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  • Prosecutors seek prison for rioter’s attack on AP journalist

    Prosecutors seek prison for rioter’s attack on AP journalist

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    Federal prosecutors on Sunday recommended a prison sentence of approximately four years for a Pennsylvania man who pleaded guilty to assaulting an Associated Press photographer and using a stun gun against police officers during a mob’s attack on the U.S. Capitol.

    U.S. District Judge Randolph Moss is scheduled to sentence Alan Byerly on Oct. 21 for his attack on AP photographer John Minchillo and police during the Jan. 6, 2021 riot in Washington, D.C.

    Sentencing guidelines recommend a prison term ranging from 37 to 46 months. Prosecutors are seeking a sentence of at least 46 months of imprisonment followed by three years of supervised release. Byerly’s attorney has until Friday to submit a sentencing recommendation.

    The judge isn’t bound by any of the sentencing recommendations.

    Byerly was arrested in July 2021 and pleaded guilty a year later to assault charges.

    Byerly purchased a stun gun before he traveled from his home in Fleetwood, Pennsylvania, to Washington for the “Stop the Steal” rally on Jan. 6. Leaving the rally before then-President Donald Trump finished speaking, Byerly went to the Capitol and joined other rioters in using a large metal Trump sign as a battering ram against barricades and police officers, prosecutors said.

    Then he went to the Capitol’s Lower West Terrace of the Capitol, where he and other rioters attacked Minchillo, who was wearing a lanyard with AP lettering. Byerly is one of at least three people charged with assaulting Minchillo, whose assault was captured on video by a colleague.

    After that, Byerly approached police officer behind bike racks and deployed his stun gun.

    “After officers successfully removed the stun gun from Byerly’s hands, Byerly continued to charge toward the officers, struck and pushed them, and grabbed an officer’s baton,” prosecutors wrote.

    Byerly later told FBI agents that he did just “one stupid thing down there and that’s all it was,” according to prosecutors.

    “This was a reference to how he handled the reporter and nothing more,” they wrote.

    Byerly treated Jan. 6 “as a normal, crime-free day, akin to the movie, ‘The Purge,’ when he could do whatever he wanted without judgment or legal consequence,” prosecutors said.

    “He was mistaken,” they added.

    More than 100 police officers were injured during the Capitol siege.

    Approximately 900 people have been charged with federal crimes for their conduct on Jan. 6. More than 400 of them have pleaded guilty, mostly to misdemeanor offenses. Over 280 riot defendants have been sentenced, with roughly half sentenced to terms of imprisonment ranging from one week to 10 years.

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  • Nikki Finke, sharp-tongued Hollywood columnist, dies at 68

    Nikki Finke, sharp-tongued Hollywood columnist, dies at 68

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    NEW YORK — Nikki Finke, the veteran reporter who became one of Hollywood’s top journalists as founder of the entertainment trade website Deadline.com and whose sharp-tongued tenacity made her the most-feared columnist in show business, has died. She was 68.

    Finke died Sunday in Boca Raton, Florida, after a prolonged illness, according to Deadline.

    A famously reclusive blogger, Finke began writing LA Weekly’s “Deadline Hollywood” column in 2002 and made it essential reading for gossip and trade news. Four years later, she launched Deadline Hollywood Daily as a website.

    Blogging at Deadline.com, Finke made a pugnacious media empire of scoops and gossip, renowned for her “live-snarking” award shows and story updates that blared “TOLDJA!” when one of her earlier exclusives proved accurate.

    Finke’s sharp-elbow style earned her plenty of enemies in Hollywood. But the Long Island native’s regular drumbeat of exclusives proved her considerable influence with executives, agents and publicists. In 2010, Forbes listed her among “the world’s most powerful women.” Finke was unapologetic, declining to soften her approach for the most glamorous stars or the most powerful studio executives.

    “I mean, they play rough,” Finke told The New York Times in 2015. “I have to play rough, too.”

    Finke did it all largely from the confines of her apartment in west Los Angeles, not schmoozing at red-carpet premieres or cocktail parties. But from her reclusive remove, Finke could ruthlessly skewer executives whose decision making she disapproved of. She once called Jeff Zucker, then-president of NBC Universal, “one of the most kiss-ass incompetents to run an entertainment company.”

    “I can’t help it!” Finke told The New Yorker in 2009. “It’s like meanness pours out of my fingers!”

    In 2009, Deadline Hollywood was purchased by Jay Penske, whose company, Penske Media Corporation, would later also acquire Variety and The Hollywood Reporter. Finke often quarreled with Penske, particularly after his purchase of the Deadline rivals. She departed the site in 2013 after months of public acrimony, but remained under contract as a consultant. “He tried to buy my silence,” Finke wrote at the time. “No sale.”

    “At her best, Nikki Finke embodied the spirit of journalism, and was never afraid to tell the hard truths with an incisive style and an enigmatic spark. She was brash and true,” Penske said in a statement Sunday. “It was never easy with Nikki, but she will always remain one of the most memorable people in my life.”

    After her departure, Finke played with various projects but never returned to entertainment journalism. Her deal with Penske reportedly prohibited her to report on Hollywood for 10 years, though she at one time threatened to go solo again with NikkiFinke.com. Instead, she debuted HollywoodDementia.com, with fictional showbiz tales instead of real ones.

    Before her notoriety with Deadline, Finke had spent years as a reporter for The Associated Press, Newsweek, The Los Angeles Times, the New York Post and the New York Observer. She inspired a 2011 HBO pilot that starred Diane Keaton as reporter Tilda Watski.

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  • Suspect in Las Vegas stabbings solicited work 2 days before

    Suspect in Las Vegas stabbings solicited work 2 days before

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    LAS VEGAS — The suspect in a stabbing rampage on the Las Vegas Strip that left two people dead and six injured was in Los Angeles soliciting employment from strangers two days before the attack, according to a California TV station.

    In a video taken Tuesday by photographer Jorge Lopez for NBCLA sister station Telemundo 52, a man who identified himself as Yoni Barrios approached Lopez outside Los Angeles City Hall and asked for help, saying he had lost his home and everything he had.

    “He kept telling me, ‘I just want an opportunity, I just want to start from scratch,‘” said Lopez, who was in downtown Los Angeles on assignment at the time.

    The TV station said Lopez didn’t realize the significance of the video until Barrios’ arrest Thursday in Las Vegas.

    The rampage began when Barrios allegedly attacked a group of four showgirl performers outside a casino with a 12-inch knife, police said.

    Barrios had approached the women for a photo on a pedestrian bridge, but one showgirl told police she was uncomfortable with his proposal and backed away.

    Witnesses said Barrios charged at the woman and stabbed her in the back as she ran from him. The suspect then allegedly stabbed another woman before running down the Strip and looking for groups of people so he could “let the anger out,” police said.

    Barrios thought the showgirls were laughing at him and making fun of his clothing, according to the arrest report.

    Police said the suspect was wearing a chef’s long-sleeved white jacket that was covered in blood when he was arrested.

    Officers have recovered the knife Barrios is believed to have thrown into some bushes as he fled.

    The county coroner’s office has identified the two killed as Las Vegas residents Brent Allan Hallett, 47, and Maris Mareen DiGiovanni, 30.

    DiGiovanni was part of the Best Showgirls In Vegas modeling and talent agency, according to Cheryl Lowthorp, who runs the business that provides models and showgirls for various promotional events from restaurant openings to airport greetings.

    Lowthorp said two others with the agency were among the wounded and a third escaped without injury.

    Prior to the rampage, Barrios reportedly went to the Wynn casino and asked a janitor about jobs and was also seeking work as a chef.

    Barrios also told a casino security guard he was trying to sell his knives that he kept in a suitcase to raise enough money to go back home, although police said his citizenship isn’t clear.

    Barrios, 32, is being held without bail and scheduled to be arraigned Tuesday.

    Clark County District Attorney Steve Wolfson said Barrios will be charged with two counts of murder and six counts of attempted murder.

    Wolfson said prosecutors should decide in the next 30 to 60 days whether to seek the death penalty in the case.

    It remained unclear Sunday if Barrios has a lawyer yet who can speak on his behalf.

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  • Thai police investigating CNN crew’s coverage of attack

    Thai police investigating CNN crew’s coverage of attack

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    UTHAI SAWAN, Thailand — Thai police are investigating a report that a CNN crew inappropriately entered the day care center while reporting on the aftermath of the massacre in the building that left more than 20 preschoolers dead, authorities said Sunday.

    Danaichok Boonsom, head of the local township administration, told reporters that he had submitted his report alleging unauthorized entry onto the government property and that police were investigating.

    “Let the legal process run its course, I don’t want to disclose all the details,” he said as he left the Na Klang district police station in northeastern Thailand. “Let the police do their work investigating.”

    Authorities began looking into the incident after a Thai reporter posted an image on social media of two members of the crew leaving the scene, with one climbing over the low wall and fence around the compound, over police tape, and the other already outside.

    CNN tweeted that the crew had entered the premises when the police cordon had been removed from the center, and were told by three public health officials exiting the building that they could film inside.

    “The team gathered footage inside the center for around 15 minutes, then left,” CNN said in its tweet. “During this time, the cordon had been set back in place, so the team needed to climb over the fence at the center to leave.”

    The tweet came in response to criticism from the Foreign Correspondents’ Club of Thailand, which said it was “dismayed” by CNN’s coverage and the decision to film the crime scene inside.

    “This was unprofessional and a serious breach of journalistic ethics in crime reporting,” the FCCT said.

    The Thai Journalists’ Association criticized CNN’s actions as “unethical” and “insensitive,” and called for an internal company investigation of the incident in addition to the official Thai probe.

    In a later statement, CNN International’s executive vice president and general manager Mike McCarthy reiterated that his reporters sought permission to enter the building but the team “now understands that these officials were not authorized to grant this permission,” adding that it was “never their intention to contravene any rules.”

    He said CNN had ceased broadcasting the report and had removed the video from its website.

    “We deeply regret any distress or offense our report may have caused, and for any inconvenience to the police at such a distressing time for the country,” he said in the statement tweeted by CNN.

    Deputy national police chief Surachate Hakparn said the two journalists entered Thailand on tourist visas, which had now been revoked. He said they had been detained pending their expulsion from the country, but refused to provide further details.

    Surachate later told reporters that the investigation was not yet concluded, but it appeared the crew had been waved in to the center and believed they had permission to enter, making it likely they would only be fined for working while on a tourist visa and sent home.

    In the attack Thursday, police said 36 people, 24 of them children, were killed by a former police officer who was fired earlier this year on drug charges and had been due in court on Friday.

    As Thailand’s worst such massacre ever, the attack drew widespread international media attention to the small town of Uthai Sawan in the country’s rural northeast. By Sunday, few remained but a large number of Thai media continued to report from the scene.

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  • Thai police investigating CNN crew’s coverage of attack

    Thai police investigating CNN crew’s coverage of attack

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    UTHAI SAWAN, Thailand — Thai police are investigating a report that a CNN crew inappropriately entered the day care center while reporting on the aftermath of the massacre in the building that left more than 20 preschoolers dead, authorities said Sunday.

    Danaichok Boonsom, head of the local township administration, told reporters that he had submitted his report alleging unauthorized entry onto the government property and that police were investigating.

    “Let the legal process run its course, I don’t want to disclose all the details,” he said as he left the Na Klang district police station in northeastern Thailand. “Let the police do their work investigating.”

    Authorities began looking into the incident after a Thai reporter posted an image on social media of two members of the crew leaving the scene, with one climbing over the low wall and fence around the compound, over police tape, and the other already outside.

    CNN tweeted that the crew had entered the premises when the police cordon had been removed from the center, and were told by three public health officials exiting the building that they could film inside.

    “The team gathered footage inside the center for around 15 minutes, then left,” CNN said in its tweet. “During this time, the cordon had been set back in place, so the team needed to climb over the fence at the center to leave.”

    The tweet came in response to criticism from the Foreign Correspondents’ Club of Thailand, which said it was “dismayed” by CNN’s coverage and the decision to film the crime scene inside.

    “This was unprofessional and a serious breach of journalistic ethics in crime reporting,” the FCCT said.

    The Thai Journalists’ Association criticized CNN’s actions as “unethical” and “insensitive,” and called for an internal company investigation of the incident in addition to the official Thai probe.

    Deputy national police chief Surachate Hakparn said the two journalists entered Thailand on tourist visas, which had now been revoked. He said they had been detained pending their expulsion from the country, but refused to provide further details.

    In the attack Thursday, police said 36 people, 24 of them children, were killed by a former police officer who was fired earlier this year on drug charges and had been due in court on Friday.

    As Thailand’s worst such massacre ever, the attack drew widespread international media attention to the small town of Uthai Sawan in the country’s rural northeast. By Sunday, few remained but a large number of Thai media continued to report from the scene.

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  • Maryland AG joins family’s appeal in ‘Serial’ murder case

    Maryland AG joins family’s appeal in ‘Serial’ murder case

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    FILE – Adnan Syed, center right, leaves the courthouse after a hearing on Sept. 19, 2022, in Baltimore. Hae Min Lee’s brother, Young Lee, has asked the Maryland Court of Special Appeals to halt court proceedings for Syed, whose conviction in Lee’s 1999 killing was reversed by Baltimore Circuit Judge Melissa Phinn in September 2022. Now, the office of Maryland’s attorney general is supporting the brother’s appeal. (Jerry Jackson/The Baltimore Sun via AP, File)

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  • Putin backers urge strong retaliation for Kerch Bridge blast

    Putin backers urge strong retaliation for Kerch Bridge blast

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    KYIV — The fiery blast on the Kerch Bridge on Saturday triggered a chorus of calls for brutal retaliation against Ukraine among Russian public figures who support President Vladimir Putin. 

    The calls increase political pressure on Putin, who said in September that Moscow is ready to use “all available means” to protect the country and its people “if our country is threatened.”  
     
    “This is not a bluff,” Putin added, speaking during the announcement of the mobilization of 300,000 reservists for the war on Ukraine. 

    His statement triggered speculation among Ukraine’s Western backers about a possible deployment of tactical nuclear weapons against Ukrainian troops in case Kyiv is successful in its counteroffensive in four Ukrainian territories formally annexed by the Kremlin, or if Ukraine attempts to win Crimea back. Kyiv hasn’t claimed responsibility for the bridge explosion. 

    Sergei Markov, a Kremlin-connected politician and former parliamentarian with Putin’s United Russia party, believes that “the terrorist attack” on the Kerch Bridge is evidence that “the U.S. and its Ukrainian proxy regime will move the red line further and further.”  

    “No response from Russia? Even further. And again? Even further,” he wrote on social media, demanding a tough response from Moscow. 

    Konstantin Dolgov, a member of the upper house of Russia’s parliament, also branded the explosion “a terrorist attack” and “another sinister manifestation of the terrorist nature of the puppet Kyiv regime.”

    Referring to Ukrainian President Volodymyr Zelenskyy, Dolgov said: “Terrorists must be treated unequivocally!” 

    Rodion Miroshnik, who represented in Moscow until recently the Russia-backed Luhansk People’s Republic, wrote on social media that “undamaged Ukrainian bridges across the Dnieper river look ridiculous against the backdrop of a blazing Crimean bridge.” 

    The damage to the Kerch Bridge, which connects Russia with Crimea, the peninsula illegally annexed by Moscow in 2014, not only poses a problem to Russia’s supplies of manpower and weapons to its units in southern Ukraine. It is also a serious humiliation for Putin personally, having happened on the morning after his 70th birthday. 

    The explosion was also a slap in the face to propagandists in Russia’s state-controlled media, who have regularly used the bridge as a symbol of Russia’s successful annexation of Ukrainian territory. 

    Television journalist Vladimir Solovyov, sanctioned earlier this year by the EU for his propaganda activities, wrote in his Telegram channel: “It’s time to respond. By all means available.”  

    He said that Ukraine “must be immersed in dark times,” and urged Russia to destroy bridges, dams, railways, thermal power plants and other infrastructure facilities in Ukraine. According to international law, such deliberate destruction would be a war crime. The U.N. already said last month that Russia had committed war crimes in Ukraine including the bombings of civil areas and summary executions.

    Andrei Medvedev, a prominent television journalist and a vice speaker of the Moscow city council, said that “what will happen to us [Russia] depends, among other things, on the reaction [of the authorities] to today’s events.” 

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    Sergei Kuznetsov

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  • Harvey Weinstein goes on trial in LA, where he once reigned

    Harvey Weinstein goes on trial in LA, where he once reigned

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    LOS ANGELES — Five years after women’s stories about him made the #MeToo movement explode, Harvey Weinstein is going on trial in the city where he once was a colossus at the Oscars.

    Already serving a 23-year sentence for rape and sexual assault in New York, the 70-year-old former movie mogul faces different allegations including several that prosecutors say occurred during a pivotal Oscar week in Los Angeles. Jury selection for an eight-week trial begins Monday.

    Weinstein has been indicted on four counts of rape and seven other sexual assault counts involving five women, who will appear in court as Jane Does to tell their stories. He has pleaded not guilty.

    Four more women will be allowed to take the stand to give accounts of Weinstein sexual assaults that did not lead to charges, but which prosecutors hope will show jurors he had a propensity for committing such acts.

    Starting in the 1990s, Weinstein, through the company Miramax that he ran with his brother, was an innovator in running broad and aggressive campaigns promoting Academy Award nominees. He had unmatched success, pushing films like “Shakespeare in Love” and “The Artist” to best picture wins and becoming among the most thanked men ever during Oscar acceptance speeches.

    Miramax and its successor The Weinstein Co. were based in New York, where Weinstein lived and did business, but that didn’t diminish his presence in Hollywood.

    “He was a creature of New York, but he was also a creature of Los Angeles,” said Kim Masters, editor at large for The Hollywood Reporter and a longtime observer of the movie industry. “He had this huge Golden Globes party that was always well beyond capacity when he was in his heyday. He was the King of Hollywood in New York and LA.”

    It was during Oscars week in 2013, when Jennifer Lawrence would win an Academy Award for the Weinstein Co.’s “Silver Linings Playbook” and Quentin Tarantino would win for writing the company’s “Django Unchained,” that four of the 11 alleged crimes took place.

    Like most of the incidents in the indictments, they happened under the guise of business meetings at luxury hotels in Beverly Hills and Los Angeles, which Weinstein used as his California headquarters and where he could be seen during awards season and throughout the year. He was treated as more than a VIP. At a pre-trial hearing, the chauffeur who drove Weinstein around Los Angeles testified that even he was allowed to take as much as $1,000 in cash in Weinstein’s name from the front desk of the hotel where the mogul was staying.

    By the time stories about him in The New York Times and The New Yorker in October of 2017 brought about his downfall, Weinstein’s power to seemingly will films to win awards had diminished, and his company had fallen into financial trouble.

    “His stature changed, he was no longer the king of Oscar, which was really what made him vulnerable,” Masters said.

    The Los Angeles trial is likely to be far less of a spectacle than the New York proceedings, and not merely because it’s a sequel and Weinstein is already serving a long sentence.

    Foot traffic is sparse and there is no grand entrance at the downtown LA courthouse that’s hosting the trial. Weinstein will not be visible to any media horde or protesters outside as he was in Manhattan, as he’ll be ushered into the courtroom straight from jail — once he’s changed form his prison garb into a suit — across a short hallway where no cameras are allowed that could capture him.

    Only a dozen reporters, including two sketch artists, will be allowed into the small courtroom each day, compared to several dozen in New York.

    Weinstein will also be represented by different lawyers in Los Angeles, Alan Jackson and Mark Werksman. They have expressed worries that the movies may play a role in trial.

    The film “She Said,” which fictionalizes the work of two New York Times reporters and their bombshell stories on Weinstein, is set to be released midway through the trial on Nov. 18.

    Weinstein’s lawyers lost a bid to have the proceedings delayed over the film, with the judge rejecting their argument that publicity surrounding it would prejudice a potential jury against him.

    “This case is unique,” Werksman said at a pretrial hearing. “Mr. Weinstein’s notoriety and his place in our culture at the center of the firestorm which is the #MeToo movement is real, and we’re trying to do everything we can to avoid having a trial when there will be a swirl of adverse publicity toward him,” Werksman said at a pretrial hearing.

    Weinstein’s trial is one of several with #MeToo connections that have begun or are about to begin as the fifth anniversary of the movement’s biggest moment passes, including the rape trial of “That ‘70s Show” actor Danny Masterson just down the hall from Weinstein’s and the New York sexual assault civil trial of Kevin Spacey.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

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  • Blast on Russia bridge to Crimea threatens Moscow supply route

    Blast on Russia bridge to Crimea threatens Moscow supply route

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    KYIV — The Kerch bridge in Crimea was partially destroyed by an explosion Saturday morning, in a strategic and symbolic blow to Russian President Vladimir Putin and his campaign against Ukraine.

    The damage to the bridge, which comes as Ukrainian advances continue to reclaim occupied territories from Moscow’s forces, endangers a crucial route for Russian military supplies to support its forces in southern Ukraine.

    Two spans of the road portion of the bridge collapsed as a result of “an accident,” according to Sergei Aksyonov, the Russia-installed head of the Crimea administration. “Fuel tanks have also caught fire,” Aksyonov said in a post on social media. 

    Russia’s National Anti-Terrorist Committee said that a truck was blown up on the bridge, according to Russian media. As a result of the blast, “a partial collapse” of two spans occurred, it said. Russia’s Investigative Committee said three people were killed in the explosion, according to media reports.

    According to videos and photos posted Saturday morning by eyewitnesses, several fuel tankers were on fire on the rail part of the bridge, while at least one road span had partially collapsed into the waters of the Kerch Strait, which connects the Black Sea and the Sea of Azov. 

    “As soon as the fire is extinguished, it will be possible to assess damage to the bridge and pillars, and it will be possible to talk about the timing of the restoration of traffic,” Aksyonov said. 

    The head of the Russian-installed regional parliament in Crimea, Vladimir Konstantinov, blamed the damage to the bridge on “Ukrainian vandals,” according to Russian media.

    Kyiv hasn’t claim responsibility for the damage to the bridge, but Ukrainian officials celebrated the blast on social media. Referring to a flagship Russian vessel sunk by Kyiv earlier this year, Ukraine’s Ministry of Defense tweeted: “The guided missile cruiser Moskva and the Kerch Bridge – two notorious symbols of Russian power in Ukrainian Crimea – have gone down. What’s next in line, russkies?”

    The Kerch bridge, which connects Crimea with the Russian mainland, was opened personally by Putin with much fanfare in 2018, after Moscow seized the peninsula from Ukraine in 2014. The construction of the bridge was slammed by both Kyiv and its Western backers as illegal at the time. 

    Since the start of the Kremlin’s war on Ukraine in late February, the bridge has been crucially important for the transfer of manpower, weapons and fuel to Russian units fighting Ukrainian troops in southern Ukraine. 

    Putin on Saturday ordered a government commission to investigate “the emergency on the Crimean bridge” and officials have been dispatched to the scene, Russian media reported, citing Kremlin spokesman Dmitry Peskov.

    According to Aksyonov, ferry service will start operating on Saturday in place of the damaged bridge.

    Over the past months, Ukrainian officials have repeatedly declared Kyiv’s plans to target the Crimea bridge. In April, Oleksiy Danilov, secretary of the National Security and Defense Council, said in a radio interview that the bridge will “definitely” be hit, if Kyiv gets an opportunity. Kremlin spokesman Dmitry Peskov branded Danilov’s statement as “announcing a possible terrorist attack.” 

    After the partial collapse of the Kerch bridge Saturday morning, Mykhailo Podolyak, an adviser to Ukrainian President Volodymyr Zelenskyy’s office, said in a tweet that “everything illegal must be destroyed, everything stolen must be returned to Ukraine, everything occupied by Russia must be expelled.”

    Zelenskyy, in an address Friday night, said Ukraine has taken back more than 2,400 square kilometers of its territory occupied by Russia. “This week alone, our soldiers liberated 776 square kilometers of territory in the east of our country and 29 settlements,” Zelenskyy said.

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    Sergei Kuznetsov

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  • To buy Twitter, Musk has to keep banks, investors on board

    To buy Twitter, Musk has to keep banks, investors on board

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    If the squabbling ever stops over Elon Musk’s renewed bid to buy Twitter, experts say he still faces a huge obstacle to closing the $44 billion deal: Keeping his financing in place.

    Earlier this week, Musk reversed course and said he’d go through with acquiring the social media company under the same terms he agreed to in April. But after months of tweetstorms and legal barbs, there are scars and suspicions on both sides.

    Experts say that behind the scenes, banks could be scrambling to find buyers for $12.5 billion in debt from the deal, and Musk is trying to hold together a group of equity investors that is pitching in billions more. The erratic billionaire is on the hook for the rest.

    The fighting continued Thursday, when Musk’s attorneys said Twitter is refusing to accept his revived bid to buy the company. They sought to delay an upcoming trial on Twitter’s lawsuit that could force him to complete the deal.

    But Twitter’s attorneys said it’s Musk who is holding everything up, and his effort to put the trial on hold “is an invitation to further mischief and delay.”

    In the end, a judge agreed to give Musk more time to close the deal but said the trial will go ahead in November if he doesn’t.

    It’s still possible the sale could close. But with so much at play, here’s what could throw the deal off track, again:

    BANK FINANCING

    A group of banks, including Morgan Stanley and Bank of America, signed on to loan $12.5 billion of the money Musk needs for the deal. In Thursday’s court motion, Musk alleges that Twitter doesn’t want to set the lawsuit aside because of a “baseless” fear that Musk could fail to get the bank financing.

    “No such failure has occurred to date,” the motion said. “Counsel for the debt financing parties has advised that each of their clients is prepared to honor its obligations.”

    The banks are “essentially cemented” to the deal by solid contracts, Wedbush analyst Dan Ives said. But the debt market has changed dramatically since April. The stock market has tumbled, inflation is high, and interest rates are up as the Federal Reserve tries to slow the economy.

    Banks would sell the debt to institutional investors, but there’s not much appetite now to take part in takeovers that saddle companies with big debts. Banks could be on the hook to make loans themselves.

    “The banks would be really happy to not to have to take the risk of funding these loans,” said Erik Gordon, a law and business professor at the University of Michigan. “The agreements seem to be very strong, but I think the banks have their lawyers pulling all-nighters trying to get them out of it if they can.”

    EQUITY INVESTORS

    Investors who would get equity in Twitter are supposed to kick in billions. Ives estimates they had agreed to $15 billion to $16 billion. But some investors may be skittish about staying in given the market changes and Musk’s repeated accusations against Twitter about the number of bots on the platform.

    Qatar’s sovereign wealth fund declined comment this week on the $375 million its subsidiary pledged in May. Several other investors didn’t respond to requests for comment on whether they were still chipping in.

    Musk’s equity commitments — including $1 billion from Musk’s friend and Oracle co-founder Larry Ellison — are on shakier ground if any in that diverse group of backers have changed their minds, said Kevin Kaiser, an adjunct finance professor at the University of Pennsylvania’s Wharton School.

    “Nobody knows — I don’t know anyway — what their commitment is,” Kaiser said. “So are they able to back out? Because if they’re able to back out, he is on the hook.”

    MUSK MONEY

    Musk, the world’s richest person with a net worth of $231 billion according to Forbes, has to kick in his own money, but just how much depends on how many equity investors stay in.

    Most of his wealth is tied up in stock of the electric car company that he runs, Tesla Inc. Since April, he has sold more than $15 billion worth of Tesla stock, presumably to pay his share.

    If any equity investors drop out, though, Musk will either have to replace them or throw in more money, fueling speculation that he might have to sell more Tesla shares. Musk’s share of the original deal was about $15.5 billion, Ives estimated.

    THE GUARANTEE

    It’s clear that Twitter’s board is very suspect of Musk because he has trashed the company for months now, alleging that it has far fewer daily users than it reports to investors, said Gordon.

    That has diminished Twitter’s value and made investing in the deal less attractive, he says. And because Musk already tried to back out of the deal once, Twitter will want a guarantee of some sort that he won’t back out again.

    That, Ives said, is likely to be a large chunk of money held in a non-refundable escrow account that would go to Twitter if Musk doesn’t deliver.

    SIGNS OF PROGRESS

    There are some signs that the deal will yet go through. Twitter says it looks forward to closing the deal by Oct. 28. Musk’s deposition in the lawsuit, scheduled for Thursday in Austin, Texas, was postponed. Musk’s motion says the bankers are still in. And the original group of investors is not talking publicly about bailing out.

    ———

    Krisher reported from Detroit, O’Brien from Providence, Rhode Island.

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  • Twitter under Musk? Most of the plans are a mystery

    Twitter under Musk? Most of the plans are a mystery

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    SAN FRANCISCO (AP) — A super app called X? A bot-free free speech haven? These are some of Elon Musk’s mysterious plans for Twitter, now that he may be buying the company after all.

    After months of squabbling over the fate of their bombshell $44 billion deal, the billionaire and the bird app are essentially back to square one — if a bit worse for wear as trust and goodwill has seemed to erode on both sides.

    Musk, the CEO of Tesla Motors and SpaceX and Twitter’s most high-profile user since former President Donald Trump was booted from it, has shared few concrete details about his plans for the social media platform. While he’s touted free speech and derided spam bots since agreeing to buy the company in April, what he actually wants to do about either is shrouded in mystery.

    He could own one of the world’s most powerful communications platforms with 237 million daily users in a matter of weeks, though the deal is not final. The lack of clear plans for the platform are raising concern among Twitter’s constituencies, ranging from users in conflict regions where it offers an information lifeline to the company’s own employees.

    “Both users and advertisers are — understandably — anxious about whether the move will fundamentally change the culture of the platform,” said Brooke Erin Duffy, a professor at Cornell University who studies social media. “And so, Musk will need to decide whether he wants to quash their concerns by retaining core features (the content moderation system, for instance) and keeping the company public — or whether he will undertake a full-scale overhaul.”

    Muddling things further, on Tuesday Musk tweeted that “Buying Twitter is an accelerant to creating X, the everything app,” without further explanation.

    Although Musk’s tweets and statements have been cryptic, technology analysts have speculated that Musk wants to re-create a version of China’s WeChat app that can do video chats, messaging, streaming, scan bar codes and make payments.

    He gave a little more detail during Tesla’s annual shareholder meeting in August, telling the crowd at a factory near Austin, Texas, that he uses Twitter frequently and knows the product well. “I think I’ve got a good sense of where to point the engineering team with Twitter to make it radically better,” he said.

    Handling payments for goods could be a key part of the app. Musk said he has a “grander vision” for what X.com, an online bank he started early in his career that eventually became part of PayPal, could have been.

    “Obviously that could be started from scratch, but I think Twitter would help accelerate that by three-to-five years,” Musk said at the August meeting. “So it’s kind of something that I thought would be quite useful for a long time. I know what to do.”

    For now, Twitter has immediate and pressing problems Musk will need to deal with if he takes ownership of the company. Its social media rivals are struggling with declining stock prices and some, like Snap, even announced layoffs. Government regulation and attracting younger users away from TikTok are also challenges. And Musk’s vision of a free speech haven has social media and content moderation experts, as well as digital and human rights advocates, concerned.

    “When this all started in the spring, we had indicators and a strong sense of what Musk might do with the platform,” said Angelo Carusone of Media Matters, a watchdog group that opposes the takeover. “Because of the lawsuit, we know who he’s been talking to, what he’s been saying and the types of far-right ideological decision makers he wants to put in place. To put it bluntly, the worst fears have been confirmed.”

    Twitter employees, under former CEO Jack Dorsey and his predecessors, have spent years working to tame the platform once called the “free-speech wing of the free-speech party” where hate and harassment abound into something where all are welcome and safe. While it’s far from perfect, critics worry Musk’s ownership will mean turning back the clock on years of this work.

    “Musk made it clear that he would roll back Twitter’s community standards and safety guidelines, reinstate Donald Trump along with scores of other accounts suspended for violence and abuse, and open the floodgates of disinformation,” Carusone said.

    The company, for instance, was an early adopter of the “report abuse” button in 2013, after U.K. member of parliament Stella Creasy received a barrage of rape and death threats on the platform, echoing the experiences of other women over the years.

    In subsequent years, Twitter continued to craft rules and invest in staff and technology to detect violent threats, harassment and misinformation that violates its policies. After evidence emerged that Russia used their platforms to try to interfere with the 2016 U.S. presidential election, social media companies also stepped up their efforts against political misinformation.

    The big question now is how far Musk, who describes himself as a “free-speech absolutist,” wants to ratchet back these systems — and whether users and advertisers will stick around if he does.

    Aiming to tamp down such worries, Musk said in May he wants Twitter to be “as broadly inclusive as possible ” where ideally, most of America is on it and talking — a far cry from the far-right playground his critics are warning against.

    And while Musk has hinted he’d consider reinstating Trump’s account, it’s not clear the former president, who has since launched his own social media platform, would return.

    Then there’s the matter of Twitter’s employees, who’ve been living with uncertainty, high- (and low-) profile departures and a potential owner who’s publicly derided them on their own platform. Musk has also targeted Twitter’s work-from home policy, having once called for the company’s headquarters to be turned into a “homeless shelter” because, he said, so few employees actually worked there.

    As a hyper-frequent Twitter user with over 100 million followers, Musk does know how to use the platform. During an all-hands staff meeting Musk attended in June, he said his goal was to make it “so compelling that you can’t live without it.” If he’s able to realize this, it could finally put Twitter in the big leagues of social media, with TikTok and Meta’s Facebook and Instagram, where users are counted in the billions, not mere millions.

    Of course, Musk is also well known for predictions that are delayed or may not come true, such as colonizing Mars or deploying a fleet of autonomous robotaxis.

    “This is not a car manufacturer where, good enough, all you have to do is beat General Motors. Sorry, that isn’t really that hard,” said David Kirsch, a professor of strategy and entrepreneurship at the University of Maryland who’s studied Twitter bots’ effect on Tesla’s stock price. “You are dealing here with all of these other companies (that) also have very sophisticated AI programs, very sophisticated PhD programmers…everyone is trying to crack this nut.”

    Krisher reported from Detroit.

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  • EXPLAINER: Musk Twitter turnaround reflects legal challenges

    EXPLAINER: Musk Twitter turnaround reflects legal challenges

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    WASHINGTON (AP) — Elon Musk’s sudden about face on a $44 billion agreement to acquire Twitter, reversing an earlier attempt to rescind that offer, came as a surprise even from the mercurial billionaire who loves to shock.

    It sent shares of the social media platform soaring Tuesday and stoked alarm among some media watchdogs and civil rights groups about what kind of free speech will flourish on Twitter under Musk.

    Yet the legal challenges faced by Musk in the three months since he announced that he intended to back out of the deal continued to mount, increasingly closing off avenues of escape for the Tesla CEO.

    Gambles, missteps, and potential reprieves that failed to pan out, weakened an already dicey case for withdrawal. And then there is the potentially embarrassing deposition scheduled for Thursday and what most considered a long-shot chance for reprieve before a Chancery Court in Delaware in less than two weeks.

    Musk said he’ll only agree to continue willingly with the acquisition if that trial is put on hold.

    Here’s a look at how the legal battle unfolded:

    What was Musk’s main argument for backing out of buying Twitter?

    Musk grounded his argument largely on the allegation that Twitter vastly misrepresented how it measures the magnitude of “spam bot” accounts, a discrepancy that could diminish the money advertisers are willing to pay to appear on the platform.

    But he faced a difficult challenge in making that case to Chancellor Kathaleen St. Jude McCormick, the court’s head judge. The judge was widely expected to focus narrowly in line with the court’s mandate: on the merger agreement between Musk and Twitter, and whether anything had changed since it was signed in April that would justify terminating the deal. She also made clear she wanted to proceed with the case swiftly, and several times denied Musk’s attempts to delay it and keep bringing in new evidence.

    A former Twitter head of security, fired early this year and turned whistleblower, appeared to bolster Musk’s argument. Peiter “Mudge” Zatko, a respected cybersecurity expert, filed complaints in July with federal regulators and the Justice Department alleging that Twitter misled regulators about its efforts to control millions of spam accounts as well as its cyber defenses.

    Yet any hope that Musk’s case would be bolstered by Zatko’s disclosures was a “longshot,” said Brian Quinn, a professor at Boston College Law School, and in the end, “it didn’t really change the (legal) landscape in any significant way.”

    Did Musk’s approach to buying Twitter hurt or help his case?

    “He was fairly cavalier,” Quinn said. Recently released text messages between Musk and others appear jubilant over Musk’s large stake in Twitter and the potential for taking a board seat. It wasn’t until after Musk signed the merger agreement in late April that he undertook what’s called due diligence, or a close inspection, of the company’s health. It is only then that he started lodging complaints about bots, Quinn said. That may not have impressed the judge as the right approach for someone buying a major company.

    Why did Musk change his mind now?

    In addition to the trial and Thursday deposition, the cost of borrowing money is ticking steadily higher as the Federal Reserve and central banks worldwide attempt to constrain soaring inflation. If Musk lost at trial, the judge could not only force him to close the deal but also impose interest payments that would make Twitter even more expensive for Musk than the current $44 billion price tag. Experts say the interest costs likely started piling up mid-September.

    But of course the deal isn’t done yet, and there are legal hoops yet to be jumped through. Given Musk’s track record and volatility, it would be a mistake to assume that it’s tied up in a bow.

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  • Experts: Russia finding new ways to spread propaganda videos

    Experts: Russia finding new ways to spread propaganda videos

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    Russia has devised yet another way to spread disinformation about its invasion of Ukraine, using digital tricks that allow its war propaganda videos to evade restrictions imposed by governments and tech companies.

    Accounts linked to Russian state-controlled media have used the new method to spread dozens of videos in 18 different languages, all without leaving telltale signs that would give away the source, researchers at Nisos, a U.S.-based intelligence firm that tracks disinformation and other cyber threats, said in a report released Wednesday.

    The videos push Kremlin conspiracy theories blaming Ukraine for civilian casualties as well as claims that residents of areas forcibly annexed by Russia have welcomed their occupiers.

    English-language versions of the Russian propaganda videos are now circulating on Twitter and lesser-known platforms popular with American conservatives, including Gab and Truth Social, created by former President Donald Trump, giving Russia a direct conduit to millions of people.

    In an indication of the Kremlin’s ambitions and the sprawling reach of its disinformation operations, versions of the videos were also created in Spanish, Italian, German and more than a dozen other languages.

    “The genius of this approach is that the videos can be downloaded directly from Telegram and it erases the trail that researchers try to follow,” Nisos’ senior intelligence analyst Patricia Bailey told The Associated Press. “They are creative and adaptable. And they are analyzing their audience.”

    The European Union moved to ban RT and Sputnik, two of Russia’s leading state-run media outlets, after Russia’s invasion of Ukraine in late February. Tech companies such as Google’s YouTube and Meta’s Facebook and Instagram also announced they would ban content from the outlets within the 27-nation EU, undermining Russia’s ability to spread its propaganda.

    Russian attempts to get around the new rules began almost immediately. New websites were created to host videos that make debunked claims about the war. Russian diplomats took on some of the work.

    The latest effort revealed by analysts at Nisos involved uploading propaganda videos to Telegram, a loosely moderated platform that is broadly popular in Eastern Europe and used by many conservatives in the United States. In some cases, watermarks identifying the video as RT’s were removed in a further attempt to disguise their source.

    Once on Telegram, the videos were downloaded and reposted on platforms including Twitter without any labels or other indications that the video was produced by Russian state media. Hundreds of accounts that later posted or reposted the videos were linked by Nisos researchers to the Russian military, embassies or state media.

    Some of the accounts appeared to use fake profile photos or posted content in strange ways that suggested they were inauthentic.

    One example: a Twitter account supposedly run by a woman living in Japan that had a singular interest in Russian propaganda. Instead of posting about a variety of topics such as entertainment, food, travel or family, the account user only posted Russian propaganda videos — and not just in Japanese, but also in Farsi, Polish, Spanish and Russian.

    The account also cited or reposted content from Russian embassies hundreds of times, researchers found, showing again the close relationship between Russian diplomats and the country’s propaganda work.

    When it comes to Russia’s overall disinformation capabilities, Bailey said, the network is “just one piece of a puzzle that is quite large.”

    Twitter labels content that it can identify as coming from Russian state media. Since late February, the company says it’s added labels to more than 900,000 different Tweets that contained links to Russian state outlets like RT. In addition, the platform does not artificially promote content from state media accounts.

    “We use labels to make it clear on Twitter when an account is operated by a state actor, such as a state-backed media outlet, and we will not recommend or amplify Tweets from these types of accounts,” a company spokesperson told The AP.

    More examples of Russian disinformation campaigns have emerged as the war has dragged on.

    Last week, Russia sought to spread a baseless conspiracy theory blaming the U.S. for sabotage to the Nord Stream natural gas pipelines in the Baltic Sea.

    The same week, Meta announced the discovery of a sprawling Russian disinformation network that created websites designed to look like major European news outlets. Instead of news, the websites carried propaganda intended to drive a wedge between Ukraine and its western allies.

    That operation was the largest of its kind to originate in Russia since the war began, researchers concluded.

    “The network exhibited an overarching pattern of targeting Europe with anti-Ukraine narratives and expressions of support for Russian interests,” according to a report from the Atlantic Council’s Digital Forensic Research Lab, which helped identify the network disabled by Meta.

    ___

    Follow AP’s coverage of the war in Ukraine at https://apnews.com/hub/russia-ukraine

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  • Judge delays Twitter trial, gives Musk time to seal buyout

    Judge delays Twitter trial, gives Musk time to seal buyout

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    NEW YORK — A judge has delayed a looming trial between Twitter and Elon Musk, giving the Tesla CEO more time to close his $44 billion deal to buy the company after months spent fighting to get out of it.

    Musk had asked to halt the upcoming Delaware court trial, where the Tesla billionaire was expected to fare poorly against Twitter’s lawsuit to force him to complete his April merger agreement. Musk revived the takeover offer on Monday but said he needed time to get the financing in order.

    Chancellor Kathaleen St. Jude McCormick, head of the Delaware Chancery Court, said Thursday that Musk and Twitter now have until Oct. 28 to close the deal. A trial originally set for Oct. 17 will happen in November if they don’t, she said.

    Twitter had asked McCormick earlier Thursday to proceed with the trial, saying the billionaire refuses to accept the “contractual obligations” of his April agreement to buy the social media company and take it private.

    Twitter disputed Musk’s claim that the San Francisco-based company is refusing to accept his renewed bid. Musk told Twitter earlier this week he’s ready to buy the company once again after trying to back out of the deal over the summer, accusing it of refusing to give him information about “spam bot” accounts on the service.

    Twitter described Musk’s move to delay the trial as “an invitation to further mischief and delay” after his arguments for terminating the agreement haven’t had merit.

    But after the judge’s ruling, Twitter reiterated in a statement that it was ready to close the deal on the share price agreed upon in April: “We look forward to closing the transaction at $54.20 by October 28th,” referring to the price Musk originally offered for each Twitter share.

    Brooklyn Law School professor Andrew Jennings said Twitter wants to be certain that the deal will get done and not allow “wiggle room for Musk to walk away again.”

    Musk attorneys argued that Twitter was disagreeing with the trial delay “based on the theoretical possibility” of Musk not coming up with the financing, which they called “baseless speculation.”

    They said Musk’s financial backers “have indicated that they are prepared to honor their commitments” and are working to close the deal by Oct. 28.

    Musk attorney Alex Spiro said in a statement Thursday that “Twitter offered Mr. Musk billions off the transaction price” but Musk “refused because Twitter attempted to put certain self-serving conditions on the deal.” He didn’t elaborate on what those conditions were. Twitter hasn’t described the talks beyond what its attorneys have said in court.

    Twitter’s shares fell $1.91, or 3.7%, to close at $49.39 on Thursday. It was the stock’s second day of declines following a surge of more than 22% on Tuesday after Musk made his renewed offer to buy the company.

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  • Federal judge halts key parts of New York’s new gun law

    Federal judge halts key parts of New York’s new gun law

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    ALBANY, N.Y. (AP) — New York’s latest attempt to restrict who can carry a handgun in public and where firearms can be brought was picked apart Thursday by a federal judge, who ruled that multiple provisions in a state law passed this year are unconstitutional.

    In a ruling that doesn’t take effect immediately, U.S. District Judge Glenn Suddaby struck down key elements of the state’s hurried attempt to rewrite its handgun laws after the old ones were struck down by the U.S. Supreme Court in June.

    The state can’t ban people from carrying guns in New York City’s subway system or Times Square, the judge ruled, though he said it did have a right to exclude guns from certain other locations, including schools.

    Several of the state’s new licensing rules went too far, he wrote, including one that required applicants to be of “good moral character,” and another that made applicants turn over information about their social media accounts.

    The end result was a licensing scheme that prohibited people from carrying a handgun for self-defense unless the applicant could persuade licensing officials that they wouldn’t use it to hurt themselves or others, the judge wrote.

    “Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction. And, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self defense … into a mere request,” wrote Suddaby, who sits in Syracuse.

    Suddaby, an appointee of former President George W. Bush, put his decision on hold for three days to allow the state to challenge it in a higher court.

    New York Attorney General Letitia James’s office filed an appeal later Thursday.

    “Today’s decision comes in the wake of mass shootings and rampant gun violence hurting communities here in New York and across the country. While the decision preserves portions of the law, we believe the entire law must be preserved as enacted,” said James, a Democrat.

    Legislators rewrote the state’s handgun laws this summer after a Supreme Court ruling invalidated New York’s old system for granting permits to carry handguns outside the home. The high court struck down the state’s longstanding requirement that people demonstrate an unusual threat to their safety to qualify for such a license.

    The new law, which went into effect Sept. 1, broadly expanded who could get a handgun license, but it increased training requirements for applicants and required them to turn over more private information, including a list of everyone living in their home. The state also created a long list of places where firearms would be banned.

    Suddaby’s ruling upheld the state’s right to exclude guns from certain “sensitive locations,” but only in instances where there were “historical analogues” for such rules, meaning guns have been banned from such places in the past.

    Rules prohibiting most people from carrying guns into schools, government buildings, polling places and places of worship were OK, the judge wrote. But the state couldn’t put new bans on people from carrying handguns on public transportation systems, in summer camps or places where alcohol is consumed.

    Suddaby also dealt a blow to a provision prohibiting people from bringing guns onto someone else’s property unless the owners give permission — by posting a sign in a shop window, for instance.

    Gov. Kathy Hochul, also a Democrat, defended the state’s laws as “common-sense restrictions.”

    “While this decision leaves aspects of the law in place, it is deeply disappointing that the Judge wants to limit my ability to keep New Yorkers safe and to prevent more senseless gun violence,” Hochul said.

    There have been several federal challenges to the new law from gun rights advocates who argue the legislation violates the Second Amendment and free speech rights.

    This lawsuit was bought by six gun owners from upstate New York who claim the law infringes on their constitutional rights. Most of the plaintiffs have licenses to carry and argue the law keeps them from holding a weapon in designated sensitive places like state parks or church.

    One plaintiff intends to apply for a carry permit but is unwilling to share social media posts or character references with investigators, according to the federal complaint.

    Suddaby telegraphed his ruling five weeks ago when he threw out a previous challenge to the law on technical grounds. The plaintiff in that case then teamed up with five other gun owners and sued again, expanding the list of defendants to include state district attorneys and sheriffs who were charged with enforcing the law.

    New York is among a half-dozen states that had provisions of their gun laws invalidated by the Supreme Court.

    ___

    Associated Press writers Michael R. Sisak and David B. Caruso contributed from New York City.

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  • Boosted by Judge, Yankees’ YES Network viewers increase 27%

    Boosted by Judge, Yankees’ YES Network viewers increase 27%

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    Boosted by Aaron Judge’s pursuit of Roger Maris’ American League home run record, Yankees games on the team’s YES Network averaged 368,000 viewers in the New York market this year, up 27% from 2021 and the most in 11 seasons

    NEW YORK — Boosted by Aaron Judge’s pursuit of Roger Maris’ American League home run record, Yankees games on the team’s YES Network averaged 368,000 viewers in the New York market this year, up 27% from 2021 and the most in 11 seasons.

    The network said Thursday the figure was for 126 telecasts. YES’s 2021 average was 290,000 for 128 telecasts.

    YES averaged 412,000 in 2011.

    ———

    More AP MLB: https://apnews.com/hub/MLB and https://twitter.com/AP—Sports

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  • Judge delays Twitter trial, gives Musk time to seal buyout

    Judge delays Twitter trial, gives Musk time to seal buyout

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    NEW YORK — A judge has delayed a looming trial between Twitter and Elon Musk, giving Musk more time to close his $44 billion deal to buy the company after months spent fighting to get out of it.

    Chancellor Kathaleen St. Jude McCormick, head of the Delaware Chancery Court, said Thursday that Musk has until Oct. 28 to close the deal. A trial set for Oct. 17 will happen in November if he doesn’t, she said.

    THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

    Twitter is asking a Delaware court to proceed with an upcoming trial against Elon Musk, saying the billionaire refuses to accept the “contractual obligations” of his April agreement to buy the social media company for $44 billion.

    Twitter attorneys sent a letter Thursday to the Delaware Chancery Court’s head judge, not long after Musk’s legal team asked her to call off the trial while he works on a renewed bid to buy the company.

    Twitter disputed Musk’s claim that the San Francisco-based company is refusing to accept the new bid, which Musk told the company about earlier this week after trying to terminate the deal over the summer.

    The company has been seeking a court order to force the completion of the merger and said it intends to close the deal at the agreed-upon price, but described Musk’s move to delay the trial as “an invitation to further mischief and delay.”

    Twitter said Musk should be aiming to close the deal by Monday, ahead of a trial set to begin a week later on Oct. 17.

    “But they aren’t. Instead they refuse to commit to any closing date,” said the letter from Twitter lawyer Kevin Shannon. “They ask for an open-ended out, at the expense of Twitter’s stockholders (who are owed $44 billion plus interest), all the while remaining free to change their minds again or to invent new grounds to avoid the contract.”

    Brooklyn Law School professor Andrew Jennings said Twitter wants to be certain that the deal will get done and not allow “wiggle room for Musk to walk away again.”

    Twitter apparently hasn’t got the certainty it wants.

    “Otherwise, we would’ve seen a joint filing to the court on how the two sides want to proceed,” Jennings said. “As of right now, the trial train keeps rolling until both parties or the court apply the brakes.”

    Musk’s attorneys said earlier Thursday that the trial should be adjourned to leave more time for Musk to secure the financing.

    “Twitter will not take yes for an answer,” said the court filing signed by Musk attorney Edward Micheletti. “Astonishingly, they have insisted on proceeding with this litigation, recklessly putting the deal at risk and gambling with their stockholders’ interests.”

    Eric Talley, a Columbia University law professor, tweeted Thursday that Twitter “is absolutely right not to take ‘yes’ for an answer, and everyone knows why. (They tried that in April and it didn’t go so well).” He added that Twitter would, however, take a “certified bank transfer” from Musk.

    Musk attorneys argue that Twitter is disagreeing with the trial delay “based on the theoretical possibility” of Musk not coming up with the financing, which they call “baseless speculation.”

    They said Musk’s financial backers “have indicated that they are prepared to honor their commitments” and are working to close the deal by Oct. 28, roughly a week after the trial was set to conclude.

    Twitter’s shares fell $1.91, or 3.7%, to close at $49.39 on Thursday. It was the stock’s second day of declines following a surge of more than 22% on Tuesday after Musk made his renewed offer to buy the company.

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  • Judge delays trial between Twitter and Elon Musk, giving Musk more time to close $44B deal to buy company

    Judge delays trial between Twitter and Elon Musk, giving Musk more time to close $44B deal to buy company

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    Judge delays trial between Twitter and Elon Musk, giving Musk more time to close $44B deal to buy company

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  • Twitter tells Delaware court it opposes Elon Musk’s attempt to halt trial

    Twitter tells Delaware court it opposes Elon Musk’s attempt to halt trial

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    Twitter tells Delaware court it opposes Elon Musk’s attempt to halt trial

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  • Musk lawyers say Twitter won’t accept renewed $44 billion bid for the company, ask Delaware court to halt upcoming trial

    Musk lawyers say Twitter won’t accept renewed $44 billion bid for the company, ask Delaware court to halt upcoming trial

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    Musk lawyers say Twitter won’t accept renewed $44 billion bid for the company, ask Delaware court to halt upcoming trial

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