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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 news of dogs?left tied up, abandoned by owners in Palm Beach County to fend for themselves during Hurricane Irma, disturbed many of you, and us.The question .. will Palm Beach County hold those pet owners accountable?  It's not something the animals asked for, to be abandoned by their families, for a storm. "Absolutely unacceptable. People need to be responsible pet owners in this community," says State Attorney Dave Aronberg."The animals should be a valued part of your family and they should be a part of your plan," says Animal Care and Control Capt. Dave Walesky. More than 50 dogs and 15 cats were surrendered to Palm Beach County Animal Care and Control. Around 38 other dogs, left to fend for themselves, mostly in the Glades area.  "Many of them were loose inside fenced yards, some were loose in the community where they just got turned loose or some were tied and left in small cages," says Walesky. "One of the dogs was left tied to a structure with a bowl of water and a bunch of bananas." It's not just sad, it's a crime. "And there is no excuse for leaving your pet behind to die. We are going to hold accountable those who we can prove left their dogs behind in the storm," says Aronberg.   1261

The Mega Millions jackpot was a record-breaking .6 billion on oct. 23, and people across the country bought tickets in droves.Those behind the counter selling the lottery tickets say they heard it all from their customers.“If they win, they’ll buy us a new car or a new house,” said Francine Barela of promises she hears from customers at King Soopers in Denver, Colorado.Some people even promised to give a million dollars to the person who sold them the ticket.“You wonder are they really gonna come back? Are they gonna keep their word? But I don't really care whether they do,” Barela said. “Just be nice to know you sold the winning ticket!”Barela and co-worker Eva Bogue handle hundreds of tickets a day, but they rarely play themselves. That is until the jackpot is record-breaking.“The jackpots so big that you gotta take your chances with it,” Barela says.Would they keep their jobs?Bogue quickly replies, “No.” 940

The new Apple iPhone X (pronounced "ten") is made of glass on the front and back and has wireless charging.The device and Apple Power, the wireless charging dock that charges multiple things at once, were introduced Tuesday at an Apple event. The waterproof iPhone X doesn't include a home button — users will swipe up to access the phone, which also has facial recognition unlocking."Animoji" is part of the phone — it's a new feature on the phone that animates facial expressions.Apple's iPhone X will be available for purchase on Oct. 27.The iPhone 8 was also unveiled at the event, and it has a starting price of 9. Apple's new iPhones are designed for augmented reality.The latest version of Apple Watch was unveiled as well. CEO Tim Cook called the device the best-selling watch in the world.The waterproof Apple Watch has an even greater focus on fitness and health. For example, it flags users when it detects an elevated pulse. 972

The number of people killed in wildfires burning in California has risen to 50 -- including 48 from northern California's Camp Fire, already the most destructive and deadly blaze in state history.As firefighters battle that fire Wednesday in Butte County north of Sacramento, authorities fear more human remains will be found as searchers comb through rubble and ashes in Paradise, the ravaged town of about 27,000 residents."I want to tell you, though, this is a very, very difficult process," Butte County Sheriff and Coroner Kory L. Honea told reporters. "There's certainly the unfortunate possibility that even after we search an area, once we get people back in there, it's possible that human remains can be found."PHOTOS: Wildfires devastationAuthorities have requested that 100 National Guard troops join cadaver dogs, mobile morgues and anthropology teams in the grim search and recovery of human remains.In Southern California, firefighters still are battling the Woolsey Fire, which so far has left two people dead in Malibu.They've also been fighting a new blaze, the Sierra Fire, in San Bernardino County. It started late Tuesday about 50 miles east of Los Angeles near Rialto and Fontana, and by Wednesday morning had burned 147 acres, though no evacuations have been ordered, the San Bernardino County Fire District said.Fire officials said the Sierra Fire was fanned by the Santa Ana winds -- strong, dry winds that high-pressure systems push from east to west, from the mountains and desert areas down into the Los Angeles area.Winds will be "particularly strong" Wednesday morning but are expected to weaken by evening, the National Weather Service said.Meanwhile in Northern California, forecasters have said the winds fueling the Camp Fire would slowly begin to decrease Wednesday and give firefighters a reprieve. 1842

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