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CNN is filing a lawsuit against President Trump and several of his aides, seeking the immediate restoration of chief White House correspondent Jim Acosta's access to the White House.The lawsuit is a response to the White House's suspension of Acosta's press pass, known as a Secret Service "hard pass," last week. The suit alleges that Acosta and CNN's First and Fifth Amendment rights are being violated by the ban.The suit is being filed in U.S. District Court in Washington, D.C. on Tuesday morning, a CNN spokeswoman confirmed.Both CNN and Acosta are plaintiffs in the lawsuit. There are six defendants: Trump, chief of staff John Kelly, press secretary Sarah Sanders, deputy chief of staff for communications Bill Shine, Secret Service director Joseph Clancy, and the Secret Service officer who took Acosta's hard pass away last Wednesday. The officer is identified as John Doe in the suit, pending his identification.The six defendants are all named because of their roles in enforcing and announcing Acosta's suspension.Last Wednesday, shortly after Acosta was denied entry to the White House grounds, Sanders defended the unprecedented step by claiming that he had behaved inappropriately at a presidential news conference. CNN and numerous journalism advocacy groups rejected that assertion and said his pass should be reinstated.On Friday, CNN sent a letter to the White House formally requesting the immediate reinstatement of Acosta's pass and warning of a possible lawsuit, the network confirmed.In a statement on Tuesday morning, CNN said it is seeking a preliminary injunction as soon as possible so that Acosta can return to the White House right away, and a ruling from the court preventing the White House from revoking Acosta's pass in the future."CNN filed a lawsuit against the Trump Administration this morning in DC District Court," the statement read. "It demands the return of the White House credentials of CNN's Chief White House correspondent, Jim Acosta. The wrongful revocation of these credentials violates CNN and Acosta's First Amendment rights of freedom of the press, and their Fifth Amendment rights to due process. We have asked this court for an immediate restraining order requiring the pass be returned to Jim, and will seek permanent relief as part of this process."CNN also asserted that other news organizations could have been targeted by the Trump administration this way, and could be in the future."While the suit is specific to CNN and Acosta, this could have happened to anyone," the network said. "If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials."During his presidential campaign, Trump told CNN that, if elected, he would not kick reporters out of the White House. But since moving into the White House, he has mused privately about taking away credentials, CNN reported earlier this year. He brought it up publicly on Twitter in May, tweeting "take away credentials?" as a question.And he said it again on Friday, two days after blacklisting Acosta. "It could be others also," he said, suggesting he may strip press passes from other reporters. Unprompted, he then named and insulted April Ryan, a CNN analyst and veteran radio correspondent.Trump's threats fly in the face of decades of tradition and precedent. Republican and Democratic administrations alike have had a permissive approach toward press passes, erring on the side of greater access, even for obscure, partisan or fringe outlets.That is one of the reasons why First Amendment attorneys say CNN and Acosta have a strong case.As the prospect of a lawsuit loomed on Sunday, attorney Floyd Abrams, one of the country's most respected First Amendment lawyers, said the relevant precedent is a 1977 ruling in favor of Robert Sherrill, a muckraking journalist who was denied access to the White House in 1966.Eleven years later, a D.C. Court of Appeals judge ruled that the Secret Service had to establish "narrow and specific" standards for judging applicants. In practice, the key question is whether the applicant would pose a threat to the president.The code of federal regulations states that "in granting or denying a request for a security clearance made in response to an application for a White House press pass, officials of the Secret Service will be guided solely by the principle of whether the applicant presents a potential source of physical danger to the President and/or the family of the President so serious as to justify his or her exclusion from White House press privileges."There are other guidelines as well. Abrams said the case law specifies that before a press pass is denied, "you have to have notice, you have to have a chance to respond, and you have to have a written opinion by the White House as to what it's doing and why, so the courts can examine it.""We've had none of those things here," Abrams said.That's why the lawsuit is alleging a violation of the Fifth Amendment right to due process.Acosta found out about his suspension when he walked up to the northwest gate of the White House, as usual, for a Wednesday night live shot. He was abruptly told to turn in his "hard pass," which speeds up entry and exit from the grounds."I was just told to do it," the Secret Service officer said.Other CNN reporters and producers continue to work from the White House grounds, but not Acosta."Relevant precedent says that a journalist has a First Amendment right of access to places closed to the public but open generally to the press. That includes press rooms and news conferences," Jonathan Peters, a media law professor at the University of Georgia, told CNN last week. "In those places, if access is generally inclusive of the press, then access can't be denied arbitrarily or absent compelling reasons. And the reasons that the White House gave were wholly unconvincing and uncompelling."The White House accused Acosta of placing his hands on an intern who was trying to take a microphone away from him during a press conference. Sanders shared a distorted video clip of the press conference as evidence. The White House's rationale has been widely mocked and dismissed by journalists across the political spectrum as an excuse to blacklist an aggressive reporter. And Trump himself has cast doubt on the rationale: He said on Friday that Acosta was "not nice to that young woman," but then he said, "I don't hold him for that because it wasn't overly, you know, horrible."Acosta has continued to do part of his job, contacting sources and filing stories, but he has been unable to attend White House events or ask questions in person -- a basic part of any White House correspondent's role.Acosta is on a previously scheduled vacation this week. He declined to comment on the lawsuit.On CNN's side, CNN Worldwide chief counsel David Vigilante is joined by two prominent attorneys, Ted Boutrous and Theodore Olson. Both men are partners at Gibson, Dunn & Crutcher.Last week, before he was retained by CNN, Boutrous tweeted that the action against Acosta "clearly violates the First Amendment." He cited the Sherrill case."This sort of angry, irrational, false, arbitrary, capricious content-based discrimination regarding a White House press credential against a journalist quite clearly violates the First Amendment," he wrote.David McCraw, the top newsroom lawyer at The New York Times, said instances of news organizations suing a president are extremely rare.Past examples are The New York Times v. U.S., the famous Supreme Court case involving the Pentagon Papers in 1971; and CNN's 1981 case against the White House and the broadcast networks, when CNN sued to be included in the White House press pool.The backdrop to this new suit, of course, is Trump's antipathy for CNN and other news outlets. He regularly derides reporters from CNN and the network as a whole.Abrams posited on "Reliable Sources" on Sunday that CNN might be reluctant to sue because the president already likes to portray the network as his enemy. Now there will be a legal case titled CNN Inc. versus President Trump.But, Abrams said, "this is going to happen again," meaning other reporters may be banned too."Whether it's CNN suing or the next company suing, someone's going to have to bring a lawsuit," he said, "and whoever does is going to win unless there's some sort of reason."The-CNN-Wire 8437
COLORADO SPRINGS, Colo. – You’ve probably heard of a police ride-a-long, but we guarantee you haven’t seen one like this.A police officer in Colorado Springs was on his way to a car crash Thursday night when, out of nowhere, a raccoon jumped onto the windshield of his patrol car.In a post on Facebook, police said the officer was “pawsitively surprised” to see the animal on his windshield.The officer pulled the car over and the raccoon jumped off and went on its way. 478
Cyberbullying among kids related to the election is a growing problem right now. And with how divisive things are, there are concerns this won't be going away after the polls close next week.“This is a very, very polarizing and almost even more in front of kids’ faces, election than any other time in history,” said Titania Jordan with Bark Technologies.Bark Technologies currently monitors more than 5 million kids online at home. Its monitoring shows from mid-August to the end of September, there was a 25% increase in bullying overall from the beginning of July. And there was a 220% increase in severe bullying.You'd expect to see this with the start of the school year, but the numbers show this is about a 50% increase from what Bark typically sees over this period.They say the feedback they've received from parents supports the increase with a direct tie-in to election-related cyberbullying.“It’s not something that she gets to judge over or bully over or make people feel bad about,” said Kathryn Noble, whose daughter was impacted by cyberbullying. “That's not acceptable at any age but especially at 13.”Noble says her 13-year-old daughter recently blocked one of her friends on social media over them supporting a different candidate than her.Bark found around 45% of what kids are sharing is memes about the two candidates. They've found this month that messages including the word “Trump” are being flagged more frequently for depression, hate speech and weapons.Messages including the word "Biden" are being flagged more frequently for cyberbullying, because they include disparaging or belittling language.“They're being bullied even because of maybe something their parents have said or something their family says,” said Matt McKee at Bark Technologies. “Hey, this is where we stand right now and because of that, kids are being brought into those situations.”As far as addressing this cyberbullying, the tech experts we talked with say asking your kids to teach you about a certain app they are using will give you more insight into what's happening earlier.Things to watch for include changes in sleep patterns or behavior. They also say now is really the time to encourage empathy with your kids. 2229
CORONADO, Calif. (KGTV) - A Navy shooting range in Coronado is at the center of a legal dispute over possible unsafe lead exposure. Team 10 investigative reporter Jennifer Kastner uncovered the history of reports of serious lead problems.10News spent more than five weeks continuously calling and emailing the Navy, asking what happened. Ultimately, the Navy responded, in part, that it would not go into any detail.Toxic lead exposure is a serious threat at shooting ranges. The gun smoke releases the metal into the air.Across the United States, federal agents have done hundreds of inspections for lead violations.Just south of the Hotel del Coronado, along the Silver Strand, sits the heavily guarded Naval Amphibious Base. 10News was unable to get video of the shooting range in question because we weren’t granted access on-base, but we can show you the federal reports that detail a history of concern. Per inspection paperwork, the indoor shooting range address is 3632 Guadalcanal Road.Across the country, a separate range that's not affiliated with the Navy had hired Don Haines as its safety officer. He says he'd sometimes be at the range seven days a week and for hours at time.“My friends noticed some changes in me, complaining about being tired all the time. [There was] some irritability and some difficulty understanding some things when we were having discussions,” he says.Doctors told him he'd been poisoned by lead.Toxic levels of the metal can cause serious problems like brain damage, kidney disease, and even death.Dr. Gabriel Filippelli is the director of the Center for Urban Health at Indiana University-Purdue University Indianapolis. “Current lead contamination still has tremendous impacts to a bunch of different sectors,” he says.Filippelli explains that as people shoot guns, lead particles are left behind on the walls, counters, and floors. Sometimes the primer used as padding to eject the bullet is made of lead that bursts into the air. “You have to remember that the primer is exploding right by people's faces,” he adds.There are now questions about whether Haines' story could be similar to what may have happened to an employee at the shooting range in Coronado.A report from the Occupational Safety and Health Administration (OSHA) shows that the range was issued a violation in 2014 that has to do with an employee being exposed to lead.Two other preliminary violations for possible lead exposure were also reported that year. Both were deemed "serious" but were deleted following an informal settlement agreement, which required the shooting range to make changes.Although the findings are from five years ago, the military is still dealing with them.In July, a spokesperson for Naval Special Warfare (NSW) sent 10News the following statement:“NSW's number one priority is the health, safety, and readiness of our people -- military and civilian. We take reports of safety issues seriously. In the end OSHA and the Navy agreed to an amended report to which we fully implemented the agreed upon amended requirements. I'm not going to get into the details you are asking due to on-going litigation with an individual who was involved in these matters. We are not facilitating interviews at this time because of that litigation.”OSHA is in charge of inspecting gun ranges and lead levels in 28 states. The Administration reports that people can still work their jobs when their blood lead level is 40 micrograms per deciliter (μg/dL).However, the National Institute of Health claims that no amount of lead in your blood is safe.When Haines was first hired, the range checked his blood and found it was 3 μg/dL. Just 8 months later, he says it jumped to 60 μg/dL.This spring, the government reported, in part, that OSHA is “exploring regulatory options to lower blood lead levels in affected workers”.It’s finally considering dropping the levels from 40 μg/dL to less than 10 μg/dLin adults. Businesses can protect you with a proper air filtration system, with air blowing away, toward the targets. Experts say you can protect yourself by wearing masks when shooting or working at a range, wearing gloves while firing or cleaning up and washing your shooting clothes separately from other clothing. They’re small steps to take to prevent the little-known threat that even Haines, a range safety officer, wasn't aware of. “They could go for years and they may not recognize the symptoms. Had I not had someone who was observant, I probably would not have attached it to the lead,” he adds. 4538
Claire's, the fashion and accessories chain that's a staple of suburban malls across the country, could be the next retailer to file for bankruptcy, according to Bloomberg.Bloomberg reports that Claire's will have .4 billion in debt mature this year, and has a million debt payment due next week. The report also says that Claire's parent company, Apollo Global Management, LLC, is working on a deal that would pass control of the retailer to lenders. 465