you buy something from our posts, we may earn a small commission.

Read more at The Daily Beast.




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The Freefall Economy Will Scar These Americans Worst

Jim Watson/Getty

Thirty-three million Americans have filed for unemployment since the coronavirus lockdowns began in earnest. Many more have tried and failed thanks to an extremely creaky system running on ancient software, easily overwhelmed by a tsunami of layoffs.

But 20.5 million, the official number of jobs lost in April, according to a report released on Friday by the Bureau of Labor Statistics, is a terrifying figure in its own right. That’s the worst single month for job losses in a data set that dates back to 1939. As in, when Franklin Roosevelt was president and the Great Depression was still fading in the rearview mirror.

After weeks of mounting evidence of economic collapse, the official U.S. unemployment rate has spiked to 14.7 percent, and that number was biased down because 6 million people just gave up and dropped out of the labor market and were thus not counted in the jobless rate. That rate will almost surely go even higher from here.

Read more at The Daily Beast.

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Sheriff’s Deputy Charged After Leading Armed Mob to Home of Black Teen: DA

Port City Daily

A white sheriff’s deputy in North Carolina is facing criminal charges after allegedly leading an armed mob to the home of a black teenager and trying to force their way inside as part of a botched vigilante mission.

New Hanover & Pender County District Attorney Ben David on Friday announced the charges against Jordan Kita, a New Hanover Sheriff’s Office detention officer accused of wearing his uniform while leading the group of people—one of whom was allegedly packing an AR-15—to confront a high school student at his home. Kita has since been fired from the sheriff's office.

The teenager, Dameon Shepard, was playing video games late one evening when the group of men arrived at his door, demanding to know the whereabouts of a 15-year-old girl named Lekayda Kempisty who had been reported missing. Three in the group were said to be armed, carrying a shotgun, a semi-automatic rifle, and a handgun. Kita wore his New Hanover County Sheriff’s deputy uniform and gun, though he had not come to Shepard’s house on official business.

Read more at The Daily Beast.




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Drunk Fox News Host Jeanine Pirro Chugs Bleach on SNL

Saturday Night Live’s Cecily Strong was portraying Fox News host Jeanine Pirro as an out-of-control drunk long before the real Jeanine Pirro appeared to actually be drunk during a live broadcast from home during the coronavirus pandemic. 

So the season finale of SNL at Home was the perfect time for Strong’s Pirro to join “Weekend Update” anchor Colin Jost from her home to talk about the lockdown protests happening across America. 

“Good evening, Colin, I hope you’ll forgive me,” Pirro began. “I had to do my own makeup while looking into a spoon.” Asked how she’s holding up under quarantine, she said, “I’m perfectly fine. Although I’ll admit that it’s been tough for all of us. For what seems like forever, I’ve been sitting at home, drinking and complaining to whoever would listen. Then this whole coronavirus thing happened!” 

Read more at The Daily Beast.

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The Police Officer Who Killed 12-Year-Old Tamir Rice Has Been Fired

The police officer who fatally shot 12-year-old Tamir Rice in a Cleveland park in November 2014 has been fired, Cleveland's police chief said at a press conference on Tuesday. The decision comes two and a half years after Rice was killed. Officer Timothy Loehmann was fired not for shooting Rice but for lying on his job application about his disciplinary record at a previous police department, according to the termination documents. (Another officer who had been on the scene of the shooting was suspended for 10 days.)

Loehmann, who started working for the Cleveland Police Department in early 2014, failed to disclose that although he voluntarily left his job at another department, he was allowed to resign after a series of incidents in which supervisors deemed him unfit for duty, according to Cleveland.com. He also did not disclose that he had failed a written exam for employment at a second police department.

Loehmann shot Rice after he and his partner responded to a 911 call about a person in a park waving a gun. His death became an early touchstone for the Black Lives Matter movement. Video of the shooting showed that Loehmann shot the child, who was holding a toy pellet gun, within two seconds of arriving on the scene. A grand jury declined to charge the officers involved.

A dispatcher who took the initial 911 call was suspended in March for failing to tell the responding officers that the caller had said the person with the gun might be a juvenile and that the gun could be fake. A June 2015 Mother Jones investigation revealed how that failure contributed to the child's  death.




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Darrell Issa Appears to Flee to Building Roof to Avoid Protesters

Rep. Darrell Issa (R-Calif.) was seen taking refuge on the roof of his office building in Vista, California, Tuesday, taking photos of angry constituents who had gathered below to protest the congressman's voting record. The incident comes before a much-anticipated town hall meeting this Saturday at San Juan Hills High School, where the nine-term congressman is expected to face a hostile crowd because of his support for various Trump administration policies, including the Republican plan to repeal and replace Obamacare.

Democrat Mike Levin, an environmental lawyer who recently announced his bid to challenge Issa in 2018, shared an image of the congressman appearing to avoid demonstrators on social media, where it was roundly mocked.

Others saw his retreating to a rooftop as reminiscent of Michael Scott, Steve Carrell's character in The Office who memorably took to the roof in the episode titled "Safety Training."

Issa, on the other hand, described his trip to the roof a bit differently. Shortly after the criticism, he took to Twitter to offer this narrative. We recommend zooming in to take a closer look at the signs:

For more on Levin and the fight to defeat Issa, the richest man in Congress, head to our profile here.




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A Federal Judge Slams Trump: "Even the 'Good Hombres' Are Not Safe"

Today, a federal appeals court judge in California rebuked the Trump administration for its zealous deportation policy and for "ripping apart a family." Judge Stephen Reinhardt of the 9th Circuit Court of Appeals found that he had no power to stop the removal of Andres Magana Ortiz, but nevertheless took the time to write a short opinion blasting his deportation as "inhumane."

"We are unable to prevent Magana Ortiz's removal, yet it is contrary to the values of this nation and its legal system," Reinhardt wrote in a six-page concurring opinion. "Indeed, the government's decision to remove Magana Ortiz diminishes not only our country but our courts, which are supposedly dedicated to the pursuit of justice…I concur as a judge, but as a citizen I do not."

As Reinhardt detailed in his opinion, Magana Ortiz came to the United States from Mexico 28 years ago, built a family and a career, and paid his taxes. His wife and three children are American citizens. His only legal transgressions were two DUIs, the last one 14 years ago. "[E]ven the government conceded during the immigration proceedings that there was no question as to Magana Ortiz's good moral character," Reinhardt noted. Nonetheless, in March the government decided to deny Magana Ortiz's application for a stay of removal while he applied for legal residency status, a process that is still underway, and moved to deport him to Mexico.

Reinhardt took particular aim at the fact, demonstrated repeatedly in the first months of Donald Trump's presidency, that the administration's immigration crackdown is not only targeting violent criminals. "President Trump has claimed that his immigration policies would target the 'bad hombres,'" he wrote. "The government's decision to remove Magana Ortiz shows that even the 'good hombres' are not safe. Magana Ortiz is by all accounts a pillar of his community and a devoted father and husband. It is difficult to see how the government's decision to expel him is consistent with the President's promise of an immigration system with 'a lot of heart.' I find no such compassion in the government's choice to deport Magana Ortiz."

Read the full opinion below.

 




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How Trump's War on Free Speech Threatens the Republic

On May 17, while delivering a graduation speech to cadets at the Coast Guard Academy in New London, Connecticut, a scandal-plagued President Donald Trump took the opportunity to complain, yet again, about the news media. No leader in history, he said, has been treated as unfairly as he has been. Shortly thereafter, when the graduates presented Trump with a ceremonial sword, a live mic picked up Homeland Security chief John F. Kelly telling the president, "Use that on the press, sir!"

Kelly was presumably joking, but the press isn't laughing. Presidents have complained bitterly about reporters since George Washington ("infamous scribblers"), but Trump has gone after the media with a venom unmatched by any modern president—including Richard Nixon. At campaign rallies, Trump herded reporters into pens, where they served as rhetorical cannon fodder, and things only got worse after the election. Prior to November 8, the media were "scum" and "disgusting." Afterward, they became the "enemy of the American people." (Even Nixon never went that far, noted reporter Carl Bernstein of Watergate fame. Nixon did refer to the press as "the enemy," but only in private and without "the American people" part—an important distinction for students of authoritarianism.) 

On April 29, the same day as this year's White House Correspondents' Dinner (which Trump boycotted), the president held a rally in Pennsylvania to commemorate his first 100 days. He spent his first 10 minutes or so attacking the media: CNN and MSNBC were "fake news." The "totally failing New York Times" was getting "smaller and smaller," now operating out of "a very ugly office building in a very crummy location." Trump went on: "If the media's job is to be honest and tell the truth, then I think we would all agree the media deserves a very, very big, fat failing grade. [Cheers.] Very dishonest people!"

Trump's animosity toward the press isn't limited to rhetoric. His administration has excluded from press briefings reporters who wrote critical stories, and it famously barred American media from his Oval Office meeting with Russia's foreign minister and ambassador to the United States while inviting in Russia's state-controlled news service.

Before firing FBI Director James Comey, Trump reportedly urged Comey to jail journalists who published classified information. As a litigious businessman, the president has expressed his desire to "open up" libel laws. In April, White House chief of staff Reince Preibus acknowledged that the administration had indeed examined its options on that front.

This behavior seems to be having a ripple effect: On May 9, a journalist was arrested in West Virginia for repeatedly asking a question that Tom Price, Trump's health secretary, refused to answer. Nine days later, a veteran reporter was manhandled and roughly escorted out of a federal building after he tried (politely) to question an FCC commissioner. Montana Republican Greg Gianforte won a seat in the House of Representatives last week, one day after he was charged with assaulting a reporter who had pressed Gianforte for his take on the House health care bill. And over the long weekend, although it could be a coincidence, someone fired a gun of some sort at the offices of the Lexington Herald-Leader, a paper singled out days earlier by Kentucky Gov. Matt Bevin, who likened journalists to "cicadas" who "don't actually seem to care about Kentucky."

Where is all of this headed? It's hard to know for sure, but as a lawyer (and former newspaper reporter) who has spent years defending press freedoms in America, I can say with some confidence that the First Amendment will soon be tested in ways we haven't seen before. Let's look at three key areas that First Amendment watchdogs are monitoring with trepidation.

 

Abusive Subpoenas

The First Amendment offers limited protections when a prosecutor or a civil litigant subpoenas a journalist in the hope of obtaining confidential notes and sources. In the 1972 case of Branzburg v. Hayes, a deeply divided Supreme Court ruled that the Constitution does not shield reporters from the obligation of complying with a grand jury subpoena. But the decision left room for the protection of journalists who refuse to burn a source in other contexts—in civil cases, for instance, or in criminal cases that don't involve a grand jury. Some lower courts have ruled that the First Amendment indeed provides such protections.

The Constitution, of course, is merely a baseline for civil liberties. Recognizing the gap left by the Branzburg ruling, a majority of the states have enacted shield laws that give journalists protections that Branzburg held were not granted by the Constitution. Yet Congress, despite repeated efforts, has refused to pass such a law. This gives litigants in federal court, including prosecutors, significant leverage to force journalists into compliance. (In 2005, Judith Miller, then of the New York Times, spent 85 days in jail for refusing to reveal her secret source to a federal grand jury investigating the outing of Valerie Plame as a CIA agent. The source, Miller eventually admitted, was Vice President Dick Cheney's chief of staff, I. Lewis "Scooter" Libby.)

Trump will almost certainly take advantage of his leverage. He and his innermost circle have already demonstrated that they either fail to understand or fail to respect (or both) America's long-standing tradition of restraint when it comes to a free press. During the campaign, Trump tweeted that Americans who burn the flag—a free-speech act explicitly protected by the Supreme Court—should be locked up or stripped of citizenship "perhaps." In December, after the New York Times published a portion of Trump's tax returns, former Trump campaign manager Corey Lewandowski declared that executive editor Dean Baquet "should be in jail."

Trump took over the reins from an executive branch that was arguably harder on the press than any administration in recent history. President Barack Obama oversaw more prosecutions of leakers under the vaguely worded Espionage Act of 1917 than all other presidents combined, and he was more aggressive than most in wrenching confidential information from journalists.

Over the course of two months in 2012, Obama's Justice Department secretly subpoenaed and seized phone records from more than 100 Associated Press reporters, potentially in violation of the department's own policies. Thanks to the rampant overclassification of government documents, Obama's pursuit of whistleblowers meant that even relatively mundane disclosures could have serious, even criminal, consequences for the leaker. Under Obama, McClatchy noted in 2013, "leaks to media are equated with espionage."

One can only assume Trump will up the ante. His administration's calls to find and prosecute leakers grow more strident by the day. He and his surrogates in Congress have repeatedly tried to divert public discussion away from White House-Russia connections and in the direction of the leaks that brought those connections to light. It stands to reason that Trump's Justice Department will try to obtain the sources, notes, and communication records of journalists on the receiving end of the leaks.

This could already be happening without our knowledge, and that would be a dangerous thing. Under current guidelines, the Justice Department is generally barred from deploying secret subpoenas for journalists' records—subpoenas whose existence is not revealed to those whose records are sought. But there are exceptions: The attorney general or another "senior official" may approve no-notice subpoenas when alerting the subject would "pose a clear and substantial threat to the integrity of the investigation." 

The guidelines are not legally binding, in any case, so there may be little to prevent Jeff Sessions' Justice Department from ignoring them or scrapping them entirely. Team Trump has already jettisoned the policies of its predecessors in other departments, and it's pretty clear how Trump feels about the press. 

The use of secret subpoenas against journalists is deeply problematic in a democracy. Their targets lack the knowledge to consult with a lawyer or to contest the subpoena in court. The public, also in the dark, is unable to pressure government officials to prevent them from subjecting reporters to what could be abusive fishing expeditions.

As president, Trump sets the tone for executives, lawmakers, and prosecutors at all levels. We have already seen a "Trump effect" in the abusive treatment of a reporter in the halls of the Federal Communications Commission, the arrest of the reporter in West Virginia, and the attack by Congressman-elect Gianforte.

We are also seeing the Trump effect in state legislatures, where the president's rants may have contributed to a spate of legislative proposals deeply hostile to free speech, including bills that would essentially authorize police brutality or "unintentional" civilian violence against protesters and make some forms of lawful protest a felony. A leader who normalizes the use of overly broad or abusive subpoenas against journalists could cause damage all across the land.
 

Espionage Laws

A second area of concern is the Espionage Act of 1917, a law that has been used for nearly a century to prosecute leakers of classified information—from Daniel Ellsburg and Julius and Ethel Rosenberg to Edward Snowden and Chelsea Manning. The government hasn't ever tried to use it to prosecute the journalists or media organizations that publish the offending leaks—possibly because it was seen as a bad move in a nation that enshrines press protections in its founding document. But free-speech advocates have long been wary of the possibility.

The successful prosecution of a journalist under the Espionage Act seems unlikely—a long string of Supreme Court decisions supports the notion that reporters and news outlets are immune from civil or criminal liability when they publish information of legitimate public interest that was obtained unlawfully by an outside source. "A stranger's illegal conduct," the court's majority opined in the 2001 Bartnicki v. Vopper case, "does not suffice to remove the First Amendment shield about a matter of public concern." But like any appellate decision, the Bartnicki ruling is based on a specific set of facts. So there are no guarantees here.
 

Litigious Billionaires

Very, very rich people with grievances against the press are as old as the press itself. But the number of megawealthy Americans has exploded in recent years, as has the number of small, nonprofit, or independent media outlets—many of which lack ready access to legal counsel. In short, billionaires who wish to exact vengeance for unflattering coverage enjoy a target-rich environment.

Trump did not create this environment. But from his presidential bully pulpit, he has pushed a narrative that can only fuel the fire. The Trumpian worldview holds that the media deserves to be put in its place; the press is venal, dishonest, and "fake" most of the time. It should be more subject to legal liability so that, in his words, "we can sue them and win lots of money."

Win or lose, a billionaire with an ax to grind and a fleet of expensive lawyers can cause enormous damage to a media outlet, particularly one with limited means (which, these days, is most media outlets). Some lawsuits by deep-pocketed plaintiffs, like the one filed against Mother Jones by Idaho billionaire Frank VanderSloot (a case I helped defend), are ultimately dismissed by the courts. Others, such as Hulk Hogan's lawsuit against Gawker Media—funded by Silicon Valley billionaire and Trump adviser Peter Thiel—succeed and put the media outlet out of business. Another recent suit, filed by Las Vegas casino magnate Sheldon Adelson against a Wall Street Journal reporter, ultimately settled.

Regardless of the outcome of such cases, the message to the media is clear: Don't offend people who have vast resources. Even a frivolous lawsuit can stifle free speech by hitting publishers where it hurts (the wallet) and subjecting them to legal harassment. This is especially so in the 22 states that lack anti-SLAPP statutes—laws that facilitate the rapid dismissal of libel claims without merit.

The VanderSloot lawsuit is instructive. Although a court in Idaho ultimately threw out all the billionaire's claims against Mother Jones, the process took almost two years. During that time, VanderSloot and Mother Jones engaged in a grueling regimen of coast-to-coast depositions and extensive and costly discovery and legal motions. Along the way, VanderSloot sued a former small-town newspaper reporter and subjected him to 10 hours of depositions, which resulted in the reporter breaking down in tears while VanderSloot, who had flown to Portland for the occasion, looked on. VanderSloot also deposed the journalist's ex-boyfriend and threatened to sue him until he agreed to recant statements he had made online.

Victory did not come cheap for Mother Jones: The final tab was about $2.5 million, only part of which was covered by insurance. And because Idaho lacks an anti-SLAPP statute, none of the magazine's legal costs could be recovered from VanderSloot.

Despite his threats, Trump has not brought any libel lawsuits as president—but his wife has. First lady Melania Trump sued the Daily Mail in February over a story she said portrayed her falsely "as a prostitute." The Daily Mail retracted the offending article with a statement explaining (a) that the paper did not "intend to state or suggest that Mrs. Trump ever worked as an 'escort' or in the sex business," (b) that the article "stated that there was no support for the allegations," and (c) that "the point of the article was that these allegations could impact the U.S. presidential election even if they are untrue."

So which billionaire will be next to sue, and who will the target be? The question looms over America's media organizations like a dark cloud. That is an unacceptable situation in a nation whose Constitution guarantees "robust, uninhibited and wide-open" discussion of public issues, as Supreme Court Justice William Brennan wrote in the landmark First Amendment case New York Times v. Sullivan.

Trump has yet to act on his most outrageous rhetorical attacks on the media and free speech, but it's likely only a matter of time. When he does act, it will be important to remember that constitutional protections are quite broad, and that there's only so much any White House can do to the press without the backing of Congress or the courts. Such cooperation is hardly out of the question, though. Stranger things have already happened in this strangest of political times.

The author's views do not necessarily reflect those of the First Amendment Coalition's board of directors.




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Donald Trump's White House Counsel Has One Main Job—And He's Failing At It

Donald McGahn, like all White House counsels who have served before him, has a broad portfolio but one fundamental charge: to keep his boss, the president of the United States, out of trouble. To say McGahn hasn't fared well in this department is an understatement. President Donald Trump and his administration have been besieged by scandal from the outset. And lawyers who worked in past administrations, Democratic and Republican, have questioned whether McGahn has the judgment or the clout with his client to do the job.

Four months in, despite having yet to confront a crisis not of its own making, the Trump administration faces a growing list of controversies, legal and otherwise. The FBI is reportedly investigating retired Lt. General Michael Flynn, who for 22 days served as Trump's national security adviser, for his lobbying on behalf of Turkish interests and for his conversations with the Russian ambassador to the United States before Trump took office. There are two congressional probes examining Flynn's actions and two more looking at whether anyone connected with the Trump campaign interacted with Vladimir Putin's regime when it was interfering with the 2016 presidential race. And the Justice Department recently appointed a special counsel to oversee the FBI's probe into Moscow's meddling and the Trump-Russia connections. Jared Kushner, Trump's son-in-law and a close adviser; former Trump campaign manager Paul Manafort; and Trump's personal lawyer, Michael Cohen, face FBI or congressional scrutiny.

All presidents, Democratic and Republican, experience their share of scandals. But the pace and magnitude of the controversies engulfing the Trump White House are on a different level and pace. (Recall that Richard Nixon's Saturday Night Massacre—when he fired the special prosecutor investigating Watergate—didn't happen until nearly five years into his presidency.) And each leak and drip of new information raises more questions about McGahn, the man whose job is to steer Trump clear of potential land mines before they explode into breaking-news bombshells.

An election lawyer who served five contentious years on the Federal Election Commission, McGahn first met Trump in late 2014 and was one of the mogul's first hires when he launched his presidential run. He endeared himself to Trump by fending off an effort to remove Trump from the New Hampshire primary ballot and coordinated the campaign's well-timed release of a list of potential Supreme Court nominees, a move that helped to attract ambivalent evangelical and conservative voters.

Shortly after winning the presidency, Trump rewarded McGahn's loyalty by picking him to be White House counsel.

About six weeks later, on January 4, according to the New York Times, McGahn spoke with Michael Flynn, the retired general whom Trump had selected as his national security adviser a week before he hired McGahn, about a sensitive matter. In August 2016, Flynn's consulting firm, Flynn Intel Group, had signed a $600,000 contract to lobby on behalf of Turkish interests; Flynn's client was a Dutch company run by a Turkish businessman who is an ally of Turkey's president, Recep Tayyip Erdogan. At the time, however, Flynn did not register under the Foreign Agents Registration Act, which requires lobbyists and advocates working for foreign governments to disclose their work.

Now, with Trump's inauguration almost two weeks away, Flynn reportedly told McGahn that he was under federal investigation for failing to disclose his lobbying on behalf of foreign interests.

What McGahn did with this information is unclear—but it's nonetheless revealing to former White House lawyers that Flynn went on to receive a top White House post, arguably the most sensitive job in the White House. (McGahn, through a White House spokesperson, declined to comment for this story.) Alums of the counsel's office in previous White Houses say it was unimaginable to hire a national security adviser who faced legal questions regarding foreign lobbying, let alone one who was under federal investigation. "In the White House counsel's office I was working in, the idea that somebody was under investigation was a big red flag and it would be doubtful that we would go forward with that person," says Bill Marshall, a former deputy counsel in the Clinton White House. "That's not even saying it strong enough."

Flynn remained on the job and, during the transition, reportedly told the outgoing Obama administration that it should delay a joint American-Kurdish military strike on an ISIS facility in the Syrian city of Raqqa—a move that conformed with the desires of the Turkish government.

In a short ceremony at the White House on January 22, Flynn was sworn in as national security adviser and McGahn as chief counsel. Four days later, Sally Yates, the acting US attorney general, and a senior official in the Justice Department's national-security division met with McGahn at the White House. Yates informed McGahn of a troubling development: the US had credible information to suggest that Flynn had not told the truth when he denied that he had discussed sanctions during conversations with Sergey Kislyak, the Russian ambassador to the United States. Yates added that Flynn had been interviewed by the FBI.

Flynn had lied. What's more, his mention of sanctions was potentially illegal under an obscure law known as the Logan Act. (Since the law's creation in 1799, not one person has been convicted under the Logan Act.) Yates warned McGahn that the discrepancy between Flynn's public statements and what he said to the Russian ambassador left him vulnerable to blackmail by the Russians.

"If Sally Yates had come to me with that information, I would've run down the hall like my hair was on fire," Rob Weiner, another former counsel in the Clinton White House, told me. Because the messenger in this case was a holdover from the Obama administration, Weiner added, the Trump White House "might not have had a lot of trust in Yates at that point. Even so, that should've been something to cause alarm bells to go off." Jack Goldsmith, a former senior Justice Department lawyer during the George W. Bush administration, echoed Weiner's observation. Writing at the website Lawfare, Goldsmith weighed in: "Especially coming against the background of knowing (and apparently doing nothing) about Flynn's failure to report his foreign agent work, the information Yates conveyed should have set off loud alarm bells."

Flynn, with two federal investigations hanging over his head, remained on the job for another 18 days. He joined Trump in the Oval Office for calls with foreign dignitaries, including the leaders of Australia and Russia. He presumably sat in on daily intelligence briefings and had unfettered access to classified information. It was only after the Washington Post on February 13 reported on Yates' warning to McGahn about Flynn's susceptibility to blackmail that Trump fired Flynn.

The question looming over the entire debacle was this: How had Flynn been allowed to stay on the job? At the media briefing on the day after Flynn's dismissal, Sean Spicer, the press secretary, addressed McGahn's role in the Flynn controversy. McGahn had conducted his own review after meeting with Yates, Spicer explained, and "determined that there is not a legal issue, but rather a trust issue."

It was a mystifying answer, especially given the facts that later emerged: Flynn was allegedly the target of active investigations. "It is very hard to understand how McGahn could have reached these conclusions," wrote Goldsmith, the former Bush administration lawyer. McGahn, Goldsmith noted, could not know all the details of the investigations targeting Flynn. (Indeed, Yates later testified that McGahn appeared to have not known that the FBI had interviewed Flynn about his calls with the Russian ambassador.) "Just as important, the final word on the legality of Flynn's actions was not McGahn's to make," Goldsmith went on. "That call in the first instance lies with the FBI and especially the attorney general."

The steady stream of revelations about the Trump White House and its various legal dramas has only cast a harsher light on McGahn and the counsel's office. After the Post reported that White House officials had pressured the director of national intelligence and the National Security Agency chief to downplay the FBI's Russia investigation, Goldsmith tweeted, "Asking again: Is WH Counsel 1) incompetent or 2) ineffective because client's crazy and he lacks access/influence?"

Lawyers who have represented Democrats and Republicans agree that Trump is about as difficult a client as they can imagine. "One gets the sense that Mr. Trump has people talking to him, but he doesn't either take their advice, ask for their advice, or follow their advice," says Karen Hult, a Virginia Tech political-science professor who has studied the White House counsel's office. C. Boyden Gray, the White House counsel for President George H.W. Bush, said few, if any, presidents have had more financial and ethical entanglements than Trump. "I didn't have anywhere near the complexities that Don McGahn had," he told me earlier this year. Bob Bauer, a former counsel in the Obama White House, recently questioned whether any lawyer could rein in Trump: "Is the White House counsel up to the job of representing this president? We may find out nobody is." There is some indication that Trump does trust McGahn. When Trump wanted to release statements of support for Flynn and Kushner after the naming of a special counsel to oversee the Trump-Russia investigation, it was reportedly McGahn who convinced Trump not to do so.

But part of the job, former lawyers in the counsel's office say, is giving the president unwelcome advice and insisting that advice be followed. "It's always very hard to say no to the president and not do what the president of the United States wants," says Bill Marshall, the former Clinton White House lawyer. "But the long-term interests of the president of the United States can often be not doing something he might want to do, and if you do, it can come back and hit you from a direction that you never anticipated."




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Nearly 8,000 New Voters Registered Ahead of Georgia Special Election

A last-minute push to register voters in Georgia's 6th Congressional District before the June 20 special election has resulted in nearly 8,000 new voters in the district as of Tuesday, the Atlanta Journal-Constitution reports. That's a big enough number to swing a close election, and polls thus far show the race within the margin of error. It's also an encouraging sign for Democrat Jon Ossoff, the insurgent candidate who topped the first round of voting in the solidly Republican district and is hoping that new voters can put him on top in the June 20 runoff.

The election between Ossoff and Republican Karen Handel has been widely portrayed as a test of the Democratic resistance to President Donald Trump. In the conservative district, Ossoff is trying to peel off Republican voters disenchanted with Trump, particularly white women. But in order to win, Ossoff also needs strong support from the Democratic base and new voters. So when a federal judge reopened voter registration in the district through May 21, groups that target young, poor, and minority voters rushed into the district to register eligible voters. The 7,942 new voters include new registrants and people who moved into the district after the primary and transferred their registration.

The district has more than 521,000 registered voters, so it's unclear whether another 7,942—or about 1.5 percent of that total—will make a difference. Ossoff fell 3,700 votes short of winning an outright majority in the primary on April 18. If the runoff remains a toss-up, these new voters could determine the winner.




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Imagine Being Pulled Off Death Row and Then Being Put Back on It

In 1994, Marcus Robinson, who is black, was convicted of murder and sentenced to death for the 1991 killing of Erik Tornblom, a white teenager, in Cumberland County, North Carolina. He spent nearly 20 years on death row, but in 2012 his sentence was changed to life without a chance of parole. He was one of four death row inmates whose sentences were commuted by a judge who found that racial discrimination had played a role in their trials.

The reason their cases were reviewed at all was because of a 2009 North Carolina law known as the Racial Justice Act, which allowed judges to reduce death sentences to life in prison without parole when defendants were able to prove racial bias in their charge, jury selection, or sentence.

"The Racial Justice Act ensures that when North Carolina hands down our state's harshest punishment to our most heinous criminals," former Gov. Bev Perdue said when she signed the bill into law, "the decision is based on the facts and the law, not racial prejudice."

At 21, Robinson was the youngest person sentenced to death in North Carolina. When he was three, he was hospitalized with severe seizures after being physically abused by his father and was diagnosed with permanent brain dysfunction. However, those weren't the only troubling aspects of his case.

Racial discrimination in jury selection has been prohibited since it was banned by the Supreme Court in its 1986 Supreme Court decision Batson v. Kentucky, but Robinson's trial was infected with it. The prosecutor in the case, John Dickson, disproportionately refused eligible black potential jurors. For example, he struck one black potential juror because the man had been once charged with public drunkenness. However, he accepted two "nonblack" people with DWI convictions. Of the eligible members of the pool, he struck half the black people and only 14 percent of the nonblack members. In the end, Robinson was tried by a 12-person jury that included only three people of color—one Native American individual and two black people.

Racial discrimination in jury selection was not uncommon in the North Carolina criminal justice system. A comprehensive Michigan State University study looked at more than 7,400 potential jurors in 173 cases from 1990 to 2010. Researchers found that statewide prosecutors struck 52.6 percent of eligible potential black jurors and only 25.7 percent of all other potential jurors. This bias was reflected on death row. Of the 147 people on North Carolina's death row, 35 inmates were sentenced by all-white juries; 38 by juries with just one black member.

Under the Racial Justice Act, death row inmates had one year from when the bill became law to file a motion. Nearly all the state's 145 death row inmates filed claims, but only Robison and three others—Quintel Augustine, Tilmon Golphin, and Christina Walters—obtained hearings. In 2012, Robinson's was the first. At the Superior Court of Cumberland County, Judge Gregory Weeks ruled that race had played a significant role in the trial and Robinson was resentenced to life without parole. North Carolina appealed the decision to the state's Supreme Court.

An immediate outcry followed the decision. The North Carolina Conference of District Attorneys issued a statement saying, "Capital cases reflect the most brutal and heinous offenders in our society. Whether the death penalty is an appropriate sentence for murderers should be addressed by our lawmakers in the General Assembly, not masked as claims (of) racism in our courts."  

The ruling attracted lots of publicity from across the country and North Carolina lawmakers were outraged. "There are definitely signs in the legislative record that there were some [lawmakers] that really wanted to see executions move forward," Cassandra Stubbs, the director of the ACLU Capital Punishment Project who also represents Robinson, says. Legislative staffers circulated talking points for lawmakers with arguments that the RJA turns "district attorneys into racists and convicted murderers into victims," describing the law as "an end-run around the death penalty and an indefinite moratorium on capital punishment."

The day Judge Weeks resentenced Robinson, the Senate president pro tempore for the state Legislature, Phillip Berger, expressed concern that Robinson could be eligible for parole. He suggested Robinson—who had just turned 18 when he committed the crime and would not have been considered a juvenile—would be ineligible for life in prison without a chance of parole, citing a US Supreme Court ruling that prohibited juveniles from receiving life sentences without parole. "We cannot allow cold-blooded killers to be released into our community, and I expect the state to appeal this decision," he said. "Regardless of the outcome, we continue to believe the Racial Justice Act is an ill-conceived law that has very little to do with race and absolutely nothing to do with justice."

The state Legislature took on the challenge and voted to repeal the Racial Justice Act in 2013. This made it impossible for those on death row to even attempt to have their sentences reviewed for racial bias, but it left the fates of the four who had been moved to life imprisonment unclear. "The state's district attorneys are nearly unanimous in their bipartisan conclusion that the Racial Justice Act created a judicial loophole to avoid the death penalty and not a path to justice," Gov. Pat McCrory said in a statement at the time.

Even though the law was still in effect when the four inmates' sentences were reduced, they weren't safe from death row just yet. Robinson's sentenced had been legally reduced, but the legal battle was just beginning.

In 2015, after nearly two years from the initial hearing, the North Carolina Supreme Court ordered the Superior Court to reconsider the reduced sentences for Robinson, Augustine, Golphin, and Walters, saying the judge failed to give the state enough time to prepare for the "complex" proceedings.

This past January, Superior Court Judge Erwin Spainhour ruled that because the RJA had been repealed, the four defendants could no longer use the law to reduce their sentences. "North Carolina vowed to undertake an unprecedented look at the role of racial bias in capital sentencing," says Stubbs. But now, "the state Legislature explicitly turned from its commitment and repealed the law."

Robinson is back on death row at Central Prison in the state's capital of Raleigh. In the petition to the state Supreme Court, Robinson's lawyers point out that the Double Jeopardy Clause—the law that prevents someone from being tried twice for the same crime—bars North Carolina from trying to reimpose the death penalty because the 2012 RJA hearing acquitted him of capital punishment.

"He's never been resentenced to death," Stubbs says. "They have no basis to hold him on death row."



  • Politics
  • Crime and Justice
  • Race and Ethnicity

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Hillary Clinton Is Out of Fucks

Hillary Clinton appeared at Recode Wednesday in conversation with founders Walt Mossberg and Kara Swisher, and to steal a headline from myself, she is out of fucks.

It was fascinating to watch. She didn't hold back. You can watch the full thing below or continue on for some highlights.

Here are some good bits, courtesy of the recode live blog:

On emails!!!

"The over riding issue that affected the election that I had any control over — because I had no control over the Russians. Too bad about that — was the use of my emails. The way that it was used was very damaging. The New York times covered it like Pearl harbor.

On Goldman Sachs speeches

"I have to say, Walt I never thought someone would throw out my entire career...because I made a couple of speeches…Men got paid for the speeches they made...I got paid for the speeches I made…I take responsibility for every decision I made, but that's not why I lost”

On the vast right-wing conspiracy
"What is hard for people to accept, although now after the election there's greater understanding, is that there are forces in our country...who have been fighting rear guard actions for as long as I've been alive…We were on a real roll as a country despite assassinations, despite setbacks, expanding rights to people who never had them in any country was frankly thrilling. I believe then as I believe now that we're never done with this work. Part of the challenge is to maintain the focus and energy to move forward but you have to understand the other side is never tired either."

On fake news
"Fake news...lies that's a good word too...The other side was using content that was just flat out false and delivering it in a very personalized way. Above the radar screen and below."

On the DNC

"I inherit nothing from the Democratic party. It was bankrupt. It was on the verge of insolvency. I had to inject money into the [DNC] for it to keep going."

On the RNC

"They raised...best estimates are close to $100 million...to build this data foundation. They beta tested it. They ran [hundreds of thousands of surveys]. Trump becomes the nominee and is [given] this tried and true...platform."

On Russia collusion
"I think it's fair to ask how did that actually influence the campaign and how did they know what messages to deliver. Who told them? Who were they coordinating with or colluding with?…The Russians in my opinion could not have known how best to weaponize that information unless they had been guided by Americans."

"Within one hour of the Access Hollywood tapes being leaked, the Russians or say Wikileaks—same thing—dumped the John Podesta emails. They were run of the mill emails. "Stuff that were so common. Within one hour they dumped them and then began to weaponize them. They had their allies like Infowars say the most outlandish, absurd lies you could imagine. They had to be ready for that."

On Putin

"It's important that Americans...understand that Putin wants to bring us down. He was an old KGB agent."

On Obama

"Barack Obama saved the economy and he doesn't get the credit he deserves, I have to say that [because people don't know that.]" Clinton re: democrats not investing in creating content.

 

This post is being updated.




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Democrats Are Setting Their Sights on "Putin's Favorite Congressman"

Rep. Dana Rohrabacher (R-Calif.) won his first election to the House of Representatives in 1988 with 64 percent of the vote. He's been reelected 13 times since then. And even though he walloped his most recent challenger by nearly 17 percentage points, some Democrats now think that this could be the final term for the Southern California conservative Politico has dubbed "Putin's favorite congressman."

Protesters, sometimes numbering in the hundreds, assemble outside Rohrabacher's office every Tuesday at 1 p.m. "He has been our congressman for a long time," laments Diana Carey, vice chair of the Democratic Party of Orange County. "But because the district was predominantly Republican, my view is he's been on cruise control." Thanks to changing demographics in Orange County and newly fired-up liberal voters, Carey doesn't think Rohrabacher's seat is safe anymore. 

Recently, Rohrabacher has been swept up in the scandal over the possible collusion between President Donald Trump's campaign and Russia. Like Trump, Rohrabacher, who claims to once have lost a drunken arm-wrestling match with Vladimir Putin in the 1990s, believes the Russian government is being unfairly demonized. (During the 1980s, Rohrabacher was a staunch anti-communist who hung out with the anti-Soviet mujahedeen in Afghanistan.) He has shrugged off allegations of Moscow's meddling in the 2016 presidential election by pointing out that the United States is guilty of similar actions. In May, the New York Times reported that in 2012 the FBI warned Rohrabacher that Russian spies were trying to recruit him. Two days earlier, the Washington Post reported on a recording from June 2016 in which House Majority Leader Kevin McCarthy said, "There's two people I think Putin pays: Rohrabacher and Trump." (McCarthy assured Rohrabacher the remarks were meant as a joke.)

In a 2016 conversation with Republican House members, Rep. Kevin McCarthy (R-Calif.) said, "There's two people I think Putin pays: Rohrabacher and Trump." Washington Post

But of all the issues where Rohrabacher and Trump align, Russia may be the least pressing concern for the constituents who are rallying against him. So far, Rohrabacher has voted in line with Trump's positions more than 93 percent of the time, according to FiveThirtyEight, including voting in favor of the GOP health care bill that would effectively end Obamacare. Rohrabacher pushed hard for the bill, warning his GOP colleagues that letting Trump's first major legislative effort die would stunt the president's momentum. "If this goes down," he said in March, "we're going to be neutering our President Trump. You don't cut the balls off your bull and expect that's he's going to go out and get the job done." Health care is a hot-button issue in the 48th District, Carey says. "I've had conversations with people who are absolutely beside themselves, scared that they're going to lose coverage."

While Rohrabacher won his last race in a near-landslide, his district went for Hillary Clinton in the presidential election. She won by a slim margin, but it was enough for the Democratic Congressional Campaign Committee (DCCC) to flag the district as a top target to flip in 2018. If the Democrats hope to best Rohrabacher in the midterms, they have a lot of work to do, says Justin Wallin, an Orange County-based pollster who runs an opinion research firm. "I don't think Dana has carved out a position as a fire-breathing supporter for any political personality except for Ronald Reagan," says Wallin, referring to Rohrabacher's early days working in the Reagan White House. "He tends to align quite naturally with that district in his perspectives, his persona, and his political views. His district views him as being independent, and when Dana takes a position on something that seems to be outside the mainstream, that can actually buttress his favorable regard."

Two Democrats have announced bids to run against Rohrabacher. One is first-time candidate Harley Rouda, a businessman and attorney who gave $9,200 to Republican congressional candidates and nothing to Democrats between 1993 and 2007. The other is Boyd Roberts, a Laguna Beach real estate broker who has vowed to work to impeach Trump and who finished last among five candidates running for a school board seat in Hemet, California, in 2012. Both are attacking Rohrabacher over his sympathetic stance toward Russia. "The district will vote [Rohrabacher] out because i think there is something with the Russia thing. I think I can raise money off it," Roberts told the Los Angeles Times. In an online ad, Rouda calls Rohrabacher "one of the most entrenched members of Washington's establishment" and vows to get "tough on Russia" if he is elected.

"They're both kind of waving the flag of the Russia thing, and I just don't think that's gonna get them over the line," says Wallin. Carey declined to comment on either candidate, though she says a third challenger will be announcing a bid this summer. Meanwhile, the DCCC hasn't thrown its backing behind anyone yet. "Barring something dramatic happening, I'd say he is far more safe than a number of other districts in the area," says Wallin.

Yet Carey thinks that so long as the Democrats continue organizing with the same intensity they've shown so far, they can turn the district blue. "We have a lot of folks who said they never paid attention before, a lot of no-party-preference people who are really concerned about democracy," she says. When asked whether people in the district continue to be engaged, she responds, "So far I think the energy is staying. I tell people, 'This is not a sprint, it's a marathon.' But I think as long as Trump keeps tweeting, we'll keep having interest!"




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Trump WH: Birth Control Mandate Is Unnecessary Because of Planned Parenthood, Which We’ll Also Defund

The Trump administration's argument for letting lots of employers opt out of covering birth control is…not exactly bulletproof.

Yesterday, Vox reported that the Trump administration is considering a broad exemption to Obamacare's mandate on contraceptive coverage, according to a leaked draft of the proposed rule. If passed, the rule would allow virtually any employer, not just a religious one, to remove birth control coverage from its insurance plan if contraception violates the organization's religious beliefs or "moral convictions"—a broad and murky standard.

But, in a curious twist, part of the Trump administration's justification for the move hinges on the existence of hundreds of Planned Parenthood clinics, many of which the White House is actively trying to close by "defunding" Planned Parenthood.

As the draft text explains, the administration believes the past rationale for Obamacare's contraception mandate is insufficient. The document lists several reasons why this is the case. Here's one of them:

"There are multiple Federal, state, and local programs that provide free or subsidized contraceptives for low-income women, including Medicaid (with a 90% Federal match for family planning services), Title X, health center grants, and Temporary Assistance for Needy Families. According to the Guttmacher Institute, government-subsidized family planning services are provided at 8,409 health centers overall. Various state programs supplement Federal programs, and 28 states have their own mandates of contraceptive coverage as a matter of state law. For example, the Title X program, administered by the HHS Office of Population Affairs (OPA), provides voluntary family planning information and services for clients based on their ability to pay.

...

"The availability of such programs to serve the most at-risk women identified by IOM [Institute of Medicine, now known as the National Academy of Medicine] diminishes the Government's interest in applying the Mandate to objecting employers."

The implication here is that since there are already programs like Medicaid and Title X to help low-income women afford contraception, the requirement that most employers provide no-cost birth control is less pressing.

But there are a couple of glaring contradictions here: First of all, of the 8,409 health centers that provide Medicaid and Title X family planning services, as cited in the rule, 817 of them are run by Planned Parenthood—the very group that Congress and the administration are trying to exclude from using Title X and Medicaid funds to provide health care.

Trump has already signed a bill into law allowing states to exclude Planned Parenthood and other providers who offer abortions from receiving Title X family planning funding—never mind that Title X funding is used exclusively for nonabortion services. Beyond that, there are several more proposals moving through government—including in the House's American Health Care Act and in the Trump budget proposal—to withhold Medicaid and other federal dollars, including Title X, specifically from Planned Parenthood.

The problem with the White House's logic boils down to this: As the nation's largest provider of federal Title X-funded care, in 2015 Planned Parenthood centers served more than 40 percent of women nationwide using Title X-funded family planning care—a whopping 1.58 million patients. But if Planned Parenthood can no longer receive a single federal dollar to provide contraception and other family planning care—an oft-repeated goal of the Trump administration—then these nearly 1.6 million low-income patients will suddenly lose their family planning care. And now their employers may not cover that care either.




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Some Actual Good News After Trump's Paris Agreement Fiasco

Just hours after President Donald Trump announced that he intends to withdraw the United States from Paris Climate Agreement, three state governors announced the formation of the United States Climate Alliance, a union that will work to reduce greenhouse gas emissions, even as national leadership on climate change falters.

For now, the alliance includes California, New York and Washington State. The governors of those states, Jerry Brown, Andrew Cuomo, and Jay Inslee, respectively, released a statement on Thursday describing how the new alliance will build state-level partnerships to continue aggressive American action on climate change and uphold the goals and standards of the Paris Agreement.

"The president has already said climate change is a hoax, which is the exact opposite of virtually all scientific and worldwide opinion," said Governor Brown in the statement. "I don't believe fighting reality is a good strategy—not for America, not for anybody. If the president is going to be AWOL in this profoundly important human endeavor, then California and other states will step up."

Governor Cuomo echoed that sentiment. Trump's "reckless decision to withdraw from the Paris Climate Agreement has devastating repercussions not only for the United States, but for our planet," he said. "This administration is abdicating its leadership and taking a backseat to other countries in the global fight against climate change."

California, New York, and Washington combined are home nearly 70 million people, about 20 percent of the US population. And their governments have already begun to take action. For example, the California State Senate passed legislation on Wednesday that mandates California to develop 100 percent of its electricity from renewable resources by 2045.

So far, no other states have signed on to the alliance, though 61 American mayors also pledged on Thursday that their cities will uphold the tenets of the Paris Climate Agreement.




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In 3 Months, 3 Immigrants Have Died at a Private Detention Center in California

A Honduran immigrant held at a troubled detention center in California's high desert died Wednesday night while in the custody of Immigration and Customs Enforcement (ICE). Vincente Caceres-Maradiaga, 46, was receiving treatment for multiple medical conditions while waiting for an immigration court to decide whether to deport him, according an ICE statement. He collapsed as he was playing soccer at the detention facility and died while en route to a local hospital.

Caceres-Maradiaga's death is the latest in a string of fatalities among detainees held at the Adelanto Detention Facility, which is operated by the GEO Group, the country's largest private prison company. Three people held at the facility have died in the last three months, including Osmar Epifanio Gonzalez-Gadba, a 32-year-old Nicaraguan found hanging in his cell on March 22, and Sergio Alonso Lopez, a Mexican man who died of internal bleeding on April 13 after spending more than two months in custody.

Since it opened in 2011, Adelanto has faced accusations of insufficient medical care and poor conditions. In July 2015, 29 members of Congress sent a letter to ICE and federal inspectors requesting an investigation into health and safety concerns at the facility. They cited the 2012 death of Fernando Dominguez at the facility, saying it was the result of "egregious errors" by the center's medical staff, who did not give him proper medical examinations or allow him to receive timely off-site treatment. In November 2015, 400 detainees began a hunger strike, demanding better medical and dental care along with other reforms.

Yet last year, the city of Adelanto, acting as a middleman between ICE and GEO, made a deal to extend the company's contract until 2021. The federal government guarantees GEO that a minimum of 975 immigrants will be held at the facility and pays $111 per detainee per day, according to California state Sen. Ricardo Lara (D-Bell Gardens), who has fought to curtail private immigration detention. After that point, ICE only has to pay $50 per detainee per day—an incentive to fill more beds.

Of California's four privately run immigration detention centers, three use local governments as intermediaries between ICE and private prison companies. On Tuesday, the California senate voted 26-13 to ban such contracts, supporting a bill that could potentially close Adelanto when its contract runs out in 2021. The Dignity Not Detention Act, authored by Lara, would prevent local governments from signing or extending contracts with private prison companies to detain immigrants starting in 2019. The bill would also require all in-state facilities that hold ICE detainees, including both private detention centers and public jails, to meet national standards for detention conditions—empowering state prosecutors to hold detention center operators accountable for poor conditions inside their facilities.

An identical bill passed last year but was vetoed by Gov. Jerry Brown. "I have been troubled by recent reports detailing unsatisfactory conditions and limited access to counsel in private immigration detention facilities," Brown wrote in his veto message last September. But he deferred to the Department of Homeland Security, which was then reviewing its use of for-profit immigration detention. In that review, the Homeland Security Advisory Council rejected the ongoing use of private prison companies to detain immigrants, citing the "inferiority of the private prison model." Yet since President Donald Trump took office, the federal government has moved to expand private immigration detention, signing a $110 million deal with GEO in April to build the first new immigration detention center under Trump.

Nine people have died in ICE custody in fiscal year 2017, which began October 1. Meanwhile, private prison stocks have nearly doubled in value since Election Day.




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COVID-19 claims another life in the Windsor area

There were nine new cases and one death related to COVID-19 reported Saturday by the Windsor Essex County Health Unit. The health unit update said a female in her 90s died Friday. She was a resident of a long-term care facility. As of Saturday, there have been 694 confirmed cases of coronavirus, 263 cases are […]





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Cyber Security Today – Zoom meeting job review scam, fake Labor Department email and a new Android threat

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CompTIA launches a new cybersecurity analyst certification worldwide

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Hashtag Trending – Data Transfer Project; Amazon and COVID-19; and NVIDIA’s open source ventilator

Facebook is rolling out a tool that lets users in the US and Canada transfer photos and videos from its platform to Google Photos, Amazon says it plans to spend all of its profit for the second quarter, an estimated $4 billion, on its response to the coronavirus pandemic, and NVIDIA’s chief scientist rolls out…




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Cyber Security Today – Email scam targets executives, NSA rates conferencing tools and prepare for COVID tracing apps

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ICANN rejects private equity purchase of .org

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Mastercard study finds a significant rise in the use of contactless payments amid COVID-19

There has been a significant surge in contactless payments for everyday purchases since the onset of COVID-19, according to a new study. The Mastercard global consumer study conducted from April 10 to 12 says that in Canada, 76 per cent of consumers say contactless payments are now their preferred way to pay when making in-store…




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StorkSupply deliver deals for baby gear on demand

The high cost and short life of baby supplies inspired new dad Matt Cass to create a company. His novel leasing service is saving parents money, time and space on everything from cribs to toys.   When Matt Cass and his wife had their first child 2½ years ago, they had to stock up on…




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Hashtag Trending – WeWork’s ex-chief sues SoftBank; Children’s computer game gets hacked; IBM Think

WeWork’s ex-chief sues SoftBank, a popular children’s computer game gets hacked, and IBM’s Think conference goes virtual this week. WeWork cofounder and former chief executive Adam Neumann has filed a suit against Japanese conglomerate SoftBank for abandoning a $3 billion tender offer to the startup’s shareholders. The money is part of a $9.6 billion rescue…




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Microsoft announces Surface Go 2 and Surface Book 3

Microsoft this week revealed the new Microsoft Surface Go 2 and Surface Book 3 convertible tablet PCs. Microsoft Surface Go 2 Microsoft’s Surface Go fills the role of an affordable tablet PC that can run the full Windows 10 operating system. Its lower pricing was especially attractive to the education and front-line sectors. The Surface…




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Hashtag Trending – Shopify turn heads; Airbnb slashes 25% of jobs; Purchased Tesla part has extra surprise

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More than 90,000 join IBM for Digital Think conference

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Ontario judge orders videoconferencing for pre-trial testimony: ‘It’s 2020’

Ontario lawyers have been warned to learn to live with videoconferencing for pre-trial hearings as the COVID-19 pandemic restricts people from in-person sessions. A judge of the Ontario Superior Court of Justice has ordered the parties in a civil lawsuit to do the pre-trial questioning of a witness — usually held in a law office…