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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 (CNS) - A bill that would keep court hearings related to the release of Sexually Violent Predators open to the public was unveiled Tuesday by a state senator who worked with the San Diego County District Attorney's Office to craft the legislation.SB 1023, dubbed the Sexually Violent Predator Act, would prohibit proceedings related to Sexually Violent Predators -- or SVPs -- from being held behind closed doors, particularly when the hearings involve potentially releasing the offenders to a conditional housing program in the community.Recently, hearings regarding the proposed release and placement of SVP Alvin Ray Quarles, 57, otherwise known as the "Bolder-Than-Most" rapist, were held behind closed doors in San Diego County Superior Court.Judge David Gill kept the hearings under wraps due to privacy concerns over the potential disclosure of Quarles' psychiatric reports.The closed-door nature of the hearings drew protests from victims' advocates, include two of Quarles' victims, Mary Taylor and Cynthia Medina.Sen. Patricia Bates, R-Laguna Niguel, who authored SB 1023, issued a joint statement with San Diego County District Attorney Summer Stephan, saying SVP hearings should be held in open court "unless compelling and extraordinary circumstances justify closing the courtroom to the public.""District Attorney Summer Stephan and I believe that court hearings for sexually violent predators should be open to the public unless a judge can provide a compelling reason," Bates said. "Victims, their families, and the public have a legitimate interest in witnessing hearings through which a predator might be released."Gill ruled last year that Quarles should be released to a conditional housing program, though that decision is currently being appealed by the District Attorney's Office.Quarles, who was previously sentenced to 50 years in prison for committing more than a dozen sexual assaults in the mid-to-late 1980s, was slated to be housed at a residence in Jacumba Hot Springs, but that agreement fell through."This important legislation supports the principles of democracy and transparency in our justice system by making sure court hearings for sexually violent predators are open to the public," Stephan said. "As District Attorney, I hear the pain from victims who've been terrorized by a sexual predator but are left in the dark and not able to learn pertinent information guaranteed to them by our open courts system."The bill is awaiting referral to a Senate policy committee, Bates' staff said. 2544

SAN DIEGO -- Qualcomm announced Tuesday that the company reached an agreement to purchase Dutch chipmaker NXP Semiconductors.One of Qualcomm’s subsidiaries will pay 7.50 per share for all outstanding shares of the company.Boards from both companies agreed on the deal which is contingent upon 70 percent of NXP’s shares being tendered. RELATED: Qualcomm rejects Broadcom's 'best and final' offer"The acquisition of NXP will enable us to accelerate our growth strategy," said Qualcomm board member Tom Horton. "The board unanimously believes this is an attractive acquisition at this price for Qualcomm stockholders based on NXP's recent strong financial performance, the growth in key strategic areas such as auto and (the internet of things) and our high confidence in management's ability to execute upon the synergy opportunities."The billion deal comes one week after leaders of Qualcomm met with Broadcom executives to discuss a 6 billion buyout.RELATED: Broadcom submits 'best and final' offer in attempt to acquire San Diego-based QualcommQualcomm has rejected buyout offers from Broadcom twice. Broadcom said during the last talks between the two companies that this was its “best and last offer” to purchase Qualcomm.Officials with Qualcomm cited low per-share price and lack of assurance from Broadcom that it would do everything it could to ensure the deal would pass regulatory scrutiny. 1432

SACRAMENTO, Calif. (KGTV) -- Republican California State Senator Brian Jones is behind a new bill that, if passed, would change the way military retirement pay is taxed. The bill, titled SB 1071, would exempt military retirement pay from the state’s income tax. According to Jones, California is one of only seven states that fully taxes military retirement pay. Other states include Montana, New Mexico, Rhode Island, Utah, Vermont, and Virginia. RELATED: 50th District candidates debate housing, job growth, taxes"Our state should be encouraging military retirees to make California their home rather than driving them to other states," Jones said."The men and women who served our country earned every dollar of their retirement pay and states should not be trying to tax it. This measure is the right thing to do and will help keep veterans and their families in California."Jones coauthored the bill with Senators Scott Wilk (R-Santa Clarita), Bob Archuleta (D-Pico Rivera) and Pat Bates (R-Laguna Niguel).The bill comes as Jones makes a bid for the 50th Congressional District. 1092

SAN DIEGO - A 13-year-old Tierrasanta, California boy is battling for his life after family members say he was diagnosed with bacterial meningitis.A week ago Sunday, Grant Eyles started throwing up while his mother drove him and his siblings back from Los Angeles.  He quickly developed a fever, but didn't get worse until Thursday, when he lost mobility on his right side and became confused.His mother said a battery of tests pointed to bacterial meningitis, where membranes around the brain and spinal cord become inflamed, and it started with a common ailment."It was a complication essentially from a sinus infection. The infection breached the sinus cavity and went into the brain," said family friend Vanessa Bredehoft.Over the weekend, seizures forced doctors to place Grant in a medically induced coma.  Grant remains in critical condition.County health officials say many strains of bacterial meningitis do not require an alert for person-to-person prevention, and this appears to be one of those cases.A Gofundme campaign has been set up to help with the family's expenses. 1107

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