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The first hearing in CNN and Jim Acosta's federal lawsuit against President Trump and several top White House aides lasted for two hours of tough questioning of both sides.At the conclusion of the hearing, Judge Timothy J. Kelly said he would announce his decision Thursday afternoon.CNN and Acosta are alleging that the White House's suspension of his press pass violates the First and Fifth Amendments.The hearing started around 3:40 p.m., Kelly began by probing CNN's arguments for the better part of an hour. Then he turned to questioning a lawyer representing the government.Lawyers for the network and Acosta asked for a temporary restraining order and a preliminary injunction that would restore his press pass right away, arguing that time is of the essence because his rights are violated every day his pass is suspended.Kelly opened the hearing by quizzing CNN attorney Theodore Boutrous on the network's First Amendment claim and asking how the President's history of attacks on CNN should be viewed in the context of the lawsuit.Boutrous rattled off examples of Trump's missives against CNN, including his claim that the network is an "enemy of the people."Kelly expressed skepticism that this proves the Acosta ban is "content-based discrimination," as CNN is alleging.Kelly said there is some evidence that Acosta's conduct -- not his content -- led the White House to suspend his press pass.But Boutrous disputed that and said there "never will there be more evidence of facial discrimination and animus against an individual reporter" than in this case.Kelly said "we've all seen the clip" of the White House press conference where Trump and Acosta had a combative exchange last week. Kelly said that Acosta "continued speaking after his time expired" and "wouldn't give up his microphone" -- points that the Trump administration made in its briefs earlier Wednesday.Under questioning from the judge, Boutrous cited Trump's words to Acosta from the press conference, and said, "'Rudeness' is really a code word for 'I don't like you being an aggressive reporter.'"Kelly peppered CNN's attorney with hypotheticals as he tried to determine what a lawful move by the White House, responding to Acosta's actions, would look like."Could they let him keep the pass but tell him he couldn't come to presidential press conferences?" Kelly asked.Boutrous contended that even a partial response like that would be a violation of Acosta's First Amendment rights.Boutrous called the White House's move to revoke Acosta's hard pass "the definition of arbitrariness and capriciousness.""What are the standards?" Boutrous asked. "Rudeness is not a standard. If it were no one could have gone to the press conference."Boutrous separately brought up evidence that hadn't been available when CNN filed its suit: A fundraising email that the Trump campaign sent Wednesday.The email touted the decision to revoke Acosta's credentials and attacked CNN for what it called its "liberal bias." Boutrous said that by grouping that all together in the same breath, the email made it clear that it was Acosta's coverage and not his conduct at a press conference that triggered the revocation of his press pass.Kelly asked CNN's lawyers to state the company's position regarding the original White House accusation that Acosta placed his hands a White House intern as she tried to grab his microphone away."It's absolutely false," Boutrous said.Boutrous also pointed out that Trump administration never mentioned that accusation against Acosta in the 28-page brief that Justice Department lawyers filed with the court earlier on Wednesday."They've abandoned that" claim, Boutrous said.In his first question in a back and forth with the government, Kelly asked Justice Department attorney James Burnham to clear up the government's shifting rationale for revoking Acosta's pass."Why don't you set me straight," Kelly said. "Let me know what was the reason and address this issue of whether the government's reason has changed over time.""There doesn't need to be a reason because there's no First Amendment protection and the President has broad discretion," Burnham said.Still, Burnham called the White House's stated reasonings "pretty consistent throughout," and walked through a series of statements that the administration has made — from Trump's first comments at the press conference to Sanders' tweets announcing the revocation to the official statement put out Tuesday after CNN filed its suit.Burnham said Sanders' claim that Acosta had inappropriately touched a White House intern was not a part of their legal argument."We're not relying on that here and I don't think the White House is relying on that here," Burnham said.Burnham said that it would be perfectly legal for the White House to revoke a journalist's credentials if it didn't agree with their reporting.He made the assertion under questioning from Kelly, who asked him to state the administration's position in this hypothetical situation.The judge asked if the White House could essentially tell any individual journalist, "we don't like your reporting, so we're pulling your hard pass." Burnham replied, "as a matter of law... yes."Pressed again by the judge on Sanders' claim that Acosta had inappropriately touched the intern, Burnham said "we don't have a position" on that."The one consistent explanation," Burnham said, "is disorder at the press conference."Burnham contended that revoking Acosta's hard pass was not "viewpoint discrimination" — part of a legal threshold for a First Amendment claim."A single journalist's attempt to monopolize a press conference is not a viewpoint and revoking a hard pass in response to that is not viewpoint discrimination," Burnham said.Kelly tried to press for details about how Acosta's pass came to be revoked, asking Burnham who made the actual decision.Burnham said he didn't have any information beyond what had been filed in court documents: that the revocation was first announced by Sanders on November 7 and then "ratified" by Trump the next day."Do you have any information to suggest that it was anyone other than Ms. Sanders that made the decision?" Kelly asked."No, not that I'm offering today. I'm not denying it but I don't know anything beyond what's been filed," Burnham said.Later, Burnham argued that revoking Acosta's press pass does not infringe on his First Amendment rights because he can still call White House staffers for interviews or "catch them on their way out" of the building."I think the harm to the network is very small," Burnham said."Their cameras are still in there," he added.Burnham said CNN had made an "odd First Amendment injury" claim and suggested that Acosta could do his job "just as effectively" watching the President's appearances piped into a studio on CNN."The President never has to speak to Mr. Acosta again," Burnham said. "The President never has to give an interview to Mr. Acosta. And the President never has to call on Mr. Acosta at a press conference.""To be in a room where he has no right to speak... this seems to me like an odd First Amendment injury that we're talking about," Burnham said.Boutrous, the CNN attorney, fired back on rebuttal."That's not how reporters break stories. It's simply a fundamental misconception of journalism," Boutrous said, adding how unscheduled gaggles and source meetings throughout the White House amounted to "invaluable access."In a legal filing by the Justice Department on Wednesday, the White House asserted that it has "broad discretion" to pick and choose which journalists are given a permanent pass to cover it.That position is a sharp break with decades of tradition. Historically both Republican and Democratic administrations have had a permissive approach to press access, providing credentials both to big news organizations like CNN and obscure and fringe outlets.Acosta's suspension -— which took effect one week ago — is an unprecedented step. Journalism advocates say it could have a chilling effect on news coverage.CNN and Acosta's lawsuit was filed on Tuesday morning, nearly one week after Acosta was banned.Before the hearing began, CNN's lawyers said 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. The lawsuit asserts that this ban 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.In addition to the temporary restraining order and preliminary injunction that CNN is seeking at the hearing, CNN and Acosta are also seeking what's known as "permanent relief." The lawsuit asks the judge to determine 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."If the press is not free to cover the news because its reporter is unjustly denied access, it is not free," former White House correspondent Sam Donaldson said in a declaration supporting CNN that was filed with the court on Tuesday. "And if denying access to a reporter an organization has chosen to represent it -- in effect asserting the president's right to take that choice away from a news organization and make it himself -- is permitted, then the press is not free."Ted Olson, a Republican heavyweight who successfully argued for George W. Bush in Bush v. Gore, is representing CNN, along with Boutrous — himself another prominent attorney — and the network's chief counsel, David Vigilante.Olson said Tuesday that while it was Acosta whose press pass was suspended this time, "this could happen to any journalist by any politician."He spoke forcefully against Trump's action. "The White House cannot get away with this," Olson said.Most of the country's major news organizations have sided with CNN through statements and plan to file friend-of-the-court briefs. 10291

The Department of Justice this week is sending a strong message to American cities: if you can't stop crime, federal agents may be on the way.On Wednesday, Attorney General William Barr announced the launch of "Operation Legend" — named after a 4-year-old boy, LeGend Taliferrom, who was shot and killed while he was sleeping in Kansas City last month.Kansas City is one of several American cities dealing with an uptick in crime. According to the Department of Justice, violent crime is up 40% since last year, with at least 100 murders so far this year.The New York Times recently reported the top 25 largest American cities had seen a 16% increase in murders in recent months.What is "Operation Legend?"The mission will send around 100 FBI, ATF and DEA agents, as well as some U.S. Marshals, to Kansas City to aid in crime prevention.Agents are not expected to assume command of active investigations but rather serve as a deterrent to violent crime."Operation Legend will combine federal and local resources to combat the disturbing uptick in violence by surging federal agents and other federal assets into cities like Kansas City, a city currently experiencing its worst homicide rate in its history," Barr said in a statement.Kansas City will not likely be the last place federal agents go. The release hinted Kansas City was just the "beginning" of Operation Legend. 1382

The confirmed number of coronavirus cases in the U.S. has reached 5 million, by far the highest in the world. That’s according to the tally kept by Johns Hopkins University. Health officials believe the actual number is perhaps 10 times higher, or closer to 50 million, given testing limitations and the fact that as many as 40% of all those who are infected have no symptoms.The bleak milestone was reached as new cases in the U.S. run at about 54,000 a day. While that’s down from a peak of well over 70,000 in the second half of July, cases are rising in nearly 20 states, and deaths are climbing in most. Many Americans have resisted wearing masks and social distancing. 682

The first presidential debate of the 2020 election is behind us, but we still have two more coming up before Nov. 3, as well as a vice presidential debate.The single vice presidential debateThe next debate will be between the running mates, Vice President Mike Pence and Sen. Kamala Harris. The candidates for vice president will square off on Oct. 7 at the University of Utah in Salt Lake City.The debate will be moderated by Susan Page, the Chief of USA Today’s Washington Bureau.The event will be divided into nine segments, with about 10 minutes being spent on each. Page will ask an opening question, after which Pence and Harris will have two minutes to respond. Page will use the balance of the time in the segment for a deeper discussion of the topic.The second presidential debateThe next time President Donald Trump and former Vice President Joe Biden will face off will be on Oct. 15 at the Adrienne Arsht Center for the Performing Arts in Miami, Florida.The debate will be a town meeting-style event, moderated by Steve Scully, Senior Executive Producer and Political Editor at C-SPAN.The debate’s questions will be posed by citizens of the South Florida area. The candidates will have two minutes to respond to each question and there will be an additional minute for the moderator to facilitate further discussion.The town meeting participants will be uncommitted voters selected under the supervision of Dr. Frank Newport, Senior Scientist at Gallup.The third presidential debateThe third and final presidential debate of this cycle will be held just days before Election Day on Oct. 22. The event is set to take place at Belmont University in Nashville Tennessee and will be moderated by Kristen Welker, White House Correspondent for NBC News and weekend co-anchor of the Today Show.The format of this debate will be identical to the first, divided into six segments with about 15 minutes dedicated to major topics selected by the moderator. Welker will open each segment with a question and each candidate will have two minutes to respond. Trump and Biden will then have an opportunity to respond to each other.Changes to upcoming debatesThe day after the first debate, the Commission on Presidential Debates announced that there will be changes made “to ensure a more orderly discussion of the issues” at future debates this election season."Last night’s debate made clear that additional structure should be added to the format of the remaining debates to ensure a more orderly discussion of the issues," the commission said in a statement. "The CPD will be carefully considering the changes that it will adopt and will announce those measures shortly."The commission also said it's grateful to Chris Wallace for the "professionalism and skill" he brought to first debate, and they intend to ensure that additional tools to maintain order are in place for the remaining debates. 2905

The deadliest shooting in Texas history could have claimed even more lives if it weren't for a local resident who confronted the gunman, and another man who helped chase down the shooter.The resident, whose name has not yet been released, ran out of his house barefoot and exchanged gunfire with the shooter before the gunman sped away in a pearl-colored Fort Explorer. The armed resident then hailed a man across the street and got in his truck, telling him to chase down the gunman."I had to catch the guy. I had to make sure he was caught and at that point the gentleman riding with me said you may have to use your truck to get him off the road and there was no hesitation. It was do everything necessary to make sure that this guy is stopped," the motorist, Johnnie Langendorff said.Hear everything Johnnie Langendorff had to say: At a news conference Sunday night, investigators offered a preliminary timeline of the attack at the First Baptist Church in Sutherland Springs and laid out the role the resident played. Langendorff spoke to CNN on Monday.The gunman entered the small church in the rural town east of San Antonio, firing with an assault weapon at the congregation attending the morning service.A local resident grabbed his own rifle and engaged the gunman, said Freeman Martin, the regional director of the Texas Department of Public Safety."The suspect dropped his rifle, which was a Ruger AR assault-type rifle and fled from the church," said Martin."What do you say to the man who stepped up when he heard the gunshots? I'd say he's a hero," Wilson County Sheriff Joe Tackitt Jr. told CNN's Chris Cuomo on Monday. "I don't think there's any question about that. Had he not done what he did, we could have lost more people."He was just driving byLangendorff said he was driving by the church on the way to his girlfriend's house when he saw gunfire between the shooter and the armed resident.Langendorff told CNN that both men had weapons drawn."There was exchange of gunfire. It lasted just a few seconds, and the shooter got in his vehicle and took off," he said.The armed resident opened Langendorff's door, said the gunman shot up the church and urged the driver to step on it."We got to chase him," the man said, according to Langendorff. He said he answered, "Let's go."They gave chase in his truck for 11 miles and called police dispatch to tell them where they were and in what direction they were headed. The chase was 10 to 12 minutes long."The vehicle was in sight and I was picking up, getting closer and closer to it. We hit about 95 (mph) ... trying to catch this guy until he eventually lost control on his own and went off into the ditch," Langendorff told CNN affiliate KSAT."The gentleman that was with me got out and rested his rifle on my hood and kept it aimed at him (the shooter), telling him to get out. There was no movement, there was none of that. I just know his brake lights were going on and off, so he might've been unconscious from the crash or something like that. I'm not sure."Langendorff felt the suspect, who crashed his vehicle near the county line, "just gave up."When police arrived about five minutes later, they approached the suspect's vehicle and found the gunman inside dead of a bullet wound. He was later identified as Devin Patrick Kelley.Asked by CNN what he was thinking at the time, Langendorff said, "Nothing. Get him." Why? "Because that's what you do, you chase a bad guy."The shooting was a horrific tragedy, Langendorff said, but he hopes the families of the victims can sleep better knowing the shooter "was taken care of."And he has no regrets about throwing himself into such a dangerous situation."I hope that everyone affected is able to rest a little better knowing that this guy, he'll never breathe again. It doesn't serve it justice completely. But he won't hurt anyone else ever."Bravery seen at another church shootingLangendorff praised the resident for his quick action and called him "very much a hero."He emerged barefooted, grabbing his gun before he grabbed his shoes."He did absolutely the right thing, which was try to take him down at the scene," he said.The shooting at the church claimed 26 lives.Investigators "are continuing in their efforts as they put all the pieces of a very complex puzzle together to try to provide their community all the answers they need and deserve," Texas Gov. Greg Abbott said.It's the deadliest mass shooting in Texas history -- and the fifth deadliest in modern US history.The Sutherland Springs resident's actions echoed another man's act of bravery during a different church shooting earlier this year in Antioch, Tennessee.As the service at the Burnette Chapel Church of Christ was ending on September 24, a gunman -- whom police identified as 25-year-old Emanuel Kidega Samson -- entered the church with a pair of pistols and started firing. An usher at the church, Robert Engle, sprang into action -- struggling with the suspect, even as he was being pistol-whipped, police said."Mr. Samson didn't expect Mr. Engle to encounter him, to struggle with him, to try to stop the shooting," said Don Aaron, the spokesman for the Metropolitan Nashville Police Department.During the altercation, the gunman accidentally shot himself in the chest with his own weapon, police said.When the gunman fell, Engle, despite his head injuries, ran to his car and came back with a pistol of his own, police said.Engle, who has a permit for a handgun, then made sure Samson stayed on the ground until officers arrived, Aaron said.  5564

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