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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 decorated Navy SEAL stabbed to death a wounded and captive teenage Islamic State fighter in Iraq and then bragged about it, a military prosecutor told jurors Tuesday during opening statements in a politically charged court-martial.Lt. Brian John projected a photo of the dead prisoner in the military courtroom, along with a text message that Special Operations Chief Edward Gallagher sent to friends."Good story behind this," Gallagher wrote. "Got him with my hunting knife."WATCH NEWS CONFERENCE: 525

SAN DIEGO - A student at West Hills High School in California was arrested on suspicion of making terrorist threats after allegedly posting a threat on social media that included a picture of a Lego rifle. 223

SALT LAKE CITY, Utah — The United States Attorney’s Office is asking anyone who might have gotten their immigration paperwork “lost” in the mail to please give them a call.Federal prosecutors have contacted 181 potential victims whose documents may have actually been intentionally destroyed by a former United States Postal Service employee in Salt Lake City.Special agents with the USPS identified the suspect as 77-year-old Diana Molyneux from West Jordan.Many of the victims were legal immigrants residing in Utah and Nevada who were waiting for their Permanent Resident Card, commonly referred to as a Green Card.“I pray for her. I really do,” said Eloisa Mendoza, the proprietor of Elko Hispanic Services. “I personally think she knew what was in those envelopes.”Mendoza told KSTU she worked with approximately 60 victims in Elko, Nevada. Whenever a client’s mail had a tracking number, Mendoza said it seemed like the documents always got stuck in Salt Lake City.“It’s really difficult for me to understand why (the suspect) would do something like that,” Mendoza said. “Issues. Personal issues… I do not know her, so I really cannot say if she’s racist or not. To me, I think her issue was just ‘aliens.’”According to Mendoza, some of the victims lost their jobs due to the inability to provide proof of legal residency in the United States. Others had to pay more than ,000 in fees.Mendoza said although most of the victims were Hispanic, some were from Russia and the Philippines.“The emotional suffering they went through is very harsh,” Mendoza said. “I saw the emotion, the stress, the nightmare that these people went through. Sometimes I think, ‘Did she ever think of that?’ What was she doing to the lives of these people?”Mendoza credited the office of Sen. Catherine Cortez Masto for helping fix the issues for Nevada residents.When KSTU tried to reach Molyneux for comment at her home in West Jordan, she did not answer the door. According to federal documents, she has been unemployed since losing her job with USPS.Assistant Federal Defender Wendy Lewis, now the sixth defense attorney to represent Molyneux, did not immediately return KSTU’s calls.According to a handwritten letter filed earlier this year, Molyneux asked for and was granted a new attorney, accusing Assistant Federal Defender Carlos A. Garcia of having a “conflict of interest” because the victims were “his people.”“I WAS APPOINTED ATTOREY (sic) GARCIA,” she wrote. “ENGLISH IS ATTORNEY’S SECOND LANGUAGE AND I AM HAVING A HARD TIME COMMUNICATING WITH HIM. THE MATTER IS ABOUT IMMIGRATION MAIL BEING DESTROYED. THIS MAIL IS ABOUT HIS FAMILY MEMBERS, FRIENDS, RELATIVES – PEOPLE. THIS IS A CONFLICT OF INTEREST.” 2713

Sam Clovis, President Donald Trump's nominee to be the Department of Agriculture's chief scientist, withdrew himself from consideration Thursday, the White House announced."We respect Mr. Clovis' decision to withdraw his nomination," White House press secretary Sarah Sanders said in a statement to pool reporters.Sources told CNN earlier Thursday that Clovis' nomination was imperiled over his connections to the ongoing Russia probe. The development is the latest sign that Justice Department special counsel Robert Mueller's probe into the Trump campaign and Russian collusion is impacting the day-to-day of Trump's administration, despite top White House aides -- including Trump himself -- claiming that the indictments of former top Trump campaign advisers Paul Manafort and Rick Gates had nothing to do with the administration or the campaign."The political climate inside Washington has made it impossible for me to receive balanced and fair consideration for this position," Clovis wrote in a letter addressed to Trump that was dated Tuesday. "The relentless assaults on you and your team seem to be a blood sport that only increases in intensity each day. As I am focused on your success and the success of this administration, I do not want to be a distraction or negative influence, particularly with so much important work left to do for the American people."Clovis, who was already serving as the senior White House adviser on the Agriculture Department, added that he will "continue to serve at the pleasure of you and the secretary of agriculture."Questions are swirling over Clovis' relationship with George Papadopoulos -- the Trump campaign foreign policy adviser who has admitted to making a false statement to the FBI regarding his interactions with foreign officials close to the Russian government -- and a trip Papadopoulos took during the election where he met with a Russian figure.The White House did not comment Wednesday night, and messages to Clovis' attorney regarding the latest developments in the Russia investigation were not returned.Asked Monday if Trump was "still comfortable" with Clovis serving in the administration, White House press secretary Sarah Sanders responded, "I'm not aware of any change that would be necessary."The Washington Post reported earlier this week that Clovis was one of the campaign officials referred to in court documents who Papadopoulos was emailing with. The FBI did not identify Clovis.In the wake of the Post's report, Clovis' attorney said that inside the campaign, Clovis always "vigorously" opposed any Russian trip for Trump or staff. The attorney, Victoria Toensing, said in a statement that if a volunteer made a foreign policy suggestion, as a "polite gentleman from Iowa (he) would have expressed courtesy and appreciation."She also said that Clovis would have had no authority to prohibit personal travel.Sen. Debbie Stabenow, the ranking Democrat on the Senate agriculture committee, said court records released this week raised more questions over Clovis' nomination."From early on, I have strongly opposed the nomination of Sam Clovis to be the chief scientist at USDA," she said in a statement. "The emerging information about his role in the Trump campaign's interactions with Russia raises serious concerns. As we consider his nomination, I will be looking into these facts, along with his questionable qualifications and long history of divisive and outrageous statements."Clovis, a former conservative radio talk show host in Iowa who was a frequent guest on CNN during the election, became an early supporter of Trump's two years ago. He quickly rose through the ranks of the campaign after Trump's strong finish in the Iowa caucuses, taking a national role in the organization as officials scrambled to build a campaign team.Clovis, a novice to national presidential campaigns, was supervising Papadopoulos and became a visible spokesman for Trump on CNN and other networks.A Republican official close to Clovis told CNN earlier Thursday that he remained loyal to Trump, adding that Clovis would not have fought the White House in backing away from his USDA nomination if asked."There's no way he would fight this or cause trouble for the White House," a Republican official and longtime associate of Clovis said.This story has been updated to reflect Clovis' withdrawal.The-CNN-Wire 4383

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