Judge denies RFK Jr.’s request for restraining order against Google in censorship suit

A federal judge on Wednesday denied a request from Robert F. Kennedy Jr. to temporarily restrain Google from removing two videos of the presidential candidate as he seeks to sue the company for censorship.

U.S. District Judge Trina Thompson, an appointee of President Joe Biden, wrote that Kennedy’s claim that the company violated his First Amendment rights is unlikely to succeed because Google is a private entity. Thompson also wrote that a restraining order was not necessary because he would not be irreparably harmed if the order was not granted.

“Plaintiff has not shown circumstances warranting the extraordinary remedy of a temporary restraining order,” Thompson said in her 11-page decision, issued following a hearing on Monday. “The Court finds that the First Amendment claim is unlikely to succeed on the merits because Google and YouTube are not state actors.”

In his suit, Kennedy claimed Google has engaged in censorship under the coercion of federal government officials. YouTube, which is owned by Google, had removed videos of Kennedy making what the company said were medical misinformation claims. The firm contends that the content violated YouTube’s policy against discussing the Covid-19 vaccines.

While it wasn’t essential to Thompson’s ruling, she also suggested that if the popular video-hosting site were somehow subject to the First Amendment, Kennedy might still have no case because inaccurate information about medical issues lacks free speech protections.

“The coronavirus still poses a health risk to certain individuals, and it would not serve the public interest to let medical misinformation proliferate on YouTube,” the judge wrote, arguing that there is a “public interest of preventing the spread of illness and medical misinformation.”

Kennedy, who is running a long-shot campaign to usurp Biden as the Democratic presidential nominee next year, has broken into media headlines by going against mainstream liberal viewpoints on Covid-19 policies and vaccines. He has been adamant that big technology companies have gone too far in their role moderating content, leaning into the conservative viewpoint that removal of content deemed misinformation equates to censorship.

He testified before Rep. Jim Jordan’s (R-Ohio) subcommittee examining the weaponization of the federal government in July as part of a monthslong investigation Jordan has been conducting into the alleged collusion between the White House and tech companies to censor individuals online.

For years, major social media platforms have kept open an avenue that allows government officials to submit requests for content moderation. That pathway is currently under legal dispute. A U.S. District Court judge in early July constrained several federal agencies and officials from contacting any social media companies to remove any constitutionally protected free speech, but an appeals court later blocked that order temporarily while it is under dispute.

The Kennedy campaign did not immediately respond to a request for comment.

In its original response to his lawsuit, Google called Kennedy’s censorship lawsuit against the company viewpoints “meritless,” pushing back against the claim that it maliciously removed content that featured his viewpoints on Covid-19 and other medical matters.

“YouTube applies its Community Guidelines independently, transparently, and consistently, regardless of political viewpoint,” Google spokesperson José Castañeda previously told POLITICO. “These claims are meritless and we look forward to refuting them.”

The litigation is expected to continue, with the judge setting the next hearing in the case for Nov. 7.

Josh Gerstein and Rebecca Kern contributed to this report.

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DeSantis-backed board will pay $6.5 million in legal fees as it battles Disney

MIAMI — The state board that controls the land housing Walt Disney World expects to more than triple what it spends in legal fees next year following a high-profile battle between the entertainment giant and Gov. Ron DeSantis.

New figures released Wednesday find the Central Florida Tourism Oversight District anticipates it’ll spend $4.5 million in legal fees in 2024, after already incurring $1.9 million in costs this year. The figures were presented as part of the district’s larger budget proposal led by Glen Gilzean, the district administrator.

The costs come as a result of dueling lawsuits between Walt Disney World and the board, whose members were hand-picked by DeSantis. The governor put new leaders in charge after the Walt Disney Co. publicly opposed a bill he signed into law limiting when and how educators can teach LGBTQ topics in public schools.

Disney sued in federal court in April, alleging retaliation against its right to speech, and the board filed a dueling lawsuit in state court.

Before the feud, the district spent roughly $1.25 million on legal fees, Gilzean said, calling the spending increase “regrettable” and “Disney-induced expenses.” Part of the increase in spending also comes as a result of board members seeking legal advice when they consider new governance policies, he said.

Gilzean also laid out $16 million in planned cuts as part of his presentation, largely achieved through cutting the millage rate, or tax rate, that’ll affect how much people and businesses pay in property taxes in the district. Due to higher property values, the move won’t necessarily reduce what area homeowners and businesses pay in property taxes but will keep the payments from going up next year as much as they otherwise would.

One of the more contentious budget items set to be excised was $2.5 million in Disney World perks for roughly 400 district employees, a tab the district picked up for decades. One firefighter who spoke during the public comment period in the meeting broke down in tears over the change, saying he otherwise couldn’t afford to take his family to the parks.

Jon Shirey, president of the firefighters union, said in an interview that attorneys representing the union and board were meeting to see whether the arrangement could be preserved, but acknowledged that the deal might be overridden by state law saying private companies can’t give gifts to government workers.

The board has proposed abolishing the arrangement in favor of a $1,000 stipend, after taxes, so that district employees could use the money to attend any restaurant or hotel, not just those affiliated with Disney, board chair Martin Garcia said during Wednesday's meeting.

But the stipend won’t offer the same level of benefits employees previously enjoyed, particularly for those who want to take their families to the park.

“Is that the right number? We don't know,” Garcia said. “If it needs to be higher we’ll do it.”

Walt Disney World representatives did not respond to a request for comment.

The Central Florida Tourism Oversight District plans to increase spending in other areas, including allocating $1 million toward a new 9/11 structure that will include a new internet network, and $2.7 million to replace a guardrail in the district. It hired new public affairs officers and added staff in the public records office after getting a surge in documents requests.

The total increase in spending, when also factoring the legal fees, will be nearly $12.4 million, though that’s offset by the savings in other areas, Gilzean estimated. Total anticipated expenditures for 2024 are $192 million, the presentation showed.

The budget proposal won’t be final until the end of September and could still change following input from outside groups and residents. Board member Brian Aungst encouraged district residents and employees to weigh in over email.

“What I would like to see is open dialogue,” he said.

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Senator Ted Cruz slams US agency for ‘collusion’ with EU on Big Tech rules

The conservative Texas lawmaker criticizes FTC chief Lina Khan in a letter for “active” involvement in the bloc’s rulebooks.

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California mountain and desert towns dig out of the mud

CATHEDRAL CITY, Calif. — Crews in mountain and desert towns worked to clear away mud and debris Tuesday in the aftermath of the first tropical storm to hit Southern California in 84 years.

The system was dissipating as it moved over the Rocky Mountains.

Hilary dumped record rainfall over California’s deserts, including in the stark Death Valley that experienced its single-rainiest day on record Sunday.

As Hilary moved northeast into the neighboring state of Nevada, flooding was reported, power was out and a boil-water order was issued for about 400 households in the Mount Charleston area, where the only road in and out was washed out. The area is about 40 miles west of Las Vegas.

Hilary first slammed into Mexico’s arid Baja California Peninsula as a hurricane, causing one death and widespread flooding before becoming a tropical storm. So far, no deaths, serious injuries or extreme damages have been reported in California, though officials warned that risks remain, especially in the mountainous regions where the wet hillsides could unleash mudslides.

In one dramatic scene, rescue officials in the desert community of Cathedral City, near Palm Springs, drove a bulldozer through mud to a swamped care home and rescued 14 residents by scooping them up and carrying them to safety, Fire Chief Michael Contreras said.

“We were able to put the patients into the scoop. It’s not something that I’ve ever done in my 34 years as a firefighter, but disasters like this really cause us to have to look at those means of rescue that aren’t in the book and that we don’t do everyday,” he said at a news conference.

It was one of 46 rescues the city performed between late Sunday night and the next afternoon from mud and water standing up to 5 feet.

Hilary is the latest potentially climate-related disaster to wreak havoc across the U.S., Canada and Mexico. Hawaii’s island of Maui is still reeling from a blaze that killed more than 100 people, making it the deadliest U.S. wildfire in more than a century. Firefighters in Canada are battling that nation’s worst fire season on record.

Hot water and hot air were both crucial factors that enabled Hilary’s rapid growth — steering it on an unusual but not quite unprecedented path that dumped rain in some normally bone-dry places.

The wet weather might stave off wildfires for a few weeks in Southern California and in parts of the Sierra Nevadas, but widespread rain is not expected in the most fire-prone areas, University of California, Los Angeles, climate scientist Daniel Swain said in an online briefing Monday.

Flooding and mudslides were reported across Southern California’s inland desert and mountain areas.

In the San Bernardino Mountains, crews worked to clear mud that blocked the homes of about 800 residents, Cal Fire Battalion Chief Alison Hesterly said.

Hilary shattered daily rain records in San Diego and dumped the equivalent of a full year’s worth on Death Valley National Park, forcing the park to be closed indefinitely and leaving about 400 people sheltering at Furnace Creek, Stovepipe Wells and Panamint Springs until roads could be made passable, park officials said.

It was the rainiest day on record Sunday as the storm hit dumping 2.2 inches on the desert area, according to John Adair, senior meteorologist at NWS Las Vegas.

A tropical storm last roared into California in September 1939, ripping apart train tracks, tearing houses from their foundations and capsizing many boats. Nearly 100 people were killed on land and at sea.

Elsewhere, Tropical Storm Harold made landfall on the South Texas coast Tuesday, where it is expected to bring wind gusts of up to 50 mph in areas along the U.S.-Mexico border and produce 2 to 4 inches of rain with some isolated amounts of up to 6 inches in South Texas through Wednesday.

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Alaska Gov. Mike Dunleavy endorses Donald Trump

Alaska Gov. Mike Dunleavy is endorsing Donald Trump, giving the former president the support of a governor whose state is expected to hold its nominating contest on the all-important “Super Tuesday” primary date.

The endorsement comes as Trump expands his broad lead in support from Republican governors and federal lawmakers over his rivals in the GOP presidential primary. With Dunleavy’s backing, Trump has earned the support of three of the five Republican governors who have endorsed in the race. Trump has also received the support of over 80 members of Congress, more than 16 times the amount of his nearest rival, Florida Gov. Ron DeSantis.

The former president has been aggressively courting the support of prospective endorsees; he recently spoke by phone with Dunleavy, whose state is expected to hold its primary on March 5, 2024, the same day that over a dozen states are expected to hold their nominating contests.

Trump’s relationship with Dunleavy stretches back to 2018, when he endorsed his first race for governor. Trump endorsed Dunleavy again in 2019, when the governor was facing a recall attempt, and again in 2022, when Dunleavy was up for reelection. Trump’s campaign plans to release a video on Tuesday thanking Dunleavy for his backing.

Most Republican governors have been hesitant to endorse in the race. Of the 26 GOP governors, only five have weighed in. (Two, DeSantis and North Dakota Gov. Doug Burgum, are running.) Trump has received the support of South Carolina Gov. Henry McMaster, West Virginia Gov. Jim Justice, and Dunleavy. DeSantis has the backing of Oklahoma Gov. Kevin Stitt, and former Vice President Mike Pence has the support of his home state governor, Indiana Gov. Eric Holcomb.

Brian Jack, who served as Trump’s White House political director, has been leading the former president’s endorsement push.

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Meadows, Clark fight to stave off arrest in Georgia

Mark Meadows is urging a federal judge to step in before Georgia prosecutors arrest him this week on charges that he conspired with Donald Trump to subvert the 2020 election.

The former Trump White House chief of staff is racing to move the state criminal case into federal court and ultimately have the charges dismissed. He says the charges against him in Georgia stem from his work as Trump’s chief of staff, a federal role that should make him immune to the local charges.

“Absent this Court’s intervention, Mr. Meadows will be denied the protection from arrest that federal law affords former federal officials,” Meadows’ attorneys wrote to U.S. District Court Judge Steven Jones, who is weighing Meadows’ urgent request to transfer the sprawling racketeering case to federal court.

Meadows’ urgency was sparked by Fulton County District Attorney Fani Willis’ rejection of his request to delay his arrest until Jones has a chance to make a ruling, expected next week.

“I am not granting any extensions,” Willis wrote in an email to Meadows’ attorneys Tuesday morning. “I gave 2 weeks for people to surrender themselves to the court. Your client is no different than any other criminal defendant in this jurisdiction. The two weeks was a tremendous courtesy.”

“At 12:30 pm on Friday I shall file warrants in the system,” Willis added.

Willis’ firm deadline puts Meadows in a race against the clock. He has urged Jones to quickly determine that he is immune from the Georgia prosecution by virtue of his federal role. Jones quickly agreed to hold a hearing on the matter, setting an evidentiary session for Aug. 28. Meadows indicated in his Tuesday court filing that Willis refused to delay the timeline to accommodate the federal hearing.

He’s not the only one of Trump’s 18 co-defendants seeking Jones’ urgent protection. Former Justice Department official Jeffrey Clark has similarly asked Jones to prohibit Willis from arresting him by Friday, contending that his role in Trump’s administration should also make him immune from the state-level charges. He has filed a motion for an emergency stay from Jones, who is also handling a related third effort by former Georgia GOP Chair David Shafer.

Trump himself has yet to try to remove his case to federal court, but he’s widely expected to pursue the gambit as well.

At the heart of Meadows’ plea is the long-standing legal principle that state courts have no ability to interfere with federal officials carrying out their official duties. Courts typically take a deferential view to current and former federal officials who seek to remove local cases to federal court, so long as they can plausibly argue that the actions in question were related to their official duties.

Meadows and Clark argue that the charges against them in Georgia were purely rooted in their Trump administration roles. Meadows arranged phone calls and meetings for Trump with officials in Georgia about the 2020 election results, and he visited Georgia after the election to review audit proceedings as they were underway. Clark drafted a letter to the states that would have advised them to convene their legislatures to consider appointing alternate slates of presidential electors — part of an effort by Trump to deploy the Justice Department in service of his bid to stay in power. The letter, however, was never sent amid resistance from top Justice Department and White House attorneys.

Both men face charges that they entered into a racketeering conspiracy with Trump premised on subverting the 2020 election — a goal that could not be construed as part of their official responsibilities. Jones has asked Willis to respond to Clark’s and Meadows’ efforts by Wednesday afternoon, and her filing should lay bare her rationale for bringing charges against the high-ranking Trump administration officials.

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Inside Mayor Eric Adams' atypical trip to Israel

NEW YORK — New York City Mayor Eric Adams' trip to Israel is not like typical mayoral delegations to the Jewish state.

He will meet Tuesday with Israeli Prime Minister Benjamin Netanyahu, whose move to weaken judicial power has sparked months of widespread protests.

The sit-down is the highest-profile event of Adams’ four-day visit.

He also plans to speak with Israeli officials critical of Netanyahu’s judicial overhaul, and before he meets with Netanyahu, Adams has a closed-door discussion with leaders of the protest movement.

People traveling with the mayor argued that a face-to-face with the prime minister is not a tacit endorsement of his nationalist policies. Netanyahu’s efforts to curtail Supreme Court influence have been slammed as attacks on democracy.

He’ll talk later this week with Israeli President Isaac Herzog and Tel Aviv Mayor Ron Huldai, according to a person familiar with Adams’ plans.

The other meetings are key, said the progressive New York Jewish Agenda, adding that a visiting mayor talking with Israeli leaders is typical.

“However, these are not typical times, and we’re encouraged to hear that the mayor will also meet with pro-democracy movement and protest leaders,” the group’s executive director Phylisa Wisdom said.

Left-wing advocacy group J Street’s response was much more barbed.

“We hope the mayor takes the opportunity to make clear to the prime minister that Israel’s friends in New York and around the world are aghast at his government’s assault on Israel’s democracy,” a spokesperson said.

David Greenfield, a former City Council member who now leads the anti-poverty Met Council, is also in Jerusalem for the trip.

“The mayor is skillfully navigating Israel by meeting with right, centrist and left leaders so he has the full spectrum of political views,” Greenfield told POLITICO.

In a guest column from Jerusalem, Adams wrote that his goals for the trip include learning how Israel is able to “absorb and integrate thousands of immigrants,” a nod to the influx of migrants he faces at home.

Adams is joined in Israel by Deputy Mayor for Communications Fabien Levy, senior adviser Joel Eisdorfer and NYPD First Deputy Commissioner Tania Kinsella.

The UJA-Federation of New York and the Jewish Community Relations Council are footing the bill.

Government meetings aside, photos shared by the mayor’s office show a warm reception for Adams who enjoyed himself while dining and playing music.

This reporting first appeared in New York Playbook. Sign up to receive it in your inbox every weekday.

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