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PASADENA, Calif. (AP) — A legal challenge to the Trump administration's planned border wall Tuesday hinged on whether the state of California and environmental groups can even fight such a project in lower courts.A three-judge panel of the 9th U.S. Circuit Court of Appeals struggled with a law that gave the Homeland Security secretary broad authority to waive all laws to expedite constructing sections of border wall. The law also restricted some legal challenges to the Supreme Court.Attorneys for the state and environmental organizations argued that the 2005 law had expired and the court should consider their claims that the federal government overstepped its authority and must comply with environmental laws.RELATED: Congress watchdog: Border wall may cost more, take longerAt issue before a three-judge panel in Pasadena, California, is a 2005 law that gave the Homeland Security secretary broad authority to waive all legal requirements, including the National Environmental Policy Act, Clean Air Act and Endangered Species Act. Those laws require time-consuming reviews and are subject to prolonged legal challenges that can delay or even derail projects.The case heard Tuesday is an appeal of a decision by U.S. District Judge Gonzalo Curiel of San Diego, who sided with the administration in February. The president had repeatedly berated Curiel during the 2016 campaign over an unrelated case involving fraud allegations and now-defunct Trump University.About 15 demonstrators gathered outside the courthouse Tuesday morning chanting, "Stand up, fight back" and carrying signs that said, "No walls in the wild" and "Freedom for immigrants."RELATED: Trump: billion for border wall funding isn't a red lineCalifornia argued that the waiver authority expired in 2008, when Homeland Security satisfied congressional requirements at the time on how much wall to build. It was joined in the appeal by the Center for Biological Diversity, the Sierra Club, Defenders of Wildlife and Animal Legal Defense Fund."It was a truncated Congressional debate from 13 years ago," attorney Brian Segee of the Center for Biological Diversity, who did not argue the case, said outside court. "All the discussion was, 'We want to complete the San Diego wall.' Now all that has been translated to 'We have the authority to waive all laws forever and in perpetuity.'"The administration has issued three waivers in the last year, two to build in parts of California and one in part of New Mexico. President George W. Bush's administration issued the previous five waivers, allowing the government to quickly extend barriers to about one-third of the border.RELATED: Trump: 'I would have no problem doing a shutdown' if no action on immigrationIn California, the government began replacing barriers on a 14-mile (23-kilometer) stretch in San Diego and a 2-mile (3-kilometer) stretch of Calexico. The waivers also cleared the way for it to build eight prototypes in San Diego to guide future designs.Trump is seeking billion over 10 years for the border wall and other border security technology and has held out the possibility of a government shutdown if Congress doesn't fund one of his signature campaign pledges. The administration received .6 billion this year and has requested the same amount in next year's budget, largely to build in Texas' Rio Grande Valley.Legal challenges to border barriers have failed over the years amid national security concerns. The Congressional Research Service said in a report last year that it saw no legal impediments to construction if deemed appropriate for controlling the border. 3637
PARMA, Ohio — It's a story 30 years in the making.Shortly before graduating from Parma Senior High School in Parma, Ohio, Jim Biehl customized, purchased and started wearing his class ring.It was your typical class ring with a green emerald gem, a cross etched below the stone and Biehl's signature on the inside.But Biehl would only spend about one year with that ring.When he was 17 years old he went on a church trip to Michigan. During the journey, the group stopped in Parma, Michigan. Ironically, that's when he would lose that brand new class ring."I woke up one morning to move on to the next destination of our trip, the next leg, and couldn't find it," Biehl said. "Haden't seen hide nor hair of it since then."The then-teenager spent a couple of years searching for the lost piece of jewelry only to come up short each and every time.Biehl thought the ring was gone forever — until recently.Biehl said he was alerted to a Facebook post inside the Parma Senior High School Alumni Association. The post read, "Found class ring 1989. Jim Biehl call...." with a phone number and an email address. 1131
PALM CITY, Calif. (KGTV) — An auto theft suspect barricaded himself in an SUV at a South Bay motel, prompting a seven-hour SWAT standoff Thursday.SWAT officers surrounded the SUV in the E-Z 8 Motel on Outer Rd. at around 9 a.m. in the Palm City neighborhood, near Otay Mesa West.About 4 p.m., the suspect surrendered with his hands up.The suspect, identified as a man in his late 20s or early 30s, was the suspect of auto thefts in the South Bay and has a criminal history in the National City area, according to San Diego Police. Police had previously told 10News the man was a hit-and-run suspect.National City Police responded to the motel Thursday morning waiting for the suspect to exit, according to SDPD. The suspect and his girlfriend got into the parked SUV. When police surrounded the pair, the woman surrendered but the suspect did not. She was not arrested, police told 10News.Police initially believed the suspect was armed, they're continuing to search his motel room and vehicle for the gun. 1015
Parents of students who had been evacuated from Santa Fe High School in Texas following a school shooting that left 10 dead were shocked to find a man carrying a pistol approaching the school to comfort students.The man, who was wearing a Trump cap and carrying an American flag, said he was walking in front of the school in order to "make America great again.""These folks are having a rough morning and could use some support, and I think these are the kinds of support that they need right now," the man told told reporters."Offering support," the man said, when asked what his "plan of action" was. "'God bless y'all' will go a long ways right now for a lot of people."A parent of a student called the man "an embarrassment.""This guy right here is sick. I'm sorry, he's sick," the man told ABC. "He doesn't need to be walking around the school, carrying a flag and a pistol. He does not need to be out here doing that, and I'm glad they're stopping him." 989
Police say a white gunman opened fire at a Kentucky grocery store, killing two African-Americans, after he tried and failed to enter a predominantly black church nearby.Gregory Bush, 51 was indicted on five counts Wednesday, including murder and attempted murder; none of them were hate crime charges, despite comments from authorities that the shootings appear to be racially motivated.CNN has reached out to a public defender for Bush and is waiting to hear back.Prosecutor Tom Wine said that because Kentucky's hate crime statute does not include homicides, Bush was not charged with a hate crime for the deaths."A hate crime designation only occurs when the judge makes such a determination at sentencing. If the judge finds a hate crime designation is appropriate, it doesn't add any additional time. The designation is only useful if the judge wishes to deny probation or the parole board wants to defer parole," Wine said in a statement.Hate crimes are considered more difficult to charge and prosecute than other criminal charges, largely because they require law enforcement to prove a specific motivation of bias.Additionally, federal investigators are looking into potential civil rights violations, including hate crimes, said Russell M. Coleman, the US attorney for the Western District of Kentucky.Bush faces two counts of murder for the shooting deaths of Maurice Stallard, 69, and Vickie Jones, 67, inside the Kroger grocery store in Jeffersontown, and in the parking lot outside, Wine said.Bush is also charged with one count of attempted murder stemming from what authorities described as an exchange of gunfire with an armed civilian. The indictment identifies the armed civilian as Dominic Rozier. Bush is charged with two counts of wanton endangerment for firing shots in the directions of two more people, Kiera Rozier and an unidentified juvenile.Jeffersontown Mayor Bill Dieruf said on Monday that the shooting is being investigated as a hate crime based on the circumstances, including the race of the victims and the defendant.Dieruf said investigators are looking into reports that Bush told a bystander before he was captured that "whites don't shoot whites."Bush remains jailed on five million dollars bond. His next court appearance is Friday, he said. 2340