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A growing group of Republicans want Attorney General Jeff Sessions to be the party's choice in the Alabama Senate race, but ethics experts say Sessions either would have to have to leave the Department of Justice or continually disavow campaigns to put him in the seat if he wants to run for the office and avoid legal trouble.This week Senate Majority Leader Mitch McConnell of Kentucky and Senate Majority Whip John Cornyn of Texas both said they would support Sessions as a write-in candidate over Republican candidate Roy Moore, who has been accused of pursuing sexual relationships with teenagers when he was in his 30s.Moore denies the allegations, and says he has no plans leave the race. And Sessions has not indicated that he's planning to run for his old seat.But ethics experts say that even if Sessions does not himself campaign to be a write-in candidate in the race, he could have an "affirmative duty" to disavow campaigns to put him in the Senate while he's still the attorney general. If he remains silent, he could be in violation of the Hatch Act, a 1939 law restricting the ability of most federal employees to engage in political campaign activities.Walter Shaub, a former director of the US Office of Government Ethics who's now at the nonprofit Campaign Legal Center, told CNN that the federal Office of Special Counsel has issued an advisory opinion on write-in candidates, which specifies:"(S)uch a candidacy is permissible only if spontaneous and accomplished without an employee's knowledge. You acknowledge that you have heard rumors of a write-in effort to elect you to the school board. It would be a violation of the Act if you encouraged this effort or remained silent. The Act imposes on you an affirmative duty to disavow this effort through public announcements and other appropriate means." It remains to be seen whether the OSC considers the comments by McConnell and Cornyn as imposing an "affirmative duty.""There's a question as to whether it's a write-in campaign or a stray comment from one guy," Shaub said following McConnell's comments. "If McConnell keeps talking about it, he's going to create an affirmative duty."Larry Noble, a senior director at the Campaign Legal Center who's a CNN contributor, said Republicans such as McConnell are "putting (Sessions) in a very difficult position" by even suggesting he be a write-in candidate."We are close to the line of his having to disavow," Noble added.For Sessions to be eligible as a write-in candidate, Noble said, he would have to "affirmatively disavow" any campaign or resign from office to avoid violating the Hatch Act.Sessions would likely be asked about his support for the write-in candidacy frequently until the December 12 election. Questions could also be raised about whether he was having private conversations about the effort with the state party and the Republican National Committee, which also would violate the Hatch Act.In response to a request for comment, Sarah Isgur Flores, director of public affairs for the Department of Justice, said, "Our ethics officials will need to evaluate precisely what has been said by others and then review what, if any, affirmative obligations we may have."Samuel Bagenstos, a University of Michigan Law School professor who specializes in constitutional litigation, noted that a few previous attorneys general -- including Dick Thornburgh and Robert Kennedy -- have campaigned for Senate seats, but neither were floated as write-in candidates."It's extremely suboptimal for an attorney general, who is supposed to have some insulation from electoral politics, to be actively running for a political office," Bagenstos said, adding, "And of course there would be lots of possible recusal questions."Aside from ethical considerations, running as a write-in candidate would be a long shot even if Sessions resigned.Few candidates have won Senate seats via write-in campaigns. Sen. Lisa Murkowski, R-Alaska, won her seat that way in 2010, but prior to her election the last person to do it was Strom Thurmond in 1954.However unlikely, a Sessions victory would serve two purposes for the GOP: The party would retain the seat, and Sessions would leave the DOJ after months of public criticism by President Donald Trump over his decision to recuse himself from the Russia investigation and not to prosecute Trump's political enemies. 4412
A federal judge has dismissed adult film star Stormy Daniels' defamation lawsuit against President Donald Trump.Daniels sued Trump after he said Daniels' story of a man threatening her not to come forward with her story of her alleged affair with Trump was "a total con job."Daniels argued Trump's tweet "attacks the veracity of her account" of the incident and that Trump's statement was "false and defamatory, and that the tweet was defamation ... because it charged her with committing a serious crime," District Judge S. James Otero wrote in his opinion Monday.Trump had asked Otero to dismiss the lawsuit."The Court agrees with Mr. Trump's argument because the tweet in question constitutes 'rhetorical hyperbole' normally associated with politics and public discourse in the United States. The First Amendment protects this type of rhetorical statement," Otero wrote.Daniels says she and Trump had an affair in 2006, shortly after he married first lady Melania Trump and she gave birth to their son, Barron. Trump has denied the affair.In addition, Trump is entitled to attorney's fees, Otero said.Trump's attorney Charles J. Harder said in a statement to CNN, "No amount of spin or commentary by Stormy Daniels or her lawyer, Mr. Avenatti, can truthfully characterize today's ruling in any way other than total victory for President Trump and total defeat for Stormy Daniels.""The amount of the award for President Trump's attorneys' fees will be determined at a later date," Harder added.Daniels' attorney, Michael Avenatti, responded to the ruling on Twitter and said: "Daniels' other claims against Trump and Cohen proceed unaffected. Trump's contrary claims are as deceptive as his claims about the inauguration attendance.""We will appeal the dismissal of the defamation cause of action and are confident in a reversal," Avenatti continued. 1860
A crew member of Fly Jamaica Airways has been arrested for attempting to smuggle cocaine into the United States, according to a statement by the US Customs and Border Protection.The drugs were discovered after the man was escorted into a private search room at JFK International Airport in New York on March 17, the statement said. His flight had arrived from Montego Bay, Jamaica.Federal agents said they discovered four packages taped to his legs. Nine pounds of cocaine was seized, with a reported street value of 0,000.Photos released by the CBP show the suspect, in his airline uniform, with pants pulled down and white tape around his thighs and ankle.The suspect has been charged with federal narcotics smuggling and will be prosecuted by the US Attorney's Office. 788
A decision by McDonald’s to change the way it subsidizes franchisees could lead to an increase in the price of a Happy Meal.The fast food chain is reportedly getting rid of a decades-old deal with franchise owners that helps cover the cost of those Happy Meal toys.Starting in 2021, McDonald’s will stop sending the roughly 0 monthly contribution, called the “Happy Meal rent and service fee,” to it’s U.S. restaurants, according to an internal message."We recognize this subsidy has been in place for many years," reads the memo viewed by Business Insider. "However, it is no longer fueling growth in the way it once was."Franchisees will be able to increase the price of a Happy Meal by 20 cents to offset the difference. McDonald’s doesn’t set menu item prices, and lets franchisees decide depending on location.Franchisees are reportedly not happy about the subsidy being eliminated, and other new fees that will start next year."COVID is surging, and they're worried about taking our Happy Meal subsidy?" a franchisee told Business Insider. "It's not something that families in America want. They want a value-priced Happy Meal."McDonald’s told CNN they are finding ways to provide other subsidies.McDonald’s only owns about 5% of their restaurant locations in the U.S., the other 95% are owned and operated by independent franchisees. 1351
A female bottlenose dolphin died Tuesday at Dolphinaris Arizona, according to facility staffers.Alia, a 10-year-old bottlenose dolphin, "had displayed some unusual behaviors in the last few days" and "was being monitored," Jen Smith, a spokesperson for the attraction said in a written statement.She is the second dolphin to die at the facility in less than a year.In September, Bodie, a male bottlenose dolphin, died at the facility from a "rare muscle disease," the facility said at the time.An exact cause for Alia's death was not immediately known, Smith said. The facility will conduct a necropsy, an autopsy for animals, to try and determine her cause of death.She said Alia was with her caretakers and the other dolphins when she died."Alia will be greatly missed. She was a lively and loving part of the Dolphinaris family," a statement said.Dolpinaris?Arizona opened in October 2016 at the Odysea in the Desert complex near Loop 101 and Via de Ventura. It is part of the Salt River Pima-Maricopa Indian Community.At Dolphinaris, people pay for different interactive experiences with the dolphins both in the water and out of the water. They currently have six dolphins at the facility. 1202