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Court to decide if SeaWorld whales are illegal ‘slaves’

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A California federal court is to decide for the first time in US history whether amusement park animals are protected by the same constitutional rights as humans.

The issue arises from a lawsuit filed by rights group People for the Ethical Treatment of Animals (PETA) in a San Diego court on behalf of five orcas named Tilikum, Katina, Corky, Kasatka and Ulises.

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The whales perform water acrobatics at the SeaWorld amusement parks in San Diego and in Orlando, Florida.

PETA argues that continuing the whales’ “employment” at SeaWorld violates the 13th Amendment to the US Constitution, which prohibits slavery.

District Judge Jeffrey Miller heard arguments in the complaint Monday and reviewed the response from SeaWorld, which asked that the lawsuit be dismissed. His ruling is expected to come later.

The suit, filed in October 2011, asked that the court declare that the orcas are “held in slavery and/or involuntary servitude by defendants in violation of the Thirteenth Amendment to the United States Constitution.”

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“It’s a new frontier in civil rights,” said Jeff Kerr, PETA general counsel, who described the hearing as a “historic day.”

“Slavery does not depend on the species of the slave any more than it depends on race, gender or ethnicity,” he argued. “Coercion, degradation and subjugation characterize slavery and these orcas have endured all three.”

The complaint says the five killer whales are represented by their “friends” at PETA, which include three former killer whale trainers, a marine biologist and the founder of an organization that seeks to protect orcas.

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The complaint demands that the court “appoint a legal guardian to effectuate plaintiffs’ transfer from defendants’ facilities to a suitable habitat in accordance with each plaintiff’s individual needs and best interests.”

SeaWorld’s motion to dismiss argues that, the aendment “only protects people, not animals, from slavery and involuntary servitude.”

The courts lack authority to extend the amendment to animals, which could “open a veritable Pandora’s Box of inescapable problems and absurd consequences,” SeaWorld argued in motion to dismiss last year.

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The case is unprecedented not because no laws cover the issue but because PETA’s claims “are so baseless that no party has ever wasted the time, energy and expense of any court in making such claims in a lawsuit,” SeaWorld argued.

In 2010, Tilikum drowned a trainer after a show in Orlando and was kept in “complete isolation” in a small concrete tank afterward, PETA said.

SeaWorld denied any implications of cruelty to animals, instead accusing PETA of trying to get attention for itself with its lawsuit.

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“While PETA continued to engage in this publicity stunt, SeaWorld San Diego was returning four rescued and rehabilitated sea lions to the wild,” SeaWorld said in its response.

“SeaWorld remains the standard for zoological stewardship of marine animals and we reject any challenge to the conditions and quality of care for these remarkable animals,” SeaWorld said.

“The welfare of our whales is enshrined in numerous federal and state laws, including the Marine Mammal Protection Act and the Animal Welfare Act.”


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Bill de Blasio learned of federal investigation — and suspended his 2020 bid the next day: report

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New York City Mayor Bill de Blasio announced on MSNBC's "Morning Joe" on Friday that he was ending his campaign for the Democratic Party presidential nomination.

There may have been more to the timing than previously reported.

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"The revelation that Trump pushed Zelensky to pursue the Biden probe, which was first reported by The Wall Street Journal, represents the most detailed account so far of the president’s conduct that prompted a U.S. intelligence official to file a whistleblower action against the president," The Washington Post reported Friday. "The disclosure comes amid new details about the White House’s role in preventing Director of National Intelligence Joseph Maguire from complying with Congressional demands for the material in the complaint."

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Watch Ex-CIA official break down the ‘three crimes’ Trump committed if Ukraine scandal is true

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President Donald Trump could be charged with committing three federal crimes if the whistleblower reports involving the White House seeking campaign interference from Ukraine are correct.

MSNBC "Deadline: White House" anchor Nicolle Wallace interviewed Jeremy Bash on Friday -- and worried about the safety of the whistleblower.

"The stakes could not be any higher, the risk to his career -- or her career -- and reputation and perhaps legal standing could not be any higher for this whistleblower. That's why we’re glad to be joined by national security analyst, former chief of staff of the CIA and Department of Defense, someone I wanted to talk to about this story all week, Jeremy Bash," Wallace said.

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