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SAN DIEGO — When it comes to takeout and delivery, breakfast food just doesn't really cut it.That's a problem for Johan Engman and his Rise and Shine Restaurant group, with the flagship Breakfast Republic."Imagine an eggs Benedict, a poached egg with hollandaise sauce. It doesn't travel that well," Engman said Tuesday.Sales are down more than 90 percent and 450 employees were just furloughed amid the lockdown."It's heartbreaking, but what makes it even worse is that we're in the holiday season," Engman said.But instead of simply giving up and hoping for another round of stimulus, Engman is keeping a couple extra workers on at Breakfast Republic's Mission Valley location - preparing what could turn into hundreds of free meals everyday for impacted workers or anyone in need - no questions asked."I mean, we're hemorrhaging money, but I think when the going gets tough, that's when you need to show character," Engman said.Two years ago, Rise and Shine Restaurants created a nonprofit that got a dollar for every sold breakfast burritos, one of the most popular items. That money has, for instance, been used to make thousand-dollar donations to other nonprofits nominated by customers.And during the march lockdown, the nonprofit bought ,000 worth of meals for the public - about 6,400, and it has about that much cash left this time."We have a little chunk of money there that we want to put to good use," Engman said.And while breakfast is in the name - it's not breakfast being served for free. Instead, it's comfort food - like meatloaf, chicken and lasagna.The meals are given out daily at Breakfast Republic's Mission Valley location, at 1570 Camino de la Reina, from 8 A.M. To 2 P.M. 1710

SAN DIEGO (CNS) - A 26-year-old motorcyclist was killed Saturday after losing control of his bike, hitting the center median curb and continuing across the lanes of Scripps Poway Parkway in the Miramar Ranch area, San Diego police said.The crash took place on the Scripps Poway Parkway, near 11800 Spruce Run Dr., at 1 a.m., SDPD Officer J. Buttle said.The motorcyclist riding a 2017 Yamaha was moving at a high rate of speed, and failed to negotiate the rightward bend in the road, Buttle said. The man ended up along the south curb line.He was pronounced dead at the scene, Buttle said. His name was withheld pending notification of next of kin.Anyone who witnessed the crash was asked to call the SDPD at either 619-531-2000 or 858-484-3154. Tipsters can also call Crime Stoppers at 888-580- 8477. 808

SAN DIEGO (AP) — An appeals court on Wednesday upheld a freeze on Pentagon money to build a border wall with Mexico, casting doubt on President Donald Trump's ability to make good on a signature campaign promise before the 2020 election.A divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco agreed with a lower court ruling that prevented the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona and New Mexico.The decision is a setback for Trump's ambitious plans. He ended a 35-day government shutdown in February after Congress gave him far less than he wanted. He then declared a national emergency that the White House said would free billions of dollars from the Pentagon.The case may still be considered, but the administration cannot build during the legal challenge.A freeze imposed by U.S. District Judge Haywood Gilliam Jr. of Oakland in May prevented work on two Pentagon-funded wall contracts — one spanning 46 miles (74 kilometers) in New Mexico and another covering 5 miles (8 kilometers) in Yuma, Arizona.While the order applied only to those first-in-line projects, Gilliam made clear that he felt the American Civil Liberties Union and other groups were likely to prevail at trial in their argument that the president was ignoring Congress' wishes by diverting Defense Department money."Congress's 'absolute' control over federal expenditures — even when that control may frustrate the desires of the Executive Branch regarding initiatives it views as important — is not a bug in our constitutional system. It is a feature of that system, and an essential one," the judge wrote.Gilliam went a step further Friday by ruling definitively that the administration couldn't use Pentagon counterdrug money for the two projects covered in his May order or to replace 63 miles (101 kilometers) in the Border Patrol's Tucson, Arizona, sector and 15 miles (24 kilometers) in its El Centro, California, sector.Trump immediately vowed to appeal.At stake is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term.Trump declared a national emergency after losing a fight with the Democratic-led House that led to the 35-day shutdown. Congress agreed to spend nearly .4 billion on barriers in Texas' Rio Grande Valley, the busiest corridor for illegal crossings, which was well below the .7 billion the president requested.Trump grudgingly accepted the money but declared the emergency to siphon money from other government accounts, finding up to .1 billion for wall construction. The money includes .6 billion from military construction funds, .5 billion from Defense Department counterdrug activities and 0 million from the Treasury Department's asset forfeiture fund.Acting Defense Secretary Mark Esper has yet to approve transferring the military construction funds. The Treasury Department funds have so far survived legal challenges.The president's adversaries say the emergency declaration was an illegal attempt to ignore Congress. The ACLU sued on behalf of the Sierra Club and the Southern Border Communities Coalition.The administration said the U.S. needed emergency protection to fight drug smuggling. Its arguments did not mention illegal immigration or unprecedented numbers of Central American families seeking asylum at the U.S. border, which have dominated public attention in recent months.Justice Department attorneys argued that the freeze on Pentagon funds showed a "fundamental misunderstanding of the federal appropriations process.""The real separation-of-powers concern is the district court's intrusion into the budgeting process," they wrote.The two sides argued before a three-judge panel in San Francisco on June 20, made up of Barack Obama appointee Michelle Friedland and George W. Bush appointees N. Randy Smith and Richard Clifton.The administration has awarded .8 billion in contracts for barriers covering 247 miles (390 kilometers), with all but 17 miles (27 kilometers) of that to replace existing barriers not expand coverage. It is preparing for a flurry of construction that the president is already celebrating at campaign-style rallies.Trump inherited barriers spanning 654 miles (1,046 kilometers), or about one-third of the border with Mexico. Of the miles covered under Trump-awarded contracts, more than half is with Pentagon money.The Army Corps of Engineers recently announced several large Pentagon-funded contacts.SLSCO Ltd. of Galveston, Texas, won a 9 million award to replace the New Mexico barrier. Southwest Valley Constructors of Albuquerque, New Mexico, won a 6 million award for the work in Tucson. Barnard Construction Co. of Bozeman, Montana, won a 1.8 million contract to replace barrier in Yuma and El Centro. 4877

SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SAN DIEGO — Police are investigating multiple shootings that erupted in downtown San Diego Monday night.The gunfire was reported around 11 p.m. at several locations in the East Village neighborhood, about three blocks east of Petco Park's tailgate parking lot.A crew for Scripps station KGTV in San Diego was at the scene of one shooting at 15th Street and Island Avenue where several victims were being loaded into ambulances. Two other people suffering gunshot wounds were located near Market Street.No further information about the victims is available at this time.A witness told KGTV that he heard about a dozen gunshots coming from different locations and two vehicles speeding from the scene.It is unknown at this time if there are any other victims. San Diego Police Department Gang units are also on scene.The shooting happened not long after the San Diego Padres wrapped up their game against the Washington Nationals at Petco Park. 1015