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Walmart is suing the U.S. government in a pre-emptive strike in the battle over its responsibility in the opioid abuse crisis.The government is expected to take civil action against the world’s largest retailer, seeking big financial penalties, for the role its pharmacies may have played in the crisis by filling opioid prescriptions.But on Thursday, Walmart filed a lawsuit saying that the Justice Department and the Drug Enforcement Administration are blaming the company for the government’s own lack of regulatory and enforcement policies to stem the crisis.Walmart says it is seeking a declaration from a federal judge that the government has no lawful basis for seeking civil damages from the company. It is also seeking to clarify its legal rights and duties under the Controlled Substance Act.Walmart operates more than 5,000 pharmacies in its stores around the country.“Walmart and its pharmacists find themselves in an untenable position,” the company based in Bentonville, Arkansas, says in the lawsuit filed in the U.S. District Court in the Eastern District of Texas. “Under defendants’ sweeping view, Walmart and its pharmacists may be held liable — perhaps even criminally — for failing to second-guess DEA-registered doctors and refuse their prescriptions. But if pharmacists do so, they may face the wrath of state medical boards, the medical community at large, individual doctors, and patients.”Walmart says in the suit that the Justice Department identified hundreds of doctors who have written problematic prescriptions that Walmart’s pharmacists allegedly should not have filled. But nearly 70% continue to have active registrations with the DEA, the lawsuit says.“In other words, defendants want to blame Walmart for continuing to fill purportedly bad prescriptions written by doctors that DEA and state regulators enabled to write those prescriptions in the first place and continue to stand by today,” the suit says.The lawsuit names the Justice Department and Attorney General William Barr as defendants. It also names the DEA and its acting administrator, Timothy Shea.In the suit, Walmart describes a government probe of the company that began in December 2016 and calls it a “misguided criminal investigation” conducted by the U.S. Attorney’s office for the Eastern District of Texas. Walmart says it fully cooperated with the probe.In the spring of 2018, the office advised that it intended to indict the company. In August 2018, Walmart said that officials at the Department of Justice recognized that there was no plausible basis for a criminal indictment, and the department formally declined to prosecute Walmart. But the civil investigation continued.The initial investigation was a subject of a story in ProPublica published in March. ProPublica reported that Joe Brown, then U.S. attorney for the Eastern District of Texas office, spent years pursuing a criminal case against Walmart for its opioid prescription practices, only to have it stymied after the retail giant’s lawyers appealed to senior officials in the Justice Department.Two months later, Brown resigned. He didn’t give a reason for his departure except to say he would be “pursuing opportunities in the private and public sectors” and “some of those will become apparent in the coming days. Brown went into private practice in the Dallas areaA spokeswoman for the U.S. attorney’s office in Texas that handled the investigation referred questions to the Justice Department in Washington. The Justice Department declined to comment. 3541
WASHINGTON (AP) — A federal judge on Thursday halted a deportation in progress and threatened to hold Attorney General Jeff Sessions in contempt if the mother and daughter weren't returned to the U.S.U.S. District Judge Emmet G. Sullivan of Washington learned in court that the two plaintiffs in a lawsuit before him were being removed from the United States and confirmed later that they were on a plane headed to Central America. He said any delay in bringing them back would be intolerable.If they fail to comply, the judge said, Sessions, Homeland Security Secretary Kirstjen Nielsen and other senior Homeland Security officials would have to convince him not to hold them in contempt of court.The Department of Homeland Security was bringing the pair back to the United States on Thursday after the plane landed in El Salvador. The mother and daughter did not disembark in the Central American country."This is pretty outrageous," Sullivan said in court, according to The Washington Post. "That someone seeking justice in U.S. court is spirited away while her attorneys are arguing for justice for her?""I'm not happy about this at all," the judge said, according to the Post. "This is not acceptable."The woman — identified in court as Carmen — is a plaintiff in a lawsuit filed this week against the administration by the American Civil Liberties Union over efforts to prevent immigrants from seeking asylum because of domestic and gang violence in their home countries. The lawsuit asks the judge to invalidate Sessions' June 11 decision to restrict the kinds of cases that qualify for asylum.The judge imposed a halt Thursday on deporting Carmen, her daughter and six other plaintiffs. The Justice Department declined to comment on the judge's threat of contempt. 1780

Video from a surveillance camera at Sonic Drive-In of Galliano, Louisiana shows the moment a tornado hit the restaurant and caused extensive damage.The tornado, which touched down mid-morning Sunday, also caused damage to at least 12 homes near South Lafourche High School, according to the Lafourche Parish Sheriff's Office.The sheriff's office says no one was injured. There are power outages in some areas because of downed power lines. 447
WASHINGTON (AP) — Democratic and Republican congressional leaders are expected to attend a briefing on border security at the White House as the government remains partially shut down and President Donald Trump asks in a tweet, "Let's make a deal?"The partial government shutdown began on Dec. 22. Funding for Trump's pet project, a wall along the U.S.-Mexico border, has been the sticking point in passing budgets for several government departments.The briefing is scheduled for 3 p.m. EST Wednesday, the day before Democrats are to assume control of the House and end the Republican monopoly on government.The exact agenda, however, was not immediately clear, according to a person with knowledge of the briefing who was not authorized to speak publicly about the issue and spoke to The Associated Press on condition of anonymity.Senate Majority Leader Mitch McConnell and the top incoming House Republicans — Kevin McCarthy of California and Steve Scalise of Louisiana — planned to attend, according to aides. The departing House speaker, Paul Ryan, was not expected.House Democratic leader Nancy Pelosi, who is expected to become speaker on Thursday, and Senate Minority Leader Chuck Schumer planned to attend. Pelosi said Tuesday that Democrats would take action to "end the Trump Shutdown" by passing legislation Thursday to reopen government."We are giving the Republicans the opportunity to take yes for an answer," she wrote in a letter to colleagues. "Senate Republicans have already supported this legislation, and if they reject it now, they will be fully complicit in chaos and destruction of the President's third shutdown of his term."The White House invitation came Tuesday after House Democrats released their plan to re-open the government without approving money for a border wall — unveiling two bills to fund shuttered government agencies and put hundreds of thousands of federal workers back on the job. They planned to pass them as soon as the new Congress convenes Thursday.Responding to the Democratic plan, White House press secretary Sarah Huckabee Sanders late Tuesday night called it a "non-starter" and said it won't re-open the government "because it fails to secure the border and puts the needs of other countries above the needs of our own citizens."Trump spent the weekend saying Democrats should return to Washington to negotiate, firing off Twitter taunts. After aides suggested there would not necessarily be a traditional wall as Trump had described since his presidential campaign, Trump stated that he really still wanted to build a border wall.On Tuesday morning, after tweeting a New Year's message to "EVERYONE INCLUDING THE HATERS AND THE FAKE NEWS MEDIA," Trump tweeted: "The Democrats, much as I suspected, have allocated no money for a new Wall. So imaginative! The problem is, without a Wall there can be no real Border Security."But he seemed to shift tactics later in the day, appealing to Pelosi. "Border Security and the Wall 'thing' and Shutdown is not where Nancy Pelosi wanted to start her tenure as Speaker! Let's make a deal?" he tweeted.Whether the Republican-led Senate would consider the Democratic bills — or if Trump would sign either into law — was unclear. McConnell spokesman Donald Stewart said Senate Republicans would not take action without Trump's backing."It's simple: The Senate is not going to send something to the president that he won't sign," Stewart said.Even if only symbolic, the passage of the bills in the House would put fresh pressure on the president. At the same time, administration officials said Trump was in no rush for a resolution to the impasse.Trump believes he has public opinion on his side and, at very least, his base of supporters behind him, the officials said, speaking on the condition of anonymity because they were not authorized to speak publicly.The Democratic package to end the shutdown would include one bill to temporarily fund the Department of Homeland Security at current levels — with .3 billion for border security, far less than the billion Trump has said he wants for the wall — through Feb. 8 as talks continued.It would also include another measure to fund the departments of Agriculture, Interior, Housing and Urban Development and others closed by the partial shutdown. It would provide money through the remainder of the fiscal year, to Sept. 30.___Associated Press writer Kevin Freking contributed to this report. 4450
WASHINGTON (AP) — For decades, there were tales from fishermen and tourists, even lots of photos, of a mysterious killer whale that just didn't look like all the others, but scientists had never seen one.Now they have.An international team of researchers says they found a couple dozen of these distinctly different orcas roaming in the oceans off southern Chile in January. Scientists are waiting for DNA tests from a tissue sample but think it may be a distinct species.The National Oceanic and Atmospheric Administration felt confident enough to trumpet the discovery of the long rumored killer whale on Thursday. Some outside experts were more cautious, acknowledging the whales are different, but saying they'd wait for the test results to answer the species question."This is the most different looking killer whale I've ever seen," said Robert Pitman, a NOAA marine ecologist in San Diego. He was part of the team that spotted the orcas off Cape Horn at the tip of South America.How different? The whale's signature large white eye patch is tiny on these new guys, barely noticeable. Their heads are a bit more rounded and less sleek than normal killer whales and their dorsal fins are narrower and pointed.They likely mostly eat fish, not marine mammals like seals, as other killer whales do, Pitman said. Fishermen have complained about how good they are at poaching off fishing lines, snatching 200-pound fish away.Pitman said they are so different they probably can't breed with other killer whales and are likely a new species. At 20 to 25 feet long (6 to 7.5 meters), they are slightly smaller than most killer whales. In the Southern Hemisphere, killer whales are considered all one species, classified in types A through C. This one is called type D or subantarctic killer whales.Michael McGowen, marine mammal curator at the Smithsonian, said calling it a new species without genetic data may be premature. Still, he said, "I think it's pretty remarkable that there are still many things out there in the ocean like a huge killer whale that we don't know about."Scientists have heard about these distinctive whales ever since a mass stranding in New Zealand in 1955. Scientists initially thought it could be one family of killer whales that had a specific mutation, but the January discovery and all the photos in between point to a different type, Pitman said.He said they are hard to find because they live far south and away from shore, unlike most killer whales."The type D killer whale lives in the most inhospitable waters on the planet. It's a good place to hide."Pitman got interested in this mysterious killer whale when he was shown a photograph in 2005. When he and others decided to go find them, they followed the advice and directions of South American fishermen, who had seen the whales poaching their fish.After weeks of waiting, about 25 of the whales came up to the scientist's boat, looking like they expected to be fed. Equipment problems prevented the scientists from recording enough of the whale songs, but they used a crossbow to get a tissue sample. Pitman said the whales are so big and their skin so tough that it didn't hurt them, saying the arrow "is like a soda straw bouncing off a truck tire."Pitman said he'll never forget Jan. 21 when he finally saw his first and then a bunch of the type D orcas."For 14 years I was looking for these guys. I finally got to see them," Pitman said.He acknowledged that he did sound like the revenge-seeking captain in the classic novel "Moby-Dick.""I guess I know how Ahab felt, but for a good reason," Pitman said. 3606
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