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WASHINGTON (AP) — President Donald Trump and Homeland Security chief Kirstjen Nielsen never quite clicked personally as the president chafed at her explanations of complicated immigration issues and her inability to bring about massive changes at the U.S.-Mexico border.With Nielsen's departure now considered inevitable, her eventual replacement will find there's no getting around the immigration laws and court challenges that have thwarted the president's hard-line agenda at every turn — even if there's better personal chemistry.The list of potential replacements for Nielsen includes a career lawman, two military officers and former acting U.S. Immigration and Customs Enforcement head Thomas Homan — a tough-talker who echoes Trump's border rhetoric."A good DHS person ought to be able to scare America" about heroin coming over the border and illegal crossings, former Trump campaign adviser Barry Bennett said. "But, the system is so against you legally and structurally."Trump soured on Nielsen in part over frustrations that she has not been able to do more to address what he has called a "crisis" at the U.S.-Mexico border. Trump has seized on statistics about illegal border crossings that have grown on her watch after reaching a record low early in his term. More than 50,000 people were detained at the southwest border in October — the highest monthly total since 2014 and up dramatically from 11,000 in April 2017."It's a tough job. You're someone who has to get good numbers on border crossing. He's always looking for that and it's tough," Bennett said.But illegal border crossings could also be tied to the seasons — some experts argue that more migrants make the dangerous journey through the desert when it's not as hot. And Nielsen has largely carried out the president's wishes, including pushing for funding for his border wall and defending the administration's now-abandoned practice of separating children from parents. She also moved to abandon long-standing regulations that dictate how long children are allowed to be held in immigration detention, and was working to find space to detain all families who cross the border. She limited what public benefits migrants can receive, and last week put regulations in place that circumvent immigration law to deny asylum to anyone caught crossing the border illegally. Nearly everything has been challenged or watered down by the courts."I don't think they're going to get the magic person," said Andrew Selee, president of the Migration Policy Institute, a nonpartisan think tank that studies migration issues. "Nielsen had been fairly hard-line implementing what Trump wants, but she's not willing to skirt around the law to do it."And it's not just about policy.Trump has also told allies that he never fully trusted Nielsen, whom he associated with President George W. Bush, a longtime foe. And he has told those close to him that he feels, at times, that she has stronger loyalty to her mentor — chief of staff John Kelly — than to the president. On occasions when she has tried to explain the complicated legal challenges associated with instituting some of his policies, Trump has exploded, belittling her in front of colleagues and blaming her for not being able to skirt the law.Trump had been expected to dismiss Nielsen as soon as Tuesday as part of a post-midterm elections shakeup that is likely to include a slew of other departures.But her departure has been postponed for now in part because there was no obvious successor, according to two people familiar with the discussions who were not authorized to speak publicly and spoke on condition of anonymity. She has no deputy secretary, and the next in line would be Claire Grady, the undersecretary of homeland security for management.Trump said in an interview with The Daily Caller on Wednesday that he'd make a decision on homeland security "shortly."Potential candidates include U.S. Customs and Border Protection Commissioner Kevin McAleenan, and two military officers — Transportation Security Administration head David Pekoske, formerly of the Coast Guard, and Maj. Gen. Vincent Coglianese, who runs the Marine Corps Installations Command, according to people familiar with the discussions.A Customs official didn't return a call seeking comment. A spokesman for Coglianese said he had not been approached by anyone regarding a position with DHS and was focused on his current job.Pekoske said at an unrelated news conference that Nielsen was a strong leader."I have an outstanding relationship with Secretary Nielsen," he said.Homan is regarded as a top pick, according to people familiar with the discussions. He was nominated by Trump to lead Immigration and Customs Enforcement, but stepped down before he was confirmed, and it's not clear if his nomination would pass the Senate or if he'd even be up for the job. He left in part because he wanted to spend more time with his family."I won't speculate what the president will do," he said on Fox News, but praised Nielsen as a "strong secretary" and said she was succeeding in a difficult job."It's a 24/7/365 job," Homan said. "Fifty percent of America hates you 100 percent of the time, you can't win on this topic because it is so divisive." 5264

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

VISTA, Calif. (KGTV) — A group of teachers with the Vista Unified School District rallied Thursday against the district's current reopening plan.The district's Board of Education voted late Thursday to finalize a plan to bring students and teachers back to in-person learning on Oct. 20. The group of teachers say there's now a chance they hold a vote over whether to vote of no confidence in the district's superintendent on Monday."We now face a rush to open without the protocols in place to ensure the health and safety of all stakeholders. School board members’ openly dismissive behavior toward educators and their safety concerns is hurtful and disappointing to every committed educator who calls VUSD their professional home," said Keri Avila, president of the Vista Teachers Association. "We are extremely disappointed in the lack of concern expressed at last night’s board meeting for the health and safety of students, teachers, and staff. We have scheduled and emergency executive board meeting to determine next steps."The board heard from parents and teachers on both sides. Some said they are for the full reopening, while others said bringing students back at normal capacity is too risky.Many teachers have expressed concerns that the plan just isn't safe enough during a pandemic."I think it's reckless, I think it's misguided," said Craig Parrot, an eighth-grade science teacher at Roosevelt Middle School. "There are entire schools in our district that don't have windows that open, kids are coming in without temperature checks."Parents that want to keep their students in virtual distance learning may do so.While many school districts have limited the number of students returning in-person, Vista Unified's website states, "It is important to note that while many health and safety precautions are in place for the Vista Classic learning model, all classrooms will have the normal amount of students enrolled. This means that while we will be following social distancing procedures, student seating arrangements will be less than six feet apart."Parrott said he was able to continue with distance learning because a colleague who teaches the same subject will return in-person. "The kids are too close, we have desks that are 6 inches or 12 inches apart," said Parrott.The Vista Teachers Association (VTA) sent ABC 10News pictures showing what they call a lack of spacing in between desks in some classrooms.Members of the VTA worry about the spread of COVID-19 as teachers and students return to school. Avila started a petition demanding that the Vista Unified Board of Education Trustees modify the reopening plans."We want our district to mitigate the 'Four C's', that is close, closed, crowded and continuous," said Avila. "They're going to be in crowded conditions especially if we have 38 kids in a room at one time."The district's Superintendent of Schools, Dr. Matt Doyle, sent the following statement to ABC 10News. 2958

WASHINGTON — President-elect Joe Biden's next pick for his cabinet could be the most consequential amid the COVID-19 pandemic — director of Health and Human Services. It's hard to imagine a more consequential pick. Biden is expected to announce his choice to head the Department of Health and Human Services next week.Rhode Island Democratic Gov. Gina Raimondo has emerged as a focus of attention for the job. Although Raimondo has been aggressive in confronting the virus, her state is facing a dangerous surge and struggling to flatten the curve.Businessman Jeff Zients is widely seen as the leading contender for a White House post coordinating the government's overall virus response.The Associated Press reports that one popular pick to lead the department has already turned down another job in the Biden administration — New Mexico Democratic Gov. Michelle Lujan Grisham has already declined to serve as interior secretary, according to a person close to the Biden transition team.The AP reports that Vivek Murthy, currently serving as co-chair of Biden's coronavirus task force, could be in the running as Surgeon General.Biden will also reportedly appoint a top-level White House adviser to coordinate the government's response to the virus. Whoever is nominated to the position would likely take the reigns in delivering vaccines that had been developed under the Trump administration — a massive undertaking as hundreds of millions of Americans awaiting inoculation. 1485

WASHINGTON (AP) — President Donald Trump has announced he is adding 20 names to the list of Supreme Court candidates that he's pledged to choose from if he has future vacancies to fill. 194

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