Tag Archives: suing

Spicer Says Suing Biden After Fired From Trump Job at US Naval Academy

  • Former White House press secretary Sean Spicer says he plans to sue President Joe Biden.
  • Biden removed Spicer and other Trump appointees from advisory roles at US military schools.
  • “I will not be submitting my resignation and I will be joining a lawsuit,” Spicer said.

Former White House press secretary Sean Spicer says he plans to sue President Joe Biden over his demand that Spicer and others resign from positions at US military academies given to them by former President Donald Trump.

“I will not be submitting my resignation and I will be joining a lawsuit to fight this,” Spicer said Wednesday on Newsmax, the conservative cable network where he is an anchor.

 

He shared a letter from the White House Office of Presidential Personnel asking him to resign from the Board of Visitors at the United States Naval Academy, an oversight position.

If he did not quit by Wednesday, it said, he would be fired.

The Biden administration on Wednesday sent letters to 11 Trump-era appointees to military academy advisory boards requesting their resignations. They include Spicer, former National Security Adviser H. R. McMaster, and Trump’s former senior adviser Kellyanne Conway.

The appointees held positions at schools including the US Military Academy and US Naval Academy.

White House press secretary Jen Psaki on Wednesday confirmed that the current administration was seeking to remove them, Insider’s Grace Panetta reported.

Psaki took a dig at Spicer and Conway in the process.

“The president’s objective is what any president’s objective is, was to ensure you have nominees and people serving on these boards who are qualified to serve on them and who are aligned with your values,” Psaki said. 

“And so yes, that was an ask that was made. I will let others evaluate whether they think Kellyanne Conway and Sean Spicer and others were qualified… to serve on these boards.”

Spicer hit back at Psaki, citing his service in the US Navy Reserve, where he is a commander.

“For 22 years I have had the honor of serving alongside some of the most talented, patriotic and brave individuals this country has to offer,” he said. “I’ve done multiple tours and politics has never entered into my service.”

He did not specify the nature of the lawsuit he planned to bring or explain how Biden’s decision could be deemed unlawful.

Other members whose resignations were requested have also pushed back.

Conway, who sits on the Board of Visitors to the United States Air Force Academy, said she would refuse to resign — meaning she would be fired — and said the request “seems petty and political, if not personal.”

 

Russell Vought, a former Director of the Office of Management and Budget under Trump, also refused to resign his position, sharing a photo of the letter he had received along with the caption: “No. It’s a three year term.”



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Employees suing Henry Ford Health System over its COVID-19 vaccine mandate

DETROIT – Fifty-one hospital workers, most of them registered nurses, have sued Henry Ford Health System, arguing it is unconstitutional to require staff to be vaccinated against COVID-19.

“The Mandate requires that Plaintiffs choose between exposing themselves to potential harm or death or abandon their careers in health care,” states the lawsuit, filed Monday in Detroit federal court.

The employees are asking the court to deem the requirement unenforceable and stop the mandate, to go in effect Friday, Sept. 10. They allege the health system subjects employees to “significant likelihood of bodily harm.”

Henry Ford has no compelling interest that justifies required immunization as the “novel” injections have been shown to be “ineffective, cause injury and death,” alleges the lawsuit.

The lawsuit relies on Vaccine Adverse Event Reporting System data, which is unverified, and includes a declaration from a Nebraska doctor whose opinions are far outside the norm. She inaccurately calls the vaccines “experimental mRNA gene therapy.”

The mRNA vaccines were approved by the U.S. Food and Drug Administration for emergency use and were held to the same safety and effectiveness standards as other types of U.S. vaccines. They do not alter DNA, but teach cells how to make a protein, or even a piece of protein, that triggers an immune response. Though the vaccines are new, researchers have been studying and working with mRNA vaccines for decades, according to the Centers for Disease Control and Prevention.

When asked for comment, a Henry Ford Health System spokesperson sent the following statement: “We remain confident that vaccination is the most powerful tool we all have against the COVID-19 pandemic. Beyond that, we cannot comment on pending litigation.”

In late June, Henry Ford, which employs about 33,000 people, became the first health system in the state to mandate vaccines for workers. Several, including Spectrum Health, based in Grand Rapids and Trinity Health, headquartered in Livonia, have since followed suit. Some mandates were contingent on full vaccine approval from the FDA, granted to the Pfizer vaccine in August.

RELATED: More Michigan hospitals adopt COVID-19 vaccine mandates

Henry Ford employees who are not compliant by Friday will be suspended. Leaders will have discussions with them and those who do not then get vaccinated will be fired by Oct. 1, according to a copy of the policy included in the lawsuit. The policy also requires vaccinations for flu, tetanus, pertussis, measles and other diseases. The requirement does allow for religious, spiritual or medical exemptions.

By July, the health system reported about 70% of its employees were fully vaccinated against the disease. More than 90% of its physicians and leadership were immunized, Bob Riney, president of healthcare operations and chief operating officer said this summer.

The plaintiffs in the legal action include three physicians, pharmacy technicians, respiratory therapists, a clinical unit leader and a credentialing analyst. Most are registered nurses.

One nurse, Katie Kirn, also a unit educator, said she was “repeatedly harassed” by management for participating “local government exchanges.”

Their lawyers cite data collected through the Vaccine Adverse Event Reporting System, which shows thousands of deaths, disabilities, emergency room visits and hospitalizations documented after people received COVID-19 vaccines. The CDC, however, note these unconfirmed reports, voluntarily made by anyone and used to detect unusual patterns or possible vaccine safety concerns, do not necessarily mean that a vaccine caused the death or health problem.

One unidentified physician assistant says, in an attached declaration, that she personally experienced adverse reactions from the vaccine. Most of her life she dealt with treatable premenstrual migraines. Now, she has random flashes, loss of peripheral vision, facial tingling and “unbearable headaches.” She never had such troubles before she received the Pfizer vaccine, she says.

“There is a misconception I hear from fellow co-workers that those of us who don’t fully trust this vaccine or don’t feel the vaccine should be mandatory do not think COVID-19 is serious and we must want this pandemic to continue. I take COVID-19 very seriously,” she wrote.

As the case proceeds, there is precedent in the health system’s favor.

Earlier this year, a federal judge in Texas dismissed a lawsuit filed against Houston Methodist Hospital by employees who challenged its COVID-19 vaccine mandate. In the U.S. District Court for the Southern District of Texas’ written decision, Judge Lynn N. Hughes said the plaintiffs had no case, saying employers are allowed to mandate vaccines for its workers.

The U.S. Equal Employment Opportunity Commission in May said laws do not prevent an employer from requiring employees physically entering the workplace to be vaccinated so long as employers comply with the “reasonable accommodation provisions” of the Americans with Disabilities Act and Title VII of the Civil Rights Act, which makes it illegal to discriminate based on color, race, national origin, sex and religion.

Health officials and doctors throughout the state, and the country, have lauded the vaccines as safe and effective. About 4.8 million Michigan residents and 177 people throughout the United States have been fully vaccinated.

Read more on MLive:

Michigan researchers estimate combined vaccination, natural immunity rate

Michigan coronavirus data for Thursday, Sept. 2: State goes nearly all red as surge continues

Safety concerns, trust in immune system among reasons for COVID-19 vaccine holdouts

‘I’m not lazy.’ Michigan’s jobless fought stigma, the system for months. They’ll be cut off Sept. 4.

With COVID-19 rates high, should fully vaccinated people be eating indoors in restaurants?

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Texas judge temporarily blocks anti-abortion group from suing Planned Parenthood abortion providers under new law

The law, which took effect this week, bans abortions after as early as six weeks into pregnancy and allows private citizens to bring civil suits against anyone who assists a pregnant person seeking an abortion in violation of the law. It is among the strictest in the nation and bars abortions just after a fetal heartbeat is detected, which is often before a woman knows that she is pregnant.

Judge Maya Guerra Gamble in Travis County ruled that the medical providers faced “probable, irreparable, and imminent injury” if they were sued by the private group in connection with abortions as early as six weeks into pregnancy, as provided for under the law.

Planned Parenthood health facilities in Texas had filed the lawsuit in Travis County District Court on Thursday night, contending, “At every turn, S.B. 8 purports to replace normal civil-litigation rules and clearly established constitutional rules with distorted versions designed to maximize the harassing nature of the lawsuits and to make them impossible to fairly defend against.”

Helene Krasnoff, vice president of public policy litigation and law at Planned Parenthood Federation of America, praised the order on Friday, saying in a statement, “We are relieved that the Travis County district court has acted quickly to grant this restraining order against Texas Right to Life and anyone working with them as deputized enforcers of this draconian law.”

The law allows any person — as long as they’re not a government official — to bring a civil lawsuit in state court against a provider accused of violating the new law, regardless of whether the person bringing the lawsuit has any connection to the abortion being sought. If they prevail, they are entitled to at least $10,000 in damages, and the law is structured to make it especially costly for clinics that are targeted with an enforcement action. It prohibits clinics from recouping attorneys’ fees from their court foes, even if judges side with the providers in the lawsuits. The measure also prevents clinics from seeking to transfer the cases to venues more convenient for them, unless they have the agreement of their opponents.

The law was designed to make it much more difficult to bring a preenforcement challenge because there are not the usual government officials to hold accountable in court.

While the cases already winding through the federal courts have focused on government officials, the new suit’s principal defendant is the organization Texas Right to Life, which garnered attention by creating a website allowing people to post tips about possible illegal abortions taking place in the state.

Gamble said the temporary restraining order applies not only to Texas Right to Life, but also to “any and all parties and persons in active concert and participation with them.” A preliminary hearing in the case is scheduled for September 13.

Texas Right to Life director Elizabeth Graham said in a statement following the judge’s order that “this lawsuit will not stop the work of Texas Right to Life.”

“Planned Parenthood can keep suing us, but Texas Right to Life will never back down from protecting pregnant women and preborn children from abortion,” Graham said.

The US Supreme Court earlier this week formally denied a request from Texas abortion providers to freeze the state law from going into effect, leaving the law to remain on the books.

CNN’s Rachel Janfaza and Ariane de Vogue contributed to this report.

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Bill Cosby considers suing Pennsylvania for hundreds of thousands for wrongful incarceration

Bill Cosby’s spokesman has said he hopes to recoup damages for wrongful incarceration from the state of Pennsylvania, and accused attorneys for the comedian’s accusers of having ‘an ax to grind against black men.’

Cosby was released from prison on June 30 after serving two years behind bars, when the Pennsylvania Supreme Court vacated his 2018 conviction for sexual assault, citing violations of his due process rights.

Now, his publicist Andrew Wyatt says that Cosby hopes to win ‘a couple hundred grand’ in compensation for the time he spend behind bars on the now-vacated conviction.

‘We are looking at what recourse, what legal recourse we can take against the state of Pennsylvania,’ Wyatt told The Domenick Nati Show in an interview on Friday. ‘We are looking at all legal angles for those things right now.’

Publicist Andrew Wyatt (right) says that Cosby hopes to win ‘a couple hundred grand’ in compensation for the time he spend behind bars on the now-vacated conviction

Bill Cosby stands next to his spokesman Andrew Wyatt and lawyer Jennifer Bonjean outside Cosby’s home after Pennsylvania’s highest court overturned his conviction on June 30

‘Isn’t he owed money for every day that he’s in jail or am I wrong?’ Nati, himself a celebrity publicist, asked Wyatt.

‘He’s owed money. It’s a lot of owed money,’ Wyatt responded. ‘Our attorneys are filing the paperwork now. He is owed a lot of money.’

Pennsylvania Governor Tom Wolf, a Democrat, in February proposed paying anyone wrongly convicted $50,000 for every year spent in prison.

Previously, Pennsylvania did not offer compensation to former inmates who were wrongfully convicted.

The funds would potentially be available to exonerees, whose convictions were overturned on the basis of actual innocence, as well as convicts such as Cosby who had their convictions vacated on legal grounds.

Exclusive DailyMail.com photos show the actor sitting on his bed in his prison uniform 

In the interview, Wyatt went on to levy scathing attacks against Gloria Allred and her daughter Lisa Bloom, both attorneys who practice separately, but who both represent several of Cosby’s scores of accusers.

Wyatt called the probe into Cosby ‘the greatest Ocean’s Eleven extortion scheme led by Gloria Allred and Lisa Bloom’ and said he believes the case was ‘about money’.

‘I think her and her daughter have an axe to grind against black men,’ Wyatt added, going on to name several high profile sexual misconduct claims against black celebrities the two attorneys had participated in. 

Bloom and Allred responded to Wyatt’s ‘extortion’ claim in sharply worded statements.

Attorney Gloria Allred stands with accusers of actor and comedian Bill Cosby after his original conviction on April 26, 2018

Allred’s daughter Lisa Bloom also represents several of Bill Cosby’s accusers

‘Mr. Wyatt, choose your words carefully,’ Bloom said in a statement to DailyMail.com. 

‘I already scored one spectacular win against Bill Cosby in my defamation litigation after another of his reps spoke recklessly. Shall I file another?’ the attorney added.

Allred told Fox News that ‘any allegation of extortion is defamatory, and appears to be an attempt by Mr. Cosby’s representative to deflect attention away from the allegations by more than 60 women who have accused Mr. Cosby of victimizing them.’ 

EXCLUSIVE: ‘Is this a dream?’ Bill Cosby’s first words upon his release from jail are revealed as never-before-seen photos show him eating pizza, sitting on his bed in his prison uniform and enjoying life as a free man

By Laura Collins In Birmingham, Alabama, For Dailymail.com

He could have had anything money could buy. But after nearly three years of incarceration former inmate NN7687 didn’t want anything fancy.

Instead, on the day of his release, Bill Cosby just wanted to be in his own home, on his own sofa and eating a slice of his favorite pizza.

Taken within hours of Cosby, 83, getting out of prison these exclusive images obtained by DailyMail.com show a man elated in his freedom.

Sitting on his bed in Elkins Park, Pa., still in his prison uniform, or eating that simple tomato, mozzarella and basil pizza that he craved, they offer a never-before-seen glimpse of Cosby’s first moments of freedom following last week’s Supreme Court decision to overturn his conviction for drugging and sexually assaulting Andrea Constand, 48, in 2004.

And now, in an exclusive interview with DailyMail.com, Cosby’s friend and spokesperson Andrew Wyatt has shared the inside story of that release and the hours that followed.

He has given details of the actor and comedian’s reunion with his wife of 57 years, Camille; he has told of Cosby’s time in prison, and he has revealed Cosby’s plans for his life on the outside.

According to Wyatt, Cosby’s first words upon getting into the car that would take him from SCI Phoenix to his home in Elkins Park, Pennsylvania were, ‘Andrew, is this a dream?’

Exclusive photos show Bill Cosby’s first moments of freedom since he was released from prison last week eating simple tomato, mozzarella and basil pizza that he craved

Wyatt said Cosby’s first words while getting into the car that would take him from prison to his home in Pennsylvania were, ‘Andrew, is this a dream?’

Wyatt recalled, ‘He said, ‘Are you real?’ I said, ‘I’m real, touch me.’ He said, ‘Look, people can sometimes feel things in dreams.’ And I said, ‘Mr. Cosby this is real. You’re free.’

Wyatt recalled how Cosby shook his hand, told him he would ‘go down in history,’ for his work on his behalf and asked, ‘How does Mrs. Cosby sound?’

Twenty-four hours later Cosby was reunited with 77-year-old Camille. She and Cosby had spoken on the phone almost every day, but they had not seen each other since he left home on the day the jury came back with their guilty verdict at the end of his second trial in 2018.

Convicted on three counts of aggravated indecent assault, Cosby had not wanted his wife, or daughters, to see him as a prisoner.

Wyatt described their reunion as, ‘like watching teenage love.’ He said, ‘The way she touched him and said, ‘Billy.’ He said, ‘My dear Camille.’

News of the Supreme Court’s decision came on Wednesday June 30. Wyatt recalled that when he first got wind of it, he kept it to himself. He said, ‘I didn’t tell anyone because it’s been a roller-coaster and so many people have come with information saying that he’s not going to be sentenced, he’s not going to be charged, he’s not going to be convicted…It’s emotionally and mentally draining.’

Wyatt wanted to be sure that it was true before breaking the news to Camille. When he did, she too struggled to wrap her mind around what she was being told.

He said, ‘I called Mrs. Cosby and said, ”You’re not going to believe this. They’ve vacated his entire conviction. They threw it out in perpetuity.” And she said, ”No, we need to check this.”’

At the time Camille was on her way from the family’s Massachusetts home to New York. Wyatt was already on the road to Pennsylvania and told her, ‘I’ll bring him to you.’

According to Wyatt, at that same moment Cosby was asleep in his cell, oblivious to it all.

In an exclusive interview with DailyMail.com, Cosby’s friend and spokesperson Andrew Wyatt shared the inside story of his release and the hours that followed

Cosby is seen locking arms with Wyatt as he walked out to the media outside of his Elkins Park, Pennsylvania home last week just after the Pennsylvania Supreme Court overturned his sexual assault conviction 

Wyatt described Cosby’s reunion with his wife as, ‘like watching teenage love. The way she touched him and said, ‘Billy.’ He said, ‘My dear Camille’

Cosby told Wyatt he had been in a deep sleep when guards opened his door and told him, ‘Get up. You’re free.’

Wyatt said, ‘He said, ‘I heard all these inmates shouting, kicking the doors, shouting ‘Get outta here Bill, Uncle Bill, the Godfather.’

Cosby is completely blind having lost his sight to glaucoma many years ago and told Wyatt, ‘I thought it was a fight going on. I don’t know what’s happening.’

A group out of Atlanta threw a ‘Welcome back Bill Cosby’ party on Sunday the 4th of July

Later that night Cosby admitted to Wyatt that he didn’t want to go to sleep for fear that when he woke up, he would find that it was all a dream after all.

It is seven months since the Supreme Court of Pennsylvania heard Cosby’s appeal on two grounds: the admissibility of a damaging deposition given by Cosby in civil proceedings brought by Constand and the decision by trial judge Steven O’Neill to permit five other women testify to allegedly similar ‘prior bad acts’ at his second trial in 2018.

O’Neill had only permitted one other accuser to testify at the 2017 trial which ended in mistrial, and he never gave any reason for his change of heart second time round.

When Constand first reported the alleged assault in 2005 the then Montgomery County District Attorney Bruce Castor found her lacking in credibility. In the absence of any corroborating evidence, he concluded that a criminal prosecution would not succeed.

Castor issued a press release saying that the county would not bring criminal charges in a move intended to help Constand get ‘justice’ through a civil suit.

Without the spectre of criminal proceedings Cosby couldn’t plead the Fifth when deposed in an interrogation that took place over four days. In 2006 Constand received a civil settlement of $3.2million.

Last Wednesday, in an excoriating opinion, the Supreme Court described Castor’s successors’ – former DA Risa Ferman and current DA Kevin Steele – act of using Cosby’s civil depositions against him in a criminal trial, as a ‘bait and switch.’

The judges stated that the move had stripped Cosby of his Fifth Amendment rights twice over, harming him in the civil action and damning him in the criminal one.

They not only vacated his conviction but ensured that he would never again be prosecuted on charges relating to Constand.

Thwarted DA Steele has dismissed the Supreme Court decision as one based on, ‘a procedural issue that is irrelevant to the facts of the case.’

When Cosby entered prison, he weighed 215lbs. He now weighs 173lbs and, Wyatt said, Camille is determined to fatten him up. Cosby is seen looking worse for wear in his 2020 mugshot (right) compared to his 2018 mugshot (left) 

Wyatt believes that prison saved Cosby’s life, because it was during his time behind bars that doctors’ concern over his soaring blood pressure led to the discovery of a 90 percent blockage in both his right and left carotid arteries

Today Wyatt pushed back describing Steele’s conduct as an ‘egregious abuse of [Cosby’s] constitutional rights and due process.’

He said, ‘The constitution is not a technicality…it was not given to us as a suggestion.’

And, where some have sought to draw a distinction between legal and moral guilt suggesting that being cleared of one does not equate to absolution of the other, for Cosby and his team the Supreme Court decision is nothing short of total vindication.

Wyatt said, ‘Look this man at 83 years old is [physically] and mentally strong. I always say that prison didn’t break Mr. Cosby. Mr. Cosby broke prison.’

Cosby refused to participate in any courses for the rehabilitation despite the fact that he would only be eligible for parole if he did so.

Now Wyatt said, ‘I think that was a strong message to the Pennsylvania State Supreme Court.’

Wyatt said that Cosby was ‘pressured every day’ to sign papers conceding to the program. But, he said, ‘Mr. Cosby was steadfast.’

He modeled himself on Nelson Mandela, Wyatt said, a man whom he met many years ago. The way Wyatt and Cosby see it he was a political prisoner too with his prosecution carrying undertones of racism in the desire to bring him down.

Cosby was prepared to serve out his time – a sentence of up to ten years – in SCI Phoenix’s general population rather than take any step towards accepting guilt.

He became involved in the Man Up program run by a fellow inmate to help offenders prepare themselves for life out of prison and, Wyatt said, he earned the respect and protection of his fellow prisoners in the process.

Wyatt said, ‘I would say he did the time in the proper way. He stayed healthy. He worked out in his cell, did leg lifts and crunches, sit-ups that sort of thing and tried to eat as healthy as possible.’

When Cosby entered prison, he weighed 215lbs. He now weighs 173lbs and, Wyatt said, Camille is determined to fatten him up.

In fact, Wyatt believes that prison saved Cosby’s life, because it was during his time behind bars that doctors’ concern over his soaring blood pressure led to the discovery of a 90 percent blockage in both his right and left carotid arteries.

Cosby refused to participate in any courses for the rehabilitation despite the fact that he would only be eligible for parole if he did which Wyatt said was, ‘a strong message to the Pennsylvania State Supreme Court.’

Supporters are seen outside of Cosby’s home in Pennsylvania the day of his release 

There were also demostrators outside of Cosby’s residence who protested the Pennsylvania Supreme Court’s motion to overturn the conviction 

Cosby had two separate procedures to clear them in Fall 2019 and according to Wyatt, ‘I would like to say prison saved his life because I don’t think he would ever have told anyone [about his symptoms].’

Now that Cosby is free, he is, Wyatt said, receiving acupuncture, drinking VIDL Wellness tea and embracing an holistic approach to health as advocated by his wife who is a great proponent of Chinese and herbal medicine.

According to Wyatt, far from being rocked by the events of the past years – the trials and very public airing of numerous extra-marital encounters described by Cosby as consensual – the Cosby marriage is stronger than ever.

Neither of the Cosbys were, according to Wyatt, troubled by the women who came forward with their allegations before and during both trials. Instead, they viewed them as, ‘distractors.’

Wyatt said, ‘I don’t think he looked back on anything [like that during his time in prison]. He said that was part of his life. That was his past and he and Mrs. Cosby had discussed that, and they moved on and he moved on from it. Infidelity happens.

‘I think he reflected on a lot of things, on how he wanted to manoeuvre his life…career-wise. But as far as any of those alleged distractors, he never thought about them.’

As for Camille, Wyatt said, ‘She told me, ‘I understood the business that my husband was in. And not only did I understand it, I accepted those things. We dealt with those things then and there’s no perfect relationship. There is no perfect marriage.’

He said, ‘Look, she’s always supporting. She has been his manager for 54 years. She loves him. She’s the matriarch of the family and she’s the matriarch of all of us. Everything you see me do has always been steered and directed and supported by her.

‘Everything that you see him do is steered and directed and supported by Mrs. Cosby. Everything that you see the attorneys do is steered and directed and supported by Mrs. Cosby. She’s on board.’

Wyatt said, ‘You don’t have to air your dirty laundry to the public and that’s what Mrs. Cosby and Mr. Cosby decided not to do. I think that’s what infuriated the media.’

But much of the airing of that ‘dirty laundry’ was arguably beyond their control. Does Wyatt think the damage done to Cosby’s reputation is irreparable? Can the man once known as America’s Dad ever regain the public trust he once enjoyed?

Even though Cosby was charged only with the assault on Constand (above), the trial judge allowed five other accusers to testify that they, too, were similarly victimized

According to Wyatt, ‘He got it back when he was vindicated, Wednesday. He got it back. Look he has over 3.3million followers on social media who never left.

‘There was a group out of Atlanta on Sunday 4th of July threw a ‘Welcome back Bill Cosby’ party. You get [the trust] back by standing on principle and you maintain your innocence and people see you’re fighting.’

The trials of the past years – the allegations, the millions in legal fees, the decimation of his character and legacy – are not things that Cosby can easily leave behind or move on from regardless of his newfound freedom. But, according to Wyatt, he has big plans for the future.

He wants to go on tour and insists that he is in good enough health to do so. He is developing a television show, working on a documentary and a book and determined to use his own experience of prison to advocate for prison reform.

He wants to look forward, not back.

Wyatt said, ‘Look, this was a huge victory. This was the Super Bowl, the NBA Championship, the Stanley Cup and the World Series…and we didn’t ask for a participation trophy.

‘We played the game, and we played the game fair. They didn’t.’

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New York bars, restaurants suing state over coronavirus curfew get temporary OK to stay open later: report

Ninety bars and restaurants suing New York state over a coronavirus-related 11 p.m. closing curfew were allowed to stay open until their normal 4 a.m. closing time this weekend after a ruling Saturday night by a state Supreme Court justice.

The decision by Justice Timothy Walker, granting a preliminary injunction, took effect immediately, WIVB-TV of Buffalo reported.

Steve Cohen, an attorney with law firm Hogan-Willig, which represents the plaintiffs, said the firm’s clients were pleased with the decision. The firm had argued that the curfew was not supported by science.

CUOMO CRACKS DOWN ON BARS, GYMS, RESTAURANTS AS CORONAVIRUS CASES CLIMB AGAIN

“It’s probably the last-ditch opportunity for our clients to be able to get life breathed back into them. They were all hanging by a thread,” Cohen said, “and Judge Walker gave them a lifeline.”

“It’s probably the last-ditch opportunity for our clients to be able to get life breathed back into them. They were all hanging by a thread and Judge Walker gave them a lifeline.”

— Steve Cohen, attorney representing New York businesses

Walker’s ruling applies only to the bars and restaurants participating in the lawsuit, WIVB reported.

Earlier this month, Hogan-Willig sued Gov. Andrew Cuomo, calling for a judge to make the state comply with its December request for access to state data on transmission of the coronavirus.

CLICK HERE FOR COMPLETE CORONAVIRUS COVERAGE

Cohen said at the time that the firm wanted proof that the state’s coronavirus restrictions were justified by scientific data, WIVB reported.

Cuomo’s office responded at the time by saying it was withholding comment until it could review the lawsuit, and asserted that any claim of the administration engaging in “deception or obfuscation” was “simply incorrect.”

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Dominion suing Mike Lindell ‘definitely’ not last defamation suit: CEO

  • Dominion’s defamation lawsuit against Mike Lindell is “definitely” not its last, its CEO told CNBC.
  • Lindell, Sidney Powell, and Rudy Giuliani made baseless claims about Dominion’s voting machines.
  • Asked whether the company would sue Fox News, John Poulos said Dominion was “not ruling anyone out.”
  • Visit the Business section of Insider for more stories.

Dominion Voting Systems’ CEO said the company would continue to take legal action against people who spread baseless claims that its voting machines were used to “steal” the 2020 US presidential election.

Dominion has already filed defamation lawsuits against MyPillow CEO Mike Lindell, the pro-Trump attorney Sidney Powell, and former President Donald Trump’s personal lawyer Rudy Giuliani, seeking at least $1.3 billion in damages in each case.

Dominion CEO John Poulos told CNBC on Tuesday that the filing against Lindell on Monday was “definitely not the last lawsuit.”

Dominion has sent cease-and-desist notices and warnings to preserve documents to more than 150 people, The Washington Post reported. This includes the media outlets Fox News, Newsmax, and One America News.

Asked whether the company would sue Fox News, Poulos said Dominion was “not ruling anyone out.”

As conspiracy theories sprung up around the election, one posited that Dominion and Smartmatic, a rival election-technology company, developed technology that “flipped” votes from Trump to Joe Biden through a method developed with the regime of the late Venezuelan dictator Hugo Chávez.

The theory has been thoroughly debunked. But that didn’t stop Powell and Giuliani from pushing elements of the theory while filing a series of failed lawsuits seeking to overturn the results of the election. Lindell has also spread misinformation about the machines, saying Dominion “built them to cheat.”

A Fox News representative told Insider earlier in February that the network ran several “fact-check” segments “prior to any lawsuit chatter.” While several of its news shows reported that there was no evidence of Dominion’s systems changing votes, Fox News, in particular its opinion hosts, “questioned the results of the election or pushed conspiracy theories about it at least 774 times” in the two weeks after the network called the race, according to Media Matters.

On February 4, Smartmatic filed a $2.7 billion lawsuit against Fox News over election conspiracy theories, saying it had “damaged democracy worldwide.” Fox News said it fairly reported and commented on “allegations in a hotly contested” election and asked a judge to dismiss the defamation lawsuit.

Insider has contacted Fox News for comment on Poulos’ remarks.

Lindell called ‘reckless’ in his peddling of disinformation

Poulos told CNBC that Lindell’s claims were “absolute nonsense,” adding that what the controversial CEO touted as evidence was actually “fake documents.”

Poulos said the voter-fraud theory had caused “devastating” reputational damage to the company.

He said Americans could be “forgiven for believing” the claims because they were touted as facts.

Despite naming both Lindell and MyPillow in the lawsuit, Poulos said Dominion didn’t want to put the pillow company out of business.

“The larger point is to get the facts on the table in front of a court of law where evidence is properly judged,” he said.

In the lawsuit, Dominion listed various promotional codes that MyPillow had used to offer online discounts, including “QAnon” and “FightforTrump.”

Poulos told CNBC that Lindell used the codes to attract people to MyPillow’s website.

In the lawsuit, Dominion said Lindell’s voter-fraud claims had caused MyPillow’s sales to surge by up to 40%.

But Lindell told Insider he expected to lose money as well over the claims — which he stood by — including an estimated $65 million in revenue this year he attributed to boycotts from retailers including Bed Bath & Beyond and Kohl’s.

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