Trump’s transgender move puts spotlight on Supreme Court case

FILE PHOTO - A bathroom sign welcomes both genders at the Cacao Cinnamon coffee shop in Durham, North Carolina, United States on May 3, 2016. REUTERS/Jonathan Drake/File Photo

By Lawrence Hurley

WASHINGTON (Reuters) – The Trump administration’s move on Wednesday to rescind guidance allowing transgender students to use the bathrooms of their choice has raised the stakes for an upcoming U.S. Supreme Court case that could deliver a landmark decision on the issue.

The eight justices are due to hear oral arguments on March 28 on whether the Gloucester County School Board in Virginia can block Gavin Grimm, a female-born transgender high school student, from using the boys’ bathroom. A ruling is due by the end of June.

A key question in the case is whether a federal law, known as Title IX, which bars sex discrimination in education, covers transgender students. The Education Department under Democratic President Barack Obama said in guidance to public schools last May that it does, but the Republican Trump administration withdrew that finding on Wednesday.

The high court on Thursday asked the lawyers involved to file letters by March 1 giving their views on how the Trump action should affect consideration of the case.

Lawyers for Grimm say that the definition of sex discrimination in Title IX is broad and includes gender identity. The school board maintains that the law was enacted purely to address “physiological distinctions between men and women.”

If the Supreme Court rules that Title IX protects transgender students, the decision would become the law of the land, binding the Trump administration and the states.

“This is an incredibly urgent issue for Gavin and these other kids across the country,” said Joshua Block, a lawyer with the American Civil Liberties Union (ACLU) who represents Grimm.

The Trump administration’s announcement “only underscores the need for the Supreme Court to bring some clarity here,” he added.

The administration on Wednesday did not offer its own interpretation of Title IX, with the Justice Department telling the court only that it plans to “consider further and more completely the legal issues involved.”

The administration is not directly involved in the case.

Lawyers for both Grimm and the Gloucester County School Board have urged the court to decide whether Title IX applies to transgender students rather than taking a narrower approach by sending the case back to a lower court.

In a court filing on Thursday, the ACLU said that, regardless of the administration’s position, the court “can – and should – resolve the underlying question of whether the Board’s policy violates Title IX.”

The school board’s lawyers made similar comments in their most recent court filing, saying that the meaning of the federal law is “plain and may be resolved as a matter of straightforward interpretation.”

But the court could take a more cautious approach and send the case back to the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals. That court’s April 2016 ruling in favor of Grimm relied on the Obama administration’s interpretation of the law.

Kyle Duncan, a lawyer representing the school board, said the court must at a minimum throw out the appeals court decision because “the entire basis for that opinion” was the no-longer extant Obama administration interpretation.

JUSTICE KENNEDY: PIVOTAL VOTE?

With the eight-justice court likely to be closely divided, Trump’s Supreme Court nominee, conservative appeals court judge Neil Gorsuch, could end up casting the deciding vote if he is confirmed by the U.S. Senate in time. Otherwise, the court, which is divided equally between liberals and conservatives, could split 4-4, which would set no nationwide legal precedent.

Clues as to how the high court could rule can be gleaned from its decision last August to temporarily block the appeals court decision in Grimm’s case from going into effect. That emergency request from the school board did not require the justices to decide the merits of the case.

The vote in favor of the school board was 5-3, with Justice Stephen Breyer, a liberal, joining the four conservative justices. Breyer made clear in a statement at the time that his vote would not dictate how he would approach the case if the court took the issue up.

That decision indicated that the court is likely to be closely divided at oral argument. Grimm’s hopes may rest in Justice Anthony Kennedy, a conservative who voted against Grimm last summer but has sometimes sided with liberals in major cases, including several on gay rights.

But even lawyers closely following the case are not sure which way Kennedy could go.

“If I could predict that, I would be down in the casino,” said Gary McCaleb, a lawyer with conservative Christian legal group Alliance Defending Freedom, which backs the school board.

For graphic on transgender rights and “bathroom bills”, click: http://tmsnrt.rs/2l529J9

(Reporting by Lawrence Hurley; editing by Noeleen Walder and Jonathan Oatis)

Wisconsin man, Virginia man each get prison for trying to join Islamic State

FILE PHOTO: An Islamic State flag is seen in this picture

(Reuters) – A Wisconsin man and a Virginia man were sentenced separately to federal prison on Friday for attempting to travel abroad to join Islamic State, the U.S. Justice Department said.

Joshua Van Haften, 36, of Madison received a 10-year sentence from a federal court in Wisconsin after pleading guilty in October to attempting to support a terrorist organization.

Van Haften, who posted an oath of allegiance to Islamic State’s leader online, traveled to Turkey in 2014 and tried to cross the border into Syria, according to prosecutors.

He also attempted to aid another American interested in joining the militant group, Leon Davis, who was sentenced to 15 years in 2015 after federal agents arrested him at an Atlanta airport on his way to Turkey.

Meanwhile, Haris Qamar, 26, from Burke, Virginia, was sentenced to 8-1/2 years in prison on Friday by a federal court in Alexandria, Virginia. Like Van Haften, Qamar pleaded guilty in October to a terrorism charge.

U.S. prosecutors said Qamar helped a confidential witness working with the Federal Bureau of Investigation take photographs of landmarks in Washington, D.C., for what he believed would be a propaganda video for Islamic State to encourage attacks.

Qamar also told the witness he bought a plane ticket to Turkey in 2014 so he could join Islamic State but was stymied when his parents confiscated his passport, prosecutors said.

Federal agents also arrested two acquaintances of Qamar on Wednesday and charged them with lying to investigators about the case.

The Justice Department has prosecuted more than 100 Islamic State-related cases since 2014.

(Reporting by Joseph Ax; Editing by Alistair Bell)

U.S. authorities warn of al Qaeda threat to election

The rising sun lights One World Trade as it stands over the Manhattan borough of New York.

By David Ingram

NEW YORK (Reuters) – Federal officials have warned authorities in New York City, Texas and Virginia about an unspecific threat of attacks by al Qaeda militants around Election Day, putting local law enforcement on alert days before the vote, officials said on Friday.

A U.S. government source in Washington said some federal agencies sent bulletins to local and state officials flagging the information but that the threat was relatively low level.

The Port Authority of New York and New Jersey, which operates airports, tunnels and bridges around New York City, continues high levels of patrol it has had in place, spokesman Steve Coleman said.

Coleman declined to offer details on the warning, but the New York City Police Department said the threat report lacked specifics and was still being assessed.

“We are aware of the information,” the department said in a statement, adding that it was working with intelligence agencies and the Joint Terrorism Task Force.

Although some of the attention of U.S. authorities has shifted to Islamic State-inspired attacks, the al Qaeda network has shown resilience more than 15 years after it was responsible for the Sept. 11 attacks on New York and the Pentagon.

Last month, the United States carried out strikes in Afghanistan targeting two of al Qaeda’s senior leaders there,  and al Qaeda’s Yemen branch has posed a risk to merchant ships in waterways nearby.

U.S. intelligence agencies still view al Qaeda and its affiliates as a top counter terrorism priority.

The White House said it was aware of the reported al Qaeda threats and mindful of increased risk of attacks during events such as Election Day.

Texas Governor Greg Abbott said in a statement his office was monitoring the situation and urged Texans to remain vigilant. In Virginia, Brian Coy, a spokesman for Governor Terry McAuliffe, said: “We are doing everything we can to keep Virginians safe, and we’re confident they are going to be able to vote safely on Election Day.”

The task force issued a notice identifying the three states as possible targets of an al Qaeda plot, a New York law enforcement official said on condition of anonymity. The official said the type of threat was common but authorities were giving it more attention because of Tuesday’s election.

CBS News first reported the threat of attacks, which it said were possible on Monday.

Authorities were assessing whether there was a plot and whether the states named were real targets or misdirection. “Another possibility is that this is just an attempt to inspire someone here to mount an attack,” the official said.

The Federal Bureau of Investigation and the Department of Homeland Security did not confirm the reports or comment on details.

In Washington, a Homeland Security official said authorities remained concerned that so-called “homegrown” militants could be inspired to attack within the United States.

“The public should expect to continue to observe an increased law enforcement and security presence across communities in public places,” the official told Reuters.

The potential for violence related to the election has already darkened a rancorous presidential race between Democrat Hillary Clinton and Republican Donald Trump, on top of the threat of computer hacking and fears that Russia or other state actors could spread political misinformation online or tamper with voting.

While federal and state authorities are beefing up cyber defenses against electronic threats to voting systems, others are taking additional steps to guard against possible civil unrest or violence.

(Additional reporting by Mark Hosenball, John Walcott, Doina Chiacu, Ian Simpson and Roberta Rampton in Washington and Nate Raymond in New York; Writing by Doina Chiacu; Editing by Jonathan Oatis and Grant McCool)

U.S. warns about possible al Qaeda attacks in Virginia, Texas, NY

The rising sun lights One World Trade as it stands over the Manhattan borough of New York, U.S.,

WASHINGTON (Reuters) – U.S. intelligence officials have warned local authorities in New York, Texas and Virginia about possible attacks by al Qaeda on Monday, a day before the U.S. presidential election, CBS News reported on Friday, citing unnamed sources.

No specific locations were mentioned, but U.S. intelligence officials alerted joint terrorism task forces about the possible threat, CBS reported.

The FBI did not comment specifically on the report. “The counterterrorism and homeland security communities remain vigilant and well-postured to defend against attacks here in the United States,” it said in a statement on Friday.

The bureau was working closely with federal, state and local law enforcement to identify and disrupt any potential threats, it said.

Reuters could not immediately verify the report, and officials at the U.S. Department of Homeland Security did not immediately respond to a request for comment.

The potential for violent clashes is darkening an already rancorous presidential race between Democrat Hillary Clinton and Republican Donald Trump, on top of the threat of computer hacking and fears that Russia or other state actors could spread political misinformation online or tamper with voting.

And while federal and state authorities are beefing up cyber defenses against potential electronic attacks on voting systems ahead of Election Day, others are taking additional steps to guard against possible civil unrest or violence.

Local authorities in Ohio, Pennsylvania, Arizona, Wisconsin and Florida told Reuters they were not boosting election-related law enforcement personnel or resources above 2012 levels.

(Reporting by Susan Heavey, Doina Chiacu in Washington and Nate Raymond in New York; Editing by Jeffrey Benkoe)

Officials in Florida, Virginia file voter fraud charges against three people

An election volunteer holds a box outside Trump Tower in the Manhattan borough of New York City,

By Scott Malone

(Reuters) – Officials in Florida and Virginia filed voter fraud charges against three people in apparently unrelated cases on Friday, just 11 days before American voters cast ballots in the hotly contested presidential race.

The charges targeted a Florida woman and a Virginia man accused of filing bogus voter registration forms and a Florida woman    alleged to have tampered with absentee ballots she was opening at the Miami-Dade Elections Department.

Republican presidential candidate Donald Trump has charged in recent weeks that the election will be rigged in favor of Democrat Hillary Clinton, though he has shown no proof for these claims and many Republicans have called them unfounded.

Miami-Dade State Attorney Katherine Fernandez Rundle in Florida said that 74-year-old Gladys Coego, had been working as an absentee ballot opener when a supervisor allegedly saw her changing ballots that had been left blank to support a mayoral candidate. Prosecutors said that Coego admitted to marking the ballots, and was charged with two felony counts of marking or designating the ballot of another.

“The integrity of the electoral process is intact because our procedures work,” said Christina White, the county’s election supervisor, in a statement.

Separately, 33-year-old Tomika Curgil was charged with five felony counts of submitting false voter registration information for allegedly handing in forms filled out by fictitious voters while working on a voter-registration drive for a medical marijuana advocacy group.

A Virginia man was also charged with submitting falsified forms while working for a voter-registration campaign, state prosecutors said.

Vafalay Massaquoi, 30, was arraigned on two felony counts of forging a public record and two counts of voter registration fraud.

“There is no allegation that any illegal vote was actually cast in this case,” said Virginia Commonwealth’s Attorney Bryan Porter. “Furthermore, since the fraudulent applications involved fictitious people, had the fraud not been uncovered, the risk of actual fraudulent votes being cast was low.”

Neither Coego, Curgil nor Massaquoi could be reached for immediate comment.

A man in Texas, where early voting started on Monday, was arrested on Monday on charges of electioneering and loitering near a polling place, public records show.

The man, Brett Mauthe, had been charged for showing up to vote in a Trump had and T-shirt with the phrase “basket of deplorables,” a reference to a comment Clinton made disparaging her rivals’ supporters, election officials told local media.

(Additional reporting by Jonathan Herskovitz in Austin, Texas, and Letitia Stein in Tampa, Florida; Editing by Jonathan Oatis)

Focus shifts to recovery and flooding as Matthew heads out to sea

A Baptist church is surrounded by flood waters after Hurricane Matthew hit Lumberton, North Carolina

By Judy Royal

CAROLINA BEACH, N.C. (Reuters) – Residents of the southeastern United States ravaged by Hurricane Matthew turned their focus on Monday toward recovery and clean-up, but officials in several states warned that deadly flooding could continue as swollen rivers crest in the coming days.

Matthew, the most powerful Atlantic storm since 2007, was downgraded to a post-tropical cyclone on Sunday after its rampage through the Caribbean killed 1,000 people in Haiti.

In the United States, the death toll rose to at least 19 people.

While power was being restored in some areas, 1.6 million people were without power in Florida, Georgia, North and South Carolina and Virginia, down from Sunday’s peak of 2.2 million. Officials were working to clear streets of fallen trees and abandoned vehicles.

With five people reported missing and rivers rising, North Carolina Governor Pat McCrory said he expected the death toll to rise. Eight people in the state were known to have died so far.

People look around the debris of the pier damaged by Hurricane Matthew in Surfside Beach, South Carolina,

People look around the debris of the pier damaged by Hurricane Matthew in Surfside Beach, South Carolina, U.S. October 9, 2016. REUTERS/Randall Hill

McCrory said several swelling rivers were expected to hit record levels and would not crest for days.

“Hurricane Matthew is off the map, but it is still with us and it is still deadly,” he said.

The National Weather Service said “life-threatening flooding” would continue on Monday over eastern portions of the state.

Many coastal and inland communities remained under water, either from coastal storm surge or overrun rivers and creeks.

All 2,000 residents of Princeville, were told on Sunday to evacuate due to flash flood risks. The town lies on the Tar River about 25 miles (40 km) north of Greenville.

Several dams have breached in the area around Cumberland County, south of Raleigh, Michael Martin, fire marshal for the city of Fayetteville, said by phone.

Swiftwater rescue teams are still on alert and there have been 255 water rescue calls and 701 people rescued.

In neighboring South Carolina, a vehicle trying to cross a flooded roadway in Florence County was swept away by flood waters, killing one person, Governor Nikki Haley said.

Jake Williams, a resident of Florence, said on early Monday that his power had been out since Saturday morning.

“Trees are down in every neighborhood on almost every road,” he said, adding “I am no weather man, but would guess that the gusts of wind were near 100 mph (160 km), and with soggy ground a lot trees couldn’t stand up to it.”

In Virginia Beach, the city said it had received over 13 inches (33 cm) of rain and 55,000 people remained without power on Sunday night. The city said that some 200 vehicles were abandoned and many roads remained impassable.

Norfolk, which declared a state of emergency, said efforts were under way to clear streets of debris and abandoned vehicles with city offices, libraries and recreational centers set to re-open Monday.

ROOFTOP RESCUE

The storm center was about 200 miles (320 km) off the coast of Cape Hatteras, North Carolina, and heading away from land, according to the National Hurricane Center’s Sunday 5 p.m. (2100 GMT) report. It discontinued all tropical storm warnings.

The storm still packed hurricane force winds as far as 90 miles (150 km) from the center and tropical-storm-force winds 240 miles (390 km) away.

U.S. President Barack Obama declared a state of emergency in Georgia and Florida, freeing up federal money to help the states repair damaged infrastructure and remove debris.

McCrory said 334 rescue workers risked their lives carrying out 877 rescues overnight.

In one of the dramatic rescues in North Carolina, out-of-state firefighters helped save three people from the roof of an SUV in inland Cumberland County, where more than 500 rescues took place.

Flash flooding turned a creek into a “roaring, raging river” that swept the vehicle off the roadway on Saturday night, said Battalion Chief Joe Downey of the Fire Department of New York. He was part of a team from three states that carried out 64 rescues on Saturday night and Sunday morning.

“Water was almost up to the roof of the SUV,” Downey said in a telephone interview. “It was bad. They had nowhere to go.”

Anthony Branch carries belongings from his home as flood waters rise after Hurricane Matthew in Lumberton, North Carolina

Anthony Branch carries belongings from his home as flood waters rise after Hurricane Matthew in Lumberton, North Carolina October 9, 2016. REUTERS/Chris Keane

Though Hurricane Matthew has moved out to sea, the Atlantic hurricane season, which runs until Nov. 30, remains active.

The National Hurricane Center said on Monday morning that tropical storm Nicole was expected to strengthen into Tuesday. The storm is around 500 miles (800 km) south of Bermuda and moving northward towards the island.

(Additional reporting by Harriet McLeod in Charleston, S.C., Eric Johnson in Seattle, and Frank McGurty, Chris Michaud and Gina Cherlus in New York, Writing by Timothy Mclaughlin; Editing by Alison Williams)

Fourth worker in a year dies at Virginia Goodyear plant

(Reuters) – A worker died at a Goodyear Tire and Rubber plant at Danville, Virginia, on Friday, the fourth fatality in a year at the site, state officials said.

Goodyear said it had reported the death to the federal Occupational Safety and Health Administration (OSHA) and would cooperate with it.

“Our hearts go out to the family, friends and co-workers of the employee during this very difficult time,” the statement said.

The employee’s identity and the circumstances of the death at the plant about 250 miles southwest of Washington were not announced.

The death at the plant was the fourth since August 2015, a spokeswoman for the Virginia Department of Labor and Industry said. The department has sent a team to the Goodyear site, she said.

Investigations into the previous three deaths have not been concluded, said Ron Graham, health director of the Virginia Occupational Safety and Health Program, which oversees federal workplace rules in the state.

The Virginia agency issued three violations totaling $16,975 in fines in February for the accident last year, according to an inspections report on the OSHA website. Goodyear is contesting the penalties. The other two accidents, prior to Friday, took place this year.

(Reporting by Ian Simpson in Washington; Editing by Phil Berlowitz)

Suspected gunman, state trooper dead in Virginia shooting

By Gary Robertson

RICHMOND, Va. (Reuters) – A Virginia state trooper and a suspected gunman died in a shooting at a Richmond bus station on Thursday, officials and local media reported.

Six people including the trooper and gunman were injured in the attack, which took place at around 2:45 p.m. ET as state police were conducting a training exercise at the bus station, near a baseball stadium, local media reported.

Reva Trammell, chairwoman of the Richmond City Council’s Public Safety Committee, told WTVR CBS 6 that a state trooper had died in the incident.

“This is one of the saddest days I’ve ever seen in Richmond, Virginia,” Trammell said.

Virginia State Police spokeswoman Corinne Geller said earlier she did not know the nature or severity of the injuries to the two troopers or to a wounded civilian female.

A spokesman for VCU Medical Center in Richmond said the hospital was expecting patients from the shooting, but declined to release further information.

NBC 12 reported on its website and television images showing the area around the bus station cordoned off with large numbers of police presence.

Michael Bickett, who said he works directly across the street from the loading area from the buses said in a direct Twitter message. “A co-worker was eating lunch in his car when he saw Greyhound Workers and customers rushing out the side door. He figured that was a good time to get back inside.”

(Additional reporting by Eric M. Johnson in Seattle and Melissa Fares in New York; Writing by Scott Malone and Eric Beech; Editing by Mohammad Zargham, Diane Craft)

Bibles survive as tornado flattens 145-year-old Virginia church

Tornadoes caused widespread damage throughout the Gulf and Atlantic coasts earlier this week, though some of the most severe destruction was reported in Virginia.

Reports to the National Weather Service indicate tornadoes caused major damage to buildings throughout the state on Wednesday, and the Virginia State Police said four people were killed.

One of those tornadoes destroyed a 145-year-old church in Tappahannock, local television station WTVR reported, but about two dozen Bibles and song books survived the destruction.

The National Weather Service’s storm reports show that an EF3 tornado, a classification that is capable of producing winds from 136 to 165 mph, tore through Tappahannock on Wednesday.

WTVR reported that no one at the church was injured, as a planned bible study had been cancelled ahead of the severe weather, but at least 25 people were injured elsewhere in town.

Tappahannock is located in Essex County, about 95 miles south of Washington.

Elsewhere, local officials said tornadoes killed two people in Louisiana and another in Mississippi on Tuesday, while a falling tree killed a man in South Carolina on Wednesday.

Death toll rises to 8 as tornadoes sweep through Southeast

The death toll from the severe thunderstorms and tornadoes that damaged homes and businesses across the United States over the past two days now stands at eight, officials said.

The National Weather Service received 68 reports of tornadoes in the Gulf Coast and Southeast on Tuesday and Wednesday, along with about 500 reports of wind damage from Florida to Maine. The reports mentioned damages to homes and businesses, indicating some were destroyed, as well as numerous downed trees and power lines throughout the storm area.

Tornadoes were reported in Louisiana, Mississippi, Alabama, Georgia and Florida on Tuesday, and Florida, Virginia and North Carolina on Wednesday. It’s possible that some of those storm reports reference the same funnel cloud, as there are numerous counties listed multiple times.

Officials said severe weather killed five people Wednesday, four in Virginia and one in South Carolina. They came a day after tornadoes killed two people in Louisiana and one in Mississippi.

The Virginia State Police said three people were killed in Waverly, where a funnel cloud was reportedly spotted, and “significant debris” left two state highways impassible in the area.

Officials in Appomattox County said one person was killed after a reported tornado left a trail of destruction that stretched at least eight miles. In a Facebook post, they said some 100 structures were damaged — 20 severely — and 40 percent of the county’s homes were without power.

Virginia Governor Terry McAuliffe declared a state of emergency, joining governors in Louisiana, Alabama and Mississippi who issued similar decrees for the severe weather.

McAuliffe’s office said the governor was heading out to survey the damage on Thursday.

The National Weather Service’s reports indicate multiple houses were destroyed near Richmond, Virginia, and five houses were damaged near Granville, North Carolina, a snippet of the storm’s impact.

The reports also say winds toppled trees and power lines in areas where tornadoes weren’t seen.

In South Carolina, the Darlington County Coroner’s Office said a 58-year-old man was killed by a falling tree as he tried to remove storm debris from a road near his home.

Those downed trees and limbs helped knock out power to tens of thousands of people along the East Coast, some of whom were still without electricity on Thursday morning.

That included about 45,000 customers in Connecticut, local utility company Eversource said.