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OCEANSIDE, Calif. (KGTV) — Defense attorneys for 15 Marines accused of human smuggling said they hope the judge dismisses the case.The attorneys argued that the Commander illegally used his power to discipline the Marines publicly, and therefore influenced the outcome of the case.It was a very public display of discipline.Fifteen Camp Pendleton Marines were cuffed and taken away by NCIS agents in front of an 800-person battalion formation in July. They were accused of human smuggling and conspiracy.But now, attorneys representing a few of the accused Marines said the public arrests violated their rights. Now, they are filing what's called an "undue command influence" motion against the Battalion Commander who led the formation."Anytime you have a Commander who is in a position of leadership who potentially affects a subordinate's rights to a fair trial, that can be viewed as potential 'undue command influence,'" military attorney Gary Barthel explained. "This motion for 'undue command influence' was made against the Battalion Commander for making comments and parading the 15 individuals out for what was supposed to be a recognition, and they were ultimately arrested." Barthel is a former legal advisor to Camp Pendleton's Commanding General. He said a Commanding Officer's job is to maintain good order and discipline their command. But in military law, they also wear the prosecutor and jury selector hats."Those two hats can clash," Barthel said. "That's why it's important for Commanding Officers to be careful what they say with regard to their views of the military justice system, or their views of a particular individual who has been accused of an offense."The defense team said the Commander used his power to influence the outcome of the case unfairly. But Barthel said in his experience with 'undue command influence' cases, he believes the military has likely already taken the Commander in question off the case."You can take the individual that allegedly made the statements involved out of the process, and that keeps the process fair and impartial," Barthel said. "I'm not sure that this is going to be a successful motion for 'undue command influence.'"The Marine Corps responded to a 10News inquiry regarding a video of the public arrests. They said: 2295
OAKLAND, Calif. (AP) — Facebook has banned an extremist anti-government network loosely associated with the broader “boogaloo” movement, a slang term that supporters use to refer to a second Civil War or a collapse of civilization.But the platform didn’t try to name the group, underscoring the difficulty of grappling with an amorphous network linked to a string of domestic terror plots that appears to obfuscate its existence.Facebook designated the movement as a dangerous organization similar to the Islamic State group and white supremacists, both of which it already bans.Facebook says it is removing groups, accounts and pages when they have a “clear connection to violence or a credible threat to public safety.” The company says it has removed 220 Facebook accounts, 95 Instagram accounts and 106 groups that comprise the “US-based anti-government network.”Additionally, Facebook says it has removed 400 groups and over 100 other pages for violating its “Dangerous Individuals and Organizations” policy, because they hosted similar content as the violent network.“So long as violent movements operate in the physical world, they will seek to exploit digital platforms,” wrote Facebook. “We are stepping up our efforts against this network and know there is still more to do.” 1293

OCEANSIDE (KGTV) -- For as long as he can remember, Pino Batallico loved the atmosphere of restaurants. He shared a picture with 10News of him working behind the bar of a restaurant in Italy when he was 8-years-old. He made 25 cents a week.Batallico was born and raised in Italy. All his relatives are still in his home country. He is devastated to see how the Coronavirus pandemic has affected it, with more than 12,000 deaths so far.“I think it’s very scary. It breaks my heart,” Batallico said. In Oceanside, he is feeling the effects of the pandemic through his restaurant Venetos. Pino and his employees still cook up good meals for anyone who wants them.“It doesn't matter if I have a penny or not. I'll still be here,” Batallico said. He said his business is down about 75 percent since the countywide order that prohibits dine-in service at restaurants. He is trying not to lay off any of his 11 employees, although he has had to cut his restaurant’s hours. The restaurant is a place he loves with customers who love him back.“He’s like a brother from another mother!” said customer and now friend, Jesse Teves. Teves said he met Batallico more than 20 years ago. Teves has celebrated important milestones over the years at Pino’s former restaurant in Encinitas and now at Venetos. “He's very humble. He always looks out for the customer,” Teves said. “It just naturally happened that we bonded and he became family.”Batallico said he will cook any Italian dish the customer wants, even if it is not on the menu. Like so many others, he is trying to survive with take out and delivery orders.“Whatever you like to do, we will do for you… to be safe,” Batallico said.His restaurant is open Wednesday through Sunday from 11 a.m. to 9 p.m. On Monday and Tuesday, it is open from 4 to 9 p.m. 1803
OROVILLE, Calif. (AP) — Officials at the nation's tallest dam unleashed water down a rebuilt spillway Tuesday for the first time since it crumbled two years ago and drove hundreds of thousands of California residents from their homes over fears of catastrophic flooding.Water flowed down the spillway and into the Feather River as storms this week and melting snowpack are expected to swell the lake behind Oroville Dam in the foothills of the Sierra Nevada, said Molly White, principal engineer with the California Department of Water Resources.The spring storms follow a very wet winter that coated the mountains with thick snowpack, which state experts will coincidentally measure Tuesday to determine the outlook for California's water supplies. Heavy winter rain and snow has left the state drought-free for the first time since December 2011, experts say.The dam's main spillway "was designed and constructed using 21st century engineering practices and under the oversight and guidance from state and federal regulators and independent experts," Joel Ledesma, deputy director of the department's State Water Project, said in a statement."We spent the last two years restoring full functionality of the spillway. We expect it to run as designed," Ledesma said during a news conference.The original spillway on the 770-foot-high (235-meter) dam, which is 150 miles (241 kilometers) northeast of San Francisco, was built in the 1960s.In early 2017, storms drenched the state and the massive spillway broke apart as it carried heavy flows.Dam operators reduced the flow and allowed water to run down an emergency spillway — essentially a low area on the reservoir's rim — but the flow began eroding the earthen embankment that had never been used. Authorities suddenly had to order an evacuation of nearly 200,000 people living in communities downstream.The threat of a dam collapse that would unleash a torrent of water did not happen, however, and people were allowed to go home days later.In January 2018, an independent panel of dam safety experts released a nearly 600-page report that blamed the crisis on "long-term and systemic failures" by California dam managers and regulators to recognize inherent construction and design flaws in the dam.Repairs have cost .1 billion. California requested about 9 million from the Federal Emergency Management Agency for the fixes, but the federal government has rejected 6 million of those reimbursements. U.S. officials say the dam's upper gated spillway was damaged prior to the heavy rain two years ago.Local water agencies are already paying some of the repair costs, and they would cover anything not paid by the federal government. 2703
Oprah Winfrey first bought Weight Watchers stock in October 2015 for .5 million. Her investment is now worth more than 0 million.Not too shabby, huh? Winfrey's decision to invest in Weight Watchers nearly two and a half years ago has turned out to be a great move for her — and anyone else who bought the stock when Winfrey did and has been along for the ride ever since.Weight Watchers has pretty consistently reported earnings and sales that topped forecasts over the past few quarters, as well as big gains in subscribers. Weight Watchers did so again late Thursday, and the stock surged 5% on Friday as a result.Winfrey, who is also on the company's board and is featured in Weight Watchers ads, clearly deserves some credit for that.Weight Watchers has also benefited from its new Freestyle program, which expands the company's famous "zero points" offerings beyond fruits and vegetables to eggs, beans, chicken and seafood.CEO Mindy Grossman, who took over the top spot at Weight Watchers last year after a long stint as the head of retailer HSN, is also doing a great job convincing people that it's not just about counting calories, points and pounds.Grossman told analysts on a conference call in late February that "healthy is the new skinny," and she made a similar point after Thursday's earnings report."Our purpose is to inspire healthy habits for real life for people, families, communities, the world," Grossman said. She added that "we want to own the healthy kitchen" and "make healthy cooking accessible to everyone."That strategy is clearly working. The company has attracted more men lately because of the new Freestyle offering. Actor and writer Kevin Smith, celebrity chef Eric Greenspan and music mogul DJ Khaled are all endorsing Weight Watchers.But as the stock price of Weight Watchers has climbed, Winfrey has actually taken some of her Weight Watchers chips off the table recently.She still owns nearly 5.5 million shares. But she sold about 2 million in March at prices ranging from about to a share. She made 0 million in the process.Winfrey also donated more than 360,000 shares to her charitable organization.Investors aren't worried about the stock sales, though. Weight Watchers shares were trading around Friday and are up an astonishing 70% this year. Winfrey invested in the stock when it was trading for less than .If this whole media mogul/actress thing doesn't work out for Winfrey, it looks like she could be a top notch hedge fund manager or venture capitalist. 2541
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