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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) — The U.S. Marine Corps says two Marines were shot during a live-fire training exercise at a Southern California base involving hundreds of troops.The military says both were airlifted Sunday from the Marine Corps Air Ground Combat Center at the Twentynine Palms base east of San Diego to an unnamed California hospital.2nd Lt. Samuel Banks says one Marine was later released and the other remains hospitalized in serious condition.He says the Marines are stationed at Twentynine Palms. The Marine Corps says in a press release that officials are investigating the circumstances of the accident.Banks says the military is not releasing any details at this time. 684

SAN DIEGO (CNS) - A body was found today alongside Interstate 5 in Sherman Heights.A 911 caller reported the discovery next to the northbound lanes of the freeway near Island Avenue about 11:45 a.m. according to the San Diego Police Department. The person's gender and approximate age were not immediately released.After confirming the death, SDPD officers turned the case over to the California Highway Patrol, since the spot where the body was found is within the state agency's jurisdiction.There were no immediate indications of criminal involvement in connection with the fatality. 594

SAN DIEGO (AP and CNS) — A white Christmas was in store for parts of California with wet weather elsewhere in the state that could mean dangerous driving conditions and possible power outages."A storm system is coming and after about 10 p.m. tonight, we'll begin having scattered showers that will continue through the day on Christmas," NWS forecaster Samantha Connolly said of the San Diego impact. "The storm system will bring cooler temperatures through tomorrow, and snow above 5,000 feet."Connolly said temperatures will drop into the high 50s to 60s in most of San Diego on Christmas day. She said temperatures in the mountains are expected to dip into the 30s and 40s during the storm.RELATED: Check Your 10News Pinpoint Weather Forecast"We will have gusty winds as well through the day and night," Connolly said. "Wind gusts will be up to 30 mph along the coasts and in the inland valleys, and as much as 50 to 60 mph in the mountains and deserts."One-tenth to one-quarter of an inch of rain is expected along the coast and in the inland valleys and the deserts on Christmas. Half an inch to an inch of rain is expected in the mountains.The NWS forecaster said the storm will leave San Diego later in the day on Christmas. Wednesday, the day after the storm, is expected to be dry. But more light rain could be on the way."We have another potential storm system that could come in on Thursday and Friday," Connolly said. "We're expecting a little rain from that, but not much."The National Weather Service issued a winter weather advisory Monday for higher elevations in San Bernardino, Riverside, Los Angeles, Ventura and Kern counties.The weather service said the fast-moving storm system was expected to move into Southern California late Monday, bringing up to 4 inches of snow to elevations above 4,000 feet (1,200 meters) including Big Bear, Wrightwood and the Grapevine area of Interstate 5.The system also was expected to bring gusty winds between 40 and 60 mph (64 to 97 kph) and a chance of rain at lower elevations.The conditions could create snowy and ice-covered roads with low visibility and strong cross winds. The California Department of Transportation said chains will be required in mountain areas.In Northern California, the weather service issued a flash flood watch for an area of Mendocino County that was charred by wildfires earlier this year.The warning was in effect from noon until 6 p.m. Monday. Motorists traveling along Highway 20 should be on alert for possible road flooding, rockslides and debris flows, it said.The fire in July blackened 717 square miles (1,857 square kilometers), much of it in Mendocino National Forest.The weather service also issued a coastal flood advisory in parts of the San Francisco Bay Area until 2 p.m. Monday because of higher than normal tides.Holiday travelers in parts of the Sierra Nevada could see up to 2 feet of snow in some mountain passes at elevations of about 6,000 feet. Forecasters say that by Tuesday, snow could fall at lower mountain elevations. 3042

SAN DIEGO — Home construction in the city of San Diego increased in 2019, but is still far off pace to meet the region's high demand for housing.The findings come in a report released Tuesday by the city's planning department.It shows that in 2019 the city issued 5,221 permits for new housing units, up from 3,895 the year before. Still, that's way off pace for any sort of building activity that could help lower the cost of housing. Consider that the city only issued permits for 42,275 housing permits from 2010 to 2019, which is 48 percent of its goal of 88,096. The city says it issued permits for 940 affordable housing units in 2019 and 456 granny flats in 2019."This year's report shows early success for our recent initiatives," City Planning Director Mike Hansen said in a statement. "However, it's important the City continues to adopt new housing reforms to meet new, ambitious housing targets and address all of San Diego's housing needs."For 2020 to 2029, the city has a goal of 108,000 new homes. The city has created incentives such as waiving parking requirements in transit priority areas, offering density bonuses to developers who include affordable housing, and waiving water and sewer fees for accessory dwelling units (aka granny flats). Still, the median price for a single family home in the 6,000 in June, according to Corelogic. Meanwhile, the average rent was ,237 per month, according to RentCafe. 1441

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