Tag Archives: judges

Two Texas judges issue temporary restraining orders against governor’s mask mandate order

The governor’s order, issued last month, included language that no governmental entity, including school districts, could require mask-wearing.

On Monday, Dallas County Judge Clay Jenkins asked a court for a temporary restraining order against the order, saying the governor “attempted to prohibit local elected officials from making a different decision, in response to local conditions, to protect their own communities.”

Judge Tonya Parker on Tuesday determined that the citizens of Dallas County “have and will continue to be damaged and injured” by Abbott’s order amid the Covid-19 surge and ruled that Jenkins should be allowed to implement mitigation strategies such as mask mandates on the local level, to protect residents and help curb the spread of the virus.

The temporary restraining order is in place until August 24, when a hearing for a temporary injunction is scheduled, according to court documents.

In a separate ruling Tuesday, Judge Antonia Arteaga granted a restraining order to leaders of the city of San Antonio and Bexar County, who had filed a lawsuit to regain local control over Covid-19 mitigation measures, saying in a news release the area was seeing an “alarming rise” in infections.
The county is recording a seven-day average of more than 1,350 new Covid-19 cases and reports more than 1,200 people hospitalized with the virus — 314 of whom are in the ICU, according to the San Antonio city website.

Following Arteaga’s decision, San Antonio Mayor Ron Nirenberg and Bexar County Judge Nelson Wolff announced a public health directive for the upcoming school year which mandates masks indoors for all public schools in the county.

The requirement applies to all students age 2 and older, teachers, staff and visitors, regardless of vaccination status. Schools are also required to contact parents or guardians if they learn that a student was in close contact, as defined by the US Centers for Disease Control and Prevention, “with a COVID-19-positive individual on campus or during a school-related event,” San Antonio Metro Health Director Claude Jacob said in Tuesday’s news conference.

Unvaccinated people who have been found to have been in close contact with someone who tested positive for Covid-19 will also have to quarantine for two weeks, under the order, as well as remain off-campus and not attend any school-related events, Jacob added.

“The order has been cleared by a judge that we can do this, so it is a mandatory order, not a ‘we hope you do it.’ If you listened carefully to Mr. Jacob, those were ‘shalls’ not ‘may.’ ‘Shall have to do this,'” Wolff, the county judge, said.

Additionally, an emergency order was issued mandating masks in all Bexar County facilities, as well as any facilities owned by the City of San Antonio, Wolff said. A statement from the city of San Antonio said the requirement goes into effect on Wednesday.

Arteaga will render a decision on Monday on whether to issue an injunction against the governor’s order, which Abbott could appeal as far as the state’s Supreme Court.

Harris County — the state’s most populous county — will also file a lawsuit against the state, Harris County Judge Lina Hidalgo said on Twitter Tuesday night.

“I commend everyone — school superintendents, and elected judges alike who are taking whatever steps are needed to protect the lives of the people they serve,” Hidalgo wrote. “Protecting the community during an emergency is a duty, not an option for government leaders.”

The rulings and Harris County’s announcement are the latest in a series of conflicts across the state — and the country — over mask mandates as schools gear up for reopening and while many students remain ineligible for a Covid-19 shot. Children under 12 are not yet allowed to get a vaccine in the US.

The Austin School District will be disregarding the governor’s order, as the Austin School Board of Trustees announced that effective Wednesday all individuals and visitors will be required to wear masks on all district properties.

In a statement Tuesday — prior to the judges’ rulings to grant the restraining orders — the governor’s office said, “We are all working to protect Texas children and those most vulnerable among us, but violating the Governor’s executive orders –and violating parental rights — is not the way to do it.”

“Governor Abbott has been clear that the time for mask mandates is over; now is the time for personal responsibility,” Abbott’s press secretary Renae Eze told CNN in a Tuesday email. “Parents and guardians have the right to decide whether their child will wear a mask or not, just as with any other decision in their child’s life.”

In Florida, the Broward County School Board voted Tuesday to maintain the district’s mask mandate despite an executive order from Gov. Ron DeSantis which effectively prohibits mask mandates in school districts.

The governor’s office on Monday said the state’s Board of Education could move to withhold the salaries of superintendents and school board members who disregard the executive order.

School board chair Rosalind Osgood said Tuesday she was not willing to “risk and play Russian roulette” with students who can’t get vaccinated.

“You can’t ignore this pandemic,” Osgood said. “It’s deadly, and it’s getting worse instead of better and the more we don’t use masks, the more we position the mutation of this virus to grow.”

CNN’s Ed Lavandera contributed to this report.



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Mollie Tibbetts’ murder case delayed amid bombshell claim by defense

The ex-farmworker convicted of murdering University of Iowa student Mollie Tibbetts will not face sentencing this week, a judge ruled Wednesday — after defense attorneys accused prosecutors of withholding evidence about a nearby sex trafficking “trap house” and other potential suspects.

Cristhian Bahena Rivera was expected to be sentenced to life in prison Thursday after he was convicted in May of murdering Tibbetts in summer 2018 and dumping her body in a cornfield.

Instead, Judge Joel Yates will hold a hearing on a motion for a new trial after defense lawyers accused prosecutors of failing to disclose a sex trafficking investigation near where the 20-year-old disappeared, according to ABC News.

The shocking turn of events came a week after defense attorneys asked for a new trial, claiming witnesses independently told police a man bragged to them about raping and murdering the college student and framing Bahena Rivera, the network reported.

Cristhian Bahena Rivera allegedly murdered University of Iowa student Mollie Tibbetts in 2018.
AP Photo/Charlie Neibergall, pool, File
Defense attorneys argued Cristhian Bahena Rivera was framed for the murder of Mollie Tibbetts.
AP Photo/Charlie Neibergall, Pool

Bahena Rivera, a 27-year-old Mexican national who worked as a farmhand, had testified he was kidnapped by two masked men who forced him into being an accomplice to their murder.

The judge’s scheduling reversal came as defense attorneys filed documents alleging that prosecutors did not reveal cops were investigating a sex trafficking “trap house” in New Sharon, Iowa, some 27 miles from where Tibbetts vanished, according to the report.

The 50-year-old suspect in that case once lived with the mother of 11-year-old Xavior Harrelson, who disappeared from a trailer park the day before Bahena Rivera was found guilty, the article said.

Mollie Tibbetts in 2016
AP

Defense lawyers reportedly also found that at least 10 other children were recently reported missing in the county where Tibbetts’ body was dumped.

Last week, defense attorneys told the judge that two new witnesses came to police in May and independently spoke to a man who claimed he and a 50-year-old sex trafficker killed the student and framed the defendant, according to the report.

“That Mexican shouldn’t be in jail for killing Mollie Tibbetts, because I raped her and killed her,” one witness reportedly told police the supposed real killer told him while they were in jail, ABC reported.

The new witness said the man told him he first saw Tibbetts bound and gagged at the “trap house” owned by the unnamed 50-year-old, the outlet reported.

Another witness told sheriff’s a similar story about the same supposed real killer, but cops said the witness was intoxicated and not credible, according to the article.

Both new witnesses reportedly contacted cops on the day Bahena Rivera testified he was kidnapped by two masked men who forced him to drive to where they said Tibbetts would be jogging.

The farmhand said when they found the student, one of the men stabbed her to death and made him drive the body to a cornfield and dump the body.

Bahena Rivera, an undocumented immigrant, claimed he was not involved in the murder, and did not go to police because the masked men threatened to kill his daughter’s mother.

The case was championed by former President Trump as evidence the US needed tighter border security.

Mollie Tibbetts reportedly vanished close to a sex trafficking “trap house” in New Sharon, Iowa.
AP Photo/Charlie Neibergall, File

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Twitch Judges Pokimane’s Room vs xQc, Asmongold’s Messy Setups

Image: Pokimane / Twitch

What does it mean to be authentic on Twitch? Who is real and who is fake on a platform where everybody is a brand, but also where a cornerstone of that brand is the appearance of down-to-earth chillness? This is the implicit question of the week on Twitch, and it’s all thanks to Imane “Pokimane” Anys.

To kick off the week, the superstar streamer released a room tour video in which, as you’d expect, she walks viewers through her PC gaming setup and room. The video is very much in line with Anys’ brand: quirky, but polished to an immaculate sheen. The portion of her room that appears during streams is decorated with all manner of gaming and Twitch-related memorabilia, most of which adheres to a gentle, purple-hued color scheme. Past that point, her floors are pristine, her bed is made, and her closet(s) are organized. Even her cat’s cat tree looks brand new, which—as every cat owner on earth will tell you—is not a state they remain in for long.

That’s not necessarily to say it’s all some grand façade, however. Anys moves through the space with an easygoing, self-deprecating humor and is upfront about why she’s doing this now.

“I try not to showcase too much just for security purposes—until I’m about to move,” Anys says in the room tour video. “And then that’s when I do my room tour. I am moving in three days. Really, really excited. A little bit nervous.”

It’s a truth of streaming fame and fortune that big names infrequently acknowledge: some people try very, very hard to dox and swat famous streamers. These sorts of threats force many to overhaul how they live their entire lives. Coincidentally, this subject was recently discussed in stomach-churning detail by the biggest streamer who decided to parody Anys’ room tour: current Twitch king Félix “xQc” Lengyel.

Lengyel, who recently moved due to “daily” police swattings, panned his webcam around his current (temporary) room during a July 5 stream, revealing a dual-monitor PC setup surrounded by half-eaten food, partially consumed beverages, and trash, strewn across both a desk and the ground. This was meant as a clear counter to Anys’ impeccably put-together space, which left Lengyel distinctly unimpressed.

Viewers in chat were equal parts amused and grossed out by Lengyel’s temporary lodgings. On Reddit, commenters criticized him for making a mess while technically a guest in somebody else’s home (he’s currently living with Chance “Sodapoppin” Morris and other streamers), while others made note of the fact that he’s a millionaire. One user basically summed it all up.

“Good lord, the dude’s net worth is in the 8 figures and he lives like a college student getting a grocery allowance from mom,” one Redditor wrote. “Man just wants to shitpost and play video games. I respect it.”

Lengyel is not alone in this regard. Asmongold, Twitch’s premiere World of Warcraft (and now Final Fantasy XIV) streamer, also has a reputation for leaving empty food bags on his desk despite being wealthier than 99.9% of broadcasters on Twitch. While some find it hard not to poke fun at rich streamers recreating the “guys really live like this” meme, others sympathize. For example, after a day of playing Rust, fellow streamer and current Lengyel housemate Nick Polom posted his own room tour to Twitter yesterday.

“I know we give, like, xQc and a lot of gamers, like Asmon, a lot of shit for having desks that are kinda dirty, but yesterday me and [fellow streamer] Malena, we played Rust for 12 hours,” he said. “We rarely ever play games. Look at the aftermath.”

Polom proceeded to reveal two desks strewn with food detritus, cans, and wrappers. “This is just one day of playing games 12 hours a day,” he said. “Imagine if we played more often.”

This prompted an outpouring of similar responses from other streamers.

“This is me after two hours,” said actress, musician, and streamer Sasha Grey.

Some people maintain their spaces better than others. This can be a product of time, mental health, or any number of other issues. But on Twitch, it’s also come to signify—even if only in a tongue-in-cheek way—a form of authenticity. If you’re a gamer on the grind at all times, the thinking goes, you’re not always going to have time or energy to clean up after yourself. Some, like Lengyel, seem to almost take pride in it—or at least, in the form of gaming-focused authenticity it represents. Audiences, too, see this distinction; much of Lengyel’s appeal lies in the fact that he’s basically the antithesis of more polished productions like Anys, Tyler “Ninja” Blevins, and other top streamers who have followed in the wake of Twitch’s ascension into the mainstream. He’s edgy and chaotic—a throwback to Twitch’s early, (almost) anything-goes days.

But it’s all ultimately performative, because every moment anybody spends on Twitch is a performance. Nobody is being their full, real selves during a livestream no matter how much they pretend otherwise. Being prim and proper is branding, but on a platform that prizes perceived authenticity above most other qualities, so is being a messy gamer. Lengyel is no more or less “real” than Anys, an unflappable, ubiquitous brand, but also a real person who has previously been unafraid to address touchy subjects like misogyny, her relationship with fans, and her own past as an edgy teenager. Their brands are just different, in some ways out of choice, in others out of necessity. Women, for example, are conditioned from childhood to be clean and are judged more harshly by society when they’re not. If you’re a man—especially one in his 20s—it’s basically expected that you’re going to be at least a bit of a slob. But that’s just one small example.

These approaches to appearance and aesthetic open up different opportunities. Anys can link up with every major mainstream brand imaginable without being deemed fake or a sellout by her audience, because it fits her polished image. Lengyel can ink deals with questionable gambling companies and not lose the trust of his audience, because they view him as a blend of messy edginess and harmless guilelessness. These statements are not value judgements; they are simply examples of how two very different streamers have adapted their brands to make a system work for them. On Twitch, appearances matter, and even a pile of trash on the ground can help you get ahead if you know how to use it.

 



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DOJ files appeal of Trump-appointed judge’s ruling on CDC eviction moratorium

Judge John Barker, a Trump appointee in the Eastern District of Texas, stopped short of issuing a preliminary injunction but said he expected the CDC to respect his ruling and withdraw the moratorium.

But Saturday night, the Justice Department filed an appeal in the case.

“The Department of Justice respectfully disagrees with the February 25 decision of the district court in Terkel v. CDC that the CDC’s eviction moratorium exceeds Congress’ powers under the Commerce Clause and the Necessary and Proper Clause, and the Department has appealed that decision,” Brian M. Boynton, acting assistant attorney general for the department’s civil division, said in a statement.

“The decision, however, does not extend beyond the particular plaintiffs in that case, and it does not prohibit the application of the CDC’s eviction moratorium to other parties. For other landlords who rent to covered persons, the CDC’s eviction moratorium remains in effect.”

The ruling punctuated a legal effort that began when a group of Texas landlords and property owners sued the CDC and the Department of Health and Human Services in October over the Eviction Moratorium Order that was issued by the Trump administration in September, putting a temporary halt on evictions during the pandemic.

The CDC order was set to expire at the end of December, but it was extended through January by a provision in the second stimulus package. One of President Joe Biden’s first acts in office was to seek to extend the moratorium again until the end of March.

The order is invoked when a tenant gives their landlord a signed declaration asserting that they meet specific requirements — including that they earn less than $100,000 a year, have experienced a significant loss of income and have made their best effort to find rental assistant to pay their rent.

Under the order, rent is not canceled or forgiven and landlords can evict tenants after the moratorium ends if they are not able to pay the back rent.

This is a breaking story and will be updated.

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Claudia Conway Goes Hollywood, Surprises ‘American Idol’ Judges With Adele and Emotional Confession

Claudia Conway, like everyone else who auditioned on Sunday’s American Idol premiere, wants a golden ticket to Hollywood—but unlike most of her peers, everyone already knows who this teenager is.

Kellyanne and George Conway’s daughter first announced she’d auditioned for the singing competition series in November on TikTok, where she’s gained a massive following over the past year. Claudia’s social media presence has exposed strife within her family, especially between her and her mother, including allegations of abuse. Perhaps that’s why judge Katy Perry asked immediately upon Claudia’s arrival, “Are you okay?”

“No,” Claudia replied. “No but yes.”

When judge and country singer Luke Bryan asked what he was missing, Claudia replied, “My parents are high profile political figures. My mother is Kellyanne Conway. She worked for Trump. And my dad’s George Conway. He worked against Trump.”

“It’s a lot,” Claudia said. “But you know, I only want to spread love, and I love a compromise, and I do disagree with my mom and dad… I had to move to Washington, D.C. when I was 12 and I hated it. When your mom is working for the President of the United States, who you very much disagree with, it’s really hard.”

Claudia’s American Idol visit is a complicated proposition. Given the platform television has already begun to provide former Trump associates to start their rebrands, it seems more than fair to feel conflicted as Claudia takes center stage on ABC. While her association with her parents is not her fault, her presence on the show nonetheless also grants her mother a branding opportunity that reminds us all what got her there in the first place.

Although Katy Perry gets in a few gentle digs at Kellyanne Conway’s expense—like, by asking her daughter, “Does she still hug you?”—Conway also appears on screen as she and Claudia speak virtually ahead of the audition. And in this moment, she plays the warm, cuddly, doting mother.

“This is your time to shine,” Conway tells her daughter. “But remember, honey—winners are people who are willing to lose.”

It’s almost enough to make you forget the oft-worrisome conflicts Claudia has posted to her TikTok.

The Conways appear to be presenting a more united front these days. As People notes, Claudia said in a TikTok video last month of her relationship with her mother, “We fight like mothers and daughters, but we also love like mothers and daughters, and I do love her.”

During her American Idol audition Claudia added, “She loves me; I love her. I just feel like our relationship is a little iffy. Most of my life, my feelings have been suppressed. So then I got on social media, and I was like, ‘Well damn, now my voice is being heard.’ You know?”

George Conway, meanwhile, spent his daughter’s American Idol audition alternately beaming and crying.

Claudia, meanwhile, told the judges that by appearing on the show, she wants to “get out of the controversy, get out of the drama, get out of the politics… and let people know that I am a singer, and this is what I want to do.”

“You dad’s your dad, and your mom’s your mom,” Perry said. “Who is Claudia?”

The first song Claudia tried out on judges: “Love on the Brain” by Rihanna, which fell flat. But she had also prepared “When We Were Young” by Adele—which she sang only after Perry instructed her to sing it “like you lost your youth because you weren’t able to experience it on your own with all the noise.” Subtle!

“You dad’s your dad, and your mom’s your mom,” Perry said. “Who is Claudia?”

After Claudia’s second take, Luke Bryan said he thought her voice was limited due to her young age, and voted “No.” Perry and Lionel Ritchie, however, both voted “yes,” granting Claudia her shot.

“There’s a lot of noise in your life,” Perry told Claudia. “You have to calm the storm that is around you. Meaning, before you sing, you need to get off your phone. You need to stop reading your comments. Push it aside. Because if not, you may not ever rise above your dad or your mom. It’s your choice.”

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Claudia Conway, 16, tells American Idol judges social media means her ‘voice is being heard’

Claudia Conway, 16, told American Idol judges social media has meant her ‘voice is being heard’ after she has been ‘suppressed’ for most of her life.

The 16-year-old daughter of former Donald Trump aide Kellyanne Conway and Lincoln Project cofounder George Conway is seen speaking out about her ‘hard’ upbringing during a new clip of her audition on the show.

Claudia will appear in the first episode of the series airing on Sunday 14 February on ABC.   

Her appearance comes after the teen has shot to fame on TikTok over the last year, with over 1.7 million followers watching her blasting her parents’ politics and getting into fights with her mom. 

Last month, police in New Jersey launched an investigation after Claudia accused her mom of posting a topless photo of her on Twitter before she later backtracked saying Conway wasn’t to blame.

Claudia Conway, 16, told American Idol judges social media has meant her ‘voice is being heard’ after she has been ‘suppressed’ for most of her life. Pictured Claudia at her audition

The 16-year-old daughter of former Donald Trump aide Kellyanne Conway and Lincoln Project cofounder George Conway speaks out about her ‘hard’ upbringing during a new clip of her audition on the show

The audition clip, shared by People, shows Claudia opening up to judges Katy Perry, Lionel Richie and Luke Bryan about how social media – and singing – had helped her get her voice heard.  

‘I’m Claudia Conway. I’m 16,’ she says at the start of the clip.

‘My mother is Kellyanne Conway. She worked for Donald Trump. And my dad is George Conway. He’s a lawyer he worked against Donald Trump.’

The judges are all seen looking at each other and smiling with Richie saying ‘wow.’ 

‘It’s a lot, but I agree to disagree with my mom and my dad,’ Claudia tells them.

The TikTok star explains how it was ‘hard’ growing up with her mom working for Trump and said her ‘feelings had been suppressed’ before she joined social media and started posting about her own views. 

‘When your mom is working for the President of the United States, who you very much disagree with, it’s hard,’ she continues.

‘Most of my life, my feelings had been suppressed so then I got social media and I was like, ‘Well, yeah. Now my voice is being heard,” she says.

Claudia adds that she now ‘want[s] to get out of the controversy’ and focus on her singing.

Claudia will appear in the first episode of the series airing on Sunday 14 February on ABC. Claudia’s father George accompanied her to the audition

A commercial for the show released Monday also featured images of Kellyanne on a giant screen in the audition room (above)

‘The internet can be a very, very dark place,’ she says. 

‘But when life is all going downhill, I have my music. Now, I kinda want to get out of the controversy, get out of the drama and let people know that I am a singer and this is what I want to do.’

The clip also features a home video promo video filmed before the audition.

In it, Claudia speaks to the camera while climbing out of a window.

‘So you probably know me as 15-year-old emancipation girl or that blonde woman from Fox News’ daughter. I’m a little more than that,’ she says.  

Claudia’s father George is also seen in the footage standing outside the audition room door and encouraging her before she took to the stage. 

‘You’re going to do great,’ he says giving her a hug as she replies: ‘Thank you dad.’

Claudia’s appearance on the show comes after the teen has shot to fame on TikTok over the last year, with over 1.7 million followers

Claudia has repeatedly hit out at her mom’s conservative views and support of Trump

Meanwhile, Kellyanne has previously said she supports her daughter’s music career and saying she is ‘proud’ of her for ‘sharing her beautiful voice’.

‘Claudia and her siblings are taught to be independent self-starters and free thinkers who dream big and aim high. She sets goals and works toward them. Of course, American Idol is next level!’ she told People. 

‘We are proud of Claudia for entering the arena and sharing her beautiful voice and inspirational message about mental health with others.’ 

A commercial for the show released Monday also featured the 16-year-old showing her telling the judges she was ‘very nervous, but very excited.’

It showed Claudia introducing herself to the judges as well as images of Kellyanne on a giant screen in the audition room and the teen sitting next to George. 

Host Ryan Seacrest is heard asking aloud in a voice-over if Claudia would receive a Golden Ticket to Hollywood.

Perry tells Claudia: ‘We want an American idol.’

It is not clear if Claudia got through the audition stage of the contest. 

American Idol will premiere Sunday on ABC and include Claudia’s audition.

Claudia first announced she would appear on the show back in November in a video on her TikTok account.

In January, police in New Jersey launched an investigation into a topless photo of Claudia that was posted to the former Trump aide’s Twitter. Pictured police at the Conway home

Claudia had accused her mother of leaking the image on Twitter’s newly launched Fleets feature, which deletes posts after 24 hours. The teen later walked back her comments and apologized (above) insisting in videos on TikTok that Kellyanne ‘would never intentionally do that’ and said her account was probably ‘hacked’ 

‘Hey guys, I’m here at American Idol confessional,’ she says in the video.

‘I met Ryan Seacrest today and I have my audition soon, so stay tuned for that.’  

Claudia has repeatedly hit out at her mother for her conservative views and for her support of Trump.

Kellyanne was a close adviser to Trump and his third campaign manager during the 2016 race for the White House, helping him beat Hillary Clinton.

Meanwhile, George is vocally anti-Trump as a co-founder of the Lincoln Project, an anti-Trump Republican group which sought to stop him getting re-elected.  

Kellyanne left the White House in August after months of public feuds with Claudia shared which the teen chronicled on her TikTok.

In one video, Claudia threatened to seek legal emancipation saying her mother’s job had ‘ruined her life’. 

In January, police in New Jersey launched an investigation into a topless photo of Claudia that was posted to the former Trump aide’s Twitter.   

Claudia had accused her mother of leaking the image on Twitter’s newly launched Fleets feature, which deletes posts after 24 hours. 

The teen later walked back her comments and apologized insisting in videos on TikTok that Kellyanne ‘would never intentionally do that’ and said her account was probably ‘hacked’. 

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