10-23-2021  1:25 pm   •   PDX and SEA Weather
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NORTHWEST NEWS

Portland-Based Footwear Designer Plans to Reopen the Only HBCU in Michigan

Dr. D'Wayne Edwards, a Portland-based designer, announced his plans to reopen the Lewis College of Business, the defunct HBCU in Detroit. 

$2.1M Penalty for Roofing Company Over Emission Violations

Malarkey Roofing Products was penalized after the company disclosed it may have been emitting a large amount of formaldehyde, a suspected carcinogen, since 2009.

Tool for Police Reform Rarely Used by Local Prosecutors

Brady Lists flag officers whose credibility is in question due to misconduct – a designation that must be shared with defense attorneys. Defense attorneys, public defenders, civil rights groups and some prosecutors are calling for an increased use of the lists.

Portland Parks & Recreation’s Interstate Firehouse Cultural Center (IFCC) Proposed as a Center for Black Arts and Culture

Feasibility Study for community-led vision moving forward thanks to Parks Local Option Levy

NEWS BRIEFS

Bootcamp for Prep Cooks Supplies Ingredients for Entry Into Food Service Career

Individuals interested in starting a career in food service have an exciting new choice – Prep Cook Bootcamp ...

WA BLM Demands Resignation of Criminally-charged Sheriff Troyer

"He is being charged with two crimes: false reporting and making a false statement when he said that newspaper deliverer Sedrick...

'A Dangerous Time': Portland Sees Record Homicides

Unlike previous years, more bystanders are being caught in the crossfire — from people mourning at vigils and sitting in cars to...

State Agency Inadvertently Releases Employees Vaccine Status

Oregon’s central administrative agency inadvertently released the COVID-19 vaccination status of more than 40,000 state employees to...

Simple Safety Tips for Trick-or-Treating After Fauci Greenlighted Halloween 2021

Halloween 2020 brought creative ways to trick or treat while minimizing the spread of infection (

Transgender council member likely first in Washington state

ABERDEEN, Wash. (AP) — A crowd is pouring into a parking lot on Broadway Street in Aberdeen. People in booths are hawking homemade goods. There’s rainbow flags. Tweens with kitchen-sink dye jobs. Old folks and strollers. Everyone is cheering for the drag performers...

Grocer sues Oregon beef producer for [scripts/homepage/home.php].7M over outbreak

PORTLAND, Ore. (AP) — Lawyers representing New Seasons Market have filed a [scripts/homepage/home.php].7 million lawsuit against an Oregon beef producer accusing the company of negligence for delivering beef tainted with E. coli in 2019, court records show. Several people were sickened by the...

No. 21 Texas A&M runs over Missouri, 35-14

COLUMBIA, Mo. (AP) — Texas A&M coach Jimbo Fisher warned his team all week that it couldn’t afford a letdown after its upset of top-ranked Alabama. His message got through, as the 21st-ranked Aggies buried Missouri early in a 35-14 victory Saturday. “We preached it,...

No. 21 Texas A&M heads to Mizzou after 'Bama upset win

No. 21 Texas A&M (4-2, 1-2 SEC) at Missouri (3-3, 0-2), Saturday at noon EDT (SEC Network). Line: Texas A&M by 9 1/2, according to FanDuel Sportsbook. Series record: Texas A&M leads 8-7. WHAT’S AT STAKE? ...

OPINION

How Food Became the Perfect Beachhead for Gentrification

What could be the downside of fresh veggies, homemade empanadas and a pop-up restaurant specializing in banh mis? ...

Homelessness, Houselessness in the Richest Country in the World: An Uncommon Logic

When and why did the United States of America chose the wealth of a few over the health, wealth, and well-being of so many ...

American Business Leaders Step Up to Fight Inequities in the South

With COVID-19 still an omnipresent concern and the country’s recovery still very much in jeopardy, individuals, families, and communities are struggling to deal with issues that have only been exacerbated by the pandemic. ...

Waters Statement on 20th Anniversary of September 11 Attacks

Twenty years ago today, our nation suffered devastating terrorist attacks on our soil and against our people that wholly and completely changed the world as we knew it. ...

AFRICAN AMERICANS IN THE NEWS

'Widespread' racial harassment found at Utah school district

SALT LAKE CITY (AP) — A federal civil rights investigation released Thursday found widespread racial harassment of Black and Asian American students at a Utah school district, including hundreds of documented uses of the N-word and other racial epithets over the last five years. ...

Oklahoma St. coach Gundy agrees to perpetual 5-year deal

Oklahoma State coach Mike Gundy has agreed to a new contract that will keep him on a perpetual five-year deal at his alma mater. The OSU/A&M Board of Regents has approved the recommendation from Oklahoma State president Dr. Kayse Shrum and Oklahoma State athletic director...

Debut of Huey Newton bust spotlights an influential figure

It was the first time in decades that she’d seen his glow. At the California foundry that fired a bust of Black Panther Party co-founder Huey Percy Newton, his widow supervised as a bronze caster put finishing touches on what is to become the first permanent public art piece...

ENTERTAINMENT

In memoir, Katie Couric writes of feeling betrayed by Lauer

NEW YORK (AP) — On a summer day in the Hamptons last year, Katie Couric and her husband, John Molner, went out for a walk and saw a familiar white jeep drive by with Matt Lauer at the wheel. No waves, no hellos. Couric writes in her new memoir, “Going There,” that she...

Review: 'Ron's Gone Wrong' has the movie code all jumbled

There's a clear message in the new film “Ron’s Gone Wrong” and that message is to stop watching films like “Ron’s Gone Wrong.” A derivative tale about a middle schooler and his quirky computer sidekick, the animated film seems to want to preach we should all...

Caro exhibit 'Turn the Page' is a window into his world

NEW YORK (AP) — Days shy of his 86th birthday, Robert A. Caro has reached the point where his own life is a piece of history. The New-York Historical Society has established a permanent exhibit dedicated to Caro, winner of two Pulitzer Prizes and many other honors for his epic...

U.S. & WORLD NEWS

A moving 'reunion' for descendants of Holocaust survivors

WESTLAKE, Texas (AP) — Anna Salton Eisen found the old pictures — wallet-size, black-and-white images of...

After 'Rust' shooting, a look at other notable set accidents

LOS ANGELES (AP) — The shooting death of a cinematographer on the set of the set of the Alec Baldwin movie...

Disruptions to schooling fall hardest on vulnerable students

Even as schools have returned in full swing across the country, complications wrought by the pandemic persist,...

Rick becomes hurricane off Mexico's Pacific coast

MEXICO CITY (AP) — Rick strengthened to a hurricane Saturday off Mexico’s southern...

Prince Charles warns of narrow window to face climate change

LONDON (AP) — Prince Charles issued a warning to the world days before leaders gather in the U.K. for crucial...

Spain pledges quicker help for La Palma volcano damage

SANTA CRUZ DE LA PALMA, Canary Islands (AP) — Spain’s prime minister announced Saturday that his government...

Bill Mears CNN Supreme Court Producer

WASHINGTON (CNN) -- A federal judge used tough language to block efforts by the Obama administration to limit the legal rights of terror suspects held at the Guantanamo Bay military prison in Cuba, ruling Thursday that proposed changes were an "illegitimate exercise of executive power."

Officials of the departments of Justice and Defense had claimed they alone should decide when the prisoners deserve regular access to their attorneys.

But in a 32-page ruling, Judge Royce Lamberth said federal courts had proper authority to decide the matter, and criticized the executive branch for recently changing the procedures, when he said the current system was working well.

"The old maxim 'if it ain't broke, don't fix it' would seem to caution against altering a counsel-access regime that has proven safe, efficient, and eminently workable," said Lamberth. "Indeed," he added, "the government had no answer when the court posed this question in oral arguments" last month.

"Access to the courts means nothing without access to counsel," added the judge.

Justice Department lawyers said they have started restricting when Guantanamo prisoners could challenge their detention in the Washington-based federal court. If approved, any relaxing of the rules would be made on a case-by-case basis at the exclusive discretion of military officials, not by the courts.

At issue is whether a Supreme Court decision on detainee rights from 2008 gives federal courts the ultimate power to control so-called "habeas" petitions from foreign combatants in U.S. military custody. Volunteer private lawyers say they deserve regular access to their imprisoned clients, even if there is no active habeas challenge pending in court, or any pending charges.

Under the proposed changes, the Navy base commander at Guantanamo would have sole veto power over attorney access, as well as access to classified material, including information provided directly by the detainees from interrogations.

"The dispute thus before the court, though important, is quite narrow," said the government in its earlier legal filing. "The only question presented is whether detainees who have neither current nor impending habeas petitions are entitled to" challenge continued access to counsel. "The answer to that question is 'no.'"

Lamberth's Washington-based federal court has been handling the many appeals filed by the prisoners. There are currently 168 detainees -- all male -- in the Guantanamo facility, most of whom do not have pending charges. Five Muslim men labeled "high-value detainees" are being prosecuted before a military commission for their alleged leadership roles in the 9/11 terrorist attacks.

In the so-called Boumediene ruling in 2008, the high court said "enemy combatants" held overseas in U.S. military custody have a right to a "meaningful review" of their detention in the civilian legal justice system. It would force the government to present evidence and justify keeping the prisoners indefinitely, without charges. But a federal appeals court in Washington has since refused to order the release of any detainee filing a habeas corpus writ, in some cases rejecting such orders from lower-court judges.

Civil rights groups applauded the court opinion.

"The court has correctly recognized the government's attempt to restrict attorney access to the men at Guantanamo as the latest in a ten year history of successive efforts to "delay, hinder, or prevent access to the courts," said Vincent Warren, executive director of the Center for Constitutional Rights, which has been representing many of the Gitmo prisoners. "The new rules came out of the blue and can only be seen as an effort to punish the men at Guantanamo for exercising their right to challenge their detention. These rules would have given the government unfettered control over Guantanamo. As the court said, the executive cannot be trusted with such power."

The administration has argued it does not seek to restrict lawyers who have an active legal appeal, but that the rights of detainees shrink once they have filed their first habeas challenge. The military says lawyers must now agree to the new conditions in order to have continued access to their clients and to any classified information the military would deem to release.

And lawyers would be prohibited from using any information they gather that might help the prisoners appearing before a Periodic Review Board. Review boards are newly designed panels of military officials to decide whether a Guantanamo inmate should continue to be held, and whether that person is a national security threat.

Those boards were put in place by President Barack Obama by executive order, but have not been fully implemented.

"Executive Order 13,567 does not provide detainees who undergo PRB review with a judicially enforceable right to counsel, or any justification for asking the Court to impose a counsel-access regime on the PRB process other than the one developed, per the Order's direction, by the Secretary of Defense," said the government. "As a general matter, executive orders are viewed as management tools for implementing the President's policies, not as legally binding documents that may be enforced against the Executive Branch."

The government said the court's power to intervene was limited, and had urged Judge Lamberth to deny the request guaranteeing attorney access. But in strong language the judge refused.

"The court has an obligation to assure that those seeking to challenge their executive detention by petitioning for habeas relief have adequate, effective and meaningful access to the courts," said Lamberth. "And it is undisputed that petitioners here have a continuing right to seek habeas relief. It follows that petitioners have an ongoing right to access the courts and, necessarily, to consult with counsel. Therefore, the Government's attempt to supersede the court's authority is an illegitimate exercise of executive power.

"The court, whose duty it is to secure an individual's liberty from unauthorized and illegal Executive confinement, cannot now tell a prisoner that he must beg leave of the executive's grace before the court will involve itself. This very notion offends the separation-of-powers principles and our constitutional scheme."

The Justice Department now has the option of asking a federal appeals court to intervene.

The case is In re: Guantanamo Bay Detainee Continued Access to Counsel (1:04-cv-1254).

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