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The New York state attorney general's civil lawsuit against the Donald J. Trump Foundation, President Donald Trump and his three eldest children can proceed after a state court judge on Friday denied their motion to dismiss the case.In her decision, Justice Saliann Scarpulla ruled that a sitting president can face a civil lawsuit in state court for actions not taken in his official capacity. That ruling puts Scarpulla in agreement with another recent ruling against Trump, a decision in the defamation lawsuit brought against him by Summer Zervos, a former contestant on "The Apprentice."And, Scarpulla said, it is in line with the US Supreme Court's 1997 ruling concerning President Bill Clinton in response to Paula Jones' sexual harassment lawsuit."Allowing this action to proceed is entirely consistent with the Supreme Court's holding in Clinton v. Jones that the President of the United States is 'subject to the laws for his purely private acts,'" Scarpulla wrote.As she did in court in October, the judge noted that Trump has appealed the Zervos decision, and if the appeals court rules in his favor, the attorney general's office would likely need to amend its lawsuit to remove Trump himself as a defendant.The Trump Foundation case is being considered in the New York Supreme Court, the state's trial court.The suit, filed in June, names as defendants the foundation, Trump and his children Eric, Donald Jr. and Ivanka Trump, all of whom sat on the charity's board. It alleges that they violated federal and state charities law with a "persistent" pattern of conduct that included unlawful coordination with the 2016 Trump presidential campaign.The attorney general's office, led by Barbara Underwood, is seeking to dissolve the Trump Foundation and wants .8 million in restitution, plus additional penalties. The office is also seeking to ban Trump from serving as a director of any New York nonprofit for 10 years and to prohibit the other board members, the Trump children, from serving for one year."As we detailed in our petition earlier this year, the Trump Foundation functioned as little more than a checkbook to serve Mr. Trump's business and political interests," Underwood said in a statement Friday. "There are rules that govern private foundations — and we intend to enforce them, no matter who runs the foundation."An attorney for the defendants, Alan Futerfas, said "the decision means only that the case goes forward. As we have maintained throughout, all of the money raised by the Foundation went to charitable causes to assist those most in need."He added: "As a result, we remain confident in the ultimate outcome of these proceedings."The judge gave the defendants 45 days to respond to the lawsuit. 2745

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 attorney general is trying to break up the National Rifle Association over allegations of mismanagement and the abuse of member money.Adam Winkler, a UCLA law professor who specializes in the Second Amendment, says this is just the start. The legal battle could go for another year or two.If the NRA dissolves at that point, it would have a huge impact on American politics, but that doesn't mean the end of the gun debate.“What happens is the resources of the NRA would be distributed in a way that is designed to match the donors' intent,” said Winkler. “And that means that money would go to gun rights organizations and would go towards fighting against gun control in most, most circumstances.”Winkler says the NRA dissolving isn't the only potential outcome. The attorney general is also seeking less drastic repercussions, like removing certain in-house lawyers or board members. That includes Wayne LaPierre, the executive vice president.We don't yet know exactly what evidence there is. Winkler says the AG’s case has at least one advantage, the NRA’s former public relations firm, Ackerman McQueen, is cooperating.“And so, the attorney general is going to have on her side an insider who's seen everything that's happened in the NRA for the last three decades,” said Winkler. “I think the NRA is in big trouble.”He says the lawsuit could also impact the November election by energizing pro-gun voters looking to support the NRA and the Republicans.Winkler says it's also likely to mean less NRA spending compared to 2016. 1552

The political ramifications of Ruth Bader Ginsburg’s death on Friday will likely ripple into November and beyond.Her death coming in the final two months of the 2020 presidential election will bring up considerable questions on who will replace her, especially given the divided nature of the Supreme Court.The court, which has seen its share of 5-4 decisions in recent years, could become a reliably conservative court for years to come if President Donald Trump is able to push through a nominee leading up to the election.Currently the court holds five Republican-appointed justices and three Democratic-appointed justice, but Chief Justice John Roberts, appointed by George W. Bush, has sometimes been a swing vote, siding with the liberals.But one person who is opposing a last-minute appointment to the bench was apparently Ginsburg herself.Dictating a statement to family that was released to NPR, Ginsburg said, “My most fervent wish is that I will not be replaced until a new president is installed.”In 2016, conservative Justice Antonin Scalia's death came nine months before the presidential election, and became a focal point of that year's election. President Barack Obama attempted to fill the seat, but Republicans in the Senate blocked the appointment.Senate Minority Leader Chuck Schumer reminded Senate Majority Leader Mitch McConnell on Friday of that fact.“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president,” Schumer tweeted, which were the exact words used by McConnell in 2016.On Friday, McConnell confirmed that a potential nominee would get a vote in the Senate, but there are questions on whether a potential nominee would have enough support to be confirmed. "President Trump’s nominee will receive a vote on the floor of the United States Senate," McConnell said. McConnell said this situation is different because Republicans control the White House. "Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise," McConnell said.Just last week, Trump released a list of potential Supreme Court nominees. That list can be seen here.Joe Biden agreed with Schumer. "The voters should pick a President, and that President should select a successor to Justice Ginsburg," Biden said. "This was the position that the Republican Senate took in 2016, when there were nearly nine months before the election. That is the position the United States Senate must take now, when the election is less than two months away. We are talking about the Constitution and the Supreme Court. That institution should not be subject to politics."HOW A SUPREME COURT JUSTICE IS CONFIRMED- The president nominates a replacement to be vetted by the Supreme Court.- After vetting the nominee, the Senate may take a vote to accept the nomination. The vote nomination must have 51 votes in order to pass. If there is a tie, the vice president can vote to break a tie.- There are 53 Republicans in the US Senate. It would take four Republicans to vote in opposition in order for a potential nominee not to be approved. 3322

The National Guard is attempting to rescue dozens of people who are currently trapped at a California resort as the Creek Fire continues to burn out of control in the Sierra Nevada Mountains.According to The Washington Post, about 50 hikers remain trapped at the Vermilion Valley Resort with all escape routes cut off by the fire. The hikers have been sheltering in place at the resort since Sunday night.Officials have been unable to send rescue helicopters to the area due to low visibility caused by smoke from the fire. The area has dealt with high winds and record heat in recent days, which is making things difficult for both rescuers and firefighters.However, Col. Jesse Miller of the National Guard said Tuesday that the weather was beginning to turn."Mother Nature is trying to help us out this morning with some of the smoke clearing, allowing visibility for the aircraft to pick up the landing zones and get in safely to our folks here in California," Miller said in an interview on Good Morning America on Tuesday.So far, the wildfire is confirmed to have killed one person from smoke inhalation, according to the Fresno Fire Battalion. The Fresno County Sheriff's Office reports a second person died from a medical episode when EMS could not respond due to the conditions.According to CALFIRE, the Creek Fire remains 0% contained as of Monday evening. The fire has been burning since Thursday but nearly doubled in size on Monday alone to cover nearly 80,000 acres.Col. Jesse Miller told ABC News Tuesday morning that the National Guard is also attempting to send rescue helicopters to Hidden Lakes. It's unclear how many people are trapped at Hidden Lakes.The Washington Post reports that more than 200 people were rescued from the Creek Fire over the weekend. 1783