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From: DOJ Digests < To: Rendon DOJ Alert Desk < Bcc: ' Subject: Afternoon Digest Date: Tue, 14 Apr 2020 19:54:35 +0000 Department of Justice Afternoon News Digest April 14, 2020 04:00 PM EDT TABLE OF CONTENTS I. Afternoon Headlines 2. US Department of Justice News 3. COVID-19 4. Federal Law Enforcement Agencies 5. Immigration & Border Security 6. US Supreme Court 7. Criminal Law 8. Civil Law 9. Abortion Lawsuits 10. Civil Rights 11. Antitrust 12. Environment 13. Criminal Justice/Corrections 14. Marijuana Legalization 15. Administration AFTERNOON HEADLINES • "Governors Push Back at Trump Over Authority to Reopen" [NYT, WaPo LAT, WSJ] • "Trump, Cuomo Clash on Reopening States" [WSJ, NYT, LAT] • "The $1,200 stimulus checks are arriving. People are mostly spending them on food" [WaPo] • "How citizen scientists can help fight COVID-19" [LAT] US DEPARTMENT OF JUSTICE NEWS Fox: "DOJ intervenes in Mississippi drive-in church case, says city's actions 'target religious conduct'," Brooke Singman and Jake Gibson, April 14, 2020, 1:36 PM The Justice Department intervened in a Mississippi church's lawsuit by saying in a court filing that it "strongly suggests that the city's actions target religious conduct" after the church sued police for ticketing congregants during a drive-in service amid coronavirus, Fox News has learned. The Justice Department is siding with Temple Baptist Church in Greenville, Miss., after Greenville police officers began issuing $500 tickets to congregants who refused to leave a parking lot where the church was holding a drive-in service. [Continue Reading] See Also: BuzzFeed CNN The Hill Reuters WaPo The Washington Times EFTA00040853 COVID-19 WaPo: [OPINION] "There's another coronavirus crisis brewing: Fraud," Michael D'Ambrosio and Terry Wade, April 14, 2020, 2:49 PM As the United States and the world grapple with the immediate public health and economic fallout of the coronavirus pandemic, a related crisis has simultaneously emerged: a wave of criminals seeking to prey upon an anxious public. To those of us in law enforcement, this is a situation we anticipated — yet dreaded. Swindles, scams and outright thefts have long been features of major disasters. [Continue Reading] WIAT-CBS (Birmingham, AL): [VIDEO] "US Attorney Jay Town warns public about rise of coronavirus scams in Alabama," Unattributed, April 14, 2020, 2:48 PM (EDT) As more people are becoming more aware of their hygiene in the midst of the coronavirus pandemic, U.S. Attorney Jay Town is reminding people they should also be aware of people trying to take advantage of them. In an interview with CBS 42's Alissa Rothermich Tuesday morning, Town said there are plenty of scams going around by people trying to take advantage of the public over the viral outbreak. [WATCH] Reuters: "Ex-Trump campaign manager Manafort seeks home confinement, as COVID-19 spreads in prisons," Sarah N. Lynch, April 14, 2020, 2:12 PM President Donald Trump's former campaign manager, Paul Manafort, became the latest high-profile federal inmate to request release on home confinement due to the coronavirus outbreak, according to an April 13 letter seen by Reuters. In the letter, Manafort's attorneys ask the Bureau of Prisons director and the warden at FCI Loretto in Pennsylvania to let Manafort serve the remainder of his 7-1/2-year prison term at his home in Virginia, saying he is at a greater risk of complications if he contracts COVID-19, the potentially lethal respiratory illness caused by the coronavirus. [Continue Reading] See Also: Courthouse News Service The Hill WaPo The Washington Times WAMU-FM (Washington, DC): "Home Confinement, Other Halfway Houses, Or Federal Prison Lie Ahead For D.C. Halfway House Residents," Jenny Gathright, April 14, 2020, 2:00 PM Employees of the Federal Bureau of Prisons are meeting with people incarcerated at the Hope Village halfway house on Tuesday to discuss where they will go, now that the company that runs the facility has decided to cease operations. Hope Village Inc., which has provided halfway house services in the city for decades, will not extend or renew its contract with the BOP after it expires on April 30. Most of the men in the facility are finishing federal prison sentences and are within six months of release. [Continue Reading] KXXV-ABC (Waco, TX): "FBI and IRS warn public against scams claiming to track your stimulus check," Lindsay Liepman, April 14, 2020, 1:29 PM (EDT) [...] "The scum that take advantage at a time like this will find the weight of federal law enforcement on them," said US Attorney of the Southern District of Texas Ryan Patrick. On Thursday, the IRS will allow you to track your stimulus payment on its Coronavirus Tax Relief Page. [Continue Reading] KFOR-NBC (Oklahoma City, OK): "As stimulus checks arrive, IRS urging Americans to be aware of scams," K. Butcher, April 14, 2020, 1:29 PM (EDT) [...] Unsolicited phone calls, emails, text messages, or other communications pretending to be from the IRS are likely a scam. "We will work with IRS-CI to vigorously pursue anyone who tries to cheat or scam Oklahomans out of their much-needed stimulus money," said U.S. Attorney Downing. "Any fraudster who is thinking about engaging in related criminal conduct should think again. We will hold them accountable to the fullest extent possible." [Continue Reading] WKBW-ABC (Buffalo, NY): "Buffalo woman accused of spitting on USPS worker at post office, claiming she had COVID-19," Megan Erbacher, April 14, 2020, 11:33 AM EFTA00040854 A Buffalo woman has been charged with assault of a federal employee and threatening to assault a federal employee, after prosecutors say she spat on a United States Postal Service worker and threatening to cough on him to give him the coronavirus. According to court documents, on March 19, 39-year-old Melissa C. Daniels-Johnson of Buffalo entered the postal parking lot at the Cheektowaga Post Office on Galleria Drive using the exit lane. [Continue Reading] See Also: The Post-Journal (Jamestown NY) WaPo: "Man charged in fatal stabbing is D.C. jail's first inmate to die from covid-19," Keith L. Alexander, April 14, 2020, 10:10 AM It was just a matter of time, defense attorneys and criminal justice reform advocates in the District have said. The D.C. jail on Monday announced that an inmate who tested positive for the novel coronavirus had died, marking the first in-custody death at the facility that has been attributed to covid- 19. [Continue Reading] The Columbus Dispatch (Columbus, OH): "Fourth inmate at Ohio federal prison in Elkton dies from coronavirus," Shane Hoover, April 14, 2020, 9:55 AM A fourth inmate from the Federal Correctional Institution in Elkton died Monday from the coronavirus. Alvin Turner, 43, died at a local hospital where he had been receiving treatment since April 3. He had been on a ventilator for a week and tested positive for COVID-19, according to a press release from the Federal Bureau of Prisons. [Continue Reading] See also: Cleveland.com Nevada Public Radio: "New Task Force Created To Fight COVID-19 Fraud," Unattributed, April 14, 2020, 9:29 AM (EDT) The attorney general and the U.S. attorney have formed new task force to fight COVID-19 scams and fraud. Nevada Attorney General Aaron Ford and U.S. Attorney Nicholas Trutanich. announced the new task force Monday. [Continue Reading] Forbes: "Bureau Of Prisons Implements Phase Six Action Plan, No Mention Of Inmate Releases," Walter Pavlo, April 14, 2020, 8:48 AM The Federal Bureau of Prisons is implementing Phase Six of its Action Plans to address COVID-19, which looks like Phase Five with and extended date until May 18, 2020, "at which time the action will be reevaluated." Look for an extension. While there has been widespread reporting that the BOP has taken action to release some minimum security inmates from prison camps, there has yet to be a large scale release of those inmates. [Continue Reading] WSJ: "Prisoner Release Orders Spur Debate, Pitting Public Health Against Public Safety," Sadie Gurman and Zusha Elinson, April 14, 2020, 8:41 AM Prison and jail officials trying to stem the spread of the new coronavirus behind bars are releasing thousands of prisoners to await trial or serve their sentences at home, spurring a debate over public health versus public safety—and producing some seemingly inconsistent outcomes. Rufus Rochell, 68, who is serving a 35-year sentence for a drug conviction, said he expects to be released from a federal prison in Florida as soon as Tuesday to serve the rest of his term at his sister's home. [Continue Reading] CNN: "Feds uncover an alleged scheme to fraudulently sell 39 million N95 respirator masks to US hospitals," Josh Campbell, April 14, 2020, 8:30 AM Federal law enforcement has disrupted a foreign criminal scheme to fraudulently sell 39 million N95 respirator masks to US health care workers, a Justice Department official said in an interview with CNN. Scott Brady, the United States Attorney for the Western District of Pennsylvania, told CNN the Justice Department has launched an investigation into two foreign entities suspected of trying to defraud US health care companies out of millions of dollars as they work to respond to the growing number of coronavirus patients. [Continue Reading] EFTA00040855 WITF-NPR (Harrisburg, PA): "Federal inmates left behind amid releases from Allegheny county jail," An-Li Herring, April 14, 2020, 8:22 AM [...] About 250 of the county jail's roughly 1,680 inmates are being held by federal authorities as they are tried in federal court. But while local officials have acted to release hundreds of prisoners due to fears of the coronavirus, there has been less movement at the federal level. [Continue Reading] FEDERAL LAW ENFORCEMENT AGENCIES Daily Voice (West Orange, NY): "FBI Offers $10K Reward In Town Of Orange County State Police Murder Probe," Zak Failla, April 14, 2020, 3:16 PM A $10,000 reward has been offered by the FBI as they attempt to locate a man who has been on the run since allegedly being involved in a fatal shooting in the Hudson Valley late last year. New York State Police and the FBI Hudson Valley Safe Streets Task Force are attempting to locate Middletown resident Jamaad Murphy, 26, a fugitive who is wanted for questioning following a shooting outside an Orange County restaurant on Nov. 3 last year. [Continue Reading] Reuters: "Brazil cocaine trafficker nabbed in Mozambique as gang expands," Unattributed, April 14, 2020, 2:49 PM [...] In its statement, Brazil's federal police said the operation to catch dos Santos also involved the U.S. Drug Enforcement Administration, the U.S. Department of Justice and the Mozambique police. The federal police also accused dos Santos of allegedly financing a rescue plan for PCC boss Marcos Willians Camacho, or "Marcola," who is in a federal jail in Brasilia. The alleged plan prompted Brazilian authorities to heighten security at the jail in February, the statement said. [Continue Reading] UPI: "OIG probe: FBI analyst knowingly possessed child pornography," Sommer Brokaw, April 14, 2020, 2:00 PM The Department of Justice Office of the Inspector General said Tuesday that its investigation found that an FBI supervisory intelligence analyst knowingly possessed child pornography. The probe started after the Federal Bureau of Investigation Inspection Division alleged the SIA had stated in a routine FBI security inquiry that he had obtained child pornography online and viewed it several years ago, the Department of Justice OIG said in a statement. [Continue Reading] See also: Daily Caller, The Hill KRQE-CBS/Fox (Albuquerque, NM): "FBI Albuquerque to host live Twitter chat on recruitment," Unattributed, April 14, 2020, 10:09 AM (EDT) The FBI's Albuquerque Division will be hosting a live Twitter chat on Wednesday, April 15 at noon that will highlight recruitment. The public will be able to have their questions answered by FBI recruiters regarding required qualifications needed to become an FBI Special Agent in addition to other information on professions such as intelligence analysts, IT specialists, linguists, and computer scientists. Those interested can submit their questions to @FBIAlbuquerque using the hashtag ffAskFBI. [Continue Reading] WENY-ABC/CBS (Elmira, NY): "Fugitive arrested in Corning," Olivia Jaquith, April 14, 2020, 9:36 AM A wanted fugitive is behind bars in Chemung County Jail after an investigation by the New York State Parole and U.S. Marshals. Members of the Corning Police Department, U.S. Marshals, NYS Parole, and New York State Police captured Christian J. Smith, 31, yesterday around 4 p.m. from a residence at 192 Chestnut Street in the City of Corning where he was hiding. [Continue Reading] See Also: WETM-NBC (Elmira NY) WBBM-FM (Chicago, IL): "$25K Reward Offered In Robbery Of Logan Square Postal Worker," Unattributed, April 14, 2020, 8:43 AM (EDT) EFTA00040856 Federal authorities are offering a reward for information on suspects who stole keys from a U.S. Postal Service employee last month in Logan Square on the Northwest Side. Two males wearing face masks robbed the letter carrier at about 1 p.m. March 31 in the 1900 block of North Albany Avenue, according to a statement from the U.S. Postal Inspection Service. [Continue Reading] IMMIGRATION & BORDER SECURITY Fox: "Border wall construction surpasses 150 miles: CBP," Adam Shaw, April 14, 2020, 11:30 AM The construction of the wall at the southern border has been continuing despite the shutdown of much of daily life due to the coronavirus -- with Customs and Border Protection (CBP) announcing this week that more than 150 miles of new wall have been built. According to CBP statistics, 156 miles of new primary and secondary border wall system have been constructed since January 2017. [Continue Reading] WOAI-NBC (San Antonio, TX): "Border Patrol agents prevent large human smuggling attempt," Andrea Carden, April 14, 2020, 10:53 AM (EDT) A large human smuggling attempt was prevented by U.S. Border agents early Monday morning just north of Laredo. Agents stopped a white tractor that was hauling a white trailer at mile marker 31 and brought in a service canine to take a closer look. The canine alerted the agents to the trailer, so it was opened and 28 people were found inside. [Continue Reading] US SUPREME COURT Daily Business Review: "Florida Looks to US Supreme Court in Water Dispute With Georgia," Jim Saunders, April 14, 2020, 11:59 AM Warning that a special master's recommendation would "spell doom" for the Apalachicola River, Florida wants the U.S. Supreme Court to require Georgia to share more water in a river system that links the two states. [Continue Reading] See also: WMBB-ABC (Panama City FL) Axios : "Supreme Court leaves Oracle-Google dispute in limbo," Scott Rosenberg, April 14, 2020, 10:17 AM A long-running legal showdown between Oracle and Google over whether common interfaces between software programs can be protected by copyright looks like it will drag on for months longer. Driving the news: The U.S. Supreme Court announced Monday it would take up a handful of cases from its spring term docket via teleconference, meaning those cases — including several relating to President Trump's business records — could be decided on their original schedule, despite the disruptions of the coronavirus shutdown. [Continue Reading] CRIMINAL LAW New York Daily News: "Online drug dealer accused of developing detailed plot to bomb Nebraska pharmacy," Jessica Schladebeck, April 14, 2020, 12:35 PM An online drug dealer who recently bragged about his thriving business despite the coronavirus pandemic was allegedly developing extensive plans to bomb and burn down a competing pharmacy in Nebraska, an FBI agent testified. William Burgamy was arrested Thursday and charged with illegal distribution of controlled substances and money laundering in U.S. District Court. [Continue Reading] Rockland Journal News (Rockland, NY): "Lawyer wants body of Josef Neumann, Monsey machete victim, exhumed for autopsy," David Propper, April 14, 2020, 12:32 PM EFTA00040857 The attorney representing the man accused of going on an anti-Semitic slashing spree at a Hanukkah party wants the body of one of his victims exhumed and examined, according to court documents. Michael Sussman, representing Grafton Thomas, who is facing a slew of charges connected to the Dec. 28 attack, wants Josef Neumann's body to be dug up to undergo an autopsy. [Continue Reading] WAGA-FOX (Atlanta, GA): "Atlanta public corruption trial put on hold because of coronavirus," Dale Russell, April 14, 2020, 10:00 AM Mitzi Bickers was the first person charged in the federal investigation of Atlanta City Hall to plead not guilty, she was set to face a jury today. Two years ago, a federal grand jury indicted Ms. Bickers on conspiracy to accept bribes, accusing her of helping steer $17 million dollars in contracts to two construction vendors who earlier pleaded guilty. [Continue Reading] Lexology: "Second Circuit Denies Rehearing in Key Insider Trading Case," Roberto Finzi, Udi Grofman , Brad S. Karp, Daniel J. Kramer, Lorin L. Reisner, Kannon K. Shanmugam, Brette Tannenbaum, Richard C. Tarlowe, Theodore V. Wells Jr., April 14, 2020, 8:00 AM On April 10, 2020, the United States Court of Appeals for the Second Circuit denied the defendants' petition for rehearing or rehearing en banc in United States v. Blaszczak, a key insider trading decision issued by the Court at the end of 2019. In Blaszczak, the Court affirmed (in a 2-1 decision) the guilty verdicts of four defendants convicted for their roles in an alleged insider trading scheme involving a hedge fund's use of political intelligence. [Continue Reading] Bloomberg Law: "How to Stay SEC-Compliant After Virus Brings Bad Market News," Charles D. Riely, Reid J. Schar, Jeffrey R. Shuman, April 14, 2020, 4:00 AM Many public companies are facing a familiar problem after the market decline caused by the coronavirus pandemic: How to handle material nonpublic information when the company has bad news. Bad news, especially at a time of general market uncertainty, presents a heightened risk that companies will run afoul of their obligations under Regulation Fair Disclosure (preventing selective disclosure) and that insiders will violate the insider trading laws. [Continue Reading] CIVIL LAW Law 360: "Robinhood Users Get Service Outage Suit Moved To Calif.," Unattributed, April 14, 2020, 2:54 PM A suit against fintech company Robinhood over service outages will be transferred from federal court in Tampa, Florida, to California, a Florida federal judge said Monday. U.S. District Judge Charlene Edwards Honeywell's Apr. 13 order grants a joint motion for transfer of venue that was filed in the case by plaintiffs Travis Taaffe and Jared Ward and a trio of entity defendants, Robinhood Markets Inc, Robinhood Financial LLC and Robinhood Securities LLC. In the April 9 transfer motion [Continue Reading] Bloomberg Law: "Lyft Restricts App Access to Lower Driver Pay, New Lawsuit Says," Kathleen Dailey, April 14, 2020, 2:44 PM A Lyft Inc. driver in New York City claims the ride-sharing company intentionally restricts drivers' access to the mobile app in order to drastically reduce their hours and earnings, according to a lawsuit filed in federal court. Mohammed Islam sued Lyft on behalf of all NYC drivers, alleging that they're subjected to unlawful policies that constitute a material breach of their contracts. [Continue Reading] The Salt lake Tribune (Salt Lake City, UT): "Gubernatorial candidate Jan Garbett sues state over signature gathering rules," Taylor Stevens, April 14, 2020, 2:40 PM Businesswoman and gubernatorial hopeful Jan Garbett filed a lawsuit against state leaders on Tuesday after she was rejected from a spot on June's primary election ballot for failing to gather enough signatures to secure her place by Monday's deadline. In the 15-page lawsuit filed in U.S. EFTA00040858 District Court, Garbett argues that if not for the "unprecedented limitations" the state imposed in response to the coronavirus, she would have met the threshold required. [Continue Reading] Law 360: "Transpo Outfit Strikes $2.5M Deal To Park Driver Break Suit," Unattributed, April 14, 2020, 1:57 PM A California federal judge greenlighted a $2.5 million deal to end a class action accusing transportation company First Transit Inc. of violating state law by failing to provide hundreds of paratransit workers proper rest periods. U.S. District Judge Cathy Ann Bencivengo on Monday granted final approval to the settlement, which would resolve a suit from a class of First Transit paratransit bus drivers claiming the company flouted California law by not providing them with 10-minute rest breaks for every four hours they worked. [Continue Reading] Law 360: "Assets Frozen In Crypto Suit Against Ex-Wash. State Senator," Unattributed, April 14, 2020, 1:56 PM The U.S. Securities and Exchange Commission has secured an asset freeze in its suit against an ex- Washington state senator and two others who it says fraudulently raised over $4.3 million by selling a purported cryptocurrency known as Meta 1 Coin. After winning an emergency temporary restraining order against former Washington state legislator David Schmidt, Robert Dunlap and Nicole Bowdler last month, the SEC obtained a preliminary injunction from a Texas federal judge Monday freezing the alleged co-conspirators' assets and prohibiting the destruction of evidence. [Continue Reading] The Daily Mail: "Jeffrey Epstein victim loses her bid to challenge the dead pedophile's sweetheart deal," Cheyenne Roundtree, April 14, 2020, 1:52 PM A Jeffrey Epstein victim has lost her bid to challenge the non-prosecution deal the dead pedophile made back in 2007 with federal prosecutors in Florida, a court ruled today. Courtney Wild had filed suit to appeal the sweetheart deal, which allowed Epstein to avoid federal sex trafficking charges and plead guilty to lesser state charges, including soliciting a minor for prostitution. [Continue Reading] Golf: "PGA Tour responds to Hank Haney suit: firing was because of 'own actions'," Rex Hoggard, April 14, 2020, 12:00 PM Almost five months after Hank Haney filed his lawsuit in the U.S. District Court's southern district of Florida, claiming the PGA Tour interfered with his contract with Sirius XM Radio, the circuit filed its response on Monday. The Tour denied Haney's claims that the circuit "improperly intimidated, enticed and threatened Sirius XM Radio" to have the radio host fired following racially insensitive comments prior to the 2019 U.S. Women's Open. [Continue Reading] The Hollywood Reporter: "Court Rules Photographer Gave Up Exclusive Licensing Rights By Posting on Instagram," Eriq Gardner, April 14, 2020, 11:40 AM When it comes to appropriating images found online, the situation is understandably confusing. If an individual posts something on social media, does that give someone else the right to use it in a different forum? [Continue Reading] Bloomberg Law: "Lawyer With Covid-19 Requests Delay in Bud Light Ad Argument," Blake Brittain, April 14, 2020, 11:22 AM One of Anheuser-Busch's lawyers asked the Seventh Circuit for a new oral argument date in its case against MillerCoors over a Bud Light Super Bowl ad campaign, telling the court he'd tested positive for Covid-19. Dowd Bennett LLP's James F. Bennett told the court Monday that his condition is improving, but asked the court to delay the argument until at least April 28 based on the St. Louis Health Department's restrictions on his movements. [Continue Reading] KTTV-FOX (Los Angeles, CA): "Coronavirus Crisis: Judge turns to safe RV parking for Skid Row homeless," Unattributed, April 14, 2020, 11:14 AM EFTA00040859 A federal judge whose close attention to the lack of working sanitation facilities on Skid Row in response to the coronavirus threat resulted in the quick installation of dozens of new toilets and sinks is expected to focus Tuesday on the scarcity of safe parking for the homeless living downtown in campers. U.S. District Judge David Carter has asked attorneys for the city of Los Angeles and county - - participants in a lawsuit involving homelessness on Skid Row and the spread of COVID-19 -- to discuss designated areas for recreational vehicle parking in the 50-block area and present possible options at a hearing Tuesday. [Continue Reading] Bloomberg Law: "Patagonia Settles With Maker of Pro-Oil `Petrogonia' Clothing," Blake Brittain, April 14, 2020, 9:43 AM Environmentally conscious outdoor clothing maker Patagonia Inc. settled its trademark claims in Los Angeles against a company that sold pro-oil "Petrogonia" clothing. Patagonia told the U.S. District Court for the Central District of California about the settlement in a Monday filing. [Continue Reading] Bloomberg Law: "AECOM Dodges False Claims Suit Alleging Afghanistan Overbilling," Daniel Seiden, April 14, 2020, 9:29 AM A whistleblower failed to adequately accuse AECOM of violating the False Claims Act by improperly billing the Army under a vehicle maintenance contract performed in Afghanistan, a New York federal court said. Hassan Foreman, a former AECOM finance supervisor, didn't show that AECOM's allegedly false certifications about the accuracy of claimed labor costs were material to the Army's payment decisions, Judge Louis L. Stanton of the U.S. District Court for the Southern District of New York said Monday. [Continue Reading] Reuters: "Harvard professor withdraws NY Times defamation lawsuit over Jeffrey Epstein story," Jonathan Stempel, April 14, 2020, 2:22 AM A prominent Harvard Law School professor on Monday withdrew a lawsuit accusing The New York Times of "clickbait defamation" concerning his views toward the late financier Jeffrey Epstein, after the newspaper made changes to the online article that prompted the case. Lawrence Lessig had objected to the Sept. 14, 2019 article "A Harvard Professor Doubles Down: If You Take Epstein's Money, Do It In Secret," saying it falsely suggested he once approved of accepting donations from Epstein, a registered sex offender. [Continue Reading] ABORTION LAWSUITS Bloomberg Law: "Louisiana Covid-19 Order Challenged by Abortion Providers," Mary Anne Pazanowski, April 14, 2020, 1:45 PM Abortion providers in Louisiana are suing the state's health department and attorney general over a coronavirus-related order that officials allegedly are threatening to use to ban the procedure. The order, entered by the Louisiana Department of Health March 21, doesn't specifically address abortion. It directs medical providers to postpone nonessential procedures during the pandemic to promote social distancing and maintain critical medical supplies. [Continue Reading] The Dallas Morning News: "Federal appeals court allows Texas providers to offer medication abortions during pandemic," Maria Mendez, April 14, 2020, 10:32 AM The 5th Circuit Court of Appeals will allow medically induced abortions, which only require pills, to be offered in Texas, according to one of the plaintiffs in a pending lawsuit over a coronavirus emergency executive order that halted most abortions. Amy Hagstrom Miller, CEO and president of Whole Woman's Health clinics, said on Twitter late Monday night that the 5th Circuit Court of Appeals gave abortion providers "medication abortion back," effective immediately. [Continue Reading] Tulsa World (Tulsa, OK): "Appeals court declines to take up abortion dispute in Oklahoma," Nolan Clay, April 14, 2020, 11:03 AM EFTA00040860 A federal appeals court Monday night dismissed a challenge to a ruling that let medication abortions and certain surgical ones continue in Oklahoma during the coronavirus crisis. Oklahoma officials were challenging a ruling last week in Oklahoma City federal court, but the 10th U.S. Circuit Court of Appeals refused on a technicality to consider the issue. [Continue Reading] See also: Bloomberg Law CIVIL RIGHTS WSJ: "Political Consultants Sue for Access to Small Business Loans," Brody Mullins, Ted Mann, April 14, 2020, 12:56 PM A trade association of political consultants is suing the Trump administration, arguing that the Small Business Administration is violating the First Amendment rights of its members by barring pollsters, lobbyists and campaign operatives from receiving emergency loans. At issue for the political consulting industry are a few words in the $2 trillion economic recovery legislation approved by Congress, as well as existing federal rules, that prohibit certain industries from applying for loans from the government. [Continue Reading] Lansing State Journal (Lansing, MI): "Lawsuit: McLaren Greater Lansing failed to provide deaf woman an interpreter, violated federal law," Megan Banta, April 14, 2020, 12:38 PM Staff at McLaren Greater Lansing violated the Americans with Disabilities Act when they failed to provide a woman with an American Sign Language interpreter, a woman claims in a federal lawsuit. Christine Ketola, who is deaf, was transferred from another hospital to McLaren Greater Lansing in October 2019 for abdominal pain. [Continue Reading] ANTITRUST Bloomberg Law: "Antitrust Suit Over Fracking Technology Patent Tossed in Texas," Mike Leonard, April 14, 2020, 1:20 PM Chandler Manufacturing LLC, which specializes in heating large water tanks used for fracking, failed to prove that rival Phoenix Services LLC drove one of its products out of the market by getting a bogus patent and asserting it in bad faith, a Texas federal judge ruled. The antitrust lawsuit accused Phoenix of concealing, as part of the patent process, the prior commercial use of a proprietary water heating system by subsidiary Heat On-The-Fly LLC. [Continue Reading] Bloomberg Law: "Axon Appeals Loss in Case Challenging FTC's Antitrust Powers," Victoria Graham, April 14, 2020, 11:38 AM Axon Enterprise Inc. will seek to appeal a federal court ruling that dismissed the police equipment maker's case challenging the Federal Trade Commission's structure. Judge Dominic Lanza of the U.S. District Court for the District of Arizona threw out Axon's case April 8 after ruling that the company must first proceed through the FTC's internal administrative court before attempting to challenge the agency through federal court proceedings. [Continue Reading] Reuters: "Grubhub, DoorDash, Postmates, Uber Eats are sued over restaurant prices amid pandemic," Unattributed, April 14, 2020, 8:57 AM GrubHub, DoorDash, Postmates, and Uber Eats were sued on Monday for allegedly exploiting their dominance in restaurant meal deliveries to impose fees that consumers ultimately bear through higher menu prices, including during the coronavirus pandemic. In a proposed class action filed in Manhattan federal court, three consumers said the defendants violated U.S. antitrust law by requiring that restaurants charge delivery customers and dine-in customers the same price, while imposing "exorbitant" fees of 10% to 40% of revenue to process delivery orders. [Continue Reading] ENVIRONMENT EFTA00040861 WaPo: "Judge dismisses third — and final — lawsuit against Purple Line project," Katherine Shaver, April 14, 2020, 1:14 PM A federal judge in Maryland has rejected the third and final lawsuit brought by opponents of the state's Purple Line project. In a 21-page ruling issued Monday, U.S. District Judge James K. Bredar rejected the opponents' arguments that the U.S. Army Corps of Engineers had improperly allowed construction crews to discharge dredge and fill into local streams. [Continue Reading] CRIMINAL JUSTICE/CORRECTIONS AP: "Former South American soccer boss will remain in US prison," Ronald Blum, April 14, 2020, 11:31 AM The former head of South American soccer will remain in a U.S. prison. A federal judge on Tuesday denied the request by Juan Angel Napout to be released on bail, four days after she rejected his application for compassionate release. [Continue Reading] MARIJUANA LEGALIZATION Rolling Stone: "During COVID-19, Marijuana Is 'Essential' — But Essential for Who?," Mary Jane Gibson, April 14, 2020, 2:12 PM As the coronavirus spread across the country in March, and stay-at-home orders began to go into effect, every state with a regulated cannabis system allowed weed sales to continue in some form, deeming medical-marijuana businesses essential during the pandemic, along with groceries and pharmacies. This, The New York Times declared, was "official recognition that for some Americans, cannabis is as necessary as milk and bread." [Continue Reading] Marijuana Moment: "DEA Seized More Marijuana Plants In 2019, But Arrests Fell," Kyle Jaeger, April 14, 2020, 12:00 PM The Drug Enforcement Administration (DEA) seized more than four million marijuana plants last year, according to a new annual report from the agency. That marks a nearly 43 percent increase from 2018 figures. However, while that change is significant, it doesn't necessarily reflect an expansion of DEA's Domestic Cannabis Eradication/Suppression Program (DCE/SP), as the number of arrests made and grow sites targeted declined. [Continue Reading] ADMINISTRATION Politico: "FEMA ships out nearly 20 million hydroxychloroquine tablets," Betsy Woodruff Swan, April 14, 2020, 2:28 PM The Strategic National Stockpile has sent out 19.1 million tablets of hydroxychloroquine, the malaria drug that some doctors have prescribed to Covid-19 patients, a spokesperson for the Federal Emergency Management Agency confirmed. The tablets, sent out in two shipments, are heading to cities around the country. [Continue Reading] AP: "Fauci: 'We're not there yet' on key steps to reopen economy," Lauran Neergaard and Julie Pace, April 14, 2020, 1:48 PM Dr. Anthony Fauci, the government's top infectious disease expert, said Tuesday the U.S. does not yet have the critical testing and tracing procedures needed to begin reopening the nation's economy, adding a dose of caution to increasingly optimistic projections from the White House. "We have to have something in place that is efficient and that we can rely on, and we're not there yet," Fauci said in an interview with The Associated Press. [Continue Reading] EFTA00040862 The Washington Times: "Jeff Sessions says he has no regrets leaving the Senate, will work well with Trump," Jeff Mordock, April 14, 2020, 11:45 AM Jeff Sessions said Tuesday he has no regrets about leaving the U.S. Senate to serve as President Trump's first attorney general despite spending most of his tenure defending himself against personal attacks from the president. "No, you don't regret things like that," Mr. Sessions said in an interview with radio talk show host Hugh Hewitt. [Continue Reading] Bloomberg: "Trump Eases PPE Export Ban With Canada, Mexico Exemptions," Jenny Leonard, April 14, 2020, 11:30 AM The Trump administration eased a ban on exports of personal protective equipment, with the list of exemptions growing after lawyers laid out the shortcomings of the rules, people familiar with the situation said. Exports to Canada, Mexico and U.S. entities such as military bases abroad are among the exemptions, according to an internal Customs and Border Protection memo obtained by Bloomberg News. [Continue Reading] The Hill: "Court blocks Trump administration rollback of some school nutrition standards," Marty Johnson, April 14, 2020, 9:11 AM A federal court on Monday blocked a Trump administration rollback of nutrition guidelines for the National School Lunch Program. The District Court of Maryland ruled that the standards reductions initiated by Agriculture Secretary Sonny Perdue in 2018 violated the Administrative Procedure Act (APA) — the law that regulates how federal agencies develop and issue regulations. [Continue Reading] See also: NYT END RENDON Media News Alert Notice: This RENDON product is distributed as part of a deliverable for the DOJ News Clipping Service Solicitation 15.IPSS I 8RQZM00005 for for The original recipient is currently subscribed to doj•digests as: To unsubscribe, please emai will be processed within 7 business days. with "UNSUBSCRIBE ME" in the subject line. Your request EFTA00040863