Appeals court largely upholds Trump’s federal gag order

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A federal appeals court has largely upheld a gag order on Donald Trump, concluding that Trump’s rhetoric poses “real-time, real-world consequences” that threaten the integrity of his upcoming criminal trial over his attempts to subvert the 2020 presidential election.

A three-judge panel of the D.C. Circuit Court of Appeals ruled that Trump’s complaints about free speech and his presidential candidacy ring hollow when juxtaposed with the “imminent” threats his invective has posed to witnesses and the court proceedings themselves.

“The court had a duty to act proactively to prevent the creation of an atmosphere of fear or intimidation aimed at preventing trial participants and staff from performing their functions within the trial process,” Judge Patricia Millett wrote for the unanimous court. She and the other two judges on the panel are Democratic appointees.

However, the appeals panel narrowed the original gag order, imposed in October by U.S. District Court Judge Tanya Chutkan. The panel ruled that Trump remains entitled to criticize various figures who played a role in the 2020 election saga as long as he does not zero in on their potential testimony at the trial, scheduled to begin March 4. The appellate judges also concluded that Chutkan’s restriction on Trump’s ability to criticize prosecutors and court staff in the case “sweeps too broadly.”

US needs to respond to Houthis after Red Sea attacks, former Middle East commander says

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Retired Gen. Frank McKenzie, who commanded all U.S. forces in the Middle East for three years during the Trump and Biden presidencies, believes President Joe Biden should respond more forcefully to attacks on commercial ships in the Red Sea — even as top administration officials remain wary of provoking Iran.

The former head of U.S. Central Command said Iran has taken the lack of a strong U.S. military response to the recent spike in Tehran-backed Houthi attacks on civilian vessels, which pose a threat to U.S. warships, as an invitation to continue its aggressive behavior.

“Sometimes you’ve got to throw a pitch,” McKenzie said in an interview. “You can’t catch eternally, because eventually the law of averages is going to turn against you, and you’re going to take a significant escalatory event on a ship, and then you’re going to be forced into an even more significant level of response.”

“We’ve given them no reason not to continue [attacking],” he said of the Houthis.

Nation’s largest glass recycler files for bankruptcy

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The nation’s largest glass recycler has filed for bankruptcy, but plans to keep crushing glass during voluntary restructuring.

Strategic Materials, Inc., or SMI, maintains plants and offices in 42 locations across the U.S., including 195 Minnehaha Ave., just off Interstate 35-E in St. Paul.

SMI submitted reorganization plans when it filed for Chapter 11 bankruptcy on Dec. 4 alongside its 15 affiliates in U.S. Bankruptcy Court’s Southern District of Texas Houston division. The company obtained $23 million to finance ongoing operations as the case moves forward, according to documents made public by the Kroll Restructuring Administration of New York.

If approved by the courts, reorganization will allow the company to remain in business while reducing its debt by more than $300 million, according to the trade newsletter Glass International.

An initial hearing was held Dec. 5 and a follow-up is scheduled for Jan. 10.

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The Loop NFL Picks: Week 14

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Vikings at Raiders (+2½)

Minnesota quarterback Joshua Dobbs is keeping his starting job, barely, after throwing four interceptions in the Vikings’ Monday Night Football loss to Chicago. He’s on pace to see his name in the record books for most holiday season giveaways, just behind a fellow listed as “S. Claus.”
Pick: Vikings by 3

Two Chicago Bears fans dressed as Santa and Mrs. Claus cheer the arrival of the team onto the field before an NFL football game against the Minnesota Vikings Monday, Dec. 20, 2021, in Chicago. (AP Photo/Nam Y. Huh)

Bills at Chiefs (-2½)

Buffalo coach Sean McDermott told his players a few years ago they needed to come together as a team, just like the September 11 hijackers did. This triggered a huge firestorm from critics who said any comparison to the Bills would be an outrageous affront to the September 11 terrorists.
Pick: Chiefs by 3

Buffalo Bills head coach Sean McDermott talks to reporters after an NFL football game against the Denver Broncos, Monday, Nov. 13, 2023, in Orchard Park, N.Y. (AP Photo/Jeffrey T. Barnes)

Packers at Giants (+6½)

Green Bay moved into playoff position in the NFC with its upset victory over Kansas City last Sunday night. NFL data analysts estimate that the Packers, who started the season 2-5, are now just about a dozen Josh Dobbs turnovers from clinching a wild card berth.
Pick: Packers by 7

Green Bay Packers running back AJ Dillon (28) during an NFL football game Sunday, Dec. 3, 2023, in Green Bay, Wis. (AP Photo/Mike Roemer)

Jaguars at Browns (-2½)

A former Jaguars employee has been accused of stealing $22 million from the Jacksonville club. That astronomical total makes this the second-worst thing that has happened to the Jags franchise this week.
Pick: Browns by 3

Jacksonville Jaguars quarterback Trevor Lawrence (16) is helped after getting injured during the second half of an NFL football game against the Cincinnati Bengals, Monday, Dec. 4, 2023, in Jacksonville, Fla. (AP Photo/Phelan M. Ebenhack)

Panthers at Saints (-5½)

Carolina reported that tight end Hayden Hurst won’t play Sunday because he is suffering from post-traumatic amnesia. That diagnosis actually sounds appealing to those of us going through comparable trauma who would like to forget everything that has happened since 2016.
Pick: Saints by 7

Carolina Panthers tight end Hayden Hurst (81) reaches for the ball but cannot make the catch as he is tackled by Chicago Bears safety Jaquan Brisker (9) during the second half of an NFL football game Thursday, Nov. 9, 2023, in Chicago. (AP Photo/Charles Rex Arbogast)

Lions at Bears (+3½)

Fans and TV viewers were sick to their stomach last Sunday during the Lions-Saints game when they saw that a member of the sideline chain gang suffered a grotesquely dislocated knee. New Orleans felt even more nauseous later when Jameis Winston came into the game.
Pick: Lions by 7

New Orleans Saints quarterback Jameis Winston warms up before the first half of an NFL football game against the Detroit Lions, Sunday, Dec. 3, 2023, in New Orleans. (AP Photo/Gerald Herbert)

Texans at Jets (+6½)

New York is putting embattled Zach Wilson back in at No. 1 quarterback. The former No. 2 draft pick denied reports he’s reluctant to see himself back in the starting lineup, differentiating himself from every other person in the New York metropolitan area.
Pick: Texans by 7

New York Jets quarterback Zach Wilson walks the sidelines during the first quarter of an NFL football game against the Atlanta Falcons, Sunday, Dec. 3, 2023, in East Rutherford, N.J. (AP Photo/Adam Hunger)

Eagles at Cowboys (-3½)

Philadelphia center Jason Kelce said the Eagles are simply not good enough right now after their loss to NFC rival San Francisco. To prove his commitment to improvement, Kelce is taking a 24-hour break from filming soup commercials.
Pick: Eagles by 3

Philadelphia Eagles center Jason Kelce (62) warms up before an NFL football game against the Buffalo Bills, Sunday, Nov. 26, 2023, in Philadelphia. (AP Photo/Rich Schultz)

Seahawks at 49ers (-10½)

San Francisco linebacker Dre Greenlaw was ejected last Sunday for a confrontation on the sideline with the Eagles’ head of security, Dom DiSandro. The incident was quite a surprise to most NFL observers as they had no idea there was ever any security in Philadelphia’s stadium.
Pick: 49ers by 14

San Francisco 49ers linebacker Dre Greenlaw (57) swings at Philadelphia Eagles head of security Dom DiSandro before both being ejected in an NFL football game, Sunday, Dec. 3, 2023, in Philadelphia, PA. 49ers defeat the Eagles 42-19. (AP Photo/Jeff Lewis)

Colts at Bengals (pick ‘em)

Cincinnati backup QB Jake Browning led the Bengals to a surprising win in Jacksonville on Monday night that kept their faint playoff hopes alive. So they’re going to stick with their new game plan and hope to keep winning by crippling the opposing quarterback.
Pick: Colts by 3

Cincinnati Bengals quarterback Jake Browning (6) throws before an NFL football game against the Jacksonville Jaguars, Monday, Dec. 4, 2023, in Jacksonville, Fla. (AP Photo/Phelan M. Ebenhack)

Titans at Dolphins (-13½)

It’s going to be a busy Monday night on the ESPN family of networks. The Dolphins face the Titans and the Packers meet the Giants on Monday Night Football, and the Manning brothers continue to steal ESPN’s money.
Pick: Dolphins by 17

(Screen grab from ESPN)

Other games

Buccaneers at Falcons (-2½):
Pick: Falcons by 3

Rams at Ravens (-7½):
Pick: Ravens by 3

Broncos at Chargers (-2½):
Pick: Chargers by 3

Los Angeles Chargers linebacker Khalil Mack (52) tackles Baltimore Ravens quarterback Lamar Jackson (8), causing a fumble during an NFL football game Monday, Nov. 27, 2023, in Inglewood, Calif. (AP Photo/Ashley Landis)

Byes

Cardinals, Commanders

Washington Commanders head coach Ron Rivera pictured during an NFL football game against the Miami Dolphins, Sunday, December 03, 2023 in Landover, Md. (AP Photo/Daniel Kucin Jr.)

Record

Week 13
10-3 straight up
6-7 vs. spread

Season
120-73 straight up (.622)
102-91 vs. spread (.528)

You can hear Kevin Cusick on Wednesdays on Bob Sansevere’s “BS Show” podcast on iTunes. You can follow Kevin on Twitter — @theloopnow. He can be reached at kcusick@pioneerpress.com.

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