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The most active volcano on Earth has captured our fascination again. Not to mention our fear and respect: 1,700 people had to flee their homes as lava broke the surface near their community Thursday and Friday.The activity appears to be continuing into the weekend, with strong earthquakes of up to a highly unusual preliminary magnitude of 6.9, more ground cracks opening, and new vents opening within residential areas.Kilauea volcano, on the Big Island of Hawaii, has been erupting continually along its East Rift Zone since 1983. Most of the time, the lava flows south toward the ocean, threatening nobody. But occasionally it goes in a different direction.This is what happened this time. And luckily, no one was hurt, authorities say. 748

The Justice Department responded to CNN's lawsuit over the revocation of Jim Acosta's press pass on Wednesday, saying in a court filing that the White House rejects the idea that it can't pick and choose which journalists can be given a permanent pass to cover it."The President and White House possess the same broad discretion to regulate access to the White House for journalists (and other members of the public) that they possess to select which journalists receive interviews, or which journalists they acknowledge at press conferences," lawyers say in the filing.Both CNN and Acosta are plaintiffs. The suit alleges that their First and Fifth Amendment rights are being violated by the ban.Judge Timothy J. Kelly, a Trump appointee, has scheduled a hearing for Wednesday at 3:30 p.m.CNN and Acosta are asking Kelly for a temporary restraining order and a preliminary injunction that would restore his access right away.Lawyers for CNN and Acosta are arguing that time is of the essence because his rights are violated every day his pass is suspended.They are also seeking a declaration that Trump's action was "unconstitutional, in violation of the First Amendment and the Due Process Clause of the Fifth Amendment." This could protect other reporters against similar actions in the future."This is a very, very important case," Ted Olson said. Olson, a Republican heavyweight who successfully argued for George W. Bush in Bush v. Gore, is representing CNN along with another prominent outside attorney, Theodore Boutrous, and the network's chief counsel, David Vigilante.Olson said Tuesday that it was Acosta whose press pass was suspended this time, but "this could happen to any journalist by any politician."He spoke forcefully against Trump's action. "The White House cannot get away with this," he said in an interview with CNN anchor Brooke Baldwin.CNN's lawyers say the case hinges on Acosta and CNN's First Amendment rights; the shifting rationales behind the ban; and the administration's failure to follow the federal regulations that pertain to press passes, an alleged violation of Fifth Amendment rights.Tuesday's lawsuit rejected the White House's claim that Acosta acted inappropriately at a press conference last week. The suit says this is really about Trump's dislike of Acosta.The "reasonable inference from defendants' conduct is that they have revoked Acosta's credentials as a form of content- and viewpoint-based discrimination and in retaliation for plaintiffs' exercise of protected First Amendment activity," CNN's lawsuit alleges.Many media law experts, unaffiliated with CNN, believe the network has a very strong case.Judge Andrew Napolitano, the top legal analyst on Trump's favorite network, Fox News, said the same thing on Tuesday. "I think this will be resolved quickly," he said, adding "I think it will either be settled or CNN will prevail on motion."If there is no settlement, CNN is requesting a jury trial.In an interview with Wolf Blitzer, Boutrous said the government officials are being sued in their "official capacity," but "there is a possibility of damages claims," which would mean suing them personally.Blitzer pointed out that the officials would have to "go out and hire their own attorneys."It is incredibly rare to see a news organization suing a president.Fox News supports CNN in lawsuit against White House, network's president saysFred Ryan, the publisher and CEO of the Washington Post, expressed his support for the action Tuesday night. "We support CNN in its effort to restore the press credentials of its White House reporter," Ryan said. "It is a journalist's role to ask hard questions, hold the powerful to account and provide readers with as much information as possible."The White House Correspondents' Association is also standing behind CNN. The group said Tuesday that the president "should not be in the business of arbitrarily picking the men and women who cover him." 3956

The man accused of pursuing and killing 20-year-old Mollie Tibbetts had worked four years at an Iowa dairy farm based on false identification, his employer said Wednesday."What we learned in the last 24 hours is that our employee was not who he said he was," said Dane Lang, the co-owner and manager of Yarrabee Farms.That revelation came about an hour after the employee, Cristhian Bahena Rivera, was arraigned on a first-degree murder charge for the killing of Tibbetts. His bond was set at million and his next court hearing is scheduled for August 31.Tibbetts went missing last month after going out for an evening run in Brooklyn, Iowa, and her disappearance launched an extensive search in the region.On Tuesday, Rivera -- who confessed to following her as she ran on a country road -- led authorities to the field where a body believed to be hers was buried under corn stalks, officials said. 910

The hottest gift this holiday season is a new gaming system under the tree.Microsoft's new XBox Series X and Sony's new PlayStation 5 are the hardest-to-find items this Christmas, quickly becoming the Furby or Hatchimal of 2020.To make it even more frustrating, some people who ordered one are ending up with nothing after a Kohl's website malfunction, Walmart Thanksgiving night fail, and Amazon package thefts.Kohl's, Walmart frustrationJerris Williams is one of the few lucky ones: he showed us his new PS5, which he found at Target the other morning at 6 a.m."We finally got one," he said, "and it was almost like a lottery."He thought he found one on Kohl's website a couple of days earlier, as did thousands of other shoppers."Kohl's went live, which means they were starting to sell the PlayStation 5," he said. "And that went on at 1:30 in the morning."Williams quickly got a confirmation from Kohl's that a PS5 was on the way, only to have his hopes dashed hours later."We were happy, excited, celebrating. And then the next morning, they canceled on us."Kohl's confirms to us that it was unable to fill all PS5 orders.The electronics blog Techspot suspects thousands of people were left empty-handed by the website glitch.The one consolation: Williams gets to keep 0 in bonus Kohl's cash for his trouble. Kohl's says it is still giving bonus cash to all the people who had their orders canceled."I'm doing the math in my head," he said. "All my friends have the same thing, so that's a lot of money that they are all giving away for nothing."Walmart website failWalmart attempted to do shoppers a favor Thanksgiving night, announcing they were putting up several thousand PS5s at 9 p.m.But most shoppers ended up like Stephanie Meibers, with an error message when they tried to grab one the minute the Walmart site went live."I tried to add to cart," she said. "Then you get the 'oh dear' message, a little dog with antlers, and then I get 'We are getting temporary internet issues.' Then the next thing it said it was out of stock, and 'We have moved it to your save for later folder.'"Tech sites blame what they call "Grinch bots," automated programs that grabbed the inventory immediately, before shoppers could get out their credit cards.Complaints of Amazon switcheroosBut Kohl's isn't the only retailer trying to soothe angry and frustrated customers right now.With Amazon, it's a whole different problem.Some Amazon customers (most in England so far) are posting photos of other things they claim showed up in their XBox or PS5 shipping box.Buyers claim they received everything from brown paper, to a foot massager, to a box of Purina cat food. 2675

The neon lights of Broadway’s Honky Tonk bars are still shining brightly each night in downtown Nashville, Tennessee. But across this city that's soul heavily beats to the pulse of local musicians’ songs, many independent music venues are in danger of going dark for good.Since 1971, Exit/In near the city’s west end neighborhood has long been a beacon for smaller artists looking to make it big. Over the years, everyone from Billy Joel to Cheryl Crow to Jimmy Buffet has graced the stage here. But it’s the smaller, less well-known artists who truly rely on a black box venue like this one.“It’s a purist’s room. It’s just a great old school style place,” explained owner Chris Cobb.Since March though, Exit/In and thousands of other venues like it across the country have been shut down--forced to close their doors because of the coronavirus.“It’s just not safe. It’s not safe to do what we do right now, unfortunately, and there’s no pivot option. We can’t curbside a concert, we can’t to-go a concert,” Cobb lamented.It’s that kind of daunting reality facing owners of clubs, venues and smaller music halls across the country. Many have already run out of money and most are out of time. Aside from the 57 employees that Cobb had to lay off, there are also closed signs now popping up on businesses around the neighborhood who rely on live shows to bring customers in.“We’re on the edge of a cliff with a huge number of venues right there at the edge and about to go over, and they won’t come back,” he added.While it’s not a giant stadium, venues like Exit/In are the kind of spaces where smaller artists get their start. In cities across the country, independent venues are deeply engrained in the culture of the communities they operate in.For musician Daniel Donato, not having a stage like Exit/In to play on has been difficult.“I want to create memories that people can go back to. I want to be somebody’s Friday night. And the first thing a musician plays is the venue, they don’t play their instrument, they play the venue they’re in,” Donato said.In addition to the income he’s lost, the 25-year-old musician is also missing out on a chance to refine his craft. There are countless musicians like him across the country stuck in a kind of painful limbo.“I have to have the energy of the people in the room, take that, put it in a guitar and make it something great,” he added.By the end of the year, live performance venues are expected to lose about billion on ticket sales alone. Because of the impending crisis facing smaller venues, nearly 2,800 have banded together to form the National Independent Venue Association (NIVA).A stunning 90 percent of venues in the organization say they will close by the end of the year without any federal assistance.“It’s happening and every day that goes by is a risk that it happens more, people have run out of money,” explained Audrey Fix Schaefer, who serves as the director of communication for the group.In recent months, NIVA has created the "Save Our Stages Act." It’s a billion grant program for independent venues with bi-partisan support. Now, all they need is a vote in Congress.“People have run out of money and they’re running out of hope,” she added.As for Cobb, it's not just about the jobs that have been lost, it's about the music that the country may never hear if independent venues go silent forever.“It’s hard to think about American music without this network of independent music venues that have existed in this country for decades now. American music, as we know it, would not exist. I’m afraid that’s what we’re about to learn the hard way is it can’t exist the way we know it if these venues go away,” Cobb said.But for now, that's a song Cobb is trying not to write, hoping that the sun doesn't permanently set on some of the nation's most beloved stages. 3854