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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 (CNS) - A ``Stop the Steal'' rally will be held today from noon to 2 p.m. at Waterfront Park to support President Donald Trump's claims that November's presidential election was marked by fraud.The local rally coincides with Saturday's ``Million MAGA March'' in Washington, D.C., and similar events nationwide.A flier for the rally asks ``San Diego Patriots'' to ``rise up in defense of our Republic. The Communist Left cannot beat President Trump fairly, so they devised numerous illegal tactics to accomplish their nefarious coup,'' it states.The flier also says ``riot and violence is not tolerated.''The next event is in Poway on Sunday, the flier said. It will be held at 14969 Pomerado Road from 10 a.m. to 12:30 p.m. 741

SAN DIEGO (CNS) - A 22-year-old man was behind bars Friday on suspicion of robbing a Cherokee Point smoke shop at knifepoint, police said.The robbery was reported shortly after 11:30 p.m. Thursday at MA Smoke Shop, 3543 University Ave., San Diego police Officer Robert Heims said.The suspect, later identified as Mario Chavez, walked into the smoke shop and selected several items from a display, the officer said.He then allegedly walked up to the clerk holding a knife and demanded a lighter, Heims said. The clerk contacted police while the suspect was standing at the counter, then officers arrived a short time later and arrested Chavez, who was still in the store.Chavez was booked into San Diego Central Jail around 3:40 a.m. Friday on suspicion of robbery, according to jail records. 799

SALEM, Ore. (AP) — Hundreds of people gathered Monday afternoon in a small town south of Portland for a pro-President Donald Trump vehicle rally. It comes just over a week after a member of a far-right group was fatally shot after a Trump caravan went through downtown Portland. Oregon Public Broadcasting reported vehicles waving flags for Trump, the QAnon conspiracy theory, and in support of police gathered at Clackamas Community College in Oregon City. The rally's organizers said they did not plan to enter Multnomah County, where Portland is located. Oregon City is about 20 miles south of Portland. 614

SAN DIEGO (CNS) - A disheveled man stabbed two strangers within a block of each other Friday in North Park and failed to commandeer the second victim's car, authorities reported.The unidentified assailant -- who looked to be about 30 years old and homeless -- first attacked a 25-year-old pedestrian in the 4200 block of Ohio Street about 8 a.m., stabbing him in the leg and running into a nearby supermarket parking lot, according to San Diego police.A short time later, he tried to steal a 57-year-old man's car near the intersection of Howard Avenue and 30th Street, but when the victim resisted, the assailant stabbed him three or four times in the right arm, then fled on foot to the south, Sgt. Ed Zwibel said.Medics took the victims to a hospital for treatment of non-life- threatening wounds, Zwibel said.The suspect was described as a thin, roughly 5-foot-10-inch white man in a gray shirt. 907