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SACRAMENTO, Calif. (AP) — California lawmakers want the state Attorney General to investigate all police shootings that kill an unarmed civilian. The bill is one of the highest-profile reforms filed this year in response to the killing of George Floyd while in police custody. The Senate OK'd the bill Sunday despite opposition from Attorney General Xavier Becerra, who has called it “untenable and unreasonable.” He says it would cost his office up to million a year. But the bill easily passed the Senate with bipartisan support and is now headed toward a final vote in the state Assembly. 603

Rudy Giuliani's assertion to CNN this week that President Donald Trump can't be indicted by the special counsel, and thus can't face a subpoena, banks on a series of internal Justice Department policies.The question to this day is untested in the court system. Yet the step-by-step process Robert Mueller or any special counsel could follow for a President under investigation has several possible outcomes.According to several legal experts, historical memos and court filings, this is how the Justice Department's decision-making on whether to indict a sitting president could play out:First, there must be suspicion or allegations of a crime. Did the President do something criminally wrong? If the answer is no, there would be no investigation.But if the answer is maybe, that puts federal investigators on the pursuit. If they find nothing, Justice Department guidelines say they'd still need to address their investigation in a report summarizing their findings.If there could be some meat to the allegations, the Justice Department would need to determine one of two things: Did the potentially criminal actions take place unrelated to or before to the presidency? Or was the President's executive branch power was crucial in the crime?That determination will come into play later, because Congress' power to impeach and remove a president from office was intended by the framers of the Constitution to remedy abuse of the office, legal scholars say.Perhaps, though, the special counsel decides there's enough evidence to prove that the President broke the law.That's where the Office of Legal Counsel opinions come in.In 1973 and 2000, the office, which defines Justice Department internal procedure, said an indictment of a sitting president would be too disruptive to the country. This opinion appears to be binding on the Justice Department's decision-making, though it's possible for Deputy Attorney General Rod Rosenstein to choose to override the opinion, give Mueller permission to ignore it and take it to court, or ask the office to reexamine the issue by writing a new opinion.This sort of legal briefing has been done before, like in the year after the 1973 opinion, when then-special prosecutor Leon Jaworski wrote a Watergate-era memo describing why the President should not be above the law.Of course, there's another immediate option if a special counsel finds the President did wrong. Prosecutors could use the "unindicted co-conspirator" approach. This would involve the special counsel's office indicting a group of conspirators, making clear the President was part of the conspiracy without bringing charges against him.At any time, in theory, a special counsel could decide to delay an indictment until the President leaves office -- so as not to interfere with the functioning of the executive branch. The other options would be to drop the case or send an impeachment referral to Congress. As evidenced by Mueller's actions previously in the investigations of Trump's personal attorney Michael Cohen and former campaign chairman Paul Manafort, any steps this special counsel takes will likely come with the full support of the acting attorney general on the matter, Rosenstein.The question of whether a President could be subpoenaed is a story for another day. 3303

SACRAMENTO, Calif. (AP) — California had a near-record number of daily coronavirus deaths as pandemic cases strained hospitals and reduced normal intensive care space to a record low. Yet Gov. Gavin Newsom said Wednesday that there are hints residents may be heeding medical officials’ increasingly desperate calls for caution during the holidays. The transmission rate has been slowing for nearly two weeks. The rate of positive cases reached a new high of 12.3% over a two-week period but was starting to trend down. Yet the state's worst surge is taking a horrendous toll that threatens to only worsen if people gather during the holidays. 650

SACRAMENTO (KGTV) -- California's attorney general disclosed an ongoing probe into Facebook's privacy practices Wednesday, as it sued the company over its repeated refusal to turn over documents and answer questions.California Attorney General Xavier Becerra said his probe has been going on for more than a year. He said he was disclosing it now because his office was making a public court filing to force the company to comply with subpoenas and requests for information."Facebook is not just continuing to drag its feet in response to the Attorney General's investigation, it is failing to comply," the lawsuit said.The lawsuit was filed in state Superior Court in San Francisco.The California probe, one of many legal and regulatory inquiries into Facebook, began as a response to the Cambridge Analytica scandal and grew into an investigation into whether Facebook misrepresented its privacy practices, deceived users and broke California law.Cambridge Analytica, a data mining firm, gathered details on as many as 87 million Facebook users without their permission. The Federal Trade Commission fined Facebook billion this summer for privacy violations in an investigation that also grew out of that scandal. California officials say questions have been raised about what Facebook knew and why it didn't prevent third parties such as Cambridge Analytica from misusing user data.The court filing said Facebook hasn't given answers on 19 of the attorney general's questions and hasn't given any new documents in response to six document requests. The filing also said Facebook has refused to search the emails of top executives Mark Zuckerberg and Sheryl Sandberg, as the state requested.Becerra's office said it requested additional information after Facebook took a year to respond to an initial subpoena.Investigators sought communications among executives on developers' access to user data, the relationship between ad spending and access to data and the introduction of new privacy features and privacy-related news stories. Officials also sought information on the effects of privacy settings on third-party access to data and Facebook's enforcement of policies.Facebook, which has its headquarters in Menlo Park, California, didn't respond to requests for comment.California hadn't joined a separate probe involving attorneys general from New York and other states. The New York probe is looking into Facebook's dominance and any resulting anticompetitive conduct. California is also a holdout in a separate probe into Google's market dominance.The District of Columbia and Massachusetts have also gone after Facebook on privacy. The Massachusetts attorney general's office is set to argue in a state court Thursday why Facebook should be compelled to stop resisting and turn over documents for its investigation.Facebook's various legal troubles have yet to make a significant financial dent on the company. Even the FTC's billion fine, the largest ever for a tech company, came to just under one-tenth of Facebook's revenue last year. The penalty was criticized by consumer advocates and a number of public officials as being too lenient.___AP Technology Writers Mae Anderson and Frank Bajak contributed to this report. 3248

020, this is going to be an unprecedented peak season. We’ve actually seen three years of growth in e-commerce pulled forward. So we are expecting a ton of volume.”Carole B. Tome, CEO of UPS, told analysts last month she expects “a pretty peaky peak.”Amazon, which has been growing its own delivery network so it doesn’t have to rely as much on UPS and the U.S. Postal Service, is nonetheless warning shoppers not to wait until the last minute to buy gifts. While the world’s largest online retailer delivers more than half of its packages itself, it still relies on other carriers to get orders to shoppers.“It’s going to be tight for everyone and we will all be stretched,” said Brian Olsavsky, Amazon’s chief financial officer. “And it’s advantageous to the customer, and probably the companies, for people to order early this year.”Satish Jindel, the president of ShipMatrix, which analyzes shipping package data, predicts 7 million packages a day could face delays from Thanksgiving to Christmas. That’s because he’s expecting a total shipping capacity for the industry to be 79.1 million parcels a day during the 34-day period, with 86.3 million packages looking for space. Last year, total capacity was 65.3 million packages with demand at 67.9 million packages a day.Right now, Jindel is predicting delivery delays of one or two days for parcels.U.S. online holiday sales are expected to shatter previous records. Adobe Analytics, which measures sales at 80 of the top 100 U.S. online retailers, predicts a total of 9 billion in online holiday sales, a 33% increase compared to last year. That’s equal to two years worth of holiday e-commerce sales growth shoved into one season.But even with the online surge, overall holiday sales are expected to see only modest gains compared to recent years. Consulting firm Deloitte expects total sales, including online, to rise between 1% and 1.5% during the November through January period. That’s compared with a 4.1% increase last year for the November and December period, according to an analysis by the National Retail Federation. The trade group says it won’t be coming out with a forecast until this month given so much uncertainty.Retailers can’t afford to upset shoppers with delayed deliveries or gifts that come after Christmas so they’re stepping up their game.Kohl’s says it has tens of thousands of items on its website available for curbside pickup. The retailer doubled the number of drive-up parking spaces at its store locations to support increased demand. Likewise, Target has also doubled the number of parking spaces for its drive up services, to 8,000.Meanwhile, carriers have added holiday surcharges to certain packages, a blow to retailers already struggling with higher costs during COVID. Jindel says the U.S. Postal Service might be a good alternative for retailers now that it has gotten through the deluge of mail-in ballots during the elections. He estimates that the Postal Service’s temporary surcharges mostly range from 25 cents to 40 cents per package is considerably lower than to per package at major carriers.“Our network is designed to handle temporary and seasonal increases in volume and we have the ability to deliver those additional holiday packages in a timely manner,” said Kimberly Frum, a spokeswoman at the U.S. Postal Service.For the holidays, FedEx is hiring 70,000 workers, while UPS is in the throes of hiring more than 100,000 temporary employees.Lee Spratt is the Americas CEO for DHL eCommerce Solutions, a division that specializes in processing small packages for mid- to large-size shippers. He predicts online shopping to be up to 50% higher this holiday season compared to the year-ago period. The division has already been grappling with a 40% surge in online orders since the pandemic began.It’s hiring 900 more permanent workers to its current labor force of 3,000. It also will hire 1,400 temporary workers, about the same as last year because the company is investing in more permanent workers instead.In September and October, it also upgraded and some cases added new sorting machines in six key cities including Baltimore and Atlanta, in order to process more parcels.___AP Retail Writers Alexandra Olson and Joseph Pisani in New York contributed to this report._______Follow Anne D’Innocenzio: http://twitter.com/ADInnocenzio 5427

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