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SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877
SAN DIEGO (AP) — A pathologist testified Monday at a Navy SEAL's murder trial that a wounded Islamic State militant in Iraq could have died from a stabbing described by other witnesses.Dr. Frank Sheridan said he couldn't determine a cause of death because there was no body and a lack of other evidence.The testimony at the trial of Special Operations Chief Edward Gallagher, though, countered a statement offered last week by another SEAL who stunned the court when he confessed to the killing.Corey Scott testified Thursday that he killed the victim by plugging his breathing tube after Gallagher unexpectedly stabbed the fighter while treating him for injuries suffered in an air strike outside Mosul in 2017.Scott testified that the militant, described as an adolescent boy, would have survived the stabbing.But Scott said he decided to asphyxiate him because he assumed he would later be tortured and killed by Iraqi forces who captured him and brought him to the Navy medics for treatment.Gallagher, 40, is charged with murder in the killing of the boy and attempted murder for allegedly gunning down civilians from his sniper's post.He has pleaded not guilty and his lawyers blame his former troop mates for fabricating the accusations to get Gallagher ousted from the special forces because they didn't like his tough leadership.Scott and another SEAL said Gallagher had initiated medical treatment for the boy and then stabbed him one to three times in the neck for no apparent reason.Gallagher later texted a photo of the corpse to friends with the following message: "Good story behind this, got him with my hunting knife."His lawyers said the message was an attempt at dark humor.Sheridan based his testimony on witness accounts and video of the wounded war prisoner before the alleged knifing.After the boy was wounded in an air strike — more than an hour before he was brought to the U.S. forces for treatment — he was interviewed by an Iraqi TV news crew. He appeared lucid and did not have significant hemorrhaging, Sheridan said."He's clearly responsive," Sheridan said. "There's no sign he's bleeding from any wound."Witnesses at the scene said Gallagher treated the boy for a leg wound and an apparent collapsed lung. The patient was sedated and given a breathing tube for a wound they believe occurred from the air strike blast.He was breathing normally after the procedure when Gallagher suddenly pulled out his personal knife and stabbed him in or near the neck, witnesses said.Depending on the location of the stab wounds, he could have died from profuse internal or external bleeding, Sheridan said. But he couldn't make that determination."I can't give an opinion on the cause of death," Sheridan said. "There just isn't enough evidence."___Melley reported from Los Angeles. 2807
SAN DIEGO (CNS) - A five-vehicle pileup at a College Area intersection left two young women severely injured and sent four others drivers to the hospital, police said Thursday.The crash was reported around 9:10 p.m. Wednesday at the intersection of 70th Street and El Cajon Boulevard, San Diego police Officer John Buttle said.A 63-year-old man driving a 2016 Mercedes E400 eastbound on El Cajon Boulevard suffered an unknown medical issue and slammed into the back of a 2015 Ford Fusion sitting in the northbound turn lane to 70th Street, Buttle said.The impact pushed both vehicles into the westbound lanes, where they were both struck by three vehicles -- a Nissan Rogue SUV, a BMW and a Honda Civic, the officer said. At that point, the Ford caught fire, leaving two 22-year-old women trapped inside before witnesses pulled them from the car.Both women suffered second- and third-degree burns over 70% of their bodies, along with uncontrolled internal bleeding, Buttle said. They were taken to a hospital for treatment of their injuries, which were considered life-threatening.The Mercedes driver was taken to a hospital for treatment of unknown injuries, Officer Tony Martinez said.The Nissan driver, a 20-year-old woman, the BMW driver, a 63-year-old man, and the Honda driver were taken to local hospitals for treatment of minor injuries, Buttle said.No details about the Honda driver were immediately available. 1427
SAN DIEGO - Was math your worst subject in school? You can still find ways to help your children through the dreaded homework.Use measuring and fraction skills when you bake or cook. That will help children learn the relevance of math in everyday life, according to Janeen Lewis, a teacher and writer at San Diego Family Magazine.Research fun careers that use math. Architects, astronauts, fashion designers and forensic analysts rely on math. Do you have teens or tweens? Lewis recommends the book Careers: The Graphic Guide to Finding the Perfect Job for You.Plan a trip together and calculate the miles you will travel at a designated speed to determine how long it will take you to get there.Give your child an allowance he or she has to manage. Together, you can both decide how much he or she will save and spend.Keep math resources on hand. Tools like rulers, tape measures, tangrams, pattern blocks, play money, fraction bars, counters and geometric shapes are great for kids to make discoveries while playing. Also keep a good math dictionary on your bookshelf to help with terms you may have forgotten.Want more great tips? Check out San Diego Family Magazine. 1178
SAN DIEGO (CNS) - A 21-year-old woman who allegedly was drunk last weekend when she crashed her Lexus into a Lyft car at high speed on state Route 163 in Balboa Park -- killing a passenger in the Lyft vehicle and injuring the other two occupants -- was charged Friday with gross vehicular manslaughter while intoxicated and DUI causing injury.Alondra Selena Marquez of San Diego was headed south on the freeway about 2:30 a.m. Saturday when she rear-ended the Mazda sedan near Laurel Street, according to the California Highway Patrol.One of two passengers in the Mazda, 40-year-old Giao Pham of San Francisco, died at the scene of the collision.ORIGINAL STORY: 1 dead, 3 injured in crash along SR-163A 33-year-old San Leandro resident remains hospitalized with a traumatic brain injury, while the 27-year-old Lyft driver is hospitalized with injuries of unknown severity, according to Deputy District Attorney Laura Evans.Marquez, who faces 13 years and four months in prison if convicted, had a .19 blood alcohol content at the time of the crash, Evans said.Marquez also sustained injuries in the crash, and was jailed Wednesday upon her release from a hospital. She is being held on million bail and is due in court April 10 for a readiness conference.According to a GoFundMe site created for Pham's family, he was in San Diego on vacation with friends. He is survived by his parents, eight brothers and sisters, eight nieces and nephews, his partner John, and his dog Matty, according to the page, which has exceeded its ,000 goal. 1549