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The Justice Department responded to CNN's lawsuit over the revocation of Jim Acosta's press pass on Wednesday, saying in a court filing that the White House rejects the idea that it can't pick and choose which journalists can be given a permanent pass to cover it."The President and White House possess the same broad discretion to regulate access to the White House for journalists (and other members of the public) that they possess to select which journalists receive interviews, or which journalists they acknowledge at press conferences," lawyers say in the filing.Both CNN and Acosta are plaintiffs. The suit alleges that their First and Fifth Amendment rights are being violated by the ban.Judge Timothy J. Kelly, a Trump appointee, has scheduled a hearing for Wednesday at 3:30 p.m.CNN and Acosta are asking Kelly for a temporary restraining order and a preliminary injunction that would restore his access right away.Lawyers for CNN and Acosta are arguing that time is of the essence because his rights are violated every day his pass is suspended.They are also seeking a declaration 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."This is a very, very important case," Ted Olson said. Olson, a Republican heavyweight who successfully argued for George W. Bush in Bush v. Gore, is representing CNN along with another prominent outside attorney, Theodore Boutrous, and the network's chief counsel, David Vigilante.Olson said Tuesday that it was Acosta whose press pass was suspended this time, but "this could happen to any journalist by any politician."He spoke forcefully against Trump's action. "The White House cannot get away with this," he said in an interview with CNN anchor Brooke Baldwin.CNN's lawyers say 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.Tuesday's lawsuit rejected the White House's claim that Acosta acted inappropriately at a press conference last week. The suit says this 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.Many media law experts, unaffiliated with CNN, believe the network has a very strong case.Judge Andrew Napolitano, the top legal analyst on Trump's favorite network, Fox News, said the same thing on Tuesday. "I think this will be resolved quickly," he said, adding "I think it will either be settled or CNN will prevail on motion."If there is no settlement, CNN is requesting a jury trial.In an interview with Wolf Blitzer, Boutrous said the government officials are being sued in their "official capacity," but "there is a possibility of damages claims," which would mean suing them personally.Blitzer pointed out that the officials would have to "go out and hire their own attorneys."It is incredibly rare to see a news organization suing a president.Fox News supports CNN in lawsuit against White House, network's president saysFred Ryan, the publisher and CEO of the Washington Post, expressed his support for the action Tuesday night. "We support CNN in its effort to restore the press credentials of its White House reporter," Ryan said. "It is a journalist's role to ask hard questions, hold the powerful to account and provide readers with as much information as possible."The White House Correspondents' Association is also standing behind CNN. The group said Tuesday that the president "should not be in the business of arbitrarily picking the men and women who cover him." 3956

The pandemic, and much of the isolation that has come along with it, has prompted a lot of discussions about mental health. Now, as the winter months approach, psychologists are concerned about the impact seasonal affective disorder, or seasonal depression, might have."And we think that it is because of reduced light and at a more reliable time late in the year, usually around spring, summer, those symptoms resolve. And so, we come into 2020 and it's a completely different landscape right now, and honestly, we don't know what to expect yet," says Dr. Craig Sawchuck, a clinical psychologist with the Mayo Clinic.Dr. Sawchuck says there is some speculation that seasonal depression rates could increase this year."Kind of think about it like people are operating at a deficit right now. With the number of stressors that have been going on in 2020, just the erosion effect has been wearing folks down, so maybe folks that have struggled with winter blues in the past, so maybe not full-blown seasonal depression but winter blues, you layer in the erosion effect with the stress and maybe that's going to put them more in the range of depression," says Dr. Sawchuck.Social isolation from the pandemic and any unhealthy habits that might normally form in the winter months could exacerbate seasonal depression."Energy goes down, we want to sleep more, there's that urge for carbohydrate cravings, increased weight gain and socially pulling back or withdrawing," says Dr. Sawchuck.Experts say if you suffer from winter blues or seasonal depression, there are things you can do to try and boost your mood."Seasonal depression and treatment during this time is a little tricky. Some of the things we would recommend are hindered by COVID-19, especially with the escalating rates. So, things like getting outside might be risky for some people with the transmission of COVID -19, so we’re thinking about some of the basic things to just take care of yourself. What are your coping skills? What are things that do get you involved and happy and excited?" says Dr. Apryl Alexander, a psychologist and professor at the University of Denver.Dr. Alexander says a recent study from the American Psychological Association reports that eight in 10 Americans are feeling stressed because of COVID-19. Even though we're in a pandemic, Dr. Alexander says it's still important to socialize, especially if you are prone to seasonal depression."So, how can you maintain those social connections during this time, whether its dance parties we’ve had in our department during COVID-19 to engaging with your family members on Zoom or other forms of social media," says Dr. Alexander.Dr. Alexander also says many psychologists and therapists are offering virtual sessions, so it's important to take advantage of tele-mental health visits. And with the holiday season approaching, whether you're able to be with family or not, make sure you also take the time to check in on loved ones who may not be feeling themselves this winter season. 3027

The Houston Rockets have traded Russell Westbrook to the Washington Wizards for John Wall and a future lottery-protected, first-round pick. Both teams announced the trade Wednesday night. The move ends Westbrook’s tenure in Houston after just one disappointing season. Westbrook was traded from Oklahoma City for Chris Paul and draft picks in July 2019.Westbrook's Rockets defeated Paul's Thunder in the first round of the NBA Playoffs during the summer, but lost to the Clippers in the next round, only winning one out of five games in the series. Westbrook is a nine-time NBA All Star, and was the league's MVP in 2017. Wall had a string of five straight All-Star appearances before injuries the last two seasons held him back. 738

The old king of mobile messaging is coming after the new king.BlackBerry filed a lawsuit in California on Tuesday against Facebook, along with its subsidiaries WhatsApp and Instagram, for infringing on its messaging patents.BlackBerry claims in the lawsuit that the social media companies developed messaging applications that "co-opt BlackBerry's innovations" by using patented features touching on security, the user interface, and battery life."We have a strong claim that Facebook has infringed on our intellectual property, and after several years of dialogue, we also have an obligation to our shareholders to pursue appropriate legal remedies," a spokesperson for BlackBerry said in a statement provided to CNN.Facebook brushed off the suit as little more than a desperate move from a fading company."Blackberry's suit sadly reflects the current state of its messaging business," Paul Grewal, Facebook's deputy general counsel, said in a statement. "Having abandoned its efforts to innovate, BlackBerry is now looking to tax the innovation of others. We intend to fight."Related: Is BlackBerry making a comeback?BlackBerry was an early leader in the messaging market with the success of its smartphones and BlackBerry Messenger product in the mid-2000s.The patents cited in the lawsuit describe foundational elements of today's messaging services. One patent deals with notifications for the total number of unread messages. Other patents address photo tagging and messaging time stamps.BlackBerry is seeking unspecified monetary damages. It also appears to be seeking a partnership."As a cybersecurity and embedded software leader, BlackBerry's view is that Facebook, Instagram, and WhatsApp could make great partners in our drive toward a securely connected future," the spokesperson said in the statement. "We continue to hold this door open to them."The-CNN-Wire? & ? 2018 Cable News Network, Inc., a Time Warner Company. All rights reserved. 1965

The holiday shopping season got off to a hot start on Friday as consumers flooded into stores and logged onto e-commerce sites in search of deals.Real-time figures from Mastercard show that overall sales are poised to hit billion on Black Friday alone. That's up about 9% from the day after Thanksgiving last year.Mastercard projects that overall holiday sales from November 1 through Christmas Eve should grow by 5% this year."We've gotten off to a very good start," said Steve Sadove, Mastercard senior advisor. "Both online and in-store sales are both tracking very well."More and more Black Friday shoppers are turning online to score discounts and deals.Adobe, which tracks online sales, reported that online purchases were up nearly 28% in the early hours of Friday morning.Very cold weather in the Northeast might be helping online sales growth on Friday, Mastercard's Sadove said.Electronics are a hot sellers. Adobe reported that the Nintendo Switch is the most popular item online, and Sadove said the new line of digital assistants and smart home products are attracting buyers.The strong holiday sales are being fueled in part by a healthy economy, which features low unemployment and some gains in average income. High levels of consumer confidence also help.In addition, the calendar is favorable for a strong holiday shopping season. Thanksgiving came earlier this year, and Christmas falls on a Tuesday. That schedule is expected to result in Sunday December 23 sales that match Black Friday sales figures.Without Toys "R" Us, which went out of business this past year, many retailers are looking for a toy boost.Sadove refers to as a "land grab" of retailers trying to up their toy offerings as a way to attract shoppers.Beyond the leaders - Walmart, Target and Amazon - Best Buy is also making a major push to sell toys. And grocer Kroger's is offering toys using the old Toys "R" Us Geoffrey the giraffe mascot with its "Geoffrey's Toy Box." 1972