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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 larger number of faster and cheaper COVID-19 tests is offering hope.Researchers at Harvard and Brown say we need about 2 million tests a day of symptomatic people and contacts to fight the spread of the virus.When you add in testing for teachers, students, nursing home residents and staff, the number is about 4.4 million.That's around four times the amount of people being tested per day, according to the COVID Tracking Project.“So, I think it's important to make sure we actually have a goal post about where the country needs to head, because the testing manufacturers need to know what that number looks like in order to make their own business and manufacturing decisions about how to scale,” said Dr. Thomas Tsai with the Harvard T.H. Chan School of Public Health.Tsai says we don't have enough capacity yet with the rapid antigen tests. He says letting the supply chain drive our guidelines for testing won't get us where we need to be.He says PCR tests that take longer to come back are more accurate, but says the antigen tests are promising because we screen more often.“Think about all the information that we’ve gleaned just from the exposure at the White House in terms of the patterns over the last several days,” said Tsai. “That kind of information, that kind of action should not just be reserved for our politicians and our athletes and celebrities. That's what all Americans deserve in terms of being about to have that information to fight the pandemic.”He says testing by itself only gives you information. It's the actions like masking and distancing that really protect you.He says the federal government needs to make testing cheaper or even free for it to work. 1700

The jury in the trial of former Donald Trump campaign chairman Paul Manafort did not reach a verdict after its first full day of deliberations.Just before 5 p.m. ET, jurors sent a note to Judge T.S. Ellis with four questions, including one asking him if he could "redefine" for them the meaning of "reasonable doubt," the legal threshold for acquitting a defendant. Ellis responded that the prosecutors had to prove their case not "beyond possible doubt," but beyond "doubt based on reason."Jurors also asked questions related to Manafort's tax filing and foreign bank account disclosure charges, including when a person is required to file a foreign banking disclosure, and the definition of "shelf" companies. Ellis instructed them to rely on their "collective recollection" and gave no additional explanation.Jurors began deliberations Thursday morning. Manafort is facing 18 counts of tax evasion, bank fraud and hiding foreign bank accounts brought by special counsel Robert Mueller as part of the investigation into Russian interference in the 2016 election.The jury will return at 9:30 a.m. ET Friday.For the first time, the jurors are seeing pictures of the ,000 ostrich jacket, ,000 python jacket, and other high-end clothes Manafort purchased using foreign wire transfers. They are also debating the testimony of Rick Gates, Manafort's former deputy who admitted to embezzling hundreds of thousands of dollars. And they can pore over reams of emails, tax forms and financial documents that prosecutors say are the "star witness" in their case.The courtroom drama will be nothing compared to the political earthquake the verdict will bring, regardless of which way it comes down.The President has repeatedly called Mueller's investigation a "witch hunt" that hasn't found evidence of Russian collusion with his campaign, and Trump's allies in and out of the White House say the special counsel should wrap things up."If he doesn't get it done in the next two or three weeks we will just unload on him like a ton of bricks," Trump lawyer Rudy Giuliani told Bloomberg News."Looking back on history, who was treated worse, Alfonse Capone, legendary mob boss, killer and "Public Enemy Number One," or Paul Manafort, political operative & Reagan/Dole darling, now serving solitary confinement - although convicted of nothing? Where is the Russian Collusion?" Trump tweeted earlier this month about Manafort.An acquittal would only add to criticism that Mueller's investigation hasn't been worth the time and expense.A conviction, meanwhile, would allow Democrats and Mueller's supporters to say ending the investigation would be premature given the special counsel's results, having previously collected several guilty pleas.It could also boost Mueller's position as he negotiates with Trump's lawyers over a potential interview. 2876

The number of people unable to make house payments on time has reached a nine-year high, according to a recent analysis of the data.Mortgage delinquencies were at 8.22 percent of all loans for the second quarter of 2020, says the Mortgage Bankers Association.At the end of June, an estimated 4.2 million Americans were on a forbearance plan, meaning they have an agreement with their mortgage lender to delay foreclosure."The COVID-19 pandemic's effects on some homeowners' ability to make their mortgage payments could not be more apparent. The nearly 4 percentage point jump in the delinquency rate was the biggest quarterly rise in the history of MBA's survey," said Marina Walsh, MBA's Vice President of Industry Analysis in a press release. "The second quarter results also mark the highest overall delinquency rate in nine years, and a survey-high delinquency rate for FHA loans."FHA, or Federal Housing Administration, loans are designed for low-to-moderate income borrowers and require a smaller down payment when purchasing a home. The survey found 15.65 percent of FHA loans were delinquent in the second quarter of 2020. That’s the highest rate since the Mortgage Bankers Association began keeping records in 1979.The survey asks loan servicers to report any loan that is not paid back according to the terms in the agreement.The high rate of mortgage delinquencies appear to be connected with availability of jobs. The five states with the largest increases in delinquency rate were New Jersey, Nevada, New York, Florida and Hawaii; all states with a high number of leisure and hospitality jobs that are now in flux because of the COVID-19 pandemic. 1669

The Minnesota Police and Peace Officers Association broke its silence on Tuesday, saying it wants to set the record straight amid calls to disband the city’s police department.In a lengthy statement with comments from a number of members of Minneapolis’ police department, officers placed blame on the unrest on local politicians.“Crime won’t be wished away, and we can’t simply abolish or defund police departments. Politicians who suggest this aren’t serious about solving problems in their community,” said Rich Walker, officer and director of the Minneapolis Police Federation.Earlier this month, members of the Minneapolis City Council voted to disband the city’s police department. The vote came after the death of George Floyd while in custody of officers, which prompted massive unrest in the city.Councilmember Steve Fletcher said in a Twitter post that it’s time to “declare policing as we know it a thing of the past.”“Our city needs a public safety capacity that doesn’t fear our residents,” Fletcher said. “That doesn’t need a gun at a community meeting. That considers itself part of our community. That doesn’t resort quickly to pepper spray when people are understandably angry. That doesn’t murder black men.”The police union said it takes issue with how officers are being portrayed by politicians.“The only way we can begin the work to rebuild relationships and strengthen communities is if politicians stop characterizing law enforcement as violent racists and demonizing the police,” Sherral Schmidt, sergeant and vice president of the Minneapolis Police Federation, said. “There is a great deal of work toward building a safer Minneapolis, but it cannot happen until politicians stop pointing fingers and bring us all together to move us forward.”Minneapolis Mayor Jacob Frey, who opposes disbanding the department, said he takes issue with how the union can appeal terminations of officers through arbitration.“What's more disappointing is that the most essential change (the Minnesota legislature) could have made — preventing arbitrators from reinstating police officers who engage in egregious misconduct — was never considered,” Frey said this week.The police union said that the arbitration is something that the city and its officers agreed to as part of a standard practice for public employees.“The system of workplace justice – which is closely akin to our criminal justice system in many respects – requires that all public employees, even police officers, have the opportunity to contest discipline before a neutral third-party” said Schmidt.To read the full statement, click here. 2623