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The New York state attorney general's civil lawsuit against the Donald J. Trump Foundation, President Donald Trump and his three eldest children can proceed after a state court judge on Friday denied their motion to dismiss the case.In her decision, Justice Saliann Scarpulla ruled that a sitting president can face a civil lawsuit in state court for actions not taken in his official capacity. That ruling puts Scarpulla in agreement with another recent ruling against Trump, a decision in the defamation lawsuit brought against him by Summer Zervos, a former contestant on "The Apprentice."And, Scarpulla said, it is in line with the US Supreme Court's 1997 ruling concerning President Bill Clinton in response to Paula Jones' sexual harassment lawsuit."Allowing this action to proceed is entirely consistent with the Supreme Court's holding in Clinton v. Jones that the President of the United States is 'subject to the laws for his purely private acts,'" Scarpulla wrote.As she did in court in October, the judge noted that Trump has appealed the Zervos decision, and if the appeals court rules in his favor, the attorney general's office would likely need to amend its lawsuit to remove Trump himself as a defendant.The Trump Foundation case is being considered in the New York Supreme Court, the state's trial court.The suit, filed in June, names as defendants the foundation, Trump and his children Eric, Donald Jr. and Ivanka Trump, all of whom sat on the charity's board. It alleges that they violated federal and state charities law with a "persistent" pattern of conduct that included unlawful coordination with the 2016 Trump presidential campaign.The attorney general's office, led by Barbara Underwood, is seeking to dissolve the Trump Foundation and wants .8 million in restitution, plus additional penalties. The office is also seeking to ban Trump from serving as a director of any New York nonprofit for 10 years and to prohibit the other board members, the Trump children, from serving for one year."As we detailed in our petition earlier this year, the Trump Foundation functioned as little more than a checkbook to serve Mr. Trump's business and political interests," Underwood said in a statement Friday. "There are rules that govern private foundations — and we intend to enforce them, no matter who runs the foundation."An attorney for the defendants, Alan Futerfas, said "the decision means only that the case goes forward. As we have maintained throughout, all of the money raised by the Foundation went to charitable causes to assist those most in need."He added: "As a result, we remain confident in the ultimate outcome of these proceedings."The judge gave the defendants 45 days to respond to the lawsuit. 2745
The majority of Americans typically don’t use all their paid time off. That’s been a worrying trend in past years that could lead to potential burnout or resentment as employees don’t take full advantage of compensation they’re entitled to.But in a year where people traveled significantly less than they used to, millennials are actually taking more time off for the 2020 holidays than they did in past years.This December, 50% of millennials say they plan on taking more time off from work than previous years. And these days, it’s mainly to de-stress from 2020. That’s according to data collected as part of the December 2020 Amex Trendex report, which in November 2020 polled 2,000 U.S. adults who traveled by air at least once in 2019 and have an annual household income of at least ,000.That demographic includes people like Jeff McNeal, a self-described “prototypical millennial side hustler” who works full-time as a project manager for a commercial roofing company and runs a small business selling crickets online. It’s been a year of ups and downs for Pennsylvania-based McNeal, who said business at his roofing company tanked early in the pandemic when most business came to a standstill. But regular roof work still needs to get done, which led to twice the usual work in the second half of the year.“In mid-July, people started asking for site visits,” McNeal says. “I was finally getting work, which was great. But then next thing I know, I’m getting too much business. Now, I’m like, how am I going to get this all scheduled? We were working weekends, second shifts and oddball hours. But we had to because we were trying to make up for a lost quarter of revenue.”His cricket business has had equal ups and downs. All that, plus 35-year-old McNeal is a dad of three kids under the age of nine.“During the last two weeks of December, all I’m doing is lounging around my house in my sweatpants,” he says. “I’ll do some occasional chores, but aside from that, I plan on sleeping in and getting caught up with TV shows I’ve missed out on and books I haven’t had a chance to read.”De-stressing from everything 2020When Teena Merlan takes a staycation, it’s typically one day off at a time for self-care, like a trip to the spa. This December, spas are closed where she lives in California due to COVID-19 restrictions. Instead, she’s taking time off from her job working in product management at a startup to stay at home. She has no plans of how she’ll spend the time, aside from putting the finishing touches on a book about minimalism that she’s set to publish soon.“This year has been so difficult,” Merlan says. “What wasn’t stressful about 2020? The election. Civil unrest. Pandemic. Family issues. My husband’s company had layoffs. Any one of those things is difficult on its own, but with everything piled on top of everything else, it’s just a heavy burden.”Merlan said this year made her even more aware of the fact that no job is ever secure, which in turn also made her more aware of the importance of one of her company’s benefits — unlimited paid time off.“I want to take advantage of being able to take time off and still get paid for it,” she says. “I just really need to unwind.”Staycations at a hotel, 15-minutes awayCorritta Lewis was one of the millions of Americans who lost her job during the pandemic. With no job, Lewis packed up her family and moved to Mexico — a big reason being that she said she could reduce her cost of living by 75%.While Mexico has been a positive for Lewis and her family, it’s also brought its own challenges: She’s already gone through two hurricanes in the four months since living there, and she’s learning to adapt to cultural differences, like the fact that her new home has no oven (something common to Mexican homes).Since moving to Mexico, she’s found a California-based job that allows her to work remotely. While she’s relieved to have a job, she’s now navigating working at a new company, living in a new country and raising a two-year-old.Lewis, who runs a travel blog on the side, will still be “traveling” in a sense this December, but there’s no airplane — or even a car — involved. Lewis, her wife and son will spend the holidays at an all-inclusive resort located just a 15-minute walk from their home.Lewis doesn’t usually stay at all-inclusive hotels, and she describes herself as “kind of cheap.” But with no need to cook or clean, plus free babysitting services at the resort, Lewis decided it was worth it to end 2020 on a more relaxing note.Still, she wonders if taking time off so quickly after starting a new job is the right thing to do.“There’s a little bit of guilt there, even with the full disclosure to my company that this was planned ahead of time,” she says. “But especially this year, we’ve learned how important it is to spend time with family.”Millennials are catching up to older generationsIt’s not that people don’t take days off because they don’t have paid time off available. On average, employees earned 23.9 days of PTO in 2018, according to 2019 research from the U.S. Travel Association, Oxford Economics and Ipsos. But those days aren’t being used, and U.S. workers are actually using a lesser share of their days off — 27.2% of PTO went unused in 2018, up from 25.9% in 2017.Still, the bulk of vacation days that are used are being taken by older workers. Only 21% of millennials took 10 to 19 days off in 2018 versus 35% of baby boomers. So, in some ways, millennials are simply catching up to older generations in terms of taking time off.A millennial trendBut the trend of taking time off of work specifically to de-stress in December is largely unique to millennials. While 50% of millennials said they’d be taking more time off work this December than in previous years to de-stress from 2020, just 31% of all adults surveyed said the same.Consider it one more thing to add to the list of positive trends to come out of 2020, like waived airline change fees, improved hotel cancellation policies and better airplane sanitization. And perhaps more encouraging — those same millennials are already planning travel for the 2021 holiday season.“I’m excited for my staycation because I can lounge around, but this won’t be permanent,” McNeal says. “I want to get out again.”For Lewis, that means achieving a goal to hit every Legoland theme park in the world. They visited Legoland California during the 2019 holiday season and managed to get to Legoland Florida during the pandemic. Next year, she hopes it’s safe to travel beyond North America, as she’s got her eyes on the theme parks in Japan and Denmark.“We want to travel around the world,” Lewis says. “Our destinations may change slightly, but we are absolutely going to do it.”More From NerdWalletNerdWallet Travel Writers Offer Their 2021 ResolutionsChange of Plans: How the Pandemic Disrupts Holiday TravelHow to Make Use of the Points and Miles From a Deceased Family Member’s AccountSally French writes for NerdWallet. Email: sfrench@nerdwallet.com. Twitter: @SAFmedia. 7053

The mother of Breonna Taylor wrote an open letter to President-elect Joe Biden calling on him to make criminal justice reforms and to open federal investigations into several high-profile police-involved deaths.“For many Americans, a vote for you was a vote for Breonna, Jacob Blake, Casey Goodson and so many others who have been failed repeatedly by the criminal justice system under the current administration,” Tamika Palmer wrote. “These victims could not vote for you – so millions of us did so on their behalf.”The letter was a full-page ad in the Washington Post Tuesday, and was reportedly paid for by the Grassroots Law Project.Palmer’s daughter was killed in March when Louisville police fired dozens of rounds into her apartment in an early morning warrant search.Shaun King, co-founder and Executive Director of Grassroots Law Project, shared an image of the open letter, saying Palmer “not only calls on Biden to prosecute the officers who murdered Breonna, but to bring about the change & justice he promised her.” 1041
The political ramifications of Ruth Bader Ginsburg’s death on Friday will likely ripple into November and beyond.Her death coming in the final two months of the 2020 presidential election will bring up considerable questions on who will replace her, especially given the divided nature of the Supreme Court.The court, which has seen its share of 5-4 decisions in recent years, could become a reliably conservative court for years to come if President Donald Trump is able to push through a nominee leading up to the election.Currently the court holds five Republican-appointed justices and three Democratic-appointed justice, but Chief Justice John Roberts, appointed by George W. Bush, has sometimes been a swing vote, siding with the liberals.But one person who is opposing a last-minute appointment to the bench was apparently Ginsburg herself.Dictating a statement to family that was released to NPR, Ginsburg said, “My most fervent wish is that I will not be replaced until a new president is installed.”In 2016, conservative Justice Antonin Scalia's death came nine months before the presidential election, and became a focal point of that year's election. President Barack Obama attempted to fill the seat, but Republicans in the Senate blocked the appointment.Senate Minority Leader Chuck Schumer reminded Senate Majority Leader Mitch McConnell on Friday of that fact.“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president,” Schumer tweeted, which were the exact words used by McConnell in 2016.On Friday, McConnell confirmed that a potential nominee would get a vote in the Senate, but there are questions on whether a potential nominee would have enough support to be confirmed. "President Trump’s nominee will receive a vote on the floor of the United States Senate," McConnell said. McConnell said this situation is different because Republicans control the White House. "Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise," McConnell said.Just last week, Trump released a list of potential Supreme Court nominees. That list can be seen here.Joe Biden agreed with Schumer. "The voters should pick a President, and that President should select a successor to Justice Ginsburg," Biden said. "This was the position that the Republican Senate took in 2016, when there were nearly nine months before the election. That is the position the United States Senate must take now, when the election is less than two months away. We are talking about the Constitution and the Supreme Court. That institution should not be subject to politics."HOW A SUPREME COURT JUSTICE IS CONFIRMED- The president nominates a replacement to be vetted by the Supreme Court.- After vetting the nominee, the Senate may take a vote to accept the nomination. The vote nomination must have 51 votes in order to pass. If there is a tie, the vice president can vote to break a tie.- There are 53 Republicans in the US Senate. It would take four Republicans to vote in opposition in order for a potential nominee not to be approved. 3322
The mother of a Florida child who was punched in the face by an adult is wondering why the man was not arrested. “He was screaming at us, cursing at us, calling us the 'n-word' and he came down to the middle of his yard, and I was like 'who are you talking too,' and he said 'come within arm's reach and I'll show you who I'm talking to,'" said Malikai Villatte, the 12-year-old boy who was punched. A picture of Malikai after the incident showed his two front teeth were knocked out. The young boy also received stitches to heal a gash on his mouth. “When I realized my teeth were dangling in my mouth it was kind of shocking, I didn't know what was going on," Malikai said. “It was like a nightmare, I just knew I had to get there and I had to get there fast," said Malikai's mother Brittany Graham. His parents are upset because the man who punched Malikai was not arrested. Lataevion Graham, 13, says he witnessed the incident and claims Cerfalo spat on them after punching Malikai. Graham's father says he wants justice for the children. “Where it is okay for an adult to take the law into their own hands, and to strike a kid hard enough to knock out his teeth. Where is that acceptable, in what country is that acceptable?" said Larry Graham. According to a Charlotte County Sheriff’s Office incident report, the man who punched Malikai was 27-year-old Vincent Cerfalo.“Originally this is where the altercation took place, right here," Cerfalo said.“I told them to back off and if they come on my property I'm going to defend myself. They said, 'you won't hit us, you won't hit us,' and they started to surround me," said Cerfalo. He says it all started when he yelled at the kids to get out of the road because they were blocking traffic.A cellphone video captured the moments after Malikai was punched. Cerfalo claims he was acting in self defense.“He touched me and I lifted my hand out, and I ended up hitting him. It was not my intention to hit anybody that hard, it was not my intention to knock teeth out or do harm, or cause any kind of trouble,” Cerfalo said.The children say no one touched Cerfalo at any time during the incident. Cerfalo says he never expected things to escalate to violence. He now plans to press charges against 12-year-old Malikai for assault, which the child’s parents can’t understand. “He's not going to jail, nothing is happening to him and he's basically getting away with it right now," Malikai said.“I want the man in jail," said Brittany Graham. The case has been sent to the state attorney’s office, which will determine if a summons will be issued to Malikai for assault. 2750
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