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CNN is filing a lawsuit against President Trump and several of his aides, seeking the immediate restoration of chief White House correspondent Jim Acosta's access to the White House.The lawsuit is a response to the White House's suspension of Acosta's press pass, known as a Secret Service "hard pass," last week. The suit alleges that Acosta and CNN's First and Fifth Amendment rights are being violated by the ban.The suit is being filed in U.S. District Court in Washington, D.C. on Tuesday morning, a CNN spokeswoman confirmed.Both CNN and Acosta are plaintiffs in the lawsuit. There are six defendants: Trump, chief of staff John Kelly, press secretary Sarah Sanders, deputy chief of staff for communications Bill Shine, Secret Service director Joseph Clancy, and the Secret Service officer who took Acosta's hard pass away last Wednesday. The officer is identified as John Doe in the suit, pending his identification.The six defendants are all named because of their roles in enforcing and announcing Acosta's suspension.Last Wednesday, shortly after Acosta was denied entry to the White House grounds, Sanders defended the unprecedented step by claiming that he had behaved inappropriately at a presidential news conference. CNN and numerous journalism advocacy groups rejected that assertion and said his pass should be reinstated.On Friday, CNN sent a letter to the White House formally requesting the immediate reinstatement of Acosta's pass and warning of a possible lawsuit, the network confirmed.In a statement on Tuesday morning, CNN said it is seeking a preliminary injunction as soon as possible so that Acosta can return to the White House right away, and a ruling from the court preventing the White House from revoking Acosta's pass in the future."CNN filed a lawsuit against the Trump Administration this morning in DC District Court," the statement read. "It demands the return of the White House credentials of CNN's Chief White House correspondent, Jim Acosta. The wrongful revocation of these credentials violates CNN and Acosta's First Amendment rights of freedom of the press, and their Fifth Amendment rights to due process. We have asked this court for an immediate restraining order requiring the pass be returned to Jim, and will seek permanent relief as part of this process."CNN also asserted that other news organizations could have been targeted by the Trump administration this way, and could be in the future."While the suit is specific to CNN and Acosta, this could have happened to anyone," the network said. "If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials."During his presidential campaign, Trump told CNN that, if elected, he would not kick reporters out of the White House. But since moving into the White House, he has mused privately about taking away credentials, CNN reported earlier this year. He brought it up publicly on Twitter in May, tweeting "take away credentials?" as a question.And he said it again on Friday, two days after blacklisting Acosta. "It could be others also," he said, suggesting he may strip press passes from other reporters. Unprompted, he then named and insulted April Ryan, a CNN analyst and veteran radio correspondent.Trump's threats fly in the face of decades of tradition and precedent. Republican and Democratic administrations alike have had a permissive approach toward press passes, erring on the side of greater access, even for obscure, partisan or fringe outlets.That is one of the reasons why First Amendment attorneys say CNN and Acosta have a strong case.As the prospect of a lawsuit loomed on Sunday, attorney Floyd Abrams, one of the country's most respected First Amendment lawyers, said the relevant precedent is a 1977 ruling in favor of Robert Sherrill, a muckraking journalist who was denied access to the White House in 1966.Eleven years later, a D.C. Court of Appeals judge ruled that the Secret Service had to establish "narrow and specific" standards for judging applicants. In practice, the key question is whether the applicant would pose a threat to the president.The code of federal regulations states that "in granting or denying a request for a security clearance made in response to an application for a White House press pass, officials of the Secret Service will be guided solely by the principle of whether the applicant presents a potential source of physical danger to the President and/or the family of the President so serious as to justify his or her exclusion from White House press privileges."There are other guidelines as well. Abrams said the case law specifies that before a press pass is denied, "you have to have notice, you have to have a chance to respond, and you have to have a written opinion by the White House as to what it's doing and why, so the courts can examine it.""We've had none of those things here," Abrams said.That's why the lawsuit is alleging a violation of the Fifth Amendment right to due process.Acosta found out about his suspension when he walked up to the northwest gate of the White House, as usual, for a Wednesday night live shot. He was abruptly told to turn in his "hard pass," which speeds up entry and exit from the grounds."I was just told to do it," the Secret Service officer said.Other CNN reporters and producers continue to work from the White House grounds, but not Acosta."Relevant precedent says that a journalist has a First Amendment right of access to places closed to the public but open generally to the press. That includes press rooms and news conferences," Jonathan Peters, a media law professor at the University of Georgia, told CNN last week. "In those places, if access is generally inclusive of the press, then access can't be denied arbitrarily or absent compelling reasons. And the reasons that the White House gave were wholly unconvincing and uncompelling."The White House accused Acosta of placing his hands on an intern who was trying to take a microphone away from him during a press conference. Sanders shared a distorted video clip of the press conference as evidence. The White House's rationale has been widely mocked and dismissed by journalists across the political spectrum as an excuse to blacklist an aggressive reporter. And Trump himself has cast doubt on the rationale: He said on Friday that Acosta was "not nice to that young woman," but then he said, "I don't hold him for that because it wasn't overly, you know, horrible."Acosta has continued to do part of his job, contacting sources and filing stories, but he has been unable to attend White House events or ask questions in person -- a basic part of any White House correspondent's role.Acosta is on a previously scheduled vacation this week. He declined to comment on the lawsuit.On CNN's side, CNN Worldwide chief counsel David Vigilante is joined by two prominent attorneys, Ted Boutrous and Theodore Olson. Both men are partners at Gibson, Dunn & Crutcher.Last week, before he was retained by CNN, Boutrous tweeted that the action against Acosta "clearly violates the First Amendment." He cited the Sherrill case."This sort of angry, irrational, false, arbitrary, capricious content-based discrimination regarding a White House press credential against a journalist quite clearly violates the First Amendment," he wrote.David McCraw, the top newsroom lawyer at The New York Times, said instances of news organizations suing a president are extremely rare.Past examples are The New York Times v. U.S., the famous Supreme Court case involving the Pentagon Papers in 1971; and CNN's 1981 case against the White House and the broadcast networks, when CNN sued to be included in the White House press pool.The backdrop to this new suit, of course, is Trump's antipathy for CNN and other news outlets. He regularly derides reporters from CNN and the network as a whole.Abrams posited on "Reliable Sources" on Sunday that CNN might be reluctant to sue because the president already likes to portray the network as his enemy. Now there will be a legal case titled CNN Inc. versus President Trump.But, Abrams said, "this is going to happen again," meaning other reporters may be banned too."Whether it's CNN suing or the next company suing, someone's going to have to bring a lawsuit," he said, "and whoever does is going to win unless there's some sort of reason."The-CNN-Wire 8437
Cited under Arizona's Stupid Motorist Law and slammed with four tickets, a Scottsdale man who drove into deep water learned a lesson Sunday night.Cooper Moore, 20, said he was close to home and he did not see how deep the water was in the roadway, so he decided to drive through the barricades in place. RELATED: How much water does it take to wash a car away?Moore said he quickly realized that was a mistake when the water reached halfway up his tires. "I just thought it was more convenient going through this and I didn't think...I didn't see how powerful the water was at the time," Moore explained. "And when I got to that point where my car is, I tried to go in reverse, but it stalled and my engine just shut off and I needed to get rescued."Moore said he escaped out the window and sat on his car while he waited for help to arrive. He said they walked him to safety but then handed him four tickets. Moore said while he understands what he did was wrong, he thinks rescue crews were a little harsh with him."I think they gave me a little too many consequences for that," Moore said. "And they said that I brought a lot of people out there and it was a Sunday night and I understand that I may have ruined some people's nights, but it's just a small mistake."Under Arizona's Stupid Motorist Law, a driver can be forced to reimburse rescue crews for their efforts to get a person to safety if they ignored barricades. It is a law that is on the books but is rarely enforced. 1531
COMPTON, Calif. (CNS) - A manhunt was underway Tuesday for the gunman who brazenly shot two Los Angeles County sheriff's deputies as they sat in a patrol SUV at a Compton rail station, with a reward for information leading to the suspect increasing to 0,000.The deputies, members of the Transit Services Bureau, remained hospitalized in critical condition, but Sheriff Alex Villanueva was hopeful Monday about their prognosis."Fortunately, they were spared any injury to a vital organ that would have jeopardized their life immediately," Villanueva told KNX Newsradio.But the sheriff said the deputies -- described only as a 24-year-old man and a 31-year-old mother of a 6-year-old boy -- have a long road to recovery. Villanueva said Saturday both deputies were sworn in just 14 months ago.A GoFundMe page set up for the two deputies raised nearly 0,000 as of Tuesday morning as a reward for information leading to the arrest and conviction of the suspect increased to 0,000. As of 1 a.m., more than 3,900 people had donated 9,635 toward the page's goal of 0,000. The page, which was started by sheriff's detective Keegan McInnis, can be found at http://ow.ly/N3q430r9VTq.As of Monday, no suspects have been identified, despite some online social media chatter to the contrary. The sheriff's department issued a statement early Monday saying the information circulating online "is ERRONEOUS information and there are no named or wanted suspects at this time."Villanueva told KNX that investigators are "working day and night to identify and arrest these cowards," referencing the gunman and a possible getaway driver.The county is offering a 0,000 reward for information leading to the gunman. The Board of Supervisors is expected to formally ratify the reward offer at its meeting Tuesday. Villanueva, in a Monday afternoon appearance on KABC radio, said two private donors stepped up to increase the reward offer to 5,000.The Los Angeles County Metropolitan Transportation Authority announced Monday afternoon it is adding ,000 to the reward, noting that the deputies were working for Metro's Transit Services Bureau at the time of the shooting.Villanueva challenged Laker star LeBron James, who has been outspoken on social-justice issues and in support of the Black Lives Matter movement, to double the reward offer.Anyone with information was encouraged to contact the Sheriff's Department's Homicide Bureau at 323-890-5500. Anonymous tips can be left for L.A. Crime Stoppers at 800-222-TIPS (8477), or at http://lacrimestoppers.org.The attack occurred at 7 p.m. Saturday at the Metro A (Blue) Line station at Willowbrook Avenue and Palmer Street. Surveillance video shows the suspect approaching the patrol vehicle from behind, walking up to the passenger side of the vehicle, pulling out a handgun and firing through the passenger side window. The gunman is then seen running away.The shooter was described by the sheriff's department as a "male Black, 28- to 30-years-old, wearing dark clothing, who was last seen heading northbound on Willowbrook Avenue in a black four-door sedan."Villanueva said his department has been contacted by President Donald Trump and Democratic presidential candidate Joe Biden, and he said the president may reach out to the injured deputies' families. Trump visited northern California Monday to survey wildfire damage."Both candidates have done a very good job, been very supportive," Villanueva said. "They set aside their political differences and they both stepped up to the plate and said they're here to support the sheriff's department, and we support their efforts."Relatives of the injured deputies -- including the husband of the female deputy and the girlfriend and parents of the male deputy -- were at St. Francis Medical Center in Lynwood, where they're being treated.Villanueva on Monday again lashed out at protesters who showed up at the hospital Saturday night and shouted anti-law-enforcement chants, expressing hope that the deputies die. One witness told ABC7 some protesters tried to force their way into the emergency room while shouting "death to the police.""They were chanting that they wish the deputies died," Villanueva told KNX Monday. "And I don't even know how to be begin to describe that, other than repulsive, reprehensible."More video surfaced Monday showing some bystanders at the Metro station taking pictures or video of the wounded deputies after the shooting, and at least in one case, laughing while failing to offer any kind of aid.County Supervisor Kathryn Barger didn't mince words Monday about her disgust with the hospital protests. She suggested the shooting was the culmination of "anti-law-enforcement rhetoric expressed by many elected officials, community leaders and others," leading to the creation of a "toxic environment amid a time of civil unrest."The shooting came on the heels of a series of combative protests outside the sheriff's South Los Angeles station, with demonstrators condemning the Aug. 31 fatal shooting by two sheriff's deputies of 29-year-old Dijon Kizzee in the Westmont area. Those demonstrations led to more than three dozen arrests, with the protesters accusing deputies of using excessive force and Villanueva saying demonstrators triggered the violence by hurling objects at sheriff's deputies.Following the Saturday night shooting, county Supervisor Janice Hahn was among those pleading for calm in the community.Also in the aftermath of the shooting, Villanueva and the sheriff's department are taking criticism over the arrest of a KPCC/LAist reporter while deputies were working to quell the protest outside the hospital. Video from the scene showed deputies pinning reporter Jose Huang to the ground and arresting her.The sheriff's department claimed she didn't have proper media credentials and was "interfering with a lawful arrest." Villanueva later doubled down on that contention, saying Huang got "right up on the shoulder" of a deputy trying to make an arrest, and saying her actions were more "activism" than journalism.Video from Huang's cell phone has since surfaced, appearing to contradict the department's description of events. KPCC reported that the video shows Huang repeatedly identifying herself as a reporter, shouting "KPCC," and saying, "You're hurting me" and crying out in apparent pain.Inspector General Max Huntsman is opening an investigation into the incident. 6445
CORONADO, Calif. (KGTV) -- The owner of The Coronado Flower Lady, a popular flower stand along Orange Avenue, is trying to rebuild after a suspected drunk driver destroyed her business. Coronado police say 22-year-old Elias Atayee is being charged with felony DUI after crashing his car into the stand. They say Atayee also had a female passenger inside his car. RELATED: Driver slams into Coronado pole, picnic tables“The fact that there are people drinking and driving, going 90-100 miles per hour, I have my kids out here with me all the time at work," owner Shanel Albert said. "There are tons of kids out here and people. If one of my girls would have been here during the day and that happened, they would have been dead. And that scares me.” Thanks to the City of Coronado, Albert will be back selling her flowers on a table in the same spot until she can permanently rebuild her stand. A GoFundMe has been set up to help with costs and Albert says she hopes people will choose to place their orders through her since her business is still operational. 1104
Clear Creek at FM 2351...Creek is still rising...minor flooding ongoing #Houwx #hounews #txwx pic.twitter.com/qig6VbhSKk— Jeff Lindner (@JeffLindner1) September 22, 2020 177