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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

SAN ANTONIO, Texas -- Francisco is a young entrepreneur who loves working with his hands. His dream is to start his own company, but it never seemed very realistic until now.“I will be attending Texas A&M San Antonio and I will be studying business,” Francisco said.Francisco is a first-generation college student. However, he wasn’t sure college would be in the cards for him since another term to define him is undocumented immigrant.“Sometimes you feel like separated from everybody because they’re like, 'oh you’re an immigrant, you’re not from here.’ So, sometimes it’s harder for you because people categorize you,” Francisco said.He says his parents worked hard to make sure he was taking full advantage of his education."My mom legit, she took English classes just to try to help me with school. So that was a major impact for me and I was so grateful for it.”No matter how hard his parents worked, it was still difficult for his family to navigate the U.S. education system, especially considering the added challenges undocumented students face.“For example when my mom would call counselors and ask questions and stuff like that, sometimes they didn’t give you the right information, or they didn’t give you the full information that you need to know,” Francisco said.Francisco’s situation is nothing new, but a nonprofit is trying to change that. Viridiana Carrizales is the co-founder and CEO of ImmSchools.“ImmSchools was created in response to the lack of support that exists in k-12 for undocumented students and families," Carrizales said. "As co-founders we are all formally undocumented women who experienced and navigated k-12 being undocumented and having undocumented parents.”From following protocol for Immigration and Customs Enforcement, to understanding a student’s right to pursue higher education, Carrizales says they want to make sure teachers and counselors are trained to help their immigrant students.“We’ve heard from many students that are a part of our programs that they’re still hearing from their teachers from their counselor that being undocumented, you really don’t have opportunities to go to college, that being undocumented you don’t have an opportunity to apply for scholarships,” Carrizales said.But really, going to college is possible, even for undocumented students. In fact, Francisco is now attending a four-year university with a full-ride scholarship through TheDream.Us that ImmSchools helped him apply for. Most scholarships require U.S. citizenship, but the TheDream.Us scholarship is offered to dreamers -- the young immigrants granted legal status after being brought to the U.S. as children.“I looked at my email and surprise to me I had gotten the scholarship. Which was amazing. I started crying, because it’s a major opportunity, because it’s a full-ride to a university,” Francisco said.His mother, Manuela, was in shock.“Lorre, lorre, y lo dicimos ‘wow’ ya lograste. Fue algo enorme,” Manuela said. (English translation: We cried and cried and said ‘wow, you did it.’ It was something huge.)Helping parents advocate for their children is another aspect of the nonprofit. Active in Texas, New York, and now New Jersey, Carrizales says the goal is to reach parents and schools across the nation.“We want our families to truly feel free. Because right now the first thought that comes to mind if you’re undocumented is your immigration status,” Carrizales said.Moving forward, Manuela and Francisco feel hopeful about his opportunities. Their suggestion to other families is to never give up.“Puedes alcanzar al cielo, pero sin dejar pisar el suelo porque mientras sepas de donde vienes y a se donde vas, todo va a estar bien contigo," Maneula said. (English translation: You can still reach for the stars without taking your feet off the ground because everything turns out well when you remember where you came from and where you’re going.)“Your education matters, your education is important. No matter your situation, there’s always a possibility for everything,” Francisco said. 4058

SACRAMENTO, Calif. (KGTV) - While some California counties are seeing stable rates of coronavirus cases and hospitalizations, others are seeing numbers they say raise concerns, according to the California Department of Public Health."We actively monitor all 58 counties and their current data," Governor Gavin Newsom said at a press conference on Monday.According to the California Department of Public Health's website, "The state will work closely with Local Health Departments to identify action steps and timelines for addressing issues that impact indicators of concern.”"We are providing technical assistance, we are providing resources, human resources and physical resources," Newsom said.As of Wednesday, state officials were working with 10 counties that have impact indicators of concern.At a Santa Barbara County Board of Supervisors meeting earlier this week, health officials explained the state's concern about hospitalizations.Health officials told the board, they were working to find out if the increase was in Santa Barbara County residents hospitalized or people from outside the county."What this means is we will be meeting with the state (Wednesday), the team, to talk about the drivers of the increased hospitalization and what our next steps in addressing and monitoring a stable hospitalization," Santa Barbara County health officials said on Tuesday.Other counties on the list are dealing with things such as elevated disease transmission potentially from public protests with large numbers of people in close proximity without face coverings and outbreaks in skilled nursing facilities and prisons.According to the California Department of Public Health's website, "Over the past several months, California has used data and science to drive our response to COVID-19. The county data posted below is intended to give Californians insight into how their county is doing and provide some early indication of developing areas of concern.""It is incumbent upon state and local governments, business sectors, and individuals to work together and take actions that limit the transmission of COVID-19. Only together can we make a difference," the site says. "Opened sectors should follow state guidance on how to reduce risk to the public, and individuals should continue to practice safety precautions such as wearing face coverings in public, physical distancing of at least six feet, frequent handwashing, and disinfecting surfaces. Those over 65 or those with underlying health conditions should continue to stay at home."Health officials say if a county that is being monitored meets the state threshold criteria three consecutive days, that indicator will no longer be flagged. 2712

SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SAN DEIGO (KGTV)-- Millions of students from around the world skipped class and took to the streets to call attention to climate change. San Diego was one of more than 3,600 locations that held the global Climate Change Walkout. Hundreds of teenagers marched from San Diego High School in Downtown to the San Diego Civic Center, hoping to make an impact, three days before the United Nations Climate Change Summit. It's a fight against time. Time, they say, the planet does not have. "Climate change is the existential threat of our generation," Elea Castiglione said. The sophomore at San Deigo High School organized the walkout with her friends. She and hundreds of students hoped their actions would inspire world leaders to take aggressive steps to combat climate change. Point Loma High School senior, Kisi Apaak performed her spoken-word piece, "Madness," at the San Diego Civic Center rally. Being 17, she said she does not have an income, nor does she have the right to vote. She said spoken-word is her way to show Mother Nature that she cares."This is all I know how to do, is write and talk and get out and take action," Apaak said. Many said they were inspired by Greta Thunberg, the 16-year-old Swedish climate change activist, who has now become the face of the movement. Activists here said San Diegans should be more involved, considering our geography."I think that San Diego as a city needs to go carbon neutral, and we also need to be leaders as a coastal city in our protest for nationwide and global change," Castiglione said. Change, they hope to see in the world, before it's too late."I'll pray. Pray with my hands and my feet and my voice. I'll pray that you join me before we don't have a choice," Apaak said in her performance. Several area school districts, including San Diego Unified, passed resolutions to support the campaign. Most of the walkouts required some form of parental permission. 1930

来源：资阳报