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Supreme Court divided on homelessness case that will impact California encampment policy

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Supreme Court divided on homelessness case that will impact California encampment policy

Supreme Court justices sounded deeply divided Monday over whether to give cities in the West more authority to restrict homeless encampments on sidewalks and other public property.

The court’s three liberals said they were wary of giving cities a broad and unchecked power to use arrests and fines to punish homeless people who are sleeping outside.

“Sleeping is a biological necessity,” said Justice Elena Kagan. She told a lawyer representing the city of Grants Pass, Ore., that it “seems like you are criminalizing the status of homelessness.”

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But conservatives, led by Chief Justice John G. Roberts jr., said they were skeptical of treating homelessness as a status that deserves constitutional protection.

People can be homeless for one week and find shelter the next week. “You can move into and out of that status,” he said.

For more than two hours, the justices and attorneys argued back and forth about whether homeless people should be protected from city laws that could punish them because they have nowhere to sleep.

Los Angeles-based attorney Theane Evangelis, representing the Oregon city, said the problem of homelessness has been made worse in the West because of 9th Circuit Court of Appeals rulings that found it was unconstitutional for cities to impose fines or other punishments on homeless people who sleep outdoors. No other appellate court in the nation has followed suit.

She began by urging the justices to “end the 9th Circuit’s failed experiment.” She said cities should have the flexibility to enforce ordinances that limit where people can sleep and camp.

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It was not clear there was a solid majority to overturn the 9th Circuit entirely; some justices appeared to favor a middle-ground approach.

That would allow cities to regulate where people can sleep outside, but it would not prohibit camping or sleeping throughout the city.

Deputy U.S. Solicitor Gen. Ed Kneedler urged the court to adopt that approach. While cities should not make it a crime for homeless people to sleep outdoors, cities should have “flexibility to enforce” reasonable restrictions on where homeless people can sleep, he said.

Many cities in California, including Los Angeles, generally follow that approach.

Justices Brett M. Kavanaugh and Amy Coney Barrett may hold the deciding votes. Both questioned laws that would punish homeless people for sleeping outdoors, but as Kavanaugh put it, they doubted the wisdom of having federal judges “micromanage” a city’s policies for coping with homelessness.

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The case of Grants Pass vs. Johnson is the most important dispute over homelessness to come before the high court.

At issue is whether the Constitution protects the rights of homeless people who camp on sidewalks or in parks.

The San Francisco-based 9th Circuit held it is cruel and unusual punishment for cities or their police to arrest or fine people who sleep in public because they have nowhere else to go.

City attorneys say those rulings have led to the growth of homeless encampments in California and the West, and they urged the justices to overturn the 9th Circuit.

Advocates for homeless people said a ruling in favor of Grants Pass would allow cities to make it a crime for poor people to sleep outside.

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The justices will meet behind close doors on Thursday to vote on deciding the case, and they are likely to hand down a ruling late June.

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Democratic Texas Rep. Henry Cuellar indicted by DOJ on conspiracy and bribery charges

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Democratic Texas Rep. Henry Cuellar indicted by DOJ on conspiracy and bribery charges

The Department of Justice indicted Democratic Rep. Henry Cuellar of Texas on conspiracy and bribery charges Friday. 

Cuellar’s wife has also been indicted in an investigation connected $600,000 in bribes they accepted from an Azerbaijan-based energy company and a bank in Mexico to advance the former Soviet republic’s interests in the U.S. 

Federal law enforcement raided Cuellar’s house and office in 2022 as part of an investigation into a group of U.S. businessmen, and their ties to the country. The representative and his office agreed to cooperate with the investigation.

FEDERAL GRAND JURY SUBPOENAS REP. CUELLAR, WIFE, AND ASSOCIATES IN AZERBAIJAN-TIED PROBE: REPORT

Rep. Henry Cuellar, D-Texas, is seen outside a meeting of the House Democratic Caucus in the U.S. Capitol. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

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Cuellar released a statement on Friday following reports of the upcoming indictment, declaring both himself and his wife as innocent without specifying the charges.

“I want to be clear that both my wife and I are innocent of these allegations,” wrote Cuellar. “Everything I have done in Congress has been to serve the people of Texas.”

REP. CUELLAR, STAFF TOOK SPONSORED TRIPS TO AZERBAIJAN COORDINATED BY CONVICTED BUSINESSMAN

The Texas representative specifically defended his wife and her qualifications, once again without specifying the nature of the indictments.

Department of Justice logo

A podium displays the seal of the Department of Justice at the department’s headquarters in Washington, D.C. (Brendan Smialowski/AFP via Getty Images)

“Imelda and I have been married 32 years. On top of being an amazing wife and mother, she’s an accomplished businesswoman with two degrees. She spent her career working with banking, tax, and consulting. The allegation that she is anything but qualified and hard working is both wrong and offensive,” he wrote.

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Cuellar previously served as a co-chair of the Congressional Azerbaijan Caucus.

This is a developing story and will be updated.  The Associated Press contributed to this report. 

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RFK Jr. could be a spoiler in November. But will it help Biden or Trump?

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RFK Jr. could be a spoiler in November. But will it help Biden or Trump?

Robert F. Kennedy Jr.’s presidential campaign was once viewed as a quixotic quest by a scion of a storied political family — an environmental warrior who sullied his family’s name most recently by aligning himself with a political party founded by a segregationist to get on the November ballot in California.

But a combination of voter apathy about President Biden and former President Trump, the two main parties’ presumptive nominees, and the Kennedy campaign’s successful targeting of ballot qualification rules across the nation has prompted growing alarm among Democrats and Republicans alike.

“When you have nail-bitingly close elections, nearly any candidate can be a spoiler,” said Thad Kousser, a political science professor at UC San Diego. “Now, the interesting thing, unlike a Jill Stein [a perennial Green Party candidate], it’s not 100% clear which major party candidate he hurts most. That uncertainty is going to lead to a lot of churning on what the parties do … to keep him off the ballot.”

Kennedy, the son of Sen. Robert F. Kennedy (D-N.Y.) and nephew of President John F. Kennedy, has no real chance of being elected to the White House in November. However, the Californian could be a spoiler in the race, tilting the vote. Two names are frequently raised: H. Ross Perot in the 1992 race and Ralph Nader in 2000, though there is debate about how much their candidacies resulted in Bill Clinton and George W. Bush winning their respective elections.

Kennedy has qualified to appear on the ballots of three states, most recently California, and his campaign claims to have collected enough signatures to appear on the ballots of seven others, including Nevada.

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In California, the American Independent Party submitted paperwork to have Kennedy appear on the ballot as its standard-bearer, the candidate announced this week.

George Wallace, a segregationist Alabama governor who opposed federal civil rights laws, helped found the party and ran on its ticket in the 1968 presidential campaign. Kennedy’s father, a staunch supporter of such rights, was assassinated in Los Angeles during that campaign.

Leaders of the party, which currently exists only in California, say it has disavowed its segregationist roots and is focused on conservatism and the Constitution. In a video Kennedy released Tuesday, he called Wallace a “bigot” who “was antithetical to everything my father believed in.”

Mainstream Democrats are incredulous about Kennedy’s association with the party. When Wallace stood in a schoolhouse door at the University of Alabama, trying to block two Black students from registering, President Kennedy called in the Alabama National Guard at a time when his brother, Robert, was the nation’s attorney general.

Paul Mitchell, a veteran Democratic strategist, said he previously believed Kennedy had a shot of winning California based purely on his last name. That is no longer the case, based on how he has run his campaign and whom he has chosen to associate with, Mitchell said.

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“If he was a Kennedy and acting like a Kennedy and professional, I wouldn’t put [a California victory] out of the bounds,” said Mitchell, who noted that Kennedy associated with the fringe party after gathering a paltry number of signatures for a political party he was trying to form. “Now he’s a loony anti-vaxxer conspiracy theorist and running a campaign like a loon. It’s so embarrassing.”

Biden supporters have been concerned about Kennedy for some time. The Democratic National Committee earlier this year established a team to oppose third-party candidates, chiefly Kennedy. Their first act was filing a Federal Election Commission complaint arguing that Kennedy’s campaign coordinated inappropriately with a Super PAC to qualify Kennedy for some states’ ballots.

“We know this is going to be a close election and we’re not going to take anything for granted,” said Matt Corridoni, a DNC spokesman working on the anti-third party effort, noting that the biggest donor to a pro-Kennedy PAC is a Trump mega-donor and that a New York-based campaign official pitched his candidacy by arguing that Kennedy would help Trump defeat Biden.

In April, several members of the Kennedy family endorsed Biden, including Kerry Kennedy, sister of the presidential candidate.

“We want to make crystal clear our feelings that the best way forward for America is to reelect Joe Biden and Kamala Harris for four more years,” she said at a campaign event in Philadelphia.

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On Wednesday, Kennedy challenged Biden to agree that whichever of them did worse in a head-to-head poll in the fall would drop out of the race to prevent Trump being elected to a second term.

But Republicans including Trump have recently signaled growing concern about Kennedy eating into the former president’s support.

“RFK Jr. is a Democrat ‘Plant,’ a Radical Left Liberal who’s been put in place in order to help Crooked Joe Biden, the Worst President in the History of the United States, get Re-Elected,” Trump posted on Truth Social on April 26, arguing that the candidate opposes gun rights and the military and supports raising taxes, open borders and radical environmental policy. “A Vote for Junior would essentially be a WASTED PROTEST VOTE, that could swing either way, but would only swing against the Democrats if Republicans knew the true story about him.”

Trump posted that before a Monmouth University poll released Monday found that after voters were told about Kennedy’s skepticism of vaccines, their views changed — prior polling showed that Kennedy pulled support evenly from Biden and Trump.

In the new poll, the percentage of Republicans who said they would support Kennedy nearly doubled to almost one out of five after being told about his views about vaccines, while Democrats’ support dropped sharply to roughly 10%.

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Kennedy has also been receiving attention on conservative media, such as Wednesday evening on “Jesse Watters Primetime” on Fox News Channel, where he argued that his campaign’s polling shows him winning in a head-to-head matchup against either Biden or Trump.

But “if I’m in the race, in a three-way race, I lose because people are voting out of fear, because they think the other guy — a vote for me is going to put somebody they hate in office,” he said. “But if I go head to head with either of them, I win.”

Trump’s advisors are piqued by Kennedy receiving attention from such outlets.

“For the life of me, I can’t understand why anyone on a conservative platform would feature the likes of Robert F. Kennedy Jr., who believes the NRA is a terrorist organization, whose positions on the environment are more radical than [Rep. Alexandria Ocasio-Cortez], and who believes in a 70% tax bracket,” said Chris LaCivita, a lead strategist for Trump’s campaign and the Republican National Committee’s chief of staff.

“From our standpoint, only one person is more liberal than Joe Biden and that’s Robert F. Kennedy Jr.,” LaCivita said, adding that Kennedy “is a blank canvas and we are going to fill it with paint.”

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House COVID committee calling for criminal probe into gain-of-function virus research in Wuhan

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House COVID committee calling for criminal probe into gain-of-function virus research in Wuhan

The Select Subcommittee on the Coronavirus Pandemic is calling for a criminal probe into the origins of the COVID-19 virus.

The demands for an investigation come after the release of an interim staff report accusing EcoHealth Alliance President Dr. Peter Daszak of funding “dangerous gain-of-function research in Wuhan, China, without sufficient oversight.”

“Overwhelming primary source documents and credible firsthand testimony gathered throughout the Select Subcommittee’s investigation provide significant evidence that Dr. Daszak repeatedly violated the terms of the NIH grant awarded to EcoHealth,” a Wednesday statement from the Committee on Oversight and Accountability reads.

ECOHEALTH ALLIANCE PRESIDENT TO TESTIFY ON COVID ORIGINS, WUHAN LAB TAXPAYER-FUNDED RESEARCH

Peter Daszak (R), Thea Fischer (L) and other members of the World Health Organization (WHO) team investigating the origins of the COVID-19 coronavirus, arrive at the Wuhan Institute of Virology in Wuhan in China’s central Hubei province. (HECTOR RETAMAL/AFP via Getty Images)

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It continues, “Given Dr. Daszak’s apparent contempt for the American people and disregard for legal reporting requirements the Select Subcommittee recommends the formal debarment of and a criminal investigation into EcoHealth and its President.”

EcoHealth Alliance is a non-governmental organization based in the United States and focused on researching pandemic prevention.

According to congressional lawmakers, EcoHealth used taxpayer dollars “to fund dangerous gain-of-function research at the Wuhan Institute of Virology (WIV)” in China. 

The NGO disputes that claim.

FBI DIRECTOR SAYS COVID PANDEMIC ‘MOST LIKELY’ ORIGINATED FROM CHINESE LAB

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The façade of the Wuhan Institute of Virology

Security personnel stand guard outside the Wuhan Institute of Virology in Wuhan as members of the World Health Organization (WHO) team investigating the origins of the COVID-19 coronavirus make a visit to the institute in Wuhan in China’s central Hubei province on February 3, 2021. (Hector Retamal/ AFP)

“EcoHealth Alliance did not support ‘gain-of-function’ research at WIV, nor were any policies violated. Any assertions to the contrary are based either on misinterpretation, or willful misrepresentation of the actual research conducted,” EcoHealth Alliance told Fox News Digital in a statement.

The NGO added, “Despite the SSCP’s contention that EHA did gain-of-function research, the NIH itself disagrees, as confirmed by NIH on July 7, 2016, in a letter to EcoHealth Alliance made public via Freedom of Information Act requests stating “NIAID is in agreement that the work proposed … is not subject to the [gain-of-function] research funding pause.”

Daszak publicly testified Wednesday before the House Select Subcommittee on the Coronavirus Pandemic.

“The public nature of our work and our long standing collaborations with Chinese scientists have made us a target for misinformation about the origins of COVID,” Daszak told committee members at the Wednesday hearing. “Beginning in early 2020 and continuing to this day, we have repeatedly and refuted the many myths and false allegations about EcoHealth Alliance research.” 

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Wuhan Institute of Virology

This aerial view shows the P4 laboratory on the campus of the Wuhan Institute of Virology in Wuhan in China’s central Hubei province. (HECTOR RETAMAL/AFP via Getty Images)

“However, at a time when the COVID-19 pandemic seemed out of control and emotions were running high, our organization and our staff and even my own family were targeted with false allegations, death threats, break-ins, media harassment and other damaging acts,” he continued. “Our organization has gone to great lengths to address any allegations head on, checking our records and stating the facts publicly.”

Fox News Digital previously reported that EcoHealth Alliance received millions of dollars in grants from the National Institutes of Health (NIH). U.S. taxpayer funds flowed to Chinese entities conducting coronavirus research through EcoHealth Alliance.

Fox News Digital’s Brooke Singman contributed to this report.

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