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SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877

SAN CLEMEMTE, Calif. (KGTV) -- Video shows nearly a dozen people escaping onto a San Diego County beach in a smuggling attempt. The video was captured on October 25 by U.S. Customs and Border Protection. At midnight, agents reportedly spotted a suspicious panga-style vessel landing on a beach near San Mateo Point in San Clemente. RELATED: Panga boat washes ashore on San Diego beach, but no passengers foundVideo then shows 11 people getting off the boat, running toward a multi-million dollar beachfront home. Border Patrol agents were able to detain nine out of the 11 people. The agency says six of the individuals were Chinese nationals while three were Mexican nationals. All were in the U.S. illegally, CBP says. RELATED: Panga Boat found at Tamarack State Beach, Border Patrol investigatingThe captain of the boat faces federal human smuggling charges. 870

SALEM, Ore. – Oregon voted to legalize psilocybin mushrooms for therapeutic use on Tuesday.A psilocybin is a hallucinogenic chemical obtained from certain types of fresh and dried mushrooms, according to the Drug Enforcement Administration (DEA).With 81% of votes reported Wednesday morning, 55.8% of the electorate had voted to approve Oregon Measure 109, The Associated Press reports.While some states have decriminalized the so-called “magic mushrooms” or "shrooms," this measure makes Oregon the first state to legalize them.Under the measure, licensed service providers are permitted to administer psilocybin-producing mushroom and fungi products to those 21 years or older. The DEA says it’s often ingested orally, brewed as a tea or added to foods.The measure authorizes the Oregon Health Authority (OHA) to create a program to help these licensed providers to administer the products.The measure was backed by war veterans with PTSD, those with terminal illnesses and others who suffer from anxiety or depression, who claim psilocybin helps.Some opponents say science does not yet indicate that psilocybin is a safe medical treatment. 1150

SAN DIEGO — A San Diego police officer is blowing the whistle on a newly unveiled program that reports to reward officers for making more narcotics arrests.“It’s completely everything that we are against as law enforcement officers. It’s unethical,” he said. He spoke with Scripps station KGTV in San Diego on the condition of anonymity for fear of losing his badge.“It’s a reward system. A bounty system for officers seeking rewards for their arrests,” he tells us.KGTV was provided a copy of an internal email that was sent last week from a sergeant to more than 90 officers. It states that the program is strictly voluntary and that the program runs from March 1 (retroactive) to April 14.Accompanying the email is an attachment outlining the program details, including the point scale. 832

SAN BERNARDINO (KGTV) -- A man was seriously injured after falling 100 feet at Mount San Gorgonio Sunday afternoon.According to the San Bernardino Sheriff’s Department, 34-year-old Anthony Casteneda was hiking with friends near High Creek Trail when he lost his footing and fell approximately 100 feet.After the fall, Casteneda was unable to hike out of the area due to serious injuries he sustained during the fall. Deputies say Casteneda’s friends were able to call for help. The department had to use a rescue helicopter to hoist Casteneda from the heavily-forested ice-covered slope.In a release, deputies say Casteneda’s rescue was the second of the day Sunday. 684