Supreme Court justices gripped by case of 9/11 detainee: ‘We want a clear answer’

Supreme Court justices gripped by case of 9/11 detainee: ‘We want a clear answer’
Supreme Court justices gripped by case of 9/11 detainee: ‘We want a clear answer’
Timothy Epple/iStock

(WASHINGTON) — A U.S. Supreme Court case about state secrets and brutal CIA black-site interrogations after 9/11 took an abrupt turn Wednesday when a trio of justices demanded answers from the Biden administration about why the plaintiff — Al-Qaeda suspect Abu Zubaydah — is still held without charges in a military prison at Guantanamo Bay, Cuba, even though the war in Afghanistan has concluded.

“I don’t understand why he’s still there after 14 years,” said a clearly exasperated Justice Stephen Breyer.

The controversial wartime detention of alleged terrorist combatants was not the immediate focus of the case but was raised after more than an hour of oral arguments by Breyer and Justices Neil Gorsuch and Sonia Sotomayor.

The justices had all been wrestling with how to balance the government’s need to keep secret the foreign location of Zubaydah’s interrogation — in an effort to protect national security interests — and the detainee’s need to obtain testimony from two former CIA contractors about what happened when he was in their custody.

Zubaydah is pursuing a claim against Polish officials in Polish court for their alleged complicity in his harsh treatment at a CIA black site in the country, as outlined in a U.S. Senate report, and wants on-the-record testimony about what happened there. The U.S. government has never formally confirmed, nor denied, the existence of a site in Poland and contends testimony from the contractors could compromise secrets.

Justice Gorsuch suggested one “off-ramp,” or solution, to the entire case could be allowing Zubaydah to speak for himself about how he was treated, especially since many details have already been declassified in a 2014 Senate Intelligence Committee report.

Zubaydah, who was captured in Pakistan in 2002, was waterboarded 83 times, spent 11 days in a coffin-size confinement box and was subjected to “walling, attention grasps, slapping, facial holds, stress positions and sleep deprivation,” according the report.

“Why not make the witness [Zubaydah] available? What is the government’s objection to the witness testifying to his own treatment and not requiring any admission from the government of any kind?” Gorsuch asked acting Solicitor General Brian Fletcher, representing the Biden administration.

“I understand there are all sorts of rules and protective orders,” he continued, “I’d just really appreciate a straight answer to this: will the government make Petitioner [Zubaydah] available to testify as to his treatment during these dates?”

Fletcher, apparently caught off guard, explained that he could not offer an answer without first consulting with the Defense Department. He pledged to comply with the justices’ request. Under terms of his detention, Zubaydah is allowed to communicate only with his legal team.

“Well, gosh,” replied Gorsuch, “this case has been litigated for years and all the way up to the United States Supreme Court, and you haven’t considered whether that’s an off-ramp that — that the government could provide?”

The exchange was a remarkable moment that united justices from across the ideological spectrum.

Justice Sotomayor joined Gorsuch’s argument, saying, “We want a clear answer. Are you going to permit him to testify, yes or no?”

Justice Brett Kavanaugh, who was participating virtually in the argument because of a COVID-19 diagnosis last week, attempted to throw the government a lifeline. “Is the US still engaged in hostilities under the AUMF against Al-Qaeda?” he asked.

“That is the government’s position, that notwithstanding withdrawal of troops from Afghanistan, we continue to be engaged in hostilities with Al Qaeda and therefore that detention under law of order remains proper,” Fletcher replied.

It is unclear whether the terms of his detention could or would be modified to allow him to testify publicly about his treatment in CIA custody.

The government insists any official testimony that implicates Poland as the location of a CIA black site would breach the trust of our allies and harm future intelligence agreements.

Zubaydah says his pursuit of a case in Polish court could benefit from an eyewitness account of what happened to him, even though many details are already in the public domain. “I want to shine a light on what happened,” said his attorney David Klein.

A majority of the justices appeared inclined to show deference to the government’s national security concerns about formally confirming Poland as a black site location, but they were also skeptical of a sweeping assertion of state secrets privilege that prevents Zubaydah from providing his own account in a court of law.

The justices are expected to hand down a decision in the case by the end of June 2022.

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Body cam footage shows Minneapolis police allegedly ‘hunting’ anti-police brutality protesters

Body cam footage shows Minneapolis police allegedly ‘hunting’ anti-police brutality protesters
Body cam footage shows Minneapolis police allegedly ‘hunting’ anti-police brutality protesters
Minneapolis Police Department

(Minneapolis, MINN.) — Newly released body camera footage shows Minneapolis police officers allegedly celebrating the “hunting” of anti-police brutality protesters just five days after the murder of George Floyd.

In one video, a protester yells: “We’re unarmed! This is America. We can say what we want!”

In response, an officer appears to shoot at the protester with rubber bullets.

Floyd’s death set off months of protests against police violence and racism. The city of Minneapolis, where Floyd was killed by then-MPD officer Derek Chauvin, set a curfew in response to the unrest.

The body cam footage released to the public by the court captures the police department’s enforcement of the 8 p.m. curfew: Officers firing rubber bullets at numerous people out on the streets in an attempt to forcefully clear them of demonstrators. Some officers can be seen and heard celebrating and even fist-bumping over their successful hits.

In the recording, one officer can be heard saying: “You guys are out hunting people now. It’s just a nice change of tempo.”

Shortly after, another officer comments: “F— these people.”

In another video, an officer says: “I would love to scatter [the protesters] but it’s time to f—— put 100 people in jail and just prove the mayor wrong about his white supremacist from out of state,” referring to Minneapolis Mayor Jacob Frey’s comments about white supremacists and out-of-state instigators.

The officer later adds, “This group is probably predominantly white because there’s not looting and fires.”

Due to an ongoing internal investigation into the actions of officers seen in the videos, the Minneapolis Police Department declined ABC News’ request for comment.

The footage was introduced as part of the criminal case against Jaleel Stallings, who was accused of trying to kill police officers but has since been acquitted of all charges, according to his attorney Eric Rice.

The 27-year-old faced two counts of attempted second-degree murder, two counts of first-degree assault, one count of second-degree assault and three other charges for firing a gun at an unmarked police van. No officers were injured.

Stallings argued that he fired at the unmarked police van in self-defense. In an affidavit, Stallings said that other people were running from the unmarked van and warned him of people shooting from the vehicle. He said that after being hit by a rubber bullet himself, he used his gun to shoot the vehicle in an attempt to scare the attackers off.

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Biden and China’s Xi plan to meet virtually this year after aides’ ‘meaningful,’ substantive’ talks

Biden and China’s Xi plan to meet virtually this year after aides’ ‘meaningful,’ substantive’ talks
Biden and China’s Xi plan to meet virtually this year after aides’ ‘meaningful,’ substantive’ talks
Oleksii Liskonih/iStock

(WASHINGTON) — President Joe Biden and China’s Xi Jinping will hold a virtual meeting before the end of this year, according to a senior U.S. administration official.

That’s the key outcome of six hours of meetings Wednesday between two of their top aides – national security adviser Jake Sullivan and China’s top diplomat Yang Jiechi, director of the Office of the Central Commission for Foreign Affairs.

The virtual summit comes amid high tension in the critical relationship between the world’s two largest economies, including over trade and regional challenges like Taiwan. China has sent scores of military planes into Taiwan’s air defense zone in recent days, raising concerns about potential conflict.

The two men and their delegations met in Switzerland, where they had what the senior administration official described as a “more meaningful and substantive engagement than we have had to date below the leader level.”

They attributed that to the long phone call Biden and Xi had last month, saying Sullivan and Yang had been “empowered directly” by their leaders to have a more honest back-and-forth, away from cameras and off talking points, per the official.

There had been hopes that Biden and Xi could meet in person on the sidelines of the COP26 climate conference or the G20 summit this fall – but Xi will not attend either in person.

So far, there are no other details confirmed about the meeting – one of several tasks ahead of the two leaders’ advisers after these engagements.

This is a developing story. Please check back in for updates.

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Former Tesla worker speaks out after winning $137 million lawsuit

Former Tesla worker speaks out after winning 7 million lawsuit
Former Tesla worker speaks out after winning 7 million lawsuit
iStock/CatEyePerspective

(NEW YORK) — Owen Diaz, the former Tesla employee who sued the electric car company over allegations of racism, is opening up about his experience.

“[Tesla] decided not to follow through, they decided to kill investigations,” Diaz said on “Good Morning America” Wednesday. “Tesla, as a company, as a whole, needs to wake up. You know you can’t keep treating workers like this.”

Diaz was hired as a contract elevator operator at Tesla’s factory in Fremont, California. He worked there from June 2015 to July 2016. Diaz claimed fellow workers called him the “n-word,” was told to “go back to Africa” and saw racist and derogatory images in the factory’s bathroom stalls.

Diaz said he complained to Tesla about his treatment but his supervisors failed to stop the abuse. He left the company four years ago, filing a lawsuit in October 2017 that claimed “Tesla’s progressive image was a facade papering over its regressive, demeaning treatment of African-American employees.”

Now, after receiving one of the largest awards in a racial harassment case in the history of the United States, Diaz said he feels justice was served. A San Francisco federal jury awarded him $137 million on Monday.

“It’s God’s justice that this happened, you know, and allowed me to talk for people who can’t talk for themselves. A lot of people are living paycheck to paycheck to paycheck. They have to take choose to either take the abuse that these billion-dollar companies are putting out or feed their families,” Diaz said.

Mr. Diaz’s attorney, Lawrence Organ of the California Civil Rights Law Group, spoke to “Good Morning America” as well and said the verdict “makes Tesla take notice of these horrid conditions, and hopefully it will make them change and make other companies change and realize, racist conduct has no place in the workplace.”

In an internal email to employees, Valerie Capers Workman, Tesla’s vice president of people, said Tesla of 2015 and 2016 “is not the same as the Tesla of today.” Tesla published Workman’s email in a blog post on its website following the verdict.

“While we strongly believe that these facts don’t justify the verdict reached by the jury in San Francisco, we do recognize that in 2015 and 2016, we were not perfect. We’re still not perfect. But we have come a long way from 5 years ago,” Workman said in her email.

Tesla had responded to Diaz’s complaints of harassment by firing two contractors and suspending a third contractor, according to Workman.

This is not the first time Tesla faced claims of a hostile, racist work environment. The company had to contend in court with similar lawsuits, including a class-action civil rights lawsuit filed in 2017 in Alameda County Superior Court. That case is still pending.

In August, a court ruled that Tesla must pay a million-dollar fine in the case of Melvin Berry, a former black employee, who was allegedly subjected for years to racial insults from his colleagues. Tesla has denied all claims.

Tesla employees are bound by mandatory arbitration contracts when they start their jobs, preventing them from suing the company. Diaz was a contract worker.

Diaz said he knows that his case is “bigger than him.”

“This is not really about me. This is about a verdict that a jury made to let Tesla know that they’re being put on notice to clean up their factories,” he said.

 

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Nearly 200,000 COVID-19 rapid test kits recalled over concerns of false positives

Nearly 200,000 COVID-19 rapid test kits recalled over concerns of false positives
Nearly 200,000 COVID-19 rapid test kits recalled over concerns of false positives
iStock/narvikk

(NEW YORK) — Ellume is recalling nearly 200,000 rapid at-home COVID-19 antigen tests out of concerns over an abnormally high rate of false positives observed from certain lots of its tests.

Roughly 427,000 test kits, including thousands sent to retailers and some provided to the Department of Defense, have been impacted by the issue.

About 195,000 of these kits are still unused and subject to the recall. About 202,000 have already been used, the company said. Of those, there have been around 42,000 positive results, of which as many as a quarter of those positives could have been inaccurate. However, the company said it’s difficult to determine an exact ratio.

Ellume is removing the affected product from store shelves and said distributors should cease distribution and quarantine those products immediately.

This recall yanks hundreds of thousands of rapid COVID-19 tests off the shelves at a time when demand for these tests has already skyrocketed. Amid shortages, many of the major retail pharmacy stores announced they are limiting purchases to contend with supply constraints.

Meanwhile, Ellume is notifying consumers, retailers and distributors affected by the recall. It’s warning those consumers who have tested positive to take confirmatory tests, as their initial Ellume results may have been incorrect.

Ellume CEO Sean Parsons apologized for the incident, acknowledging how much rides on accurate test results during this pandemic.

“We understand that trust is central to fulfilling our purpose as a company, and we recognize that this incident may have shaken the confidence of some of those who trusted Ellume to help them manage their health and to take back a bit of control of their lives during this pandemic,” Parsons said in a statement. “To those individuals, I offer my sincere apologies – and the apologies of our entire company – for any stress or difficulties they may have experienced because of a false-positive result.”

“You have my personal commitment that we have learned from this experience, we have implemented additional controls to ensure our product meets our high quality standards and we are going to do everything in our power to regain your trust,” Parsons said in the statement.

Ellume said it has identified the root cause as an issue in variation with one of its test kit’s components, and said it has “implemented additional controls” and are “continuing to work on resolving the issue that led to this recall.”

While the recall was triggered by false positives, the company said the reliability of negative results from its kits is unaffected by this issue: approximately 160,000 tests from affected lots produced negative results.

 

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California signs ‘Momnibus Act’ to support Black moms and infants, pay for doulas, extend Medicaid coverage

California signs ‘Momnibus Act’ to support Black moms and infants, pay for doulas, extend Medicaid coverage
California signs ‘Momnibus Act’ to support Black moms and infants, pay for doulas, extend Medicaid coverage
iStock/PeopleImages

(LOS ANGELES) — California Gov. Gavin Newsom signed the “Momnibus Act” into law on Monday to address racial disparities in maternal and infant health, a victory especially for families of color.

The law will create a fund to grow and diversify the midwifery workforce, extend California’s Medicaid coverage for doulas — trained professionals who support mothers through pregnancies — and extend Medicaid eligibility for mothers experiencing postpartum depression from two to 12 months.

The law is part of a sweeping effort to change stark numbers in the state.

Black women in California are four to six times more likely to die within a year of pregnancy than white women, according to data from 2014 to 2016 compiled by the California Department of Public Health. Nationally, Black and American Indian women are two to three more likely to die from pregnancy-related causes compared with white women, according to a 2019 Centers for Disease Control and Prevention report.

In California, even though the state’s infant mortality is lower than the national average, Black babies still die at more than double the statewide average, lawmakers said in the bill.

Mashariki Kudumu, director of maternal and infant health initiatives for the March of Dimes in Los Angeles, helped work on “Momnibus.”

“We know in California, there’s about nine counties that don’t have an obstetric provider, areas known as maternity deserts. Especially during COVID, we’re seeing hospitals shut down their maternity units. Getting care has been a barrier for a lot of people during this time. And so being able to have more midwives that can provide prenatal care throughout the state, especially in these maternity deserts, will be a great benefit,” Kudumu said.

“Everyone deserves a healthy and joyous and dignified pregnancy birth. And this bill really does help do that,” she added.

The bill was authored by Democratic Sen. Nancy Skinner with support from statewide maternal health and racial justice groups.

A major part of the “Momnibus Act” is to have a committee improve data collection and reviews of maternal deaths in the state, including interviews of affected family members affected, to better study what contributes to maternal and infant mortality rates. The committee plans to publish findings and recommendations every three years.

Some of the bill’s provisions already had been included in the 2021-22 state budget, including the establishment of a guaranteed income pilot program for pregnant low-income Californians and extensions of Medicaid coverage.

The legislation applies to all women who need but can’t afford the services, regardless of immigration status.

Tiffany Sagote, an obstetric medical assistant in San Francisco who’s pregnant with her third child, told ABC News the law is “super special for women of color who have often been overlooked in health care, professionally and emotionally, during such a beautiful milestone in our life.”

“The most exciting thing,” she added, “is receiving an extension of postpartum management with Medi-Cal, like mental health services, which at times are often cut short for women of color … there is an idea in the Black community where, like, needing help is kind of taboo or a sign of failure. But in reality, it is the best thing to help us maintain a solid foundation and give our children the best version of ourselves.”

She said having diverse doulas and midwives will help expectant mothers be able to advocate for themselves, especially when they aren’t listened to.

“I have unfortunately experienced it myself, seen and dealt with racism and mistreatment in the health care field that leads to the statistics among black mothers and infants,” Sagote continued. “Having more access to Black and Indigenous doulas will help mothers not feel intimidated to stand up for themselves in a medical setting.”

Kudumu said the bill’s services will lessen stress among mothers of color or those who come from low-income backgrounds.

“We know Black women have a preterm birth rate that’s higher than other women in California. Adjusting some of the reasons behind that — in terms of stress, in terms of racism, economic opportunities — is important,” she said.

Nourbese Flint, executive director of the Black Women for Wellness Action Project, joined the signing ceremony with her 7-week-old baby and called the bill signed on Monday her “second baby.”

While she called the law “a win,” she said that “there’s still more work to do.”

Stacey Stewart, president and CEO of March of Dimes, said the organization is pushing for a federal version of California’s “Momnibus,” a version of which was reintroduced this session with the support of Senate Majority Leader Chuck Schumer, D-N.Y.

“California passing its ‘Momnibus’ is also a model for what other states can do as well. And we hope we hope other states will look to California for that leadership,” Stewart said. “If fully implemented, and fully funded [on a federal level], we should have every expectation that there should be a significant increase in health outcomes for moms and babies of color.

Copyright © 2021, ABC Audio. All rights reserved.

Active shooter situation reported at Texas high school

Active shooter situation reported at Texas high school
Active shooter situation reported at Texas high school
iStock/ChiccoDodiFC

(ARLINGTON, Texas) — Police are investigating an active shooter situation reported at Timberview High School in Arlington, Texas, the school district said.

An unknown suspect apparently shot multiple people before fleeing the scene, according to an internal police briefing. The number of victims was not immediately clear.

First responders gather outside Timberview High School in in Arlington, Texas, after rep…

The school is on lockdown, the Mansfield Independent School District said. The scene is secure, according to the internal briefing.

Arlington police said they are conducting a “methodical search.” ATF officials are at the scene.

Arlington is located between Fort Worth and Dallas.

This is a developing story. Please check back for updates.

 

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Retailers announce early holiday deals; how to avoid shopping delays, product shortages

Retailers announce early holiday deals; how to avoid shopping delays, product shortages
Retailers announce early holiday deals; how to avoid shopping delays, product shortages
ArtistGNDphotography/iStock

(NEW YORK) — Holiday shopping season has kicked off earlier than ever.

Amazon announced Monday it is offering “Black Friday-worthy deals” and early access to deep discounts across every category.

Target launched its own “Deal Days” promotion from Oct. 10 – 12 that boasts savings on thousands of items online, through their app and in nearly 2,000 stores. The major retailer also launched a holiday price match guarantee, according to its website.

Jennifer Smith, a logistics and supply chain reporter for the Wall Street Journal said retailers are in a unique position this holiday shopping season.

“They’re balancing, on the one hand, the need to make sure they have items in stock when people do start shopping with wanting to make sure that they have plenty of time to get them because it could take a little bit longer, particularly for e-commerce, for things to arrive at your home,” she told Good Morning America.

October typically marks the busiest shopping month of the year as retailers stock up for Black Friday, but with just three months ahead of Christmas, the supply chain in the U.S. has faced massive pandemic-related shipping issues, shortages and delays.

Microsoft reported issues getting parts needed to build its new Xbox consoles.

“There are multiple kind of pinch points in that process. And I think regretfully it’s going to be with us for months and months, definitely through the end of this calendar year,” XBOX’s head of gaming Phil Spencer said in a statement.

Nike has felt the recent supply crunch and as first reported by NBC, is working to shift footwear production out of Vietnam where factories remain closed due to COVID restrictions to places like China and Indonesia in an attempt to prevent further delays.

Fast fashion clothing companies like H&M and BooHoo said their profits are likely to suffer because of rising supply chain costs and bottlenecks in major ports coast to coast.

Other retailers have attempted to alleviate product shortages by flying in goods by air freight, while Target, Walmart and Home Depot have chartered their own ships to avoid backlogged ports and to make sure they’re stocked for holidays.

The CEO of MGA Entertainment Inc., one of the world’s largest toymakers, said supply issues are the worst he’s seen in over 40 years.

“You have the jams you have all the backlog, logistic problems and inflation, they’re all gathered up,” Isaac Larian told GMA. “So it’s going to be a tough couple of years, in my opinion.”

Like many other experts have urged, Larian added, “my kind of advice is — please shop early.”

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Iranian authority mandates pregnant women be reported to prevent ‘criminal abortions’

Iranian authority mandates pregnant women be reported to prevent ‘criminal abortions’
Iranian authority mandates pregnant women be reported to prevent ‘criminal abortions’
nazdravie/iStock

(NEW YORK) — From Texas to Tehran, women have been fighting to protect their right to have an abortion — some by taking over the streets and others by taking over social media.

While a Texas law banning abortions after six weeks of pregnancy sparked protests across the United States, a letter from an official judicial body in Iran has mandated that local laboratories report on women with positive pregnancy tests to prevent “criminal abortions.”

The letter, issued by the crime prevention deputy at the judiciary in Iran’s Mazandaran province, was leaked on Twitter by health and medical journalist Mahdiar Saeedian.

“One of the ways to prevent abortion is … by connecting laboratories and the clinical centres to introduce mothers with positive pregnancy test results,” the letter states.

On social media, women reacted to the letter by protesting what they say is an attempt to control their bodies.

“I think we are outpacing ‘The Handsmaid’s Tale.’ Protecting patients’ privacy is meaningless,” one Twitter user wrote.

In Iran, abortion is illegal unless there’s proof that giving birth would endanger the life of the mother or child, or pregnancy screening tests show the child will have serious physical or mental disabilities. This law only applies to pregnant women who are legally married. Women who get pregnant from extramarital affairs have no legal options for abortion in Iran. While some 9,000 legal abortions are performed annually in Iran, a country of 82 million people, more than 300,000 illegal abortions are also performed there each year, according to the semi-official Tasnim News Agency.

Now, conservatives in Iran are trying to restrict abortions even further by requiring a medical team’s diagnosis as well as the approval of two “faqihs” — or religious experts — and a judge. The controversial bill has yet to be ratified.

“Just imagine a woman who has got pregnant in an extramarital affair. They would never dare refer to a lab for a pregnancy test if they know their information is being reported,” an Iranian women’s rights activist told ABC News, under the condition of anonymity for security reasons.

Sima, who asked ABC News to use a pseudonym to protect her privacy and security, said she was a 29-year old engineer who had just started a new job when she got pregnant from an affair she had with her boss three years prior.

“I managed to illegally get some pills to terminate pregnancy,” Sima told ABC News. “I took them, and I started to bleed severely and could not abort. Despite my friends’ insistence, I was afraid to go to the hospital for the fear of arrest.”

Sima’s friend ultimately took her to an underground abortion center for help, which was unsupervised.

“I was even afraid of telling my boss about it. He might have fired me,” she said, explaining how helpless women can feel when they seek an abortion.

In response to the backlash on social media, the official Mazandaran IRIB News published an interview with the crime prevention deputy of the provincial judiciary, saying the command in the letter was just to prevent “unprofessional abortions.”

The Iranian women’s rights activist told ABC News that the letter shows the “perspective” of what officials plan.

“Our experience proves that denials are just to soothe the backlash,” she added. “Consider the internet restriction plan — they say it is not in practice, but we see every day that our VPNs stop working one after another. So, this official denying the letter cannot put our minds in peace. They have serious plans to have more control on pregnancies.”

She said such laws show the Islamic Republic’s desire to maintain control over women’s bodies, while enforcing policies aimed at increasing the population of the country.

According to data from the Statistical Center of Iran, the country’s population growth rate between 2011 and 2016 was 1.24%. That has since dropped to 1.15%, according to data collected by the World Population Review.

“The solution to overcome a low population rate is not policing people’s relations and affairs, or their access to safe abortion or contraceptives,” the activist said.

Copyright © 2021, ABC Audio. All rights reserved.

COVID-19 live updates: More Americans died of COVID this year than all of 2020

COVID-19 live updates: More Americans died of COVID this year than all of 2020
COVID-19 live updates: More Americans died of COVID this year than all of 2020
AlxeyPnferov/iStock

(NEW YORK) — The United States has been facing a COVID-19 surge as the more contagious delta variant continues to spread.

More than 705,000 Americans have died from COVID-19 while over 4.8 million people have died from the disease worldwide, according to real-time data compiled by the Center for Systems Science and Engineering at Johns Hopkins University.

Just 65.6% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the CDC.

Here’s how the news is developing. All times Eastern:

Oct 06, 9:41 am
Nearly 200K rapid at-home antigen tests recalled

Ellume is recalling nearly 200,000 rapid at-home antigen tests out of concerns over an abnormally high rate of false positives.

Roughly 427,000 test kits, including thousands sent to retailers and some provided to the Department of Defense, were impacted. About 195,000 of these kits are still unused and subject to the recall, and about 202,000, have already been used. Of those, there were about 42,000 positive results, of which as many as a quarter, or perhaps fewer, of those positives could have been inaccurate, though it’s difficult to determine an exact ratio.

CEO Sean Parsons said in a statement, “I offer my sincere apologies — and the apologies of our entire company — for any stress or difficulties they may have experienced because of a false positive result,” Parsons said.

Ellume said it identified the root cause as an issue in variation with one of the kit’s components. The company said it has “implemented additional controls” and is “continuing to work on resolving the issue that led to this recall.”

Ellume is notifying affected customers and urging confirmatory tests.

Oct 06, 9:24 am
More Americans died of COVID this year than all of 2020

More Americans have died from COVID-19 this year than from the virus in all of 2020, according to newly updated data from Johns Hopkins University.

More than 353,000 COVID-19 deaths have been reported since Jan. 1, compared with 352,000 COVID-19 deaths in the first 10 months of the pandemic.

Over the last month, the U.S. has reported more than 47,000 deaths.

Oct 05, 8:06 pm
2,200 Kaiser Permanente employees on unpaid leave due to vaccine mandate

Over 2,000 Kaiser Permanente employees are on unpaid leave following the health care system’s COVID-19 vaccine mandate deadline, the company said Tuesday.

Kaiser Permanente’s 240,000 employees had until Sept. 30 to respond to the requirement. As of Monday, 2,200 people — about 1% of the company’s workforce — had been placed on unpaid leave for not complying, the company said.

That number has more than halved in the days since the deadline. On the morning of Oct. 1, roughly 5,000 employees were on unpaid leave.

Those on unpaid leave have until Dec. 1 to get the vaccine or secure a qualified medical or religious exemption, at which point they may return to work. If they do neither, they may be eligible for termination, Kaiser Permanente spokesperson Marc Brown told ABC News.

“We hope none of our employees will choose to leave their jobs rather than be vaccinated, but we won’t know with certainty until then,” Brown said. “We will continue to work with this group of employees to allay concerns and educate them about the vaccines, their benefits, and risks.”

Oct 05, 5:47 pm
FDA could authorize vaccine for young kids soon after Oct. 26 meeting, vaccine chief says

The Food and Drug Administration could issue an emergency use authorization of the Pfizer vaccine for children ages 5 to 11 soon after Oct. 26, when the agency’s advisory committee plans to discuss Pfizer’s data, the FDA’s vaccine chief said Tuesday.

Dr. Peter Marks couldn’t give an exact day, but said the FDA has “a track record of trying to move relatively swiftly” after these committee meetings and feels the weight of the world — and then some — to get this done.

“When we did the adult approval, we felt the weight of the world,” Marks told ABC News during the Q&A portion of a town hall hosted by the COVID-19 Vaccine Education and Equity Project. “Here, we feel like the weight of the world, plus the weight of Mars on top of us, or some other planet as well.”

“This is clearly one of the most important issues to get done so we’re not going to be wasting any time,” he added.

Marks said he’s confident that the FDA will would have all necessary data from Pfizer in time for the meeting.

Last month, Pfizer said data shows its vaccine is safe and effective for children ages 5 to 11.

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