Ninth Circuit questions Trump’s statements on Muslims

first_imgABC News(SEATTLE) — A three-judge panel of the Ninth Circuit Court of Appeals in Seattle Monday pressed attorneys for the Trump administration and the State of Hawaii on whether President Donald Trump’s statements, both as a candidate and as president, render his revised travel ban unconstitutional, and whether Trump has disavowed his call for a “Muslim ban.”Acting Solicitor General Jeffrey B. Wall asked the appeals court to reverse U.S. District Court Judge Derrick K. Watson’s March 16 order that blocked the president’s second travel ban just hours before it was to go into effect — a ruling the president called an “unprecedented judicial overreach” that made America “look weak.”The revised travel ban that Trump signed on March 6 would block the entry of foreign nationals from six majority-Muslim countries for 90 days, with exceptions for permanent U.S. residents and current visa holders, and suspend the admission of refugees for 120 days.“How is a court to know if, in fact, it’s a Muslim ban in the guise of national security justification?” Judge Ronald M. Gould asked Wall. “That’s the nub of the case,” Wall responded, having argued that “the order on its face has nothing to do with religion and the operation doesn’t distinguish on the basis of religion.”But Neal Katyal — the attorney for the State of Hawaii and Dr. Ismail Elshikh, a Hawaii-based imam — said that “context matters,” recounting Trump’s most controversial statements. “Starting in December 2015, when [Trump] called for a, quote, total and complete shutdown of Muslims entering the United States,” Katyal said.“A few months later, ‘I think Islam hates us. We can’t allow people coming into this country who have this hate of the United States.’ Then a few months later, my opponent ‘would admit tens of thousands of refugees from the Mideast who would try to take over our children and convince them how wonderful Islam is,’” said Katyal.After Wall argued that only post-election “official capacity statements” should be looked at, Judge Michael Daly Hawkins questioned whether Trump has ever disavowed his campaign statements about Muslims. “Has he ever stood up and said, ‘I said before I wanted to ban all members of the Islamic faith from entering the United States of America, I was wrong’?” Hawkins probed.Wall said that yes, Trump has disavowed certain statements. “Over time the president clarified that what he was talking about were Islamic terrorist groups and the countries that shelter or sponsor them,” said Wall, adding that “what he wanted to do was increase the vetting procedures.”Katyal disputed Walls’ answer, arguing that “when he issued both executive orders, he left on his [campaign] website that very statement about the complete and total shutdown of Muslims, a statement that happened to disappear moments before the Fourth Circuit argument last week.”Katyal drew comparisons to President George W. Bush who “said after September 11th, the face of terror is not the true faith of Islam. That’s not what Islam is about. Islam is peace.” With Trump “we get, quote, Islam hates us,” Katyal said.But the judges also acknowledged the importance of deferring to the president on matters of foreign affairs. Judge Michael Daly Hawkins reminded Katyal of a filing he wrote in favor of former President Barack Obama’s immigration plan in which he argued that the president has power to “balance a broad range” of foreign policy and other considerations.“It’s not clear [Wall] responded as effectively as he might have to the panel’s invite,” noted Peter Margulies, a national security law professor at Roger Williams University School of Law. “Wall seemed invested in a sweeping view of executive power that the panel might find was a bridge too far.”“In general, I’d say both advocates were excellent,” said Kate Shaw, an associate professor at Cardozo School of Law in New York, and an ABC News contributor. “I’d give the edge to Hawaii coming out of the argument, but the judges asked tough questions of both sides, so this felt like a hard one to call.”The Fourth Circuit Court of Appeals heard similar legal arguments last week in a separate case challenging the revised travel ban. Because federal courts in both Hawaii and Maryland have imposed nationwide preliminary injunctions blocking portions of the travel ban, the administration would have to win in both appellate courts for the entire travel ban to move forward. Eventually, these cases will likely be consolidated and decided by the U.S. Supreme Court.Copyright © 2017, ABC Radio. All rights reserved.Powered by WPeMatico Relatedlast_img read more

Kim Kardashian West calls dealing with Caitlyn’s transition “difficult”; says North doesn’t like baby brother, Saint

first_imgDisney/ABC Home Entertainment and TV Distribution/Pawel Kaminski(NEW YORK) — On Live with Kelly and Ryan Monday, Ryan Seacrest welcomed Keeping up with the Kardashians star Kim Kardashian West as his guest co-host.Kardashian West got serious about working on the reality show — which Seacrest executive-produces — explaining the episodes dealing with her harrowing jewelry robbery in Paris, and her once-stepdad, Bruce Jenner, transitioning to Caitlyn, were the toughest to shoot.“I just thought, you know, I’ve had it. And I would joke with the producers. … [E]very time something would go wrong, I was like, ‘You know what? This would be a real trip if we were really living in The Truman Show, and you were setting everything up for us!’”Kim described Caitlyn’s transition as the “most difficult thing we ever…filmed,” explaining, “We had no idea if people were gonna accept her — and that was the hardest thing: seeing that someone might go through a lot of pain, and you can’t do anything to protect that person…So that was probably a really hard time, dealing with every family member’s emotions, and everyone had different feelings.”Kim revealed she doesn’t have “much of a relationship” with her now-stepmom, explaining, “There’s been so much hurt and pain with Caitlyn and my mom, and at the end of the day, I’ll always ride with my mom…I love her to death.” Kim added, hopefully, “But at the end of the day, we’re all family.”On a more light-hearted note, Kim explained how her two kids, daughter North and son Saint — get along.  The short answer?  Not well.“I thought it was a phase,” Kim joked, but admitted of North, “She does not like her brother!”Copyright © 2017, ABC Radio. All rights reserved.Powered by WPeMatico Relatedlast_img read more

Dakota Access Pipeline Decision Could Come this Week: Army Corps of Engineers

first_imgEmily Molli/Anadolu Agency/Getty Images(NEW YORK) — The Army Corps of Engineers could reach a decision as early as this week on whether to grant an easement to the Dakota Access pipeline, according to an attorney for the government on Monday.A decision “may occur by the end of the week,” said Department of Justice attorney Matt Marinelli on behalf of the Army Corps of Engineers. If the easement is granted, construction on the controversial oil pipeline would resume.Once the Army Corps review process is complete, a final decision will be made and the Army Corps will notify Congress as required, according to Marinelli.This is the first time the Army Corps has placed a timeline on the decision. The Army Corps could not offer more specifics or a definitive timeline.Attorneys for the Standing Rock Sioux Tribe said that the easement would be “unlawful” and they expect to request the court to intervene quickly if it’s granted. They also asked for a 48-hour notice of the decision.“The Corps is making it clear that an easement decision is coming soon, potentially by the end of the week. If the Corps abandons the previously announced review process and issues the easement, it will be yet another case of Trump ordering a federal agency to sidestep the law—and the issue will be in front of a federal judge very quickly,” said Jan Hasselman, an attorney for Earth Justice, which is representing Standing Rock.Dakota Access LLC, a joint venture between Texas-based Energy Transfer Partners and other companies, told U.S. District Judge James Boasberg Monday that in the “best case scenario,” it would take 60 days for the first oil to enter the pipeline and 83 days for oil to reach the other side of the pipeline in Illinois once construction begins. This would give the company time to complete its high-pressure water testing and other final tests, according to an attorney for Dakota Access LLC.The company also argued that transporting oil through the four-state pipeline is much safer than other forms of transportation, such as rail or truck.The 1,172-mile pipeline is almost finished, except for a section under Lake Oahe in North Dakota that’s been the focus of massive protests in recent months.Nearly 80 protesters were arrested last Wednesday near the Dakota Access Pipeline in North Dakota, authorities said.According to the Morton County Sheriff’s Department, “a rogue group of protesters” were illegally setting up camp on private property. The group was told its members were criminally trespassing and that they needed to leave immediately, authorities said.Activists and representatives for the tribe say that the pipeline cuts through culturally sacred sites, poses a risk to the Standing Rock Sioux Tribe’s water supply and creates an environmental hazard.Within the final days of President Obama’s administration, assistant secretary of the Army for civil works, Jo-Ellen Darcy, announced that an easement would not be granted for the pipeline to cross under the large reservoir on the Missouri River, just upstream of the Standing Rock Sioux Tribe reservation — a move which was hailed by the tribe and other pipeline opponents as a major victory.However, when President Trump took office, he signed a memorandum aimed at advancing the Dakota Access pipeline through a presidential memorandum, along with one directed at the Keystone XL pipeline.Litigation over the Army Corps of Engineers review is now in federal court.The judge scheduled a further status hearing for Monday, Feb. 13.Copyright © 2017, ABC Radio. All rights reserved.Powered by WPeMatico Relatedlast_img read more

Ethics panel admonishes AFL rep who failed to register as lobbyist (AUDIO)

first_imgDrew KleinThe Ethics Committee in the Iowa House has unanimously voted to sanction a lobbyist who failed to complete the online registration process required for people who lobby lawmakers.Republican Representative Rob Taylor of West Des Moines, the committee’s chairman, spoke with reporters after the decision was made over the noon hour.“The reason it’s so important for people to register as lobbyists is so that the public knows who it is that is giving us information and advice either for or against a certain subject matter,” Taylor said, “and it’s a requirement under law that they register.”Rob TaylorTaylor and the rest of the committee will send a “letter of admonishment” to Drew Klein, a lobbyist for Americans for Prosperity. The conservative group was founded by the billionaire Koch brothers and Klein lobbied hard for this year’s new law that scaled back bargaining rights for public sector workers in Iowa.AUDIODownload of committee meeting, 9:00The complaint noting Klein had failed to register as a lobbyist was filed by the president of the Iowa Federation of Labor. Representative Taylor and the rest of the committee decided the complaint was valid.“When your dad admonished you, it was a warning that you did something wrong and to take precautions in the future so that you did not repeat the same thing again,” Taylor told reporters. “I think any lobbyist should take heed on what has happened and what has occurred, so that it not happen again.”The committee had the power to bar Klein from lobbying, but members of the panel decided his lapse was not “malicious” and a stern letter was the appropriate response.The liberal group “Progress Iowa” had called for Taylor to step aside and not vote on the complaint, since Taylor had co-sponsored a recent Americans for Prosperity event. Taylor says he asked the top-ranking Democrat on the committee and she “felt there was no need” for Taylor to recuse himself. During today’s committee meeting, Democratic Representative Phyllis Thede of Davenport said the panel had “put blinders on” and solely considered the facts of the complaint and not the politics of the groups involved.Klein was the subject of statehouse controversy in February when he tweeted a picture of himself shaking Governor Branstad’s hand moments after the governor signed the collective bargaining bill into law.Klein issued the following written statement this afternoon:“I treat and have treated our state’s ethics rules with the utmost sincerely. I believe that I was registered as a lobbyist in the Iowa legislature at all relevant times, from 2013 to 2017, as required by Iowa Code 68B.36.  I presented evidence to the house ethics committee of the dates and times I was registered in the years past, and my browser history that shows I registered for the new legislative session at the beginning of this calendar year.  Furthermore, I’ve made numerous public lobbyist declarations in person and through the online system, which first requires one to register as a lobbyist.  Put another way, I wouldn’t have been able to make those public lobbyist declarations without having first been registered.  I have been transparent about my position on bills, and I have used the legislature’s lobbyist portal system throughout this session.  I am disappointed that the ethics committee failed to adequately consider the evidence that was presented to them.  I look forward to moving past this to continue advocating for issues that will benefit our state.”Share this:FacebookTwitterlast_img read more

Watch Steven Spielberg’s “Ready Player One” trailer

first_img Related Warner Bros.(LOS ANGELES) — Warner Brothers released the first official trailer for Steven Spielberg’s futuristic adventure flick, Ready Player One, on Sunday.The clip, loaded with nods to previous sci-fi classics, including King Kong, Back to the Future, and Lord of the Rings — and even the 1989 romantic comedy Say Anything — is set in Columbus, Ohio in the year 2045, where a boy, Wade Watts, escapes his dull life by jumping into a virtual universe called the OASIS.The world’s creator — who has since died, reveals an Easter egg hidden within OASIS that, if found, will earn the user his half-a-trillion dollar fortune and total control of the universe.Meanwhile, Van Halen’s 1984 hit, “Jump,” plays underneath.Ready Player One — starring Tye Sheridan, Olivia Cooke, Ben Mendelsohn, T.J. Miller, Simon Pegg and Mark Rylance — is slated to open March 30.Copyright © 2017, ABC Radio. All rights reserved.Powered by WPeMaticolast_img

Beverly Hills anesthesiologist charged with murder in patient’s overdose death

first_imgiStock/Thinkstock(BEVERLY HILLS, Calif.) — A anesthesiologist in Beverly Hills has been charged with murder in connection with a patient’s fatal overdose, Los Angeles prosecutors announced Thursday. Stephen Kyosung Kim, 53, was working at the Rodeo Drive Plastic Surgery Center on Sept. 26 when he allegedly administered the medicine to the patient, 71-year-old Mark Greenspan, to help sedate him, according to a press release from the Los Angeles County District Attorney’s Office. Proseuctors accuse Kim of injecting himself with drugs during the procedure and then later giving Greenspan a lethal dose of Demerol, a narcotic used to treat pain, while he was in the recovery room. Greenspan then went into cardiac arrest and died, according to the district attorney’s office. Kim was arrested Wednesday by the Beverly Hills Police Department and booked into a Los Angeles County jail, court records show. He was released after he posted a $1 million bail. Kim is expected to be arraigned today at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles, prosecutors said. It is unclear whether he has entered a plea or retained an attorney. If convicted, Kim faces 25 years to life in a state prison. Copyright © 2017, ABC Radio. All rights reserved.Powered by WPeMatico Relatedlast_img read more

Abducted Texas sisters found in Colorado, person of interest in custody

first_img Related Round Rock Police Department(NEW YORK) — A pair of young sisters who went missing from their Texas home last week after their mother’s suspicious death, were found safe in Colorado on Wednesday, police said.Luluvioletta Bandera-Magret, 7, and Lilianais Griffith, 14, were found in Las Animas County, Colorado — about 720 miles away from their home near Austin, Texas — on Wednesday night with 44-year-old Terry Miles, who has been considered a person of interest in their mother’s death.Miles was taken into custody without incident, police said.Chief Allen Banks of the Round Rock Police Department in Texas tweeted, “CAUGHT!!! Terry Allen Miles was caught in Colorado without incident. The girls are SAFE!!! Thank God!!”The Las Animas County Sheriff’s Office said it caught Miles as a part of a “high risk traffic stop” after getting a tip. The girls were found unharmed in his vehicle, but were taken to the hospital for evaluation, according to police.Child Protection Services in both states will be coordinating to get the girls home to their family, authorities said.Officials originally issued an Amber Alert for the sisters based in Texas as police there began searching for them in connection to the suspicious death of their mother, Tonya Bates.Police found Bates dead at her home in Round Rock, Texas — about 20 miles north of Austin, on New Year’s Eve after responding to a welfare check, according to ABC affiliate KVUE in Austin. Miles was Bates’ roommate, police said, according to KVUE.A neighbor who lives next door the Bates home said police been sent there at least twice in the last two weeks. He said the girls’ mother and the man moved in about two months ago.Another neighbor, Antonia Quilatanga, said the incident has left the quiet community shaken.“It’s our neighbor, it’s the holidays, and you know you want to feel safe in your neighborhood,” said Quilatanga told KVUE. “To hear something like this, it’s very devastating.”Copyright © 2018, ABC Radio. All rights reserved.Powered by WPeMaticolast_img read more

Twin brothers arrested in NYC on explosives charges after authorities find bomb-making materials

first_img Related iStock/Thinkstock(NEW YORK) — Twin brothers have been arrested in New York City on explosives charges for making a bomb, multiple law enforcement sources told ABC News.The two arrests were made in The Bronx, the sources aid. Investigators recovered bomb-making materials as part of the investigation.Christian and Tyler Toro were arrested in a joint counter-terrorism operation involving the FBI and the NYPD. The charges do not allege terror-related offenses only the explosives-related counts.Christian Toro, a former teacher in The Bronx, is charged with his brother Tyler Toro with explosives-related charges. Court records said the brothers were paying minors to strip fireworks of their gunpowder so they could build a bomb.Christian Toro and Tyler Toro “knowingly made firearms” and aided and abetted in the making of firearms at their home in the Bronx from about October 2017 to February of this year, according to a criminal complaint filed in the Southern District of New York.Christian Toro is also accused of distributing explosive materials to two individuals under the age of 21 in the Bronx, according to the complaint.On Dec. 4, 2017, a student was arrested after a bomb threat was called into a high school in Manhattan’s Harlem neighborhood, and Christian Toro resigned from his teaching position shortly after the arrest, the complaint states.After the resignation, Tyler Toro returned Christian Toro’s school-issued laptop, where a technical specialist found a copy of the “Explosives Book,” a text that provides instructions for manufacturing explosive devices, according to the complaint.On Feb. 8 of this year, multiple law enforcement agents interviewed Christian Toro, who stated that he “had not intentionally downloaded” the incriminating book into the laptop. Instead, Christian Toro stated that he had been researching the 2013 Boston Marathon bombings and had come across a copy of the book.Christian Toro also told investigators that he never built a bomb and had only looked at the book’s table of contents.On Wednesday, investigators interviewed multiple students at the school, who indicated that at least two students visited an apartment where Christian Toro would pay them $50 per hour to break apart fireworks and store the powder that came out of them in containers, the court document states. The students visited the apartment between October 2017 and January 2018, according to the complaint.While serving a search warrant for the Bronx apartment, investigators found about 20 pounds of iron oxide, about 5 pounds of aluminum powder, about 5 pounds of potassium nitrate and about 2 pounds of confectioner’s sugar located in the floor of a bedroom closet.A glass jar containing a black powdery substance, later identified as explosive material, was also found on top of the closet shelf, the court document states. Another closet contained a cardboard box containing firecrackers, more containers full of varying substances and a bag containing varying sizes of metal spheres.A diary containing writing that stated that it it were lost it should be returned to Tyler Toro was located on the kitchen table as well.“WE ARE TWIN TOROS STRIKE US NOW, WE WILL RETURN WITH NANO THERMITE” the diary read, according to the complaint.Both brothers occupy the back bedroom where several of the items were found, authorities said. They made an initial appearance in court, where a judge ordered them to be held with no objection from their defense attorneys.Attorneys for the brothers were not immediately available for comment.There is no current or active threat, according to law enforcement.Copyright © 2018, ABC Radio. All rights reserved.Powered by WPeMaticolast_img read more

“The Walking Dead” recap: “The Lost and the Plunderers”

first_img Related AMC/Gene Page(LOS ANGELES) — (SPOILERS AHEAD) Sunday night’s episode of The Walking Dead was divided into chapters named after various characters. The first, “Michonne,” begins with she and Rick mourning Carl by his grave in the now walker-overrun Alexandria.Rick initially hangs up Carl’s pistol on the wooden cross marking his plot, but reconsiders and takes it himself. Meanwhile, Michelle kills enough walkers to jam one of the fence doors closed.Back at their home in Alexandria, Michonne finds the handprints that Carl made with Judith and breaks down.They pack up their remaining gear into a van, until Michonne grabs a fire extinguisher and tries to save a gazebo that Carl used to like watching from the roof.Walkers close in as Rick runs to help her in her idle quest, forcing them to abandon the structure when the danger from the undead becomes too great. In the van, Rick ponders what Carl meant in his final minutes. “Did he want us to surrender to Negan?” He asks. Rick decides that they have to make contact with the Scavengers seeing as they’ll be a target of Negan now, too, for double-crossing his Saviors. Michonne and Rick get to the Scavengers compound, but soon find themselves surrounded by walkers… Meanwhile, at the Sanctuary, Negan is trying to find the remaining members of Rick’s crew. His lieutenant Simon however, is having second thoughts about his boss’ strategy — which is not a good thing when it comes to Negan, needless to say. As Rick suspected, Negan shifts his attention to the Scavengers. He dispatches Simon to send them a message — but not to kill them all, like Simon wants to. Meanwhile Negan’s gang brings in a coffin size box and a nail gun; the box a message from the Hilltop. “We have 38 more, Stand Down” reads a painted message on it. There’s obviously a walker inside.Negan has Simon open the box and dispatches the walker with the nail gun. The walker was once one of theirs, Dean. Simon flips, as it’s one of his men.Meanwhile, Aaron and Enid are locked up by the Lakeside ladies, after their attempt to pay them a visit ended up with Enid killing their elder, Natania. Natania’s granddaughter Cindy threatens to execute them both. Enid convinces her otherwise.Cindy sets them free with a warning to never come back.Aaron, on the other hand, wants to stay behind to try to convince them to fight.Simon and company get to the Scavengers’ complex, to find them armed to the teeth. He is looking for an apology from Jadis for their betraying Negan.They offer to let everybody go in exchange for taking all of the Scavengers’ firearms, and they comply. Simon appreciates the “neighborly” gesture, but notes he’s not feeling remorse. “There is remorse,” Jadis says, before he kills two of her people. She punches him. Smiling, Simon tells his men to “light up” the compound, against Negan’s wishes.Simon returns to the Sanctuary, and pretends nothing out of the ordinary happened. And that’s when one of the Saviors tells Negan that Rick is on the walkie-talkie…Next sequence is a flashback to Rick and Michonne escaping the walkers at the Scavengers’ camp. It’s now clear: The walkers were Jadis’ people who were executed by Simon’s men.They scramble atop a trash heap to safety, and Jadis explains how she came to be at that complex. She’s lost her phony “trash person” dialect.She offers to join Rick who has decided to make a run for it using a car door as a shield to get through the horde of walkers.Rick and Michonne scramble out, but leave Jadis begging for help.Sometime later, Jadis stands at top of trash pile, banging on metal to get the walkers’ attention. They mass onto a platform before she turns on a trash compactor and recycles all her former friends into sludge.Rick and Michonne are in a van, and pull over so that Rick can read Carl’s letter to Negan. This is why Rick contacts Negan on the walkie-talkie.Over the walkie, Rick kills Negan that Carl’s dead. The death hits Negan hard. Rick says Carl’s letter explains that he wanted both sides to stop fighting. Rick insists it’s too late for that.Negan, on the other hand is truly affected by Carl’s death. “That kid was the future,” he tells Rick. “He is dead because of you. You failed as a leader and most of all you failed as a father…Give up because you have already lost.”The Walking Dead returns Sunday, March 11 at 9 p.m. Eastern time on AMC.Copyright © 2018, ABC Radio. All rights reserved.Powered by WPeMaticolast_img read more

Chris Evans: from Marvel’s superhero to Broadway’s “Lobby Hero”

first_imgABC/Randy Holmes(NEW YORK) — Onscreen, he’s a Marvel superhero.  But for the next 10 weeks or so, Chris Evans is a Lobby Hero.Evans, who plays Captain America in the Marvel Cinematic Universe, is currently starring in a Broadway play called Lobby Hero, as a New York City police officer involved in a murder investigation in the lobby of a Manhattan apartment complex.  Evans’ co-stars include Superbad and Juno star Michael Cera and Atlanta’s Brian Tyree Henry.Evans says going from big-budget blockbuster movies to the relative intimacy of a New York City theater requires a whole different set of skills.“It really feels like you’re accessing a muscle that you haven’t been able to access in a while,” he tells ABC Radio.  “The structure of film is very…start, stop, start, stop…you work on one little piece every single day. In theater…. they say ‘go’ and you get to run the entire process…the entire character from start to finish every night in a complete setting. “Evans says that process makes doing a play “rewarding, in a way that sometimes film isn’t.”The actor, who’ll be seen in the upcoming Avengers: Infinity War April 27, says the toughest part of playing his Lobby Hero character is the New York accent.“I’ve been talking to a lot of New York Cops and you know, had a few sessions with them and just watched them walk and talk  and you know…it’s tricky,” he tells ABC Radio. “I’m from Boston and so, y’know, they are close enough to be impossible to separate!  But it’s been fun.”  Lobby Hero is written by Kenneth Lonergan, writer and director of Manchester by the Sea.  It’s in previews now, and will officially open March 26 at Broadway’s Helen Hayes Theater.Copyright © 2018, ABC Radio. All rights reserved.Powered by WPeMatico Relatedlast_img read more