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WASHINGTON — The Supreme Court is leaving in place a decision that rejected environmental groups’ challenge to sections of wall the Trump administration is building along the U.S. border with Mexico. The high court on Monday declined to hear an appeal involving the construction of 145 miles of steel-bollard walls along the border in Arizona, California, New Mexico and Texas. Environmental groups had challenged a federal law that allows the secretary of Homeland Security to waive any laws necessary to allow the quick construction of border fencing. Environmental groups argued that it violates the Constitution’s separation of powers. But a lower court dismissed the case. 685

WASHINGTON (AP) — Defense Secretary Mark Esper said Monday that President Donald Trump gave him a direct order to allow a Navy SEAL accused of war crimes to retire without losing his SEAL status.Esper told reporters at the Pentagon that Trump’s order was the reason he announced Sunday that Chief Petty Officer Edward Gallagher would be allowed to retire with his Trident Pin, retaining his status as a SEAL.Last week Trump had tweeted that he wanted Gallagher to be allowed to retire as a SEAL, but Esper’s comments Monday revealed that Trump had given the defense secretary a direct order to make this happen.Gallagher was acquitted of murder in the stabbing death of an Islamic State militant captive but convicted of posing with the corpse while in Iraq in 2017.In his remarks, Esper also made the extraordinary accusation that Navy Secretary Richard Spencer last week had secretly offered to the White House to rig the Navy disciplinary process to ensure that Gallagher not lose his Trident. He didn’t say how.RELATED COVERAGE:Trump says Navy won’t remove Gallagher’s SEAL’s designationPentagon chief fires Navy secretary over SEAL controversyNavy to initiate 'Trident Review' of Navy SEAL Edward GallagherChief Edward Gallagher review expected to proceed despite Trump's opposition“No. I asked, and I never got an answer,” Esper said.Esper fired Spencer on Sunday, saying he had lost trust in him. Spencer has not responded to requests for comment on Esper’s accusation. However, in a letter Sunday to Trump acknowledging his firing, Spencer gave a different version of his thinking.Spencer said he could not in good conscience follow an order that he believed would undermine the principle of good order and discipline in the military – suggesting that he had been -- or expected to be -- ordered to stop the peer-review process for Gallagher.Esper said he remains concerned, based on the Gallagher case and other trouble with battlefield behavior by the military, that soldiers, sailors, airmen and Marines are not properly and fully trained in ethical standards. He said he had ordered the Pentagon’s legal office to review how the military educates and trains service members on wartime ethics and the laws of armed conflict. The review also will look at how the services monitor, investigate and adjudicate adherence.In announcing Sunday that he had dismissed Spencer, Esper said he acted after learning of Spencer’s secret plan to guarantee the outcome of the Navy SEAL peer-review board that was scheduled to convene Dec. 2 with the goal of recommending whether Gallagher should be allowed to retain his Trident.Spencer had “proposed a deal whereby if the president allowed the Navy to handle the case, he would guarantee that Eddie Gallagher would be restored to rank, allowed to retain his Trident and permitted to retire,” Esper said.This was “completely contrary” to what Esper and the rest of the Pentagon leadership had agreed to, he said, and contrary to Spencer’s public position that the Navy disciplinary process should be allowed to play out with no interference.Esper said he had previously advocated for allowing the Navy peer-review board go forward Dec. 2. But when Trump gave him a “verbal instruction” Sunday to stop the process, he did so.“The commander in chief has certain constitutional rights and powers which he is free to exercise, as many presidents have done in the past,” Esper said. “Again, these are constitutional powers.”Esper did not say explicitly that he disagreed with Trump’s order.Once Trump gave the order, Esper said he responded, “Roger. I got it.”“I can control what I can control,” he told reporters. The president, he said, “has every right” to issue such an order.Esper said he had been “flabbergasted” when he learned at the White House on Friday that Spencer had gone behind his back to propose a secret deal.The White House did not immediately respond to a request for comment.Esper said that when he called the Navy secretary, “he was completely forthright in admitting what had been going on.”The next day, Saturday, Esper called Trump to tell him that he intended to fire Spencer and Trump supported the decision.On Sunday afternoon Esper called Spencer and told him he was being fired. Spencer “took it in stride” and said he would have a resignation letter to him within 30 minutes – “and he did.”In that letter, Spencer made no mention of what Esper called Spencer’s secret deal with the White House.Esper said it was best, under the extraordinary circumstances set in motion last week, that the Gallagher review board not proceed as planned. He said he believes in the military justice system, but in this case it had become untenable.“As professional as they are,” he said of the board members, “no matter what they would decide, they would be criticized from many sides, which would further drag this issue on, dividing the institution. I want the SEALs and the Navy to move beyond this now, fully 4975

VISTA (CNS) - A Carlsbad man who molested several young girls his girlfriend babysat was convicted of 35 felonies Friday, including kidnapping, sexual assault, burglary and conspiracy.Jurors deliberated for just two hours before finding Samuel Cabrera Jr., 25, guilty of molesting four young girls between 2014 and 2016 and videotaping his assaults. He faces life imprisonment when he is sentenced Jan. 7.His girlfriend, Brittney Mae Lyon, 26, also faces life imprisonment on the same charges for allegedly molesting the girls and videotaping Cabrera doing so, but will be tried separately. Her trial date is set for later this month.RELATED: Accused child molester was a San Marcos teacher's aideThe pair -- arrested in July 2016 -- allegedly molested the girls on various occasions in the victims' homes, in her home and in his.Investigators found video recordings of the crimes on hard drives inside Cabrera's car, according to trial testimony.The victims' mothers testified that they hired Lyon to babysit their daughters after finding her on childcare websites.One of those mothers testified that her daughter is on the autism spectrum and was nonverbal at the time of the molestations, when she was 6 and 7 years old. Lyon would babysit the girl at the victim's house during the week, even while her older brothers were home.On occasional weekends, however, Lyon would take the girl on her own for excursions she was not paid for and were unrelated to babysitting. Lyon allegedly told the mother that these outings would help her with a research paper she was writing as part of her degree, which she allegedly claimed was related to child development.The mother testified she was aware Lyon had a boyfriend, but had never met him and never consented to have him participate in any activities with her daughter.Another mother testified she hired Lyon to babysit her 3-and-a-half- year-old daughter on two occasions. After the second occasion, the girl informed her mother that Lyon had brought her boyfriend over to the house, and that the defendants had changed her underwear, she testified.Lyon said that she alone had changed the girl's underwear because it was torn, and that her boyfriend had only come over to bring her cold medicine. A subsequent doctor's examination did not reveal anything untoward, but the mother said she later read a news article detailing the couple's arrests and contacted police.Cabrera and Lyon were initially only charged on the basis of two of the victims. After police publicly disseminated information regarding their arrests, charges were added regarding the two other girls. 2627

WASHINGTON (AP) — An inmate at a federal jail in New York City has tested positive for coronavirus, marking the first confirmed case in the federal prison system. The federal Bureau of Prisons says the man is housed at the Metropolitan Detention Center in Brooklyn and complained of chest pains on Thursday, a few days after he arrived at the facility. Officials say he was taken to a local hospital and was tested for COVID-19. The inmate was discharged from the hospital on Friday and returned to the jail, where he was immediately placed in isolation. The Bureau of Prisons learned Saturday he had tested positive for COVID-19. 638

WASHINGTON (AP) — In President Donald Trump's former life as a casino owner, he might have cheered Monday's ruling from the Supreme Court that struck down a federal law that barred every state but Nevada from allowing betting on most sporting events.But the Trump administration opposed the outcome reached by the high court at least in part because it could signal trouble in its legal fight against so-called sanctuary states and cities. Seven of the nine justices — five conservatives and two liberals — backed a robust reading of the Constitution's 10th Amendment and a limit on the federal government's power to force the states go along with Washington's wishes.The federal anti-gambling law is unconstitutional because "it unequivocally dictates what a state legislature may and may not do," Justice Samuel Alito wrote in his majority opinion. "It's as if federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals."RELATED: San Diego County Board of Supervisors votes to support sanctuary state lawsuit against CaliforniaThere is a direct link between the court's decision in the sports betting case and the administration's effort to punish local governments that resist Trump's immigration enforcement policies, several legal commentators said."The court ruled definitively that the federal government can't force states to enforce federal law. In the immigration context, this means it can't require state or local officials to cooperate with federal immigration authorities," said Ilya Shapiro, a senior fellow in constitutional studies at the libertarian Cato Institute.Omar Jadwat, director of the ACLU's immigrants' rights project, said the ruling reinforced decisions from the 1990s, including one that struck down part of a federal gun control law that required local police to determine if buyers were fit to own handguns.RELATED: Escondido?City Council votes to support sanctuary policy lawsuit"It reiterates that the real thrust of the 10th Amendment and the principles of law in this area is that the fed government can't tell the states or cities how to legislate," Jadwat said. The amendment says that powers not specifically given to the federal government belong to the states.The gun law decision split the court's conservatives and liberals in 1997, in keeping with conservatives' complaints about the federal government's overreach and the importance of states' rights. But on Monday, Justices Stephen Breyer and Elena Kagan joined their more conservative colleagues.The Justice Department declined to comment on the decision, but it had called on the court to uphold the federal law at issue — the department's usual practice when federal laws are challenged — by arguing that there was no constitutional violation.RELATED: San Diego church becomes 'sanctuary congregation' amid immigration debateIn the most recent ruling about sanctuary cities, the federal appeals court in Chicago held last month that the federal government cannot withhold public safety grants from cities that won't go along with Trump's immigration enforcement policies.In lawsuits challenging the administration, cities argue that turning local police authorities into immigration officers erodes trust with minority communities and discourages residents from reporting crime. The administration says sanctuary jurisdictions allow dangerous criminals back on the street.The administration's efforts to crack down on places that don't comply with immigration authorities have taken several forms. Trump issued an executive order aimed at withholding federal money from recalcitrant jurisdictions. The administration also has sued California over three laws aimed at protecting immigrants in the country illegally. 3834