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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 DIEGO — San Diego is playing a pivotal role as a testing ground for the future border wall while the region prepares for President Trump’s visit Tuesday.WHY SAN DIEGO?The region, specifically Otay Mesa, was selected as a location for the eight prototypes because of site accessibility to construct and the ability to evaluate the wall as part of a larger, existing border infrastructure system, according to U.S. Customs and Border Protection spokesman Ralph DeSio.San Diego County’s value as a construction site was detailed in a presentation made by the Department of Homeland Security and obtained by NPR.CBP officers can compare the performance of the prototypes to underperforming existing materials in the same location, according to the document. The prototypes can also be evaluated for the impact on operations in an existing enforcement zone.The land where the prototypes are constructed is federally owned, making the project more affordable.As far as the CBP is concerned, the proof of the border wall’s success is in the pudding. A video made by the agency showed an 87 percent reduction in arrests at the border after the creation of a physical barrier.FINANCIAL IMPACT OF THE BORDER WALLSan Diego had funds earmarked for border wall construction ahead of the prototype construction. The CBP allocated 9,000 to replace the primary fence and replace the secondary fence with a wall in the 2017 fiscal year.Despite the federal green light, the San Diego City Council formally opposed the project.The group voted to support Councilmember Georgette Gómez’s proposal to oppose the Border Wall Funding Act of 2017.In her resolution, Gómez cited a San Diego Association of Governments and Caltrans study on the economic impacts of border delays on the cross-border economy. The study found the effects of border crossing delays cost .2 billion in foregone gross output and more than 62,000 jobs in both the U.S. and Mexico economies in 2007."As a city that is invested in the binational economic development of our region, it is important to oppose the building of a wall and focus our resources in enhancing our border infrastructure to ease access of goods and people," Gómez wrote.“The border wall is a huge mistake for our region economically and environmentally. I am happy the City Council voted to pass my resolution. Our tax dollars should be spent uplifting the quality of life for all San Diegans, and tackling our issues on road infrastructure, housing, and homelessness,” she said.For the immediate neighbors of the border wall prototypes, the initial impact has been positive.Otay Pizza manager Wade Aljabi said he’s had an increase in business from CBP officers and construction workers.That might change tomorrow as President Trump’s visit leads to road closures just east of his location in a strip mall at SR-905 and Siempre Viva Rd.“We’ll be open 7 to 7,” Aljabi said. 2925

SAN BERNARDINO, Calif. (AP) — A jury is deliberating in the trial of a Southern California man charged with killing a family of four and burying their bodies in the desert.Jurors on Thursday got the case brought by San Bernardino County prosecutors against 62-year-old Charles "Chase" Merritt.Merritt's business associate Joseph McStay, McStay's wife Summer and the couple's 3- and 4-year-old sons vanished from their San Diego County home in 2010. Three years later, their bodies were found in shallow desert graves more than 100 miles away.Merritt was arrested in 2014. Authorities said they traced his cellphone to the gravesite area and to a call seeking to close McStay's online bookkeeping account.The trial began in January. If Merritt is convicted of the murders, prosecutors will seek the death penalty. 820
SAN DIEGO (AP) -- The Trump administration fully restored the Obama-era Deferred Action for Childhood Arrivals (DACA) program for immigrants brought to the U.S. as young people, complying with a federal judge's order.The announcement is a major victory for people who have been unable to apply since Trump ended DACA in September 2017. His administration has long argued that DACA is unconstitutional.There is a key hearing Dec. 22 in Texas in a lawsuit by several states challenging DACA's legality.President-elect Joe Biden has pledged to reinstate DACA when he takes office in January but permanent legal status and a path to citizenship would require congressional approval. 686
SAN DIEGO (CNS) - A 69-year-old man was hospitalized this morning with a broken leg he sustained in a hit-and-run crash in the Teralta West neighborhood.The pedestrian was crossing northbound at the intersection of Orange and Central avenues at 10:15 p.m. Friday when a vehicle driving east on Orange Avenue turned north onto Central Avenue and struck the man, according to Officer Robert Heims of the San Diego Police Department.The vehicle backed up after the crash, then drove away west on Orange Avenue, Heims said.The victim sustained non-life-threatening injuries and was taken to a hospital, Heims said.The suspect vehicle was described as a light-colored, 4-door sedan, possibly a Pontiac G6 or similar vehicle. A description of the driver was not available. 774
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