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Walmart is suing the U.S. government in a pre-emptive strike in the battle over its responsibility in the opioid abuse crisis.The government is expected to take civil action against the world’s largest retailer, seeking big financial penalties, for the role its pharmacies may have played in the crisis by filling opioid prescriptions.But on Thursday, Walmart filed a lawsuit saying that the Justice Department and the Drug Enforcement Administration are blaming the company for the government’s own lack of regulatory and enforcement policies to stem the crisis.Walmart says it is seeking a declaration from a federal judge that the government has no lawful basis for seeking civil damages from the company. It is also seeking to clarify its legal rights and duties under the Controlled Substance Act.Walmart operates more than 5,000 pharmacies in its stores around the country.“Walmart and its pharmacists find themselves in an untenable position,” the company based in Bentonville, Arkansas, says in the lawsuit filed in the U.S. District Court in the Eastern District of Texas. “Under defendants’ sweeping view, Walmart and its pharmacists may be held liable — perhaps even criminally — for failing to second-guess DEA-registered doctors and refuse their prescriptions. But if pharmacists do so, they may face the wrath of state medical boards, the medical community at large, individual doctors, and patients.”Walmart says in the suit that the Justice Department identified hundreds of doctors who have written problematic prescriptions that Walmart’s pharmacists allegedly should not have filled. But nearly 70% continue to have active registrations with the DEA, the lawsuit says.“In other words, defendants want to blame Walmart for continuing to fill purportedly bad prescriptions written by doctors that DEA and state regulators enabled to write those prescriptions in the first place and continue to stand by today,” the suit says.The lawsuit names the Justice Department and Attorney General William Barr as defendants. It also names the DEA and its acting administrator, Timothy Shea.In the suit, Walmart describes a government probe of the company that began in December 2016 and calls it a “misguided criminal investigation” conducted by the U.S. Attorney’s office for the Eastern District of Texas. Walmart says it fully cooperated with the probe.In the spring of 2018, the office advised that it intended to indict the company. In August 2018, Walmart said that officials at the Department of Justice recognized that there was no plausible basis for a criminal indictment, and the department formally declined to prosecute Walmart. But the civil investigation continued.The initial investigation was a subject of a story in ProPublica published in March. ProPublica reported that Joe Brown, then U.S. attorney for the Eastern District of Texas office, spent years pursuing a criminal case against Walmart for its opioid prescription practices, only to have it stymied after the retail giant’s lawyers appealed to senior officials in the Justice Department.Two months later, Brown resigned. He didn’t give a reason for his departure except to say he would be “pursuing opportunities in the private and public sectors” and “some of those will become apparent in the coming days. Brown went into private practice in the Dallas areaA spokeswoman for the U.S. attorney’s office in Texas that handled the investigation referred questions to the Justice Department in Washington. The Justice Department declined to comment. 3541
WASHINGTON — The Justice Department has unsealed charges against a Libyan bombmaker in the December 21, 1988 explosion of Pan Am Flight 103 over Lockerbie, Scotland. The attack killed 259 people in the air and an additional 11 on the ground in the town of Lockerbie. The flight was leaving London's Heathrow International Airport heading to New York's John F. Kennedy International Airport. Most of those onboard were Americans. "There is no question that the Pan Am 103 attack was aimed at the United States. And this heinous assault lives in infamy in the collective memory of the American people," Attorney General William Barr said during a Monday press conference unsealing the charges. Barr unsealed charges against Abu Agila Mohammad Masud, who officials believe is in Libya.Forensic investigators determined plastic explosive had been detonated in the Boeing 747's cargo hold.The charges were announced on the 32nd anniversary of the bombing and in the final news conference of Attorney General Barr’s tenure, underscoring his personal attachment to a case that unfolded during his first stint at the Justice Department under President George H.W. Bush. 1170

WASHINGTON — A foreign dignitary who is expected to visit the United States and other countries Thursday night will have special protection from the Secret Service.On Wednesday, the agency announced the activation of protection for "Mr. S. Claus, codename 'Big Red'."According to the Secret Service, Wednesday's announcement follows a similar announcement from the Director of the agency.Further updates on protections for "Big Red" are expected to be released on social media via the #BigRedDetail hashtag. 515
VISTA (CNS) - Ex-NFL tight end Kellen Winslow II, who is awaiting trial on charges of raping two women in Encinitas and raping an unconscious teenage girl, is being held without bail on newly filed misdemeanor charges related to alleged lewd conduct with a 77-year-old woman at a Carlsbad gym.Winslow, who had been out of custody on million bail in connection with his felony case, is accused of touching himself and asking the woman if she liked it on Feb. 13, then groping her while she was in a hot tub at the same gym on Feb. 22, according to police and prosecutors.The 35-year-old son of former San Diego Chargers legend Kellen Winslow, who's being held at the Vista Detention Facility, pleaded not guilty Monday to a pair of lewd conduct counts and one count each of elder abuse and battery of an elder.He faces life in prison if convicted in the felony case, which involves allegations that he raped a 17-year-old girl in 2003 at a home in Scripps Ranch; lured a 54-year-old transient -- who was hitchhiking -- into his Hummer for a ride, then raped her on March 17, 2018; and that he raped a 59- year-old homeless woman on May 13, 2018, then threatened to kill her if she told anyone.He appeared in a Vista courtroom today on a defense motion to dismiss the felony complaint, in which he's charged with kidnapping, forcible rape and rape of an unconscious person. A judge denied the request with the exception of one kidnapping count, finding insufficient evidence that the victim was transported under force or fear prior to the alleged rape.Deputy District Attorney Dan Owens said that he will seek to have the misdemeanor counts consolidated into the main case during Winslow's next court hearing on March 29.Winslow II grew up in San Diego and attended the University of Miami. He played for four NFL teams between 2004 and 2013. 1852
WASHINGTON — It's become a pattern when unrest flares in a city: President Donald Trump suggests he has National Guard troops ready to send to the scene and takes credit for dispatching them and restoring calm while he accuses Democrats of being squishy on law and order.That's a distortion.Trump omits the fact that he is largely a bystander in National Guard deployments. While presidents can tap rarely used powers to use federal officers for local law enforcement, there is no National Guard with national reach for Trump to send around the country.And when violence broke out in Kenosha, Wisconsin, a week ago, Trump's demand that National Guard troops be used came a day after the Democratic governor had already activated them.National Guard units in each state answer to the governor and sometimes state legislatures, not to the president. When National Guard forces from outside Wisconsin came in to help, it was because the governor has asked for that help from fellow governors, not the White House.You would know none of this from Trump's Twitter account and much of his other rhetoric in recent weeks as he has assailed Democratic officials in Minnesota, Oregon and Wisconsin for not doing enough quickly enough to stem violence..Here's how Trump's words played against reality after a Kenosha, Wisconsin, police officer shot Jacob Blake, sparking protests and yet more violence over police actions and racism:TRUMP, TUESDAY, AUG. 25: “Governor should call in the National Guard in Wisconsin. It is ready, willing, and more than able. End problem FAST! ”THE FACTS: Although Trump was within his right to urge use of the National Guard, he did not seem up to speed on the fact it had already happened.On Monday, Aug. 24 — the day after Blake's shooting — Gov. Tony Evers issued a statement saying that at the request of local officials, he had “authorized the Wisconsin National Guard to support local law enforcement in Kenosha County to help protect critical infrastructure and assist in maintaining public safety and the ability of individuals to peacefully protest.”On that Tuesday night, when police say a 17-year-old armed civilian shot and killed two protesters, Wisconsin National Guard troops were on the ground.___TRUMP, WEDNESDAY, AUG. 26: “TODAY, I will be sending federal law enforcement and the National Guard to Kenosha, WI to restore LAW and ORDER!”THE FACTS: The statement that he was sending the National Guard is false.The statement that he would send federal law enforcement is true. The federal government sent deputy marshals from the U.S. Marshals Service and agents from the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives, about 200 in all.Meantime the governor declared a state of emergency and kept increasing the numbers of deployed Wisconsin National Guard troops while saying he was working with other states to get “additional National Guard and state patrol support.”The next day, Thursday, Evers announced that National Guard troops from Arizona, Michigan and Alabama were coming and would operate under the control of those states and Wisconsin, “not in a federal status.”___TRUMP, FRIDAY, AUG. 28: “Success: Since the National Guard moved into Kenosha, Wisconsin, two days ago, there has been NO FURTHER VIOLENCE, not even a small problem. When legally asked to help by local authorities, the Federal Government will act and quickly succeed. Are you listening Portland?"THE FACTS: This statement falsely insinuates that the federal government sent the National Guard and took care of the problem. He also implies that Portland, Oregon, was dragging its feet in having federal authorities do the same there.In Wisconsin, officials said the ranks of the Guard had swollen to 1,000 in Kenosha and more were coming from the three states tapped to help.___TRUMP, SATURDAY, AUG. 29: “Kenosha has been very quiet for the third night in a row or, since the National Guard has shown up. That’s the way it works, it’s all very simple. Portland, with a very ungifted mayor, should request help from the Federal Government. If lives are endangered, we’re going in! ”THE FACTS: Another boast based on the falsehood that Trump sent in the Guard to Kenosha.That night, in Portland, a skirmish broke out between Trump supporters and counterprotesters, and afterward a right-wing Trump supporter was fatally shot.___TRUMP, AUG. 30, referring to Portland: “The National Guard is Ready, Willing and Able. All the Governor has to do is call!”THE FACTS: No, calling the White House is not what governors do when they want National Guard help. They call other governors. In earlier protests in Portland, Seattle and Washington, D.C., Trump sent security teams from federal agencies over the objections of local leaders.___TRUMP, MONDAY: “If I didn’t INSIST on having the National Guard activate and go into Kenosha, Wisconsin, there would be no Kenosha right now. Also, there would have been great death and injury. I want to thank Law Enforcement and the National Guard.”THE FACTS: He insisted on action that the governor had already taken and claims a success he did not earn. 5127
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