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The Justice Department responded to CNN's lawsuit over the revocation of Jim Acosta's press pass on Wednesday, saying in a court filing that the White House rejects the idea that it can't pick and choose which journalists can be given a permanent pass to cover it."The President and White House possess the same broad discretion to regulate access to the White House for journalists (and other members of the public) that they possess to select which journalists receive interviews, or which journalists they acknowledge at press conferences," lawyers say in the filing.Both CNN and Acosta are plaintiffs. The suit alleges that their First and Fifth Amendment rights are being violated by the ban.Judge Timothy J. Kelly, a Trump appointee, has scheduled a hearing for Wednesday at 3:30 p.m.CNN and Acosta are asking Kelly for a temporary restraining order and a preliminary injunction that would restore his access right away.Lawyers for CNN and Acosta are arguing that time is of the essence because his rights are violated every day his pass is suspended.They are also seeking a declaration that Trump's action was "unconstitutional, in violation of the First Amendment and the Due Process Clause of the Fifth Amendment." This could protect other reporters against similar actions in the future."This is a very, very important case," Ted Olson said. Olson, a Republican heavyweight who successfully argued for George W. Bush in Bush v. Gore, is representing CNN along with another prominent outside attorney, Theodore Boutrous, and the network's chief counsel, David Vigilante.Olson said Tuesday that it was Acosta whose press pass was suspended this time, but "this could happen to any journalist by any politician."He spoke forcefully against Trump's action. "The White House cannot get away with this," he said in an interview with CNN anchor Brooke Baldwin.CNN's lawyers say the case hinges on Acosta and CNN's First Amendment rights; the shifting rationales behind the ban; and the administration's failure to follow the federal regulations that pertain to press passes, an alleged violation of Fifth Amendment rights.Tuesday's lawsuit rejected the White House's claim that Acosta acted inappropriately at a press conference last week. The suit says this is really about Trump's dislike of Acosta.The "reasonable inference from defendants' conduct is that they have revoked Acosta's credentials as a form of content- and viewpoint-based discrimination and in retaliation for plaintiffs' exercise of protected First Amendment activity," CNN's lawsuit alleges.Many media law experts, unaffiliated with CNN, believe the network has a very strong case.Judge Andrew Napolitano, the top legal analyst on Trump's favorite network, Fox News, said the same thing on Tuesday. "I think this will be resolved quickly," he said, adding "I think it will either be settled or CNN will prevail on motion."If there is no settlement, CNN is requesting a jury trial.In an interview with Wolf Blitzer, Boutrous said the government officials are being sued in their "official capacity," but "there is a possibility of damages claims," which would mean suing them personally.Blitzer pointed out that the officials would have to "go out and hire their own attorneys."It is incredibly rare to see a news organization suing a president.Fox News supports CNN in lawsuit against White House, network's president saysFred Ryan, the publisher and CEO of the Washington Post, expressed his support for the action Tuesday night. "We support CNN in its effort to restore the press credentials of its White House reporter," Ryan said. "It is a journalist's role to ask hard questions, hold the powerful to account and provide readers with as much information as possible."The White House Correspondents' Association is also standing behind CNN. The group said Tuesday that the president "should not be in the business of arbitrarily picking the men and women who cover him." 3956

The National Hurricane Center said it is currently monitoring three storms that could potentially develop into tropical cyclones in the coming days, adding more anxiety to what has already been an extremely active hurricane season.One of the systems, located just off the North Carolina coast, became the 15th tropical depression of the Atlantic hurricane season Monday afternoon. The depression is expected to form into a tropical storm in the coming days, and pass to the north of Bermuda. The potential tropical storm is not expected to affect the United States mainland. The National Weather Service defines a tropical depression as a low-pressure system that is being fueled by warm, tropical water and is rotating around a "well-defined" center. Once these storms have sustained winds of at least 39 mph, they become a "named" tropical storm."Nana" is the name that will be given to the next tropical storm, followed by "Omar" and "Paulette." There have been 13 named storms so far this hurricane season. At this time last year, there had only been five named storms.A second system is brewing in the Caribbean sea. The system has a 70% chance of development in the next 48 hours, and could impact Jamaica,Honduras, Belize, Guatemala and the Yucatan later in the week.A third system emerging off the coast of Africa is not expected to develop in the next 48 hours, but has a 30% chance of becoming a tropical depression or storm later in the week.The developments come just days after Hurricane Laura made landfall in Louisiana, a storm that killed 14 people and caused extensive damage near Lake Charles and other towns in the western part of the state 1667

The pandemic has added extra stress to our lives, but that's not stopping some of us from getting more sleep.New research from the University of Colorado Boulder and the University of Washington looked at how stay-at-home orders and social distancing guidelines have impacted college students' sleeping habits.They found that on average, students have been sleeping 30 minutes more per weekday and 24 minutes more per weekend day. They've also been keeping more consistent sleep schedules.This is similar to what a study of people ages 18 to 65 in Europe found during this same time.So, the big question now is whether these habits will continue now that stay at home orders are lifted.“One of the things we recognize is that when people who weren't getting enough sleep start to actually get better sleep because they can and they realize ‘wow that makes a difference in my life,’ a number of people choose behaviorally to go ahead and continue to get that better sleep,” said Ken Wright, integrative physiology professor at CU Boulder.As for the question about whether the quality of our sleep has improved, the study in Europe did look at that. It found on average, people have been seeing slight reductions in the quality of their sleep, but there are things you can do to help with this.“When they looked at the group as a whole, they found that those people who got exercise and got more sunlight during the COVID stay-at-home, they found that they actually had less reductions in their sleep quality,” said Wright.One negative result of the stay-at-home orders on our sleep in both studies – people have been going to bed later, both during the week and on weekends. Researchers say it will probably be healthier for us if we can start going to bed earlier now. 1776

The Kirchner family has a lot to celebrate this holiday season. Their son, Karson, is a happy and energetic 11-month-old baby. He's come a long way since being diagnosed with a rare heart condition that will require constant vigilance. But his progress is yet another example of how, this year, doctors are making amazing strides in so many ways.Josh and Ashley Kirchner weren't sure how much time they would have with their son. At 28 weeks pregnant, they found out he had hypoplastic left heart syndrome, meaning the left side of his heart was underdeveloped."They came back with a doctor and then we're kind of like, 'This isn't good'. And the doctor told us, 'Well, we can't find part of his heart on the ultrasound'," recalled Josh Kirchner.Some research led the Kirchners to Children's Hospital Colorado, where Karson was enrolled in a study to determine if stem cells from his own umbilical cord blood could help his heart function."There's another part of stem cells that don't create new tissue but create an environment to improve the existing tissue that's there, and that's what we're doing with this particular stem cell therapy," explained Dr. James Jaggers, with Children's Hospital Colorado.Dr. Jaggers says this syndrome is the leading cause of death for children with heart defects in their first year of life. Karson's first surgery was when he was just two days old. His second to inject stem cells into his heart came a couple of months later."The mode of stem cell delivery was actual physical injection of the stem cells into the heart muscle itself. We do that in a number of different places on the heart to try and improve sort of a global function of the heart for the long term," said Dr. Jaggers.One problem the doctors faced with the second surgery was it came during the start of the pandemic when travel was shut down. The Kirchners drove six hours from their home in South Dakota, but the stem cells had to be driven from the Mayo Clinic in Minnesota to Denver, a more than 12-hour drive.Karson still needs one more surgery, which doctors say will be when he's 2 or 3 years old. His parents know there's no roadmap for this. And while they wait to see how his body responds, they want to enjoy every moment."We get to enjoy our little boy and kind of live in the moment a little better and not have to worry about that hanging over our head. We know it's coming. But, like they said to do, don't worry about it. When it comes, it comes," said Josh Kirchner.Dr. Jaggers says the second phase of the study is done. Karson was the 16th to be accepted into it. The next phase will also include the use of stem cells in the third surgery. Dr. Jaggers says preliminary data shows some improved heart function. They now need to know how long it will last. 2789

The Macy's at Herald Square boarded up its windows in anticipation of protests from the result of the presidential election. PIX11 News cameras saw workers boarding up along the famous storefront Friday evening.A spokesperson for Macy’s told PIX11 News on Saturday the windows were initially scheduled to be covered up next week."Our windows at Macy’s Herald Square were previously scheduled to be dark next week in set-up for our annual holiday displays. Out of an abundance of caution, we are implementing additional security measures at several of our stores,” the spokesperson said.A variety of Fifth Avenue stores also were boarded up on Friday afternoon, some as early as 9 a.m. Many Manhattan stores, including Macy's at Herald Square, were looted in the unrest following protests against the police custody death of George Floyd in Minneapolis.PIX11 News' James Ford also contributed to this story. 915