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Federal judge Timothy J. Kelly sided with CNN on Friday, ordering the White House to reinstate chief White House correspondent Jim Acosta's press pass.The ruling was an initial victory for CNN in its lawsuit against President Trump and several top aides.The lawsuit alleges that CNN and Acosta's First and Fifth Amendment rights are being violated by the suspension of Acosta's press pass.Kelly did not rule on the underlying case on Friday. But he granted CNN's request for a temporary restraining order.This result means that Acosta will have his access to the White House restored for at least a short period of time. The judge said while explaining his decision that he believes that CNN and Acosta are likely to prevail in the case overall.Kelly made his ruling on the basis of CNN and Acosta's Fifth Amendment claims, saying the White House did not provide Acosta with the due process required to legally revoke his press pass.He left open the possibility, however, that the White House could seek to revoke it again if it provided that due process, emphasizing the "very limited" nature of his ruling and saying he was not making a judgment on the First Amendment claims that CNN and Acosta have made.Kelly was appointed to the bench by Trump last year, and confirmed with bipartisan support in the Senate.CNN has also asked for "permanent relief," meaning a declaration from the judge that Trump's revocation of Acosta's press pass was unconstitutional. This legal conclusion could protect other reporters from retaliation by the administration."The revocation of Acosta's credentials is only the beginning," CNN's lawsuit alleged, pointing out that Trump has threatened to strip others' press passes too.That is one of the reasons why most of the country's major news organizations have backed CNN's lawsuit, turning this into an important test of press freedom.But the judge will rule on all of that later. Further hearings are likely to take place in the next few weeks, according to CNN's lawyers.The White House took the unprecedented step of suspending Acosta's access after he had a combative exchange with Trump at last week's post-midterms press conference. CNN privately sought a resolution for several days before filing suit on Tuesday.The defendants include Trump, press secretary Sarah Sanders, and chief of staff John Kelly.Kelly heard oral arguments from both sides on Wednesday afternoon.Kelly, a Trump appointee who has been on the federal bench just more than a year now, was very inquisitive at Wednesday's hearing, asking tough questions of both sides, drilling particularly deep into some of CNN's arguments.Then he said he would issue a ruling Thursday afternoon. He later postponed it until Friday morning, leaving both sides wondering about the reason for the delay.In public, the White House continued to argue that Acosta deserves to be blacklisted because he was too aggressive at the press conference.Speaking with Robert Costa at a Washington Post Live event on Thursday, White House communications official Mercedes Schlapp said press conferences have a "certain decorum," and suggested that Acosta violated that. "In that particular incident, we weren't going to tolerate the bad behavior of this one reporter," she said. Schlapp repeated the "bad behavior" claim several times.When Costa asked if the White House is considering yanking other press passes. Schlapp said "I'm not going to get into any internal deliberations that are happening."In court on Wednesday, Justice Department lawyer James Burnham argued that the Trump White House has the legal right to kick out any reporter at any time for any reason -- a position that is a dramatic break from decades of tradition.While responding to a hypothetical from Kelly, Burnham said that it would be perfectly legal for the White House to revoke a journalist's press pass if it didn't agree with their reporting. "As a matter of law... yes," he said.The White House Correspondents' Association -- which represents reporters from scores of different outlets -- said the government's stance is "wrong" and "dangerous.""Simply stated," the association's lawyers wrote in a brief on Thursday, "if the President were to have the absolute discretion to strip a correspondent of a hard pass, the chilling effect would be severe and the First Amendment protections afforded journalists to gather and report news on the activities on the President would be largely eviscerated."The-CNN-Wire 4484

ENCINITAS, Calif (KGTV) -- An Encinitas business owner is trying to spread awareness about the challenges her employees face when customers refuse to follow the public health orders issued during the pandemic.Kris Buchanan owns GOODONYA Organic on the 101 in Encinitas. She posted a video discussing what she calls "The great mask debate" with one of her employees.Alex, the employee, talks about how it's exhausting constantly reminding customers to wear a face covering, but Buchanan said her employees deal with much more than that."I think people should realize the issue is not the business and I'm not trying to skirt the issue. I'm just trying to be real, we can't enforce, we don't have the skills, we don't have the training, we don't have the money to go through the training, and I don't want to put my people in that situation," said Buchanan.Buchanan said her employees are dealing with customers who refuse to wear masks, but also customers who are upset that other people aren't wearing masks."I think every business has a responsibility to do the right thing, to follow the guidelines and so it's not like we're just, we don't want to talk about it, I think the point to know is we do try and, they don't listen to us," said Buchanan.She has spent thousands of dollars on PPE, moving the restaurant outdoors and increasing sanitation protocols, but she says there's not much she can do when crowds of people and tourists walk right past her outdoor tables without masks. She also paid for her employees to be tested after one of them caught COVID-19 in June."It's like, do you know how much money we're spending and what we are doing to even try to stay alive? And you're in for a snapshot in time, and you see something, and you threaten to turn us into the local authorities, I'm like I don't even know who that would be, but go ahead," said Buchanan.She points to a religious rally held recently at Cardiff State Beach. Thousands of people attended with few face coverings and little social distancing.A spokesman with California State Parks said a permit was not issued for the event and that the gathering was not allowed."When you saw the 1,000 people at Cardiff gathering, it was disheartening, that's right down the street from our business. So, we definitely got customers after that ceremony, and here they walk past the sheriff, they walk past the lifeguard and they walk past the state beach guys, who work for the state, didn't get a ticket, and now they come into some random cafe," said Buchanan.Instead of expecting employees to police guidelines, she encourages customers to contact their local elected leaders."Asking the cashiers, and the waitresses and the servers to kind of implement an escalated situation is not fair and not right, and it won't work anyway," said Buchanan.She hopes people will do the right thing."Do you want cops issuing tickets? Or maybe we could all just take personal responsibility when we're out and about whether you believe in it or not," said Buchanan. 3027

Even the White House can't explain President Donald Trump's tweets suggesting California environmental laws have worsened wildfires raging in that state.On Tuesday, administration officials declined to offer any clarity on Trump's series of tweets claiming environmental laws and water regulations in California are hampering the state's ability to fight the wildfires. Wildfire experts and local officials say the President's claims simply don't hold up.Instead, some White House officials admitted to being slightly perplexed at where Trump may have gotten the notion that California's long-running water crisis and a debate over how to divide limited supplies are somehow related to the out of control fires.While Trump's tweets can sometimes be linked to segments on Fox News, there have been no correlating segments linking the two issues in recent days on the channel that frequently serves as presidential inspiration. White House officials also couldn't say whether Trump had discussed the issue with California lawmakers involved in the water debate.What Trump saidTrump launched his unfounded suggestions in a tweet on Sunday claiming: "California wildfires are being magnified & made so much worse by the bad environmental laws which aren't allowing massive amount of readily available water to be properly utilized."He then claimed that the water is "being diverted into the Pacific Ocean."He reiterated those claims on Monday, calling on Democratic California Gov. Jerry Brown to "allow the Free Flow of the vast amounts of water coming from the North and foolishly being diverted into the Pacific Ocean. Can be used for fires, farming and everything else."Trump's claims are false, according to California officials and wildfire experts.What officials and experts have saidLocal officials have made clear they have not had any difficulty accessing enough water to fight the fires. A FEMA official also told CNN there is no water shortage or problem with access to water hindering firefighting efforts in California.Interior Department spokeswoman Heather Swift declined to comment on Trump's tweets: "We don't weigh in on the President's tweets. We let those statements speak for themselves."As for water "being diverted into the Pacific Ocean," while there is a debate raging in California about how much water should be diverted to coastal communities versus farmers in the central part of the state, water is not being intentionally flushed into the ocean."I was stunned when I read this this morning," Henri Grissino-Mayer, a climatologist and biogeographer at the University of Tennessee, told CNN in an email. "California does NOT divert water to the ocean. Ridiculous."Grissino-Mayer noted that water "is diverted to the coastal cities for a constant water supply but all such water is used by the coastal communities."What's the context?Trump's tweet comes after California water officials ignited a debate this summer by proposing a plan to limit the amount of water that can be drawn from the San Joaquin River for use in cities and farmlands.The proposal has pitted farmers against fisheries and environmentalists, but Trump's attempt to connect the debate to wildfires doesn't pass muster.Instead of environmental laws and water regulations, local officials and experts have said scorching heat and dry conditions have led to several of the worst wildfires California has ever seen.Experts say those conditions are being driven by climate change, which Trump has previously dismissed as a hoax.The-CNN-Wire 3544

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Facebook CEO Mark Zuckerberg has arrived on Capitol Hill. What happens next could be big.Zuckerberg will spend two days answering lawmakers' questions about the powerful social network he helped create more than a decade ago, and whether the company is doing enough to protect users' privacy.It's the first time Zuckerberg will personally sit for questions from Congress, instead of sending a deputy. 408

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