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Police and protesters clash in St. Louis after former cop who shot black driver acquitted on murder charges
Demonstrators clashed with police officers Friday night in St. Louis after the acquittal of a white former police officer who was charged with murder last year for fatally shooting a black driver after a car chase.
In a video tweeted after midnight on Saturday, St. Louis police chief Lawrence O’Toole said at least 23 people had been arrested as of 6 p.m., and 10 police officers had suffered injuries including a broken jaw and a dislocated shoulder.
“Many of the demonstrators were peaceful. However, after dark, many agitators began to destroy property and assault police officers,” O’Toole said in a joint video statement with Mayor Lyda Krewson.
O’Toole said the protesters assaulted police with bricks and bottles, and officers responded by using tear gas and firing pepper-spray balls as a “less lethal option.”
Roughly 1,000 protesters descended on the mayor’s home, throwing rocks and breaking windows, according to the St. Louis Post-Dispatch. They were met by about 200 police in riot gear who tried to disperse them with tear gas. The mayor did not appear to be home.
The night of violence began with peaceful demonstrations earlier in the day after a judge acquitted former St. Louis police officer Jason Stockley for killing Anthony Lamar Smith in December 2011.
In a court document submitted by the St. Louis circuit attorney, the investigator on the case said Stockley and another officer had been chasing Smith at speeds up to 80 m.p.h. when Stockley said he was “going to kill this motherf‑‑‑er, don’t you know it” and told the officer to drive into Smith’s slowing car.
The document said Stockley then approached Smith’s window and fired five times into the car, hitting Smith “with each shot” and killing him. In addition, prosecutors accused the officer of planting a gun on the victim: There was a gun found in Smith’s car, but it was later determined to have DNA only from Stockley.
[Former St. Louis police officer charged with murder in fatal 2011 shooting of black man]
Judge Timothy Wilson, the circuit judge who heard the case in a bench trial, acquitted Stockley on the murder charge as well as a charge of armed criminal action in a 30-page order released Friday morning.
Wilson wrote that he was “simply not firmly convinced” of Stockley’s guilt, saying that “agonizingly,” he went over the case’s evidence repeatedly. Ultimately, Wilson said, he was not convinced that the state proved beyond a reasonable doubt that Stockley “did not act in self-defense.”
Following the verdict, Smith’s mother, Annie, said the judge made the wrong decision.
“Justice wasn’t served. I can never be at peace,” she told Fox2Now.
In an interview with the St. Louis Post-Dispatch, Stockley, 36, who relocated to Houston, acknowledged the hurt Smith’s family is feeling. “I know everyone wants someone to blame,” he told the newspaper, “but I’m just not the guy.”
When asked why he agreed to address the case, tears filled his eyes. “Because I did nothing wrong,” he said. “If you’re telling the truth and you’ve been wrongly accused, you should shout it from the rooftops.”
A West Point graduate who served with the Army in Iraq, Stockley said that his job as a St. Louis cop grew so dangerous, he began carrying unauthorized weapons with extra rounds.
“I accept full responsibility for violating the rules,” he said. “But it’s not a moral crime. It’s a rule violation.”
Local and state officials said they were prepared for potential unrest following the acquittal. Some schools in the St. Louis area were shuttered and events in the region were postponed as the verdict loomed.
In the afternoon, police used pepper spray on protesters blocking their path, while demonstrators smashed the front windshield of a police SUV, the Post-Dispatch reported.
On Friday night, Missouri Gov. Eric Greitens (R), who had put the state’s National Guard on standby ahead of the verdict and potential protests, chastised those who engaged in violence, saying it “is not going to be tolerated here in the state of Missouri.”
Before the verdict was announced, Greitens stood with Christina Wilson, Smith’s fiancee, to deliver a joint message asking people to protest peacefully.
“If you feel like you want to speak out, speak how you feel,” Wilson said at the news briefing. “And whatever comes to you, just do it in a peaceful way.”
Greitens, speaking after Wilson, urged people who felt pain after the verdict not to “turn that pain into violence.”
“One life has been lost in this case, and we don’t need more bloodshed,” he said.
[Video footage shows Minn. traffic stop that ended with Philando Castile’s death]
Neil J. Bruntrager, an attorney for Stockley, said in a telephone interview that the judge’s detailed opinion explaining the verdict was his “best effort in that regard to make sure people understand why he did what he did.”
The unrest has gripped the St. Louis region, which was rocked in 2014 when an officer in suburban Ferguson shot and killed Michael Brown, an unarmed teenager.
That shooting prompted intense, sometimes violent protests, as did the decision months later not to indict that officer, Darren Wilson. The case, and the protests that followed, garnered worldwide attention, and in many ways kick-started the nationwide focus on police officers’ use of deadly force, particularly against black men and boys.
Since Ferguson, police shootings or other uses of force — and decisions not to charge the officers in most of the cases involved — have set off heated protests in New York, Baltimore, Chicago, San Francisco, Los Angeles, Charlotte and other cities across the country.
But the specter of Ferguson has lingered over St. Louis, which last month marked the third anniversary of Brown’s death. It has also fueled a change in the way local officials respond to shootings and potential protests, with officials in some cases hurrying to release information to avoid becoming the “another Ferguson,” as one civil rights leader put it after a police shooting in his community.
Krewson, the city’s mayor, said in a statement Friday she is “appalled” by what happened to Smith.
“I am sobered by this outcome,” she wrote. “I will continue my work to create a more equitable community.”
Before the verdict, activists in the St. Louis region pledged “mass disruption” should Stockley wind up getting acquitted, vowing the outcome would “look a lot like Ferguson.”
Demonstrators began gathering in the streets after the acquittal Friday, growing in size as the day wore on.
Jeffrey A. Mittman, executive director of the American Civil Liberties Union of Missouri, said Smith “died unnecessarily” in 2011.
“This region — and our country as a whole — have seen too many deaths caused by police, with little accountability for the officers or department involved,” Mittman said in a statement.
Smith’s death preceded the wave of police shootings and other uses of force that captured national attention recently. Stockley was ultimately charged last year after new evidence emerged from the St. Louis city police and the FBI, according to the circuit attorney, who did not disclose what that was. According to the circuit attorney’s office, the St. Louis police’s internal affairs investigators contacted them in March 2016 with this new evidence that ultimately made the prosecutor pursue charges.
Prosecutors said during the trial that they believe Stockley, who left the St. Louis police force in 2013, planted a gun on Smith after the shooting.
Attorneys for Stockley said the officer acted in self-defense because he feared that Smith was going to shoot him. When he testified, Stockley denied planting the gun in Smith’s car, saying he first touched it when searching the vehicle.
In his order acquitting Stockley on Friday, Wilson said he did not believe evidence supported the prosecution’s argument that the officer planted the gun.
Wilson outlined a history of the case, saying that Smith’s car crashed into a police vehicle before driving off. Stockley fired shots at Smith’s car before they pursued him in a high-speed car chase that Wilson said lasted three minutes, endangered drivers and pedestrians and was “stressful” for the officers involved.
According to Wilson’s account, which in part is based on the dashboard camera from the police car, Stockley approached Smith’s car with his hand on his holstered gun and then appeared to wrestle “with something or someone at the window.” Stockley is then seen drawing his gun and firing.
A medical examiner later said that Smith had been shot five times, with one bullet going through Smith’s heart, Wilson wrote. The medical examiner could not say whether Smith was reaching for anything when he was shot.
Wilson said that he did not believe Stockley’s actions after the pursuit were “consistent with the conduct of a person intentionally killing another person unlawfully,” noting that Stockley did not immediately open fire when approaching Smith’s car and adding that the officer had been told Smith had a gun.
“No one promised a rose garden, and this surely is not one,” Wilson wrote.
Wilson also discussed Stockley’s comment about killing Smith, saying that the pursuit was stressful for the officers involved, noting that “people say all kinds of things in the heat of the moment or while in stressful situations.”
Bruntrager, Stockley’s attorney, said that while it is terrible when someone loses their life, Stockley felt some “personal satisfaction” because Wilson’s order showed he viewed the former officer as credible.
“Particularly police officers who’ve been through this,” Bruntrager said of officers facing charges or possible charges after fatal shootings. “They know what they know, they know what they saw. When they hear someone say yes, I believe that is what happened, that makes a difference.”
The decision to charge Stockley last year came as the number of law enforcement officers charged for deadly on-duty shootings has increased, which experts have attributed to an increase in video evidence and public pressure. But the increased number of charges have not led to more convictions, which remain very rare in cases involving officers charged for shooting someone or using deadly force while on-duty.
In the span of a week this summer, juries opted against convicting three police officers charged in high-profile shootings that were captured on video. In each of those cases, the video and the case prompted protests and unrest. In each of those cases, prosecutors filed charges and decried what had happened. Each case ended with an acquittal, showing what law enforcement officials and experts say are the limitations of video evidence.
“This not guilty verdict of a police officer who violently killed a citizen is another slap in the face to the black community in St. Louis. And a shot in the heart to the family of the victim,” Missouri State Rep. Michael Butler (D-St. Louis) said in a statement issued Friday morning, adding that the verdict has left him “appalled.”
“This system and all the politicians calling for peace are ignoring the pain this verdict causes our communities. Anthony Lamar Smith is dead from a violent act and you want us to be peaceful? You want us to not feel anger? The very people paid to protect us are killing us, paid to make peace are perpetuating violence, and we are supposed to be peaceful?” he wrote. “We will be nonviolent but we will not settle on peace. No justice. No peace.”
This story has been updated since it was first published.
Further reading:
The Washington Post’s database of police shootings this year
Former Milwaukee police officer acquitted in fatal shooting of Sylville Smith
Mistrial declared in case of South Carolina officer who shot Walter Scott after traffic stop
‘Burned’ Trump finds comfort with Democrats
Over the past forty years, Donald Trump has styled himself as many men: master builder and magic marketer, inconvenient truth-teller, savvy gamer of the system, politically incorrect provocateur. But no role has been more central to his identity than that of peerless deal-maker – until the first frustrating months of his presidency smudged the luster off that gilded brand.
So it shouldn’t be surprising that Trump has in the last week sought to strike deals where he can find them – with Democrats – even if many of his aides, supporters and Republicans in Congress think that means he’s looking for love in all the wrong places. In fact, Trump’s recent outreach to Chuck Schumer and Nancy Pelosi is more readily explainable in terms of the president’s ego and psyche than it is in terms of any considered political or legislative strategy.
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“I think he feels he got burned so bad in the first seven months by the Republican leadership and their inability to do anything that if he wants to get accomplishments on infrastructure or taxes or DACA, that the only way to do it is to work with the leaders of the Democratic Party,” said former Ray LaHood, a former Republican congressman and Transportation Secretary under President Barack Obama, referring to the Deferred Action for Childhood Arrivals program that has let young illegal immigrants avoid deportation. “The first seven months were just simply a joke.”
It remains to be seen whether Trump’s agreement with Democratic congressional leaders to raise the debt ceiling – and a more tentative plan to preserve the DACA program while increasing border security – is the beginning of a new period of accomplishment or merely the latest predictably unpredictable act of a presidency that has been defined by the same. But at a stroke, the president seized control of the Beltway narrative, upended conventional wisdom about his intentions and perhaps his abilities, and has seemed to relish the feeling.
“It’s always risky imputing strategy or a change in interest in policy with Trump,” said Thomas Mann, a senior fellow at the Brookings Institution and co-author of the new book, “One Nation After Trump: A Guide for the Perplexed, the Disillusioned, the Desperate and the Not-Yet Deported.” “My guess is that he didn’t like the vibes about a first year empty of accomplishments and decided Paul Ryan and Mitch McConnell had led him astray. So he’s rolling the dice, making nice with Chuck and Nancy, hoping to bag a deal or two, shake things up, change the media narrative, get attention away from the Russia investigation. But he hasn’t thought anything through to the next steps. He’s improvising as he goes, relying on his gut, looking for emotionally satisfying cable news coverage.”
The reaction from some of Trump’s most ardent allies was swift and unrelentingly negative. Rep. Steve King (R-Iowa), perhaps the hardest immigration hard-liner in Congress, tweeted that the president’s base would be “blown up, destroyed, irreparable and disillusioned beyond repair” if his tentative framework for immigration deal held. But it is far from clear just where Trump’s base would go, since many of them flocked to him in the first place because they believed the lineup of conventional politicians in both parties left them no other option.
Trump’s latest actions may also have the effect of shielding the dwindling ranks of moderate Republicans – and even some party leaders — who agree with him on preserving the “Dreamers” immigration program for illegal residents brought here as children, but don’t want to be seen as taking a position that might alienate their constituents or most conservative colleagues. Even before Trump’s dinner with Pelosi and Schumer, some congressional conservatives had acknowledged they could envision the shape of a possible deal, depending on how far Democrats went to toughen border enforcement. The speed with which Speaker Paul Ryan insisted there was no “agreement” on immigration actually seemed proof enough of how far the president had already moved the ball.
And taking incoming fire from his right flank may be far from the worst thing for Trump’s political fortunes, considering that polls show about two thirds of voters think he is doing more to divide the country than to unite it. When Bill Clinton signed a Republican-drafted bill to overhaul welfare in 1996, his fellow Democrat, Senator Daniel Patrick Moynihan of New York, warned that it would be “the most brutal act of social policy since Reconstruction.” That turned out not to be true, Clinton’s poll numbers rose, and he coasted to re-election against Bob Dole that fall.
But there’s a big difference between Trump’s position today and Clinton’s 20 years ago: Clinton was forced to bargain because the Democrats had lost control of both houses of Congress for the first time in 40 years, and his presidency was on the ropes. Trump’s party now has majorities in both the House and Senate – albeit somewhat fragile majorities that Trump’s congressional allies believe that his uneven performance and his latest actions could well put at risk. And unlike Trump’s dinner table diplomacy with the Democrats, conducted over the objections of some of his most senior aides, and with the exclusion of the GOP congressional leadership, Clinton’s compromises on welfare and balancing the budget were strongly backed by his politically ambidextrous chief strategist, Dick Morris. “I signed that bill because I trusted you,” Clinton told Morris in the face of incoming liberal flak.
But like Trump, Clinton was a deal-maker at heart, and he couldn’t resist the temptation to put some runs on the board, whatever the remonstrance of liberals in his own party. “Clinton and Newt Gingrich came to Washington to get stuff done, and even though they didn’t like one another, they knew their job was to get things done,” LaHood recalled. “Welfare, the balanced budget, tax reform – you name it, they got it done. That seems to be the chemistry with Trump at the moment.”
It’s far from unheard of for presidents to buck the congressional wings of their own parties to make a deal with the opposition on their own priorities. Lyndon Johnson ran roughshod over segregationist southern Democrats – and dismissed the worried pleas of some northern liberals – to make common cause with Midwestern Republicans on civil rights. Senator Everett Dirksen, the GOP leader of that era, often remarked that his only unshakable principle was flexibility – a maxim that Trump indisputably shares – and his son-in-law Howard Baker once said that “every idea he held, he held tentatively.”
It is true that radical changes in demographics and party structure have made such across-the-aisle alliances much less likely – indeed, often impossible – today. But it seems equally possible that Trump actually likes Schumer, his fellow New Yorker, and has a grudging respect for Pelosi’s partisan street-fighter’s skills.
Whether the spirit of comity struck up over beef medallions at the White House will produce meaningful legislation is another question, of course. For now, there are plenty of skeptics.
“I think we can expect more abrupt changes, attacks on allies, and flirtations with adversaries but with little constructive follow-up,” said Brookings’s Mann. “This dude is in the wrong job, and it’s not as much fun as he thought it would be.”
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Parsons Green: London Tube blast treated as terror incident
Image copyright
PA
London Underground passengers have been hurt after an explosion on a District Line train in south-west London.
Police and paramedics were called at 08:20 BST (07:20 GMT) on Friday to Parsons Green station in Fulham.
Pictures show a white bucket on fire inside a supermarket bag, but do not appear to show extensive damage to the inside of the Tube train carriage.
BBC Security Correspondent Frank Gardner said the Met Counter Terrorism Command is leading the response.
It is too early to say who caused the explosion, he added.
Witnesses described seeing at least one passenger with facial injuries.
Others have spoken of “panic” as alarmed passengers left the train at Parsons Green station.
London Ambulance Service says it has sent a hazardous area response team to the scene.

Passenger Chris Wildish told BBC Radio 5 live he saw a bucket in a supermarket bag with “low-level flames coming out of it” by the door of the rear carriage.
One witness, called Luke, told 5 live there was “a sort of loud explosion”.
“It happened just as we were pulling up to the Tube station so everyone just sort of piled out of the Tube and there was a distinct smell of burning,” he said.
“I certainly saw some burning injuries,” he said, but added that “everyone behaved in the right manner as such, everyone got off as quickly as they can and you know supported everyone”.

Emma, who was at Parsons Green station, said: “We were running down the stairs like… it felt like for our lives.
“I went down the stairs and after a while people were just piling on top of each other, because people were falling over trying to run so quickly.
“There were two ladies underneath me and a little boy to my right, his head had been smacked into the concrete.”

BBC London presenter Riz Lateef, who was at Parsons Green on her way in to work, said: “There was panic as people rushed from the train, hearing what appeared to be an explosion.
“People were left with cuts and grazes from trying to flee the scene. There was lots of panic.”
Image copyright
AFP
BBC News presenter Sophie Raworth says she saw a woman on a stretcher with burns to her face and legs.
Alex Littlefield, 24, a City worker, said: “I was walking around the corner to the Parsons Green Tube station and I saw the raised platform with everyone running and looking upset.
“I saw police officers, fire brigade… masses of people and armed police. There were lots of very, very distressed people. We’ve been pushed right back now.”
Image copyright
Reuters
Image copyright
Reuters
Media technology consultant Richard Aylmer-Hall who was sitting on the “packed” District Line train said he saw several people injured, having apparently been trampled as they tried to escape.
The 53-year-old said: “Suddenly there was panic, lots of people shouting, screaming, lots of screaming.
“There was a woman on the platform who said she had seen a bag, a flash and a bang, so obviously something had gone off.
“I saw crying women, there was lots of shouting and screaming, there was a bit of a crush on the stairs going down to the streets.”
Image copyright
@emmastevie1
Natasha Wills, assistant director of operations at London Ambulance Service, said: “We were called at 8:20 to reports of an incident at Parsons Green underground station.
“We have sent multiple resources to the scene including single responders in cars, ambulance crews, incident response officers and our hazardous area response team, with the first of our medics arriving in under five minutes.
“Our initial priority is to assess the level and nature of injuries. More information will follow when we have it.”
Image copyright
Alex Littlefield
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North Korea fires another missile over Japan, deepening regional tension
SEOUL/TOKYO (Reuters) – North Korea fired a missile that flew over Japan’s northern Hokkaido far out into the Pacific Ocean on Friday, South Korean and Japanese officials said, deepening tension after Pyongyang’s recent test of its most powerful nuclear bomb.
The missile flew over Japan and landed in the Pacific about 2,000 km (1,240 miles) east of Hokkaido, Japanese Chief Cabinet Secretary Yoshihide Suga told reporters.
The missile reached an altitude of about 770 km (480 miles) and flew for about 19 minutes over a distance of about 3,700 km (2,300 miles), according to South Korea’s military – far enough to reach the U.S. Pacific territory of Guam.
On Aug 29, North Korea launched an intermediate-range ballistic missile, the Hwasong-12, which traveled 2,700 km (1,700 miles), also over Japan.
“The range of this test was significant since North Korea demonstrated that it could reach Guam with this missile,” the Union of Concerned Scientists said in a statement.
However, it said the accuracy of the missile, still at an early stage of development, was low, so it would be difficult to destroy the U.S. Andersen Air Force Base on Guam.
Warning announcements about the missile blared around 7 a.m. (2200 GMT Thursday) in parts of northern Japan, while many residents received alerts on their mobile phones or saw warnings on TV telling them to seek refuge.
U.S. Secretary of Defense Jim Mattis said the launch “put millions of Japanese into duck and cover”, although residents of northern Japan appeared calm and went about their business as normal after the second such launch in less than a month.
The U.S. military said soon after the launch it had detected a single intermediate range ballistic missile but the missile did not pose a threat to North America or the U.S. Pacific territory of Guam, which lies 3,400 km (2,110 miles) from North Korea. Pyongyang had previously threatened to launch missiles towards Guam.
U.S. officials repeated Washington’s “ironclad” commitments to the defense of its allies. Secretary of State Rex Tillerson called for “new measures” against North Korea and said the “continued provocations only deepen North Korea’s diplomatic and economic isolation”.
South Korean President Moon Jae-in echoed that view and said dialogue with the North was impossible at this point. He ordered officials to analyze and prepare for possible new North Korean threats, including electromagnetic pulse and biochemical attacks, a spokesman said.
Related Coverage
For a graphic on North Korea’s missile and nuclear test, click: here
CLEAR MESSAGE
The United Nations Security Council was to meet at 3 p.m. EDT (1900 GMT) on Friday at the request of the United States and Japan, diplomats said, just days after its 15 members unanimously stepped up sanctions against North Korea over its Sept. 3 nuclear test.
Those sanctions imposed a ban on North Korea’s textile exports and capped its imports of crude oil.
“The international community needs to come together and send a clear message to North Korea that it is threatening world peace with its actions,” Japanese Prime Minister Shinzo Abe told reporters in Tokyo, describing the launch as “unacceptable”.
North Korea has launched dozens of missiles under young leader Kim Jong Un as it accelerates a weapons program designed to give it the ability to target the United States with a powerful, nuclear-tipped missile. Two tests in July were for long-range intercontinental ballistic missiles capable of reaching at least parts of the U.S. mainland.
“This rocket has meaning in that North Korea is pushing towards technological completion of its missiles and that North Korea may be feeling some pressure that they need to show the international community something,” said Yang Uk, a senior research fellow at the Korea Defence and Security Forum.
Last month, North Korea fired an intermediate range missile from a similar area near the capital Pyongyang that also flew over Hokkaido into the ocean and said more would follow.
“The first time was unexpected, but I think people are getting used to this as the new normal,” said Andrew Kaz, who teaches English in Kushiro City in Hokkaido. “The most it seemed to disrupt was my coffee.”
South Korea said it had fired a missile test into the sea to coincide with North Korea’s launch and the presidential Blue House has called an urgent National Security Council meeting. Japan also convened a National Security Council meeting.
Pyongyang had threatened a day earlier to sink Japan and reduce the United States to “ashes and darkness” for supporting the Security Council’s latest resolution and sanctions.
The U.S. general overseeing America’s nuclear forces said on Thursday he assumed that North Korea’s latest nuclear test was in fact a hydrogen bomb, as Pyongyang had claimed, based on the size of the blast.
“I‘m assuming it was a hydrogen bomb,” Air Force General John Hyten, head of the U.S. military’s Strategic Command, told a small group of reporters who were accompanying Mattis on a trip to Hyten’s headquarters in Nebraska.
“DANGEROUS, RECKLESS”
The North accuses the United States, which has 28,500 troops in South Korea, of planning to invade and regularly threatens to destroy it and its Asian allies.
The U.S. dollar fell sharply against the safe-haven yen and Swiss franc in early Asian hours in response to the launch, although losses were quickly pared in very jittery trade.
U.S. President Donald Trump had been briefed on the latest launch, the White House said.
Trump has vowed that North Korea will never be allowed to threaten the United States with a nuclear-tipped missile, but has also asked China to do more to rein in its neighbor. China in turn favors an international response to the problem.
“China and Russia must indicate their intolerance for these reckless missile launches by taking direct actions of their own,” Tillerson said.
China’s foreign ministry spokeswomen Hua Chunying denied that China held the key to easing tension on the peninsula and said that duty lay with the parties directly involved.
“Any attempt to wash their hands of the issue is irresponsible and unhelpful for its resolution,” she said, reiterating China’s position that sanctions are only effective if paired with talks.
The United States and South Korea are technically still at war with North Korea because the 1950-53 Korean conflict ended with a truce and not a peace treaty.
Reporting by Jack Kim and Christine Kim in SEOUL and Hideyuki Sano in TOKYO; Additional reporting by William Mallard, Tim Kelly and Chehui Peh in TOKYO, Mohammad Zargham and David Brunnstrom in WASHINGTON, and Phil Stewart in NEBRASKA; Christian Shepherd in BEIJING; Writing by Linda Sieg; Editing by Lincoln Feast and Clarence Fernandez
Martin Shkreli jailed after Facebook post about Hillary Clinton
Martin Shkreli is interviewed on Fox Business on Aug. 15. (Richard Drew/AP)
NEW YORK — A federal judge on Wednesday revoked the $5 million bail of Martin Shkreli, the infamous former hedge fund manager convicted of defrauding investors, after prosecutors complained that his out-of-court antics posed a danger to the community.
While awaiting sentencing, Shkreli has harassed women online, prosecutors argued, and even offered his Facebook followers $5,000 to grab a strand of Hillary Clinton’s hair during her book tour. Shkreli, who faces up to 20 years in prison for securities fraud, apologized in writing, saying that he did not expect anyone to take his online comments seriously, and his attorneys pleaded with the judge Wednesday to give him another chance.
“The fact that he continues to remain unaware of the inappropriateness of his actions or words demonstrates to me that he may be creating ongoing risk to the community,” said U.S. District Judge Kiyo Matsumoto, in revoking his bond.
“This is a solicitation of assault. That is not protected by the First Amendment.”
Shkreli, wearing a lavender button-down shirt and slacks, was taken into custody immediately after the hour-long hearing. He did not appear to react at the judge’s decision though he appeared more nervous than when he entered court and refused to ride the elevator with one reporter because they were “fake news.” He will be sent to a maximum-security prison until his sentencing hearing in January.
Shkreli, 34, is best known for raising the price of an AIDS drug by 5,000 percent but he was convicted by a Brooklyn jury of defrauding the investors in his hedge funds. Shkreli lied to obtain investors’ money then didn’t tell them when he made a bad stock bet that led to massive losses, prosecutors argued. Instead, they said, he raised more money to pay off other investors or took money and stock from a pharmaceutical company, Retrophin, he was running.
Shkreli, who has indicated that he will appeal his conviction, argued at trial that he ultimately made money for his investors and did not intend to defraud them.
Instead of shrinking from the public outrage that has followed him for two years, Shkreli has mounted an erratic and sometimes outrageous online defense of himself, appearing to revel in the negative attention.
His 70,000 Facebook followers do not take his statements seriously, said Shkreli’s attorney Benjamin Brafman. “He did not intended to cause harm,” he said. “Being inappropriate does not make you a danger to the community.”
“He says things that are stupid. I don’t think stupid makes you violent,” Brafman said.
Shkreli’s lawyers compared his online comments to the political humor of Kathy Griffin, who once held up a photograph of a faux bloody head of President Trump. They also compared him to Trump himself. During the campaign, Trump used “political hyperbole,” Shkreli’s attorneys said, when he said that Clinton, his Democratic opponent, would abolish the Second Amendment if elected. “By the way, and if she gets to pick her judges, nothing you can do, folks. Although the Second Amendment people, maybe there is, I don’t know,” Trump said.
“He did not hold up the severed head of the president of the United States like Kathy Griffin,” Brafman said.
But prosecutors argued that Shkreli already had been given plenty of opportunities to act appropriately. His posts about Hillary Clinton and female journalists show an “escalating pattern of violence against women that is incredibly disturbing,” Jacquelyn Kasulis, the lead prosecutor said. “It is clear that he is reckless. He knew exactly what he was doing. He has to go in. … He doesn’t respect the rule of law.”
They noted his post was taken seriously enough that the Secret Service sought an interview with Shkreli and had to increase the security measures around Clinton.
After a person is convicted, it is up to them to prove that they should be out on bail pending sentencing, prosecutors argued. “He is not special by any stretch of the imagination. He should be incarcerated because he is a felon,” Kasulis said.
Matsumoto appeared particularly concerned that one of Shkreli’s Facebook followers could take his offer of $5,000 for a strand of Clinton’s hair seriously. Shkreli said he wanted the hair — with a follicle — to compare Clinton’s DNA to a sample he already had. His attorneys said the post was satire and could not be taken seriously.
“What is funny about that,” a visibly frustrated Matsumoto said. “He doesn’t know who his followers are. He doesn’t know if someone it going to take his offer seriously. … He is soliciting an assault on another person for $5,000.”
This is not the first time prosecutors have complained to Matsumoto about Shkreli’s conduct. During the trial, Matsumoto chastised Shkreli for speaking with reporters in the courthouse where jurors could potentially hear him. Prosecutors had complained Shkreli’s comments — including mocking them as the “junior varsity” — were inappropriate and could taint the jury pool. Shkreli apologized after that incident too.
[The fascinating legal argument at the heart of the Martin Shkreli ‘Pharma Bro’ trial]
Since his conviction, the loquacious executive has kept an active — and combative — online presence. In addition to asking for someone to grab a strand of Clinton’s hair, he has offered investment advice and announced the sale of the only known copy of “Once Upon a Time in Shaolin,” a Wu Tang Clan album, that he purchased for $2 million in 2015.
“I hope someone with a bigger heart for music can be found for this one-of-a-kind piece and makes it available for the world to hear,” he added.
The most recent bid is for $1,001,300 — a potential loss for Shkreli.
Eight Dead From Sweltering Nursing Home as Florida Struggles After Irma

Credit
Jason Henry for The New York Times
HOLLYWOOD, Fla. — The first patient was rushed into the emergency room of Memorial Regional Hospital around 3 a.m. on Wednesday, escaping a nursing home that had lost air-conditioning in the muggy days after Hurricane Irma splintered power lines across the state.
Another arrived at 4 a.m. After a third rescue call, around 5 a.m., the hospital’s staff was concerned enough to walk down the street to check the building themselves.
What they found was an oven.
The Rehabilitation Center at Hollywood Hills needed to be evacuated immediately. Rescue units were hurrying its more than 100 residents out. Dozens of hospital workers established a command center outside, giving red wristbands to patients with critical, life-threatening conditions and yellow and green ones to those in better shape.
Checking the nursing home room by room, the hospital staff found three people who were already dead and nearly 40 others who needed red wristbands, many of whom had trouble breathing. The workers rushed them to Memorial’s emergency room, where they were given oxygen. The rest went to other hospitals nearby.
Four were so ill that they died soon after arriving. In the afternoon, the authorities learned that another had died early in the morning, and was initially uncounted because the person had been taken directly to a funeral home.
In all, eight were dead.
“We had no idea the extent of what was going on until we literally sent people room to room to check on people,” said Dr. Randy Katz, the hospital’s chairman of emergency medicine.
Three days after the hurricane had howled through South Florida, some of the most vulnerable people in the state were dying, not of wind, not of floods, but of what seemed to be an electrical failure.
Florida was still staggering to its feet on Wednesday, and millions of people across the Southeast were facing days or weeks without power in temperatures that, in the Fort Lauderdale area, climbed to as high as 92 degrees in recent days. The nursing home appeared to have electricity, but the hurricane had knocked out power in a critical spot: A tree had apparently hit the transformer that powered the cooling system, intensifying the subtropical heat from oppressive to fatal.
State officials, utility executives and the Rehabilitation Center spent Wednesday trading blame over why and how its patients were left to endure such conditions, even though state and federal regulations require nursing home residents to be evacuated if it gets too hot inside.
The Hollywood Police Department opened a criminal investigation into the deaths of the eight residents, who ranged in age from 71 to 99, and investigators from the state attorney general’s office were also involved. Gov. Rick Scott ordered a moratorium on admissions at the nursing home.
By day’s end, the unanswered questions were still outstanding, even as the deaths magnified scrutiny on other facilities for the old and disabled.
More than three million customers in Florida still lacked power Wednesday, including roughly 160 nursing homes, according to the state’s tracking system. After generators fizzled at the Krystal Bay Nursing and Rehabilitation Center, in North Miami Beach, 79 people were evacuated as a precaution.
“I am going to aggressively demand answers on how this tragic event took place,” Mr. Scott said in a statement. “Although the details of these reported deaths are still under investigation, this situation is unfathomable. Every facility that is charged with caring for patients must take every action and precaution to keep their patients safe — especially patients that are in poor health.”
Dr. Katz said Memorial’s emergency room had been busy for days treating chronically ill patients who were not coping well with the loss of electricity; some were having trouble breathing in the heat, while others needed access to dialysis. At least one came in from the Rehabilitation Center on Tuesday.

Credit
Jason Henry for The New York Times
But not until Wednesday morning was there any hint that others there might be in trouble.
“I don’t know how many more I’m going to get,” said Craig T. Mallak, the chief medical examiner for Broward County, referring to the rising death toll, in an interview. “These are really sick people.”
The home’s administrator, Jorge Carballo, said in a statement that the transformer connected to the air-conditioning system had experienced a “prolonged power failure,” prompting the staff to contact Florida Power Light. While waiting for a fix, he said, they set up mobile cooling units and fans and tried to make sure residents were hydrated and comfortable.
“We are devastated by these losses,” he said. “We are fully cooperating with all authorities and regulators to assess what went wrong.”
He did not say whether the home had considered evacuating its residents sooner.
Mr. Scott said that the Rehabilitation Center was responsible for the safety of its patients, and that state health officials had told the home’s administrators to call 911 if they believed patients’ health was at risk.
One relative who visited on Tuesday afternoon said she had been so alarmed by the conditions inside that she herself called Florida Power Light four times. The relative, Eli Pina, said the power company told her that help was on the way. But none came.
“It felt like 110 degrees,” said Ms. Pina, whose 96-year-old mother, Mirelle Pina, was evacuated from the nursing home on Wednesday. “I think it’s the fault of FPL,” she added. “They said they were going to come but they didn’t.”
In an interview with the local ABC station, Dave Long, who worked for an air-conditioning company that serviced the nursing home, said he had been asking Florida Power Light since Monday to fix a fuse in the system that had “popped” out because of damage from the hurricane.
“We’ve been calling and calling,” Mr. Long said. “I can’t do anything until we get that fuse popped back in.”
Rob Gould, a spokesman for the power company, said at a news conference Wednesday that the company met in March with Broward County officials to discuss hurricane preparations, but that the officials had not flagged the nursing home as “top-tier” critical infrastructure that would need power first. Memorial Regional Hospital, where many residents were taken, was in the top tier.
Broward County officials, though, said in a statement that they had relied on a Florida Power Light document saying that nursing homes were “non-critical, but play a decisive role in community recovery,” suggesting they were considered a high priority for restoration but not the highest. On Tuesday morning, after the nursing home reported that the air-conditioning was out, county officials asked the utility to make it, along with other nursing homes, a higher priority, the officials said.
The utility “said there were too many to escalate all of them,” Barbara Sharief, the Broward County mayor, said in an interview.
Kristen Knapp, a spokeswoman for the Florida Health Care Association, an advocate for nursing homes, said she was encouraging other facilities to “go ahead and think about moving” residents if they did not think they could keep them safe from the heat.
Florida requires nursing homes to ensure emergency power in a disaster as well as food, water, staffing and 72 hours of supplies. A new federal rule, which takes effect in November, adds that the alternative source of energy must be capable of maintaining safe temperatures.
In general, nursing homes are required to keep temperatures between 71 and 81 degrees, according to the Florida Agency for Health Care Administration. That rule applies to nursing homes certified for the first time after October 1990. However, facilities certified before that time “still must maintain safe and comfortable temperature levels,” the agency’s guidance says.
The causes of death had not been determined Wednesday. Medical professionals said there could be other reasons besides intense heat. Portable generators, as well as other appliances, can cause fatal carbon monoxide poisoning if used indoors.
“It is reasonable to suspect,” said Dr. Beau Briese, an emergency physician at Houston Methodist Hospital who has treated many cases of carbon monoxide poisoning.
One of those who died on Wednesday, Carolyn Jo Eatherly, 78, was living at Rehabilitation Center because of Alzheimer’s she developed many years ago, a close friend, Linda Carol Horton, 65, said Wednesday.
“She couldn’t be by herself, no way,” especially under extreme circumstances, Ms. Horton said. “She would die.”

As Ms. Eatherly’s dementia progressed, Ms. Horton took her in for as long as she could. But about 10 years ago, Ms. Eatherly had to go into nursing care. Ms. Horton took care of her friend’s four cats until they died.
She hated thinking of Ms. Eatherly helpless in the overwhelming heat.
“I’m really saddened at what happened,” she said.
The 152-bed nursing home was acquired in 2015 by Larkin Community Hospital, a growing Miami-area network that includes hospitals, nursing homes and assisted living facilities.
Florida officials had cited a deficiency related to the building’s generator as recently as February 2016. An inspection called for backup power systems to be “installed, tested and maintained” by March 2016, records show.
While praising the nursing home for above-average staffing, Medicare assigned it an overall “below average” rating, with two of five stars. A health inspection report dated from March raises issues with housekeeping, food service and resident cleanliness, but not with the heating or cooling system.
Dr. Jack Michel, the health-care network’s current chairman, did not respond to requests for comment. Dr. Michel and Larkin Community were among defendants who paid $15.4 million in 2006 to settle federal and state civil claims that the hospital paid kickbacks to doctors in exchange for patient admissions.
Elsewhere in Florida, the grim work of clearing debris and identifying people who had died during the storm was continuing. President Trump planned to visit the Naples area on Thursday.
Besides the nursing home deaths, at least 14 deaths in Florida have been tied to the storm and its aftermath, with six more in South Carolina and Georgia. Across the Caribbean, 38 had died.
At least eight died in the Florida Keys, and authorities feared that many more had drowned as they tried to ride out the storm in their boats. One man died of a stroke while emergency services were unavailable and the hospital was closed.
Among the dead from the Hollywood center was Gail Nova, 71, who had worked as an X-ray and mammography technician before her own health declined.
Her son, Jeffrey Nova, 48, said they had chosen the Rehabilitation Center for its round-the-clock skilled nursing care and proximity to the hospital.
“People died under circumstances where it could have been prevented,” he said. “I want accountability. I think that’s something everyone will want.”
Continue reading the main story
‘A new strategy’ for Trump? Democrats cautious but encouraged by fresh outreach.
President Trump on Wednesday vowed not to cut taxes for the wealthy, extolled the virtues of bipartisanship as leading to “some of the greatest legislation ever passed” and then — in a surprise move announced deep into the night — agreed to cut a deal with Democrats saving hundreds of thousands of illegal immigrants from deportation.
That Trump did all of that while declaring himself “a conservative” only heightened the sense of surrealism that has wafted through the nation’s capital over the past eight days, as the president has expressed a newfound, if tentative, willingness to work across the aisle — a development that has left many Republicans chagrined and some Democrats cautiously optimistic.
Trump’s outreach suggested that an unexpected deal he reached last week with Democrats may not have been an aberration. This week’s effort began Tuesday at a bipartisan White House dinner with senators and proceeded to a gathering of House Democrats and Republicans on Wednesday afternoon.
It was finally capped off Wednesday night by a presidential meal with the nation’s two top Democrats, Senate Minority Leader Charles E. Schumer (N.Y.) and House Minority Leader Nancy Pelosi (Calif.), during which they reached the contours of an immigration deal and discussed Beijing trade issues over a menu of Chinese cuisine.
Calling the dinner “very productive,” Schumer and Pelosi said in a statement late Wednesday that Trump had agreed to “enshrine the protections” of a Barack Obama-era executive order into law “quickly,” protecting about 700,000 illegal immigrants who were brought to the United States as children. They would also “work out a package of border security, excluding the wall, that’s acceptable to both sides,” the statement said.
In a separate statement, the White House said the gathering was “constructive” and that it focused on immigration, infrastructure and trade.
“Bottom line: There really is a new strategy coming out of the White House,” said Rep. Henry Cuellar, a moderate Texas Democrat who had turned down previous White House invites but decided to attend Wednesday’s afternoon session. “He meets with the bipartisan senators last night. He meets with us. He meets with Pelosi and Schumer today. There is a new strategy in place.”
Rep. Tom Reed (R-N.Y.), a Trump supporter who also attended the afternoon gathering, said the president “has seen the theater up here and learned the lesson: Extremes on both the right and left are problematic to getting his agenda accomplished. You can’t run a partisan bill to the finish line, so he knows he has to have his Plan B ready.”
After eight months of pursuing a mostly hard-right, pro-Republican agenda with limited success, Trump is flirting with fulfilling his campaign promises to govern as a bipartisan dealmaker — including the possibility of legalizing thousands of undocumented immigrants after running stridently against the idea as a candidate. Trump could also be signaling the return of a recently bygone era when lawmakers of both parties dining — and working — with the president was hardly abnormal.
But, then, these are not normal times.
“It’s up is down and down is up,” said Jim Manley, a Democrat and former longtime Senate aide. “No doubt about it.”
Last Wednesday, Trump shocked and angered Republican leaders by agreeing with Schumer and Pelosi to provide Hurricane Harvey relief while raising the federal borrowing limit and funding the government through December.
Then came Tuesday’s bipartisan dinner for senators, which included talk of infrastructure projects and featured three Democrats up for reelection in 2018 in states that Trump carried: Sens. Joe Donnelly (Ind.), Heidi Heitkamp (N.D.) and Joe Manchin III (W.Va.).
After the afternoon meeting, several House Democrats expressed hope that they can work with the president.
“He was very explicit in saying that there would be no tax cut in this package for the wealthy,” said Rep. Peter Welch (D-Vt.), referring to a pledge by Trump on Wednesday that would mark a notable departure from his previous proposals. “At one point, he said they may have to pay a little more.”
Still, Trump has done little to reach out to Democrats until the past week and has often openly derided them and Obama. Trump has begun dismantling Obama-era regulations and protections on issues including health care, labor and the environment. Last week, he also rescinded protections for 700,000 young undocumented immigrants brought to the United States as children and known as “dreamers” — the same group he now says he wants to protect.
Even on Wednesday, as the president played host to two bipartisan meetings, Trump and his team continued to equivocate. He expressed support for another Republican health-care plan — spearheaded by Sens. Bill Cassidy (R-La.) and Lindsey O. Graham (R-S.C.) — aimed at sharply curtailing Medicaid and other parts of the Affordable Care Act, commonly called Obamacare. In her daily press briefing, White House press secretary Sarah Huckabee Sanders argued that Trump is always working on behalf of Republicans.
“The president is the leader of the Republican Party and was elected by Republicans,” Sanders said. “He beat out 16 other candidates to take that mantle on. And certainly I think one of the strongest voices. And so the idea that the Republican Party ideas are not represented in that room is just ridiculous.”
Trump’s reasons for engaging with lawmakers beyond the Republican leadership is deeply shaped by his experience on health-care legislation, which has so far stalled in the Senate after months of fits and starts, according to two people familiar with the issue who have spoken with him recently. Trump remains unhappy with GOP leaders for promising success earlier in the year, only to see the effort fall apart, said the people, who insisted on the condition of anonymity to speak candidly.
Trump now believes that Republicans — who control both the House and the Senate — cannot be trusted to carry bills to passage by themselves and views it as his burden to create a better environment for his legislative agenda to garner support. What matters to him, one Republican lawmaker said, is “putting wins on the board — not the specifics.”
Instead of relentlessly courting members of the conservative, and often intractable, House Freedom Caucus, as he did on health care, Trump wants them to “feel the burn a little bit,” the lawmaker added, framing the new outreach as Trump’s way of reminding conservatives in both chambers that he likes them but does not need them.
“They’re not the only player he’s willing to play with,” said Michael Steele, the former Republican National Committee chairman. “He’s saying to them, ‘I’ll be a free-range president.’ ”
Sen. Ron Johnson (R-Wis.), who attended Tuesday’s dinner, said jump-starting talks on tax cuts and other potential changes remains at the top of Trump’s agenda. He said Trump wants to focus cuts on brackets that affect middle-class people.
“Let’s face it: If you want tax reform, you want to avoid pitfalls that make it impossible,” Johnson said of Trump’s approach on this priority. “Selling tax cuts for the wealthy is pretty impossible.”
“What I saw from the president was a genuine process to find bipartisan agreement on taxes and infrastructure,” Johnson added. “My guess is some Democrats definitely agree with him.”
Manchin said the Tuesday dinner was “a very good, productive meeting” and said he believes the president, who was once a registered Democrat, is simply entering his legislative comfort zone.
“The president seemed more at ease, more comfortable, talking about finding a bipartisan solution than trying to have to defend a rigid, one-side-only works,” Manchin said. “I think he’s able to approach legislation in a total sphere, not just one side.”
Moderate Republicans, in particular, have cheered this development, after long feeling sidelined inside the House as Freedom Caucus members and other conservatives have rebelled against their party’s leadership.
Trump’s conservative critics, however, said his latest gestures reflect his liberal instincts on some issues and his intense desire for popularity.
“He’s always had that itch to liberate himself from the Republican Party,” said William Kristol, a Trump critic and editor at large of the Weekly Standard magazine. “He ran against it in 2015 and 2016, and has attacked it in 2017. He wants to win and doesn’t care about the substance of winning.”
Kristol added, “Democratic voters may loathe Trump, but he could conceivably give them lots of policy victories.”
Democrats say they are focused only on working with the president on areas where they believe they can get what they want in terms of their priorities, including protections for the dreamers and federal health-care subsidies for Obamacare. They have vowed not to trade dreamer protections for Trump’s long-promised wall at the southern border — and in recent days the White House has indicated the two issues do not have to be linked.
On other issues and with this president, many Democrats remain wary.
Donnelly, despite being wooed by Trump and up for reelection next year, said he feels no pressure to vote for the Republican tax plan if he thinks it’s a bad deal.
“If the tax package makes sense, I’ll support,” Donnelly said. “If not, I’ll pass.”
The halting forays into bipartisanship have proved a new experience for many. At Tuesday’s dinner, Manchin was presented with yet another surprise in a week full of them: an apple strudel topped with what looked to be a delicate white egg.
“I’m thinking, ‘Boy, what do I do with this?’ ” Manchin said. “But I’m thinking, ‘When in Rome,’ so I take a bite, and, lo and behold, it’s ice cream.”
Such is the dilemma facing Democrats in this moment of Trumpian outreach: The perks are enticing, but they are not entirely sure what they’re dipping their spoon into.
Donnelly, however, said he had no doubt. “I knew it was ice cream from the start,” he said.
Mike DeBonis, Ed O’Keefe and David Nakamura contributed to this report.
Supreme Court agrees with Trump administration, says some refugees can be barred for now
The Supreme Court agreed with the Trump administration Tuesday and put on hold a lower-court decision that would have allowed more refugees to enter the country.
The court issued a one-paragraph statement granting the administration’s request for a stay of the latest legal maneuvering involving the president’s executive order on immigration. There were no recorded dissents to the decision.
At issue is whether the president can block a group of about 24,000 refugees, who have assurances from sponsors, from entering the United States. A panel of the U.S. Court of Appeals for the 9th Circuit had interpreted a Supreme Court directive this summer to mean that such refugees should be allowed in, but the government objected.
The latest court actions are part of a complicated legal battle that began in January when President Trump issued his first version of an entry ban. The Supreme Court is to consider the merits of his actions at a hearing Oct. 10.
The current case grows out of a Supreme Court decision in June that approved a limited version of a presidential order that temporarily blocked refugees and citizens of six majority-Muslim countries.
The justices said Trump could impose a limited version of the measure, but not on a person with a “bona fide” connection to the United States, such as having family members here, a job offer or a place in a U.S. university.
It is the interpretation of a “bona fide” tie to the United States that is being debated.
The government initially declined to include grandparents and other members of the extended family as meeting that standard, as well as refugees with formal assurances. A federal district judge said the government’s reading was too broad and stopped it.
The Supreme Court largely upheld that ruling in July, although it put on hold the portion dealing with refugees.
[Supreme Court allows Trump refugee ban but backs broader exemptions for relatives]
Last week, a panel of the 9th Circuit weighed in, deciding that the administration could block neither grandparents nor refugees with assurances.
The Justice Department this week asked the Supreme Court to step in again — although only to block refugees, not grandparents and other relatives beyond the nuclear family. Even those refugees with formal assurances from a resettlement agency lack the sort of connection that should exempt them from the ban, the Justice Department argued in its new filing to the Supreme Court.
“The absence of a formal connection between a resettlement agency and a refugee subject to an assurance stands in stark contrast to the sort of relationships this court identified as sufficient in its June 26 stay ruling,” acting solicitor general Jeffrey B. Wall wrote in his filing.
“Unlike students who have been admitted to study at an American university, workers who have accepted jobs at an American company, and lecturers who come to speak to an American audience, refugees do not have any free-standing connection to resettlement agencies, separate and apart from the refugee-admissions process itself, by virtue of the agencies’ assurance agreement with the government,” the filing said.
In response, the state of Hawaii, which is challenging the entry ban, told the Supreme Court that the government’s argument made no sense.
“Refugees with formal assurances are the category of foreign nationals least likely to implicate the national security rationales the government has pointed to in the past,” wrote Washington lawyer Neal Katyal, who is representing Hawaii.
“By the government’s own admission, these refugees have already been approved by the Department of Homeland Security. It is therefore exceedingly unlikely that they represent a security threat.”
Time is beginning to become a factor in the broader fight over Trump’s entry ban. The measure was supposed to have been temporary — lasting 90 days for citizens of the six affected countries, and 120 days for refugees. If the measure is considered to have taken effect when the Supreme Court allowed partial implementation, the 90 days will have passed by the time the justices hear arguments Oct. 10, and the 120 days are very likely to have passed by the time they issue a decision.
Some deadlines for reports have also seemingly passed. The Department of Homeland Security secretary was — within 20 days of the order taking effect — to have given Trump the results of a worldwide review determining what information was necessary from other countries to vet travelers. The countries that were not supplying adequate information were then to be given 50 days to begin doing so, and after that, top U.S. officials were to give Trump a list of countries whose citizens would be recommended for inclusion in a more permanent travel ban.
A Homeland Security spokesman said that a report was delivered to the White House in early July on the results of the review and that officials then went about assessing each country on the information it provided
He said Homeland Security officials were “evaluating the information received and will provide a report to the president in the coming weeks.”
After Irma, Florida prepares for days — and maybe weeks — without power
CAPE CORAL, Fla. — Millions of Floridians grappled with the aftermath of Hurricane Irma on Tuesday, confronting a sweltering reality: Nearly half of Florida still lacked electricity, and for some of them, the lights might not come back on for days or even weeks.
“We understand what it means to be in the dark,” said Robert Gould, vice president and chief communications officer for Florida Power and Light (FPL), the state’s largest utility. “We understand what it means to be hot and without air conditioning. We will be restoring power day and night.”
But, he acknowledged: “This is going to be a very uncomfortable time.”
Across the nation’s third most-populous state, that discomfort played out in homes that were silent without the usual thrum of perpetual air-conditioning. It meant refrigerators were unable to cool milk, laundry machines were unable to clean clothes and, for the particularly young and old, potential danger in a state where the temperatures can range from warm to stifling.
[Irma’s final danger: Flooding in the Southeast]
Even for those who had power, some also were struggling to maintain cellphone service or Internet access, sending Floridians into tree-riddled streets in an effort to spot a few precious bars of signal to contact loved ones.
“It’s a mess, a real mess. The biggest issue is power,” said Bill Barnett, mayor of Naples, on Florida’s Gulf Coast. “We just need power. It’s 92 degrees and the sun is out and it’s smoking out there.”
Utility companies made progress as they undertook a massive recovery effort, restoring power to some. At its peak, the Department of Homeland Security said about 15 million Floridians — an astonishing three out of four state residents — lacked power.
Throughout the day Tuesday, state officials gradually lowered the number of customers without power, dropping it to 4.7 million by Tuesday evening from 6.5 million a day earlier. Because each power company account can represent multiple people, the sheer number of residents without electricity was massive: Going by the Homeland Security estimates, at one point Irma had knocked out power to one out of every 22 Americans.
It would take some time before all of them had electricity again. Duke Energy Florida said it would restore power to most customers by Sunday, a week after Irma made its first landfall in Florida. Some harder-hit areas could take longer due to the rebuilding effort.
Gould said that FPL, which powers about half of the state, expected customers on Florida’s East Coast to have power back by the end of the weekend. People in western Florida, closer to Irma’s path, should have it back by Sept. 22. That estimate does not include places with severe flooding or tornado damage, he said, and those areas could also face a longer wait to be able to switch on the lights.
Floridians reacted to the outages eclectically. Some welcomed the absence of perpetual air-conditioners. Others flocked to their local malls for a respite from the heat.
“There’s no power at home, so we might as well just stay here and stay cool,” Amanda Brack, who was with her son, Gavin, said while walking through a Brookstone at the Galleria shopping mall in Fort Lauderdale.
Blake Deerhog had walked to the mall from his powerless and steamy apartment in nearby Victoria Park, trekking some 20 minutes in the stifling heat and humidity after he Googled and learned it would be open.
“This is definitely better than being back at my apartment,” he said, adding that he planned to spend the afternoon there.
[Florida Keys are battered but bouncing back]
The outages also caused rising alarm in some places. Here in Cape Coral, an assisted care facility for patients with dementia and memory impairment that sheltered in place during the storm went without power for three days, as elderly patients suffered in the rising heat.
The southwest Florida facility, Cape Coral Shores, had 20 patients stay during the storm as part of an agreement with state and local officials because the emergency shelters it would normally use were both evacuated as Irma approached. Power at the facility went out, and it stayed out, even as homes and businesses all around it saw their lights come back on.
As the indoor temperature climbed to the mid-80s Wednesday morning, humidity made the hard-surfaced floors slick with condensation. Patients gathered in a small day room to catch a slight breeze from screened windows. A handful of small fans powered by a borrowed generator were all that kept the situation from devolving into a medical emergency, said Dan Nelson, Cape Coral Shores’ chief operating officer.
“People here are fragile,” Nelson said, adding that air-conditioning in such facilities is a medical necessity. “This is not just about comfort, it’s about safety. We have magnet door locks that don’t work, fire suppression equipment whose batteries have run out, assisted bed lifts that don’t work. And the temperatures today and tomorrow are headed back to the mid-90s.”
A state emergency official said Wednesday afternoon he had found a large generator and 50 gallons of gas for the facility, but there was no need: The power came back on.
[Most of Florida lost power in Hurricane Irma. Here’s what it looks like from space.]
While the Sunshine State was the hardest hit by the outages, they extended to the other states Irma raked as it headed north. Hundreds of thousands lost power in the Carolinas, Alabama and Georgia, where at one point 800,000 were experiencing outages on Tuesday, though that number declined during the day.
The deteriorating storm once known as Hurricane Irma — classified Tuesday as a post-tropical cyclone — grazed onward through the Mississippi Valley, losing essentially all of its prior strength but still drenching some areas with rainfall.
Across the southeast, even as people acknowledged that they had dodged the worst possible hit from Irma, they were still left to contend with destroyed homes, flooded cities, swollen rivers, canceled flights and debris in the streets.
The city of Jacksonville, Fla., remained flooded after the St. Johns River overflowed so severely the day before that it forced residents from their homes. Charleston, S.C., city officials said the intense flooding there on Monday closed more than 111 roads, most of which had reopened Tuesday.
Authorities said they were investigating several fatalities that came since the storm made landfall, though it was not clear how many were directly due to the storm.
Among them were a 51-year-old man in Winter Park, Fla., outside Orlando, who police said was apparently electrocuted by a downed power line in a roadway. In Georgia, the Forsyth County Sheriff’s Office said a 67-year-old woman was killed when a tree fell on her car; the mayor of Sandy Springs said a 55-year-old man was killed when a tree fell on the bedroom where he was sleeping. In other cases, fatal car crashes claimed lives as the storm loomed.
In Key West, it remained unclear when power, cellphone service or supplies would be available again.
“What you have on hand is rationed to make sure you can get through,” said Todd Palenchar, 48, noting that his supplies of food and water are designed to last for a week. “You don’t know how long it’s going to be.”
Palenchar said he is used to camping and roughing it, but his main concern right now is his property.
“I’ve already posted signs where I’m at, ‘Looters will be shot, no questions asked,'” he said as he pulled up his shirt to reveal a .380 caliber pistol.
As Irma tore through the Caribbean and approached the Keys last week, authorities had ordered millions in Florida to evacuate and, in some cases, ordered them to hit the road again as the storm’s path wobbled. On Tuesday, officials slowly began letting those people return home.
In Monroe County, which includes the Florida Keys, and other places that let residents back, officials warned that many areas are still without power, cellphone reception is questionable and most gas stations remain shut.
Miami-Dade Mayor Carlos Gimenez said about half of the county’s traffic signals were out. Broward County Mayor Barbara Sharief said the number was closer to 45 percent of traffic signals there. Across the state, the explanations for the outages were visible alongside the road.
“It’s a lot of trees and power lines and snapped poles,” said Kate Albers, a spokeswoman for Collier County, which stretches across southwestern Florida and includes Marco Island, where Irma made her second landfall.
“I can tell you from driving around you see lines down all over the place,” Albers said. “You see trees thrown through power lines and you’ll see an occasional pole.”
The high number of outages across Florida were due largely to the storm’s massive size, said Ted Kury, director of energy studies for the Public Utility Research Center at the University of Florida.
“For a significant period of time, the entire state was under a hurricane warning,” Kury said. “Normally it comes through, sometimes it comes through fast and sometimes it comes through slowly. But this one hit pretty much everybody.”
Kury was among those who did not lose power but did lose Internet, cable and cellphone service, so he and his wife had to walk to the next development before his wife got enough signal to text their oldest son and her parents.
Storms that rip down power lines are frequently followed by questions about why more power lines are not buried underground, away from punishing winds.
Cost is one factor. A 2012 report for the Edison Electric Institute, a trade association representing investor-owned electrical utilities, found that it can be five to 10 times more expensive to put lines underground — otherwise known as “undergrounding” — than to hang them overhead.
The utilities also weigh issues such as how much cost they can pass on to their customers and the aesthetics of overhead wires, Kury said, noting that there is no uniform policy for power companies because diverse regions have different needs.
“It’s kind of a misstatement when folks say undergrounding power lines protects them from damage,” Kury said. “What it really does is insulates them from damage from wind events and flying debris. But it makes them more susceptible to things like flooding and things like storm surge.”
He added: “If you’re in an area where your biggest risk to the infrastructure is storm surge and flooding, putting the lines underground can actually make them more susceptible to damage and not less.”
[Richard Branson urges “Marshall Plan” for Caribbean after Irma]
Florida utility companies embarked upon a massive response effort to get the lights back on. Gould, the spokesman for FPL, said the company had dispatched 20,000 workers to work day and night restoring power, first to critical care infrastructure — like hospitals and 911 systems — and then to feeders that send juice to the most customers. Finally, they get to individual neighborhoods.
In St. Petersburg, where gas-powered generators had growled through the night, residents lit their way with battery-powered lanterns, flashlights and tea lights.
“We’ve run out of power before,” said Jeanne Isacco, 71, reaching for her walker to stand and punctuate her point. “Why do you think we live here? Excuse me! We know it’s hot.”
Berman and Zezima reported from Washington. Darryl Fears in St. Petersburg, Leonard Shapiro in Fort Lauderdale, Camille Pendley in Atlanta, Dustin Waters in Charleston, Kirk Ross in Raleigh, Scott Unger in Key West, Fla., and Brian Murphy, Angela Fritz and Carol Morello in Washington contributed to this report, which was updated throughout the day.
Further reading:
Hurricane Irma’s impact, from the air: Florida Keys a bit battered but mostly spared
Hurricane Irma spared one Florida coast and slammed into another

