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Three Democratic senators on Monday filed a lawsuit challenging the appointment of acting Attorney General Matt Whitaker, ratcheting up the court effort to declare his placement atop the Justice Department as unconstitutional.Sens. Richard Blumenthal of Connecticut, Sheldon Whitehouse of Rhode Island and Mazie Hirono of Hawaii filed the suit in US District Court on Monday, represented by the groups Protect Democracy and the Constitutional Accountability Center.The lawsuit is only the latest challenge to Whitaker's appointment to replace Jeff Sessions after President Donald Trump fired his attorney general the day after the election.Whitaker was serving as Sessions' chief of staff, and has not gone through the Senate confirmation process in that role. His appointment leap-frogged Deputy Attorney General Rod Rosenstein, which also gave Whitaker control over special counsel Robert Mueller's investigation that had previously been supervised by Rosenstein.Whitaker's appointment has been criticized because of his vocal criticisms of the Mueller investigation, and Democrats have previously urged him to recuse himself from the probe in addition to questioning the constitutionality of his appointment.Last week, the Justice Department issued a memo defending Whitaker's appointment, concluding that it was legally justified under the Vacancies Reform Act.The Senate Democrats' lawsuit, however, argues that his appointment his unconstitutional under the Constitution's Appointments Clause requiring Senate confirmation of high-level federal appointees.In addition to the lawsuit filed Monday, Maryland's attorney general filed suit last week asking a federal judge to replace Whitaker with Rosenstein.The-CNN-Wire 1731

Theresa May vowed to fight for her political life Wednesday after members of her own party triggered a vote of no-confidence in her leadership over her handling of Brexit.If she loses the vote, which will take place on Wednesday evening, she will be out as British Prime Minister.The starting gun was fired after 48 Conservative Members of Parliament submitted letters demanding a vote to the 1922 Committee, which represents rank-and-file Conservative MPs in the House of Commons.Appearing on the steps of Downing Street, May was in bullish mood, promising to fight the contest with "everything I've got." 614

They’ve been fighting in Wisconsin and Pennsylvania over the cutoff date for counting mailed ballots, and in North Carolina over witness requirements. Ohio is grappling with drop boxes for ballots as Texas faces a court challenge over extra days of early voting.Measuring the anxiety over the November election is as simple as tallying the hundreds of voting-related lawsuits filed across the country in recent months. The cases concern the fundamentals of the American voting process, including how ballots are cast and counted, during an election made unique by the coronavirus pandemic and by a president who refuses to commit to accepting the results.The lawsuits are all the more important because President Donald Trump has raised the prospect that the election may wind up before a Supreme Court with a decidedly Republican tilt if his latest nominee is confirmed.“This is a president who has expressed his opposition to access to mail ballots and has also seemed to almost foreshadow the inevitability that this election will be one decided by the courts,” said Kristen Clarke, executive director of the National Lawyers Committee for Civil Rights Under Law.That opposition was on display Tuesday during the first presidential debate when Trump launched into an extended argument against mail voting, claiming without evidence that it is ripe for fraud and suggesting mail ballots may be “manipulated.”“This is going to be a fraud like you’ve never seen,” the president said of the massive shift to mail voting prompted by the pandemic.The lawsuits are a likely precursor for what will come afterward. Republicans say they have retained outside law firms, along with thousands of volunteer lawyers at the ready. Democrats have announced a legal war room of heavyweights, including a pair of former solicitors general.The race is already regarded as the most litigated in American history, due in large part to the massive expansion of mail and absentee voting. Loyola Law School professor Justin Levitt, a former Justice Department elections official, has tallied some 260 lawsuits arising from the coronavirus. The Republication National Committee says it’s involved in more than 40 lawsuits, and a website operated by a chief Democrat lawyer lists active cases worth watching in about 15 states.Democrats are focusing their efforts on multiple core areas — securing free postage for mail ballots, reforming signature-match laws, allowing ballot collection by third-parties like community organizations and ensuring that ballots postmarked by Election Day can count. Republicans warn that those same requests open the door to voter fraud and confusion and are countering efforts to relax rules on how voters cast ballots this November.“We’re trying to prevent chaos in the process,” RNC chief counsel Justin Riemer said in an interview. “Nothing creates more chaos than rewriting a bunch of rules at the last minute.”But there have been no broad-based, sweeping examples of voter fraud during past presidential elections, including in 2016, when Trump claimed the contest would be rigged and Russians sought to meddle in the outcome.Some of the disputes are unfolding in states not traditionally thought of as election battlegrounds, such as Montana, where there is a highly competitive U.S. Senate race on the ballot. A judge Wednesday rejected an effort by Trump’s reelection campaign and Republican groups to block counties from holding the general election mostly by mail.But most of the closely watched cases are in states perceived as up-for-grabs in 2020 and probably crucial to the race.That includes Ohio, where a coalition of voting groups and Democrats have sued to force an expansion of ballot drop boxes from more than just one per county. Separately on Monday, a federal judge rejected changes to the state’s signature-matching requirement for ballots and ballot applications, handing a win to the state’s Republican election chief who has been engulfed with litigation this election season.In Arizona, a judge’s ruling that voters who forget to sign their early ballots have up to five days after the election to fix the problem is now on appeal before the 9th U.S. Circuit Court of Appeals.A federal appeals court on Tuesday upheld a six-day extension for counting absentee ballots in Wisconsin as long as they are postmarked by Election Day. The ruling gave Democrats in the state at least a temporary victory in a case that could nonetheless by appealed to the U.S. Supreme Court. In neighboring Michigan, the GOP is suing to try to overturn a decision that lets the state count absentee ballots up to 14 days after the election.In battleground North Carolina, where voters are already struggling with rules requiring witness signatures on absentee ballots, the RNC and Trump’s campaign committee have sued over new election guidance that will permit ballots with incomplete witness information to be fixed without the voter having to fill out a new blank ballot.In Iowa, the Trump campaign and Republican groups have won a series of sweeping legal victories in their attempts to limit absentee voting, with judges throwing out tens of thousands of absentee ballot applications in three counties. This week, another judge upheld a new Republican-backed law that will make it harder for counties to process absentee ballot applications.Pennsylvania has been a particular hive of activity.Republican lawmakers asked the U.S. Supreme Court on Monday to put a hold on a ruling by the state’s highest court that extends the deadline for receiving and counting mailed-in ballots. Republicans also object to a portion of the state court’s ruling that orders counties to count ballots that arrive during the three-day extension period even if they lack a postmark or legible postmark.Meanwhile in federal court, Republicans are suing to, among other things, outlaw drop boxes or other sites used to collect mail-in ballots.The Supreme Court itself has already been asked to get involved in several cases, as it did in April, when conservative justices blocked Democratic efforts to extend absentee voting in Wisconsin during the primary.There is, of course, precedent for an election that ends in the courts. In 2000, the Supreme Court settled a recount dispute in Florida, effectively handing the election to Republican George W. Bush.Barry Richard, a Florida lawyer who represented Bush during that litigation, said there’s no guarantee the Supreme Court will want to get involved again, or that any lawsuit over the election will present a compelling issue for the bench to address.One significant difference between then and now, he said, is that neither candidate raised the prospect of not accepting the results.“There was never any question, in 2000, about the essential integrity of the system. Neither candidate challenged it,” Richard said. “Nobody even talked about whether or not the losing candidate would accept the results of the election. That was just assumed.”_____Follow Eric Tucker on Twitter at http://www.twitter.com/etuckerAP 7075

Three UCLA basketball players accused of shoplifting in China last week were flying back to Los Angeles on Tuesday, the commissioner of the Pacific-12 athletic conference said, hours after US President Donald Trump said he asked his Chinese counterpart to help in the case.The three freshmen -- LiAngelo Ball, Cody Riley and Jalen Hill -- were allowed to leave China on the US-bound flight after the situation was "resolved to the satisfaction of the Chinese authorities," said Larry Scott, commissioner of the Pac-12 Conference, of which UCLA is a member."We are all very pleased that these young men have been allowed to return home to their families and university," Scott said in a news releaseThe three were arrested last week while their team was in the Chinese city of Hangzhou ahead of the squad's season opener in Shanghai. They were questioned on suspicion of stealing sunglasses from a Louis Vuitton store near their hotel.The trio stayed at the hotel, reportedly awaiting next steps in their case, while their teammates went to Shanghai, where UCLA defeated Georgia Tech 63-60 on Saturday. The three also remained in China as their team returned to the United States over the weekend.Scott did not say how the case was resolved; a conviction of grand larceny in China could result in years of prison. But Trump said Tuesday that he had asked Chinese President Xi Jinping to help.UCLA's trip coincided with Trump's two-day state visit to the Chinese capital, Beijing, as part of his 13-day trip to Asia. Trump told reporters Tuesday that Xi had been helpful in working to resolve the case.Scott acknowledged Trump, among others, in his statement."We are grateful for the role that our Chinese hosts played, and for the courtesy and professionalism of the local authorities," Scott said. "We also want to acknowledge UCLA's significant efforts on behalf of their student-athletes."Finally, we want to thank the President, the White House and the US State Department for their efforts towards resolution."Trump's request was first reported by the Washington Post.  2086

There are many questions and few answers after President Donald Trump announced that he and first lady Melania Trump have tested positive for the coronavirus.One thing is for sure: The ripple effects from Trump’s diagnosis are extensive.The president said he and the first lady will isolate following their confirmed positive coronavirus test. That means Trump’s visit to Florida on Friday for a scheduled Make America Great Again rally is off. He was also scheduled for a roundtable with supporters in Washington on Friday. That is now canceled.Only one event now remains on Trump’s schedule for Friday: A phone call on COVID-19 support to vulnerable seniorsAlso, senior Trump aide Hope Hicks is isolating at home after she is confirmed to have the virus. It is unclear if other staffers who were in contact with Hicks and the president have also come down with the virus. Both Trump and Hicks were seen on Wednesday in Marine One in close contact with other staffers including Jared Kushner.With a now confirmed outbreak of the coronavirus inside the White House, a number of senior staffers, Secret Service agents, aides and others may be required to quarantine. How the White House will function with a president in isolation and senior staff in quarantine remains in question.But the president’s physician showed optimism that Trump can continue his duties as president.Dr. Sean Conley said, "Rest assured, I expect the President to continue carrying out his duties without disruption while recovering and I will keep you updated on any future developments."The CDC says that for those with confirmed coronavirus cases, isolation is necessary for 10 to 20 days.“For most persons with COVID-19 illness, isolation and precautions can generally be discontinued 10 days after symptom onset and resolution of fever for at least 24 hours, without the use of fever-reducing medications, and with improvement of other symptoms,” the CDC said. “A limited number of persons with severe illness may produce replication-competent virus beyond 10 days that may warrant extending duration of isolation and precautions for up to 20 days after symptom onset; consider consultation with infection control experts.”There are also questions on how this impacts Joe Biden’s campaign. Biden shared a stage with Trump on Tuesday, and senior staff of both candidates sat in the audience for Tuesday’s debate.Also, questions on what role Vice President Mike Pence will be forced to play in the coming weeks is in question. 2511