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Lawyers for CNN and the Trump administration are awaiting an initial ruling on the network's federal lawsuit over press access to the White House.And they're going to have to wait a little while longer.Judge Timothy J. Kelly heard nearly two hours of oral arguments about CNN's request for a temporary restraining order and preliminary injunction on Wednesday. Then he said court would reconvene Thursday at 3 p.m.But on Thursday afternoon, he rescheduled the next hearing for Friday at 10 a.m.If Kelly grants CNN's requests on Friday, CNN chief White House correspondent Jim Acosta would get his press pass back for a short period of time. If it's denied, Acosta's pass will remain suspended.Either way, this is just round one. By filing for a temporary restraining order, CNN is seeking what's known as "emergency relief." CNN is arguing that Acosta's First Amendment rights are being violated every day he is banned from White House grounds.CNN is also asking for "permanent relief," meaning a declaration from the judge that Trump's revocation of Acosta's press pass was unconstitutional. This legal conclusion could protect other reporters from retaliation by the administration.But the judge will not be ruling on that yet. Kelly is only expected to weigh in on the temporary status of Acosta's press pass.Further hearings are likely to take place in the next few weeks, according to CNN's lawyers.The lawsuit alleges violations of the First and Fifth Amendments.Kelly, a Trump appointee, has been on the federal bench just more than a year now. He was very inquisitive at Wednesday's hearing, asking tough questions of both sides, drilling particularly deep into some of CNN's arguments.A Justice Department lawyer, James Burnham, argued that the Trump White House has the legal right to kick out any reporter at any time for any reason.Burnham, who's been tasked with defending President Trump and several White House aides from CNN and Jim Acosta's lawsuit, was responding to a hypothetical from Kelly. Burnham said that it would be perfectly legal for the White House to revoke a journalist's press pass if it didn't agree with their reporting. "As a matter of law... yes," he said.Burnham's comment in court made the stakes of CNN v. Trump crystal clear.Attorney Theodore Boutrous, representing CNN in court, called Trump's move to revoke Acosta's hard pass "the definition of arbitrariness and capriciousness.""What are the standards?" Boutrous asked. "Rudeness is not a standard. If it were, no one could have gone to the press conference."Boutrous also commented that Trump is "the most aggressive, dare I say rude, person in the room" at press conferences.Burnham said CNN had made an "odd First Amendment injury" claim and suggested that Acosta could do his job "just as effectively" watching the president's appearances piped into a studio on CNN. In response, Boutrous said the DOJ had a "fundamental misconception of journalism." 2971

LAS VEGAS — A window washer is dead after falling at the Trump International Hotel in Las Vegas.The fall was reported at 12:33 p.m. local time on Wednesday.He was pronounced deceased at University Medical Center.Witnesses say gusty winds had pushed the rigging against the building several times before the man fell.OSHA will be investigating the incident with investigators checking the worker's equipment.A spokesperson for the Trump Organization released the following statement:“We are deeply saddened to learn of the incident today. We are working diligently with the owner of the third party company to investigate the details. Our thoughts and prayers are with the victim and his family.”  719

LAKESIDE (CNS) - A pileup on a rain-slick stretch of state Route 67 north of San Vicente Reservoir left one motorist dead Monday and another seriously injured.The chain-reaction series of crashes took place shortly before 7 a.m., when a 37-year-old Alpine woman lost control of her northbound Toyota Yaris near Foster Truck Trail in Lakeside, sending it veering sideways into the path of a southbound Chevrolet Silverado 3500 pickup, according to the California Highway Patrol.The resulting broadside collision fatally injured the driver of the subcompact car, CHP public-affairs Officer Travis Garrow said. Her name was withheld pending family notification.Following that crash, the truck, which was towing a trailer, careened onto the northbound side of the street, where a Chevrolet HHR station wagon hit it head-on.At that point, a Chevrolet 1500 pickup struck the back end of the HHR, and a Toyota Prius hit the right side of the Chevrolet 3500, Garrow said.Paramedics took the unidentified driver of the HHR to UCSD Medical Center in San Diego for treatment of major injuries. The other two motorists and a passenger in one of the vehicles suffered minor injuries in the wreck and did not require hospital care."It is believed all parties involved were wearing a seatbelt at the time of the collision," Garrow said.Intoxication was not believed to have been a factor in this accident, according to the CHP. 1420

Las Vegas’ entertainment industry is uniting in unprecedented fashion in support of the victims of the October 1 tragedy.  On Dec. 1 at 7:30 p.m., T-Mobile Arena will host the Vegas Strong Benefit Concert, a special evening of entertainment featuring Boyz II Men, Cirque du Soleil, David Copperfield, Imagine Dragons, Penn & Teller, The Killers, and others soon to be announced.  Proceeds from the event will benefit the Las Vegas Victims Fund.Tickets ranging from - 5 go on sale tomorrow, Nov. 8, at 10 a.m. and will be available online at www.AXS.com or by calling the AXS Call Center at 888.929.7849.  Here's a look at some of the acts scheduled to perform.Boyz II Men 705

LEE COUNTY, Fla., — Your child gives it their all, both time and effort, yet struggles to complete a homework assignment.Another child scribbles their name on a piece of paper and turns it in.Technically, both students could get the same grade according to an investigation by Scripps station WFTX in Fort Myers, Florida that’s uncovering the tactics teachers and administrators are using to boost low grades.WFTX's Tony Sadiku obtained emails from a Harns Marsh Middle School assistant principal to teachers asking for everyone’s commitment to follow the school’s grading policy, '50% minimum, 0 = 50' in a practice known as minimum grading.Teachers say students who would otherwise get a zero are given between a 50 to 59 percent regardless of whether they prove they’ve learned anything. If a student doesn’t turn in a single assignment all quarter, they’ve earned a 50% at some schools. The principal at Harns Marsh told teachers in 2016 via email, “A 60 for our students that are trying but are several grade levels behind academically is fair.”Some parents said they disagree.  “I don’t believe it’s fair, by no means,” said one parent of a 7th grader at the school.Several parents said they've never heard of minimum grading.  Even some Lee County School Board members said they were unaware of the school’s grading practice.  “I know of no such policy, formal or informal, in Lee County schools,” said Board Member Cathleen Morgan.“I am not aware of such a policy,” said Board Member Dr. Jane Kuckel. “I think every parent needs to be aware of the grading policy,” said Mark Castellano, a former Lee County public school teacher. The Lee County School District said minimum grading is not a District policy, but a practice implemented by some schools and teachers to encourage struggling students. “Often times a zero can completely deteriorate a grade and they will lose interest because they think there’s no way for them to get a passing grade,”  said Dr. Wanda Creel, the District’s Chief Academic Officer. “When students will grasp those concepts is really is on a personalized individualized basis. Minimum grading allows students to stay engaged while still learning and for teachers to continue to work with them through the process.”Creel said the goal is for students to pass on their own.But does a better grade on a report card mean students are actually learning?While students may have a better shot at passing their classes because of minimum grading, numbers from the Florida Department of Education show many still aren’t testing well.At Harns Marsh Middle school, 38 percent passed the English Language Arts Florida Standards Assessment test in 2017. In the entire District, 53 percent of middle schoolers passed.Harns Marsh kids also had lower numbers in the FSA Mathematics Test. Only 35 percent of kids passed last year compared to 51 percent of middle schoolers in the District who passed.Middle school students who don’t pass are still promoted to the next grade level, but may be more likely to struggle down the road.Statistically, 8th graders are more likely to be retained than 6th and 7th graders according to the Florida Department of Education.“Teachers will begin to think that I need to retain because this child doesn’t seem to be able to tackle the issues in high school,” Creel said. “A retained 8th grader can be one of the highest indicators of a dropout. We are finding strategies to help our overaged 8th graders to get the credits they need so they can move on to high school.”“You have kids that are absolutely motivated and they love learning. Those kids you rarely have to do anything. Then you have kids that struggle. They struggle with their home life. They struggle with their socioeconomic situations,” Castellano said.But is adjusting a student’s grade closer to passing the solution?“What are we teaching kids in terms of their personal responsibility for their education?” Castellano said.Castellans says in his nearly 30+ years of teaching, not once has he used the practice. “What they’re saying is for those kids the grade is irrelevant, it’s not going to motivate them,” said Robert Kenny, a professor of education at Florida Gulf Coast University. School Board Member Jane Kuckel supports minimum grading policies at some schools.“All students learn and thrive in different ways," she said. "The outcomes are non-negotiable. The process for getting there needs to be tailored to the achievement levels and learning styles of the students.”One parent argues her child earning the grade matters more.“It’s a big deal cause he needs to learn and he needs to make it in this world," the parent said. "The world is not going to give him a free pass forever and they don’t need to learn that in middle school.” The District said they plan to set up committees next fall to evaluate how minimum grading is being done to come up with a more uniform approach across the District.  5113