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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

SALTON CITY, Calif. (KGTV) - A 3.4-magnitude earthquake shook the Salton Sea region early Sunday.The quake hit just after 5:30 a.m. Sunday a little more than 8.5 miles southwest of Salton City, Calif., with a depth of about 6 miles, according to the United States Geological Survey.According to the website's "Did you feel it?" survey, the shake-up was felt as far away as Julian and El Cajon.RELATED: Is there such a thing as earthquake weather?There have been no reports of injuries or damages from Sunday's earthquake.Several smaller rattles under 1.0-magnitude within the Borrego Springs area were also recorded by the USGS.The Salton Sea area has traditionally been an area that experienced "earthquake swarms," or sequences of several quakes around the same area. 797

SAN DIEGO — It's a nerve-racking place: on stage, behind the mic, looking out at a sea of people waiting for your punch line.The Comedy Palace in San Diego sees many comedians but not like the one who performed Friday night."It was something I thought about even in college but lacked the courage to do it," said Michael Schmid. "I always loved to make people laugh."Schmid always had the passion, but it was a recent visit to the doctor that gave him the courage he had been lacking."If not now, when?" Schmid said.Three years ago, he was diagnosed with primary lateral sclerosis, a condition similar to amyotrophic lateral sclerosis, or ALS."It had spread to my upper body and becoming more quadriplegic," Schmid said.One month ago, he made the toughest decision of his life."The most difficult thing I ever had to do in my life was to talk to my children about ending my life," he said.Schmid says he will end his life on December 27, citing severe pain. He shared the date with one of his favorite comedians, along with a dream and a request for help."My initial response was 'We're going to make this happen,' " said Lisa Alvarado.Alvarado talked with some friends in the industry to see if they'd help make Schmid's dream of performing come true."I'm talking comics with Netflix specials, Comedy Central specials," Alvarado said.In one month, the group developed a 15-minute standup comedy routine for Schmid to deliver Friday night. Many of the professional comedians were in the audience as Schmid performed in his wheelchair with Alvarado holding his microphone.After the performance, Schmid's father made his way to the stage to give his son a hug."I never expected him to do that and show the world we're close," said Schmid.Schmid's ex-wife and his four children were also in the audience."No matter how crappy of a hand he's been dealt, he's taken it with a joke," said Schmid's son Joshua.Schmid is grateful he had a chance to laugh."I want my friends and family to have at least that memory when I'm gone," Schmid said. "Do not just give up where you're at ... always strive and reach for something else.""Even if it is the end of your life," he said, "you can be more than you are right now." 2256

SAN DIEGO (CNS) - A 50-year-old man died after he apparently lost control of his vehicle on a Black Mountain Ranch street and tumbled about 20 feet down an embankment, police said Monday.The crash was reported shortly before 10:30 p.m. Sunday in the 17900 block of San Dieguito Road, west of Camino Del Sur, San Diego police Officer Sarah Foster said.The victim was driving eastbound on San Dieguito road at a high speed when he lost control of his vehicle and it rolled down a 20-foot embankment, Foster said.The man was taken to a hospital, where he was later pronounced dead, the officer said. The man's name was withheld pending family notification. 661

SAN DIEGO (CNS) - A 21-year-old man who used social media to convince a 14-year-old girl to send him sexually explicit photos, telling her to take a "leap of faith" to meet and have sex with him, is facing years in federal prison when he's sentenced in January, the U.S. Attorney's Office announced Monday.Jurors found Isaiah Smallwood-Jackson guilty of production of child pornography and enticement of a minor. The federal convictions reached Thursday-- in a case investigated by the Oceanside Police Department -- trigger mandatory minimum sentences of 15 and ten years, respectively, according to the U.S. Attorney's Office.According to evidence presented at trial, Smallwood-Jackson began communicating with the girl using the Spotafriend social media application. He admitted during chats with the victim -- whose profile listed her true age of 14 -- that he was 21 years old and didn't care that she was a minor.Using the internet, Smallwood-Jackson discussed sexual acts he wanted to perform with the girl and convinced her to produce and send him sexually explicit pictures and provide her address, according to Assistant U.S. Attorney Mandy Griffith.The girl repeatedly told Smallwood-Jackson that she was not sure she wanted to meet with him, but he told her to take a "leap of faith." The defendant then traveled to her home, convinced her to come outside, and had sex with her, according to prosecutors.In texts afterward, Smallwood-Jackson apologized for hurting the minor victim. She confided in her sister, who contacted law enforcement."Internet predators beware: the Department of Justice is committed to striking back against repugnant crimes against innocent children," said U.S. Attorney Adam Braverman. "No child should ever have to endure sexual abuse. The United States will utilize every tool available to it to hold these 1855

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