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CNN is filing a lawsuit against President Trump and several of his aides, seeking the immediate restoration of chief White House correspondent Jim Acosta's access to the White House.The lawsuit is a response to the White House's suspension of Acosta's press pass, known as a Secret Service "hard pass," last week. The suit alleges that Acosta and CNN's First and Fifth Amendment rights are being violated by the ban.The suit is being filed in U.S. District Court in Washington, D.C. on Tuesday morning, a CNN spokeswoman confirmed.Both CNN and Acosta are plaintiffs in the lawsuit. There are six defendants: Trump, chief of staff John Kelly, press secretary Sarah Sanders, deputy chief of staff for communications Bill Shine, Secret Service director Joseph Clancy, and the Secret Service officer who took Acosta's hard pass away last Wednesday. The officer is identified as John Doe in the suit, pending his identification.The six defendants are all named because of their roles in enforcing and announcing Acosta's suspension.Last Wednesday, shortly after Acosta was denied entry to the White House grounds, Sanders defended the unprecedented step by claiming that he had behaved inappropriately at a presidential news conference. CNN and numerous journalism advocacy groups rejected that assertion and said his pass should be reinstated.On Friday, CNN sent a letter to the White House formally requesting the immediate reinstatement of Acosta's pass and warning of a possible lawsuit, the network confirmed.In a statement on Tuesday morning, CNN said it is seeking a preliminary injunction as soon as possible so that Acosta can return to the White House right away, and a ruling from the court preventing the White House from revoking Acosta's pass in the future."CNN filed a lawsuit against the Trump Administration this morning in DC District Court," the statement read. "It demands the return of the White House credentials of CNN's Chief White House correspondent, Jim Acosta. The wrongful revocation of these credentials violates CNN and Acosta's First Amendment rights of freedom of the press, and their Fifth Amendment rights to due process. We have asked this court for an immediate restraining order requiring the pass be returned to Jim, and will seek permanent relief as part of this process."CNN also asserted that other news organizations could have been targeted by the Trump administration this way, and could be in the future."While the suit is specific to CNN and Acosta, this could have happened to anyone," the network said. "If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials."During his presidential campaign, Trump told CNN that, if elected, he would not kick reporters out of the White House. But since moving into the White House, he has mused privately about taking away credentials, CNN reported earlier this year. He brought it up publicly on Twitter in May, tweeting "take away credentials?" as a question.And he said it again on Friday, two days after blacklisting Acosta. "It could be others also," he said, suggesting he may strip press passes from other reporters. Unprompted, he then named and insulted April Ryan, a CNN analyst and veteran radio correspondent.Trump's threats fly in the face of decades of tradition and precedent. Republican and Democratic administrations alike have had a permissive approach toward press passes, erring on the side of greater access, even for obscure, partisan or fringe outlets.That is one of the reasons why First Amendment attorneys say CNN and Acosta have a strong case.As the prospect of a lawsuit loomed on Sunday, attorney Floyd Abrams, one of the country's most respected First Amendment lawyers, said the relevant precedent is a 1977 ruling in favor of Robert Sherrill, a muckraking journalist who was denied access to the White House in 1966.Eleven years later, a D.C. Court of Appeals judge ruled that the Secret Service had to establish "narrow and specific" standards for judging applicants. In practice, the key question is whether the applicant would pose a threat to the president.The code of federal regulations states that "in granting or denying a request for a security clearance made in response to an application for a White House press pass, officials of the Secret Service will be guided solely by the principle of whether the applicant presents a potential source of physical danger to the President and/or the family of the President so serious as to justify his or her exclusion from White House press privileges."There are other guidelines as well. Abrams said the case law specifies that before a press pass is denied, "you have to have notice, you have to have a chance to respond, and you have to have a written opinion by the White House as to what it's doing and why, so the courts can examine it.""We've had none of those things here," Abrams said.That's why the lawsuit is alleging a violation of the Fifth Amendment right to due process.Acosta found out about his suspension when he walked up to the northwest gate of the White House, as usual, for a Wednesday night live shot. He was abruptly told to turn in his "hard pass," which speeds up entry and exit from the grounds."I was just told to do it," the Secret Service officer said.Other CNN reporters and producers continue to work from the White House grounds, but not Acosta."Relevant precedent says that a journalist has a First Amendment right of access to places closed to the public but open generally to the press. That includes press rooms and news conferences," Jonathan Peters, a media law professor at the University of Georgia, told CNN last week. "In those places, if access is generally inclusive of the press, then access can't be denied arbitrarily or absent compelling reasons. And the reasons that the White House gave were wholly unconvincing and uncompelling."The White House accused Acosta of placing his hands on an intern who was trying to take a microphone away from him during a press conference. Sanders shared a distorted video clip of the press conference as evidence. The White House's rationale has been widely mocked and dismissed by journalists across the political spectrum as an excuse to blacklist an aggressive reporter. And Trump himself has cast doubt on the rationale: He said on Friday that Acosta was "not nice to that young woman," but then he said, "I don't hold him for that because it wasn't overly, you know, horrible."Acosta has continued to do part of his job, contacting sources and filing stories, but he has been unable to attend White House events or ask questions in person -- a basic part of any White House correspondent's role.Acosta is on a previously scheduled vacation this week. He declined to comment on the lawsuit.On CNN's side, CNN Worldwide chief counsel David Vigilante is joined by two prominent attorneys, Ted Boutrous and Theodore Olson. Both men are partners at Gibson, Dunn & Crutcher.Last week, before he was retained by CNN, Boutrous tweeted that the action against Acosta "clearly violates the First Amendment." He cited the Sherrill case."This sort of angry, irrational, false, arbitrary, capricious content-based discrimination regarding a White House press credential against a journalist quite clearly violates the First Amendment," he wrote.David McCraw, the top newsroom lawyer at The New York Times, said instances of news organizations suing a president are extremely rare.Past examples are The New York Times v. U.S., the famous Supreme Court case involving the Pentagon Papers in 1971; and CNN's 1981 case against the White House and the broadcast networks, when CNN sued to be included in the White House press pool.The backdrop to this new suit, of course, is Trump's antipathy for CNN and other news outlets. He regularly derides reporters from CNN and the network as a whole.Abrams posited on "Reliable Sources" on Sunday that CNN might be reluctant to sue because the president already likes to portray the network as his enemy. Now there will be a legal case titled CNN Inc. versus President Trump.But, Abrams said, "this is going to happen again," meaning other reporters may be banned too."Whether it's CNN suing or the next company suing, someone's going to have to bring a lawsuit," he said, "and whoever does is going to win unless there's some sort of reason."The-CNN-Wire 8437
COLLEGE STATION, Texas -- Two sororities at Texas A&M University are forced to quarantine after having been exposed to COVID-19.The university announced the activities and members of Kappa Kappa Gamma and Delta Delta Delta are experiencing exposure to the virus.Texas A&M has initiated chapter-wide quarantine and contact tracing for those who live in the sorority houses or elsewhere and were in contact.The chapters have been responsive and are responsibly following required steps to continue operations, according to the university.Students, faculty, or staff who receive a positive diagnosis or believe they have been exposed to a positive case must complete a form through the university's reporting portal.Gatherings have also been restricted to 10 or fewer people.Texas A&M kicked off the fall semester both online and in-person on August 19.This story was first reported by Sydney Isenberg at KXXV in Waco, Texas. 942
CLEVELAND — Chadwick Boseman’s death is putting the spotlight on colorectal cancer.Doctors are concerned about the alarming increase in patients between the ages of 25 and 45 years old who are being diagnosed with colorectal cancer.“I’m seeing younger and younger patients. 22-year-olds, 25-year-olds, 26-year-olds, and it’s left all of us a little bit puzzled as to why this is happening,” said Dr. Alok Khorana with the Cleveland Clinic.Carole Motycka went to the doctor for shoulder pain four years ago.“He ordered some tests and it turned out I had a lot more going on than I anticipated,” Motycka said.Motycka was 42 years old when she was diagnosed with colon cancer. She is now on a mission to bring attention, awareness and education to the disease and the increase in younger patients.“Two decades ago, this was widely recognized as a disease in older people,” said Khorana. He said there has been a substantial increase. “Maybe 100% increase, but rates are still very low,” he explained.Colon cancer is much more common among older people. Black men also have higher rates of the disease.There has been a decrease in colon cancer rates among people 50 years old and above, while an increase in the 25-45 age group. Most young patients do not have a family history of the disease.Experts believe catching colon cancer early is the key to survival. But young people are typically diagnosed much later, and Khorana said the cancer seems to be more aggressive.Doctors don’t yet know what is causing the spike in young people.“There are a lot of clues. There’s been an obesity epidemic in the younger population that came 10 to 20 years before the rise in colon cancer,” said Khorana. “A second clue offered is antibiotic use in young people,” he added.Boseman, who played superhero Black Panther on screen, fought a battle off-screen against colon cancer privately for four years.“It’s sad to know it had to happen to have awareness take place but also it’s good to know we can have the conversation on a bigger platform and stage,” said Motycka.Click here for a look at symptoms of colon cancer. This story originally reported by Tracy Carloss on News5Cleveland.com. 2182
CINCINNATI — A Mason, Ohio woman said a "hero" tended to another woman who was suffering from seizures during a flight from Houston to Cincinnati on Sunday, and she wants to know why the pilot didn't land so the woman could get medical attention.Amy Hammond said a woman, who appeared to have a young boy with her, two rows in front of her began seizing as the plan was ascending out of Houston, about a minute or two after takeoff on United flight 3466. A man sitting nearby said he worked for a fire department and began to help her, despite being initially scolded for being in the aisle during the ascent, Hammond said. He asked if there was a doctor and then tended to the woman himself through seizures and periods of unresponsiveness. The good Samaritan helped the woman for more than two hours, according to Hammond."He 100 percent kept the plane calm," she said. "He kept us calm because he was so in control."The woman seized "dozens of times" during the flight, but the man would keep her breathing and wake her up, according to Hammond. About 40 minutes in, another person also stood up to help. She said they went through nearly two cans of oxygen from onboard the plane."He just kept her talking, kept right in her face, just kept her going," Hammond said. "And then he knew he was losing her and all this stuff. But by the end, we'd have like 50 seconds of her being unresponsive."A video Hammond posted on Facebook showing the man helping the seizing woman had been shared hundreds of times Monday afternoon.WARNING: The video may be disturbing to some viewers. 1605
CVS hears the Amazon footsteps -- and the pharmacy giant is wasting no time trying to get ahead of any Jeff Bezos plan to disrupt the drug store business the way that he has the rest of retail.CVS said Monday that it plans to offer next day delivery of prescription drugs nationwide in 2018. In some urban markets, CVS will even deliver on the same day.A program to deliver both medications and a select offering of other CVS products from the front of the store will begin in Manhattan on December 4.CVS CEO Larry Merlo made the announcements during the company's earnings conference call with analysts.The news comes just a few weeks after reports surfaced that Amazon had received wholesale pharmacy licenses in a dozen states.That move would potentially allow Amazon to sell prescription medications online.The speculation caused the shares of CVS and rival Walgreens to fall, as did pharmacy benefits manager company Express Scripts, a competitor of the CVS-owned PBM Caremark.The stocks of drug distributors Cardinal Health, AmerisourceBergen and McKesson all fell too.This is because investors are worried that Amazon, which is already changing the dynamics of the grocery business thanks to its acquisition of Whole Foods, may look to do the same for drug stores.But Merlo said during the call with analysts Monday that he still sees Amazon as more of a potential ally than threat."You would never close the door on any type of partnership," Merlo said, when asked by an analyst about possibly working with Amazon.Still, CVS seems to recognize that the health care landscape is changing rapidly, and it needs to adjust. There have even been recent rumors that CVS may look to buy health insurer Aetna.Aetna scrapped plans to merge with rival Humana earlier this year due to intense regulatory scrutiny. Another insurer merger proposed by Anthem and Cigna died as well.Since then, the lines between health insurers and the pharmacy giants have grown increasingly blurred and incestuous.Anthem recently started up its own PBM, called IngenioRX, and has partnered with CVS.And Walgreens has partnered with a Blue Cross-backed PBM Prime Therapeutics to form a new mail order pharmacy company.Merlo and other CVS executives did not address any of the Aetna chatter on the conference call.But if the rumors are true -- and if an Aetna deal passed antitrust scrutiny -- then CVS appears to be on its way towards building a formidable health care/retail giant that may avoid getting Amazon-ed. 2507