11-05-2024  3:16 pm   •   PDX and SEA Weather

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NORTHWEST NEWS

African American Alliance On Homeownership Turns 25, Honors The Skanner Cofounder Bernie Foster

AAAH's executive director Cheryl Roberts recalls how the efforts of Bernie Foster led to an organization that now offers one-on-one counseling for prospective home buyers, homebuyer education, foreclosure prevention services, estate planning, assistance with down payments and more.

Police Say Fires Set at Ballot Boxes in Oregon and Washington Are Connected; ‘Suspect Vehicle’ ID'd

Surveillance images captured a Volvo stopping at a drop box in Portland, just before security personnel nearby discovered a fire inside the box. That fire damaged three ballots inside, while officials say a fire at a drop box in nearby Vancouver, Washington, early Monday destroyed hundreds of ballots.

Two Major Affordable Housing Developments Reach Milestones in Portland

Both will provide culturally specific supportive services to residents. 

Washington State AG and Ex-Sheriff Face off in Governor's Race

Former U.S. Rep. Dave Reichert is trying to become Washington’s first GOP governor in 40 years. But he faces a difficult hurdle in the Democratic stronghold against longtime Washington Attorney General Bob Ferguson, a darling of liberals for his many lawsuits against the Trump administration. 

NEWS BRIEFS

Merkley Statement on the Passing of Bob Sallinger

“Bob was a trusted voice, advising me on ways to safeguard the state’s natural wonders and wildlife and fighting against climate...

Troutdale Library Now Renovation Complete

Library provides refreshed experience for patrons with new, comfortable seating and carpeting ...

AG Rosenblum Releases Election Guidance to Law Enforcement and Message to Registered Oregon Voters

Attorney General Ellen Rosenblum: Haven’t received your ballot? Contact your county elections office! ...

Oregon Begins Rollout of New Housing Benefits for Eligible OHP Members With Health Conditions

The housing benefits include rent assistance for up to six months, utility set-up and payments for up to six months, home...

Oregon Department of Education Releases Cell Phone Policy Guidance

ODE recommends creating policies to limit or reduce cell phone use during the school day. ...

First-term Democrat tries to hold on in Washington state district won by Trump in 2020

SEATTLE (AP) — Among the nation’s most closely watched races is a rematch in southwestern Washington’s 3rd Congressional District, where first-term Democratic Rep. Marie Gluesenkamp Perez is defending her seat against Republican Joe Kent, a former Green Beret who has called for the...

The top US House races in Oregon garnering national attention

PORTLAND, Ore. (AP) — One of the most competitive U.S. House races in the country is playing out in Oregon, where the state’s GOP-held 5th Congressional District is among just over two dozen seats nationwide that are considered toss ups. Two other House races in the state’s 4th...

Haggerty scores 22 of 25 after break to rally Memphis past Missouri 83-75 in opener

MEMPHIS, Tenn. (AP) — PJ Haggerty scored 22 of his 25 points in the second half when Memphis took over en route to an 83-75 win over Missouri in the season opener for both teams on Monday night. The Tigers trailed by 10 at halftime but shot 58% in the second half, while going 17-20...

Memphis hosts Missouri to start season

Missouri Tigers at Memphis Tigers Memphis, Tennessee; Monday, 8 p.m. EST BETMGM SPORTSBOOK LINE: Tigers -4.5; over/under is 154.5 BOTTOM LINE: Memphis opens the season at home against Missouri. Memphis went 22-10 overall with a 13-2 record at...

OPINION

Why Not Voting Could Deprioritize Black Communities

President Biden’s Justice40 initiative ensures that 40% of federal investment benefits flow to disadvantaged communities, addressing deep-seated inequities. ...

The Skanner News 2024 Presidential Endorsement

It will come as no surprise that we strongly endorse Vice President Kamala Harris for president. ...

Black Retirees Growing Older and Poorer: 2025 Social Security COLA lowest in 10 years

As Americans live longer, the ability to remain financially independent is an ongoing struggle. Especially for Black and other people of color whose lifetime incomes are often lower than that of other contemporaries, finding money to save for ‘old age’ is...

The Skanner Endorsements: Oregon State and Local Ballot Measures

Ballots are now being mailed out for this very important election. Election Day is November 5. Ballots must be received or mailed with a valid postmark by 8 p.m. Election Day. View The Skanner's ballot measure endorsements. ...

AFRICAN AMERICANS IN THE NEWS

A sharply divided America decides between Trump and Harris

WASHINGTON (AP) — A divided America weighed a stark choice for the nation’s future Tuesday as a presidential campaign marked by upheaval and rancor approached its finale. Voters were deciding whether to send Republican Donald Trump back to the White House or elevate Vice President...

Democratic-backed justices look to defend control of Michigan's Supreme Court

DETROIT (AP) — Michigan Democrats and their allies were defending their majority on the state's Supreme Court on Tuesday after a campaign marked by exorbitant spending. Court races are nonpartisan but candidates are nominated at party conventions. Democratic-backed justices...

Figures and Dobson are in a heated battle for a redrawn Alabama House district

MONTGOMERY, Ala. (AP) — Alabama voters will decide who will represent a congressional district that was redrawn after a lengthy legal battle that drew national attention and could provide a rare opportunity for Democrats to flip a seat in the Deep South. Democrat Shomari Figures, a...

ENTERTAINMENT

Celebrity birthdays for the week of Nov. 3-9

Celebrity birthdays for the week of Nov. 3-9 Nov. 3: Actor Lois Smith is 94. Actor-radio personality Shadoe Stevens (“Dave’s World”) is 78. Singer Lulu is 76. Actor-comedian Roseanne Barr is 72. Actor Kate Capshaw (“Indiana Jones and the Temple of Doom”) is 71. Actor Kathy...

Fourth Spider-Man movie starring Tom Holland is set for release July 2026

Tom Holland is getting ready to don his Spidey suit again. The fourth installment of the blockbuster series has been set for a July 2026 release, Sony Pictures said Friday. Daniel Destin Cretton, best known for helming Marvel's “Shang-Chi and the Legend of the Ten Rings," has also...

Teri Garr, the offbeat comic actor of 'Young Frankenstein' and 'Tootsie,' has died

LOS ANGELES (AP) — Teri Garr, the quirky comedy actor who rose from background dancer in Elvis Presley movies to co-star of such favorites as "Young Frankenstein" and "Tootsie," has died. She was 79. Garr died Tuesday of multiple sclerosis “surrounded by family and friends,”...

U.S. & WORLD NEWS

Western officials suspect Russia was behind a plot to put incendiary packages on cargo planes

WARSAW, Poland (AP) — Western security officials suspect Russian intelligence was behind a plot to put...

NFL trade deadline: Commanders acquire Lattimore; Lions get Za'Darius Smith; Steelers add Williams

Marshon Lattimore, Za’Darius Smith, Mike Williams, Preston Smith and Tre’Davious White were sent to winning...

The AP has called winners in elections for more than 170 years. Here's how it's done

WASHINGTON (AP) — One question will be asked over and over on election night: Who won? The...

After his arrest for Facebook posts, a Cambodian reporter says he will become a farmer instead

PHNOM PENH, Cambodia (AP) — It’s tough being a reporter in Cambodia, whose government frowns on independent...

UK introduces a bill that would eventually make the purchase of cigarettes illegal

LONDON (AP) — Legislation intended to ban today’s British children from ever legally being able to smoke began...

A tiny village in India where Kamala Harris has ancestral roots is praying for her victory

THULASENDRAPURAM, India (AP) — The temple reverberated with rhythmic Sanskrit and Tamil hymns, as a Hindu priest...

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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