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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 (CNS) - A bill that would keep court hearings related to the release of Sexually Violent Predators open to the public was unveiled Tuesday by a state senator who worked with the San Diego County District Attorney's Office to craft the legislation.SB 1023, dubbed the Sexually Violent Predator Act, would prohibit proceedings related to Sexually Violent Predators -- or SVPs -- from being held behind closed doors, particularly when the hearings involve potentially releasing the offenders to a conditional housing program in the community.Recently, hearings regarding the proposed release and placement of SVP Alvin Ray Quarles, 57, otherwise known as the "Bolder-Than-Most" rapist, were held behind closed doors in San Diego County Superior Court.Judge David Gill kept the hearings under wraps due to privacy concerns over the potential disclosure of Quarles' psychiatric reports.The closed-door nature of the hearings drew protests from victims' advocates, include two of Quarles' victims, Mary Taylor and Cynthia Medina.Sen. Patricia Bates, R-Laguna Niguel, who authored SB 1023, issued a joint statement with San Diego County District Attorney Summer Stephan, saying SVP hearings should be held in open court "unless compelling and extraordinary circumstances justify closing the courtroom to the public.""District Attorney Summer Stephan and I believe that court hearings for sexually violent predators should be open to the public unless a judge can provide a compelling reason," Bates said. "Victims, their families, and the public have a legitimate interest in witnessing hearings through which a predator might be released."Gill ruled last year that Quarles should be released to a conditional housing program, though that decision is currently being appealed by the District Attorney's Office.Quarles, who was previously sentenced to 50 years in prison for committing more than a dozen sexual assaults in the mid-to-late 1980s, was slated to be housed at a residence in Jacumba Hot Springs, but that agreement fell through."This important legislation supports the principles of democracy and transparency in our justice system by making sure court hearings for sexually violent predators are open to the public," Stephan said. "As District Attorney, I hear the pain from victims who've been terrorized by a sexual predator but are left in the dark and not able to learn pertinent information guaranteed to them by our open courts system."The bill is awaiting referral to a Senate policy committee, Bates' staff said. 2544

SAN DIEGO (CNS) - A 66-year-old man was hospitalized Saturday morning with wounds he suffered in a stabbing in the Mira Mesa neighborhood of San Diego and a 19-year-old suspect was in custody.The victim was walking in the area of Westview Parkway and Galvin Avenue about 9:10 p.m. Friday when he got into an argument with the suspect, who stabbed him three times, then ran away through the parking lot of a business, according to Officer Robert Heims of the San Diego Police Department.The victim was stabbed in the chest and suffered cuts to his stomach and finger. He was taken to a hospital for treatment of non life threatening injuries, Heims said.Police searched the area and located the suspect, identified as Dejon Heard, and took him into custody, Heims said.Anyone who witnessed the stabbing was asked to call San Diego police Northeastern Division detectives at 858-538-8000 or Crime Stoppers at 888-580- 8477. 929

SAN DIEGO (AP) — U.S. border authorities stopped people entering the country illegally from Mexico more than 69,000 times in October, the sixth straight monthly increase and the highest level since July 2019. Mark Morgan, acting Customs and Border Protection commissioner, said deteriorating economic conditions were driving more people to come to the United States. The percentage of people caught who had tried crossing the border at least once in the previous year was 37% for those expelled from March through September. The numbers offer a likely scenario of what President-elect Joe Biden will inherit upon taking office in January. 646

SALEM, Ore. (AP) — Two federal judges have ordered the United States Postal Service to continue to implement "extraordinary measures" to make sure ballots are delivered on-time before the presidential election.A federal judge has ordered the U.S. Postal Service to take "extraordinary measures" to deliver ballots in time to be counted in Wisconsin and around Detroit, including using a priority mail service.Chief U.S. District Judge Stanley Bastian in Yakima, Washington, issued the order on Friday after being presented with data showing on-time delivery of ballots sent by voters were too slow in the battleground states of Michigan and Wisconsin.Washington state Attorney General Bob Ferguson's office says delivery of ballots in the USPS Detroit district, for example, has dipped as low as 57% over the past week. National on-time delivery has been at 93% or higher.This comes on the same day that U.S. District Judge Emmet Sullivan signed an order, which requires the USPS to use the Express Mail network to make sure ballots are "entered close to or on Election Day to their intended destination," CNN reported.In a statement on Friday, the USPS outlined its "extraordinary measures" local post offices would take to accelerate ballots' delivery.CNN reported that processing plant managers send ballots and all local ballots to the provincial election or post office by 10 a.m. Monday and Tuesday by using Express Mail.Reuters reported that local ballots must be processed and delivered to regional post offices the day they arrive or the next morning until Nov. 7. 1581

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