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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 Gulf Coast appears to have dodged a bullet after Marco — once a tropical storm — collapsed into a post-tropical cyclone as it neared the Louisiana coast. But the National Hurricane Center (NHC) warns that the region faces a more substantial threat in Hurricane Laura.Just after 8 a.m. on Tuesday, the NHC reported that Laura had officially strengthened into a Category 1 hurricane, with maximum sustained winds of over 74 mph. As part of the agency's 11 p.m.. ET update, the storm is expected to reach the Louisiana or Texas coast by late Wednesday evening or early Thursday morning. By the time it reaches the coast, the NHC forecasts that the storm could be a Major Category 3 hurricane, with maximum sustained winds of 120 MPH.At 11 p.m. ET on Tuesday, Hurricane Laura had top winds of 90 MPH, and was located 405 miles southeast of Lake Charles, Louisiana. The storm is moving west-northwest at 17 MPH.The storm has already proven to be deadly. Haiti's Civil Protection Agency reports that 21 people were killed as the then tropical storm passed over the nation.A Twitter List by alexhider The NHC said Tuesday that the system could bring life-threatening storm on the Gulf Coast from as far west as San Luis Pass, Texas to as far east as Ocean Springs, Mississippi.The agency also warned that an inland region of the south-central United States could face flash floods and urban floods by the end of the week and into the weekend.A hurricane watch is currently in effect across the Gulf Coast, between Port Bolivar, Texas, to the west of Morgan City, Louisiana. The city of Galveston, Texas has already announced a mandatory evacuation and has ordered anyone within the city to leave and move inland by noon on Tuesday. 1736

The original cast of "Hamilton" is reuniting Friday for a virtual fundraiser for Democratic presidential nominee Joe Biden.Cast members will include creator Lin-Manuel Miranda and Daveed Diggs, Renée Elise Goldsberry, Jonathan Groff, and Leslie Odom, Jr. as part of a special "grassroots fundraiser" for the Biden Victory Fund.The cast will participate in a Q&A that will be moderated by director Thomas Kail. Cast members will then entertain with a performance afterward.The fundraiser begins at 9 p.m. ET, and any donation is accepted to join the event. 567

The pandemic is requiring social distancing from friends and family, leaving many craving physical contact with those they care about. A woman in New Jersey has a clever solution: shower curtains.Melissa Molnar reportedly created a so-called “hug wall” from plastic shower curtains with two arm holes on each side to allow people to embrace.Molnar’s children haven’t been able to hug their grandmother since the pandemic started, so she created the hug wall to celebrate a recent birthday."It's been so hard for everybody in the world, and it was refreshing to be able to hug my parents and see their reactions, and see my children's reactions who have been asking for months when this going to be over,” Molnar told News 12. 733

The Ohio State University announced on Friday that its investigation into coach Urban Meyer's handling of domestic violence allegations involving Meyer's assistant coach Zach Smith will conclude on Sunday, as scheduled. A six-person review board investigating the matter will then draft a report, which will be discussed at a closed-door meeting of the university's board of trustees. Following the meeting, which will likely take place sometime next week, university president Michael Drake could announce possible sanctions. Meyer was placed on paid administrative leave on Aug. 1 after a report published by former ESPN reporter Brett McMurphy claimed Meyer knew that Smith's wife had accused her husband of assaulting her. McMurphy also published photos of the woman which included a number of bruises. Those photos had previously been shared with Meyer's wife Shelley, who is also an employee of Ohio State. On Aug. 3, two days after he was suspended by OSU, Meyer released a statement admitting that he had lied to reporters about his knowledge of the allegations but claimed that he had followed proper protocol in reporting the incident to university officials. The alleged incident took place in 2015, while Smith was a wide receiver coach for Ohio State. Smith was not charged for the possible incident and did not face any punishment from Ohio State, according to public records obtained by Scripps National.Smith was fired in July when McMurphy had uncovered that Smith's wife had placed a protection order against her now ex-husband.  1600

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