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Oct 31, 2019

White House blocked effort to condemn Russia for seizing Ukraine ships, Congress told

White House blocked effort to condemn Russia for seizing Ukraine ships, Congress toldState department aide makes revelation in testimony, while Russia envoy nominee John Sullivan grilled at confirmation hearingDonald Trump with Vladimir Putin at the G20 summit in Osaka in June this year. Trump voiced concern over the 2018 capture but did not blame Moscow. Photograph: Mikhail Klimentyev/TassThe White House blocked the US state department from issuing a statement condemning Russia for seizing Ukrainian military vessels, according to a state department official, in the latest example of the strain the Trump administration is under in pursuing conflicting policies towards the two countries.The revelation on Wednesday came from Christopher Anderson, who was a senior aide to the special envoy on Ukraine, Kurt Volker, in November 2018, when Russia fired on and captured three Ukrainian vessels in the Sea of Azov off the Crimean peninsula.“While my colleagues at the state department quickly prepared a statement condemning Russia for its escalation, senior officials in the White House blocked it from being issued,” Anderson said in his prepared remarks to congressional committees holding impeachment hearings. “Ambassador Volker drafted a tweet condemning Russia’s actions, which I posted to his account.”In the face of silence from the White House, the then US ambassador to the UN, Nikki Haley, condemned Russian behaviour, after which the secretary of state, Mike Pompeo, followed suit. Trump voiced concern but did not blame Moscow.The 24 Ukrainian sailors detained in the operation were returned last month as part of a prisoner exchange.Anderson, and his successor in the Ukraine job, Catherine Croft, both testified to House committees on Wednesday about the role played by Trump’s personal lawyer, Rudy Giuliani, in foiling state department efforts to bolster the president, Volodymyr Zelenskiy, in the face of Russian military intervention in eastern Ukraine.In his testimony, Anderson quoted the former national security adviser, John Bolton, as saying: “Giuliani was a key voice with the president on Ukraine which could be an obstacle to increased White House engagement.” On Wednesday, the House committees asked Bolton to testify on 7 November, but it is unclear whether he will attend.Bolton’s former deputy, Charles Kupperman, is currently seeking a court ruling on whether to comply with his congressional subpoena in the face of a White House order not to testify.At the other side of Congress, the nominee to become ambassador to Russia, John Sullivan, faced pointed questions on Wednesday at confirmation hearings in the Senate about Giuliani and the split US policy towards Russia and Ukraine.Sullivan, currently the deputy secretary of state, said he was aware of Giuliani’s role in a campaign against the former US ambassador to Ukraine, Marie Yovanovitch. Asked if he knew Trump’s lawyer was “seeking to smear” Yovanovitch, he replied: “I believe he was, yes.”Sullivan confirmed he had been shown a dossier of material attacking Yovanovitch, saying it had provided by the White House to the state department legal adviser, but he was not aware it had been put together by Giuliani. He said the dossier “didn’t provide to me a basis for taking action against our ambassador”.He said that Pompeo gave Sullivan no explanation for the decision to recall Yovanovitch before the end of her posting, other than she had “lost the confidence of the president”.“As I understand, [Trump] may decide that he doesn’t like my testimony today and he doesn’t want me to go to Russia. The president can decide when he loses confidence in his ambassador – then that person is not going to continue as ambassador,” Sullivan said.Sullivan sought to avoid taking a position on the testimony by several former and current state department officials that the president, through Giuliani, had made a White House meeting and US military aid dependent on the Ukrainian government investigating Trump’s political rivals.“Soliciting investigations into a domestic political opponent – I don’t think that would be in accord with our values,” Sullivan said. But he would not confirm that was what the president had done.Democratic senators signaled that they were prepared to support Sullivan’s nomination as an experienced and respected diplomat, acknowledging the difficult position he was in. But they expressed concern he had not done more to find out what Trump and Giuliani were trying to achieve in Ukraine.The ranking Democrat on the Senate foreign relations committee, Bob Menendez, told Sullivan he had been playing the role of “see no evil, hear no evil, speak no evil.”“You’re going to go to Russia, and you’re going to be saying one set of things based upon your testimony here,” Menendez said. “And we have the president who, in his public statements, is totally aligned differently than what you’re going to be saying.”“Do you understand the incredibly difficult job that you’re going to have as a result of that?” Menendez asked Sullivan.“I would say, senator, you’ve cited the president’s statements. I’d cite the president’s actions,” the nominee replied, listing sanctions the administration had imposed on Russia.




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The Democrats' impeachment process has a credibility problem

The Democrats' impeachment process has a credibility problemHas the House impeachment inquiry hit a brick wall on credibility? Or have House Democrats decided to call Republicans' bluff?After weeks of refusing to hold a full floor vote to formally launch an impeachment inquiry, House Speaker Nancy Pelosi (D-Calif.) abruptly changed position this week. A Thursday vote will set out more clear parameters for the ongoing investigation without explicitly declaring an impeachment inquiry, but it's far from clear whether this changes anything appreciably -- or if there's anything to change with the current focus on Ukraine policy as the predicate for impeachment.The bill that emerged Tuesday afternoon appears to directly address some of the key criticisms of House Republicans, who grew so frustrated with the closed hearings that they staged an intervention of sorts last week, breaching the Secure Compartmented Information Facility (SCIF) in which the depositions were being taken under the control of House Intelligence Chair Adam Schiff. That set off worries among Democrats that further such demonstrations could obstruct and drag out the impeachment process into next year and into the election cycle, something Pelosi would like to avoid.Democrats' claims that the demonstrations were a GOP stunt had some basis in fact. Some of the Republicans who participated actually did have access to the hearings as members of three committees participating in the testimony. Contrary to some claims made at the time, Republican committee members had the opportunity to ask questions of the witnesses during the deposition and were very engaged in that process.Still, other Republican complaints had started to take their toll. Republicans wanted Democrats to hold a full House vote to openly authorize an impeachment inquiry, rather than use committees to conduct an ad hoc investigation while House Democratic leadership publicly acknowledged that impeachment was the goal. They also wanted open hearings with the witnesses being subpoenaed, which Democrats refused to grant in order to keep witnesses from knowing preceding testimony. Democrats pointed out that the House rules allowed for closed-session depositions and compared them to secret grand-jury proceedings, but Republicans countered that grand juries don't leak characterizations of the testimony at pressers, as Schiff and other Democrats had been doing all along.That has made the proceedings seem as though they're being conducted by a kangaroo court, which has allowed Trump to argue that the process is corrupt. The only way to gain traction for this process is to give it more credibility -- and to call the bluff of Republicans and Trump. Thus, Pelosi introduced a bill that will allow Republicans to call their own witnesses and to access all deposition materials, under the same rules used in the Bill Clinton impeachment process in 1998. The bill also establishes a mechanism for the full release of testimony, which Republicans have repeatedly demanded.This presents an immediate tactical risk for the White House. One of Pelosi's motives is to parry Trump's refusal to cooperate based on a lack of formal approval by the full House. A federal court ruled against Trump last week, but Trump can tie that question up for months on appeals, time that Pelosi perceives she does not have. A full House vote approving these rules not only means that Republicans no longer have due-process complaints (at least going forward), it signals to courts that the full House has indeed given tacit approval for an impeachment inquiry in providing a relatively fair structure for it.However, Pelosi is more worried about a different court: the court of public opinion. That perception that the impeachment process is unfair has hampered Democrats' ability to generate the kind of public support they need to take this to a full vote on impeachment without risking the gains Pelosi made in the 2018 midterms. National polling showing support for impeachment gaining momentum overall, but the response from the American public looks quite different on a state-by-state basis. A poll by The New York Times and Siena College last week showed that voters in six critical swing states with the closest margins in 2016 generally oppose impeachment, 43/53. Those numbers would suggest that continuing on this impeachment process might produce a Pyrrhic victory for Democrats in 2020, one that could produce a historic win for an already-impeached president for the first time ever.To fix that problem, and to force the Senate to take this more seriously, Pelosi has to revamp the process to provide at least the appearance of fairness. However, it's not likely to matter in the end. Impeachment is only the first step in the removal process, and in this case it's likely to be the last step Democrats can successfully take.The Republicans control the Senate, but their majority matters less than the fact that Democrats don't have a supermajority. If Democrats had uncovered a truly serious crime in this probe, that would likely convince at least 20 Senate Republicans to make Mike Pence president. The core problem is that Ukraine-Gate doesn't appear to involve an explicit statutory crime at all, but instead an alleged abuse of authority to gain political advantage over former Vice President Joe Biden. The House can decide what constitutes an impeachable offense, but the Senate decides whether it's even worthy of a full trial, let alone a removal.An impeachment without a removal will, in the end, look a lot like a political campaign no matter how much Pelosi improves the process. Voters will ask themselves why Democrats spent all year obsessed with impeachment under varying rationalizations and then chose the one issue on which they could almost guarantee no success in removal. Pelosi may win a tactical victory with this upcoming vote, but it's not going to solve the big strategic issue awaiting Democrats at the end of this process.Want more essential commentary and analysis like this delivered straight to your inbox? Sign up for The Week's "Today's best articles" newsletter here.




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California Governor Accepted Donations from Utility Company He Now Excoriates for ‘Greed’

California Governor Accepted Donations from Utility Company He Now Excoriates for ‘Greed’California governor, Democrat Gavin Newsom, has accepted large donations from Pacific Gas & Electric Co., a utility company he now excoriates for "greed" and "mismanagement."PG&E has faced widespread criticism for implementing blackouts for millions of customers to avoid sparking wildfires in the midst of California's dry and windy fall weather."I have a message for PG&E," Newsom wrote on Twitter on Friday. "Your years and years of greed. Years and years of mismanagement. Years and years of putting shareholders over people. Are OVER."Newsom and allies accepted $208,400 from the utility during his 2018 gubernatorial campaign, according to local affiliate ABC10. Of that total, $150,000 went to a political spending group called “Citizens Supporting Gavin Newsom for Governor 2018,” while the rest went to directly to Newsom's campaign.PG&E filed for bankruptcy in January 2019. Faulty PG&E electricity equipment has been blamed for sparking several wildfires in the past decade.California has consistently shut down proposals to clear dead trees from forests and to trim trees near power lines state wide, creating conditions for a rash of wildfire outbreaks in recent years.The Kincaid Fire currently burning in Sonoma County in the northern part of the state has forced the evacuation of roughly 200,000 people. The fire is twice the size of the city of San Fransisco.Newsom declared a state of emergency on Sunday in response to the Kincaid Fire and several other wildfires throughout the state. He again threatened PG&E in a statement on the situation."There is a plan to get out of this. This is not the new normal,” Newsom said on Sunday at an evacuation center in northern California. “This is not a 10-year process to deal with this. That will not be the case… [PG&E] will be held to account to do something radically different




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Prosecutors accuse ex-Trump adviser Flynn of trying to walk-back guilty plea

Prosecutors accuse ex-Trump adviser Flynn of trying to walk-back guilty pleaU.S. prosecutors on Tuesday accused President Donald Trump's former national security adviser Michael Flynn of making "an extraordinary reversal" to try to undo his sworn admission that he lied to former Special Counsel Robert Mueller's investigators about his contacts with Russia. Federal prosecutors asked U.S. District Judge Emmet Sullivan for the opportunity to oppose a bid filed by Flynn's lawyers last week to have the case dismissed - even though Flynn pleaded guilty in 2017 - because of alleged prosecutorial misconduct. The retired Army lieutenant general and former Trump campaign adviser has pleaded guilty to lying to FBI agents about his 2016 conversations with Sergey Kislyak, then-Russian ambassador to the United States.




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Here's How America Will Stop Iran from Invading Saudi Arabia

Here's How America Will Stop Iran from Invading Saudi ArabiaThe master plan.




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Alexandria Ocasio-Cortez and Elizabeth Warren got behind the Facebook employees slamming Mark Zuckerberg for allowing lies in political ads

Alexandria Ocasio-Cortez and Elizabeth Warren got behind the Facebook employees slamming Mark Zuckerberg for allowing lies in political adsThe two Democratic politicians tweeted their support for the Facebook workers who oppose the company's stance on lies in political ads.




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Activist Thunberg declines climate prize, urges more action

Activist Thunberg declines climate prize, urges more actionTwo fellow climate activists spoke on Thunberg's behalf at an award ceremony Tuesday in Stockholm for the regional inter-parliamentary Nordic Council's prizes, reading a statement thanking the group for the honor. Thunberg, 16, is currently in California.




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China pushes higher 'moral quality' for its citizens

China pushes higher 'moral quality' for its citizensFrom budgeting for rural weddings to dressing appropriately and avoiding online porn, China's Communist Party has issued new guidelines to improve the "moral quality" of its citizens. Officials have released several sets of guidelines this week alongside a secretive conclave of high-ranking officials in Beijing which discusses the country's future direction. Public institutions like libraries and youth centres must carry out "targeted moral education" to improve people's ideological awareness and moral standards, according to the rules.




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Man loses foot, another seriously injured in shark attack while snorkeling in Australia

Man loses foot, another seriously injured in shark attack while snorkeling in AustraliaThe shark attack occurred in Hook Passage in the Whitsunday Islands off Australia's Queensland coast, rescuers say.




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Exclusive: How Lebanon's Hariri defied Hezbollah

Exclusive: How Lebanon's Hariri defied HezbollahAfter hitting a dead end in efforts to defuse the crisis sweeping Lebanon, Saad al-Hariri informed a top Hezbollah official on Monday he had no choice but to quit as prime minister in defiance of the powerful Shi'ite group. The decision by the Sunni leader shocked Hussein al-Khalil, political advisor to Hezbollah leader Sayyed Hassan Nasrallah, who advised him against giving in to protesters who wanted to see his coalition government toppled. The meeting described to Reuters by four senior sources from outside Hariri's Future Party captures a critical moment in the crisis that has swept Lebanon for the last two weeks as Hariri yielded to the massive street protests against the ruling elite.




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A California couple who was forced to evacuate their home and winery share what it's really like to endure the wildfires engulfing the state

A California couple who was forced to evacuate their home and winery share what it's really like to endure the wildfires engulfing the stateCalifornia's Sonoma wine country dealt with destructive wildfires in 2017. Here's how one winery is dealing with 2019's Kincade Fire.




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Ilhan Omar refuses to back vote recognising Armenian genocide

Ilhan Omar refuses to back vote recognising Armenian genocideIlhan Omar declined to vote in favour of a resolution recognising the mass killing of Armenians by Ottoman Turks as a genocide, saying any "true acknowledgement" of such crimes must include other historical "mass slaughters".The Minnesota Democrat was one of just three House members to vote “present” on the resolution that passed in an overwhelming 405-11 vote.




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What Baghdadi’s Death Means for al Qaeda—and Why It Matters

What Baghdadi’s Death Means for al Qaeda—and Why It MattersSITE Intelligence GroupWith ISIS leader Abu Bakr al-Baghdadi killed one day and the group’s official spokesman Abu Hassan al-Muhajir the next, there’s a giant hole in the pseudo-Caliphate structure of the so-called Islamic State. The group must now, by its strict religious tenets, find a new (supposed) descendant of the Prophet Muhammed to fill the role of Caliph. But the deaths of those two are equally consequential for al-Qaeda, the bitter rival of ISIS for leadership of global jihad. Al-Qaeda has spent the last six years branding the Caliphate as illegitimate, too extreme, and ultimately harmful. When ISIS declared the establishment of its so-called Caliphate spanning territory in Syria and Iraq in 2014, al-Qaeda and its affiliates unanimously rejected it. To this day, al-Qaeda leader Ayman al-Zawahiri’s speeches rarely come without some critique of the “epidemic” put forth by ISIS.Trump Officials Had No Clue Where He Got ‘Whimpering’ Detail in His Baghdadi Raid AccountOddly, Baghdadi was killed in Idlib, a haven of al-Qaeda-linked fighters and Hayat Tahrir al-Sham, a Syrian Islamist faction led by Abu Muhammad al-Julani, a former al-Qaeda comrade who had become one of Baghdadi's most bitter foes. There has been some speculation Baghdadi was not just hiding out but trying to recruit from the ranks of his enemies.Neither al-Qaeda Central nor its affiliates have commented on Baghdadi’s death as yet, but within hours after the news broke, al-Qaeda ideologues and supporters already were celebrating the event and discussing what it will mean for the future of jihad. In chat groups online, al-Qaeda supporters voiced resentment after years of bitter strife with the group, and the scale of these responses illustrates just how much of a big deal and opportunity they see with Baghdadi’s death.“Based on his orders, thousands of the mujahideen were killed,” one post read.“How thrilled were they every time leaders from al-Qaeda were martyred?” read another.Some wished Baghdadi the ultimate condemnation:  “May Allah send him to Hell.”Messages by others, however, particularly al-Qaeda-linked ideologues, balanced expressions of justice for the jihadi movement with restraint, making sure not to celebrate excessively the result of an operation by the United States.The tactful enthusiasm is calculated. Many ISIS fighters, much of its military infrastructure, many media officials, and supporters were pulled from al-Qaeda. Now, with ISIS’ “Caliph” dead and that Caliphate itself destroyed, al-Qaeda has been given its biggest opportunity yet to bring many of them back under its tent. SITE Intelligence GroupPerhaps the most profound instance of this outreach was a lengthy essay by “Adel Amin,” the pen name of a prominent ideologue linked to the Shabaab al-Mujahideen Movement, al-Qaeda’s branch in Somalia and most powerful affiliate. The message, disseminated widely across al-Qaeda-supporting channels and chat groups (many of which are also frequented by pro-ISIS users), demanded that ISIS supporters “return to the road of righteousness” after the Islamic State, in all of its excessive aggression and delusions of destiny, has proven itself a failure. Amin wrote:The situation here is not one in which to gloat. It is a situation for reminding and calling on those who remained in the ranks of al-Baghdadi, to reconsider… Indeed, we witnessed its back being broken, its leaders getting killed, and its banner falling, and we hope that we can witness whoever remains from its soldiers returning to righteousness.Statements by other ideologues and supporters voiced the same points. A statement by Sirajuddin Zurayqat, a former religious official in the now-defunct al-Qaeda-linked Brigades of Abdullah Azzam in Lebanon, urged: “Now [Baghdadi] is dead and there is not one from the Ummah grieving over him or giving condolences... Therefore, those who were deceived by him should reconsider before it is too late!”These messages echo the same calls heard from Zawahiri and al-Qaeda affiliates over the years calling on ISIS fighters to “repent” and leave the group. Yet despite these new circumstances, ISIS supporters will not easily be moved. Since the summer of 2016, the group’s followers have seen the loss of the major cities Mosul in Iraq and Raqqah in Syria as well as the death of revered ISIS figures like Omar Shishani, Abu Muhammad al-‘Adnani, and others. With the latest setbacks to its leadership, ISIS-linked accounts online already have poured out calls to stay steadfast and have even used Baghdadi’s death as a rallying point to carry out new attacks. Reinforcing this undeterred support is an ISIS military and media machine that has shown no sign of stopping in the last two days. While ISIS has not yet officially acknowledged the death of Baghdadi, it has continued reporting on day-to-day military activity across Iraq, Syria, and the Afghanistan-Pakistan region.ISIS' Yemen Province - AQAP Prisoners as Featured in the video “He Who Starts is More Unjust”SITE Intelligence GroupFurthermore, while al-Qaeda affiliates like the Shabaab serve as powerful representatives of the organization, al-Qaeda Central is weaker than it has ever been. These days, al-Qaeda Central’s role is largely symbolic, limited to leadership messages and other content while steering the big-picture ethos of the organization. Its attempts to bolster its image, already heavily weighed down by a less-than-charismatic leader in Zawahiri, were upended upon the death of Hamza bin Laden, the son of Osama, whom al-Qaeda likely was grooming for an eventual leadership position. These variables considered, al-Qaeda may not be the appealing alternative for jihadists that its supporters want it to seem. So, while some fighters might very well join the ranks of al-Qaeda affiliates in their region, we shouldn't expect to see any drastic migration from ISIS’ ranks into its rival’s.Despite any notions of good-riddance that al-Qaeda and its supporters attach to Baghdadi’s death, and for whatever number of defectors it may win over as a result of Baghdadi’s demise, ISIS is not going anywhere. The barriers between these terrorist organizations have only hardened over the years, fueling deadly clashes and jihadi PR wars. Baghdadi was not the sole barrier keeping ISIS members from joining al-Qaeda, and his death is unlikely to diminish existing disputes.How U.S. Commandos IDed a ‘Mutilated’ Baghdadi So QuicklyRead more at The Daily Beast.Got a tip? Send it to The Daily Beast hereGet our top stories in your inbox every day. Sign up now!Daily Beast Membership: Beast Inside goes deeper on the stories that matter to you. Learn more.




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Trump Administration Challenges California Sanctuary Law in Supreme Court

Trump Administration Challenges California Sanctuary Law in Supreme CourtThe Trump administration has petitioned the Supreme Court to strike down California's "sanctuary law," which hinders cooperation between local law enforcement and federal immigration authorities.The administration is challenging several provisions in the California Values Act, or S.B. 54. The law prohibits officials from sharing information with ICE about a suspect's release from custody, eliminating any opportunity for ICE agents to take illegal immigrants into custody before they are released from local jails. It also prohibits local law-enforcement officers from sharing physical descriptions of suspects with immigration authorities."The practical consequences of California’s obstruction are not theoretical; as a result of SB 54, criminal aliens have evaded the detention and removal that Congress prescribed, and have instead returned to the civilian population, where they are disproportionately likely to commit additional crimes," the Trump administration argued in its petition, which was filed Monday.While the provisions of S.B. 54 do not technically apply to suspects with a violent criminal history, since the law effectively prevents local law enforcement from cooperating with ICE, immigration officials must stake out jails and police stations to await the release of non-citizen suspects from custody, and only then make arrests.Last week at a hearing of the Senate Judiciary Committee, ICE official Timothy Robbins claimed that the Los Angeles police department was releasing as many as 100 illegal immigrants per day from custody."Cooperation between ICE and state and local law enforcement agencies is critical to the agency’s efforts to identify and arrest removable aliens, and to protect the nation’s security,” Robbins said at the time. “Unfortunately, we are seeing more jurisdictions that refuse to work with our officers, or directly impede our public safety efforts."




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The Latest: Islamic State leader buried at sea, US says

The Latest: Islamic State leader buried at sea, US saysThe head of United States Central Command says Islamic State leader Abu Bakr al-Baghdadi was buried at sea after a weekend raid on his compound. Gen. Frank McKenzie told reporters Wednesday that al-Baghdadi died after he exploded a suicide vest just before U.S. troops were going to capture him. McKenzie says two children were killed in the explosion set off by the Islamic State leader.




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Disaster for Trump? What If the Philippines Became Russia's Ally?

Disaster for Trump? What If the Philippines Became Russia's Ally?How could that happen?




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Biden's communion denial highlights faith-politics conflict

Biden's communion denial highlights faith-politics conflictA Roman Catholic priest's denial of communion to Joe Biden in South Carolina on Sunday illustrates the fine line presidential candidates must walk as they talk about their faiths: balancing religious values with a campaign that asks them to choose a side in polarizing moral debates. The awkward moment for Biden came during a weekend campaign swing through South Carolina, a pivotal firewall in his hopes to claim the Democratic presidential nomination. The former vice president on Sunday visited St. Anthony Catholic Church in Florence, a midsize city in the state's largely rural northeast.




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Trump judicial nominee breaks down during Senate hearing

Lawrence VanDyke broke down when asked whether he was biased against LGBT people.

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Comedian Kevin Hart shares emotional video after crash

The US comedian shared the video of his recovery after a severe car accident in September.

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Oct 30, 2019

Is Trump trying to unleash the Border Patrol on all of America?

Is Trump trying to unleash the Border Patrol on all of America?Two in three Americans live in the "border zone," a 100-mile stretch inland where some constitutional due process and privacy protections are functionally canceled in the name of border security. The zone includes entire states -- Delaware, Florida, Hawaii, nearly all of New England, and all but a tiny sliver of Michigan -- as well as about three in four of our 20 largest metro areas. Is the Trump administration trying to make it bigger?The prospect seems obviously attractive to immigration hawks like White House senior adviser Stephen Miller, known to be the president's chief influence on border policy. Yet the possible suggestion of interest in expanding the border zone comes not from Miller but acting Commissioner of U.S. Customs and Border Protection (CBP) Mark Morgan, who joined President Trump on stage at a law enforcement conference in Chicago this week."We will be building 450 miles of big, beautiful wall by the end of 2020," Morgan said, implausibly. "With every mile of wall that's being built, I promise you, it's not just the cities and towns on the border. I always say: Every town, every city, every state is a border town, a border city, and border state."Is that just a figure of speech? Because it's blatantly untrue -- unless the border zone goes national.My suspicion here may seem unfounded, and I hope it is. But I think there are two good reasons to be wary.The first is the nature of the border zone, which too few Americans realize exists. The Fourth Amendment protects our right "to be secure in [our] persons, houses, papers, and effects, against unreasonable searches and seizures" and requires specific probable cause before search warrants are issued. But at the border, CBP agents are allowed to conduct searches of bags and vehicles without meeting those requirements. And in 1953, the Justice Department issued a regulation saying these relaxed rules apply within a "reasonable distance" from the actual border, a term the DOJ defined as 100 miles.The 100-mile decision was made by unelected administrators. It wasn't open to public input, nor was it determined by our representatives in Congress. Nevertheless, the Supreme Court upheld the rule in 1976 in U.S. v Martinez-Fuerte, where the 7-2 majority wrote that usually law enforcement must have "individualized suspicion" to breach someone's privacy, but as long as the Border Patrol checkpoints are "reasonably located" (i.e. within the 100-mile range), agents can stop, search, and question motorists without any particular cause.As the minority opinion noted, there's "no principle in the jurisprudence of fundamental rights which permits constitutional limitations to be dispensed with merely because they cannot be conveniently satisfied." The fact that CBP agents typically won't be able to establish probable cause by looking at a moving vehicle should not mean they get to ignore the Constitution. That's not how rights work, and this "papers, please" style of law enforcement is fundamentally un-American.Yet even if you agree with the theory of the 100-mile rule, the practice is a disaster and sees CBP authority expanded well past what Martinez-Fuerte permitted. As Cato Institute scholar and former CIA analyst Patrick Eddington has detailed, CBP agents "elect to ignore the court's admonition in the Martinez-Fuerte ruling that 'any further detention ... must be based on consent or probable cause.'" They've "used violence to remove motorists from their vehicles when they decline to answer questions after asserting their rights;" expanded their searches to planes, buses, and trains; and used the checkpoints in service to the wars on drugs and terror. (No terrorists have ever been arrested this way.)The upshot, as the ACLU has reported in its extensive coverage of the border zone, is CBP "agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing, and often in ways that our Constitution does not permit." And in the years since the 100-mile rule was created, Border Patrol agents have grown from a force of 1,100 to around 21,000, with an estimated 170 permanent "interior checkpoints." What may have been relatively innocuous at the start is now a major problem.That brings us to the second reason to be worried by Morgan's remark: The border zone as it exists today was implemented with remarkably little pushback. The Border Zone Reasonableness Restoration Act of 2019 would reduce the zone to 25 miles, but that would still include most major cities in the current designation -- and it has no legislative traction anyway.If neither Congress nor the Supreme Court objects to this status quo, why would we expect them to object to extending the border zone to include the final third of the population? If it's fine to have CBP infringing around 200 million people's Fourth Amendment rights, what's another 100 million?It's not true that every town, every city, every state is a border town, a border city, and border state. The unchallenged corruption of the border zone gives us good cause to be leery of any talk that suggests they are.




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An avocado a day could keep bad cholesterol away, suggests new study

An avocado a day could keep bad cholesterol away, suggests new studyNew preliminary research has found that tucking into an avocado on toast could help lower levels of "bad" cholesterol. The small-scale study by researchers from Penn State looked at 45 participants aged 21 to 71 with overweight or obesity. All participants were asked to follow a two-week diet which mimicked the average American diet and gave everyone a similar nutritional start to the study.




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Former Boston College student charged in suicide death of boyfriend, echoing Michelle Carter case

Former Boston College student charged in suicide death of boyfriend, echoing Michelle Carter caseA former Boston College student was charged in connection with the suicide death of her boyfriend, drawing comparisons to the Michelle Carter case.




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Mass grave near Mexican beach town yields total of 42 bodies

Mass grave near Mexican beach town yields total of 42 bodiesA total of 42 bodies and skeletons have been pulled from a clandestine burial pit in the Mexican desert near the Gulf of California beach town of Puerto Penasco, which is known to U.S. tourists as Rocky Point. Four full days of digging at the spot, about 5 miles (8 kilometers) from Puerto Peñasco, revealed only two of the bodies were relatively recent and still had decomposing flesh on them. The clandestine burial pit was originally located by groups of volunteers known as the Searching Mothers of Sonora and the Searchers of Puerto Penasco.




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U.S. Spies Say Turkish-Backed Militias Are Killing Civilians as They Clear Kurdish Areas in Syria

U.S. Spies Say Turkish-Backed Militias Are Killing Civilians as They Clear Kurdish Areas in SyriaOfficials fears the groups could be using American-made weapons to conduct potential war crimes




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Congresswoman's exit prompts question of equity amid scandal

Congresswoman's exit prompts question of equity amid scandalThe resignation of a female Democratic congresswoman over a consensual, sexual relationship with a campaign aide has sparked questions about whether women are held to higher standards in public life. At the center of the controversy is Katie Hill, a first-term lawmaker from California and a rising Democratic Party star. In a video released Monday, Hill said she was stepping down because she was "fearful of what might come next" following the online publication of explicit pictures that outed her relationship with a female staffer.




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Chile’s Pinera Fires Top Economic Ministers Amid Protests

Chile’s Pinera Fires Top Economic Ministers Amid Protests(Bloomberg) -- Ten days of riots, protests and reprisals claimed their first political victims Monday as Chile’s President Sebastian Pinera fired eight ministers, including the biggest hitters in the cabinet.The interior, finance and economy ministers were all dismissed, with Pinera naming a younger, more centrist team to convince protesters that their voice has been heard.A wave of riots, looting and protests has caused more than a billion dollars of damage this month, before spawning the largest peaceful demonstration in the country’s history. Yet, today’s announcement is unlikely to placate a movement that has demands ranging from tax reform to constitutional change, via the resignation of the billionaire president himself.“These have been difficult days,” Pinera said at a ceremony in the presidential palace. “Our government has heard the loud and clear message of the Chilean people who want a more fair and more inclusive society.”The president’s approval rating slumped to 14% last week as the protests all but paralyzed the country’s largest cities, according to a survey by pollster Cadem. Opposition lawmakers have announced a constitutional accusation against Pinera on the grounds of human rights violations.Outgoing CousinPinera appointed Gonzalo Blumel as interior minister and Ignacio Briones as finance minister.Briones is dean of the school of government at Universidad Adolfo Ibanez. He has a PhD in political economy from Institut d´Etudes Politiques de Paris and was a senior adviser to the Finance Minister during Pinera’s first term in office.“I have a very positive opinion of Briones as an academic and an expert in public policy, but he doesn’t have much experience in the political arena and this may eventually show,” said Tomas Izquierdo, an economist and chief executive officer of research firm Gemines Consultores.Today’s firings also included Andres Chadwick, the interior minister and Economy Minister Juan Andres Fontaine.Chadwick was a particular source of anger because of the violent suppression of the protests and the fact he is Pinera’s cousin. His replacement, Blumel, 41, was until now minister of the presidency, coordinating the passing of government bills with Congress.Fontaine was another target of protesters after remarking that to avoid the higher subway prices, people should just get up earlier to take the subway at non-peak hours. A study earlier this year showed that Santiago residents face commutes as long as two hours.Mounting AngerThe firings are unlikely to quell mounting anger over how Pinera has dealt with the protests. More than 1,000 people have been injured and over 3,000 arrested, according to the Chilean Human Rights Institute. Police and the armed forces between them are responsible for five deaths for which it is bringing homicide charges, the institute said on Oct. 22.Protests resumed in front of the government’s Moneda palace after the announcement, according to images on TV.“Chileans have been marching against Pinera’s agenda and the new interior minister is precisely the person that was in charge of pushing that agenda,” said Yasna Provoste, a senator for the opposition Christian Democrats party. “Pinera’s government just can’t get a grasp of the citizens’ demands.”The extent of the protests shows the challenge facing Pinera’s center-right government. Pinera initially tackled the violence as a law-and-order matter, stating the country was at war with criminals. That only made things worse. He then apologized for failing to recognize genuine grievances and announced measures including raising taxes for high-income earners and lifting basic pensions.While more than 600 supermarkets have been looted, the occurrence of serious violence has slowed. Losses for Chile’s retail sector due to looting and lost sales reached $1.4 billion since the protests began, according to the Santiago Chamber of Commerce.Former Chilean President Michelle Bachelet, now the U.N. High Commissioner for Human Rights, said she would send a team to look into allegations of human-rights violations, a move the government welcomed.(Updates with comment from opposition senator in 13th paragraph)To contact the reporter on this story: Eduardo Thomson in Santiago at ethomson1@bloomberg.netTo contact the editors responsible for this story: Daniel Cancel at dcancel@bloomberg.net, Philip SandersFor more articles like this, please visit us at bloomberg.com©2019 Bloomberg L.P.




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Elected Arizona official accused of selling babies suspended

Elected Arizona official accused of selling babies suspendedAn elected official in Arizona was suspended Monday after he was charged with running a human smuggling scheme that brought pregnant women from the Marshall Islands to the U.S. to give birth and then paid them to give up their children for adoption. Leaders in Arizona's most populous county suspended Assessor Paul Petersen without pay for 120 days. The Maricopa County Board of Supervisors doesn't have the power to permanently remove him from his office, which determines the value of properties for tax purposes in Phoenix and its suburbs.




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Federal Prosecutors Are Lining Up Witnesses Against Jeffrey Epstein’s Cronies

Federal Prosecutors Are Lining Up Witnesses Against Jeffrey Epstein’s CroniesPhoto Illustration by The Daily Beast/Photos GettyIt’s been more than two months since Jeffrey Epstein killed himself, but the investigation into possible accomplices is still very much alive. In recent days, federal prosecutors probing the financier’s sex-trafficking ring have been asking Epstein victims if they could serve as witnesses in the criminal case they are building.Representatives from the U.S. Attorney’s Office for the Southern District of New York traveled to Florida for an Oct. 15 meeting with several of Epstein’s victims and their counsel. The staffers, who worked in the victim services unit, held a similar meeting in New York on Oct. 23, lawyers for the women and a law enforcement source told The Daily Beast.Two people familiar with the investigation said that prosecutors have heard from “dozens” of witnesses or victims since Epstein’s arrest in July.Following Epstein’s death in August, which was ruled a suicide by hanging, the Department of Justice said that it would continue to investigate anyone who helped Epstein procure underage girls or helped him to cover up crimes. A spokesman for the Manhattan U.S. Attorney’s Office declined to comment on where the probe stands, only saying that the “investigation is continuing.”The Biggest Bombshells in Newly Unsealed Epstein DocumentsSpencer Kuvin, a Palm Beach attorney who represents two women who were abused by Epstein, said the U.S. Attorney’s Office for the Southern District of New York offered counseling services to the group of victims who gathered in Miramar, Florida.The representatives also worked to debunk conspiracy theories, which the victims have encountered online, related to Epstein’s jailhouse suicide. According to Kuvin, prosecutors continue to battle wild speculation on how the 66-year-old money-manager died, along with rumors that he isn’t dead at all.“The U.S. Attorney’s Office wanted to put to rest some of those conspiracy theories—that he was killed, that he’s still alive. There are people still talking about that,” Kuvin told The Daily Beast. “There are still people that think this was an absolute ruse and he’s sitting pretty in another part of the world.” Kuvin said investigators assured the women that their probe into Epstein’s alleged co-conspirators was ongoing. The lawyer declined to comment on the identities of those suspected accomplices.“They wanted to meet with some of the victims to discuss whether or not they could be potential witnesses in that ongoing investigation,” Kuvin said. “One of my clients is going to meet with them privately about that issue.”Epstein Victim: Ghislaine Maxwell Made Me Recruit ‘Youngest-Looking’ Girls for EpsteinDuring the Florida meeting, coordinators for federal prosecutors answered questions from the women, some of whom felt burned over their treatment 12 years ago, when the U.S. Attorney’s Office in Miami secretly negotiated a cushy plea deal for Epstein. Back then, the feds promised the women they’d prosecute the creepy multimillionaire; instead, they collaborated with his legal team to downgrade the charges.“The focus really is: What are you doing now and are you honestly going to pursue the co-conspirators or are those just words?” Kuvin said.“They’ve been wronged by the system numerous times,” Kuvin added of his clients and other victims of Epstein, “from the late 2000s all the way up to him killing himself. Every time an official comes forward and says, ‘Don’t worry. We’re going to do the right thing,’ they shake their heads and say, ‘We’ll see.’”In New York last week, prosecutors met with victims at a federal building downtown where local FBI headquarters is housed to inform the women of their rights and offer counseling services.Duncan Levin, a former assistant U.S. Attorney and chief of asset forfeiture at the Manhattan District Attorney’s office, said Epstein’s inner circle shouldn’t rest easy. “There is at least some evidence that other people facilitated his crimes, and there’s obviously enough public interest in the case that [prosecutors] aren’t going to drop it just because he’s dead,” said Levin, managing partner at Tucker Levin, PLLC.Levin said prosecutors are likely to thoroughly investigate Epstein’s alleged enablers and seek forfeiture of Epstein’s properties that were used to facilitate the sex crimes. Jeffrey Epstein Reveals His Fortune Includes $56 Million in CashA bare-bones rundown of Epstein’s assets submitted by his lawyers following his arrest, and bank records obtained by prosecutors, provided a glimpse into Epstein’s net worth which is estimated at more than $550 million, but it may not be a complete accounting. The listed assets included $56 million in cash and another $500 million in properties and investments.The properties include $85 million worth of real estate in the U.S. Virgin Islands—including his own private island—an $8.6 million Paris apartment, a $12 million Palm Beach estate, a $17 million New Mexico ranch, and his Manhattan mansion—which Epstein claimed is worth $55 million but prosecutors have said is worth $77 million.“Justice is a slow-moving train,” Levin said. “This is par for the course. Investigations are measured in months and years not days and weeks.”“I would be very nervous if I were somebody who helped Jeffrey Epstein at this point and would be seeking legal counsel,” Levin added.Epstein was arrested on July 6 and charged with sex-trafficking and conspiracy to commit sex-trafficking. The indictment referred to three victims and three unnamed employees of Epstein who allegedly assisted in the sex pyramid scheme.According to the complaint, Epstein created a “network of minor victims in multiple states to sexually abuse and exploit” and “worked and conspired with others, including employees and associates who facilitated his conduct by, among other things, contacting victims and scheduling their sexual encounters with Epstein.”From 2002 to 2005, the indictment states, Epstein “enticed and recruited” minor girls as young as 14 to visit his mansions and engage in sex acts with him, after which he or his assistants gave the victims hundreds of dollars in cash.It’s unclear which alleged co-conspirators prosecutors are targeting.In one July court filing, prosecutors requested a protective order, indicating they planned to produce certain documents and materials that “would impede, if prematurely disclosed, the Government’s ongoing investigation of uncharged individuals.”In 2008, when Epstein pleaded guilty to state charges, his non-prosecution agreement with the feds granted immunity to his alleged accomplices, “including but not limited to Sarah Kellen, Adriana Ross, Lesley Groff, or Nadia Marcinkova.”Where Are Jeffrey Epstein’s Alleged Accomplices Now?Groff’s lawyer, Michael Bachner, previously told The Daily Beast: “At no time during Lesley’s employment with Epstein did she ever engage in any misconduct.”Attorneys for Marcinkova told CNN last month that she was a victim herself and “is and has been severely traumatized.” They added: “She needs time to process and make sense of what she has been through before she is able to speak out.”According to the report, Kellen’s spokeswoman had a similar explanation. “Very soon after Sarah was brought into Epstein's world, he began to sexually abuse her, and this abuse went on for years. Sarah continues to struggle with the trauma of her experiences and has chosen not to speak publicly at this time.”Ross hasn’t spoken publicly on the allegations.One lawsuit, filed by a Jane Doe in September against Epstein’s estate, describes Kellen and Groff as a pair of adult employees who “specifically facilitated his abuse.” The women scheduled the girl’s visits to Epstein’s Manhattan mansion and “often asked Doe to bring other girls with her,” paying her every time she did so.Meanwhile, Groff, a former assistant to Epstein, is facing a lawsuit from Jennifer Araoz, who says she was in high school when Epstein raped and abused her. A second assistant, Cimberly Espinosa, is also listed as a defendant in the case.Araoz’s complaint also targets Epstein’s alleged madam, Ghislaine Maxwell—who’s kept a low profile since the hedge-funder’s arrest and has long faced accusations of recruiting underage girls and taking part in sexual abuse herself.Ghislaine Maxwell.Mark Mainz/GettyAnother lawsuit, recently filed by Priscilla Doe, alleges that “in addition to providing sexual instruction, Ghislaine Maxwell further made sure that Plaintiff and the other young females were constantly on call to sexually service Jeffrey Epstein.”Maxwell isn’t the only Epstein friend under scrutiny in the press. Authorities in France are looking into sexual misconduct claims against talent scout Jean-Luc Brunel, accused in civil court filings of procuring young models for Epstein to exploit.“Jeffrey Epstein has told me that he has slept with over 1,000 of Brunel’s girls, and everything that I have seen confirms this claim,” said accuser Virginia Giuffre in a 2015 affidavit. Giuffre says she was 16 when Maxwell recruited her into Epstein’s trafficking ring.In response, Brunel issued a statement denying Giuffre’s claims, saying he never participated “directly nor indirectly, in the actions Mr. Jeffrey Epstein is being accused of.”Models Say Jeffrey Epstein’s Closest Pal Drugged, Raped ThemLast year, Epstein may have attempted to buy the silence of alleged co-conspirators just as his name re-emerged in the press.Prosecutors say Epstein wired payments to two unnamed women—one received $250,000 while the other got $100,000—shortly after the Miami Herald’s exposé on Epstein’s 2007 sweetheart deal. Those individuals were listed as possible co-conspirators in Epstein’s non-prosecution agreement, the U.S. Attorney’s Office said in July.At a bail hearing that month, Assistant U.S. Attorney Alex Rossmiller told the court that “after seven days of this case being public following months of a covert investigation, the evidence is already significantly stronger and getting stronger every single day.“Many individuals identifying themselves as victims and witnesses have contacted the government,” Rossmiller continued, “and we are in the process of receiving and corroborating this additional evidence.”Brad Edwards, an attorney who sued the government on behalf of victims over Epstein’s lenient plea deal, said, “I assume that if there are others that should be held accountable for crimes that can still be prosecuted, then they will.”Edwards said he trusts that New York prosecutors “are trying to leave no stone unturned.”Last month, U.S. District Judge Kenneth Marra refused to scrap the non-prosecution agreement that shielded Epstein and his alleged co-conspirators from facing serious charges—despite Marra’s ruling that the agreement was illegal. Marra also denied the victims’ requests for other relief: attorneys’ fees, a hearing where victims could speak, and the release of documents including grand jury materials. The decision was part of a 2008 lawsuit Jane Does 1 and 2 filed against the United States, alleging the feds violated the Crime Victims’ Right Act. Courtney Wild, who has come forward as Jane Doe 1, has appealed to the U.S. Court of Appeals for the 11th Circuit. Oral arguments are scheduled for January.“A ruling rescinding the immunity provisions would have permitted the victims to confer with government prosecutors about the possibility of obtaining prosecution of Epstein’s co-conspirators in the Southern District of Florida — i.e., would have afforded them their rights under the CVRA,” Wild’s appeal states.Read more at The Daily Beast.Got a tip? Send it to The Daily Beast hereGet our top stories in your inbox every day. Sign up now!Daily Beast Membership: Beast Inside goes deeper on the stories that matter to you. Learn more.




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UPDATE 1-Iraq's Sadr calls on rival to join him in ousting PM

UPDATE 1-Iraq's Sadr calls on rival to join him in ousting PMPopulist Iraqi Shi'ite cleric Moqtada al-Sadr has invited his biggest political rival to work with him on ousting the country's prime minister as thousands of anti-government protesters took to the streets for a fifth day. In a statement on Tuesday Sadr, who leads parliament's largest bloc, asked Hadi al-Amiri, leader of the second-largest, to help him introduce a vote of no confidence in Prime Minister Adel Abdul Mahdi. "To answer brother Abdul Mahdi, I thought asking you to call an early election would preserve your dignity but as you have refused, I invite brother Amiri to work with me on withdrawing confidence from you immediately," he said.




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Schiff to handle impeachment witness testimony in break from precedent

Schiff to handle impeachment witness testimony in break from precedentUnder past precedent in 1974 and 1998 — the last two times the House conducted an impeachment inquiry — the House Judiciary Committee was the hub for investigations, hearings, and a committee vote on articles of impeachment.




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Catholic priest says he denied Joe Biden Holy Communion at Mass in South Carolina because of abortion views

Catholic priest says he denied Joe Biden Holy Communion at Mass in South Carolina because of abortion views"Any public figure who advocates for abortion places himself or herself outside of Church teaching." Rev. Robert Morey said in a statement.




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Argentina’s Alberto Fernandez Has Olive Branch Coffee Meeting With Macri

Argentina’s Alberto Fernandez Has Olive Branch Coffee Meeting With Macri(Bloomberg) -- Alberto Fernandez doesn’t take over as Argentine president until Dec. 10, but how he interacts with outgoing leader Mauricio Macri in the meantime is key to an economy in turmoil. On Monday at least the two men were talking.Fernandez arrived at the presidential palace in downtown Buenos Aires without any staff, save for a spokesman. Television networks showed pictures of the men, both in suits, shaking hands before sitting in armchairs facing each other. They met for about an hour over coffee.Later on Fernandez smiled and waved as he entered a car to leave, but he did not comment.Even that is a start for what could be a tricky transition period from a market-friendly leader who tried to enact fiscal discipline, to a left-leaning populist who has promised to increase spending for a public tired of the high cost of living and lack of strong public services.Fernandez told Macri during the meeting that he will provide details of a team to work with the Macri administration through Dec. 10, a person familiar with their discussion said. Fernandez didn’t mention anyone specific and he did not hand over a list of names, the person said. Fernandez’s adviser Santiago Cafiero will coordinate the transition team, they added.Argentine Bonds Fall After Fernandez Wins Presidential VoteMacri has been grappling with a contracting economy, high inflation, a sliding currency and a tricky debt negotiation with the International Monetary Fund. The economy could be in even worse shape by the time Fernandez takes office, so statements of intent to work together in the interim could reassure markets, investors and the public alike.A surprisingly strong win by Fernandez in a primary vote in August spooked markets, with the currency slide that followed forcing Macri to enact capital controls. In the early hours of Monday after Macri conceded the election, Fernandez was giving little away.“Hopefully those who were our opponents during these four years are conscious of what they’re leaving behind and help us rebuild the country from the ashes,” he told supporters at his campaign bunker.Fernandez Wins in Argentina as Voters Rebuff Macri’s AusterityAnalysts argue Fernandez may need to moderate his rhetoric after Macri’s coalition fared better than expected in congressional races, setting the stage for potential gridlock.“That implies greater limitations for Alberto Fernandez’s future government,” said Camila Perochena, a political science professor at University of Torcuato Di Tella in Buenos Aires. “The need to reach consensus with the opposition is becoming more evident.”Investors are waiting for Fernandez to unveil his economic team and further clues to his policy direction. His team ranges from traditional economists to unorthodox policy makers. It’s unclear how Fernandez will renegotiate Argentina’s $56 billion credit line with the IMF, a deal that’s currently suspended due to policy uncertainty.“Alberto Fernandez will have little time to find the formula for an economic turnaround,” said Nicolas Solari, director of polling firm Real Time Data. “The coalition he’s bringing to the presidency is just as broad as it is unstable.”For his part, Macri’s government moved quickly overnight to limit the market fallout from his loss, significantly tightening capital controls to stabilize the peso. Argentines can only buy $200 in greenbacks per month, sharply down from the previous ceiling put in place Sept. 1 of $10,000. Before then, dollar purchases were unlimited.Argentina’s Election and Currency Controls: All You Need to KnowThe Argentine peso gained 0.8% on Monday after the controls. Bonds declined, with spreads between U.S. Treasury notes widening 98 basis points to the highest in nearly two months. Stocks also declined with a benchmark U.S.-listed ETF falling 2.4%. A key question will be how Fernandez interacts with his powerful deputy, former president Cristina Fernandez de Kirchner. She was president from 2007 to 2015 and handed Macri an economy damaged by years of Peronism -- an anti-elite political movement that traditionally favors workers over business owners.Some noted Fernandez’s left-leaning remarks in his victory speech, in particular expressing support for former Brazilian President Luiz Inacio Lula Da Silva, who is in jail. He also plans to travel soon to Mexico to meet its left-wing president, Andres Manuel Lopez Obrador.“We’ll have to see the tone of Fernandez’s administration to find consensus,” said Juan Germano, director of Argentina polling firm Isonomia. “The last four years showed there was no consensus between Kirchner’s and Macri’s parties, but with this election result, both sides have more incentives to reach consensus.”(Adds stocks trading in 14th paragraph. A previous version of the story corrected the exchange rate.)To contact the reporters on this story: Patrick Gillespie in Buenos Aires at pgillespie29@bloomberg.net;Jorgelina do Rosario in Buenos Aires at jdorosario@bloomberg.netTo contact the editors responsible for this story: Juan Pablo Spinetto at jspinetto@bloomberg.net, Rosalind MathiesonFor more articles like this, please visit us at bloomberg.com©2019 Bloomberg L.P.




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Australian sentenced to 36 years for murder, rape of Israeli

Australian sentenced to 36 years for murder, rape of IsraeliAn Australian judge sentenced a man to 36 years in prison on Tuesday for the murder and rape of an Israeli student whom he bludgeoned into unconsciousness moments after she stepped off a tram in Melbourne before setting her corpse on fire. Victoria state Supreme Court Justice Elizabeth Hollingworth ordered Codey Herrmann, 21, to serve at least 30 years behind bars for his crimes against 21-year-old Aiia Maasarwe last January. The judge said she would have sentenced Herrmann to 40 years in prison with 35 years to be served before he became eligible for parole if he had not pleaded guilty in the face of an overwhelming prosecution case.




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Here's What California's Kincade Wildfire Looks Like From Space

Here's What California's Kincade Wildfire Looks Like From SpaceThe Bay-area's Kincade wildfire has grown so large that a satellite can record the plumes from 23,000 miles away in space.




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Correction: Puerto Rico-Cruise Ship Death story

Correction: Puerto Rico-Cruise Ship Death storyIn a story Oct. 28 about charges brought in a cruise ship death, The Associated Press reported erroneously that a child who died was 2 and the man's niece. SAN JUAN, Puerto Rico (AP) — A man who police say dropped his young granddaughter from the 11th floor of a cruise ship docked in Puerto Rico in July has been accused of negligent homicide.




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Is Trump trying to unleash the Border Patrol on all of America?

Is Trump trying to unleash the Border Patrol on all of America?Two in three Americans live in the "border zone," a 100-mile stretch inland where some constitutional due process and privacy protections are functionally canceled in the name of border security. The zone includes entire states -- Delaware, Florida, Hawaii, nearly all of New England, and all but a tiny sliver of Michigan -- as well as about three in four of our 20 largest metro areas. Is the Trump administration trying to make it bigger?The prospect seems obviously attractive to immigration hawks like White House senior adviser Stephen Miller, known to be the president's chief influence on border policy. Yet the possible suggestion of interest in expanding the border zone comes not from Miller but acting Commissioner of U.S. Customs and Border Protection (CBP) Mark Morgan, who joined President Trump on stage at a law enforcement conference in Chicago this week."We will be building 450 miles of big, beautiful wall by the end of 2020," Morgan said, implausibly. "With every mile of wall that's being built, I promise you, it's not just the cities and towns on the border. I always say: Every town, every city, every state is a border town, a border city, and border state."Is that just a figure of speech? Because it's blatantly untrue -- unless the border zone goes national.My suspicion here may seem unfounded, and I hope it is. But I think there are two good reasons to be wary.The first is the nature of the border zone, which too few Americans realize exists. The Fourth Amendment protects our right "to be secure in [our] persons, houses, papers, and effects, against unreasonable searches and seizures" and requires specific probable cause before search warrants are issued. But at the border, CBP agents are allowed to conduct searches of bags and vehicles without meeting those requirements. And in 1953, the Justice Department issued a regulation saying these relaxed rules apply within a "reasonable distance" from the actual border, a term the DOJ defined as 100 miles.The 100-mile decision was made by unelected administrators. It wasn't open to public input, nor was it determined by our representatives in Congress. Nevertheless, the Supreme Court upheld the rule in 1976 in U.S. v Martinez-Fuerte, where the 7-2 majority wrote that usually law enforcement must have "individualized suspicion" to breach someone's privacy, but as long as the Border Patrol checkpoints are "reasonably located" (i.e. within the 100-mile range), agents can stop, search, and question motorists without any particular cause.As the minority opinion noted, there's "no principle in the jurisprudence of fundamental rights which permits constitutional limitations to be dispensed with merely because they cannot be conveniently satisfied." The fact that CBP agents typically won't be able to establish probable cause by looking at a moving vehicle should not mean they get to ignore the Constitution. That's not how rights work, and this "papers, please" style of law enforcement is fundamentally un-American.Yet even if you agree with the theory of the 100-mile rule, the practice is a disaster and sees CBP authority expanded well past what Martinez-Fuerte permitted. As Cato Institute scholar and former CIA analyst Patrick Eddington has detailed, CBP agents "elect to ignore the court's admonition in the Martinez-Fuerte ruling that 'any further detention ... must be based on consent or probable cause.'" They've "used violence to remove motorists from their vehicles when they decline to answer questions after asserting their rights;" expanded their searches to planes, buses, and trains; and used the checkpoints in service to the wars on drugs and terror. (No terrorists have ever been arrested this way.)The upshot, as the ACLU has reported in its extensive coverage of the border zone, is CBP "agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing, and often in ways that our Constitution does not permit." And in the years since the 100-mile rule was created, Border Patrol agents have grown from a force of 1,100 to around 21,000, with an estimated 170 permanent "interior checkpoints." What may have been relatively innocuous at the start is now a major problem.That brings us to the second reason to be worried by Morgan's remark: The border zone as it exists today was implemented with remarkably little pushback. The Border Zone Reasonableness Restoration Act of 2019 would reduce the zone to 25 miles, but that would still include most major cities in the current designation -- and it has no legislative traction anyway.If neither Congress nor the Supreme Court objects to this status quo, why would we expect them to object to extending the border zone to include the final third of the population? If it's fine to have CBP infringing around 200 million people's Fourth Amendment rights, what's another 100 million?It's not true that every town, every city, every state is a border town, a border city, and border state. The unchallenged corruption of the border zone gives us good cause to be leery of any talk that suggests they are.




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Ivan Milat, who killed backpackers, dies in Australia prison

Ivan Milat, who killed backpackers, dies in Australia prisonIvan Milat, whose grisly serial killings of seven European and Australian backpackers horrified Australia in the early '90s, died in a Sydney prison on Sunday, ending hopes of a deathbed confession to more unsolved slayings. Milat died in Long Bay Prison where authorities sent him from a hospital last week to ensure he ended his days behind bars, officials said. Milat was convicted of murder in the deaths of three German, two British, and two Australian backpackers after giving them rides while they were hitchhiking.




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Michelle Obama on white flight: 'Y'all were running from us'

The former US first lady says race and lack of understanding of migrants still divides the US and world.

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