AOC-backed candidate Tiffany Cabán concedes defeat in Queens DA race

Queens district attorney candidate Tiffany Cabán conceded defeat Tuesday night — six weeks after the Democratic primary election that pitted her against the establishment-backed Queens Borough President Melinda Katz.
“We terrified the Democratic establishment,” Cabán told her supporters at a party in Astoria.
“We showed [that] you can run on a boldly decarceral platform,” she added referring to her criminal justice reforms. “You don’t have to play by the old rules.”

In this June 26 file photo, Democratic primary candidate for Queens district attorney Tiffany Cabán responds to questions during an interview in the Queens borough of New York. Cabán told supporters Tuesday, Aug. 6 that she is calling it quits in her race for Queens district attorney that gained national attention. 

In a back-and-forth race that saw both candidates declare victory, the insurgent lawyer fought to the very end challenging dozens of invalidated affidavit ballots in court that she said were improperly excluded.
But after several attempts to claw back — including at a judicial hearing earlier Tuesday — she bowed out after it became clear she’d be unable to erase the 60-vote gap separating her and Katz.
“There’s still so, so much work to be done here in Queens — and you better believe I’m going to keep fighting,” Cabán said.
The Rep. Alexandria Ocasio-Cortez-backed candidate shocked the city on June 25 when she appeared to beat Katz, a veteran Queens politician, by 1,100 votes on primary night. But the tables flipped when the Board of Elections tallied the absentee ballots and many of the provisionally cast ballots, giving Katz the lead.
Last Monday, the Board of Elections declared Katz the victor. The certified results showed Katz winning 34,920 votes, a razor-thin edge over Cabán’s 34,860. Katz now becomes the heavy favorite to win the job in the November general election in the increasingly left-leaning borough.

Hemingway: New York Times' Trump headline change 'scary' instance of bullying by online 'mob'

Blowback against the New York Times over a headline about President Trump's response to recent mass shootings is a frightening precedent, according to Mollie Hemingway.
The fact several media and political figures were able to convince the paper to change its headline after the first edition exposes the collective outrage as a "mob," Hemingway claimed Tuesday on "Special Report."
"Clearly, the first headline was more factual and less opinion-y than the second headline -- which was not a very well constructed headline," the Federalist senior editor said.
A headline about Trump’s remarks on the recent mass shootings in El Paso and Dayton drew condemnation online -- including from some Democratic presidential candidates -- and was subsequently changed late Monday. The newspaper summarized Trump’s comments, in which he denounced hate and white supremacy, with the headline “Trump Urges Unity vs. Racism” on the front page of its first edition.
In response, several Democrats blasted the newspaper.
Rep. Alexandria Ocasio-Cortez, D-N.Y., called the headline a: "reminder of how white supremacy is aided by -- and often relies upon -- the cowardice of mainstream institutions."
Democratic presidential hopeful former Rep. Beto O'Rourke, D-Texas, called it, "unbelievable," and fellow contender Sen. Cory Booker, D-N.J., demanded the Times "do better."
"Lives literally depend on you doing better. Please do," the former Newark, N.J. mayor tweeted.
The paper's home-state Senator Kirsten Gillibrand, who is also running for the 2020 Democratic nomination, claimed the headline was inaccurate: "that's not what happened."
On "Special Report," Hemingway appeared to disagree.
"You hear a lot of people asserting things about Donald Trump without actually showing their work or showing evidence in support of it," she said.
"The New York Times was bullied and pressured by an online mob -- consisting of a lot of journalists -- to take that factual headline and change it to something else to fit a narrative that has been promoted by a lot of people.
"It can be kind of scary to watch media companies or corporations like the New York Times fall prey to these kinds of online mobs."
After the backlash, the Manhattan-based paper changed the top story's headline to, "Assailing hate but not guns."
Fox News' Gerren Keith Gaynor contributed to this report.

Trump trashes Beto O'Rourke, tells him to 'be quiet' ahead of El Paso visit

President Trump issued a fiery tweet late Tuesday for 2020 presidential candidate Beto O'Rourke ahead of his visit to the Democrat's hometown of El Paso, Texas, following last weekend's shooting that left 22 dead.
Over the past several days, O'Rourke has slammed the president, who he has placed blame for the massacre. The former congressman declared that Trump is a "racist" and compared his language to Nazi Germany's Third Reich. He also compared Trump's North Carolina rally-- where the "send her back" chant took place-- to "Nuremberg."
"That is a leader reveling in the hatred and the racism of the people that he purports to serve and to lead," O'Rourke said Monday.
Trump responded to O'Rourke and claimed the candidate is using a "phony name" in an attempt to appeal to voters.
"Beto (phony name to indicate Hispanic heritage) O’Rourke, who is embarrassed by my last visit to the Great State of Texas, where I trounced him, and is now even more embarrassed by polling at 1 percent in the Democrat Primary, should respect the victims & law enforcement - & be quiet!" Trump wrote in a late-night tweet.
O'Rourke responded to Trump's tweet and double-downed on his claim that Trump is responsible.
"22 people in my hometown are dead after an act of terror inspired by your racism," he tweeted. "El Paso will not be quiet and neither will I."
The president referred to the rally he held in El Paso back in February amid the national debate about the migration crisis and had previously boasted his crowd size in comparison to O'Rourke, who held a competing rally on the same night.
O'Rourke responded to Trump's attack.
"22 people in my hometown are dead after an act of terror inspired by your racism. El Paso will not be quiet and neither will I," O'Rourke told the president.

China Trade Cartoons

China vows response if US deploys missiles in region, arms race feared

A top Chinese military official on Tuesday said Beijing would “not stand idly by” if the U.S. goes forward with deploying intermediate-range missiles in the Indo-Pacific region, raising new fears an arms race.
Last weekend, Mark Esper, the U.S. defense secretary, said that he “would like to” place these missiles in Asia, while in Sydney. Australia's defense minister has said that country will not be a base for the missiles.
It was not clear when these missiles would be put into place, but one senior official from the U.S. told Reuters that it would be years away.
Esper made the comments after the U.S. withdrew from an arms control treaty with Russia from the Cold War-era. A senior U.S. official said Russia was in “material breach of the treaty” and made no effort to “come back into compliance.” The 1987 Intermediate-Range Nuclear Forces treaty was signed by President Ronald Reagan and Soviet leader Mikhail Gorbachev.
Moscow accused the U.S. of breaching the treaty and asked for evidence that it was in violation.
Fu Cong, the chief arms control official in China, also Tuesday warned neighboring countries not to allow the U.S. to deploy such weapons on their territory.
Fu said China had no intention of entering a trilateral arms control deal with the U S. and Russia but would remain engaged in disarmament discussions.
The Pentagon has reportedly taken notice of the importance of its missile arsenal.
Defense One reported that the Pentagon is increasing its “stealthy long-range cruise missile” stockpile. Lockheed Martin is reportedly building an entirely new facility in Alabama to accommodate the demand for the Joint Air-to-Surface Standoff Missile, which were used in Syria and fired from a B-1 bomber.
The Associated Press contributed  to this report

California sued over law blocking Trump from ballot unless he releases tax returns

Four voters in California, along with the conservative transparency group Judicial Watch, announced Monday they have filed a federal lawsuit against the left-wing state, alleging its new law aimed at strong-arming President Trump into releasing his income tax returns is patently unconstitutional.
Democratic Gov. Gavin Newsom signed the law known as the "Presidential Tax Transparency and Accountability Act" last week. Its provisions would require Trump and other presidential primary candidates to file their tax returns for the most recent five years to the California secretary of state by November 26 or be excluded from the March 3, 2020 presidential primary ballot.
The law does not apply to the general election, so Trump would still appear on the November 2020 California presidential ballot if he secured the national Republican Party nomination.
"Within five days of receipt of the candidate’s tax returns, the Secretary of State shall make redacted versions of the tax returns available to the public on the Secretary of State’s internet website," the law states.
The measure sailed through the state's Democratic-led legislature. Former California Gov. Jerry Brown had vetoed a similar version of the law last year, noting that it "may not be constitutional" and sets a "slippery slope precedent" that could lead the state to demand all kinds of documents from candidates.
"Today we require tax returns, but what would be next?" Brown asked. "Five years of health records? A certified birth certificate? High school report cards? And will these requirements vary depending on which political party is in power."
But Newsom, a frequent Trump critic who declared in June that the GOP is "finished" and will devolve into a third party, disregarded those concerns.
The Constitution requires only three things of presidents: They have to be a natural-born U.S. citizen; must be at least 35 and must have lived in the country for at least 14 years. (Although the precise legal meaning of the term "natural-born U.S. citizen" is debated, it generally is taken to apply when someone is either born in the U.S. or born abroad to a U.S. citizen.)

California Gov. Gavin Newsom during a news conference in Sacramento, Calif. Newsom signed a law Tuesday, July 30, requiring presidential candidates to release their tax returns to appear on the state's primary ballot, a move aimed squarely at Republican President Donald Trump. (AP Photo/Rich Pedroncelli)

The four plaintiffs are two Republicans, one Democrat and one independent.
In their federal complaint, the plaintiffs call the law an unprecedented attempt by a state to add additional qualifications for the presidency.
"No state or federal law has ever mandated that presidential candidates disclose their tax returns to qualify or appear on a ballot," the complaint says. "The voluntary release of presidential candidates’ tax returns is a recent, and partial, phenomenon, notwithstanding a current media narrative suggesting otherwise."
In a statement, Judicial Watch President Tom Fitton said: "This is a nonpartisan concern about the state running roughshod and attempting to amend the Constitution on its own."
“California politicians, in their zeal to attack President Trump, passed a law that also unconstitutionally victimizes California voters," Fitton added. "It is an obvious legal issue that a state can’t amend the U.S. Constitution by adding qualifications in order to run for president. The courts can’t stop this abusive law fast enough.”
Attorneys for Judicial Watch argue California's law effectively alters the Constitution by adding a new requirement for tax returns, something they say state governments don't have the authority to do.
California's law says voters need to know details about presidential candidates' finances to "better estimate the risks of any given Presidential candidate engaging in corruption."
But Judicial Watch argues that rationale could lead states to demand things like medical and mental health records and eventually things like Amazon purchases, Google search histories and Facebook friends. Conservatives, who recognize that Trump stands no chance of winning California's electoral votes regardless of the outcome of this dispute, have similarly sounded the alarm about where these restrictions might go in the future.
Judicial Watch also argues that by limiting the law to primary elections, it does not apply to independent candidates. Judicial Watch also says the law violates voters' constitutional rights to associate with presidential candidates and the voters who support them, rights it says are guaranteed under the First and 14th amendments.
The lawsuit names Secretary of State Alex Padilla as the defendant because his office is in charge of enforcing the law. Representatives for Padilla and Newsom declined to comment on Monday, saying they have not been officially notified of the lawsuit.
When he signed the law last week, Newsom released statements from three lawyers, including the dean of the University of California, Berkeley law school, saying the law is constitutional.
"SB 27, which requires that presidential candidates disclose tax returns, is constitutional. It does not keep any candidate from being on the ballot so long as he or she complies with a simple requirement that is meant to provide California voters crucial information," Berkeley dean Erwin Chemerinsky said. "This is the state acting to make sure that its voters have information that might be very important to them when they cast their ballots as to who they want to be President of the United States."
Newsom contends Congress has changed aspects of the presidency previously, including limiting presidents to two terms after President Franklin Roosevelt was elected to four terms, and passing anti-nepotism laws after President John F. Kennedy appointed his brother, Robert, U.S. attorney general.

President Trump has said he will not release his tax returns as long as they are under audit. (AP Photo/Evan Vucci, File)

"If the federal government is not going to act, California needs to act. We've always done that," Newsom said in a video posted to his Twitter account.
Citizens have had to pay federal income taxes since 1913, but it wasn't until 1973 when a U.S. president made his personal tax returns public. Republican Richard Nixon released his tax returns publicly while he was being audited by the IRS, after an IRS employee leaked a portion of his returns to the media.
Ever since, U.S. presidents have released at least a summary of their personal income taxes. That includes most major candidates for president, with some exceptions. Former California Democratic Gov. Jerry Brown did not release his tax returns when he ran for president in 1992.
In their lawsuit against California, the plaintiffs noted that  "one study found that 7 of 34 'major' candidates for president since 1976, or about 20 percent, refused to produce their tax returns."
The complaint specifically alleges violations of the Qualifications Clause of the Constitution, as well as the plaintiff's First Amendment rights to express their political preferences. Additionally, because the law only applies to party-affiliated candidates (non-party candidates do not participate in primaries), the suit also alleges a violation of the Constitution's Equal Protection Clause and a federal equal protection statute.
Trump has refused to release his tax returns, saying they are being audited by the IRS.
Fox News' Louis Casiano and The Associated Press contributed to this report.

Trump to visit El Paso mass shooting site, in spite of Dems' warning to stay away

El Paso, Texas, Mayor Dee Margo told reporters on Monday that President Trump will visit the city on Wednesday, even as several prominent Democrats indirectly blamed the president for Saturday's mass shooting there -- with some warning him, in frank terms, to stay away.
News of Trump's planned appearance teed up a potentially bitter national political moment just four days after suspected gunman Patrick Crusius, 21, allegedly opened fire at a Walmart and killed 22 people while injuring more than two dozen others.
"He is president of the United States," Margo, a Republican, told reporters. "So in that capacity, I will fulfill my obligations as mayor of El Paso, and hope that if we are expressing specifics that we can get him to come through for us."
The mayor said he anticipated "political spin" and was “already getting the emails and the phone calls” from individuals "with lots of time on their hands," but that his focus remains on his community, not politics. He added that Trump had called and was "very gracious" and offered any support necessary.
“We’re dealing with a tragedy of 22 people who have perished by the hateful, evil act of a white supremacist,” Margo said. “I don’t know how we deal with evil. I don’t have a textbook for dealing with it other than the Bible.
"I’m sorry. We are going to go through this," he continued. "The president is coming out. I will meet with the president. I guess for people who have lots of time on their hands, I will deal with the emails and phone calls.”
The White House has not confirmed Trump's schedule, or whether he will also visit Dayton, Ohio -- where a gunman who reportedly supported the violent left-wing group Antifa, as well as Bernie Sanders and Elizabeth Warren, killed nine people over the weekend. But the Federal Aviation Administration has advised pilots of a presidential visit Wednesday to both El Paso and Dayton.
Dayton Mayor Nan Whaley, a Democrat, told reporters that she had "not gotten a call" about a presidential visit as of late Monday, and didn't have more details.
But both before and after Margo's announcement, several Democrats forcefully urged Trump not to visit El Paso. Rep. Veronica Escobar, D-Texas, who represents the district that is home to the Walmart where Saturday’s shooting took place, lashed out at the president on Monday morning -- placing some of the blame for the weekend’s tragedy at his feet.
“The president has made my community and my people the enemy,” she told MSNBC’s “Morning Joe.”

Greg Zanis prepares crosses to place at a makeshift memorial for victims of a mass shooting at a shopping complex Monday in El Paso, Texas. (AP Photo/John Locher)

“He has told the country that we are people to be feared, people to be hated," Escobar continued. "From my perspective, he is not welcome here. He should not come here while we are in mourning.”
And Democratic presidential candidate Tim Ryan, D-Ohio, urged Margo in a televised interview to "quietly" tell Trump that he is not "welcome" in the city, because of his rhetoric on immigration.
Ryan has escalated his language in the last 24 hours, as he struggles to raise his political profile. He tweeted “Fck me” after Trump mistakenly, at one point in his televised remarks earlier in the day, said the Ohio shooting took place in Toledo and not Dayton.
For Ryan, the language appeared to be part of a deliberate approach: Earlier Monday, the longshot candidate went on CNN and tore into Senate Majority Leader Mitch McConnell, saying, "Mitch McConnell needs to get off his a-- and do something.” On Sunday, he tweeted: “Republicans need to get their s--- together and stop pandering to the NRA. Period.”
Sanders also called out the president, saying "I say to President Trump, please stop the racist anti-immigrant rhetoric. Stop the hatred in this country which is creating the kind of violence that we see."
In 2017, a far-left Sanders supporter fired upon a Republican congressional baseball practice, critically wounding House Majority Whip Steve Scalise, R-La., and injuring three others before U.S. Capitol Police took him down. Kentucky Sen. Rand Paul said the gunman was screaming, "This is for healthcare." Sanders did not take responsibility for that episode.
Trump, for his part, on Monday called for reforms at the intersection of mental health and gun laws -- including so-called "red flag laws" to take guns from those deemed a public risk -- in the wake of the back-to-back mass shootings over the weekend, which left at least 31 people dead in total.
The Trump administration previously enacted an unprecedented ban on firearm bump stocks that enable weapons to fire with greater rapidity, like machine guns -- and the ban was recently upheld by the Supreme Court. The move came after a 2017 massacre in Las Vegas, Nevada killed 58 people.
In unequivocal terms, the president on Monday also condemned white supremacy, responding to reports that the shooter in El Paso wrote a racist manifesto ahead of the violence. The manifesto specifically said that Trump's rhetoric was not to blame for the shooting, and said the shooter's views "predate" Trump's presidential campaign.
However, some observers cautioned that mass shooters are increasingly using disingenuous manifestos primarily as a means to cause division and sow political discord, rather than to advance a particular agenda. Crusius became the third mass shooter this year believed to have posted to the website 8Chan, which is a haven for both ironic trolls and racists, prior to going on a shooting rampage.
"The first mistake people are making is to assume the creep meant anything he said in his manifesto," wrote columnist Brian Cates. "Something new has been added into the mix in the last year and we have to recognize it: Mass shootings done for **fun** as the ultimate troll where these [shooters] write confusing manifestos and then sit back & watch the fun as both sides claim he belongs to the other."
Cates pointed out that the Christchurch, New Zealand mass shooter's manifesto contained a mixture of left-wing and right-wing rhetoric, and by its own explicit terms, was intended to cause international political division. The purported El Paso manifesto, like the New Zealand shooter's manifesto, also espoused eco-fascist principles and lamented the destruction of the environment.
Meanwhile, former Vice President Joe Biden falsely suggested after Trump's remarks that Monday was the first time the president had condemned white supremacy.
Later, McConnell – a Republican who has been lambasted by Democrats for refusing to allow votes on gun control legislation – said Monday he is willing to consider “bipartisan” solutions in the wake of the mass shootings, though he emphasized that he opposes gun control policies that infringe “on Americans’ constitutional rights.”
Democrats have been demanding McConnell recall Congress from its current recess, which is slated to run to the second week of September, to address the matter.
The political fight over Trump's visit came amid a series of rapid-fire developments in the investigations in both El Paso and Dayton. Crusius was booked on capital murder charges, and authorities said Sunday that he is under investigation for alleged domestic terrorism. Officials were also looking into whether hate crime charges are appropriate.

Maylin Reyes hangs a Mexican flag at a makeshift memorial near the scene of a mass shooting at a shopping complex Monday, Aug. 5, 2019, in El Paso, Texas. (AP Photo/John Locher)

El Paso District Attorney Jaime Esparza said his office will seek the death penalty against the suspect.
"The loss of life is so great, we certainly have never seen this in our community. We are a very safe community," he told reporters at a news conference on Sunday. "We pride ourselves on the fact that we're so safe, and certainly this community is rocked, shocked and saddened by what has happened here yesterday."
El Paso Police Chief Greg Allen said Monday that the gunman got lost in a neighborhood before ending up at Walmart "because, we understand, he was hungry." Allen didn't elaborate. Crusius' hometown is the affluent Dallas suburb of Allen.
The police chief said the gun used in the shooting was legally purchased near the suspect's hometown.
In his application for a public defender on Monday, Crusius said he has been unemployed for five months, and has no income, assets or expenses. He claimed he has been living with his grandparents.
In Ohio, authorities revealed that the gunman in the Dayton rampage, 24-year-old Connor Betts, opened fire outside a bar around 1 a.m. Sunday, killing his adult sister and eight others. Police say he was fatally shot by officers within 30 seconds, and was wearing a mask, bulletproof vest, earplugs and had at least 100 rounds.
Authorities provided a dramatic video of officers rushing onto the scene and taking Betts out before he could enter another packed bar.
Police had not determined a motive for the attack as of Monday evening. Reports linked him to Antifa, and showed that he supported Massachusetts Democratic Sen. Elizabeth Warren.
Betts was armed with an AR-15-style rifle, police said. If all of the magazines he had with him were full, which hasn't been confirmed, he would have had a maximum of 250 rounds, said Police Chief Richard Biehl.
"It is fundamentally problematic. To have that level of weaponry in a civilian environment is problematic," Biehl added.
Of the more than 30 people injured in Ohio, at least 14 had gunshot wounds; others were hurt as people fled, city officials said. Eleven remained hospitalized Monday, Fire Chief Jeffrey Payne said.
Still unknown is whether Betts targeted any of the victims, including his 22-year-old sister, Megan, the youngest of the dead.
"It seems to just defy believability he would shoot his own sister, but it's also hard to believe that he didn't recognize it was his sister, so we just don't know," Biehl said.
While the gunman was white and six of the nine killed were black, police said the speed of the rampage made any discrimination in the shooting seem unlikely.
Fox News' Liam Quinn, Brooke Singman, and The Associated Press contributed to this report.

New York City businesses struggle after minimum wage increase

More than six months after the $15 minimum wage went into effect in New York City, business leaders and owners say the increased labor costs have forced them to cut staff, eliminate work shifts and raise prices.
Many business owners said these changes were unintended consequences of the new minimum wage, which took effect at the beginning of the year.
Susannah Koteen, owner of Lido Restaurant in Harlem, said she worries about the impact raising wages could have on her restaurant, where she employs nearly 40 people. She hasn’t had to lay off anyone, but the increase has forced her to cut back on shifts and be more stringent about overtime. She said she changes her menu offerings seasonally and raises prices more often since the wage boost.
“What it really forces you to do is make sure that nobody works more than 40 hours,” Ms. Koteen said. “You can only cut back so many people before the service starts to suffer.”
Ms. Koteen said she shelved plans to move her restaurant to a larger location. That would require her to hire more staff, and she isn’t willing to take the risk with the unpredictability of her business. “You would just have no choice but to cut people at the bottom,” she said.
In June, the city’s unemployment rate was 4.3%, compared with the state’s unemployment rate of 4%, according to the New York State Department of Labor. Both numbers have remained relatively steady during the past year.
New York City’s minimum wage has increased three times for employers with at least 11 employees in the past three years. At the end of 2016, the hourly rate rose to $11 from $9 an hour. In 2018, the minimum wage jumped to $13 from $11 an hour. The rate will increase to $15 an hour for employers with 10 or fewer workers at the end of 2019.
The current federally mandated minimum wage is $7.25 an hour. Other states have passed $15-minimum-wage legislation, including Massachusetts, California, Maryland, Illinois, New Jersey and Connecticut.
Anthony Advincula, spokesman for Restaurant Opportunities Centers United, which advocated for the $15 minimum wage, said there are other factors beyond higher wages that result in unsuccessful businesses, and owners shouldn’t blame the boost for their struggles.
“Increasing to $15 would reduce income inequality, and the number of individuals living in poverty now is ridiculously high,” he said. “This is not just a business issue, this is a race, gender, pay-equality issue.”
Sarah McNally, owner of McNally Jackson Books, employs 75 people at four shops in Manhattan and Brooklyn. Ms. McNally said she hasn’t cut hours or reduced the number of people she employs to mitigate the increase, but she is working to open two more shops and scale her workload to stay profitable.
While Ms. McNally said she always has paid her employees at least $5 above minimum wage, January’s increase tightened that gap. “With raising minimum wage to living wage, it feels now like we’re at the bottom of the pay spectrum,” she said. “There’s absolutely no benefit to being a retail business in New York.”
Thomas Grech, president of the Queens Chamber of Commerce, said he has seen an uptick in small-business closures during the past six to nine months, and he attributed it to the minimum-wage legislation.
“They’re cutting their staff. They’re cutting their hours. They’re shutting down,” he said. “It’s not just the rent.”
Lisa Sorin, president of the Bronx Chamber of Commerce, said Manhattan businesses and their customers can afford to pay more to compensate for the wage increase, while those in the surrounding boroughs probably couldn’t. “It’s almost like a whirlwind of keep up or get out,” Ms. Sorin said.
Restaurants and establishments with customer bases with less disposable income are challenged, but all are experiencing changes in customer habits regardless of borough, said Andrew Rigie, executive director of the New York City Hospitality Alliance.
To mitigate the challenges restaurants face, Mr. Rigie said, local and state government should consider providing tax incentives to owners and preserve the tip credit, which allows restaurants to count some or all of an employee’s tips toward its minimum-wage obligations.
“Many people working in the restaurant industry wanted to work overtime hours, but due to the increase, many restaurants have cut back or totally eliminated any overtime work,” he said. “There’s only so much consumers are willing to pay for a burger or a bowl of pasta.”