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The Justice Department responded to CNN's lawsuit over the revocation of Jim Acosta's press pass on Wednesday, saying in a court filing that the White House rejects the idea that it can't pick and choose which journalists can be given a permanent pass to cover it."The President and White House possess the same broad discretion to regulate access to the White House for journalists (and other members of the public) that they possess to select which journalists receive interviews, or which journalists they acknowledge at press conferences," lawyers say in the filing.Both CNN and Acosta are plaintiffs. The suit alleges that their First and Fifth Amendment rights are being violated by the ban.Judge Timothy J. Kelly, a Trump appointee, has scheduled a hearing for Wednesday at 3:30 p.m.CNN and Acosta are asking Kelly for a temporary restraining order and a preliminary injunction that would restore his access right away.Lawyers for CNN and Acosta are arguing that time is of the essence because his rights are violated every day his pass is suspended.They are also seeking a declaration that Trump's action was "unconstitutional, in violation of the First Amendment and the Due Process Clause of the Fifth Amendment." This could protect other reporters against similar actions in the future."This is a very, very important case," Ted Olson said. Olson, a Republican heavyweight who successfully argued for George W. Bush in Bush v. Gore, is representing CNN along with another prominent outside attorney, Theodore Boutrous, and the network's chief counsel, David Vigilante.Olson said Tuesday that it was Acosta whose press pass was suspended this time, but "this could happen to any journalist by any politician."He spoke forcefully against Trump's action. "The White House cannot get away with this," he said in an interview with CNN anchor Brooke Baldwin.CNN's lawyers say the case hinges on Acosta and CNN's First Amendment rights; the shifting rationales behind the ban; and the administration's failure to follow the federal regulations that pertain to press passes, an alleged violation of Fifth Amendment rights.Tuesday's lawsuit rejected the White House's claim that Acosta acted inappropriately at a press conference last week. The suit says this is really about Trump's dislike of Acosta.The "reasonable inference from defendants' conduct is that they have revoked Acosta's credentials as a form of content- and viewpoint-based discrimination and in retaliation for plaintiffs' exercise of protected First Amendment activity," CNN's lawsuit alleges.Many media law experts, unaffiliated with CNN, believe the network has a very strong case.Judge Andrew Napolitano, the top legal analyst on Trump's favorite network, Fox News, said the same thing on Tuesday. "I think this will be resolved quickly," he said, adding "I think it will either be settled or CNN will prevail on motion."If there is no settlement, CNN is requesting a jury trial.In an interview with Wolf Blitzer, Boutrous said the government officials are being sued in their "official capacity," but "there is a possibility of damages claims," which would mean suing them personally.Blitzer pointed out that the officials would have to "go out and hire their own attorneys."It is incredibly rare to see a news organization suing a president.Fox News supports CNN in lawsuit against White House, network's president saysFred Ryan, the publisher and CEO of the Washington Post, expressed his support for the action Tuesday night. "We support CNN in its effort to restore the press credentials of its White House reporter," Ryan said. "It is a journalist's role to ask hard questions, hold the powerful to account and provide readers with as much information as possible."The White House Correspondents' Association is also standing behind CNN. The group said Tuesday that the president "should not be in the business of arbitrarily picking the men and women who cover him." 3956

The Palm Beach County Supervisor of Elections Susan Bucher says she expects to begin the manual recount process at 11 a.m. ET Friday.This comes after a Thursday order from the Secretary of State to complete a manual recount statewide for the Senate race and Agriculture Commissioner's race.Palm Beach County also must complete a manual recount for a State House race.Manual recounts are required when a candidate’s margin of victory is less than .25 percent.However, Bucher said first, they need to complete the machine recount for the Senate race before they can begin the manual recount.She said they have not completed the tabulation process to come up with vote totals for the Senate race to find all the over and under votes.“We just want to get to a place where we should start a manual recount. Right now we’re incomplete and we’re incomplete for various reasons, mostly because there were requirements that we show some duplicated, damaged ballots, and haven’t run those and requirements that we canvass ballots for over and under votes that were duplicated by staff," Bucher said.  "So, we’ve completed that process, but now we have to go run them through our tabulators to get the rest of our over unders.”  They do not have to manually recount every single ballot, only ones considered overvotes or undervotes.An overvote is a ballot in which the voter appeared to vote for more than one candidate in a race, and an undervote is a ballot in which the voter appeared to vote for no candidate in a race.An election worker, along with a representative from each political party, will review the ballots in question. If they cannot agree on the voter’s intent, it will go to the canvassing board.A judge’s ruling will determine the order of the recount races.The results are due by noon on Sunday.  1853

The parents of Payton Summons, who was declared brain-dead, have been granted more time to keep their 9-year-old on a ventilator at a Fort Worth, Texas, hospital.Lawyers for Payton's family filed a new request on Monday to extend a temporary restraining order that would keep her on the machine at Cook Children's Medical Center. The order has been extended until next Monday at 6 pm, according to Justin Moore, a lawyer for Payton's family.A previous temporary restraining order against Cook Children's Medical Center was scheduled to expire Monday afternoon after Judge Melody Wilkinson of the 17th District Court of Texas denied a request last week to extend it."The parents want to keep on fighting," Moore, told HLN's "Michaela" on Thursday."It's probably the hardest case I've ever had to deal with in my young career," he said. "Just to see this particular situation where parents are just fighting tooth and nail and they're not gaining an inch at all, it's just heartbreaking."Payton has been on the ventilator at Cook Children's Medical Center since late September, after she went into cardiac arrest due to a large tumor in her chest.Last month, she was staying overnight with her grandmother when she suddenly woke up, "screamed for her grandmother to help her and said that she couldn't breathe ... then she collapsed," Payton's mother, Tiffany Hofstetter, told CNN affiliate KTVT in September.Payton was transported to the hospital, and doctors established a heartbeat but put her on a ventilator because she was no longer breathing.She was confirmed brain-dead after a test determined that she did not have brain activity."Brain death, by definition, is irreversible," CNN Chief Medical Correspondent Dr. Sanjay Gupta said in 2014."In the United States and most places, it is legally synonymous with death -- the same as if your heart stops," he said. "But brain death means a total loss of brain activity."Under Texas law, a person is considered dead when they have suffered an irreversible loss of all brain function, the hospital said in a statement in September, according to KTVT."Per our protocol and national pediatric medical standards, a second brain death exam was scheduled to take place by a different physician within 12 hours of the first to complete the legal process of declaring Payton deceased," the hospital said."In addition to dealing with the sudden blow of her cardiac arrest and devastating brain injury, Payton's family is also coping with the news that the arrest was caused by the growth of a very large tumor in her chest that is shutting off her circulatory system."The hospital held off on performing the second brain death examination because Payton's family filed that temporary restraining order against the facility. It was filed in order to keep her on the ventilator until they found another hospital that could take their daughter. The family's co-counsel Paul Stafford said last week that the family contacted about 25 other facilities, but there were no takers."Unfortunately, after 25 out of 28 facilities that were contacted, we had no takers. We have two maybes, and those were preconditioned on certain things which may be life-threatening to Payton if performed," he said.Kim Brown, a spokeswoman for the hospital, said in a statement this month, "Cook Children's has been informed that we no longer have the ability to speak to media about Payton Summons. Although the family previously signed a consent form authorizing the release of information protected by the Health Insurance Portability and Accountability Act (HIPAA), we have been notified by the family's lawyer that the family has revoked their consent for us to speak about Payton's condition."Unfortunately, this means that we are no longer able to provide detailed, factual information regarding this case. We're disappointed that the family has revoked their authorization because we believe that accurate information facilitates fair, balanced and informed reporting." 4031

The man accused of setting a Southern California fire that has burned more than 19,000 acres appeared in court Friday and said, "It's all a lie!" as a judge read the charges against him.Forrest Gordon Clark, 51, did not enter a plea during the brief appearance in an Orange County courtroom. When the judge explained the process further to him, Clark said, "I comprehend. I do not understand though."He is due back in court August 17 for arraignment and bail review.Clark was charged Thursday with aggravated arson and criminal threats, among other offenses, in starting the Holy Fire in Cleveland National Forest that has scorched 19,107 acres and was 10% contained as of Friday night, according to forest officials. 725

The Michigan Department of Transportation says 40-50 cars and semis have been involved in an accident on I-94 in Jackson County, located about 80 miles west of Detroit.According to an MDOT traffic map, the crash appears to be on Westbound I-94 at Race Rd., exit 147 between Ann Arbor and Jackson.Three people reportedly suffered minor injuries in the pileup.According to the Jackson County Sheriff's Office, Michigan State Police, the Jackson County Sheriff's Office and Blackman-Leoni Public Safety are responding to the crash scene.Westbound I-94 is currently closed at the accident site.   610