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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 New York State Health Department is investigating a reported Chainsmokers concert that was held in the Hamptons over the weekend after a video posted to Twitter showed a massive crowd, not social distancing.Gov. Andrew Cuomo shared the video on Twitter Monday night, calling the gathering and lack of social distancing “egregious.”“I am appalled,” the governor said. “We have no tolerance for the illegal [and] reckless endangerment of public health.”The governor called on the event's "gross violations of not only the health rules, it was a gross violation of common sense.The state is conducting a full investigation into why the town issued a permit for the event.The crowd was reportedly attending a Chainsmokers concert in Southampton on Saturday that was billed as a “drive-in” event, although dozens of people could be seen standing in front of the stage.The investigation comes amid a state-level crackdown on social distancing violations, mainly focused on bars and restaurants, in an attempt to keep New York's coronavirus numbers down.Over 130 violations were issued to establishments in New York City and on Long Island from Friday through Sunday, according to Cuomo. Forty establishments have had their licenses suspended by the State Liquor Authority because of repeated social distancing violations.WPIX's Lauren Cook first reported this story. 1372

The NFL is committing 0 million over 10 years to social justice initiatives, targeting what it calls “systemic racism” and supporting “the battle against the ongoing and historic injustices faced by African Americans.”The league, which has raised million in donations through its Inspire Change program, announced the additional 6 million commitment Thursday. It plans to “work collaboratively with NFL players to support programs to address criminal justice reform, police reforms, and economic and educational advancement.”Less than a week ago, Commissioner Roger Goodell denounced racism in a video prompted greatly by a players’ video seeking NFL action.“I am listening, and I will be reaching out to players who have raised their voices and others on how we can improve and go forward for a better and more united NFL family,” he said.The players want to see definitive action, of course. There has been increasing distrust of the NFL since San Francisco quarterback Colin Kaepernick and others began kneeling during the national anthem in 2016 to protest social injustice and police brutality. The message was misconstrued by the league and many team owners as anti-military and anti-flag. Goodell admitted as much in his video, though never mentioning Kaepernick, who has not found an NFL job the last three seasons.That distrust was expressed Wednesday by 49ers star cornerback Richard Sherman.“They’ve tried their best to throw money behind it for a long time,” he said. “It takes more than that. It takes you literally calling out bigotry and being motivated. It’s not just pleading. It’s being consistent year in and year out that you’re combating this issue and that this is a problem that needs to change. And it’s not just this year, not just 2016, not just 2017, but ‘Black Lives Matter.’ They have to matter forever.”The Players Coalition was established in 2017 to work for social justice, growing out of the Kaepernick-inspired protests and pledging to improve police/community relations, champion criminal justice reform, and promote education and economic advancement in communities across the nation.Earlier this week, the coalition collected more than 1,400 signatures from active and retired athletes, coaches and executives from a variety of sports and presented them to Congress this week in support of a bill seeking to eliminate qualified immunity regarding police brutality. That bill was introduced in response to the deaths of George Floyd and Breonna Taylor while in police custody.Saints safety Malcolm Jenkins, a co-founder of the Players Coalition, spoke on CBS about the movement to defund police:“It doesn’t mean we eradicate police completely. We’ve got 10 million kids going to schools with police officers in them and no social workers. Three million that have got police in their schools and no nurses. Six million with police in their schools but no psychologists. Yet we want to invest in putting more police on the streets and over-policing that we know does not make our communities safer.“We’d rather see that money go to programs that help with entrepreneurship, that help with our schooling, that help with black people who have been disproportionately affected by COVID.”Some of the programs the NFL is targeting will deal with those issues, according to Anna Isaacson, the league’s senior vice president of social responsibility.“What this really is is a deeper and expanded commitment form the league and owners to say we are in this for the long haul,” she said. “It’s probably a deeper clarification on what we are meaning and focusing on. It has always been there, that focus, but obviously with current events and even before the last two weeks, conversations with the players have been on really focusing on this. Recent events solidified this has to be a key focus for us.”Isaacson mentions Big Brothers and Big Sisters, and Metro Peace Academy in Chicago as two organizations the league works with.“With Big Brothers and Big Sisters, we fund a program to bridge the gap in communication and understanding,” he said. “The program is pairing law enforcement officers with specific under-served youth, and those one-on-one relationships are to both the `Big’ and the `Little,′ as they call them, meant as a way to bridge whatever gaps exist. Building one-on-one relationships where trust is built and knowledge gained is essential.“In Chicago, we funded a program that does training with the community in how to work with their local police department and training with police on how to work with the community. That program is trying to reach the most at-risk youth and adults.“There are many such programs across the country that have started this work and are doing incredible work on the ground. We are looking for programs with a proven model and good track record and that has boots on the ground and treating people directly. National in scale, but that is truly the grass roots.“We’re making sure a lot of our grants are reaching down into the communities they serve, people to people and person to person.”___More AP NFL: https://apnews.com/NFL and https://twitter.com/AP_NFL 5156

The moves are still, sharp, and strong. Similar and yet so different than the moves these students used while serving our country. In this class the yoga students are all veterans. And these poses have helped them with much more than flexibility."My post traumatic stress was going so fast," says William Walls, a Marine who served in Iraq. "You accept the fact that possibly every day you could die, that's really what it is."And his transition back to civilian life, wasn't so easy. "I ended up spending a little bit of time in jail," Walls recalls. "Had a drinking problem and I didn't realize it was a problem. And yeah and it's just been, it was hell."He tried medicine, therapy and was still battling depression when he received an unexpected recommendation."My therapist kept saying hey why don't you try yoga," Walls remembers. "And I'm like no that's for other people. I'm a big bad tough marine. I don't need yoga."He eventually tried it, and can still remember his first class. "I just started to cry," Walls says. "And I don't even know why I started to cry just something was released inside of me. Something was letting go and I realized like I like this. I like this a lot. This is better than drugs and alcohol."Now Walls is not only a yoga student, but is becoming a teacher through this program, called Comeback Yoga. Everyone in the organization is a volunteer. And co-founder Margot Timbel says every veteran, no matter their level, is welcome."Don't be intimidated if you think yoga is for flexible people or that yoga is for people who have to be able to stand up and get up and down off the mat all the time," Timbel says. " Yoga is for every body and everybody."Now these veterans are experiencing a camaraderie of a different kind."They have experienced the same things you have and may even have the same problems," says veteran Curtis Schaub.And they are hoping more who sacrificed to serve will join them on this unexpected path.The Comeback Yoga classes are free for veterans and their family members. 2043

The handwriting is on the wall: Sears appears to be nearing bankruptcy.One of Sears' major shareholders just dumped a chunk of his stock for pennies on his original investment. The company added a new director who is familiar with bankruptcies and restructuring. Reports circulated that the company is talking to advisers and banks in preparation for a bankruptcy filing.Sears Holdings, the parent company of Sears and Kmart, faces an October 15 deadline to pay 4 million on its debt. CEO and primary shareholder Eddie Lampert told the company's board that it was crucial it restructure more than billion it owes "without delay," according to a recent regulatory filing. 684