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SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom nominated the first openly gay Black man to the state Supreme Court.Newsom nominated Martin Jenkins to the court on Monday. The 66-year-old would be the third Black person to serve on the court if he is confirmed by the Commission on Judicial Appointments.Jenkins would replace Justice Ming W. Chin, who retired at the end of August.Jenkins is a former federal civil rights attorney who prosecuted cross burnings and police misconduct cases under President Ronald Reagan.He was appointed by Republicans and Democrats to four different judgeships. 609

SACRAMENTO, Calif. (AP) — While California is seeing a slowdown in the spread of the coronavirus and counties are starting to fall off a state monitoring list for infections, Gov. Gavin Newsom says rules are not yet ready for businesses in those areas to reopen. Santa Cruz, San Diego and Placer counties recently came off the list and Newsom said Wednesday San Francisco will likely soon follow. He says counties can expect more details next week on what will be required for businesses like indoor gyms and salons to reopen in areas that fall off the monitoring list. Forty of the state's 58 counties remain on the list. 630

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) — Officials say California's unemployment rate fell to a new record low of 4% in September.The state Employment Development Department said Friday that employers added 21,300 nonfarm payroll jobs. That extended California's record job expansion to 115 months.The unemployment rate in August was 4.1%, matching the previous record low first set in 2018.The state's current period of job expansion tied the 1960s' expansion when it reached 113 months.California has gained 3,348,900 jobs since the expansion began in February 2010. 561

SACRAMENTO, Calif. (AP) — The California Senate will investigate a California utility's process for cutting off power to more than 2 million people to prevent wildfires.In a memo to the Senate Democratic Caucus on Thursday, Senate President Pro Tempore Toni Atkins asked the Senate Energy, Utilities, and Communications Committee to "begin investigating and reviewing options to address the serious deficiencies" with PG&E's current process of shutting off power to prevent wildfires.Atkins said an oversight hearing will be scheduled in the next few weeks.Last week, dry conditions and dangerous winds prompted PG&E to cut power to more than 700,000 customers to prevent its equipment from sparking wildfires.Gov. Gavin Newsom and other leaders said the outage lasted too long. Newsom has urged the utility to give rebates to affected customers and businesses. 877