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Federal judge Timothy J. Kelly sided with CNN on Friday, ordering the White House to reinstate chief White House correspondent Jim Acosta's press pass.The ruling was an initial victory for CNN in its lawsuit against President Trump and several top aides.The lawsuit alleges that CNN and Acosta's First and Fifth Amendment rights are being violated by the suspension of Acosta's press pass.Kelly did not rule on the underlying case on Friday. But he granted CNN's request for a temporary restraining order.This result means that Acosta will have his access to the White House restored for at least a short period of time. The judge said while explaining his decision that he believes that CNN and Acosta are likely to prevail in the case overall.Kelly made his ruling on the basis of CNN and Acosta's Fifth Amendment claims, saying the White House did not provide Acosta with the due process required to legally revoke his press pass.He left open the possibility, however, that the White House could seek to revoke it again if it provided that due process, emphasizing the "very limited" nature of his ruling and saying he was not making a judgment on the First Amendment claims that CNN and Acosta have made.Kelly was appointed to the bench by Trump last year, and confirmed with bipartisan support in the Senate.CNN has also asked for "permanent relief," meaning a declaration from the judge that Trump's revocation of Acosta's press pass was unconstitutional. This legal conclusion could protect other reporters from retaliation by the administration."The revocation of Acosta's credentials is only the beginning," CNN's lawsuit alleged, pointing out that Trump has threatened to strip others' press passes too.That is one of the reasons why most of the country's major news organizations have backed CNN's lawsuit, turning this into an important test of press freedom.But the judge will rule on all of that later. Further hearings are likely to take place in the next few weeks, according to CNN's lawyers.The White House took the unprecedented step of suspending Acosta's access after he had a combative exchange with Trump at last week's post-midterms press conference. CNN privately sought a resolution for several days before filing suit on Tuesday.The defendants include Trump, press secretary Sarah Sanders, and chief of staff John Kelly.Kelly heard oral arguments from both sides on Wednesday afternoon.Kelly, a Trump appointee who has been on the federal bench just more than a year now, was very inquisitive at Wednesday's hearing, asking tough questions of both sides, drilling particularly deep into some of CNN's arguments.Then he said he would issue a ruling Thursday afternoon. He later postponed it until Friday morning, leaving both sides wondering about the reason for the delay.In public, the White House continued to argue that Acosta deserves to be blacklisted because he was too aggressive at the press conference.Speaking with Robert Costa at a Washington Post Live event on Thursday, White House communications official Mercedes Schlapp said press conferences have a "certain decorum," and suggested that Acosta violated that. "In that particular incident, we weren't going to tolerate the bad behavior of this one reporter," she said. Schlapp repeated the "bad behavior" claim several times.When Costa asked if the White House is considering yanking other press passes. Schlapp said "I'm not going to get into any internal deliberations that are happening."In court on Wednesday, Justice Department lawyer James Burnham argued that the Trump White House has the legal right to kick out any reporter at any time for any reason -- a position that is a dramatic break from decades of tradition.While responding to a hypothetical from Kelly, Burnham said that it would be perfectly legal for the White House to revoke a journalist's press pass if it didn't agree with their reporting. "As a matter of law... yes," he said.The White House Correspondents' Association -- which represents reporters from scores of different outlets -- said the government's stance is "wrong" and "dangerous.""Simply stated," the association's lawyers wrote in a brief on Thursday, "if the President were to have the absolute discretion to strip a correspondent of a hard pass, the chilling effect would be severe and the First Amendment protections afforded journalists to gather and report news on the activities on the President would be largely eviscerated."The-CNN-Wire 4484
ENCINITAS, Calif (KGTV) -- An Encinitas business owner is trying to spread awareness about the challenges her employees face when customers refuse to follow the public health orders issued during the pandemic.Kris Buchanan owns GOODONYA Organic on the 101 in Encinitas. She posted a video discussing what she calls "The great mask debate" with one of her employees.Alex, the employee, talks about how it's exhausting constantly reminding customers to wear a face covering, but Buchanan said her employees deal with much more than that."I think people should realize the issue is not the business and I'm not trying to skirt the issue. I'm just trying to be real, we can't enforce, we don't have the skills, we don't have the training, we don't have the money to go through the training, and I don't want to put my people in that situation," said Buchanan.Buchanan said her employees are dealing with customers who refuse to wear masks, but also customers who are upset that other people aren't wearing masks."I think every business has a responsibility to do the right thing, to follow the guidelines and so it's not like we're just, we don't want to talk about it, I think the point to know is we do try and, they don't listen to us," said Buchanan.She has spent thousands of dollars on PPE, moving the restaurant outdoors and increasing sanitation protocols, but she says there's not much she can do when crowds of people and tourists walk right past her outdoor tables without masks. She also paid for her employees to be tested after one of them caught COVID-19 in June."It's like, do you know how much money we're spending and what we are doing to even try to stay alive? And you're in for a snapshot in time, and you see something, and you threaten to turn us into the local authorities, I'm like I don't even know who that would be, but go ahead," said Buchanan.She points to a religious rally held recently at Cardiff State Beach. Thousands of people attended with few face coverings and little social distancing.A spokesman with California State Parks said a permit was not issued for the event and that the gathering was not allowed."When you saw the 1,000 people at Cardiff gathering, it was disheartening, that's right down the street from our business. So, we definitely got customers after that ceremony, and here they walk past the sheriff, they walk past the lifeguard and they walk past the state beach guys, who work for the state, didn't get a ticket, and now they come into some random cafe," said Buchanan.Instead of expecting employees to police guidelines, she encourages customers to contact their local elected leaders."Asking the cashiers, and the waitresses and the servers to kind of implement an escalated situation is not fair and not right, and it won't work anyway," said Buchanan.She hopes people will do the right thing."Do you want cops issuing tickets? Or maybe we could all just take personal responsibility when we're out and about whether you believe in it or not," said Buchanan. 3027

ESCONDIDO, Calif. (KGTV) — New undercover video appears to show signature gatherers pitching falsehoods to voters get them to sign petitions that would force the massive Newland Sierra development to a public vote.The County Board of Supervisors approved the project last month. It calls for more than 2,000 new homes on nearly 2,000 acres north of Deer Springs Road in Escondido. Opponents, backed by the exclusive Golden Door Spa, launched a signature drive to collect about 68,000 signatures from registered voters before Oct. 26. It would delay the project so the public can weigh in at the polls. On Friday, Newland released undercover video purportedly showing the signature gatherers making claims that the development would raise taxes, force people out of their homes, and encompass 430,000 acres. "What they're doing is basically putting in a bunch of homes, stores, casinos, hotels," one petitioner says in the video (the plan does not call for casinos or hotels).Steve Inscoe, who lives in Escondido, said signature gatherers told him that plans called for one million square feet of commercial space (it calls for 81,000), and that there was no plan to mitigate traffic (Newland Sierra says it will spend million on traffic improvements)."We are at a time when we need a whole lot of housing," said Inscoe, who supports the project.But the committee behind the petition says the real story is what's not in the video. Newland Sierra has deployed so-called truth teams that are allegedly the aggressors - an attorney for the committee says they even surround signature gatherers to block them from doing their jobs. It has led to confrontations, plus restraining orders and cease and desist letters from Vons/Albertsons. Rita Brandin, a vice president at Newland Sierra, said the signature gatherers are the ones who get confrontational."When a signature gatherer who is being paid says 'this project will raise taxes,' our truth teams can say 'that's inaccurate.' So because the signature gatherer is the one that signature by signature is making his paycheck, they get aggressive," she said.Newland Sierra sent the committee a cease and desist letter, reserving its right to litigate.In a response, Sean Welch, the attorney for the committee, warned Newland Sierra against any legal action. He noted that the signature gatherers are trained and that the First Amendment provides wide latitude for political expression. "It is beyond dispute that the Newland Sierra Project is extremely controversial, and that a large number of voters throughout San Diego County has long been opposed," Welch wrote. "Voter awareness of this issue is particularly high."As it stands, Newland Sierra plans to break ground in 2020, with first move-ins in 2021. 2849
ENCINITAS, Calif. (KGTV) - Members of the youth-led, anti-gun organization “Team Enough” held a forum Friday night featuring local politicians. The group is a local chapter of an organization that came out of the school shooting in Parkland, Florida. They invited Congressman Mike Levin (D), Assemblymember Todd Gloria (D), Encinitas Mayor Catherine Blakespear and Carlsbad Mayor Pro Tem, Priya Bhat-Patel. 414
FARGO, N.D. — A man smashed the office window belonging to a North Dakota senator with an ax. The attack was caught on security camera video Monday morning.The man calmly walks up a set of stairs around 9 a.m. before turning toward the Fargo office of U.S. Senator John Hoevens. He then begins repeatedly swinging the ax toward the door eventually smashing the window. 376
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