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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 Cheektowaga, New York mother whose battle with breast cancer captured the hearts of many Western New Yorkers has died. Libby Gaymon, 43, passed away Tuesday. She had faced breast cancer twice in less than two years.In May, Libby's daughter Alexis asked her mom to be her date to the senior prom at McKinley High School in Buffalo. The surprise promposal was a well-coordinated effort between Alexis, her family and McKinley administrators. Alexis wanted to bring her mother because Libby didn't get to go to the prom when she was in school.On prom night, dozens of supporters of Libby packed the Gaymons' front lawn, some spilling onto the sidewalk and neighboring lawns to cheer on the mother-daughter duo.McKinley High School donated a limousine, while other community members offered free wig services, makeup application and corsage supply to make the night even more special.Most recently, Gaymon tried an experimental immunotherapy treatment at Roswell Park. Immunotherapy helps the body’s immune system attack cancer cells. It is still being studied nationwide to see if it can play a role in treating metastatic breast cancer. Her message she shared with Buffalo-based WKBW anchor Ashley Rowe in September was clear: slow down and take time to appreciate the world around you, or else you’ll miss everything.“You’re walking down the street on the phone, either you’re on the phone or you’re texting and you’re not even seeing your surroundings," Libby said. "You’re not seeing if you walk past flowers, or if you walk past somebody smiling back at you, but you’re too busy on your phone. You guys are letting life pass you by.” 1681
The Cameron Peak Fire is now the largest wildfire in Colorado's history. It grew overnight and is now 164,140 acres, but it remains 56% contained and no injuries have been reported.The fire became the largest in Colorado history Wednesday evening. It took only 48 days for the Cameron Peak Fire to surpass the 139,007-acre Pine Gulch Fire as the largest in recorded state history, and also blew past the 137,760-acre Hayman Fire in 2002.In a Thursday morning update, Operations Section Chief Paul Demerico of Rocky Mountain Team 1 said they are expecting a challenging few days ahead."But we have beefed up and feel like we have adequate resources to do what we can, especially when it comes to structure protection," he said.Several areas near the fire are under mandatory or voluntary evacuations as a result of the blaze. Highway 34 was also temporarily shut down in both directions between Loveland and Estes Park to help with evacuations, but has reopened.In addition, the Canyon Lakes Ranger District of the Roosevelt National Forest closed Thursday morning. This closure includes recreation sites — including all campgrounds — trails and Forest Service Roads.View the mandatory evacuations in the map below, or go here for the full list of evacuations and closures.Demerico said the western side of fire is almost all contained, but the fire was able to run east all the way to County Road 27 thanks to the wind, terrain and dry fuels.The main objective for the next day or so is to keep the fire south of 44H Buckhorn Road and west of County Road 27, he said.Winds will continue to be a problem over the next few days, Demerico said. Structure protection resources are scattered around Storm Mountain, Cedar Park, Glen Haven and Estes Park.The gusts also prevent fire officials from flying aircraft to help fight the blaze from the air.Larimer County residents may see periods of moderate to heavy smoke in their neighborhoods Thursday, according to the Colorado Air Quality Summary. The smoke may impact Fort Collins and Loveland as well.The National Weather Service said smoke from both the Cameron Peak Fire and the new East Troublesome Fire in Grand County will move toward Denver Thursday afternoon.The state's 10 largest wildfires in history, ranked by acreage, are:1. Cameron Peak Fire (2020): 164,140 acres2. Pine Gulch Fire (2020): 139,007 acres3. Hayman Fire (2002): 137,760 acres4. Spring Fire (2018): 108,045 acres5. High Park Fire (2012): 87,284 acres6. Missionary Ridge Fire (2002): 72,962 acres7. 416 Fire (2018): 54,000 acres8. Bridger Fire (2008): 45,800 acres9. Last Chance Fire (2012): 45,000 acres10. Bear Springs/Callie Marie fires (2011): 44,662 acresNote: The Rocky Mountain Area Coordination Center said the West Fork Complex fire, which burned a total of 109,632 acres in 2013, is not included on this list since it involved three separate fires.This story was originally published by Stephanie Butzer at KMGH. 2951
The first round of the NFL Draft got underway Thursday evening and Oklahoma quarterback Baker Mayfield was selected as the first overall draft pick by the Cleveland Browns. Mayfield will likely take over as Cleveland's starting quarterback in the fall after the Browns finished the 2017 season with a winless 0-16 record. Mayfield was a three-year starter at Oklahoma after starting one season for Texas Tech. He threw for 131 touchdowns over his four collegiate years, which is fourth all time in NCAA Division I history. According to most NFL Draft experts, five college quarterbacks will likely be selected in the first round on Thursday. The group includes USC's Sam Darnold, Oklahoma's Baker Mayfield, Wyoming's Josh Allen, UCLA's Josh Rosen and Louisville's Lamar Jackson. 807
The coronavirus pandemic has had a big impact on businesses of all kinds, restaurants and retailers alike are closing permanently and others are doing what they can to financially survive.That also means it could be a good time for consumers looking for specific items to save some money.The website rather-be-shopping.com compiled a list of 13 items that have become cheaper during the pandemic.Items like clothing for the whole family. Retailers like Macy’s, Stein Mart, Ann Taylor, and many more are closing anywhere from several stores to most of them. That could mean deep discounts during liquidation sales.Those looking for a home or want to refinance will find low mortgage rates right now. Mortgage rates have hit an all-time low.Gas is about 50 cents cheaper nationally than it was in the summer of 2019. Maybe it’s time for a road trip or long drive and save on fuel prices.That also contributes to low shipping costs. Many online sites are offering no or low shipping costs right now.In time for school to start, technology is cheaper and many places are offering discounts on laptops and electronic devices and headphones that can be used for at-home learning. There are also 16 states with "no sales tax" weekends to encourage shopping. 1259