Government need not raise Privacy Protection Act in warrant application

07/29/96

MISSOURI–In mid-July, the U.S. Court of Appeals in St. Louis (8th Cir.) ruled that a county prosecutor had been improperly prevented by a District Court from arguing that the seizure of a videotape from a Kansas City television station fell within an exemption of the federal Privacy Protection Act.

The appeals court ordered the lower court in Kansas City to re- consider whether prosecutor Claire McCaskill should be fined $1000 because the police used a search warrant — instead of a less- intrusive subpoena, as the law requires in most instances — to obtain a tape that recorded the abduction of a woman who was later murdered.

WDAF-TV purchased the tape from a tourist and televised it on August 5, 1994. Later that day, police armed with a search warrant seized the tape. The Privacy Protection Act requires that, with limited exemptions, government officials can obtain documentary materials intended for dissemination to the public only by a subpoena.

The District Court ruled that McCaskill was liable for $1000 in damages.

She argued that the seizure was justified. The act permits an immediate seizure if there is reason to believe that a death or serious injury is imminent, she said, or that the issuing of a subpoena might lead to the destruction, alteration, or concealment of materials. But the court ruled that McCaskill was not entitled to raise these exemptions in her defense because they had not been addressed in the initial application for a search warrant.

The appeals court overruled this decision, holding that neither the text of the Privacy Protection Act nor its legislative history suggest that any exemptions to it must be cited in an application for a search warrant. Congress chose not to include any such requirement in the act, and courts should not “embellish [Congress’s] legislative scheme with additional procedural requirements,” according to the court.

A dissenting judge noted that the law was enacted in response to a U.S. Supreme Court decision, Zurcher v. Stanford Daily, which anticipated that a warrant to search a news agency would establish “special circumstances.” “The logical conclusion is that Congress envisioned the procedural framework to remain intact,” he wrote; Congress anticipated that exemption claims would be considered by a judge before a search warrant was issued. (Citicasters v. McCaskill; Media Counsel: Sam Colville, Kansas City)

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Police in Phoenix searched and confiscated items from the home of a blogger who runs a Web site that is critical of the police department.

According to blogger Jeff Pataky, who runs the site BadPhoenixCops.com, the police confiscated his laptop,wireless router, and paper files includingtax documents and bills, when they searched his home in mid-March.Those items have not been returned. Pataky said the officers had a search warrant.

Pataky was out of town on a business trip when the authorities arrived, but he said his roommate was home andwaited in handcuffs for three hours while thepolicesearched the house. Her laptop was confiscated as well.

Pataky thinks the raid was in response to both his critical writing on the policeand to a civil rights lawsuit he filed against thedepartment after hefacedassault charges in an unrelated domestic case; those charges wereultimately dismissed last spring.

Since the raid, he’s been talking to his lawyer about adding to the suit another claim for the confiscation of his computer and files to the pending lawsuit. Searches and seizures of journalists’ work productviolatethefederalPrivacy Protection Act.

In the meantime, the ordeal hasn’tdissuaded Pataky fromworking on his blog.

“For about a day I was down,” he said. “Then I got a computer and was back up and running.”

Pataky has run the police site for about a year. He said it focuses on the chief, Jack Harris, and his management of the officers. Though Pataky is not connected to the police department, he says he has many confidential sources with whom he speaks on a regular basis. Despite the name, he sayshis blog offers a balanced perspective on the agency and its staff.

“The Web site provides a voice and outlet for the good cops to talk about what they want to talk about,” he said, while at the same time, “it exposes corruption and lets the public know about it.”

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NEWS MEDIA UPDATE · FIFTH CIRCUIT · Confidentiality/Privilege · June 15, 2007

Magistrate upholds subpoena over Hamas interview

A reporter at The Dallas Morning News had sought to avoid testifying about his interview with one of the founders of Hamas.

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June 15, 2007 · A federal magistrate judge on Wednesday refused to quash a subpoena for a Dallas journalist in a criminal case in which a Texas-based foundation is accused of providing funding for Hamas.

Steve McGonigle, a reporter for The Dallas Morning News, was subpoenaed to testify about a December 1999 interview with one of the founders of Hamas, Sheikh Ahmad Yassin, according to McGonigle’s motion. Yassin has since died.

McGonigle’s work produced two stories in June 2000 in which Yassin denied any relationship with the Holy Land Foundation. McGonigle also anonymously quoted a “senior Israeli official” who said the United States was reluctant to “act too close to the HLF” in the late 1990s.

U.S. Magistrate Judge Paul D. Stickney did not explain the denial in his one-page order.

In his motion, McGonigle argued that testimony about his interview with Yassin would be “irrelevant and immaterial.”

“Specifically, McGonigle was not an eye witness to any events or overt act alleged in the Superseding Indictment and has no personal knowledge of any such events,” the motion states.

Statements by Yassin to McGonigle would be “inadmissible hearsay,” the reporter’s attorneys argued in the motion.

McGonigle also argued that his conversations with and the identity of his confidential source are protected by a qualified reporter’s privilege recognized by the federal appeals court in Houston (5th Cir.), whose decisions are binding on the lower court in Dallas. That privilege prevents the “forced disclosure of confidential sources,” according to the motion.

Additionally, journalists who appear to have “acted as an agent for the U.S. Government will almost inevitably be placed at a substantially greater risk when on assignment in the Middle East,” McGonigle argued. He said this could result in less news for readers.

“To avoid this increased risk to McGonigle, news organizations such as The News may decide not to send him on future assignments to the Middle East, which may result in less news being available to report to U.S. readers,” the motion says.

At a minimum, McGonigle argued, his testimony should be limited to “his authentication of Sheikh Yassin’s quoted statements.”

(U.S. v. Holy Land Foundation, Media Counsel: Russell F. Coleman, Belo Corp., Dallas) — SH

© 2007 The Reporters Committee for Freedom of the Press · Return to: RCFP Home; News Page

A judge has ruled that University of California police illegally obtained photographs from a journalist covering a campus protest.

Alameda County Superior Court Judge Yolanda Northridge on Friday ordered police to return all copies of the photos taken during the December protest at the Berkeley campus, according to the Oakland, Calif.-based First Amendment Project. The judge also ordered university officials to declare under oath what agencies, if any, received copies of the photos.

“Everything we asked for, we got,” said David Greene, the First Amendment Project’s executive director.

Photojournalist David Morse was covering the demonstration for the San Francisco Bay Area Independent Media Center, known as Indybay, when he was arrested by campus police who obtained a search warrant to view his photos.

In requesting the warrant, police never informed a judge that Morse was a journalist, Greene said. A California shield law protects journalists from subpoenas that seek unpublished information gathered while covering the news.

Though Morse repeatedly identified himself as a journalist before he was arrested, the university argued that police had reason to believe Morse was not a journalist because he was carrying an expired press pass.

Morse frequently carries his old press pass as a backup and left his current pass behind as he rushed to get to the scene, Greene said. Regardless, the attorney noted, police ignored Morse when he tried to explain that he was a journalist.

University police Capt. Margo Bennett said Tuesday that she had not yet reviewed the court’s ruling and was unable to discuss its impact.

Police arrested eight people Dec. 11, when dozens of protesters marched on the home of university Chancellor Robert Birgeneau to protest budget cuts and a fee increase. Protesters – some carrying torches – broke lights and windows and overturned planters at the chancellor’s home.

The university obtained Morse’s photos to aid its investigation. In a court motion supporting its actions, the university argued that the public’s interest in prosecuting the protesters outweighed a First Amendment right to preserve the confidentiality of unpublished information.

Meanwhile, in another case that could involve California’s shield law, the owners of the Gizmodo technology blog have asked authorities to return computers and other equipment taken from a blogger who posted pictures of a missing iPhone prototype. Gawker Media argues the state’s shield law should also protect the blogger’s property.

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The Supreme Court decided not to hear an appeal of a New York ruling that said Fox News reporter Jana Winter did not have to testify in the Colorado murder trial of James Holmes, the accused Aurora theater shooter. The lower court’s opinion therefore still stands, and Winter will not be forced to testify.

The Colorado court wanted Winter to testify about the sources who gave her confidential information about a notebook Holmes sent to his psychiatrist before he opened fire in a Colorado movie theater in July 2012.

Because Winter lives in New York, the Colorado court had to seek an order from a New York court forcing Winter to testify in Colorado. The highest court in New York ruled that it would not force Winter to testify, as she was protected by New York’s shield law, which is stronger than Colorado’s. The New York shield law offers "absolute privilege" for confidential sources and never forces a journalist to reveal the identity of confidential sources.

Colorado law, on the other hand, can require a journalist to reveal confidential sources if the information requested is "directly relevant to a substantial issue" and "cannot be obtained by any other reasonable means," and the interest in the information outweighs the First Amendment interests.

Holmes' trial will start in October with jury selection.

The Reporters Committee led a coalition of 38 media organizations in filing a friend-of-the-court brief in support of Winter before New York's high court last August.

At a hearingtoday in federal court in Detroit, ajudge delayed ruling on whether to holdDetroit Free Press reporter David Ashenfelter in contempt for refusing to reveal confidential sources, the paper reported.

Ashenfelter is fighting a subpoena from former federal prosecutor Richard Convertino, who subpoenaed the reporter for information to boost his Privacy Act lawsuit against the Department of Justice. Convertino sued the DOJ for leaking information to the press about an internal investigation into his conduct during a terrorism trial in Detroit.

At a deposition in December, Ashenfelter invoked the Fifth Amendment in response to questions from Convertino’s attorneys. Convertino subsequently asked the court to hold Ashenfelter in contempt and to impose sanctions on him for refusing to testify.

In papers filed before the court, Ashenfelter’s attorney, Herschel Fink, argued that the reporter could be prosecuted for several crimes – including violating the Espionage Act or conspiracy for any crime committed by DOJ officials. As evidence Fink pointed to statements made by Convertino calling Ashenfelter a criminal.

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Judge Robert Cleland invited DOJ officials to the hearing today to comment on the likelihood that Ashenfelter could be prosecuted for a crime. Those officials told the judge that they could not give a definitive answer as to whether Ashenfelter could, or would, face criminal charges if he testified, the Free Press reported.

Cleland’s refusal to rule from the bench today means that a written opinion will be forthcoming.

U.S. special forces in Syria carried out a successful operation in which Abu Bakr Baghdadi, the leader of the Islamic State militant group, died, President Trump announced Sunday.

WASHINGTON — 

The U.S. special forces operation in Syria that led to the reported death of Abu Bakr Baghdadi, the leader of the Islamic State militant group, brought to a close a manhunt that lasted nearly a decade and dealt a significant blow to a jihadi group known for its extremism and brutality.

President Trump announced the terror leader’s death in a televised statement Sunday from the White House, relishing the opportunity to taunt the deceased militant and declare victory over Islamic State, also known as ISIS.

“He was a sick and depraved man, and now he’s gone,” Trump said, vowing that the U.S. would “continue to pursue the remaining ISIS terrorists.”

“Last night was a great night for the United States and for the world,” Trump said. “He died like a coward, the world is now a much safer place.”

Baghdadi had a spectacular rise and fall in the violent world of Islamic extremism, forging elements of the Sunni insurgency against the U.S. in Iraq into Islamic State, which in 2014 conquered a swath of Iraq and Syria the size of Britain that he declared to be an Islamic caliphate. For more than two years, he ruled over some 12 million people, employing brutal, highly publicized killings, rapes of captive women and enslavement of non-Sunni minorities to enforce his theocratic brand of Islam.

Even before those conquests, Baghdadi had been among the world’s most-wanted men, hunted by the CIA and the intelligence services of Iraq and several of its neighbors. He eluded pursuit in part by stringent security procedures, seldom appearing in public and communicating even with his own followers only through intermediaries.
His death came when he detonated a suicide vest, killing himself and three children with him, according to Trump and U.S. military officials. It capped a U.S. commando raid Saturday in Syria’s Idlib province, in the northwestern part of the country.

No U.S. personnel were killed in the raid, Trump said. In addition to the three children, two women, believed to be wives of Baghdadi, also died in the raid, he said. An additional 11 children who survived the raid were turned over to local forces.

After reading his prepared remarks from a teleprompter, Trump stayed at the White House podium, taking questions during what ended up being a nearly 50-minute exchange with reporters. Trump revealed an extraordinary level of operational information about the raid — details normally withheld — with much of it aimed at driving home the argument that Baghdadi was not a powerful militant leader, but a weak and evil man.

“He died after running into a dead-end tunnel whimpering and crying and screaming all the way,” Trump said, adding that he watched much of the operation from the White House Situation Room as it took place.

It was “like a movie,” he said, describing Baghdadi being chased in the tunnel by one of the Army’s trained dogs and noting that the assault team brought a robot with them for pursuit, but didn’t use it because the operation moved too quickly.

“The thug who tried so hard to intimidate others spent his last moments in utter fear, in total panic and dread,” he said.

Asked if he actually heard Baghdadi whimpering on the video feed, Trump said, “I don’t want to talk about it.”

Defense Secretary Mark Esper, interviewed on several Sunday television programs, was far more tight-lipped than the president about the intelligence that led to the raid and the way it played out, but confirmed that the Islamic State leader had committed suicide by detonating an explosive vest after being pursued into a tunnel.

“The aim was to capture,” Esper said on CNN. “We tried to call him out and asked him to surrender himself. He refused.”

He notably did not vouch for Trump’s claim about the terrorist leader whimpering.

“I don’t have those details,” he said on ABC’s “This Week.”

Trump, who has been eager to withdraw U.S. forces from the Middle East, mixed his message with characteristic self-aggrandizement as he took credit for a mission that, he noted, was aided by regional allies.

“Bin Laden was big, but this was bigger,” he declared at one point, referring to the 2011 raid in which U.S. forces killed Osama bin Laden during former President Obama’s tenure. Bin Laden attacked the World Trade Center, but Baghdadi attempted to build a country, Trump said.

At another point he claimed, falsely, that in a book published in 2000 he had advocated killing Bin Laden long before anyone else had realized the importance of the Al Qaeda leader. By that point, Bin Laden had already been indicted by a federal grand jury on terrorism charges, was listed as one of America’s “most wanted” fugitives and had been the target of at least one unsuccessful U.S. military raid.

Trump’s rhetoric drew some immediate criticism, including from figures in his own party. Rep. Mac Thornberry (R-Texas), the senior GOP member of the House Armed Services Committee, said during an interview on CNN on Sunday that some of the remarks made him “uncomfortable.”

According to Esper, Trump gave the go-ahead for the raid on Thursday. U.S. forces had Baghdadi under surveillance for the “last couple of weeks,” Trump said, as the militant leader repeatedly changed his plans.

The leader of the Syrian Democratic Forces, the leading Kurdish militia group, which was aligned with the U.S. in the fight against Islamic State, said in a statement on Twitter that planning for the operation had been under way at least since early summer.

“For five months there has been joint intel cooperation on the ground and accurate monitoring, until we achieved a joint operation to kill Abu Bakir al-Bagdadi,” Gen. Mazloum Abdi wrote.

The raid involved U.S. commandos who arrived on scene in eight helicopters, flying over territory controlled by Turkey and Syria, Trump said. The commandos used explosives to enter the compound in which Baghdadi was located, he said.

The flight in was the most dangerous part of the operation, Trump noted. Trump declined to say where the helicopters took off from, but his description of the flight strongly suggested a base in Iraq.

The commandos were “met with gunfire,” but the opposing forces were quickly killed, Trump said. In addition to Baghdadi’s death, the raid also netted “highly sensitive material” that will be useful in tracking other militants, he said.

In the operation’s aftermath, regional allies of the U.S. — including Syrian Kurds, Iraq and Turkey — rushed to claim credit for helping U.S. commandos launch the attack. Trump said the raid was carried out with “cooperation” from Russia, Iraq, Turkey and Kurdish forces in Syria. The Kurds provided “information” that was helpful, he said.

The president, who has been under intense criticism from lawmakers in both parties in recent weeks for his withdrawal of U.S. troops from a different part of Syria — the Turkey-Syria border in the northeastern part of the country — teased the news Saturday night, tweeting, “Something very big has just happened!”

He released the tweet as soon as the U.S. troops landed safely, he said, but ordered his aides not to inform senior Democratic members of Congress. Typically, the congressional leadership is notified of such missions.

“Washington is a leaking machine, and I told my people we will not notify them until our great people are out,” he said.

Leaks happened anyway. Within minutes of Trump’s tweet, reports quickly began circulating that Baghdadi had been targeted in the raid and had died, but military officials could not confirm the death until they conducted DNA tests.

Trump said the identification was certain, based on an “on-site test” of body parts. The team conducting the raid included lab technicians, he said.

House Speaker Nancy Pelosi (D-San Francisco) sharply criticized Trump for keeping lawmakers in the dark, especially after he notified U.S. adversaries.

“The House must be briefed on this raid, which the Russians but not top Congressional Leadership were notified of in advance, and on the Administration’s overall strategy in the region,” Pelosi said in a statement. “Our military and allies deserve strong, smart and strategic leadership from Washington.”

The raid took place in or near Barisha, a small town in northwestern Syria not far from the border with Turkey. The region lies some 250 miles west of the remote shadowlands of the Syrian-Iraqi border where Baghdadi was thought to have been hiding.

Syrian activists posted video on social media showing large explosions and the sound of small-arms fire in the Barisha area. In one video, the roar of warplanes is punctuated by a series of massive blasts. Another video shows some of the results of the attack: A cameraman walks in the village, filming the burned husk of a car as well as charred corpses.

Residents in the area contacted via the WhatsApp messaging service said explosions could be heard miles away. Some ran up to their rooftops, and saw tracer fire streaking during the firefight.

The area where the raid took place has long served as a conduit for ferrying people and war supplies across the border to and from Turkey.

The region is dominated by jihadist groups hostile to Islamic State, making Baghdadi’s presence there surprising. The radical Islamic group in that part of Syria fought pitched battles against Islamic State, which they saw as a rival, since 2013. The area also falls under the supervision of Turkish military observation posts.

Baghdadi, an Iraqi believed to be in his 40s, joined the Islamist insurgency against U.S. forces in Iraq following the 2003 invasion of that country. As a relatively low-level member of the insurgency, he was captured in 2004 and held for close to a year by the U.S. in the Abu Ghraib detention facility. He was released in late 2004, and rejoined the militants.

He was publicly declared the leader of Islamic State in 2010 and survived several attempts by the U.S. and its allies to kill or capture him. The chaos spread by Syria’s civil war allowed the group to take root in the eastern part of the country, along the border with Iraq, which provided a springboard for its sweeping conquests in 2014.

In 2015, under former President Obama, the U.S., working with the Iraqi government and Kurdish allies in Syria, began the effort to roll back Islamic State’s gains. An offensive to retake Mosul began in late 2016. The military continued that strategy under Trump, who declared in March that Kurdish militias allied with the U.S. had retaken the last of the territory that Islamic State had held.

Over the years Baghdadi has been reported killed several times — each time resurfacing. The last known images of him came from a video released in April by Islamic State in which he exhorted militants to continue attacks on Western targets.

The group did not immediately confirm his death, which would be a major blow, although jihadi groups have repeatedly shown the ability to regroup after the deaths of their leaders. The group is believed to still command the loyalty of as many as 18,000 fighters in Iraq and Syria, U.S. defense officials reported recently.

Esper stressed that point in his appearances Sunday. Just because the militants no longer hold territory doesn’t mean they can’t take root again, he said, adding that the U.S. military has to “continually monitor” the situation.

“It’s hard to defeat an ideology,” he said. “So what we’re going to have to do is stay on top of this.”

In April, the militants released an 18-minute video in which a man identified as Baghdadi repeatedly praised the “steadfastness” of militants and said that although Islamic State had lost territory, “jihad is ongoing until the day of judgment.”

Last week as Trump took credit for a cease-fire between Turkey and Kurdish groups in northern Syria, the president’s special envoy for Syria, James Jeffrey, told lawmakers on Capitol Hill that at least 100 prisoners associated with Islamic State had escaped from detention camps that had been guarded by the Kurds and remained unaccounted for amid the intensified fighting in the region.

Stokols reported from Washington and Bulos from Beirut.

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Hurricane-like winds swept across large swaths of California over the weekend, bringing with them not only worries over fires and power shut-offs but also some vexing questions for the state’s politicians and voters.

Simply put: What systemic changes can, or should, government officials put in place to keep these worrisome days of October from happening again?

NEWSOM: ‘WE HAVE TO JUST GET THROUGH THIS’

Gov. Gavin Newsom spent the weekend in Sonoma County assessing the impact of the Kincade fire and meeting with some of those who fled as it threatened their homes and neighborhoods. This is standard fare for governors during crisis situations, and he pledged to stay engaged through the duration.

But Newsom has bigger challenges on the horizon. And he knows it. While wildfires can be sparked by any number of activities — and the cause of the Sonoma blaze has yet to be established — the conversation about when weather conditions merit a power shut-off is a complicated blend of regulation and responsibility. As we wrote over the weekend, the current structure essentially allows any utility company to call the shots.

That’s unlikely to pass muster in fire seasons to come. In an interview Sunday with Times staff writer Melody Gutierrez, Newsom said serious changes are needed in the use of a public safety power shut-off, known in government jargon as a PSPS.

“The PSPS is appropriate, but it cannot be done at this scale that it’s being done,” Newsom said. “That remains the biggest issue: the scale and the scope.”

For the governor and millions of Californians, it’s been a long month. The first power shut-offs came almost three weeks ago, met mostly with public anger. Last week’s blackouts might not have been enough, with questions remaining about the failure of Pacific Gas & Electric’s equipment near the suspected point of origin of the Kincade fire.

Discussion of this and other power shut-off topics has dominated just about everything over the last few days.

“What it feels like right now is just this pound, pounding,” Newsom said on Sunday. “We have to just get through this.”

WHO SHOULD OWN THE UTILITIES?

Amid the many ideas floated during this trying month of flipped switches and frayed nerves is whether Californians — or, for that matter, Americans — should rethink private ownership of large utilities.

Assemblywoman Lorena Gonzalez (D-San Diego), one of the state’s most outspoken liberal legislators, sparked on Sunday an intense Twitter discussion on the subject.

“Please tell me when having a for-profit corporation in charge of a necessary public service (utilities, hospitals, schools) has served the people well,” Gonzalez wrote in her initial post. “The conflict of serving shareholder profits seems to undermine the public good/concern we expect from these companies …”

Then there were these tweets from Vermont Sen. Bernie Sanders: “Our hearts go out to Californians affected by the devastating wildfires. Climate change is real, and when I am president, we are going to treat this like the existential crisis it is,” he wrote in the first posting.

Sanders followed it up by saying, “It is time to begin thinking about public ownership of major utilities.”

PRAISE FOR THE TRUMP ADMINISTRATION

And we’d be remiss to not point out that Newsom, amid all of the frustrations of the moment, offered unqualified praise for the response he’s gotten over the past trying few days from the administration of President Trump.

The governor described the work of the federal emergency officials as “spectacular.” And he said acting Homeland Security Secretary Kevin McAleenan called him on Friday to check in and see what else could be done to help the state.

“I have nothing but good things to say about the federal government’s support,” Newsom said.

UNDER PRESSURE, REP. KATIE HILL RESIGNS

Her win over a Republican incumbent in 2018 was heralded as a huge success story for California Democrats. But now, after several days of intense criticism, Rep. Katie Hill has decided she will not be able to finish her two-year term in the House of Representatives.

On Sunday, the Santa Clarita Democrat announced her resignation after allegations of intimate relationships with a congressional aide and a campaign staff member. It was a quick fall for a new lawmaker who had been seen as a rising star, previously chosen by her fellow freshmen as their representative to the House leadership.

“For the mistakes made along the way and the people who have been hurt, I am sorry, and I am learning I am not a perfect person and never pretended to be,” Hill wrote in a letter released on Sunday.

It will now be up to Newsom to call a special election to fill the remaining months on her term. There’s some flexibility in state law that could allow some of that contest to be consolidated with the statewide election calendar in 2020.

TODAY’S ESSENTIALS

— The U.S. special forces operation in Syria that led to the reported death of Abu Bakr Baghdadi, the leader of the Islamic State militant group, brought to a close a manhunt that lasted nearly a decade.

— Trump attacked House Speaker Nancy Pelosi on Saturday and sparred with Sen. Kamala Harris, engaging in a feisty online back-and-forth over their separate efforts to connect with African American voters.

— Citing gasoline prices that can be 30 cents a gallon higher than those in other states, Newsom has asked the state attorney general to investigate whether California’s leading oil and gas suppliers are involved in price-fixing.

— Imaad Zuberi, a Los Angeles venture capitalist who flip-flopped his way into political prominence with large donations to Democratic and then Republican campaigns, has been charged with concealing his lobbying efforts for foreign entities, secretly using foreign money for political contributions and fleecing clients of millions of dollars.

— State agents for years have conducted undercover operations and arrested dozens of Californians for bringing illegal guns and ammunition magazines into the state. But some of those agents have been redeployed in recent years.

— California voters who are unaffiliated with a political party will be able to participate in the Democratic presidential primary next year, but they will be prohibited from casting ballots for the president or any possible Republican challenger, according to information released last week by state elections officials.

— Former U.S. Rep. John Conyers, whose resolutely liberal stance on civil rights made him a political institution in Washington and back home in Detroit, died Sunday at age 90.

— Trump was greeted with boos and chants of “Lock him up!” while attending Game 5 of the World Series between the Houston Astros and host Washington Nationals on Sunday.

LOGISTICS

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LONDON — 

The Rams got way ahead of the curve two weeks ago when they made a flurry of trades that netted lockdown cornerback Jalen Ramsey.

That could prevent them from making more headline-grabbing deals before the NFL trade deadline, Tuesday at 1 p.m. PDT.

“There’s not a lot more we could probably do,” Rams general manager Les Snead said the day after he traded for Cleveland Browns offensive lineman Austin Corbett, sent cornerback Marcus Peters to the Baltimore Ravens, and then packaged two first-round draft picks and a fourth-round pick to the Jacksonville Jaguars for Ramsey.

Then again …

“I would never say never,” coach Sean McVay said after the 24-10 victory over the Cincinnati Bengals in London.

The Rams have been one of the NFL’s most aggressive teams in the trade market the last few years. Snead has acknowledged that “when you get a reputation that you’re willing to make moves” and there are “some interesting ideas being floated,” the Rams could be active.

“You always have to assess those,” he said.

McVay echoed the sentiment.

“Les and I, we’ll look at and we’ll figure out if there’s a situation to be had that maybe upgrades us, that fits the framework of not only just this year but the entirety of what we want to do in the next couple years,” he said.

The Rams have several players with huge contracts, including defensive tackle Aaron Donald, receiver Brandin Cooks, running back Todd Gurley and quarterback Jared Goff. The Rams are expected to eventually sign Ramsey to a big contract.

To save money, the Rams have shopped cornerback Aqib Talib, a person with knowledge of the situation said. The 12th-year pro is earning $8 million in the final year of his contract and struggled at times in the Rams’ first five games. Talib is on injured reserve with what McVay has described as broken ribs.

Asked Sunday about an ESPN report regarding Talib’s situation, McVay told reporters, “There’s always things that come up in some discussions, but for the most part we like to just keep those things in house.”

Last season, the Rams made a key move at the trade deadline, acquiring edge rusher Dante Fowler from the Jacksonville Jaguars for a two draft picks.

Fowler performed well and made several game-turning plays during the Rams’ drive to the Super Bowl. His biggest play: A hit on New Orleans Saints quarterback Drew Brees in overtime of the NFC championship game caused the future Hall of Famer to throw a wobbly pass that was intercepted by safety John Johnson. The play set up a game-winning field goal that sent the Rams to the Super Bowl.

Fowler was an unrestricted free agent after the season, but he agreed to a one-year $12-million contract with the Rams. He had three sacks in the Rams’ 37-10 victory over the Atlanta Falcons and 1½ sacks against the Bengals.

Ramsey seemed destined for a high-profile pursuit at the trade deadline, but the Rams’ preemptive moves on Oct. 15 took him off the market.

Ramsey is in the fourth year of a rookie contract that is paying him $3.6 million this season. He will earn $13.7 million in 2020 unless he and the Rams agree to an extension before then. The Rams technically could control him for two more seasons with franchise tags, but they are expected to sign him to a long-term deal.

Ramsey, 25, made an immediate impact in his Rams debut against the Falcons. He forced a fumble, mostly neutralized star receiver Julio Jones and helped provide the Rams’ front more time to pressure and sack veteran quarterback Matt Ryan.

Ramsey made six tackles against the Bengals.

“I’m getting there,” he said after the game. “It’s still a process. … On a couple calls, in my mind, I played them like I’m used to playing them, where here it’s a little bit different.”

The off week will help him get up to speed, he said.

“I feel like I’ll really be really rolling when we get back,” he said.

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Hello, my name is John Cherwa and welcome back to our horse racing newsletter as we decide to go all marathon on you and do newsletters the next two days.

First off, given that the Breeders’ Cup is at Santa Anita, we are going to have bonus newsletters on Tuesday and Wednesday. Tuesday’s will have the final entries, post positions and odds. On Wednesday, I have no idea what we will have. But, certainly there will be some news to report about.

Now, on to our regularly scheduled Monday feature.

Stewards’ rulings

–Jockey Aaron Gryder is suspended four days (Oct. 26, 27, 31 and Nov. 1) for interference when he rode Fun Coupons in the fourth race on Oct. 18. Two of the three stewards concluded he had an inward drift after the start of the race. Steward Kim Sawyer thought Gryder’s horse squared up and did not enter another horse’s path. Fun Coupons finished second. It was Gryder’s second careless riding violation in the last 60 days. He can ride in designated races, which includes Breeders’ Cup races.

–Pari-mutuel clerk Charles Trigilio had his license suspended after he failed to show for a hearing before the stewards. He was arrested by Arcadia Police for embezzling $90,148 from Santa Anita and on June 19 he pled no contest to the charge of grand theft and was sentenced to 16 months in county jail. He did not appear for his hearing because he was in jail.

–Exercise rider Jorge Loza was fined $50 for galloping on the rail during training on Oct. 20. He accepted responsibility for his error.

–Owner Kenji Morinaga was suspended for failure to appear at a hearing about failure to pay a bill. The CHRB filed a complaint on behalf of Equine Medical Center, which claims that Morinaga, doing business as KM Racing Enterprise Inc., owes the company $18,211.97. As is standard with suspensions, Morinaga is barred from the premises.

–Trainer/exercise rider Leonard Powell was fined $50 for entering the track early during training on Oct. 20. The stewards called Powell’s rationale an “excuse” and “believed his reasons for his poor judgment were not valid enough to issue a warning.”

Jeff Siegel’s Breeders’ Cup previews

Jeff Siegel of XBTV is back with another of his video reports exclusively for the Los Angeles Times. In this one he reviews Elate’s prospects in the Classic and other horses that worked on Sunday. Just click here.

Here’s a report on some of the horses that worked out on Saturday, which included Shancelot and Eddie Haskell. Just click here.

If you missed his first video, a look at some of the horses making their final works on Friday. Just click here.

Santa Anita’s sixth fatality

Santa Anita suffered its sixth equine fatality this meeting when Bye Bye Beautiful broke down in the third race and was euthanized. The 2-year-old filly was trained by Eric Kruljac. For more on the situation just click here.

Santa Anita review

The $75,000 Comma To the Top Stakes, for horses going a mile on the dirt, proved to be exciting down the stretch even though there were only five horses. Midcourt ran a patient race and went four wide in the stretch and got up by a neck over Two Thirty Five.

Midcourt paid $15.60, $6.40 and $2.80. Leading Score finished third.

Here’s what the winning connections had to say.

John Shirreffs (winning trainer): “In the afternoon, he shows up. We think the further he goes, the better he’ll get. When this horse applies himself, he’s a really good horse. We’ll probably run next in the Native Diver at Del Mar [on Nov. 23.]”

Victor Espinoza (winning jockey): “He’s getting so good right now, he’s taking everything on his own and he does things so easily. Horses, when they get into that rhythm, it’s kind of hard to get beat. John Shirreffs has done an amazing job with this horse. He is not very easy to deal with in morning, but John is an expert with those kinds of horses.”

Big races review

A look at graded stakes or races worth $100,000 on Sunday. (Racing at Belmont was canceled after the first race because of heavy rain.)

Zia Park (3): $145,000 New Mexico Classic Cup Distaff Sprint Stakes, NM-bred fillies and mares 3 and up, 6 furlongs. Winner: Waltzing Attila ($3.60)

Zia Park (4): $145,000 New Mexico Classic Cup Oaks, NM-bred fillies 3-years-old, 6 furlongs. Winner: Sofia’s Gift ($9.60)

Zia Park (5): $145,000 New Mexico Classic Cup Derby, NM-bred 3-year-olds, 6 furlongs. Winner: Slewacide Squad ($59.00)

Zia Park (6): $145,000 New Mexico Classic Cup Juvenile Stakes, NM-breds 2-years-old, 6 furlongs. Winner: Attilianno ($18.40)

Zia Park (7): $145,000 New Mexico Classic Cup Lassie Stakes, NM-bred fillies 2-years-old, 6 furlongs. Winner: Count Them Again ($3.20)

Woodbine (8): Grade 3 $125,000 Grey Stakes, 2-year-olds, 1 1/16 miles. Winner: Chapalu ($5.30)

Churchill (9): $120,000 Rags to Riches Stakes, fillies 2-years-old, 1 mile. Winner: Finite ($7.80)

Zia Park (8): $175,000 New Mexico Classic Cup Sprint Stakes, NM-breds 3 and up, 6 furlongs. Winner: Perty Dirty Dude ($15.60)

Click Here: liverpool mens jersey

Churchill (10): $120,000 Street Sense Stakes, 2-year-olds, 1 mile. Winner: South Bend ($4.80)

Zia Park (9): $175,000 New Mexico Classic Cup Pepper Pride Stakes, NM-bred fillies and mares 3 and up, 1 mile. Winner: Hennessy Express ($7.20)

Zia Park (10): $185,000 New Mexico Classic Cup Rocky Gulch Stakes, NM-breds 3 and up, 1 mile. Winner: Hustle Up ($4.60)

Final thought

Always looking to add more subscribers to this newsletter. Can’t beat the price. If you like it, tell someone. If you don’t like it, then you’re probably not reading this. Either way, send to a friend and just have them click here and sign up. Remember, it’s free, and all we need is your email, nothing more.

Any thoughts, you can reach me at [email protected]. You can also feed my ego by following me on Twitter @jcherwa

Now, here’s the stars of the show, Sunday’s results and Monday’s entries. We’ll see you on Tuesday.

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Santa Anita Charts Results for Sunday, October 27.

Copyright 2019 by Equibase Company. Reproduction prohibited. Santa Anita, Santa Anita Park, Arcadia, California. 19th day of a 23-day meet. Clear & Fast

FIRST RACE.

6½ Furlongs. Purse: $22,000. Claiming. Fillies and Mares. 3 year olds and up. Claiming Price $25,000. Time 22.59 46.37 1:12.61 1:19.56

Winner–Incredibly Lucky Ch.f.4 by Lucky Pulpit out of Incredible Upside, by Badge of Silver. Bred by Harry Wilson (CA). Trainer: William Spawr. Owner: Acker, Tom, Allen Racing LLC and Bloom Racing Stables LLC. Mutuel Pool $128,204 Exacta Pool $70,722 Trifecta Pool $53,347. Scratched–none.

INCREDIBLY LUCKY saved ground stalking the pace, came out into the stretch, bid three deep under left handed urging past the eighth pole to gain a short lead in deep stretch and gamely prevailed. VEGAS STRONG BABY prompted the pace three deep then stalked outside a rival, re-bid alongside the pacesetter leaving the turn, put a head in front in upper stretch, fought back between horses in the final furlong and continued willingly. BELLAZANO had good early speed and angled in, dueled inside, inched away on the turn, fought back along the fence leaving the turn and through the stretch and could not quite match the top pair late. APPOLINA dueled between horses then outside a rival, stalked between foes then outside the winner on the turn, came out into the stretch and weakened. FUEGA chased outside the winner then off the rail, angled in some on the turn and had little left for the stretch.

SECOND RACE.

1 1/8 Mile Turf. Purse: $28,000. Maiden Claiming. Fillies and Mares. 3 year olds and up. Claiming Price $50,000. Time 22.62 46.51 1:10.41 1:35.82 1:47.88

Winner–Dulverton Darling B.f.3 by Artie Schiller out of Our Nellie, by Eskendereya. Bred by Stepaside Farm LLC (KY). Trainer: Andrew Lerner. Owner: Alydom Racing, LLC. Mutuel Pool $155,217 Daily Double Pool $39,615 Exacta Pool $64,442 Superfecta Pool $22,961 Trifecta Pool $41,154. Scratched–none.

DULVERTON DARLING chased inside then outside a rival on the backstretch and into the second turn, bid three deep leaving that turn and into the stretch to gain the advantage outside a foe, inched away under left handed urging and held. SUNRISER saved ground off the pace, came out leaving the second turn and three wide into the stretch and finished willingly. PRANCE stalked inside then a bit off the rail, bid between horses into the stretch and bested the others. TINNIE stalked outside a rival then a bit off the rail, bid inside into the second turn to gain the lead on that bend, inched away then fought back inside in midstretch and weakened late. Y NOT SIZZLE saved ground stalking the pace throughout and lacked a rally. HARPER’S GALLOP pulled her way to the early lead and angled in, drifted out a bit into the first turn, set the pace just off the rail, had the saddle slip forward on the backstretch, drifted out into and on the second turn to drop back and was pulled up in the stretch but walked off.

THIRD RACE.

6 Furlongs. Purse: $50,000. Maiden Special Weight. Fillies. 2 year olds. Time 22.21 45.58 57.82 1:10.98

Winner–Auberge B.f.2 by Palace out of Prenuptial Vow, by Broken Vow. Bred by H. Allen Poindexter (IA). Trainer: Bob Baffert. Owner: Speedway Stable LLC. Mutuel Pool $170,124 Daily Double Pool $16,467 Exacta Pool $86,139 Superfecta Pool $37,277 Trifecta Pool $54,704. Scratched–none.

50-Cent Pick Three (1-3-5) paid $9.50. Pick Three Pool $47,363.

AUBERGE had speed three deep then dueled outside a rival, inched away and angled in leaving the turn and drew off in the stretch under a couple left handed cracks of the whip and steady handling. PARKOUR angled in and dueled inside, stalked leaving the turn, came out some into the stretch and held second. COSMIC COWGIRL bobbled at the start, chased off the rail then inside on the turn, came out in upper stretch and was edged for the place. STILL IN LOVE hopped slightly at the start but broke alertly, stalked three deep then outside on the turn, came three wide into the stretch, steadied when crowded in upper stretch and weakened. MAJESTIC GIGI stalked just off the rail then between horses leaving the backstretch and a bit off the fence on the turn and into the stretch and also weakened. BYE BYE BEAUTIFUL had speed to stalk the pace inside, took a bad step and suffered a catastrophic injury to the right front passing the half mile pole, was pulled up and vanned off.

FOURTH RACE.

1 Mile Turf. Purse: $50,000. Maiden Special Weight. 2 year olds. Time 22.97 46.49 1:10.44 1:22.45 1:34.88

Winner–Liar Liar (IRE) B.c.2 by Dream Ahead out of Rubileo (GB), by Galileo (IRE). Bred by Peter Reynolds & Robert Dore (IRE). Trainer: Richard Baltas. Owner: Calvin Nguyen. Mutuel Pool $204,805 Daily Double Pool $29,457 Exacta Pool $96,098 Superfecta Pool $50,808 Trifecta Pool $68,798 X-5 Super High Five Pool $14,595. Scratched–Dean Martini, Hav Plenty, Power Source (IRE), Too Late, Witch’s Vow.

50-Cent Pick Three (3-5-1) paid $13.55. Pick Three Pool $25,134.

LIAR LIAR (IRE) saved ground chasing the pace, came out leaving the second turn and three deep into the stretch, rallied under some left handed urging then steadied off heels a sixteenth out, came out again and got up between foes late. K P ALL SYSTEMS GO pulled between horses then chased a bit off the rail, swung four wide into the stretch and finished well. CHAMPERS angled in and saved ground stalking the pace, advanced three deep on the second turn, bid outside the pacesetter to gain the lead in upper stretch, battled outside that rival in the final furlong and was caught late. GOVERNANCE had speed three deep then kicked away and angled in on the first turn, set the pace inside, fought back along the rail leaving the second turn and in the stretch but could not quite match the top trio late. THE STIFF broke slowly, angled in and settled just off the rail, came three wide into the stretch and found his best stride late. MEDIA BLITZ pulled three deep early, chased outside a rival then between foes into and on the second turn then a bit off the rail into the stretch and lacked the needed rally. BIG HOOF DYNAMITE tugged between horses then angled in and chased inside, went up three deep leaving the backstretch and on the second turn and into the stretch and could not summon the necessary late response. SHOW BUSINESS had speed inside then saved ground stalking the pace, continued along the rail on the second turn and into the stretch and weakened. HANDSOME MICHAEL between horses early, stalked outside a rival to the stretch and weakened in the final furlong.

FIFTH RACE.

6 Furlongs. Purse: $51,000. Allowance Optional Claiming. Fillies and Mares. 3 year olds and up. Claiming Price $40,000. Time 21.85 45.60 58.15 1:11.28

Winner–Creative Instinct Grr.f.3 by Creative Cause out of Teacher Teacher, by Swiss Yodeler. Bred by The Revocable Trust of Dr. Mikel C.Harrington & Patricia O. Harr (CA). Trainer: Peter Miller. Owner: Gary Barber. Mutuel Pool $274,463 Daily Double Pool $23,887 Exacta Pool $151,641 Superfecta Pool $76,917 Trifecta Pool $107,478 X-5 Super High Five Pool $13,974. Scratched–none.

50-Cent Pick Three (5-1-2) paid $59.05. Pick Three Pool $56,661. 50-Cent Pick Four (3-5-1/5/12/13/14-2) 314 tickets with 4 correct paid $303.55. Pick Four Pool $124,694. 50-Cent Pick Five (1-3-5-1/5/12/13/14-2) 340 tickets with 5 correct paid $1,003.05. Pick Five Pool $396,784.

CREATIVE INSTINCT had good early speed and dueled between horses then a bit off the rail, inched away and angled in on the turn, kicked clear under left handed urging in the stretch and held. PERSEPOLIS pressed the pace six wide then stalked off the rail, came out four wide into the stretch, drifted in some but gained the place. MESSAGE prompted the pace inside then stalked along the rail on the turn and into the stretch and bested the others. RATHER NOSY pressed the pace between horses then stalked between rivals on the turn, continued outside a foe into the stretch and weakened in the final furlong. MULHIMA (IRE) forced the pace four wide between rivals, stalked three deep between foes on the turn and into the stretch and also weakened. UNO TROUBLE MAKER pressed the pace five wide then stalked four wide on the turn and into the stretch and also weakened. HERGAME (GB) chased off the rail, came out into the stretch and gave way. TIME FOR EBBY chased outside a rival on the backstretch and turn, swung five wide into the stretch and had little left for the drive.

SIXTH RACE.

1 Mile Turf. Purse: $32,000. Claiming. 3 year olds and up. Claiming Price $32,000. Time 23.87 48.20 1:11.95 1:23.61 1:35.16

Winner–Winning Element Ch.g.5 by City Zip out of It’schemistrybaby, by Meadowlake. Bred by Trackside Farm & Tenlane Farm (KY). Trainer: Doug F. O’Neill. Owner: R3 Racing LLC and Calara Farms. Mutuel Pool $193,847 Daily Double Pool $28,408 Exacta Pool $89,395 Superfecta Pool $33,660 Trifecta Pool $61,418. Scratched–Perfectly Majestic.

50-Cent Pick Three (1-2-7) paid $77.15. Pick Three Pool $35,224.

WINNING ELEMENT three deep early, stalked outside a rival then a bit off the rail leaving the backstretch, bid alongside the runner-up leaving the second turn, battled outside that one under urging through a long drive and narrowly prevailed late. WAR CHEST had speed between horses then inched away and angled in, set the pace inside, fought back along the rail leaving the second turn and through the stretch and continued gamely to the wire. FOREVER JUANITO saved ground stalking the pace, came off the rail for room in midstretch and again in deep stretch and held third. ARCH ANTHEM stalked the pace inside throughout and was outfinished. FULL OF LUCK (CHI) close up stalking the pace between horses then outside a rival on the second turn, came out into the stretch and lacked the needed rally. TEQUILA JOE stalked the pace three deep then outside a rival leaving the second turn and into the stretch, came out some in the drive and could not summon the necessary late kick.

SEVENTH RACE.

1 Mile. Purse: $75,000. ‘Comma to the Top Stakes’. 3 year olds and up. Time 23.14 46.46 1:11.28 1:23.97 1:36.89

Winner–Midcourt Dbb.g.4 by Midnight Lute out of Mayo On the Side, by French Deputy. Bred by Dixiana Farms LLC (KY). Trainer: John A. Shirreffs. Owner: C R K Stable LLC. Mutuel Pool $249,761 Daily Double Pool $27,272 Exacta Pool $104,045 Trifecta Pool $74,465. Scratched–none.

50-Cent Pick Three (2-7-2) paid $160.00. Pick Three Pool $33,813.

MIDCOURT settled a bit off the rail then outside a rival, continued just off the inside leaving the backstretch, came out leaving the second turn and four wide into the stretch, bid three deep in midstretch then outside the runner-up under urging and gamely prevailed late. TWO THIRTY FIVE stalked off the rail, bid three deep into the stretch to gain a short lead, battled between horses in midstretch then inside the winner to the wire. LEADING SCORE sped between horses to the early lead, inched away leaving the first turn and again midway on the second turn, fought back along the rail in midstretch and weakened some late but bested the others. GROUND ATTACK chased a bit off the rail then inside, came out into the stretch and lacked the needed rally. OLIVER came off the rail and bid between horses on the first turn then stalked a bit off the rail, bid again outside the pacesetter a half mile out, bid again alongside that one leaving the second turn and into the stretch and weakened in the final furlong.

EIGHTH RACE.

5½ Furlongs Turf. Purse: $51,000. Allowance Optional Claiming. Fillies. 3 year olds. Claiming Price $80,000. Time 21.35 43.97 55.83 1:01.94

Winner–Flower Point B.f.3 by Point of Entry out of Fab Flowers, by Lewis Michael. Bred by Steve Feiger (KY). Trainer: John W. Sadler. Owner: FF Inventment. Mutuel Pool $426,055 Daily Double Pool $120,127 Exacta Pool $239,944 Superfecta Pool $122,552 Super High Five Pool $43,923 Trifecta Pool $169,314. Claimed–Stealthediamonds by Driver, James L. and Driver, Ywachetta H. Trainer: Mike Puype. Scratched–Edna, Pacifica (FR), Shanghai Truffles.

50-Cent Pick Three (7-2-9) paid $73.10. Pick Three Pool $162,561. 50-Cent Pick Four (2-1/7-2-9) 314 tickets with 4 correct paid $1,143.40. Pick Four Pool $470,111. 50-Cent Pick Five (1/5/12/13/14-2-1/7-2-9) 30 tickets with 5 correct paid $6,813.50. Pick Five Pool $267,827. 20-Cent Pick Six Jackpot (5-1/5/12/13/14-2-1/7-2-9) 18 tickets with 6 correct paid $5,684.86. Pick Six Jackpot Pool $191,549. Pick Six Jackpot Carryover $395,207.

FLOWER POINT a step slow into stride, settled off the rail then angled in on the backstretch, came out leaving the turn and three deep into the stretch, rallied under left handed urging to get up outside foes nearing the wire. MISS HOT LEGS hopped slightly at the start, saved ground stalking the pace, came out into the stretch, rallied to put a head in front between horses in late stretch but could not hold off the winner. STEALTHEDIAMONDS broke in then bobbled some in the opening strides, dueled three deep then outside a rival on the turn, inched away under urging nearing midstretch, drifted in late and just held third. ANONYMOUSLY stalked off the rail then outside a rival on the turn, came three wide into the stretch and was edged for the show. DEVILS DANCE was in a good position stalking the pace three deep then outside a rival on the turn, came three wide into the stretch, drifted in and lacked the needed late kick. QUEEN OF THE TRACK bumped at the start, had good early speed and dueled inside, fought back on the turn and into the stretch and weakened some in the final furlong. ANDYOUSHALLRECEIVE bumped and squeezed a bit at the start, saved ground chasing the pace, came out in midstretch and lacked the needed rally. REFLECT bobbled some at the start, chased between horses then inside on the turn and into the stretch and did not rally. FACTOR OF TWO bobbled and bumped a rival at the start, went up between horses to duel for the lead, steadied in a bit tight nearing midway on the turn, dropped back between foes on the bend and had little left for the drive.