NRA draws court’s resistance in appeal over New York gun store closures

By Jonathan Stempel

NEW YORK (Reuters) – A federal appeals court panel on Wednesday cast doubt on an effort by the National Rifle Association to revive its lawsuit challenging New York state’s closing of gun stores early in the COVID-19 pandemic because they were “non-essential” businesses.

The NRA, which is also defending itself against a lawsuit by New York’s attorney general seeking its dissolution, had sued over a March 2020 executive order by then-Governor Andrew Cuomo, saying the closures violated the Second Amendment and other provisions of the U.S. Constitution.

A federal judge dismissed the NRA’s lawsuit in August 2020, but Cuomo’s order was later rescinded and another legal challenge to the order was declared moot.

Philip Furia, a lawyer for the NRA, told the 2nd U.S. Circuit Court of Appeals in Manhattan that the gun rights group still had “viable claims,” but drew skepticism in arguing it be allowed to replead its case and seek compensatory damages.

“I’m not sure what you want,” Circuit Judge Michael Park said. “I’m not sure what this lawsuit is about anymore.”

Brian Ginsberg, a lawyer for the state, said there were constitutional problems with a repleading, and the NRA already had three chances to seek compensatory damages.

“This would be the fourth bite at the apple, and I think that’s at least two bites too many,” he said.

The appeals court did not say when it will rule.

In seeking the NRA’s dissolution, state Attorney General Letitia James has said the group, a New York nonprofit, is racked by corruption, including by diverting millions of dollars to insiders including longtime Chief Executive Wayne LaPierre.

The NRA had in January filed for bankruptcy and sought to reincorporate in the more gun-friendly Texas, but a judge called the Chapter 11 case an improper effort to gain an “unfair litigation advantage” and avoid James’ oversight.

James is also seeking LaPierre’s ouster.

The case is National Rifle Association of America v Cuomo et al, 2nd U.S. Circuit Court of Appeals, No. 20-3187.

(Reporting by Jonathan Stempel in New York; Editing by Mark Porter)

U.S. issues first passport with “X” gender marker

WASHINGTON (Reuters) – The U.S. State Department said on Wednesday it had issued the first U.S. passport with an “X” gender marker, designed to give non-binary, intersex and gender non-conforming people a marker other than male or female on their travel document, according to a statement.

Secretary of State Antony Blinken announced in June that the X marker would be offered as an option on passports, following other countries including Canada, Germany, Australia and India who already offer a third gender on documents.

State Department spokesperson Ned Price said in a statement that the United States was moving toward adding the “X” gender marker as an option for those applying for U.S. passports or Consular Reports of Birth Abroad.

Price did not say who the first “X” gender passport was issued to.

“We look forward to offering this option to all routine passport applicants once we complete the required system and form updates in early 2022,” Price said.

(Reporting by Simon Lewis; Editing by Mark Porter)

Islamic State in Afghanistan could be able to attack U.S. in 6 months-Pentagon official

WASHINGTON (Reuters) -The U.S. intelligence community has assessed that Islamic State in Afghanistan could have the capability to attack the United States in as little as six months, and has the intention to do so, a senior Pentagon official told Congress on Tuesday.

The remarks by Colin Kahl, under secretary of defense for policy, are the latest reminder that Afghanistan could still pose serious national security concerns for the United States even after it ended its two-decade-old war in defeat in August.

The Taliban, which won the war, are enemies of Islamic State and have seen its attempts to impose law and order after the U.S. pullout thwarted by suicide bombings and other attacks claimed by Islamic State.

They include bombings targeting the minority Shi’ite sect and even an Islamic State beheading of a member of a Taliban militia force in the eastern city of Jalalabad.

In testimony before the Senate Armed Services Committee, Kahl said it was still unclear whether the Taliban has the ability to fight Islamic State effectively following the U.S. withdrawal in August. The United States fought the Taliban as well as striking groups like Islamic State and al Qaeda.

“It is our assessment that the Taliban and ISIS-K are mortal enemies. So the Taliban is highly motivated to go after ISIS-K. Their ability to do so, I think, is to be determined,” Kahl said, using an acronym for Islamic State in Afghanistan.

Kahl estimated Islamic State had a “cadre of a few thousand” fighters. Acting Foreign Minister Amir Khan Muttaqi of the new Taliban government has said the threat from Islamic State militants will be addressed. He also said Afghanistan would not become a base for attacks on other countries.

Kahl suggested al Qaeda in Afghanistan posed a more complex problem, given its ties to the Taliban. It was those ties that triggered the U.S. military intervention in Afghanistan in 2001 following al Qaeda’s Sept. 11 attacks on New York and Washington. The Taliban had harbored al Qaeda leaders.

Kahl said it could take al Qaeda “a year or two” to regenerate the capability to carry out attacks outside of Afghanistan against the United States.

Democratic President Joe Biden, whose supervision of the chaotic end to the war last summer has damaged his approval ratings, has said the United States will continue to be vigilant against threats emanating from Afghanistan by carrying out intelligence-gathering operations in the country that would identify threats from groups like al Qaeda and Islamic State.

Kahl said the goal was to disrupt those groups so that Islamic State and al Qaeda don’t become capable of striking the United States.

“We need to be vigilant in disrupting that,” he said.

Still, U.S. officials privately warn that identifying and disrupting groups like al Qaeda and Islamic State is extremely difficult without any troops in the country. Drones capable of striking Islamic State and al Qaeda targets are being flown in from the Gulf.

Kahl said the United States did not yet have any agreement with countries neighboring Afghanistan to host troops for counterterrorism efforts.

(Reporting by Phil Stewart and Idrees Ali; editing by Jonathan Oatis)

Haiti crippled by fuel shortages as gang leader demands prime minister resign

By Brian Ellsworth and Gessika Thomas

PORT-AU-PRINCE (Reuters) -Haiti’s streets were unusually quiet on Tuesday and gas stations remained dry as gangs blocked the entrance to ports that hold fuel stores and the country’s main gang boss demanded that Prime Minister Ariel Henry resign.

Days-long fuel shortages have left Haitians with few transport options and forced the closure of some businesses. Hospitals, which rely on diesel generators to ensure electricity due to constant blackouts, may shut down as well.

The situation has put further pressure on a population already struggling under a weakening economy and a wave of gang kidnappings, which include the abduction earlier this month of a group of Canadian and American missionaries.

Jimmy “Barbecue” Cherizier, leader of the ‘G9’ coalition of gangs in the metropolitan area of the capital Port-au-Prince, said in a radio interview on Monday night that he would ensure safe passage of fuel trucks if Henry leaves office.

“The areas under the control of the G9 are blocked for one reason only – we demand the resignation of Ariel Henry,” Cherizier said in an interview on Haiti’s Radio Mega.

“If Ariel Henry resigns at 8:00 am, at 8:05 am we will unblock the road and all the trucks will be able to go through to get fuel.”

A spokesperson for Henry’s office did not respond to a request for comment. Reuters was unable to contact Cherizier.

His statements show how gangs have taken on an increasingly political role following the July assassination of President Jovenel Moise. Cherizier has said Henry should “answer questions” linking him to Moise’s murder. Henry has denied any involvement.

Elections had originally been scheduled for November but were suspended after Henry last month dismissed the council that organizes elections, which critics had accused of being biased in favor of Moise. Henry has promised to appoint a new non-partisan council that will set a new date.

Kidnappings have been in the headlines for months as Haitians from all walks of life face abduction by the increasingly powerful gangs.

The missionaries traveling as part of a trip organized by Ohio-based Christian Aid Ministries was abducted by a gang called 400 Mawozo that operates east of the capital and is seeking a ransom of $1 million for each person.

Christian Aid Ministries asked people in a statement on Tuesday to remember both those “being held hostage as well as those recovering from the experience of being kidnapped.”

‘THE WORST I’VE SEEN’

Haiti’s foreign aid bureau BMPAD, which oversees fuel procurement, tweeted a video saying the country has 150,000 barrels of diesel and 50,000 barrels of gasoline, with another 50,000 barrels of gasoline set to arrive on Wednesday.

A total 100,000 barrels of diesel and gasoline would supply Haiti’s fuel needs for five to seven says, said Marc Andre Deriphonse, head of the country’s service station owners’ association ANAPROSS.

Businesses have been warning that they may have to halt operations for lack of fuel. Telecoms firms said some cell towers are no longer in operation.

“This is the worst I’ve seen,” said one motorcycle taxi driver waiting to pick up passengers outside Port-au-Prince, when asked about the fuel shortages. He declined to give his name.

Motorcycle drivers strap one-gallon containers to their bikes in the hopes of filling them with fuel sold on the black market. A gallon of gas on the street can now fetch $20, compared with typical filling station prices of around $2.

Transportation industry leaders have called for strikes to protest the wave of kidnappings, which have disproportionately affected truck drivers and public transport workers.

United Nations children’s agency UNICEF on Sunday said it had negotiated fuel deliveries to Haitian hospitals but that the provider later refused to make the deliveries, citing security conditions.

At one police station near Port-au-Prince, two officers had been unable to get to work due to fuel shortages, according to a police official, who asked not to be named because he is not authorized to speak with reporters.

“Most of our vehicles have about a quarter of a tank,” he said.

(Reporting by Brian Ellsworth and Gessika Thomas in Port-au-Prince, Additional reporting by Brad Brooks, Editing by Rosalba O’Brien)

Sudan’s Burhan says army ousted government to avoid civil war

By Khalid Abdelaziz

KHARTOUM (Reuters) – Sudan’s armed forces chief defended the military’s seizure of power, saying he had ousted the government to avoid civil war, while protesters returned to the streets on Tuesday to demonstrate against the takeover after a day of deadly clashes.

The military takeover on Monday brought a halt to Sudan’s transition to democracy, two years after a popular uprising toppled long-ruling Islamist autocrat Omar al-Bashir.

Speaking at his first news conference since he announced the takeover, General Abdel Fattah al-Burhan said the army had no choice but to sideline politicians who were inciting against the armed forces.

“The dangers we witnessed last week could have led the country into civil war,” he said, an apparent reference to demonstrations against the prospect of a coup.

Prime Minister Abdalla Hamdok, who was arrested on Monday along with other members of his cabinet, had not been harmed and had been brought to Burhan’s own home, the general said. “The prime minister was in his house. However, we were afraid that he’d be in danger so he has been placed with me in my home.”

Burhan had appeared on TV on Monday to announce the dissolution of the Sovereign Council, a body set up after Bashir’s overthrow to share power between the military and civilians and lead Sudan to free elections.

The Facebook page for the office of the prime minister, apparently still under the control of Hamdok loyalists, called for his release and that of the other civilian leaders.

Hamdok remains “the executive authority recognized by the Sudanese people and the world,” the post said. It added that there was no alternative other than protests, strikes and civil disobedience.

Sudanese ambassadors to 12 countries, including the United States, United Arab Emirates, China, and France, have rejected the military takeover, a diplomatic source said on Tuesday.

Ambassadors to Belgium and the European Union, Geneva and U.N. agencies, China, South Africa, Qatar, Kuwait, Turkey, Sweden and Canada also signed on to the statement, which said the envoys backed popular resistance to the coup.

Western countries have denounced the coup, called for the detained cabinet ministers to be freed and said they will cut off aid if the military does not restore power-sharing with civilians.

SHOPS SHUT, PROTESTS FLARE IN CAPITAL

Khartoum and its twin city Omdurman across the Nile river were partly locked down on Tuesday with shops shut and plumes of smoke rising from where protesters were burning tires. Calls for a general strike were played over mosque loudspeakers. Streets and bridges were blocked by soldiers or protester barricades.

Downtown and commercial areas of Khartoum were empty with shops, markets and offices all shut in the city center.

The only people in the streets apart from protesters were security forces heavily deployed around the presidential palace and ministry of defense.

Some roads were still blocked by barricades erected by protesters made from stones, tree branches and burning tires. There were small groups of protesters but no leadership to coordinate them. Phone networks were patchy.

A group of neighborhood resistance committees in Khartoum issued a statement later on Tuesday announcing a schedule of further barricades and escalating protests leading to what it said would be a “march of millions” on Saturday.

Images on social media showed renewed street protests on Tuesday in the cities of Atbara, Dongola, Elobeid and Port Sudan. People chanted: “Don’t give your back to the army, the army won’t protect you.”

The military appeared to have underestimated civilian opposition on the street, according to Jonas Horner of the International Crisis Group.

“They haven’t learned their lesson,” he said. “As we saw post the revolution and post-Bashir, the streets were determined and civilians were willing to die for this.”

A health ministry official said seven people had been killed in clashes between protesters and the security forces on Monday.

Burhan said the military’s action did not amount to a coup, as it had been trying to rectify the path of the political transition.

“We only wanted to correct the course to a transition. We had promised the people of Sudan and the entire world. We will protect this transition,” said Burhan. He said a new government would be formed that would not contain any typical politicians.

Sudan, for decades a pariah under Bashir, has depended on Western aid to pull through an economic crisis in the two years since he was overthrown.

Banks and cash machines were closed on Tuesday, and mobile phone apps widely used for money transfers could not be accessed.

“We are paying the price for this crisis,” said a man in his 50s looking for medicine at one of the pharmacies where stocks have been running low said angrily. “We can’t work, we can’t find bread, there are no services, no money.”

In the western city of El Geneina, resident Adam Haroun said there was complete civil disobedience, with schools, stores and gas stations shut.

(Reporting by Nadine Awadalla, Nafisa Eltahir and Nayera Abdallah; Writing by Michael Georgy; Editing by Peter Graff and Mark Heinrich)

Cuba to welcome tourists as home-grown vaccine drive takes hold

By Marc Frank and Nelson Acosta

HAVANA (Reuters) – Cuba will open its borders and ease entry requirements next month after vaccinating most of its people with home-grown COVID-19 drugs, allowing it to welcome back overseas visitors and giving a shot in the arm to its ailing tourist industry.

Tough restrictions due to the pandemic, a drastic reduction in flights to Cuba, and a U.S. ban on most travel to the Communist-run island under former U.S. President Donald Trump have hobbled the business and left it trailing behind regional competitors such as the Dominican Republic, Puerto Rico, the Bahamas and Cancun.

But as Nov. 15, Cuba will only require visitors to carry proof of vaccination or a recent PCR to enter the country, replacing what were previously among the strictest protocols in the Caribbean, involving a quarantine period and multiple PCR tests.

A fully vaccinated population will prove a key selling point for an island already well-regarded for its safety, beaches and turquoise waters, said Francisco Camps, who supervises Spanish firm Sol Melia’s 32 hotels in Cuba.

“Cuba will be one of the safest sanitary destinations and we believe that we can reach visitations similar to 2019 by the end of next year,” he said.

Cuba’s home-grown vaccines are currently under review by the World Health Organization and most trial data has yet to be peer reviewed.

But among countries with more than 1 million people, Cuba is vaccinating faster than any other, according to a Reuters tally of official data.

The government says the pace is paying dividends, with COVID-19 cases and deaths falling off at least 80% since their peak mid-summer. At least 90% of the population has received at least one dose of one of the country’s three-dose homegrown vaccines.

“We are in a favorable moment as we begin to recover our customs, to be able to visit relatives and go on vacation, as well as improve economic activity,” Tourism Minister Juan Carlos Garcia said this month.

The pandemic closed schools, entertainment venues and restaurants as it reduced to near zero the all-important tourism industry – freezing foreign trips by Cubans and visits to the country from Cubans living overseas – exacerbating an economic crisis that has left residents short of food and medicine.

Cuba received more than four million tourists in 2019, contributing 10.6 percent to gross domestic product (GDP), and much more through supply chains and informal economic activity.

But this year just 200,000 guests have arrived and only another 100,000 are expected, Minister Garcia said.

Cuban economist Ricardo Torres said those numbers meant a “devastating” 92% drop in tourism this year, compared to 2019.

“So we are talking about next year for any real tourism recovery…which generates a knock-on effect and so is decisive to economic recovery,” said Torres, a visiting professor at American University in Washington.

The U.S. embargo sharply limits trade with Cuba, so the country depends heavily on flows of foreign currency and basic goods that travelers and the Cuban diaspora bring to the island.

Despite mounting optimism as tourism resumes, officials have cautioned economic recovery will be more gradual than initially thought following a sharp drop of 10.9% last year and another 2% through June.

The Varadero beach resort is already partially open, including for the domestic market, for which it is the favorite destination.

And life is slowly returning to the colonial district of Havana as it prepares to once more welcome visitors after a 19-month hiatus.

“Old Havana has been sad all this time because there have been no tourists,” said Ernesto Alejandro Labrada, owner of the Antojos restaurant, now packed with Cubans enjoying a meal before the visitors return.

(Reporting by Marc Frank; additional reporting by Nelson Acosta, editing by Dave Sherwood and Angus MacSwan)

U.S. announces international crackdown on DarkNet opioid trafficking

By Mark Hosenball

WASHINGTON (Reuters) – An international operation targeting trafficking in opioids on a clandestine part of the internet called the DarkNet has led to about 150 arrests in the United States and Europe and the seizure of drugs, cash and guns, U.S. and European authorities said on Tuesday.

The crackdown, called Operation Dark HunTor, was announced at a U.S. Justice Department news conference where Deputy U.S Attorney General Lisa Monaco warned cyberspace drug sellers: “There is no dark internet. We can and we will shed a light.”

Jean-Philippe Lecouffe, deputy director of the international police agency Europol, hailed the results of Operation Dark HunTor as “spectacular.” He said the operation sends a message that “no one is beyond the reach of law enforcement, even on the dark web.” The DarkNet and dark web are related terms concerning a part of the internet accessible only using a specialized web browser and the assortment of internet sites residing there.

An opioid epidemic has claimed the lives of hundreds of thousands of people in the United States alone in the past two decades due to overdoses from prescription painkillers and illegal substances, constituting an enduring public health crisis.

The Dark HunTor operation produced arrests of 150 people accused of being drug traffickers and others accused of engaging in sales of illicit goods and services.

There were 65 arrests in the United States, 47 in Germany, 24 in the United Kingdom, four each in the Netherlands and Italy, three in France, two in Switzerland and one in Bulgaria, the Justice Department said.

The department added that the operation resulted in seizures of more than $31.6 million in cash and virtual currencies as well as 45 firearms. It added that about 234 kilograms (515 pounds) of drugs including more than 200,000 ecstasy, fentanyl, oxycodone, hydrocodone and methamphetamine pills were seized, along with counterfeit medicines.

Kenneth Polite, head of the Justice Department’s Criminal Division, said such trafficking presents “a global threat and it requires a global response.”

The Justice Department said the crackdown built on operations conducted in late 2020 and early 2021 to disrupt dark web trafficking. It said that in January, an international crackdown targeted DarkMarket, the world’s largest dark web international marketplace.

(Reporting by Mark Hosenball; Editing by Will Dunham)

‘An epidemic’ of coups, U.N. chief laments, urging Security Council to act

By Michelle Nichols

UNITED NATIONS (Reuters) – U.N. chief Antonio Guterres assailed what he called “an epidemic of coup d’états” on Tuesday and urged the Security Council to act to effectively deter them as the 15-member body prepared to discuss the military takeover in Sudan.

“The Sudanese people has shown very clearly their intense desire for reform and democracy,” the secretary-general told reporters as he again condemned the Sudanese army’s seizure of power on Monday and urged all parties to exercise “maximum restraint.”

Sudan’s top general Abdel Fattah al-Burhan on Tuesday defended the military takeover, saying he had ousted the government of Prime Minister Abdalla Hamdok to avoid civil war.

It is the latest in a series of military takeovers in Myanmar, Mali and Guinea and attempted coups in several other countries.

The Security Council – which has the ability to impose sanctions or authorize military action – has been split on how to approach various conflicts, with the United States and other western council members pitted against Russia and China. It was due to meet behind closed doors on Sudan on Tuesday.

Guterres pointed to strong geopolitical divides, Security Council “difficulties in taking strong measures” and the economic and social impact of the COVID-19 pandemic as creating “an environment in which some military leaders feel that they have total impunity, they can do whatever they want because nothing will happen to them.”

“My appeal, obviously, is for – especially the big powers – to come together for the unity of the Security Council in order to make sure that there is effective deterrence in relation to this epidemic of coup d’états,” Guterres said. “We have seen that effective deterrence today is not in place.”

The council has issued statements expressing concern about the situation in Myanmar and condemning the military takeover in Mali. It is discussing a possible statement on Sudan, diplomats said.

(Reporting by Michelle Nichols; Editing by Howard Goller)

Fierce cyclonic storm turns squares into lakes in southern Italy

CATANIA, Italy (Reuters) – A powerful cyclonic storm hit the southern Italian island of Sicily on Tuesday causing widespread flooding around the city of Catania, turning streets and squares into rivers and lakes and causing at least two deaths, rescuers said.

A spokesman for the Misericordia group of volunteers, who are helping police and firefighters, said the body of a man was found under a car amid torrential rains sweeping the town of Gravina, north of Catania.

Contacted by Reuters, police confirmed the death without providing details.

On Monday, a 67-year-old man died after his car was hit by rising waters and mud. His wife was still missing.

The rain has inundated some of Catania’s most famous streets and squares, causing a blackout in the city center and flooding shops. Schools have been closed in the city and in a number of nearby towns.

Floods also hit a ward at Catania’s Garibaldi hospital, media reported.

“The emergency situation is widespread and extremely critical and it does not seem to be improving,” a spokesman for the firefighters said.

Italian weather site Ilmeteo.it said parts of Sicily and the adjacent toe of Italy, Calabria, were being pounded by a rare tropical-like cyclone known as a medicane, and the sea was 8 degrees Celsius warmer than the average for this time of year.

The storm was expected to peak between Thursday and Friday, it said.

(Reporting by Antonio Parrinello in Catania and Angelo Amante in Rome; Editing by Nick Macfie)

U.S. new home sales hit six-month high; median price stays above $400,000

WASHINGTON (Reuters) – Sales of new U.S. single-family homes surged to a six-month high in September, but higher house prices are making homeownership less affordable for some first-time buyers.

New home sales jumped 14.0% to a seasonally adjusted annual rate of 800,000 units last month, the highest level since March, the Commerce Department said on Tuesday. August’s sales pace was revised down to 702,000 units from the previously reported 740,000 units. Sales increased in the populous South, as well as in the West and Northeast. They, however, fell in the Midwest.

Economists polled by Reuters had forecast new home sales, which account for more than 10% of U.S. home sales, increasing to a rate of 760,000 units. Sales dropped 17.6% on a year-on-year basis in September. They peaked at a rate of 993,000 units in January, which was the highest since the end of 2006.

Demand for housing surged early in the COVID-19 pandemic amid an exodus from cities to suburbs and other low-density locations as Americans sought more spacious accommodations for home offices and online schooling. The buying frenzy has abated as workers return to offices and schools reopened for in-person learning, thanks to COVID-19 vaccinations.

The median new house price accelerated 18.7% in September to $408,800 from a year ago. Sales continued to be concentrated in the $200,000-$749,000 price range. Sales in the under-$200,000 price bracket, the sought-after segment of the market, accounted for only 2% of transactions.

About 74% of homes sold last month were either under construction or yet to be built. There were 379,000 new homes on the market, unchanged from in August. Houses under construction made up 62.5% of the inventory, with homes yet to be built accounting for about 28%.

Builders are being hamstrung by shortages of key inputs like copper and steel because of strained supply chains. Lumber for framing remains expensive, while labor and some household appliances are also scarce.

The government reported last week that housing starts and building permits fell in September.

At September’s sales pace it would take 5.7 months to clear the supply of houses on the market, down from 6.5 months in August.

(Reporting by Lucia Mutikani; Editing by Chizu Nomiyama)