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Federal judge Timothy J. Kelly sided with CNN on Friday, ordering the White House to reinstate chief White House correspondent Jim Acosta's press pass.The ruling was an initial victory for CNN in its lawsuit against President Trump and several top aides.The lawsuit alleges that CNN and Acosta's First and Fifth Amendment rights are being violated by the suspension of Acosta's press pass.Kelly did not rule on the underlying case on Friday. But he granted CNN's request for a temporary restraining order.This result means that Acosta will have his access to the White House restored for at least a short period of time. The judge said while explaining his decision that he believes that CNN and Acosta are likely to prevail in the case overall.Kelly made his ruling on the basis of CNN and Acosta's Fifth Amendment claims, saying the White House did not provide Acosta with the due process required to legally revoke his press pass.He left open the possibility, however, that the White House could seek to revoke it again if it provided that due process, emphasizing the "very limited" nature of his ruling and saying he was not making a judgment on the First Amendment claims that CNN and Acosta have made.Kelly was appointed to the bench by Trump last year, and confirmed with bipartisan support in the Senate.CNN has also asked for "permanent relief," meaning a declaration from the judge that Trump's revocation of Acosta's press pass was unconstitutional. This legal conclusion could protect other reporters from retaliation by the administration."The revocation of Acosta's credentials is only the beginning," CNN's lawsuit alleged, pointing out that Trump has threatened to strip others' press passes too.That is one of the reasons why most of the country's major news organizations have backed CNN's lawsuit, turning this into an important test of press freedom.But the judge will rule on all of that later. Further hearings are likely to take place in the next few weeks, according to CNN's lawyers.The White House took the unprecedented step of suspending Acosta's access after he had a combative exchange with Trump at last week's post-midterms press conference. CNN privately sought a resolution for several days before filing suit on Tuesday.The defendants include Trump, press secretary Sarah Sanders, and chief of staff John Kelly.Kelly heard oral arguments from both sides on Wednesday afternoon.Kelly, a Trump appointee who has been on the federal bench just more than a year now, was very inquisitive at Wednesday's hearing, asking tough questions of both sides, drilling particularly deep into some of CNN's arguments.Then he said he would issue a ruling Thursday afternoon. He later postponed it until Friday morning, leaving both sides wondering about the reason for the delay.In public, the White House continued to argue that Acosta deserves to be blacklisted because he was too aggressive at the press conference.Speaking with Robert Costa at a Washington Post Live event on Thursday, White House communications official Mercedes Schlapp said press conferences have a "certain decorum," and suggested that Acosta violated that. "In that particular incident, we weren't going to tolerate the bad behavior of this one reporter," she said. Schlapp repeated the "bad behavior" claim several times.When Costa asked if the White House is considering yanking other press passes. Schlapp said "I'm not going to get into any internal deliberations that are happening."In court on Wednesday, Justice Department lawyer James Burnham argued that the Trump White House has the legal right to kick out any reporter at any time for any reason -- a position that is a dramatic break from decades of tradition.While responding to a hypothetical from Kelly, Burnham said that it would be perfectly legal for the White House to revoke a journalist's press pass if it didn't agree with their reporting. "As a matter of law... yes," he said.The White House Correspondents' Association -- which represents reporters from scores of different outlets -- said the government's stance is "wrong" and "dangerous.""Simply stated," the association's lawyers wrote in a brief on Thursday, "if the President were to have the absolute discretion to strip a correspondent of a hard pass, the chilling effect would be severe and the First Amendment protections afforded journalists to gather and report news on the activities on the President would be largely eviscerated."The-CNN-Wire 4484

ENCINITAS, Calif. (KGTV) — Opening a new small business in the middle of this pandemic is a risky move, but San Diegans are doing it. Candles on Tap in downtown Encinitas is taking the chance."Today is a big, nerve-wracking, exciting day but we are opening to the public," CEO and co-founder Chantel Johnson said. She and CFO and co-founder Marcus Wandell are hopeful about their new venture. "The feature event is the scent bar where you pull up a chair and pour your own blend," said Wandell. Johnson added, "We are a custom scent bar so when people come in, they’re able to hand pour their own soy candles, diffusers, and fragrance sprays and they get to choose from over 90 scents." Wandell says some of his personal favorites in their shop include a scent called "old books" and they also have a "cannabis" smell.The two are well aware of what they’re getting into. "We're opening in the middle of a pandemic and it's a brick and mortar store so what could go wrong, right?" Wandell said jokingly.Yet, they say they see this time as the perfect opportunity. “There's pent up energy and demand to get out and do something as long as it’s safe so we're seizing on that need in the community for folks to find an experience to do with their loved ones and friends,” says Wandell.The pair are not alone. The U.S. Census reports almost 3.3 million business applications have been filed this year which is up 700,000 from this time last year. There were reportedly more than 1.6 million quarterly applications. In California alone, week 43 saw almost 9,000 applications which is a 25% increase from this time last year.“Some of our friends [say we’re] so brave. This is a bold move but everyone's really excited for us,” added Johnson.Candles on Tap is located at 687 S Coast Hwy 101 Unit 155 in Encinitas. It's open Tuesday through Friday from 11 a.m. to 8 p.m., Sunday from `12 p.m. to 5 p.m. and closed on Monday. 1923

ESCONDIDO, Calif. (KGTV) - A brush fire broke out in Escondido’s Kit Carson Park Friday, sending a plume of smoke above the area. The flames started just before noon in a riverbed of the park at 3333 Bear Valley Parkway near Westfield North County mall, Escondido Fire reported. At least 10 engines and a firefighting helicopter responded to the scene to put out the fire in brush and trees. No structures were threatened because winds were blowing the flames away from nearby homes.By 2 p.m., the fire's forward rate of progress was stopped with two acres burned and 80 percent containment.San Pasqual High and LR Green elementary schools were briefly put on lockdown to safely keep students inside during the firefighting efforts.The North County Transit District rerouted its BREEZE route 350 to the mall because police and fire personnel blocked its route for firefighting efforts. A temporary bus stop was set up at Bear Valley and Beethoven just before 2 p.m., the NCTD tweeted. The route resumed normal operations about 5:30 p.m.RELATED: Check 10News Traffic 1073

ESPN host Jemele Hill's tweet calling President Trump a "white supremacist" earned a stinging rebuke from Trump's press secretary on Wednesday.From the White House podium, Sarah Sanders said Hill's criticism of the president was a "fireable offense by ESPN."It was a highly unusual moment -- a White House official seemingly recommending that a Trump critic be booted from a television network.Trump aides have pressured media executives about anti-Trump commentators in the past, but those complaints were made in private. This time it was on-camera for all to see.The briefing room exchange came two days after Hill went on a tweetstorm about Trump.Hill has been vociferously critical of the president all year long, but she went further this time, calling Trump a "bigot," a "threat" and "the most ignorant, offensive president of my lifetime."The tweet that garnered the most reaction said: "Donald Trump is a white supremacist who has largely surrounded himself w/ other white supremacists."Hill, an African American woman, followed up with this: "His rise is a direct result of white supremacy. Period."Amid an outcry from conservatives on social media, ESPN responded on Tuesday afternoon by reminding people that her comments "do not represent the position of ESPN."The network alluded to disciplinary action, but did not provide any details."We have addressed this with Jemele and she recognizes her actions were inappropriate," ESPN said.Hill's remarks and ESPN's response gained widespread attention in conservative media circles on Tuesday and Wednesday, including on some of Trump's favorite Fox News shows.Fox's Tucker Carlson dubbed the network "Endless Stupid Political Nagging."For Carlson and others, Hill's comments were just the latest in a long line of examples of what they see as liberal bias inside ESPN.Washington Post White House reporter David Nakamura, who previously covered sports for the paper, asked Sanders on Wednesday if the president had a reaction to the controversy."I'm not sure if he's aware" of the tweets, Sanders said, "but I think that's one of the more outrageous comments that anyone could make, and certainly something that I think is a fireable offense by ESPN."Some Trump critics said they were disturbed by Sanders' talk of a "fireable offense.""Today, the White House press secretary used the people's podium to call for the firing of an individual citizen, @jemelehill. Take that in," MSNBC's Joy Reid wrote.Hill had no immediate comment. Neither did an ESPN spokesman.Hill deleted Monday's incendiary tweets and hasn't posted anything since ESPN weighed in on Tuesday.There's been a substantial backlash to the backlash, with Hill's supporters saying she described Trump accurately, and should not be reprimanded for having done so.ESPN critics, on the other hand, said the network's response was too soft, and that a suspension or firing was in order.Sanders' remarks on Wednesday are sure to keep the debate raging.The-CNN-Wire 2990

Facebook announced today it is removing hundreds of pages and accounts run by people in the U.S. who are spreading misinformation.The social media platform's staff identified 559 pages and 251 accounts, and among those is Right Wing News, which has more than 3 million followers, the New York Times reports. Left-wing pages identified in the group include the Resistance and Reverb Press (816,000 followers).It's the most domestic accounts and pages Facebook has removed, officials with the platform said. They violate the rules about online spam, and are financially motivated, according to the NY Times report.False narratives on social media were once known as something mostly done by Russian-linked operatives. It's now become something created more in the U.S., the Times said.Researchers said it's harder to root out false information that's from the U.S. than foreign countries. That's because it "mirrors genuine networks of Americans engaging in free speech online," the Times reports. 1003

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