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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 58-year-old man was killed this morning when his SUV crashed into a tree in Mira Mesa and he was thrown from the vehicle.The man was driving his white Cadillac SUV westbound in the No. 2 lane of Mira Mesa Boulevard at 1:10 a.m. After passing through the intersection at Camino Ruiz, he made an unsafe movement to the left, causing the SUV to jump the center island and strike a large pine tree, ejecting the driver, who died at the scene, according to Officer Robert Heims of the San Diego Police Department.It was unknown whether alcohol or drugs were factors in the crash, Heims said.The name of the victim was not disclosed. 655

SAN DIEGO (AP) — The sole suspect in a fatal shooting at a Southern California synagogue pleaded not guilty to federal hate crimes and other charges Tuesday.John T. Earnest entered the plea a week after a grand jury returned a 113-count indictment that largely mirrors a complaint filed shortly after his arrest on April 27. The indictment added four counts of using and carrying a firearm during commission of a violent crime.Earnest's parents attended the brief hearing but did not seem to exchange eye contact with their 19-year-old son. The suspect spoke only once, to acknowledge his name.Two days after the shooting, the family said their son's actions "were informed by people we do not know, and ideas we do not hold.""To our great shame, he is now part of the history of evil that has been perpetrated on Jewish people for centuries," they said in their only public statement since the shooting.Earnest looked blankly ahead as one of his attorneys argued that shackles should be removed from his wrists, ankles and waist during the hearing. Peter Ko, a prosecutor, countered, "He tried to commit mass murder," and the judge, Michael Berg, denied the defense request.Earnest also faces charges of murder and attempted murder for the attack on Chabad of Poway on the last day of Passover. One person died and three were injured.He is being represented by public defenders. His family is not paying his legal costs.Both federal and state crimes make him eligible for the death penalty if convicted but prosecutors have not said if they will seek it. 1563

SAN DIEGO (CNS) - A gunman who allegedly tried to mug a man he met online under the pretense of buying a gold chain outside a Chula Vista Costco, was behind bars Wednesday, facing a robbery charge.Albert Molina, 30, was arrested Tuesday after a scuffle in which the 23-year-old alleged victim snatched away his gun, fired a shot and held him at gunpoint while calling 911, according to police.Prior to the confrontation, Molina and the other man had communicated via OfferUp, an online service that facilitates private sales of used goods, Lt. Dan Peak said.Meeting the seller outside a Costco store in the 1100 block of Broadway, Molina agreed to buy a gold chain and provided a money order to supposedly pay for it. The two men tried to cash the check together, but found it was no good, according to police.They went to Molina's car and were sitting in it when the seller asked Molina to return his chain, which Molina was wearing, Peak said, adding "the suspect refused and pulled out a gun."The two men wrestled over the gun, which ended up in the seller's possession as he fell out of the vehicle. Believing Molina was going to run him over, he fired a round in Molina's direction, then held him at gunpoint while summoning police.Patrol officers arrived shortly after 7:30 p.m. and took both men into custody. After being interviewed by detectives, the seller was released, while Molina was booked into San Diego Central Jail. Neither was reported to be injured. 1477

SAN DIEGO (CNS) - A 28-year-old man was behind bars Friday on suspicion of stabbing his girlfriend multiple times inside a Colina Del Sol apartment, police said.Dispatchers received multiple calls shortly before 10 p.m. Thursday from neighbors who reported hearing screaming coming from one of the apartments in a complex on 49th Street just south of El Cajon Boulevard, San Diego police Officer Tony Martinez said.Officers responding to the scene found that a woman had been stabbed multiple times and the suspect had fled, Martinez said.The victim, whose age was not immediately available, was taken to a hospital for treatment of her wounds, which were not believed to be life- threatening, the officer said.Around 10:35 p.m. Thursday, the suspect apparently called 911 and told a dispatcher his location, and that he was going to surrender, the San Diego Union-Tribune reported.The 28-year-old man, whose name was not immediately available, was taken into custody around 10:45 p.m. on El Cajon Boulevard near El Cerrito Drive, Martinez said. 1053