John M. Starcher Jr., made about $6 million in 2020, according to the most recent tax filings.

“Our mission is clear — to extend the compassionate ministry of Jesus by improving the health and well-being of our communities and bring good help to those in need, especially people who are poor, dying and underserved,” the spokeswoman, Maureen Richmond, said. Bon Secours did not comment on Mr. Otey’s case.

In interviews, doctors, nurses and former executives said the hospital had been given short shrift, and pointed to a decade-old development deal with the city of Richmond as another example.

In 2012, the city agreed to lease land to Bon Secours at far below market value on the condition that the chain expand Richmond Community’s facilities. Instead, Bon Secours focused on building a luxury apartment and office complex. The hospital system waited a decade to build the promised medical offices next to Richmond Community, breaking ground only this year.

founded in 1907 by Black doctors who were not allowed to work at the white hospitals across town. In the 1930s, Dr. Jackson’s grandfather, Dr. Isaiah Jackson, mortgaged his house to help pay for an expansion of the hospital. His father, also a doctor, would take his children to the hospital’s fund-raising telethons.

Cassandra Newby-Alexander at Norfolk State University.

got its first supermarket.

according to research done by Virginia Commonwealth University. The public bus route to St. Mary’s, a large Bon Secours facility in the northwest part of the city, takes more than an hour. There is no public transportation from the East End to Memorial Regional, nine miles away.

“It became impossible for me to send people to the advanced heart valve clinic at St. Mary’s,” said Dr. Michael Kelly, a cardiologist who worked at Richmond Community until Bon Secours scaled back the specialty service in 2019. He said he had driven some patients to the clinic in his own car.

Richmond Community has the feel of an urgent-care clinic, with a small waiting room and a tan brick facade. The contrast with Bon Secours’s nearby hospitals is striking.

At the chain’s St. Francis Medical Center, an Italianate-style compound in a suburb 18 miles from Community, golf carts shuttle patients from the lobby entrance, past a marble fountain, to their cars.

after the section of the federal law that authorized it, allows hospitals to buy drugs from manufacturers at a discount — roughly half the average sales price. The hospitals are then allowed to charge patients’ insurers a much higher price for the same drugs.

The theory behind the law was that nonprofit hospitals would invest the savings in their communities. But the 340B program came with few rules. Hospitals did not have to disclose how much money they made from sales of the discounted drugs. And they were not required to use the revenues to help the underserved patients who qualified them for the program in the first place.

In 2019, more than 2,500 nonprofit and government-owned hospitals participated in the program, or more than half of all hospitals in the country, according to the independent Medicare Payment Advisory Commission.

in wealthier neighborhoods, where patients with generous private insurance could receive expensive drugs, but on paper make the clinics extensions of poor hospitals to take advantage of 340B.

to a price list that hospitals are required to publish. That is nearly $22,000 profit on a single vial. Adults need two vials per treatment course.

work has shown that hospitals participating in the 340B program have increasingly opened clinics in wealthier areas since the mid-2000s.

were unveiling a major economic deal that would bring $40 million to Richmond, add 200 jobs and keep the Washington team — now known as the Commanders — in the state for summer training.

The deal had three main parts. Bon Secours would get naming rights and help the team build a training camp and medical offices on a lot next to Richmond’s science museum.

The city would lease Bon Secours a prime piece of real estate that the chain had long coveted for $5,000 a year. The parcel was on the city’s west side, next to St. Mary’s, where Bon Secours wanted to build medical offices and a nursing school.

Finally, the nonprofit’s executives promised city leaders that they would build a 25,000-square-foot medical office building next to Richmond Community Hospital. Bon Secours also said it would hire 75 local workers and build a fitness center.

“It’s going to be a quick timetable, but I think we can accomplish it,” the mayor at the time, Dwight C. Jones, said at the news conference.

Today, physical therapy and doctors’ offices overlook the football field at the training center.

On the west side of Richmond, Bon Secours dropped its plans to build a nursing school. Instead, it worked with a real estate developer to build luxury apartments on the site, and delayed its plans to build medical offices. Residents at The Crest at Westhampton Commons, part of the $73 million project, can swim in a saltwater pool and work out on communal Peloton bicycles. On the ground floor, an upscale Mexican restaurant serves cucumber jalapeño margaritas and a Drybar offers salon blowouts.

have said they plan to house mental health, hospice and other services there.

a cardiologist and an expert on racial disparities in amputation, said many people in poor, nonwhite communities faced similar delays in getting the procedure. “I am not surprised by what’s transpired with this patient at all,” he said.

Because Ms. Scarborough does not drive, her nephew must take time off work every time she visits the vascular surgeon, whose office is 10 miles from her home. Richmond Community would have been a five-minute walk. Bon Secours did not comment on her case.

“They have good doctors over there,” Ms. Scarborough said of the neighborhood hospital. “But there does need to be more facilities and services over there for our community, for us.”

Susan C. Beachy contributed research.

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Arizona Judge: State Can Enforce Near-Total Abortion Ban

The ruling means the state’s abortion clinics will have to shut down and anyone seeking an abortion will have to go out of state.

Arizona can enforce a near-total ban on abortions that has been blocked for nearly 50 years, a judge ruled Friday, meaning clinics statewide will have to stop providing the procedures to avoid the filing of criminal charges against doctors and other medical workers.

The judge lifted a decades-old injunction that blocked enforcement of the law on the books since before Arizona became a state. The only exemption to the ban is if the woman’s life is in jeopardy.

The ruling means the state’s abortion clinics will have to shut down and anyone seeking an abortion will have to go out of state. The ruling takes effect immediately, although an appeal is possible. Planned Parenthood and two other large providers said they were halting abortions.

Abortion providers have been on a roller coaster since the U.S. Supreme Court in June overturned the landmark 1973 Roe v. Wade decision guaranteeing women a constitutional right to an abortion. At first providers shut down operations, then re-opened, and now have to close again.

Planned Parenthood had urged the judge not to allow enforcement, and its president declared that the ruling “takes Arizonans back to living under an archaic, 150-year-old law.”

“This decision is out of step with the will of Arizonans and will cruelly force pregnant people to leave their communities to access abortion,” said Alexis McGill Johnson, Planned Parenthood Federation of America’s president and CEO, said in a statement.

Republican Attorney General Mark Brnovich, who had urged the judge to lift the injunction so the ban could be enforced, cheered.

“We applaud the court for upholding the will of the Legislature and providing clarity and uniformity on this important issue,” Brnovich said in a statement. “I have and will continue to protect the most vulnerable Arizonans.”

The ruling comes amid an election season in which Democrats have seized on abortion rights as a potent issue. Sen. Mark Kelly, under a challenge from Republican Blake Masters, said it “will have a devastating impact on the freedom Arizona women have had for decades” to choose an abortion. Democrat Katie Hobbs, who is running for governor, called it the product of a decadeslong attack on reproductive freedom by Republicans that can only be fended off by voters in November.

Masters and Kari Lake, the Republican running against Hobbs, both back abortion restrictions. Their campaigns had no immediate comment.

Pima County Superior Court Judge Kellie Johnson ruled more than a month after hearing arguments on Brnovich’s request to lift the injunction.

The near-total abortion ban was enacted decades before Arizona secured statehood in 1912. Prosecutions were halted after the injunction was handed down following the Roe decision. Even so, the Legislature reenacted the law in 1977.

Assistant Attorney General Beau Roysden told Johnson at an Aug. 19 hearing that since Roe has been overruled, the sole reason for the injunction blocking the old law is gone and she should allow it to be enforced. Under that law, anyone convicted of performing a surgical abortion or providing drugs for a medication abortion could face two to five years in prison.

An attorney for Planned Parenthood and its Arizona affiliate argued that allowing the pre-statehood ban to be enforced would render more recent laws regulating abortion meaningless. Instead, she urged the judge to let licensed doctors perform abortions and let the old ban only apply to unlicensed practitioners.

The judge sided with Brnovich, saying that because the injunction was issued in 1973 only because of the Roe decision, it must be lifted in its entirety.

“The Court finds an attempt to reconcile fifty years of legislative activity procedurally improper in the context of the motion and record before it,” Johnson wrote. “While there may be legal questions the parties seek to resolve regarding Arizona statutes on abortion, those questions are not for this Court to decide here.”

In overturning Roe on June 24, the high court said states can regulate abortion as they wish.

A physician who runs a clinic providing abortions said she was dismayed but not surprised by the decision.

“It kind of goes with what I’ve been saying for a while now –- it is the intent of the people who run this state that abortion be illegal here,” Dr. DeShawn Taylor said. “Of course we want to hold onto hope in the back of our minds, but in the front of my mind I have been preparing the entire time for the total ban.”

Republicans control the Legislature, and GOP Gov. Doug Ducey is an abortion opponent who has signed every abortion law that reached his desk for the past eight years.

Johnson, the judge, said Planned Parenthood was free to file a new challenge. But with Arizona’s tough abortion laws and all seven Supreme Court justices appointed by Republicans, the chances of success appear slim.

What’s allowed in each state has shifted as legislatures and courts have acted since Roe was overturned. Before Friday’s ruling, bans on abortion at any point in pregnancy were in place in 12 Republican-led states.

In another state, Wisconsin, clinics have stopped providing abortions amid litigation over whether an 1849 ban is in effect. Georgia bans abortions once fetal cardiac activity can be detected. Florida and Utah have bans that kick in after 15 and 18 weeks gestation, respectively.

The ruling came a day before a new Arizona law banning abortions after 15 weeks of pregnancy takes effect. Signed by Ducey in March, the law was enacted in hopes that the Supreme Court would pare back limits on abortion regulations. Instead, it overturned Roe.

Ducey has argued that the new law he signed takes precedence over the pre-statehood law, but he did not send his attorneys to argue that before Johnson.

The old law was first enacted among a set of laws known as the “Howell Code” adopted by 1st Arizona Territorial Legislature in 1864. Arizona clinics have been performing about 13,000 abortions a year.

Additional reporting by the Associated Press.

: newsy.com

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Fiona Knocks Out Power With Strong Winds In Atlantic Canada

Fiona transformed from a hurricane into a post-tropical storm, but meteorologists cautioned that it still could have hurricane-strength winds.

Fiona knocked out power to more than 500,000 customers in Atlantic Canada Saturday, damaging homes with strong winds and rain as it made landfall as a big, powerful post-tropical cyclone.

Fiona transformed from a hurricane into a post-tropical storm late Friday, but meteorologists cautioned that it still could have hurricane-strength winds and would bring drenching rains and huge waves.

More than 414,000 Nova Scotia Power customers — about 80% of the province of almost 1 million — were affected by outages Saturday morning. Over 82,000 customers in the province of Prince Edward Island were also without power, while NB Power in New Brunswick reported 44,329 were without electricity.

The fast-moving Fiona made Nova Scotia landfall before dawn Saturday, with its power down from the Category 4 strength it had early Friday when passing by Bermuda, though officials there reported no serious damage.

The Canadian Hurricane Centre tweeted early Saturday that Fiona has the lowest pressure ever recorded for a storm making landfall in Canada. Forecasters had warned it could be the one of the most powerful storms to hit the country.

A state of local emergency has been declared by the mayor and council of the Cape Breton Regional Municipality amid widespread power outages, road closures and damage to homes.

“There are homes that have been significantly damaged due to downed trees, big old trees falling down and causing significant damage. We’re also seeing houses that their roofs have completely torn off, windows breaking in. There is a huge amount of debris in the roadways,” Amanda McDougall, mayor of Cape Breton Regional Municipality, told The Associated Press

“There is a lot of damage to belongings and structures but no injuries to people as of this point. Again we’re still in the midst of this,” she said. “It’s still terrifying. I’m just sitting here in my living room and it feels like the patio doors are going to break in with those big gusts. It’s loud and it is shocking.”

McDougall said the shelter they opened was full overnight and they will look to open more.

The extent of the damage throughout Atlantic Canada was immediately clear at sunrise.

A hurricane watch was issued for coastal expanses of Nova Scotia, Prince Edward Island and Newfoundland.

Prime Minister Justin Trudeau decided to delay his trip to Japan for the funeral for assassinated former Prime Minister Shinzo Abe.

“We of course hope there won’t be much needed, but we feel there probably will be,” Trudeau said. “Listen to the instructions of local authorities and hang in there for the next 24 hours.”

The U.S. hurricane center said Fiona had maximum sustained winds of 90 mph Saturday. It was moving across eastern Canada.

Hurricane-force winds extended outward up to 175 miles from the center and tropical storm-force winds extended outward up to 405 miles.

Hurricanes in Canada are somewhat rare, in part because once the storms reach colder waters, they lose their main source of energy. But post-tropical cyclones still can have hurricane-strength winds, although they have a cold core and no visible eye. They also often lose their symmetric form and more resemble a comma.

“Still holding strong. But it’s getting very scary,” Amanda McDougall, mayor of Cape Breton Regional Municipality, told The Associated Press in the first hours after it hit.

People in the area rushed to stock up essentials and worked to stormproof their properties Friday.

Bob Robichaud, Warning Preparedness Meteorologist for the Canadian Hurricane Centre, said Fiona was shaping up to be a bigger storm system than Hurricane Juan, which caused extensive damage to the Halifax area in 2003.

He added that Fiona is about the same size as post-tropical storm Dorian in 2019. “But it is stronger than Dorian was,” he said. “It’s certainly going to be an historic, extreme event for eastern Canada.”

Christina Lamey, a spokesperson for the Cape Breton Regional Municipality, said the Centre 200 sports arena in Sydney was being opened Friday night to take in residents who wanted to evacuate from their homes during the storm. Halifax said it would open four evacuation centers.

Officials on Prince Edward Island sent out an emergency alert to phones warning of the potential for severe flooding on the northern shore of the province.

Authorities in Nova Scotia also sent an emergency alert to phones warning of Fiona’s arrival and urging people to say inside, avoid the shore, charge devices and have enough supplies for at least 72 hours.

Fiona so far has been blamed for at least five deaths — two in Puerto Rico, two in the Dominican Republic and one in the French island of Guadeloupe.

Meanwhile, the National Hurricane Center said newly formed Tropical Storm Ian in the Caribbean was expected to keep strengthening and hit Cuba early Tuesday as a hurricane and then hit southern Florida early Wednesday.

It was centered about 315 miles southeast of Kingston, Jamaica. It had maximum sustained winds of 45 mph and was moving west-northwest at 14 mph. A hurricane watch was issued for the Cayman Islands.

Additional reporting by the Associated Press.

: newsy.com

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California Takes Steps To Further Legalize Weed

California workers won’t have to worry about being fired, or not hired, for off-the-clock marijuana use.

A new phase of California’s weed legalization begins, as the state prepares to make it illegal for a company to fire, or not hire, someone simply for their off-the-clock marijuana use. 

California is the seventh state to do it, but a potentially pivotal one for the national attitude toward weed. 

At the very least it’s an emboldening step for the millions of California adults who report using marijuana. 

At a cannabis store near San Diego, it could mean a tax boom. 

The elimination of job risk helps boost usage numbers. 

“There were a lot of myths and stigma associated with cannabis and with having a cannabis store in the community. So it’s nice to see that none of those myths came true and a lot of that stigma is starting to disappear,” said David Dallal, a California cannabis store manager. 

Cannabis industry insiders and even some law enforcement hope that destigmatizing weed will push more weed users to shop at legitimate dispensaries.

It could be a potentially life-saving choice as fentanyl-laced drugs flow over the southern border and end up on the black market. 

But the stigma around marijuana is still a challenge for people like Dr. David Berger, who’s trying to battle a new restriction in Florida that limits the amount of medical marijuana a person can get in a day. 

“Some of my patients for instance, because of their medical needs, they might need to have more milligrams than what the state is allowing for,” said Berger.  

Florida is allowing doctors to appeal the limit for those who need it. But that takes time — a potentially-serious wait for users who need the drug.

“If a person is out of their medicine they could be out of their medicine for a good week or almost two and really have no way of accessing it,” said Berger.

It’s a deep contrast to the new reality in California, where lawmakers hope making marijuana irrelevant to employability will set a new standard for the country. 

: newsy.com

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Key Midterm Races To Watch For Congressional Control

Early in-person voting starts Friday in four states and mail-in ballots have already started going out in others.

With just under two months to go, the race for control of Congress is shaping up to be one of the tightest in recent history. 

And when it comes to which party controls the Senate, election experts say one contest stands out — Pennsylvania.

“The No. 1 race at this point that is likely to switch parties is one that could go from Republican to Democrat, which sort of defies the expectations we had at the beginning of this cycle when it looked like it would be an incredibly favorable midterm cycle for Republicans and a backlash to President Biden and the Democrats,” said Jessica Taylor, Senate and governors editor at The Cook Political Report.

Democrat John Fetterman is leading GOP Senate candidate Mehmet Oz in one of the closest watched races of the fall. 

Current Republican Sen. Pat Toomey is retiring. If Democrats flip his seat, the GOP needs to gain two seats somewhere else to retake the majority.  

Where could those seats be? Eyes are on Arizona, Nevada, New Hampshire and Georgia, where the races are close and Democrats are defending seats they currently hold.  

It’s the opposite in Ohio, Wisconsin and Florida, where Republicans are in tight races to hold on to those seats.

Adding to the unpredictability this cycle is the lack of experience among some first-time Republican candidates. Primary voters in five of those eight states put their support behind rookies without any political experience.  

“There are voters that are just so frustrated at this point. And we see this in disapprovals, we see this in wrong track/right track numbers, that there are voters — and I’ve heard this in focus groups I’ve watched this year, too — they’re like, you know, just blow the whole system up,” Taylor continued.

Political outsiders can be successful — look at former President Donald Trump, who continues to be a big influence in the Republican Party.   

“Midterm elections are a referendum on the current president,” Taylor said. “However, we have never seen a former president be this involved and insert himself so much in a way that Democrats could make this a referendum on Trump.”

Trump’s endorsement has helped first-time candidates win their primaries. But it could be a hindrance in the general election when they’re up against Democrats. 

: newsy.com

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Trump Docs Probe: Court Lifts Hold On Mar-a-Lago Records

By Associated Press
September 21, 2022

The ruling means the Justice Department will immediately regain access to the classified documents seized from Mar-a-Lago.

A federal appeals panel has lifted a judge’s hold on the Justice Department’s ability to use classified records seized from former President Donald Trump’s Florida estate in its ongoing criminal investigation.

The ruling from a three-judge panel of the U.S. Court of Appeals for the 11th Circuit is a victory for the Justice Department, clearing the way for it to immediately resume its use of the documents as it evaluates whether to bring criminal charges in its investigation into the presence of top-secret government records held at Mar-a-Lago after Trump left the White House.

The government had argued that its investigation had been impeded by the order from U.S. District Judge Aileen Cannon that temporarily barred investigators from continuing to use the documents in the probe. Cannon, a Trump appointee, had said the hold would remain in place pending a separate review by an independent arbiter she had appointed at the Trump team’s request.

The FBI last month seized roughly 11,000 documents, including about 100 with classification markings, during a court-authorized search of the Palm Beach club. It has launched a criminal investigation into whether the records were mishandled or compromised. It is not clear whether Trump or anyone else will be charged.

Cannon ruled on Sept. 5 that she would name an independent arbiter, or special master, to do an independent review of those records and segregate any that may be covered by claims of attorney-client privilege or executive privilege and to determine whether any of the materials should be returned to Trump. Raymond Dearie, the former chief judge of the federal court based in Brooklyn, has been named to the role.

The Justice Department had argued that a special master review of the classified documents was not necessary. It said Trump, as a former president, could not invoke executive privilege over the documents, nor could they be covered by attorney-client privilege because they do not involve communications between Trump and his lawyers.

Trump’s lawyers argued that an independent review of the records was essential given the unprecedented nature of the investigation. The lawyers also said the department had not yet proven that the seized documents were classified, though they notably stopped short of asserting — as Trump repeatedly has — that the records were previously declassified. They have resisted providing Dearie with their position on that question, signaling the issue could be part of their defense in the event of an indictment.

Additional reporting by The Associated Press.

: newsy.com

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Interest Rates Are Expected To Increase Again

Investors brace for another big interest rate increase this week from the Federal Reserve. The hikes are having an effect on homebuyers.

Another interest rate hike is approaching to temper inflation, but it’s flaring tempers for some who are afraid the dream of a big purchase is getting too expensive. 

“I would die to be a homeowner,” said Heather Blanchet, who’s looking for a home. 

Another three quarters of a percentage point higher interest means the standard borrowing rate to buy homes, cars and put money on a credit card is climbing. 

That’s straining people like Blanchet, who’s staring down increasing monthly payments on her would-be mortgage. 

“Getting a loan, I feel like, is increasingly hard, interest rates are crazy,” said Blanchet. 

But that’s exactly the point for the Federal Reserve, which is trying to lower white-hot demand not just for homes, but for everything.

“It’s not quite a buyer’s market yet, but it’s balancing out,” said Joy Dysart, a real estate agent.  

In the housing market it’s helping to balance the scales. While it could make a mortgage more expensive for now, it’s also leaving sellers with fewer interested buyers and less power in the deal. 

“I think we are now entering a market where sellers are working with buyers and that’s great when people are negotiating again,” said Kelly Fogul, a mortgage broker. 

Garrett and Marisa Severen know how tough it’s been for buyers. They bought a house earlier this year in cash, something they tried to avoid. 

“We probably had four houses that we really fell in love with that we lost because we didn’t do cash offers,” said Garrett Severen.  

And the number of homes being bought with cash is still above pre-pandemic levels. 

Redfin recently found more than 31% of homes are selling with all-cash offers. 

“A lot of the ‘cash buyers’ are people who are high net worth individuals who have leveraged their portfolio of assets, so they’ve taken a line of credit,” said Holly Meyes Lucus, a real estate agent.  

Still, the cooling market can be good news for people needing a mortgage, like Alexis Sande and her fiance. They just bought a new home in Florida and had a much easier time of it than they would have just months before. 

“This house had been on the market for about five days. With the interest rates going up, we didn’t have to get into a bidding war with anybody or offer more money for the home or anything like that,” said Sande. 

Still, plenty will feel the pinch of a higher rate. 

And many like Zach Van Emmerick are counting on their lucky stars they bought a home when they did. 

“I think if I would have waited another month and that would have been at 6% it probably would have limited my purchasing power and it probably would have pushed me out of where I wanted to live and the city I wanted to live in. I don’t know how much that would have raised my mortgage payment a month, a couple hundred and that hits pretty hard,” said Emmerick.  

: newsy.com

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Migrants Sue Florida Governor Over Martha’s Vineyard Flights

By Maura Sirianni

and Associated Press
September 21, 2022

The lawsuit alleges that the migrants were told they were going to Boston or Washington, and were induced with perks like McDonald’s gift cards.

Venezuelan migrants flown from San Antonio, Texas, to the upscale Massachusetts island of Martha’s Vineyard are suing Florida Gov. Ron DeSantis and his transportation secretary for engaging in a “fraudulent and discriminatory scheme” to relocate them.

The lawsuit, filed in federal court in Boston, alleges that the migrants were told they were going to Boston or Washington, “which was completely false,” and were induced with perks such as $10 McDonald’s gift certificates.

“No human being should be used as a political pawn,” said Ivan Espinoza-Madrigal, executive director of Lawyers for Civil Rights, which is seeking class-action status in the lawsuit filed on behalf of several migrants who were aboard last week’s flights and Alianza Americas, a network of advocacy groups.

“It is opportunistic that activists would use illegal immigrants for political theater,” said Taryn Fenske, DeSantis’ communication director, in a statement late Tuesday.

The lawsuit, which also names Florida Transportation Secretary Jared W. Perdue as a defendant, alleges that migrants were induced to cross state lines under false pretenses, a line that some Democratic officials are using to urge a federal investigation.

On Monday, Javier Salazar, the sheriff of Bexar County, which includes San Antonio, opened an investigation into the flights, but the elected Democrat did not say what laws may have been broken. California Gov. Gavin Newsom and U.S. Rep. Joaquin Castro, whose district includes San Antonio, have asked the Justice Department to begin a probe.

Guesswork was rampant among government officials, advocates and journalists Tuesday about DeSantis’ next move, consistent with the element of surprise that he and another Republican governor, Greg Abbott of Texas, have sought to achieve by busing and flying migrants across the country to Democratic strongholds with little or no notice.

Asked Tuesday about speculation that DeSantis may send migrants to his home state of Delaware, President Joe Biden said: “He should come visit. We have a beautiful shoreline.”

DeSantis declined to confirm speculation, based on flight-tracking software, that more migrants were on the move. He again defended his decision to fly about 50 Venezuelans to Martha’s Vineyard, saying their decisions were completely voluntary and, without evidence, that they were in awful condition when Florida got involved.

Additional reporting by The Associated Press.

: newsy.com

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Arbiter In Trump Docs Probe Signals Intent To Move Quickly

“We’re going to proceed with what I call responsible dispatch,” Raymond Dearie, a veteran Brooklyn judge, told lawyers.

The independent arbiter tasked with inspecting documents seized in an FBI search of former President Donald Trump’s Florida home said Tuesday he intends to push briskly through the review process and appeared skeptical of the Trump team’s reluctance to say whether it believed the records had been declassified.

“We’re going to proceed with what I call responsible dispatch,” Raymond Dearie, a veteran Brooklyn judge, told lawyers for Trump and the Justice Department in their first meeting since his appointment last week as a so-called special master.

The purpose of the meeting was to sort out next steps in a review process expected to slow by weeks, if not months, the criminal investigation into the retention of top-secret information at Mar-a-Lago after Trump left the White House. As special master, Dearie will be responsible for sifting through the thousands of documents recovered during the Aug. 8 FBI search and segregating any that might be protected by claims of executive privilege or attorney-client privilege.

Though Trump’s lawyers had requested the appointment of a special master to ensure an independent review of the documents, they have resisted Dearie’s request for more information about whether the seized records had been previously declassified — as Trump has maintained. His lawyers have consistently stopped short of that claim even as they asserted in a separate filing Tuesday that the Justice Department had not proven that the documents were classified. In any event, they say, a president has absolute authority to declassify information.

“In the case of someone who has been president of the United States, they have unfettered access along with unfettered declassification authority,” one of Trump’s lawyers, James Trusty, said in court Tuesday.

But Dearie said that if Trump’s lawyers will not actually assert that the records have been declassified, and the Justice Department instead makes an acceptable case that they remain classified, then he would be inclined to regard them as classified.

“As far as I’m concerned,” he said, “that’s the end of it.”

In a letter to Dearie on Monday night, the lawyers said the declassification issue might be part of Trump’s defense in the event of an indictment. And Trusty said in court Tuesday that the Trump team should not be forced at this point in the investigation to disclose details of a possible defense based on the idea the records had been declassified.

He denied that the lawyers were trying to engage in “gamesman-like” behavior but instead said it was a process that required “baby steps.” He said the right time for the discussion is whenever Trump presses forward with a claim to get any seized property back.

Dearie said he understood the position but observed, “I guess my view of it is, you can’t have your cake and eat it” too.

The resistance to the judge’s request was notable because it was Trump’s lawyers, not the Justice Department, who had requested the appointment of a special master and because the recalcitrance included an acknowledgment that the probe could be building toward an indictment.

Despite the focus on whether the seized documents are classified or not, the three statutes the Justice Department listed on a warrant as part of its investigation do not require that the mishandled information be classified in order for prosecutors to initiate a criminal case.

The Trump team has also questioned the feasibility of some of the deadlines for the special master’s review. That work includes inspecting the roughly 11,000 documents, including about 100 marked as classified, that were taken during the FBI’s search.

U.S. District Judge Aileen Cannon, a Trump appointee who granted the Trump team’s request for a special master, had set a Nov. 30 deadline for Dearie’s review and instructed him to prioritize the tranche of classified records.

Dearie, a Ronald Reagan appointee whose name is on the atrium of his Brooklyn courthouse, made clear during Tuesday’s meeting that he intended to meet the deadlines, saying there was “little time” to complete the assigned tasks.

Julie Edelstein, a Justice Department lawyer, said she was hopeful that the department could get the documents digitized and provided to Trump’s lawyers by early next week. She noted that the department had given the legal team a list of five vendors approved by the government for the purposes of scanning, hosting and otherwise processing the seized records.

After some haggling, Dearie instructed Trusty’s lawyers to choose a vendor by Friday.

Earlier Tuesday, the Trump legal team urged the U.S. Court of Appeals for the 11th Circuit to leave in place Cannon’s order temporarily barring the Justice Department’s use of the classified records for its criminal investigation while Dearie completes his review. The department is also contesting Cannon’s requirement that it provide Dearie with classified materials for his review, saying such records are not subject to any possible claims of attorney-client privilege or executive privilege.

The department has also said that Cannon’s order has impeded its investigation.

Trump’s lawyers called those concerns overblown in a response Tuesday, saying investigators could still do other work on the probe even without scrutinizing the seized records.

“Ultimately, any brief delay to the criminal investigation will not irreparably harm the Government,” Trump’s lawyers wrote. “The injunction does not preclude the Government from conducting a criminal investigation, it merely delays the investigation for a short period while a neutral third party reviews the documents in question.”

Additional reporting by The Associated Press.

: newsy.com

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