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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 fight over the future of vaping isn't over in Michigan. In September, Gov. Gretchen Whitmer made Michigan the first state to ban the sale of flavored e-cigarettes. The governor argued the flavors lead to teen vaping. Michigan vape shops fought back and got a judge to block the ban. The preliminary injunction is a win for the businesses, but the governor is vowing the fight isn't over yet. "Ninety-percent of the products we sell are e-flavored," says Ron Pease. Pease is the CEO of Mister-E-Liquid in Grand Rapids, Michigan. The ban the governor put in place would cause major damage to his business. "We have 70 employees so that would impact all 70 employees," Pease says. While Whitmer argues vaping attracts youth, Pease disagrees. "That's the wrong path because the target demographic here at Mister-E-Liquid is 35 to 55,” Pease says.The judge that issued the temporary ban cited the damage it would do to businesses like at Mister-E-Liquid.Michigan's governor isn't backing down, vowing to take the case to the Supreme Court. This means a court ruling that lets vape shops sell their flavored liquids now does not mean they will continue to be on shelves forever. "You can’t take away 80-90 percent of your gross sales and still sport the same business as you did before, that’s economics 101," Pease says. 1332

The FBI is taking part in the investigation into an attack that left nine people dead last week in Mexico near the US border.Three women and 153

The growing popularity of online ordering is giving rise to virtual restaurants, conceived only for delivery or take out.Many restaurant owners are whipping up dishes in their own kitchens that can only be accessed through third-party delivery apps like Grubhub and UberEats. Other restaurants are expanding their footprint with "ghost kitchens," where food is prepared for online orders only.The trend seeks to capitalize on the .8 billion online ordering market, the fastest-growing source of restaurant sales in the U.S., according to the NDP group. It also speaks to the power of third-party delivery apps, which have transformed expectations for speed and convenience. In many cases, those same platforms are extending their influence from how people get their food to what should go on the menu. 816

The Dow Jones Industrial Average closed down more than 800 points on Tuesday — a day after the Dow dropped more than 1,000 points in the biggest single-day loss of 2020.The Dow finished Tuesday down 878 points, marking the fourth-largest one-day drop in the market's history. Fears about the worldwide spread of COVID-19, better known as coronavirus, have prompted a slowdown in global markets. The CDC compounded fears of the spread of the disease Tuesday when it said that Americans need to prepare for "significant disruptions" to their daily lives."Ultimately we expect we will see community spread in this country," CDC Director of Immunization and Respiratory Diseases Dr. Nancy Messonier. said. "It’s not so much a question of if this will happen anymore, but rather more a question of exactly when this will happen and how many people in this country will have severe illness."The two-day drop has wiped out all year-to-date gains the Dow has made since the new year began.The loss also comes hours after President Donald Trump attempted to assuage fears of a global economic slowdown. Speaking at a press conference in India, Trump claimed that his administration would prevent the spread of the virus. "I think it's going to be under control and it's going to work out fine," Trump said. 1309

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