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  • Today in History: October 31, Indira Gandhi assassinated

    Today in History: October 31, Indira Gandhi assassinated

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    Today in History

    Today is Monday, Oct. 31, the 304th day of 2022. There are 61 days left in the year. This is Halloween.

    Today’s Highlight in History:

    On Oct. 31, 1984, Indian Prime Minister Indira Gandhi was assassinated by two Sikh (sihk) security guards.

    On this date:

    In 1864, Nevada became the 36th state as President Abraham Lincoln signed a proclamation.

    In 1941, work was completed on the Mount Rushmore National Memorial in South Dakota, begun in 1927.

    In 1961, the body of Josef Stalin was removed from Lenin’s Tomb as part of the Soviet Union’s “de-Stalinization” drive.

    In 1964, Theodore C. Freeman, 34, became the first member of NASA’s astronaut corps to die when his T-38 jet crashed while approaching Ellington Air Force Base in Houston.

    In 1967, Nguyen Van Thieu (nwen van too) took the oath of office as the first president of South Vietnam’s second republic.

    In 1968, President Lyndon B. Johnson ordered a halt to all U.S. bombing of North Vietnam, saying he hoped for fruitful peace negotiations.

    In 1992, Pope John Paul II formally proclaimed that the Roman Catholic Church had erred in condemning the astronomer Galileo for holding that the Earth was not the center of the universe.

    In 1999, EgyptAir Flight 990, bound from New York to Cairo, crashed off the Massachusetts coast, killing all 217 people aboard.

    In 2005, President George W. Bush nominated Judge Samuel Alito (ah-LEE’-toh) to the Supreme Court. Civil rights icon Rosa Parks was honored during a memorial service in Washington, D.C.

    In 2015, a Russian passenger airliner crashed in a remote part of Egypt’s Sinai Peninsula 23 minutes after taking off from a popular Red Sea resort, killing all 224 people on board.

    In 2019, President Donald Trump announced that he would be making Palm Beach, Florida, his permanent residence after leaving the White House rather than returning to Trump Tower in New York.

    In 2020, actor Sean Connery, who rose to international stardom as the suave secret agent James Bond and then carved out an Oscar-winning career in other rugged roles, died at his home in the Bahamas at the age of 90.

    Ten years ago: President Barack Obama joined New Jersey Gov. Chris Christie for a tour of damage along the Jersey coast from Superstorm Sandy; Wall Street was back in business after a two-day shutdown caused by the storm. (Stocks finished mixed).

    Five years ago: Eight people were killed when a man drove a truck along a bike path in New York City in an attack that authorities immediately labeled terrorism; the driver, identified by authorities as Uzbek immigrant Sayfullo Saipov, was shot and wounded by police. Netflix said it was suspending production on “House of Cards” following sexual harassment allegations against its star, Kevin Spacey. (Spacey would later be fired from the show, and production resumed without him.)

    One year ago: Southwest Airlines said it was investigating after a pilot greeted passengers over the plane’s public address system using a phrase that had become a stand-in for insulting President Joe Biden. White House press secretary Jen Psaki said she had contracted COVID-19 and was experiencing mild symptoms. American Airlines canceled hundreds of flights for a third straight day as it struggled with staffing shortages.

    Today’s Birthdays: Actor Lee Grant is 97. Former CBS anchorman Dan Rather is 91. Folk singer Tom Paxton is 85. Actor Ron Rifkin is 84. Actor Sally Kirkland is 81. Actor Brian Doyle-Murray is 77. Actor Stephen Rea is 76. Olympic gold medal long-distance runner Frank Shorter is 75. Actor Deidre Hall is 75. TV show host Jane Pauley is 72. Actor Brian Stokes Mitchell is 65. Movie director Peter Jackson is 61. Rock musician Larry Mullen is 61. Actor Dermot Mulroney is 59. Rock musician Mikkey Dee is 59. Rock singer-musician Johnny Marr is 59. Actor Rob Schneider is 59. Country singer Darryl Worley is 58. Actor-comedian Mike O’Malley is 57. Rap musician Adrock is 56. Rap performer Vanilla Ice (aka Rob Van Winkle) is 55. Rock musician Rogers Stevens (Blind Melon) is 53. Rock singer Linn Berggren (Ace of Base) is 52. Reality TV host Troy Hartman is 51. Gospel singer Smokie Norful is 49. Actor Piper Perabo (PEER’-uh-boh) is 46. Actor Brian Hallisay is 44. Actor Samaire (SAH’-mee-rah) Armstrong is 42. Actor Eddie Kaye Thomas is 42. Rock musician Frank Iero (My Chemical Romance) is 41. Actor Justin Chatwin is 40. Actor Scott Clifton is 38. Actor Vanessa Marano is 30. Actor Holly Taylor is 25. Actor Danielle Rose Russell is 23. Actor-singer Willow Smith is 22.

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  • Lula defeats Bolsonaro to again become Brazil’s president

    Lula defeats Bolsonaro to again become Brazil’s president

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    SAO PAULO — Luiz Inácio Lula da Silva has done it again: Twenty years after first winning the Brazilian presidency, the leftist defeated incumbent Jair Bolsonaro Sunday in an extremely tight election that marks an about-face for the country after four years of far-right politics.

    With more than 99% of the votes tallied in the runoff vote, da Silva had 50.9% and Bolsonaro 49.1%, and the election authority said da Silva’s victory was a mathematical certainty.

    It is a stunning reversal for da Silva, 77, whose 2018 imprisonment over a corruption scandal sidelined him from the 2018 election that brought Bolsonaro, a defender of conservative social values, to power.

    Da Silva is promising to govern beyond his leftist Workers’s Party. He wants to bring in centrists and even some leaning to the right who voted for him for the first time, and to restore the country’s more prosperous past. Yet he faces headwinds in a politically polarized society where economic growth is slowing and inflation is soaring.

    His victory marks the first time since Brazil’s 1985 return to democracy that the sitting president has failed to win reelection. The highly polarized election in Latin America’s biggest economy extended a wave of recent leftist victories in the region, including Chile, Colombia and Argentina.

    Da Silva’s inauguration is scheduled to take place on Jan. 1. He last served as president from 2003-2010.

    It was the country’s closest election in over three decades. Just over 2 million votes separated the two candidates with 99.5% of the vote counted. The previous closest race, in 2014, was decided by a margin of 3.46 million votes.

    Thomas Traumann, an independent political analyst, compared the results to U.S. President Joe Biden’s 2020 victory, saying da Silva is inheriting an extremely divided nation.

    “The huge challenge that Lula has will be to pacify the country,” he said. “People are not only polarized on political matters, but also have different values, identity and opinions. What’s more, they don’t care what the other side’s values, identities and opinions are.”

    Bolsonaro had been leading throughout the first half of the count and, as soon as da Silva overtook him, cars in the streets of downtown Sao Paulo began honking their horns. People in the streets of Rio de Janeiro’s Ipanema neighborhood could be heard shouting, “It turned!”

    Da Silva’s headquarters in downtown Sao Paulo hotel only erupted once the final result was announced, underscoring the tension that was a hallmark of this race.

    “Four years waiting for this,” said Gabriela Souto, one of the few supporters allowed in due to heavy security.

    Outside Bolsonaro’s home in Rio de Janeiro, ground-zero for his support base, a woman atop a truck delivered a prayer over a speaker, then sang excitedly, trying to generate some energy. But supporters decked out in the green and yellow of the flag barely responded. Many perked up when the national anthem played, singing along loudly with hands over their hearts.

    Most opinion polls before the election gave a lead to da Silva, universally known as Lula, though political analysts agreed the race grew increasingly tight in recent weeks.

    For months, it appeared that da Silva was headed for easy victory as he kindled nostalgia for his presidency, when Brazil’s economy was booming and welfare helped tens of millions join the middle class.

    But while da Silva topped the Oct. 2 first-round elections with 48% of the vote, Bolsonaro was a strong second at 43%, showing opinion polls significantly underestimated his popularity. Many Brazilians support Bolsonaro’s defense of conservative social values and he shored up support in an election year with vast government spending.

    Bolsonaro’s administration has been marked by incendiary speech, his testing of democratic institutions, his widely criticized handling of the COVID-19 pandemic and the worst deforestation in the Amazon rainforest in 15 years. But he has built a devoted base by defending conservative values and presenting himself as protection from leftist policies that he says infringe on personal liberties and produce economic turmoil.

    Da Silva is credited with building an extensive social welfare program during his 2003-2010 tenure that helped lift tens of millions into the middle class as well as presiding over an economic boom. The man universally known as Lula left office with an approval rating above 80%; then U.S. President Barack Obama called him “the most popular politician on Earth.”

    But he is also remembered for his administration’s involvement in vast corruption revealed by sprawling investigations. Da Silva’s arrest in 2018 kept him out of that year’s race against Bolsonaro, a fringe lawmaker at the time who was an outspoken fan of former U.S. President Donald Trump.

    Da Silva was jailed for for 580 days for corruption and money laundering. His convictions were later annulled by Brazil’s top court, which ruled the presiding judge had been biased and colluded with prosecutors. That enabled da Silva to run for the nation’s highest office for the sixth time.

    For months, it appeared that he was headed for easy victory as he kindled nostalgia for his presidency, when the economy was booming and welfare helped tens of millions join the middle class. But results from an Oct. 2 first-round vote — da Silva got 48% and Bolsonaro 43% — showed opinion polls had significantly underestimated Bolsonaro’s resilience and popularity. He shored up support, in part, with vast government spending.

    Da Silva has pledged to boost spending on the poor, reestablish relationships with foreign governments and take bold action to eliminate illegal clear-cutting in the Amazon rainforest.

    He hasn’t provided specific plans on how he will achieve those goals, and faces many challenges. The president-elect will be confronted by strong opposition from conservative lawmakers likely to take their cues from Bolsonaro.

    Carlos Melo, a political science professor at Insper University in Sao Paulo, compared the likely political climate to that experienced by former President Dilma Rousseff, da Silva’s hand-picked successor after his second term.

    “Lula’s victory means Brazil is trying to overcome years of turbulence since the reelection of President Dilma Rousseff in 2014. That election never ended; the opposition asked for a recount, she governed under pressure and was impeached two years later,” said Melo. “The divide became huge and then made Bolsonaro.”

    Unemployment this year has fallen to its lowest level since 2015 and, although overall inflation has slowed during the campaign, food prices are increasing at a double-digit rate. Bolsonaro’s welfare payments helped many Brazilians get by, but da Silva has been presenting himself as the candidate more willing to sustain aid going forward and raise the minimum wage.

    Da Silva has also pledged to put a halt to illegal deforestation in the Amazon, and once again has prominent environmentalalist Marina Silva by his side, years after a public falling out when she was his environment minister. The president-elect has already pledged to install a ministry for Brazil’s orginal peoples, which will be run by an Indigenous person.

    In April, he tapped center-right Geraldo Alckmin, a former rival, to be his running mate. It was another key part of an effort to create a broad, pro-democracy front to not just unseat Bolsonaro, but to make it easier to govern. Da Silva mended also has drawn support from Sen. Simone Tebet, a moderate who finished in third place in the election’s first round.

    “If Lula manages to talk to voters who didn’t vote for him, which Bolsonaro never tried, and seeks negotiated solutions to the economic, social and political crisis we have, and links with other nations that were lost, then he could reconnect Brazil to a time in which people could disagree and still get some things done,” Melo said.

    ———

    Carla Bridi contributed to this report from Brasilia.

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  • Federal judge rules in favor of bikini baristas over dress

    Federal judge rules in favor of bikini baristas over dress

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    EVERETT, Wash. — A Washington city’s dress code ordinance saying bikini baristas must cover their bodies at work has been ruled unconstitutional by a federal court.

    The decision in a partial summary judgment this week comes after a lengthy legal battle between bikini baristas and the city of Everett over the rights of workers to wear what they want, the Everett Herald reported. Everett is about 30 miles (50 kilometers) north of Seattle.

    U.S. District Court in Seattle found Everett’s dress code ordinance violated the Equal Protection clauses of the U.S. and Washington state constitutions. The Court found that the ordinance was, at least in part, shaped by a gender-based discriminatory purpose, according to a 19-page ruling signed by U.S. District Judge Ricardo S. Martinez.

    It is difficult to imagine, the court wrote, how the ordinance would be equally applied to men and women in practice because it prohibits clothing “typically worn by women rather than men,” including midriff and scoop-back shirts, as well as bikinis.

    Bikini baristas were “clearly” a target of the ordinance, the court also ruled, adding that the profession is comprised of a workforce that is almost entirely women.

    In 2017, the city enacted its dress code ordinance, requiring all employees, owners and operators of “quick service facilities” to wear clothing that covers the upper and lower body. The ordinance listed coffee stands, fast food restaurants, delis, food trucks and coffee shops as examples of quick service businesses.

    The owner of Everett bikini barista stand Hillbilly Hotties and some employees filed a legal complaint challenging the constitutionality of the dress code ordinance. They also challenged the city’s lewd conduct ordinance, but the court dismissed all the baristas’ claims but the dress code question.

    The court directed the city of Everett to meet with the plaintiffs within 14 days to discuss next steps.

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  • Today in History: October 27, Sadat and Begin win Nobel

    Today in History: October 27, Sadat and Begin win Nobel

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    Today in History

    Today is Thursday, Oct. 27, the 300th day of 2022. There are 65 days left in the year.

    Today’s Highlight in History:

    On Oct. 27, 2018, a gunman shot and killed 11 congregants and wounded six others at Pittsburgh’s Tree of Life synagogue in the deadliest attack on Jews in U.S. history; authorities said the suspect, Robert Bowers, raged against Jews during and after the rampage. (Bowers, whose trial is now set for April 2023, has pleaded not guilty; prosecutors are seeking a death sentence.)

    On this date:

    In 1787, the first of the Federalist Papers, a series of essays calling for ratification of the United States Constitution, was published.

    In 1904, the first rapid transit subway, the IRT, was inaugurated in New York City.

    In 1914, author-poet Dylan Thomas was born in Swansea, Wales.

    In 1941, the Chicago Daily Tribune dismissed the possibility of war with Japan, editorializing, “She cannot attack us. That is a military impossibility. Even our base at Hawaii is beyond the effective striking power of her fleet.”

    In 1954, U.S. Air Force Col. Benjamin O. Davis Jr. was promoted to brigadier general, the first Black officer to achieve that rank in the USAF.

    In 1962, during the Cuban Missile Crisis, a U-2 reconnaissance aircraft was shot down while flying over Cuba, killing the pilot, U.S. Air Force Maj. Rudolf Anderson Jr.

    In 1971, the Democratic Republic of the Congo was renamed the Republic of Zaire (but it went back to its previous name in 1997).

    In 1978, Egyptian President Anwar Sadat and Israeli Prime Minister Menachem Begin (men-AH’-kem BAY’-gihn) were named winners of the Nobel Peace Prize for their progress toward achieving a Middle East accord.

    In 1995, a sniper killed one soldier and wounded 18 others at Fort Bragg, North Carolina. (Paratrooper William J. Kreutzer was convicted in the shootings, and condemned to death; the sentence was later commuted to life in prison.)

    In 1998, Hurricane Mitch cut through the western Caribbean, pummeling coastal Honduras and Belize; the storm caused several thousand deaths in Central America in the days that followed.

    In 2004, the Boston Red Sox won their first World Series since 1918, sweeping the St. Louis Cardinals in Game 4, 3-0.

    In 2020, Amy Coney Barrett was formally sworn as the Supreme Court’s ninth justice, her oath administered in private by Chief Justice John Roberts.

    Ten years ago: The eastern United States braced for high winds, torrential rains, power outages and even snow from Hurricane Sandy, which was headed north from the Caribbean toward a merger with two wintry weather systems.

    Five years ago: Spain fired Catalonia’s regional government and dissolved its parliament, after a Catalan declaration of independence that flouted the country’s constitution. Golfer Tiger Woods pleaded guilty to reckless driving, resolving charges from an arrest in which he was found passed out in his car with prescription drugs and marijuana in his system. The White House said federal officials had played no role in selecting a tiny Montana company from Interior Secretary Ryan Zinke’s hometown for a $300 million contract to help restore Puerto Rico’s power grid.

    One year ago: The Department of Homeland Security said U.S. immigration authorities would no longer make routine immigration arrests at schools, hospitals or a range of other “protected” areas. Investigators in New Mexico said there was “some complacency” in how weapons were handled on a movie set where Alec Baldwin accidentally shot and killed a cinematographer and wounded another person. The State Department said the United States had issued its first passport with an ‘X’ gender designation for a person who does not identify as male or female. Starbucks said it would raise its U.S. employees’ pay and making other changes to improve working conditions in its stores; the company said all of its U.S. workers would earn at least $15 —— and up to $23 —— per hour by the following summer.

    Today’s Birthdays: Actor-comedian John Cleese is 83. Author Maxine Hong Kingston is 82. Country singer Lee Greenwood is 80. Rock musician Garry Tallent (Bruce Springsteen & the E Street Band) is 73. Author Fran Lebowitz is 72. Rock musician K.K. Downing is 71. TV personality Jayne Kennedy is 71. Actor-director Roberto Benigni is 70. Actor Peter Firth is 69. Actor Robert Picardo is 69. World Golf Hall of Famer Patty Sheehan is 66. Singer Simon Le Bon is 64. Country musician Jerry Dale McFadden (The Mavericks) is 58. Internet news editor Matt Drudge is 56. Rock musician Jason Finn (Presidents of the United States of America) is 55. Actor Sean Holland is 54. Actor Channon Roe is 53. Author Anthony Doerr is 49. Actor Sheeri Rappaport is 45. Actor David Walton is 44. Violinist Vanessa-Mae is 44. Actor-singer Kelly Osbourne is 38. Actor Christine Evangelista is 36. Actor Bryan Craig is 31. Actor Troy Gentile is 29.

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  • Same-sex marriage is now legal in all of Mexico’s states

    Same-sex marriage is now legal in all of Mexico’s states

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    MEXICO CITY — Lawmakers in the border state of Tamaulipas voted Wednesday night to legalize same-sex marriages, becoming the last of Mexico’s 32 states to authorize such unions.

    The measure to amend the state’s Civil Code passed with 23 votes in favor, 12 against and two abstentions, setting off cheers of “Yes, we can!” from supporters of the change.

    The session took place as groups both for and against the measure chanted and shouted from the balcony, and legislators eventually moved to another room to finish their debate and vote.

    The president of the Supreme Court of Justice of the Nation, Arturo Zaldívar, welcomed the vote. “The whole country shines with a huge rainbow. Live the dignity and rights of all people. Love is love,” he said on Twitter.

    A day earlier, lawmakers in the southern state of Guerrero approved similar legislation allowing same-sex marriages.

    In 2015, the Supreme Court declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.

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  • Man who filmed shooting response acquitted of obstruction

    Man who filmed shooting response acquitted of obstruction

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    BOULDER, Colo. — Dean Schiller had just left a Colorado supermarket after shopping last year when he heard gunshots and saw three people lying face down. The independent, part-time journalist, began livestreaming on his YouTube channel, before officers arrived, and later refused dozens of police orders to move away.

    He would later learn that a friend who worked at the store was one of the 10 people killed inside the King Soopers store in the college town of Boulder. The suspect, Ahmad Al Aliwi Alissa, 23, is accused of killing customers, workers and a police officer who rushed into the store to try to stop the March 22, 2021, attack.

    On Wednesday, jurors acquitted Schiller of obstructing police, a misdemeanor, after Schiller’s lawyers argued that being a temporary distraction does not equate to keeping police from doing their job.

    In closing arguments, defense attorney Tiffany Drahota told jurors the case was not about being polite to the police, or about the courage shown by police that day or honoring the lives of those lost in the shooting.

    “You can mourn the victims of the King Soopers shooting and still find Dean Schiller not guilty,” she said.

    Prosecutors argued Schiller ignored 60 commands to move farther away from the store over 1 1/2 hours, becoming a distraction from police efforts to save lives and secure the crime scene. Deputy District Attorney Myra Gottl said his priority was to keep streaming to gain more viewers on his channel.

    “It was a calculated decision to get attention and he liked it,” she said in closing arguments at the trial that had opened Tuesday.

    Clips of the video shown in during Schiller’s trial showed several officers telling him to move back for his safety and for officers’ safety. At one point he does get behind the police tape eventually strung around the store but refuses to cross to the other side of the street. He also curses at some officers and flips them off when he tries to gain access from a different direction.

    While Drahota pointed out that Schiller was not arrested, Deputy District Attorney Ryan Day said that a commander had testified that police did not have time to do that and keep him secure while responding to the shooting.

    After the verdict, Schiller, who has often recorded police activity in Boulder, said he felt like a weight had been lifted from his chest. He said his prosecution made it hard to fully mourn the loss of his friend, Denny Stong, who worked at the store and who lagged behind him in leaving because he knew so many people there. He said he was responding to a need from the public in livestreaming the shooting response.

    “It wasn’t that I was creating something. It was real news and I needed to show people as long as they wanted to watch,” said Schiller. He added that his heart has not been into filming as much since losing Stong and being prosecuted.

    In a statement, District Attorney Michael Dougherty said that police responded to “an incredibly challenging and difficult crime scene” and said his office prosecutes those who obstruct and interfere with law enforcement’s responses to crises.

    Schiller’s case is part of a larger judicial reckoning taking place around the United States about how far people can go film police while officers work.

    In July, a Denver-based U.S. appeals court that oversees four Western and two Midwestern states became the seventh appeals court to rule that people have a right protected by the First Amendment to film police while they work. In September, a federal judge blocked enforcement of a new Arizona law restricting how the public and journalists can film police.

    The prosecution of the man charged in the supermarket shooting has been on hold since December after a judge ruled that he was mentally incompetent to stand trial. Alissa is being treated at a state mental hospital. During a hearing last week, Judge Ingrid Bakke said there was still a substantial probability he could be treated to be made competent in the “foreseeable future,” an outlook she first shared in March.

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  • 3 men convicted of supporting plot to kidnap Gov. Whitmer

    3 men convicted of supporting plot to kidnap Gov. Whitmer

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    Three men accused of supporting a plot to kidnap Michigan’s governor were convicted of all charges Wednesday, a triumph for state prosecutors after months of mixed results in the main case in federal court.

    Joe Morrison, his father-in-law Pete Musico, and Paul Bellar were found guilty of providing “material support” for a terrorist act as members of a paramilitary group, the Wolverine Watchmen.

    They held gun drills in rural Jackson County with a leader of the scheme, Adam Fox, who was disgusted with Gov. Gretchen Whitmer and other officials in 2020 and said he wanted to kidnap her.

    Jurors read and heard violent, anti-government screeds as well as support for the “boogaloo,” a civil war that might be triggered by a shocking abduction. Prosecutors said COVID-19 restrictions ordered by Whitmer turned out to be fruit to recruit more people to the Watchmen.

    “The facts drip out slowly,” state Assistant Attorney General Bill Rollstin told jurors in Jackson, Michigan, “and you begin to see — wow — there were things that happened that people knew about. … When you see how close Adam Fox got to the governor, you can see how a very bad event was thwarted.”

    Morrison, 28, Musico, 44, and Bellar, 24, were also convicted of a gun crime and membership in a gang. Prosecutors said the Wolverine Watchmen was a criminal enterprise.

    The verdicts “are further proof that violence and threats have no place in our politics,” said Whitmer, who has not participated as a trial witness or spectator in the state or federal cases. “Those who seek to sow discord by pursuing violent plots will be held accountable under the law.”

    Morrison, who recently tested positive for COVID-19, and Musico watched the verdicts by video away from the courtroom. Judge Thomas Wilson ordered all three to jail while they await sentencing on Dec. 15.

    Defense attorneys argued that the three men had broken ties with Fox by late summer 2020 when the Whitmer plot came into focus. Unlike Fox and others, they didn’t travel to northern Michigan to scout the governor’s vacation home or participate in a key weekend training session inside a “shoot house.”

    “In this country you are allowed to talk the talk, but you only get convicted if you walk the walk,” Musico’s attorney, Kareem Johnson, said in his closing remarks.

    Defense lawyers couldn’t argue entrapment. But they attacked the tactics of Dan Chappel, an Army veteran and undercover informant. He took instructions from FBI agents, secretly recorded conversations and produced a deep cache of messages exchanged with the men.

    Whitmer, a Democrat running for reelection on Nov. 8, was never physically harmed. Undercover agents and informants were inside Fox’s group for months. The scheme was broken up with 14 arrests in October 2020.

    Fox and Barry Croft Jr. were convicted of a kidnapping conspiracy in federal court in August. Daniel Harris and Brandon Caserta were acquitted last spring. Ty Garbin and Kaleb Franks pleaded guilty.

    Five of the 14 men are facing charges in state court in Antrim County, the site of Whitmer’s second home. A judge there still must determine whether there’s probable cause to send them to trial.

    ———

    Follow Ed White at http://twitter.com/edwritez

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  • Western states propose deal over beleaguered Rio Grande

    Western states propose deal over beleaguered Rio Grande

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    ALBUQUERQUE, N.M. — New Mexico, Texas and Colorado have negotiated a proposed settlement that they say will end a yearslong battle over management of one of the longest rivers in North America, but the federal government and two irrigation districts that depend on the Rio Grande are objecting.

    New Mexico Attorney General Hector Balderas on Tuesday announced that the states had brokered a deal following months of negotiations. While the terms remain confidential, his office called it “a comprehensive resolution of all the claims in the case.”

    “Extreme drought and erratic climate events necessitate that states must work together to protect the Rio Grande, which is the lifeblood of our New Mexico farmers and communities,” Balderas said in a statement. “And I’m very disappointed that the U.S. is exerting federal overreach and standing in the way of the states’ historic water agreement.”

    Attorneys with the U.S. Department of Justice and irrigation districts that serve farmers downstream of Elephant Butte reservoir argued that the proposal would not be a workable solution. The river is managed through a system of federal dams and canals under provisions of a water-sharing agreement that also involves Mexico.

    The case has been pending before the U.S. Supreme Court for nearly a decade. Texas has argued that groundwater pumping in southern New Mexico has reduced river flows, limiting how much water makes it across the border. New Mexico argues that it has been shorted on its share of the river.

    New Mexico and the other states plan in the coming weeks to submit their motion to move the proposed settlement forward, opening the door for federal officials and the irrigation districts to respond.

    Another hearing has been scheduled for January.

    The battle over the Rio Grande has become a multimillion-dollar case in a region where water supplies are dwindling due to increased demand along with drought and warmer temperatures brought on by climate change.

    So far, New Mexico has spent roughly $21 million on lawyers and scientists over the last nine years.

    Last fall, the special master overseeing the case presided over the first phase of trial, which included testimony from farmers, hydrologists, irrigation managers and others. More technical testimony was expected to be part of the next phase, which has now been put off.

    Earlier this year, some of the river’s stretches in New Mexico marked record low flows, resulting in some farmers voluntarily fallowing fields to help the state meet downstream water-sharing obligations.

    In the Elephant Butte Irrigation District, officials recently warned farmers that they can likely expect another late start to the irrigation season in 2023 and that allotments will be low again since the system depends less on summer rains and more on spring runoff from snowmelt in southern Colorado and northern New Mexico.

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  • Western states propose deal over beleaguered Rio Grande

    Western states propose deal over beleaguered Rio Grande

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    ALBUQUERQUE, N.M. — New Mexico, Texas and Colorado have negotiated a proposed settlement that they say will end a yearslong battle over management of one of the longest rivers in North America, but the federal government and two irrigation districts that depend on the Rio Grande are objecting.

    New Mexico Attorney General Hector Balderas on Tuesday announced that the states had brokered a deal following months of negotiations. While the terms remain confidential, his office called it “a comprehensive resolution of all the claims in the case.”

    “Extreme drought and erratic climate events necessitate that states must work together to protect the Rio Grande, which is the lifeblood of our New Mexico farmers and communities,” Balderas said in a statement. “And I’m very disappointed that the U.S. is exerting federal overreach and standing in the way of the states’ historic water agreement.”

    Attorneys with the U.S. Department of Justice and irrigation districts that serve farmers downstream of Elephant Butte reservoir argued that the proposal would not be a workable solution. The river is managed through a system of federal dams and canals under provisions of a water-sharing agreement that also involves Mexico.

    The case has been pending before the U.S. Supreme Court for nearly a decade. Texas has argued that groundwater pumping in southern New Mexico has reduced river flows, limiting how much water makes it across the border. New Mexico argues that it has been shorted on its share of the river.

    New Mexico and the other states plan in the coming weeks to submit their motion to move the proposed settlement forward, opening the door for federal officials and the irrigation districts to respond.

    Another hearing has been scheduled for January.

    The battle over the Rio Grande has become a multimillion-dollar case in a region where water supplies are dwindling due to increased demand along with drought and warmer temperatures brought on by climate change.

    So far, New Mexico has spent roughly $21 million on lawyers and scientists over the last nine years.

    Last fall, the special master overseeing the case presided over the first phase of trial, which included testimony from farmers, hydrologists, irrigation managers and others. More technical testimony was expected to be part of the next phase, which has now been put off.

    Earlier this year, some of the river’s stretches in New Mexico marked record low flows, resulting in some farmers voluntarily fallowing fields to help the state meet downstream water-sharing obligations.

    In the Elephant Butte Irrigation District, officials recently warned farmers that they can likely expect another late start to the irrigation season in 2023 and that allotments will be low again since the system depends less on summer rains and more on spring runoff from snowmelt in southern Colorado and northern New Mexico.

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  • Brazil pol and Bolsonaro ally refuses arrest, injures police

    Brazil pol and Bolsonaro ally refuses arrest, injures police

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    COMENDADOR LEVY GASPARIAN, Brazil — A Brazilian politician attacked federal police officers seeking to arrest him in his home on Sunday, prompting an hours-long siege that caused alarm and a scramble for a response at the highest level of government.

    Roberto Jefferson, a former lawmaker and an ally of President Jair Bolsonaro, fired a rifle at police and threw grenades, wounding two officers in the rural municipality Comendador Levy Gasparian, in Rio de Janeiro state. He said in a video message sent to supporters on WhatsApp that he refused to surrender, though by early evening he was in custody.

    The events were stunning even for Brazilians who have grown increasingly accustomed to far-right politicians and activists thumbing their noses at Supreme Court justices, and comes just days before Brazilians go to the polls to vote for president.

    The Supreme Court has sought to rein in the spread of disinformation and anti-democratic rhetoric ahead of the Oct. 30 vote, often inviting the ire of Bolsonaro’s base that decries such actions as censorship. As part of those efforts, Jefferson was jailed preventatively for making threats against the court’s justices.

    Jefferson in January received permission to serve his preventative arrest under house arrest, provided he complies with certain conditions. Justice Alexandre de Moraes said in a decision published Sunday that Jefferson has repeatedly violated those terms — most recently by using social media to compare one female justice to a prostitute — and ordered he be returned to prison.

    “I didn’t shoot anyone to hit them. No one. I shot their car and near them. There were four of them, they ran, I said, ’Get out, because I’m going get you,’” Jefferson said in the video. “I’m setting my example, I’m leaving my seed planted: resist oppression, resist tyranny. God bless Brazil.”

    Later, Brazil’s federal police said in another statement that Jefferson was also arrested for attempted murder.

    Bolsonaro was quick to criticize his ally in a live broadcast on social media. He denounced Jefferson’s statements against Supreme Court justices, including the threats and insults that led to his initial arrest, and Sunday’s attack. He also sought to distance himself from the former lawmaker.

    “There’s not a single picture of him and me,” Brazil’s president said. His opponents promptly posted several pictures of the two together on social media.

    Bolsonaro also said he dispatched Justice Minister Anderson Torres to the scene, without providing details on what his role would be.

    Bolsonaro’s base had mixed reactions, with some on social media hailing Jefferson as a hero for standing up to the top court. Dozens flocked to his house to show support as he remained holed up inside. They chanted, with one group holding a banner that read: “FREEDOM FOR ROBERTO JEFFERSON”.

    Former President Luiz Inácio Lula da Silva, who is campaigning to return to his former job, told reporters in Sao Paulo that Jefferson “does not have adequate behavior. It is not normal behavior.”

    Earlier this year, the Supreme Court convicted lawmaker Daniel Silveira for inciting physical attacks on the court’s justices as well as other authorities. Bolsonaro quickly issued a pardon for Silveira, who appeared beside the president after he cast his vote in the election’s first round on Oct. 2.

    The runoff vote between Bolsonaro and da Silva is set for Oct. 30

    “Brazil is terrified watching events that, this Sunday, reach the peak of the absurd,” Arthur Lira, the president of Congress’ Lower House and a Bolsonaro ally, wrote on Twitter. “We will not tolerate setbacks or attacks against our democracy.”

    ————

    Savarese reported from Sao Paulo.

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  • Boeing crashes: Passengers’ families deemed crime victims

    Boeing crashes: Passengers’ families deemed crime victims

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    FORT WORTH, Texas — A federal judge ruled Friday that relatives of people killed in the crashes of two Boeing 737 Max planes are crime victims under federal law and should have been told about private negotiations over a settlement that spared Boeing from criminal prosecution.

    The full impact of the ruling is not yet clear, however. The judge said the next step is to decide what remedies the families should get for not being told of the talks with Boeing.

    Some relatives are pushing to scrap the government’s January 2021 settlement with Boeing, and they have expressed anger that no one in the company has been held criminally responsible.

    Boeing Co., which is based in Arlington, Virginia, did not immediately respond to a request for comment.

    Boeing, which misled safety regulators who approved the Max, agreed to pay $2.5 billion including a $243.6 million fine. The Justice Department agreed not to prosecute the company for conspiracy to defraud the government.

    The Justice Department, in explaining why it didn’t tell families about the negotiations, argued that the relatives are not crime victims. However, U.S. District Judge Reed O’Connor in Fort Worth, Texas, said the crashes were a foreseeable consequence of Boeing’s conspiracy, making the relatives representatives of crime victims.

    “In sum, but for Boeing’s criminal conspiracy to defraud the FAA, 346 people would not have lost their lives in the crashes,” he wrote.

    Naoise Connolly Ryan, whose husband died in the second Max crash, in Ethiopia, said Boeing is responsible for his death.

    “Families like mine are the true victims of Boeing’s criminal misconduct, and our views should have been considered before the government gave them a sweetheart deal,” she said in a statement issued by a lawyer for the families.

    The first Max crashed Indonesia in October 2018, killing 189, and another crashed five months later in Ethiopia, killing 157. All Max jets were grounded worldwide for nearly two years. They were cleared to fly again after Boeing overhauled an automated flight-control system that activated erroneously in both crashes.

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  • Judge dismisses effort to halt student loan forgiveness plan

    Judge dismisses effort to halt student loan forgiveness plan

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    ST. LOUIS — A federal judge in St. Louis on Thursday dismissed an effort by six Republican-led states to block the Biden administration’s plan to forgive student loan debt for tens of millions of Americans.

    U.S. District Judge Henry Autrey wrote that because the six states — Nebraska, Missouri, Arkansas, Iowa, Kansas and South Carolina — failed to establish they had standing, “the Court lacks jurisdiction to hear this case.”

    Suzanne Gage, spokeswoman for Nebraska Attorney General Doug Peterson, said the states will appeal. She said in a statement that the states “continue to believe that they do in fact have standing to raise their important legal challenges.”

    Democratic President Joe Biden announced in August that his administration would cancel up to $20,000 in education debt for huge numbers of borrowers. The announcement immediately became a major political issue ahead of the November midterm elections.

    The states’ lawsuit is among a few that have been filed. Earlier Thursday, Supreme Court Justice Amy Coney Barrett rejected an appeal from a Wisconsin taxpayers group seeking to stop the debt cancellation program.

    Barrett, who oversees emergency appeals from Wisconsin and neighboring states, did not comment in turning away the appeal from the Brown County Taxpayers Association. The group wrote in its Supreme Court filing that it needed an emergency order because the administration could begin canceling outstanding student debt as soon as Sunday.

    In the lawsuit brought by the states, lawyers for the administration said the Department of Education has “broad authority to manage the federal student financial aid programs.” A court filing stated that the 2003 Higher Education Relief Opportunities for Students Act, or HEROES Act, allows the secretary of education to waive or modify terms of federal student loans in times of war or national emergency.

    “COVID-19 is such an emergency,” the filing stated.

    The Congressional Budget Office has said the program will cost about $400 billion over the next three decades. James Campbell, an attorney for the Nebraska attorney general’s office, told Autrey at an Oct. 12 hearing that the administration is acting outside its authorities in a way that will cost states millions of dollars.

    The plan would cancel $10,000 in student loan debt for those making less than $125,000 or households with less than $250,000 in income. Pell Grant recipients, who typically demonstrate more financial need, will get an additional $10,000 in debt forgiven.

    Conservative attorneys, Republican lawmakers and business-oriented groups have asserted that Biden overstepped his authority in taking such sweeping action without the assent of Congress. They called it an unfair government giveaway for relatively affluent people at the expense of taxpayers who didn’t pursue higher education.

    Chris Nuelle, spokesman for Missouri Attorney General Eric Schmitt, said the plan “will unfairly burden working class families with even more economic woes.”

    Many Democratic lawmakers facing tough reelection contests have distanced themselves from the plan.

    The HEROES Act was enacted after 9/11 to help members of the military. The Justice Department says the law allows Biden to reduce or erase student loan debt during a national emergency. Republicans argue the administration is misinterpreting the law, in part because the pandemic no longer qualifies as a national emergency.

    Justice Department attorney Brian Netter told Autrey that fallout from the COVID-19 pandemic is still rippling. He said student loan defaults have skyrocketed over the past 2 1/2 years.

    The cancellation applies to federal student loans used to attend undergraduate and graduate school, along with Parent Plus loans. Current college students qualify if their loans were disbursed before July 1.

    The plan makes 43 million borrowers eligible for some debt forgiveness, with 20 million who could get their debt erased entirely, according to the administration.

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  • Judge dismisses lawsuit over upcoming lethal injection

    Judge dismisses lawsuit over upcoming lethal injection

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    MONTGOMERY, Ala — A federal judge dismissed an inmate’s claim seeking to block his upcoming execution in Alabama because of reported problems at a recent lethal injection.

    The judge on Sunday granted Alabama’s request to dismiss the lawsuit brought by Kenneth Eugene Smith, agreeing that Smith waited too long to file the challenge. But U.S. District Judge R. Austin Huffaker Jr. also warned Alabama’s prison commissioner to strictly follow established protocol when officials attempt to put Smith to death next month.

    “Sanctions will be swift and serious if counsel and the Commissioner do not honor or abide by their representations and stipulations,” Huffaker wrote.

    Smith is set to be executed by lethal injection Nov. 17 after being convicted in the murder-for-hire killing of Elizabeth Dorlene Sennett, 45.

    Smith’s attorneys pointed to a July execution, which an anti-death penalty group claims was botched, to argue that Alabama’s lethal injection process creates a risk of cruel and unusual punishment.

    The July 28 execution of Joe Nathan James Jr. was carried out more than three hours after the U.S. Supreme Court denied a request for a stay. State officials later acknowledged the execution was delayed because of difficulties in establishing an intravenous line, but did not specify how long it took.

    A doctor who witnessed a private autopsy paid for by an anti-death penalty group said it appeared officials might have attempted to perform a “cutdown,” a procedure in which the skin is opened to allow a visual search for a vein.

    Huffaker noted that Corrections Commissioner John Hamm “represents in his brief and during oral argument that the ADOC did not employ a cutdown procedure or intramuscular sedation during the James execution and denies any present intent to employ any such procedure in the future.”

    Huffaker ruled that Smith missed the time frame to challenge Alabama’s lethal injection process.

    Smith missed the 2018 deadline to request execution by nitrogen hypoxia, an execution method that Alabama has authorized but not developed a process to use. Smith’s attorneys argued that the state violated his due process rights by not providing him information necessary to make a knowing and voluntary waiver of his nitrogen hypoxia election right in 2018.

    His attorneys argue that Smith did not know nitrogen hypoxia “would not be implemented for years, if ever.” Huffaker said that complaint also could not overcome a “clear statute-of-limitations hurdle.”

    Prosecutors said Smith was one of two men paid $1,000 to kill Sennett on behalf of her husband, the Rev. Charles Sennett, who was deeply in debt and wanted to collect on insurance. Smith maintained it was the other man who killed Sennett, according to court documents.

    Smith was initially convicted in 1989, and a jury voted 10-2 to recommend a death sentence, which a judge imposed. His conviction was overturned on appeal in 1992.

    He was retried and convicted again in 1996. This time, the jury recommended a life sentence by a vote of 11-1, but a judge overrode the jury’s recommendation and sentenced Smith to death. Alabama no longer allows a judge to override a jury’s recommendation.

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  • Landmark trial begins over Arkansas’ ban on trans youth care

    Landmark trial begins over Arkansas’ ban on trans youth care

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    LITTLE ROCK, Ark. — The nation’s first trial over a state’s ban on gender-confirming care for children begins in Arkansas this week, the latest fight over restrictions on transgender youth championed by Republican leaders and widely condemned by medical experts.

    U.S. District Judge Jay Moody will hear testimony and evidence starting Monday over the law he temporarily blocked last year prohibiting doctors from providing gender-confirming hormone treatment, puberty blockers or surgery to anyone under 18 years old. It also prevents doctors from referring patients elsewhere for such care.

    The families of four transgender youth and two doctors who provide gender-confirming care want Moody to strike down the law, saying it is unconstitutional because it discriminates against transgender youth, intrudes on parents’ rights to make medical decisions for their children and infringes on doctors’ free speech rights. The trial is expected to last two weeks.

    “As a parent, I never imagined I’d have to fight for my daughter to be able to receive medically necessary health care her doctor say she needs and we know she needs,” said Lacey Jennen, whose 17-year-old daughter has been receiving gender-confirming care.

    Arkansas was the first state to enact such a ban on gender-confirming care, with Republican lawmakers in 2021 overriding GOP Gov. Asa Hutchinson’s veto of the legislation. Hutchinson, who had signed other restrictions on transgender youth into law, said the prohibition went too far by cutting off the care for those currently receiving it.

    Multiple medical groups, including the American Medical Association and the American Academy of Pediatrics, oppose the bans and experts say the treatments are safe if properly administered.

    But advocates of the law have argued the prohibition is within the state’s authority to regulate medical practices.

    “This is about protecting children,” Republican Attorney General Leslie Rutledge said. “Nothing about this law prohibits someone after the age of 18 from making this decision. What we’re doing in Arkansas is protecting children from life-altering, permanent decisions.”

    A similar law has been blocked by a federal judge in Alabama, and a Texas judge has blocked that state’s efforts to investigate gender-confirming care for minors as child abuse. Children’s hospitals around the country have faced harassment and threats of violence for providing gender-confirming care.

    “This latest wave of anti-trans fever that is now spreading to other states started in Arkansas and it needs to end in Arkansas,” said Holly Dickson, executive director of the American Civil Liberties Union of Arkansas, which filed the lawsuit on behalf of the families.

    A three-judge panel of the 8th U.S. Circuit Court of Appeals in August upheld Moody’s preliminary injunction blocking the ban’s enforcement. But the state has asked the full 8th Circuit appeals court to review the case.

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  • Today in History: October 15, Senate confirms Thomas

    Today in History: October 15, Senate confirms Thomas

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    Today in History

    Today is Saturday, Oct. 15, the 288th day of 2022. There are 77 days left in the year.

    Today’s Highlight in History:

    On Oct. 15, 1966, President Lyndon B. Johnson signed a bill creating the U.S. Department of Transportation.

    On this date:

    In 1815, Napoleon Bonaparte, the deposed Emperor of the French, arrived on the British-ruled South Atlantic island of St. Helena, where he spent the last 5 1/2 years of his life in exile.

    In 1945, the former premier of Vichy France, Pierre Laval, was executed for treason.

    In 1946, Nazi war criminal Hermann Goering (GEH’-reeng) fatally poisoned himself hours before he was to have been executed.

    In 1954, Hurricane Hazel made landfall on the Carolina coast as a Category 4 storm; Hazel was blamed for some 1,000 deaths in the Caribbean, 95 in the U.S. and 81 in Canada.

    In 1966, the revolutionary Black Panther Party was founded by Huey Newton and Bobby Seale in Oakland, California.

    In 1976, in the first debate of its kind between vice-presidential nominees, Democrat Walter F. Mondale and Republican Bob Dole faced off in Houston.

    In 1989, South African officials released eight prominent political prisoners, including Walter Sisulu (sih-SOO’-loo).

    In 1991, despite sexual harassment allegations by Anita Hill, the Senate narrowly confirmed the nomination of Clarence Thomas to the U.S. Supreme Court, 52-48.

    In 1997, British Royal Air Force pilot Andy Green twice drove a jet-powered car in the Nevada desert faster than the speed of sound, officially shattering the world’s land-speed record.

    In 2001, Bethlehem Steel Corp. filed for Chapter 11 bankruptcy.

    In 2003, eleven people were killed when a Staten Island ferry slammed into a maintenance pier. (The ferry’s pilot, who’d blacked out at the controls, later pleaded guilty to eleven counts of manslaughter.)

    In 2015, President Barack Obama abandoned his pledge to end America’s longest war, announcing plans to keep at least 5,500 U.S. troops in Afghanistan at the end of his term in 2017 and hand the conflict off to his successor.

    Ten years ago: Former pro wrestler Hulk Hogan sued the news and gossip website Gawker for posting a sex tape of him online. (Hogan won a $140 million verdict against Gawker, which ended up settling for $31 million in a legal fight that led to the media company’s bankruptcy.)

    Five years ago: Actress and activist Alyssa Milano tweeted that women who had been sexually harassed or assaulted should write “Me too” as a status; within hours, tens of thousands had taken up the #MeToo hashtag (using a phrase that had been introduced 10 years earlier by social activist Tarana Burke.) Former San Francisco 49ers quarterback Colin Kaepernick filed a grievance against the NFL, alleging that he was still unsigned because of collusion by owners resulting from his protests during the national anthem.

    One year ago: British Conservative lawmaker David Amess was stabbed to death as he met with constituents at a church hall; the assailant, an Islamic State supporter who said he targeted Amess because of his past support for airstrikes on Syria, was convicted and sentenced to life in prison. A suicide bombing targeting a Shiite mosque in southern Afghanistan killed at least 47 people and wounded scores of others; the Islamic State group claimed responsibility. The lawyers for accused Florida school shooter Nikolas Cruz said he would plead guilty to the 2018 massacre at a Parkland high school that killed 14 students and three staff members.

    Today’s Birthdays: Singer Barry McGuire is 87. Actor Linda Lavin is 85. Rock musician Don Stevenson (Moby Grape) is 80. Baseball Hall of Famer Jim Palmer is 77. Singer-musician Richard Carpenter is 76. Actor Victor Banerjee is 76. Former tennis player Roscoe Tanner is 71. Singer Tito Jackson is 69. Actor-comedian Larry Miller is 69. Actor Jere Burns is 68. Movie director Mira Nair is 65. Britain’s Duchess of York, Sarah Ferguson, is 63. Chef Emeril Lagasse (EM’-ur-ul leh-GAH’-see) is 63. Rock musician Mark Reznicek (REHZ’-nih-chehk) is 60. Singer Eric Benet (beh-NAY’) is 56. Actor Vanessa Marcil is 54. Singer-actor-TV host Paige Davis is 53. Country singer Kimberly Schlapman (Little Big Town) is 53. Actor Dominic West is 53. R&B singer Ginuwine (JIHN’-yoo-wyn) is 52. Christian singer-actor Jaci (JAK’-ee) Velasquez is 43. Actor Brandon Jay McLaren is 42. R&B singer Keyshia Cole is 41. Actor Vincent Martella is 30. Actor Bailee Madison is 23.

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  • Today in History: October 13, Chilean miners rescued

    Today in History: October 13, Chilean miners rescued

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    Today in History

    Today is Thursday, Oct. 13, the 286th day of 2022. There are 79 days left in the year.

    Today’s Highlight in History:

    On Oct. 13, 2010, rescuers in Chile using a missile-like escape capsule pulled 33 men one by one to fresh air and freedom 69 days after they were trapped in a collapsed mine a half-mile underground.

    On this date:

    In 1775, the United States Navy had its origins as the Continental Congress ordered the construction of a naval fleet.

    In 1792, the cornerstone of the executive mansion, later known as the White House, was laid by President George Washington during a ceremony in the District of Columbia.

    In 1932, President Herbert Hoover and Chief Justice Charles Evans Hughes laid the cornerstone for the U.S. Supreme Court building in Washington.

    In 1943, Italy declared war on Germany, its one-time Axis partner.

    In 1960, the Pittsburgh Pirates won the World Series, defeating the New York Yankees in Game 7, 10-9, with a home run hit by Bill Mazeroski.

    In 1972, a Uruguayan chartered flight carrying 45 people crashed in the Andes; survivors resorted to feeding off the remains of some of the dead in order to stay alive until they were rescued more than two months later.

    In 1974, longtime television host Ed Sullivan died in New York City at age 73.

    In 1999, in Boulder, Colorado, the JonBenet Ramsey grand jury was dismissed after 13 months of work with prosecutors saying there wasn’t enough evidence to charge anyone in the 6-year-old beauty queen’s slaying.

    In 2003, the U.N. Security Council approved a resolution expanding the NATO-led peacekeeping force in Afghanistan.

    In 2007, Secretary of State Condoleezza Rice, after meeting with human-rights activists in Moscow, told reporters the Russian government under Vladimir Putin had amassed so much central authority that the power-grab could undermine its commitment to democracy.

    In 2011, Raj Rajaratnam (rahj rah-juh-RUHT’-nuhm), the hedge fund billionaire at the center of one of the biggest insider-trading cases in U.S. history, was sentenced by a federal judge in New York to 11 years behind bars.

    In 2016, Bob Dylan was named winner of the Nobel prize in literature.

    Ten years ago: Republicans Mitt Romney and Paul Ryan rallied college students in all corners of all-important Ohio and hammered at President Barack Obama for going easy on China over unfair trade practices; Obama took precious time off the campaign trail to practice for the next debate against his GOP rival. Actor and TV host Gary Collins, 74, died in Biloxi, Mississippi.

    Five years ago: President Donald Trump accused Iran of violating the 2015 nuclear accord, but did not pull the U.S. out of the deal or re-impose nuclear sanctions. (Trump would pull the U.S. out of the deal the following May and restore harsh sanctions.) Attorneys general in nearly 20 states filed a lawsuit against the Trump administration over the decision to end a federal subsidy under the Affordable Care Act that lowered out-of-pocket medical costs for consumers with modest incomes.

    One year ago: U.S. officials said they would reopen land borders to nonessential travel starting in November, ending a 19-month freeze. The government reported that another jump in consumer prices in September sent inflation up 5.4% from where it was a year earlier, as tangled global supply lines continue to create havoc. At the age of 90, actor William Shatner – best known as Captain Kirk on “Star Trek” – rode into space and back aboard a ship built by Jeff Bezos’ Blue Origin company, becoming the oldest person to travel in space.

    Today’s Birthdays: Gospel singer Shirley Caesar is 85. Actor Melinda Dillon is 83. Singer-musician Paul Simon is 81. Musician Robert Lamm (Chicago) is 78. Country singer Lacy J. Dalton is 76. Actor Demond Wilson is 76. Singer-musician Sammy Hagar is 75. Pop singer John Ford Coley is 74. Actor John Lone is 70. Model Beverly Johnson is 70. Producer-writer Chris Carter is 66. Actor and former NBA star Reggie Theus (THEE’-us) is 65. Sen. Maria Cantwell, D-Wash., is 64. R&B singer Cherrelle is 63. Singer/TV personality Marie Osmond is 63. Rock singer Joey Belladonna is 62. NBA coach Doc Rivers is 61. Actor T’Keyah Crystal Keymah (tuh-KEE’-ah KRYS’-tal kee-MAH’) is 60. College and Pro Football Hall of Famer Jerry Rice is 60. Actor Christopher Judge is 58. Actor Matt Walsh is 58. Actor Reginald Ballard is 57. Actor Kate Walsh is 55. R&B musician Jeff Allen (Mint Condition) is 54. Actor Tisha Campbell-Martin is 54. Olympic silver medal figure skater Nancy Kerrigan is 53. Country singer Rhett Akins is 53. Classical crossover singer Paul Potts is 52. TV personality Billy Bush is 51. Actor Sacha Baron Cohen is 51. R&B singers Brandon and Brian Casey (Jagged Edge) are 47. Actor Kiele Sanchez is 46. Former NBA All-Star Paul Pierce is 45. DJ Vice is 44. Singer Ashanti (ah-SHAHN’-tee) is 42. R&B singer Lumidee is 42. Christian rock singer Jon Micah Sumrall (Kutless) is 42. Olympic gold medal swimmer Ian Thorpe is 40. Rep. Alexandria Ocasio-Cortez, D-N.Y., is 33. Actor Caleb McLaughlin (TV: “Stranger Things”) is 21.

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  • Trump angrily lashes out after his deposition is ordered

    Trump angrily lashes out after his deposition is ordered

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    NEW YORK — Former President Donald Trump angrily lashed out Wednesday, calling the nation’s legal system a “broken disgrace” after a judge ruled he must answer questions under oath next week in a defamation lawsuit lodged by a writer who says he raped her in the mid-1990s.

    He also called the 2019 lawsuit by E. Jean Carroll, a longtime advice columnist for Elle magazine, “a hoax and a lie.”

    The outburst late in the day came hours after U.S. District Judge Lewis A. Kaplan in Manhattan rejected a request by his lawyers to delay a deposition scheduled for Oct. 19.

    Kaplan is presiding over the case in which Carroll said Trump raped her in the dressing room of a Manhattan Bergdorf Goodman store in the mid-1990s. He called the lawsuit “a complete con job.”

    “I don’t know this woman, have no idea who she is, other than it seems she got a picture of me many years ago, with her husband, shaking my hand on a reception line at a celebrity charity event,” Trump said.

    “She completely made up a story that I met her at the doors of this crowded New York City Department Store and, within minutes, ‘swooned’ her. It is a Hoax and a lie, just like all the other Hoaxes that have been played on me for the past seven years,” he said.

    Then he grumbled: “Now all I have to do is go through years more of legal nonsense in order to clear my name of her and her lawyer’s phony attacks on me. This can only happen to ‘Trump’!”

    Carroll is scheduled to be deposed on Friday.

    Roberta Kaplan, Carroll’s attorney, said she was pleased with the judge’s ruling and looked forward to filing new claims next month “and moving forward to trial with all dispatch” after New York state passed the Adult Survivors Act, allowing her to sue for damages for the alleged rape without the statute of limitations blocking it.

    After Trump’s statement was released, a spokesperson for Kaplan’s firm, Kaplan Hecker & Fink, said the “latest statement from Donald Trump obviously does not merit a response.”

    Trump’s legal team has tried various legal tactics to delay the lawsuit and prevent him from being questioned by Carroll’s attorneys. But Judge Kaplan wrote that it was time to move forward, especially given the “advanced age” of Carroll, 78, and Trump, 76, and perhaps other witnesses.

    “The defendant should not be permitted to run the clock out on plaintiff’s attempt to gain a remedy for what allegedly was a serious wrong,” he wrote.

    Carroll’s lawsuit claims that Trump damaged her reputation in 2019 when he denied raping her. Trump’s legal team has been trying to quash the lawsuit by arguing that the Republican was just doing his job as president when he denied the allegations, including when he dismissed his accuser as “not my type.”

    Trump doubled down on the comment in his statement Wednesday, saying: “And, while I am not supposed to say it, I will. This woman is not my type! She has no idea what day, what week, what month, what year, or what decade this so-called ‘event’ supposedly took place. The reason she doesn’t know is because it never happened, and she doesn’t want to get caught up with details or facts that can be proven wrong.”

    Whether Trump will remain the defendant in the original lawsuit is a key question because if Trump was acting within the scope of his duties as a federal employee, the U.S. government would become the defendant in the case.

    The 2nd U.S. Circuit Court of Appeals said in a split decision last month that Trump was a federal employee when he commented on Carroll’s claims. But it asked another court in Washington to decide whether Trump’s public statements occurred during the scope of his employment.

    Kaplan, the judge, said Trump has repeatedly tried to delay the collection of evidence in the lawsuit.

    “Given his conduct so far in this case, Mr. Trump’s position regarding the burdens of discovery is inexcusable,” he wrote. “As this Court previously has observed, Mr. Trump has litigated this case since it began in 2019 with the effect and probably the purpose of delaying it.”

    The judge noted that the collection of evidence for the lawsuit to go to trial was virtually concluded, except for the depositions of Trump and Carroll.

    “Mr. Trump has conducted extensive discovery of the plaintiff, yet produced virtually none himself,” Kaplan said. “Completing these depositions — which already have been delayed for years — would impose no undue burden on Mr. Trump, let alone any irreparable injury.”

    The judge also said the deposition could be useful when Carroll’s lawyer next month files the new lawsuit.

    Whether the rape occurred is central to the defamation claims, as well as the anticipated new lawsuit, the judge said.

    ———

    Associated Press Writer Jill Colvin reported from Washington

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  • Ex-Angels employee gets 22 years in Skaggs overdose death

    Ex-Angels employee gets 22 years in Skaggs overdose death

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    FORT WORTH, Texas — A former Los Angeles Angels employee was sentenced to 22 years in federal prison Tuesday for providing Angels pitcher Tyler Skaggs the drugs that led to his overdose death in Texas.

    Eric Kay, dressed in an orange jumpsuit with handcuffs and leg shackles, didn’t react when U.S. District Judge Terry R. Means read his sentence. Kay faced at least 20 years in prison on one of the two counts.

    There was no reaction from Skaggs’ widow and mother or members of Kay’s family, including one of his sons who read a statement on his behalf before sentencing. A bailiff had warned observers they would be removed from the court over any outbursts.

    Prosecutors presented evidence of Kay, 48, making derogatory comments about Skaggs, his family, prosecutors and jurors in phone calls and emails after he was convicted in February.

    There was emotional testimony from both sides in federal court in Fort Worth, about 15 miles from where the Angels were supposed to open a four-game series against the Texas Rangers on July 1, 2019, the day Skaggs was found dead in a suburban Dallas hotel room.

    Kay was convicted on one count each of drug distribution resulting in death and drug conspiracy. Means recommended Kay serve his time in his home state of California. He has been in prison in Fort Worth since the conviction.

    A coroner’s report said Skaggs, 27, had choked to death on his vomit and that a toxic mix of alcohol, fentanyl and oxycodone was in his system.

    The trial included testimony from five major league players who said they received oxycodone pills from Kay at various times from 2017-19, the years Kay was accused of obtaining pills and giving them to players at Angel Stadium. Kay also used drugs himself, according to testimony and court documents.

    After revealing the sentence, Means said he dreaded this day from the beginning of the case because the 20-year minimum could be considered too harsh for the crime.

    Means said he added two years because of Kay’s comments to his family in jailhouse conversations after the conviction.

    The judge interrupted Kay to quote the former public relations employee as saying in one of those exchanges, “I’m here because of Tyler Skaggs. Well, he’s dead. So (expletive) him.”

    “That’s disgusting,” Kay responded. “I don’t know why I said that. I was mad at the world.”

    Means appeared skeptical, even saying at one point after delivering the sentence that he would probably become a target of Kay’s anger.

    The judge said Kay displayed “a callousness and refusal to accept responsibility and even be remorseful for something that you caused.”

    “Tyler Skaggs wasn’t a perfect person,” the judge said. “But he paid the ultimate price for it.”

    Kay sobbed while one of his three sons spoke to the judge from the lectern in a plea for leniency. Carli Skaggs, the widow, fought back tears much the same way she did when she testified during the trial.

    “Not only am I grieving the loss of my husband,” she said. “I’m grieving the loss of myself.”

    Defense attorney Cody Cofer, who took over after Kay’s two trial lawyers were removed, sought a motion that would have allowed Means to consider a sentence below the 20-year minimum. It was denied.

    “We are very grateful to everyone who worked so hard to investigate and prosecute Eric Kay,” the Skaggs family said in a statement. “Today’s sentencing isn’t about the number of years the defendant received. The real issue in this case is holding accountable the people who are distributing the deadly drug fentanyl.”

    Kay served as the team’s public relations contact on many road trips, and the trip to Texas was his first since returning from rehab. Kay was placed on leave shortly after Skaggs’ death and never returned to the team. He didn’t testify during his trial.

    The government argued at trial that Kay was the only one who could have given Skaggs the drugs that led to his death, that the delivery was in Texas and that fentanyl was the cause of death. Prosecutors say Kay gave Skaggs counterfeit oxycodone pills that contained fentanyl.

    ———

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

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  • Potential jurors questioned in NYC bike path attack trial

    Potential jurors questioned in NYC bike path attack trial

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    NEW YORK — A judge began questioning Tuesday a few of the hundreds of prospective jurors summoned for the trial of a man charged with killing eight people on a New York City bike path in a terror attack five years ago.

    Sayfullo Saipov, 34, who has pleaded not guilty to charges that are eligible for the death penalty, was not in the courtroom for the start of the weekslong process of jury selection.

    The government has not yet said whether it will seek the death penalty if Saipov, an immigrant from Uzbekistan, is convicted on terrorism charges.

    He was charged with driving a truck into people on a bike path near the Hudson River in lower Manhattan on Oct. 31, 2017.

    Saipov emerged from a truck to strike pedestrians with a pellet gun and a paintball gun and shout an Arabic phrase, “Allahu Akbar,” meaning “God is Great,” authorities said. He was shot by a police officer and arrested along the West Side Highway.

    At a June 2018 court appearance, Saipov said through an interpreter that he cared about Allah and the holy war being waged by the Islamic State.

    U.S. District Judge Vernon S. Broderick told potential jurors that if they are chosen, they won’t return for opening statements until late October or early November. The trial could last until the end of January, he said.

    Initially, he is questioning about 15 possible jurors a day among over 700 who filled out questionnaires in August. Some questions focused Tuesday on answers some jurors had given to questions about the death penalty.

    One woman, for instance, said that she doesn’t believe in the death penalty, but that she would keep an open mind and make decisions based on the evidence and the facts.

    “Personally, I don’t believe in it, but if I have to make a decision, I will,” she said.

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  • Supreme Court rejects appeal from Dylann Roof, who killed 9

    Supreme Court rejects appeal from Dylann Roof, who killed 9

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    WASHINGTON — The Supreme Court has rejected an appeal from Dylann Roof, who challenged his death sentence and conviction in the 2015 racist slayings of nine members of a Black South Carolina congregation.

    Roof had asked the court to decide how to handle disputes over mental illness-related evidence between capital defendants and their attorneys. The justices did not comment Tuesday in turning away the appeal.

    Roof fired his attorneys and represented himself during the sentencing phase of his capital trial, part of his effort to block evidence potentially portraying him as mentally ill.

    Roof shot participants at a Bible study session at Mother Emanuel AME Church in Charleston, South Carolina.

    A panel of appellate judges had previously upheld his conviction and death sentence.

    Roof, 28, is on federal death row at a maximum-security prison in Terre Haute, Indiana. He can still pursue other appeals.

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