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The Justice Department is not bringing federal charges against a New York Police Department officer accused of fatally choking Eric Garner, the New York man whose last words, "I can't breathe," became a rallying cry in the Black Lives Matter movement.Federal authorities had a deadline of Wednesday -- five years since Garner's death -- to decide whether to bring charges against NYPD Officer Daniel Pantaleo. The officer appeared, in a cell phone video, to have Garner in a chokehold shortly before he died. Pantaleo denies that he used a chokehold.The city medical examiner's office ruled the death a homicide in the days after his death, and the medical examiner testified that Pantaleo's alleged chokehold caused an asthma attack and was "part of the lethal cascade of events."Still, US Attorney Richard P. Donoghue said there was insufficient evidence to prove beyond a reasonable doubt that Pantaleo acted "willfully" in violation of the federal criminal civil rights act."There is nothing in the video to suggest that Officer Pantaleo intended or attempted to place Mr. Garner in a chokehold," Donoghue said.Attorney General William Barr made the decision not to bring charges against Pantaleo, siding with a Justice Department team from New York over the Civil Rights Division in Washington, due to concerns that prosecutors could not successfully prove the officer acted willfully, a senior Justice Department official said."While willfulness may be inferred from blatantly wrongful conduct, such as a gratuitous kick to the head, an officer's mistake, fear, misperception, or even poor judgment does not constitute willful conduct under federal criminal civil rights law," Donoghue said.Members of Garner's family, the Rev. Al Sharpton and several others met with federal prosecutors on Tuesday to learn of the decision."They came in that room and they gave condolences," said Emerald Garner, his daughter. "I don't want no condolences. I want my father and my sister."Garner's mother, Gwen Carr, said the Department of Justice had failed them."Five years ago, my son said 'I can't breathe' 11 times, and today we can't breathe, because they let us down," she said.Garner's death, three weeks before the death of Michael Brown in Ferguson, started the resurgence of police accountability and brought the Black Lives Matter movement to the forefront, Sharpton said."Five years ago, Eric Garner was choked to death. Today, the federal government choked Lady Justice," Sharpton said.The decision means that Pantaleo will not face any criminal charges related to Garner's death, though he does still face departmental charges. Federal investigators have been examining the circumstances of Garner's death since 2014, after a grand jury in New York declined to indict the Staten Island officer. The city of New York settled with Garner's estate for .9 million in 2015.Rallying cry sparks a movementThe "I can't breathe" phrase reflected the suffocating frustration with what activists said was a lack of police accountability after police killings of unarmed African Americans. The phrase was widely heard and seen at 3137

The annual Independence Day celebration in Washington, D.C., will be transformed into an event that could cause fireworks among budget hawks. The generally apolitical event has featured a firework show on the National Mall for decades. But this year's event will take on a different look. One difference is President Donald Trump is scheduled to speak at the event. That will require additional security from the Secret Service and National Park Service. Secondly, the Secret Service spokesperson Matthew Miller said it will close parts of the National Mall for "VIPs." The tickets will be distributed through the White House.Reportedly, the VIP Tickets are being sold by donors to the Republican National Committee. 729

The House of Representatives will not get President Donald Trump's financial records for now, the Supreme Court said on Monday.The ruling is a win for Trump, who is fighting on several fronts to shield the records from becoming public.In a brief order, the court granted the President's emergency request to block a subpoena from House Democrats to his long-time accounting firm from moving forward. There were no noted dissents.The justices set up an expedited briefing schedule to hear arguments from both sides on whether the court should agree to hear Trump's appeal this term. The President must file his opening brief on or before December 5.The House has said it could move forward with an impeachment vote by the end of December. 749

The Department of Homeland Security's Inspector General has found "dangerous overcrowding" and unsanitary conditions at an El Paso, Texas, Border Patrol processing facility following an unannounced inspection, according to a not-yet released report obtained by CNN.The IG found "standing room only conditions" at the El Paso Del Norte Processing Center, which has a maximum capacity of 125 migrants. On May 7 and 8, logs indicated that there were "approximately 750 and 900 detainees, respectively.""We also observed detainees standing on toilets in the cells to make room and gain breathing space, thus limiting access to the toilets," the report states.A cell with a maximum capacity of 12 held 76 detainees, another with a maximum capacity of eight held 41, and another with a maximum capacity of 35 held 155, according to the report."(Customs and Border Protection) was struggling to maintain hygienic conditions in the holding cells. With limited access to showers and clean clothing, detainees were wearing soiled clothing for days or weeks," the report states."Corrective action is critical to the immediate health and safety needs of detainees, who cannot continue to be held in standing-room-only conditions for weeks until additional tents are constructed," the report adds.The report comes as the number of migrants coming across the southern border continues to skyrocket. Roughly 109,000 people crossed in April, 1438

Temperatures in Colorado plunged 64 degrees on Thursday, the largest temperature drop the state has ever seen in October.It's also the 15th largest temperature drop over a two day period in Denver's history, according to 232

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