Posts tagged with "Lawsuit"

Elon Musk’s Boring Company ditches plans for Sepulveda tunnel

November 29, 2018

The Boring Company—the brainchild of Tesla founder Elon Musk—has ditched its plans to build a massive, 2.7-mile subterranean tunnel under the Westside of Los Angeles.

However, the company intends to continue “play ball”—with a number of other projects in the works, including an underground tunnel called the Dugout Loop for fans going to games at Dodger Stadium.

In addition, The Boring Company still has a Test Tunnel in the works, which would run for about two miles from a parking lot at Musk’s SpaceX headquarters in Hawthorne, the company’s website said.

The abandoned Sepulveda tunnel—which had been intended to alleviate surface traffic on bumper-to-bumper California highways and streets—would have run from a Boring Company property on Sepulveda Boulevard to Washington Boulevard in Culver City, ABC News reported on November 27. The company came up with the idea for the project in 2017.

The company withdrew plans for the Sepulveda test tunnel this week, after several residents’ groups, led by the Brentwood Residents Coalition, brought suit against the City of Los Angeles over its plan to exempt the project from environmental reviews.

ABC local news in California (KABC) ran a statement provided by the Boring Company on November 27: “”The parties (The Boring Company, Brentwood Residents Coalition, Sunset Coalition, and Wendy-Sue Rosen) have amicably settled the matter of Brentwood Residents Coalition et al. v. City of Los Angeles (TB- The Boring Company). The Boring Company no longer seeks the development of the Sepulveda test tunnel and instead seeks to construct an operational tunnel at Dodger Stadium.”

Research contact: ama@businessinsider.com

Florida recount: Judge defeats efforts to ‘throw shade’ at 4,000 Sunshine State voters

November 16, 2018

Efforts in The Sunshine State to “throw some shade” on voters who sent their ballots through the mail—many of them, members of the military—or who cast their ballots provisionally, or with questionable signatures, were defeated by Judge Mark Walker of the U.S. District Court of Tallahassee on November 15, the Washington Post reported.

Deprive The decision to provide two more days to count at least 4,000 more ballots came hours ahead of the Thursday afternoon deadline for elections officials to complete a machine recount—against which President Donald Trump and Florida’s Republican candidates already had been chafing.

Indeed, Trump tweeted early on November 12 that the races should be called immediately: “The Florida Election should be called in favor of Rick Scott [running against Democratic incumbent Bill Nelson for the U.S. Senate] and Ron DeSantis [running against Tallahassee Democratic Mayor Andrew Gillum for Florida governor] in that large numbers of new ballots showed up out of nowhere, and many ballots are missing or forged. An honest vote count is no longer possible—ballots massively infected. Must go with Election Night!”

It was not clear how the judge’s decision would affect the timing of the recount, which was expected to move to a manual canvass today in the too-close-to-call Senate race, in which Scott leads Nelson by fewer than 13,000 votes (0.15 percentage points).

Unofficial results in the gubernatorial race showed Republican former Congressman Ron DeSantis leading Andrew Gillum by nearly 34,000 votes—or roughly 0.4 percentage points.

According to the Post, while the ruling gave Nelson an opportunity to close the numbers gap, it fell short of the more sweeping decision his lawyers sought. In a blow to the campaign, Judge Walker declined Nelson’s request to count all ballots with mismatched signatures, sight unseen.

But, in his ruling, Judge Walker was very clear about the “irreparable injury” that had been inflicted on the constitutional rights of citizens “to cast their ballots and have them counted.”

He noted, “the precise issue in this case is whether Florida’s law that allows county election officials to reject vote-by-mail and provisional ballots for mismatched signatures–with no standards, an illusory process to cure, and no process to challenge the rejection—passes constitutional muster. The answer is simple. It does not.”

Specifically, the Post reported, Judge Walker noted that while the deadline to submit a mail-in ballot was 7 p.m. Election Day, the deadline to “cure” a mismatched signature was 5 p.m. Monday, the day before — meaning those voters not notified, or notified too late, had no recourse.

In his ruling, Walker said the plaintiffs, the Florida Democratic Party and the Nelson campaign, had established “irreparable injury” to the constitutional right of citizens “to cast their ballots and have them counted.” Specifically, Walker noted that while the deadline to submit a mail-in ballot was 7 p.m. Election Day, the deadline to “cure” a mismatched signature was 5 p.m. Monday, the day before — meaning those voters not notified, or notified too late, had no recourse.

State law requires canvassing boards to notify voters “immediately” if they determine that a mail-in ballot contains a signature inconsistent with the one on file.

“Here, potentially thousands of voters have been deprived of the right to cast a legal vote — and have that vote counted — by an untrained canvassing board member based on an arbitrary determination that their respective signatures did not match,” wrote the judge “Such a violation of the right to vote cannot be undone.”

He concluded, “This Court … is NOT ordering county canvassing boards to count every mismatched vote, sight unseen. Rather, the county supervisors are directed to allow those voters who should have had an opportunity to cure their ballots in the first place to cure their votes-by-mail and provisional ballots now,” he wrote.

Marc Elias, Nelson’s lead recount attorney, praised the ruling. “We look forward to ensuring that those voters who cast lawful ballots have them counted,” he said in an email to the DC-based news outlet.

Scott’s campaign said it was appealing the decision. “We are confident we will prevail,” said campaign spokesperson Lauren Schenone in a statement.

As recounts continue, the Post pointed out that the stakes are high: The Florida Senate race will determine the size of the GOP’s majority in 2019 and shape the power structure in the nation’s largest swing state. Together, the two sides have racked up at least 10 lawsuits trying to gain a legal advantage in the recount.

Research contact: @WaPoSean

CNN sues Trump and White House aides for pulling Acosta’s press pass

November 14, 2018

CNN on November 13 filed a lawsuit against the President Donald Trump and several of his aides—including Chief of Staff John Kelly, Deputy Chief of Staff Bill Shine, Press Secretary Sarah Huckabee Sanders, Director of the U.S. Secret Service Randolph Alles, and Secret Service Agent “John Doe” in his official capacity—in the U.S. District Court for the District of Columbia, demanding that the press credentials of Chief White House Correspondent Jim Acosta be restored, the network reported.

“The suit escalates a long-running feud between President Trump and CNN and could test the limits of the president’s ability to crack down on news organizations whose coverage he does not like,” CNN said.

According to the terms of the complaint, Acosta has covered the White House since 2012 and, since 2013, has possessed press credentials—often called a “hard pass”—that allow him regular and unescorted access to White House briefings. However, on November 7, the defendants “revoked Acosta’s White House credentials because, in the president’s own words, Acosta failed ‘to treat the White House with respect’” at a briefing.

What’s more, the suit alleges “the revocation of Acosta’s credentials is only the beginning; as the president explained there ‘could be others also’ who get their credentials revoked.”

In the suit, the cable news network accuses Trump and other administration officials of violating Acosta’s First and Fifth Amendment rights of free speech and due process, respectively, and asks the court—presided over by Trump appointee Judge Timothy J. Kelly—to immediately remediate the issue by replacing the credentials.

“While the suit is specific to CNN and Acosta, this could have happened to anyone,” CNN said in a statement. “If left unchallenged, the actions of the White House would create a dangerous chilling effect for any journalist who covers our elected officials.”

Indeed, said CNN Worldwide President Jeff Zucker in an internal memo to staff, “This is not a step we have taken lightly. But the White House action is unprecedented.”

The White House responded immediately, with Sanders remarking that CNN is “grandstanding” by suing. She said the administration will “vigorously defend” itself. (Read the White House’s full response here.)

Specifically, the White House initiated its action against Acosta after he refused to give up his microphone to an aide and continued to question the president. Sanders has characterized that action as improper, saying that Acosts “plac[ed] his hands on a young woman.”

However, other reporters seated nearby did not confirm the White House’s accusations. Maggie Haberman of The New York Times tweeted on November 8, “The White House press office is sharing a manipulated video that makes it appear that Acosta was menacing the intern when he was not and did not. The intern reached over Acosta to grab the microphone while he trying to ask another and Acosta tried to pull away.”

Revoking access to the White House complex amounted to disproportionate reaction to the events of last Wednesday,” White House Correspondents’ Association President Olivier Knox said in a statement on November 13. “We continue to urge the administration to reverse course and fully reinstate CNN’s correspondent. The president of the United States should not be in the business of arbitrarily picking the men and women who cover him.”

“I have always endeavored to conduct myself as a diligent but respectful reporter who asks probing but fair questions,” Acosta wrote in  a formal statement. “The revocation of my White House press credential not only destroys my ability to perform my current job, it will follow me for the rest of my career. My reputation and my future career prospects have all been significantly harmed if not completely devastated.”

 Research contact: @brianstelter

Trump rails against recounts in Florida

November 13, 2018

Even as word came in early on November 12 that Democrat Kyrsten Sinema had taken 49.6% of the Arizona vote in the race for U.S. Senate against the GOP’s Martha McSally (48.1%), President Donald Trump railed against the continuing recounts in Florida—the results of which could change the balance of power in Washington, D.C.

The president alleged, without any solid evidence, that many ballots in the Senate and gubernatorial races were “missing and forged” and that a valid tally  would not be possible, according to a same-day report by the Washington Post.

“An honest vote count is no longer possible—ballots massively infected,” the president tweeted at 7:44 a.m. (ET).

Instead of a recount, Trump suggested that the results from the night of the November 6 midterm election should stand, handing victories to fellow Republicans Rick Scott, the governor, in the Senate race and Ron DeSantis, a former congressman, in the gubernatorial contest.

Must go with Election Night!” the POTUS said.

However, the recounts continue. Palm Beach and Miami-Dade counties began retabulating the vote on November 10, while Broward started on November 11. The recounts are happening in accordance with Florida law because of the tight margins in the votes, the Post said.

Notwithstanding those recounts, Trump is not alone . On November 11, Scott went on national television to accuse Democratic Senator Bill Nelson, whom  still is hoping to unseat, of trying to “commit fraud to try to win this election,”  the Post reported, noting, “His campaign said it had filed lawsuits against Brenda Snipes and Susan Bucher, the election supervisors in Broward and Palm Beach counties, two Democratic strongholds. Democrats called it desperation by a candidate sitting on a precarious vote lead.”

Scott made his comments in an interview on “Fox News Sunday” after his lead shrank to fewer than 13,000 votes in a race with national stakes. In a separate Fox News television appearance Monday, Scott called Nelson a “sore loser” and alleged that “he’s just here to steal this election.”

Nelson fired back on Twitter on Monday, the Post reported, writing that there is “zero evidence backing up claims by Republican extremists that Democrats are trying to steal the election.”

In the Senate contest, Scott’s lead over Nelson has narrowed to 12,562 votes out of more than 8 million ballots cast, the news outlet said—or a margin of 0.15%, according to an unofficial tally Saturday from the state. State law mandates a machine recount if the margin is half a percentage point or less.

The governor’s race also has tightened, with DeSantis ahead by a mere 0.41%. If that margin holds, it would fall short of the 0.25% threshold for a more involved manual recount.

The election results are slated to be certified on November 20. Newly elected senators are expected to report to Washington, D.C., this week for orientation. Scott said he has not decided his schedule yet. The Senate will swear in new members in January.

Research contact: sean.sullivan@washpost.com

As net neutrality expires, 92% of Americans worry about Web access

April 24, 2018

Net neutrality officially ended yesterday, April 23. Last December, the Federal Communications Commission voted to repeal the Obama-era protections designed to ensure a “free and open” Internet for everyone.

At the end of December, The Harris Poll contacted 2,163 U.S. adults to ask how they felt about the agency’s decision to dismantle open Internet protections. The researchers found that—while over nine out of ten Americans (92%) believe that the Internet should be accessible to everyone—Americans are largely split on the basic principles of net neutrality. Just over half (55%) say big companies should be able to pay for their content to load faster for certain users

Efforts to abolish net neutrality were widely backed by the telecommunications industry, but criticized by both the tech industry and customer advocacy groups. In theory, neutrality was put in place to keep large internet service providers like AT&T and Verizon from arbitrarily slowing down user connections. One common concern is that ISPs might block or slow down users’ access to competing services, or offer preferential treatment to certain companies.

In reaction, nonprofits such as  NYC Mesh have begun installing antennas all over the Big Apple to offer New Yorkers a “community-owned” wireless network with unfettered access to the internet.

NYC Mesh comments, “Our network consists of Wi-Fi router ‘node,’ ‘supernodes,’ and fiber spread throughout the city. The network connects directly to the Internet backbone, so we do not rely on an ISP. All of our network nodes cooperate in the distribution of data, and the network can also function independently in case of emergencies or Internet shutdown.

The FCC’s decision has triggered legal challenges in several states and a coalition of 22 state attorneys general already have filed a lawsuit to reverse the FCC’s vote. Oregon and Washington State have enacted net neutrality laws and governors in four states—Hawaii, New Jersey, New York and Vermont—have signed executive orders sustaining the principle.

Research contact: Hellonyc@harrisinsights.com