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The Justice Department responded to CNN's lawsuit over the revocation of Jim Acosta's press pass on Wednesday, saying in a court filing that the White House rejects the idea that it can't pick and choose which journalists can be given a permanent pass to cover it."The President and White House possess the same broad discretion to regulate access to the White House for journalists (and other members of the public) that they possess to select which journalists receive interviews, or which journalists they acknowledge at press conferences," lawyers say in the filing.Both CNN and Acosta are plaintiffs. The suit alleges that their First and Fifth Amendment rights are being violated by the ban.Judge Timothy J. Kelly, a Trump appointee, has scheduled a hearing for Wednesday at 3:30 p.m.CNN and Acosta are asking Kelly for a temporary restraining order and a preliminary injunction that would restore his access right away.Lawyers for CNN and Acosta are arguing that time is of the essence because his rights are violated every day his pass is suspended.They are also seeking a declaration that Trump's action was "unconstitutional, in violation of the First Amendment and the Due Process Clause of the Fifth Amendment." This could protect other reporters against similar actions in the future."This is a very, very important case," Ted Olson said. Olson, a Republican heavyweight who successfully argued for George W. Bush in Bush v. Gore, is representing CNN along with another prominent outside attorney, Theodore Boutrous, and the network's chief counsel, David Vigilante.Olson said Tuesday that it was Acosta whose press pass was suspended this time, but "this could happen to any journalist by any politician."He spoke forcefully against Trump's action. "The White House cannot get away with this," he said in an interview with CNN anchor Brooke Baldwin.CNN's lawyers say the case hinges on Acosta and CNN's First Amendment rights; the shifting rationales behind the ban; and the administration's failure to follow the federal regulations that pertain to press passes, an alleged violation of Fifth Amendment rights.Tuesday's lawsuit rejected the White House's claim that Acosta acted inappropriately at a press conference last week. The suit says this is really about Trump's dislike of Acosta.The "reasonable inference from defendants' conduct is that they have revoked Acosta's credentials as a form of content- and viewpoint-based discrimination and in retaliation for plaintiffs' exercise of protected First Amendment activity," CNN's lawsuit alleges.Many media law experts, unaffiliated with CNN, believe the network has a very strong case.Judge Andrew Napolitano, the top legal analyst on Trump's favorite network, Fox News, said the same thing on Tuesday. "I think this will be resolved quickly," he said, adding "I think it will either be settled or CNN will prevail on motion."If there is no settlement, CNN is requesting a jury trial.In an interview with Wolf Blitzer, Boutrous said the government officials are being sued in their "official capacity," but "there is a possibility of damages claims," which would mean suing them personally.Blitzer pointed out that the officials would have to "go out and hire their own attorneys."It is incredibly rare to see a news organization suing a president.Fox News supports CNN in lawsuit against White House, network's president saysFred Ryan, the publisher and CEO of the Washington Post, expressed his support for the action Tuesday night. "We support CNN in its effort to restore the press credentials of its White House reporter," Ryan said. "It is a journalist's role to ask hard questions, hold the powerful to account and provide readers with as much information as possible."The White House Correspondents' Association is also standing behind CNN. The group said Tuesday that the president "should not be in the business of arbitrarily picking the men and women who cover him." 3956
The National Park Service plans to thin a herd of bison in the Grand Canyon through roundups and by seeking volunteers who are physically fit and proficient with a gun to kill the animals that increasingly are damaging park resources.Some bison would be shipped out of the area and others legally hunted on the adjacent forest. Within the Grand Canyon, shooters would be selected through a lottery to help bring the number of bison roaming the far northern reaches of the park to no more than 200 within three to five years. About 600 of the animals now live in the region, and biologists say the bison numbers could hit 1,500 within 10 years if left uncontrolled.The Grand Canyon is still working out details of the volunteer effort, but it's taking cues from national parks in Colorado, the Dakotas and Wyoming that have used shooters to cut overabundant or diseased populations of elk. The Park Service gave final approval to the bison reduction plan this month.Sandy Bahr of the Sierra Club says she's hopeful Grand Canyon will focus mostly on non-lethal removal.The Grand Canyon bison are descendants of those introduced to northern Arizona in the early 1900s as part of a ranching operation to crossbreed them with cattle. The state of Arizona now owns them and has an annual draw for tags on the Kaibab National Forest. Nearly 1,500 people applied for one of 122 tags this year, according to the Arizona Game and Fish Department.The bison have been moving in recent years within the Grand Canyon boundaries where open hunting is prohibited. Park officials say they're trampling on vegetation and spoiling water resources. The reduction plan would allow volunteers working in a team with a Park Service employee to shoot bison using non-lead ammunition to protect endangered California condors that feed on gut piles.Hunters cannot harvest more than one bison in their lifetime through the state hunt, making the volunteer effort intriguing, they say."I would go if I had a chance to retain a portion of the meat," said Travis McClendon, a hunter in Cottonwood. "It definitely would be worth going, especially with a group."Grand Canyon is working with state wildlife officials and the Intertribal Buffalo Council to craft guidelines for roundups and volunteer shooters, who would search for bison in the open, said Park Service spokesman Jeff Olson.Much of the work would be done on foot in elevations of 8,000 feet or higher between October and May when the road leading to the Grand Canyon's North Rim is closed. Snowmobiles and sleds would be used to remove the bison meat, and helicopters in rare instances, park officials said.Carl Lutch, the terrestrial wildlife manager for Game and Fish in Flagstaff, said some models require volunteers to be capable of hiking eight miles a day, carrying a 60-pound pack and hitting a paper plate 200 yards away five times.The head and hide of the bison would be given to tribes, or federal and state agencies.Lutch said one scenario discussed is splitting the bison meat among volunteers, with each volunteer able to take the equivalent of meat from one full bison. Anything in excess of that would be given to tribes and charities, he said. A full-grown bull can have hundreds of pounds of meat.Theodore Roosevelt National Park in North Dakota used volunteers in 2010 for elk reduction, selecting 240 people from thousands of applicants, said park spokeswoman Eileen Andes. Some quit before the week was over, she said."We had quite a bit of snow, so you're not in a vehicle, you're not on a horse," she said. "You're hiking through snow to shoot elk and haul them out. It was exceedingly strenuous." 3664

The Hinsdale County Museum's Alferd Packer display includes a fragment of a skull suspected to have belonged to one of the men cannibalized. 149
The Illinois Department of Public Health is investigating nine recent cases of acute flaccid myelitis, also called AFM, according to a statement Wednesday.All of the cases are in patients younger than 18 and have been clinically diagnosed by health care providers, the statement said. State health officials are working with the care providers to obtain the samples and information to send to the US Centers for Disease and Prevention for testing and confirmation of the diagnoses."The CDC will make the final determination on diagnoses and numbers are subject to change," the statement said.All of the patients are "from northern Illinois," according to the health department, but no other location information was provided.Since 2015, when Illinois began monitoring reports of AFM in the state, four confirmed cases have been identified.AFM is a polio-like illness that affects a person's nervous system, including the spinal cord. Symptoms can include sudden limb weakness, loss of muscle tone and reflexes, facial and eyelid drooping, facial weakness, difficulty moving the eyes, swallowing difficulty or slurred speech, according to the CDC.The rare condition can be caused by a virus, a genetic disorder and environmental toxins.There is no treatment other than managing each patient's symptoms.Dr. Rachel Herlihy, the Colorado state epidemiologist, said the best prevention is frequent handwashing and keeping kids home when they are sick.On Tuesday, the Colorado Department of Health said?it has confirmed 14 cases there this year. All of the patients are children who have needed to be hospitalized, the department said, noting that "nearly all have fully recovered.""The state health department has been monitoring this situation closely since early spring. In addition to investigating the outbreak, the state health department has issued alerts to health care providers on how to test for the viruses and enhanced guidance to child care centers on infection prevention," the department said in a statement.The type of viruses found in 12 of the Colorado cases, enterovirus, typically increases in summer and fall and is common, the state department of health said. However, 11 of the Colorado cases of AFM have tested positive for EV A71, a rare type of enterovirus not usually seen in the US, rather in Asia and other parts of the world, according to Herlihy. "This is certainly the largest outbreak of enterovirus A71 we've seen in Colorado."She referred to these 11 cases as an outbreak within an outbreak. "We have 41 cases of children who have had some sort of illness of enterovirus A71, which is causing a wide spectrum of neurological illness."In previous years, cases of AFM in Colorado and elsewhere have been positive for a different enterovirus, EV-D68.On Friday, the Minnesota Department of Health said it was investigating six cases of AFM in children over the past few weeks but did not identify what virus or other cause may have led to the illnesses.As of September 30, according to the CDC, 38 cases of AFM have been confirmed in 16 states. This does not include all of the 14 cases announced by Colorado, as some of those cases were confirmed after September 30. It also does not include the cases in Minnesota or Illinois, as they are not confirmed.Since August 2014, when the CDC began tracking the illness more closely, the agency has reported 362 cases.In 2017, 33 cases were reported in 16 states. One hundred forty-nine cases were reported in 39 states in 2016 and 22 cases in 17 states in 2015. 3570
The parent company of New York Sports Club and several other fitness club chains has filed for bankruptcy protection as the COVID-19 pandemic continues to wreak havoc with its operations.In a statement released Monday, Town Sports International — which also owns Boston Sports Clubs, Lucille Roberts, and several other fitness brands — said it agreed to voluntarily file for Chapter 11 Bankruptcy protection.The company added that the filing was made to simply restructure debt and that it does not plan to go out of business. In a message to employees, the company said it does not expect any changes to day-to-day operations or compensation and benefits.CNN reports that the company laid off "much" of its 7,000-person workforce earlier this year to preserve cash.Bloomberg reported Friday that Town Sports International was on the verge of filing for bankruptcy after talks of an million capital injection from Kennedy Lewis Investment Management fell through.Fitness clubs and gyms have taken a huge hit amid the pandemic, as the CDC continues to recommend against congregating indoors when possible. Sales of home fitness equipment have soared, and Americans have taken up other healthy outdoor habits like biking while restrictions keep some gyms closed. 1272
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