ANNOUNCER: Major funding for Spotlight News, provided by -- >> The members of the New Jersey Education Association.

NJM Insurance Group.

Serving the needs of New Jersey residents for more than 100 years.

And by the PSEG foundation.

BREANA: heading to the Supreme Court to fight paying for government monitors in a case that could significantly change federal regulations.

Also, suspension lifted.

>> it was absolutely unjust.

First and foremost, everyone has a right to freeze.

BRIANNA: Rutgers University reinstates the students for Justice in Palestine Group after claims they violated campus policy.

Plus a new legislative session by the same old fight to ban smoking in casinos as workers rally to keep their calls alive.

>> Smoking ban needs to end once and for all.

There will be no compromise.

BRIANNA: And brief -- grief instruction.

New curriculum in the classroom mandates teaching students to process grief and loss.

>> This bill, I think is actually transformative for the students of New Jersey.

It's really showing the value of grief being part of mental and emotional Wellness.

BRIANNA: NJ Spotlight News begins right now.

♪ ANNOUNCER: from NJPBS studios, this is "NJ Spotlight News" with Brianna Vannozzi.

BRIANNA: Good evening and thanks for joining us this Wednesday night.

I'm Briana Vannozzi.

A years-long battle between a group of New Jersey fishermen and the federal government landed at the U.S. Supreme Court today.

Four commercial fishing companies who catch Herod off the waters of Cape May are fighting it with 20 federal rule the clearing them to.

The salaries of federal monitors who watch over their operations and at times, hop on board to collect data and make sure rules are followed.

The court decision could deliver into other industries, weakening the ability of the federal government to regulate everything from the environment to food safety, even the workplace.

As serious correspondent Brenda Flanagan reports, it is one of the most consequential cases the justices will decide this year.

-it Cape May company is making legal waves over being ordered to pay up to $700 a day for federal monitors.

These officials go out with fishing boats to make sure they follow the rules and quotas.

The company claimed they couldn't afford it and they sued, backed by legal firepower from a conservative group which will justices -- >> Commercial fishing is hard, space is tight and margins are tighter still.

Therefore for my client having to carry federal observers on board is a burden, but having to salaries is a crippling blow.

REPORTER: The institute argued Congress never intended hearing fishermen to pay big bucks for monitors when it passed laws to safeguard fisheries.

It seeks not just released for the fishermen, but also to scrap a long-standing Newco document which advises court to refer to federal agencies when argument the over how to best interpret ambiguities in the law.

He called it inherently political.

>> I don't have enough votes in Congress to make it clear.

So I will leave it ambiguous and then give it to my friends in the agency and they will take it from here.

Reporter: Clement cleaned with the new pushing numerals rules every four years, agencies can flip-flop on regulations to suit vertical objectives.

By the solicitor General Elizabeth from afar said Congress cannot always foresee every legal question that might arise.

That is where Chevron can offer legal guidance.

>> Chevron recognizes that when Congress hasn't decided and someone will have to fill in the gap and it is a question of whether it should be the courts or the agency, there is a presumption here that Congress intended it to be the agency, that owners with the guardrails about making sure the agency's instruction is reasonable.

Reporter: The Supreme Court has cited Chevron and its decision since 2016 and observers expect the new conservative majority could seek a major overhaul if not overturning the doctrine, according to the records law professor.

>> I would be shocked to have Chevron overruled out right, especially to the extent of the court saying something like, " It's never appropriate to give deference to an agency."

I think even the Chevron skeptics acknowledged it is impossible really to imagine a world where there isn't at the very least some sort of special consideration or special weight given to what the government says.

REPORTER: Overturning Chevron could open a legal floodgates, disrupting regulations on everything from the environment to health care, consumer safety, and gun control.

It would shift power from federal agencies to the courts.

>> There are big interests at stake because there are dozens in that case, the decisions that could be displaced and create chaos if Chevron is overruled.

REPORTER: But the fishermen's attorney argued properly settled cases would remain intact.

What does it mean for the herring fishermen in Cape May?

The Supreme Court is expected to rule summer.

I am Brenda Flanagan, NJ Spotlight News.

BRIANNA: The pool from families of hostages being held in Gaza is getting more desperate, begging the U.S. government to help bring them home after 103 days in captivity.

Today the American and Israeli families of hostages shared graphic and harrowing stories about last words with their loved ones during a bipartisan press conference at the U.S. Capitol.

The mother of 19-year-old to Native you done Alexander was among the group, holding a poster bearing his face, but she did not speak.

The push for a hostage release comes as the conflict between Israel and Hamas spreads in the Middle East and public support for a cease-fire increases, with you and reports revealing more than 22,000 Palestinians have been killed in the war.

Here at home, tensions are also high, especially on college campuses.

Today Rutgers University lifted the suspension on its students injustice Palestine chapter following an investigation into alleged disruptive behavior.

But as Melissa Rose Cooper reports, members for the move was an effort to silence their voices.

>> As a result of our collective efforts as students, we proudly announce that students for justice in Palestine has been reinstated at Rutgers University.

[CHEERS AND APPLAUSE] REPORTER: A round of applause at members of students for justice in Palestine announced they had been reinstated after Rutgers New Brunswick suspended the organization last month.

The university saying its decision to suspend the group was as a result of multiple complaints at gatherings and events, that cause people on campus to feel unsafe.

>> First and foremost, everyone has a right to free speech.

Nobody has ever threatened anybody with any type of violence, rather, SJP members have been threatened themselves, and that should be cause of academic or criminal consequences.

Not fighting for Palestine.

REPORTER: Members of the group maintain other actions have included peaceful protest, and state Rutgers field to protect their rights to express support for Palestine.

>> There is genuinely something very dystopian as a Palestinian going to school, doing work and taking exams while your family is currently displaced, dead, or missing in the rubble.

Rutgers, a university that prides itself on its diversity could have supported Palestinian students suffering during this time.

Instead, our university has chosen to suppress our voices, experiences, and demands.

>> the unprofessional manner in which the administration has treated their grieving Palestinian students is yet another example of the disappointing and poor leadership on campus and which reminds us that in the struggle for freedom, it is us, the students, community and grassroots organizers who keep us safe.

.

Reporter: Now the students want records to carry on several demands including issuing a public apology for the suspension.

>> Students face unprecedented harassment and doxing due to the Rutgers administration, including the leaking of our suspension letter which included the name of an SJP organizer.

Reporter: Records insists the suspension was instead as a result of their protest in non-public for -- forums that cause disruption to classes.

Issuing a statement, "Rutgers stands against Islamophobia, and antisemitism and all forms of bias and hate.

The University strives to be a supportive environment for all of our students, faculty and staff while adhering to our commitment to free speech.

We reject absolutely intolerance based on religion, national origin, race, gender, sexual orientation, or political views."

>> Over 150 student organization signed on to our calls for reinstatement.

Cover letter has over 20,000 legs on Instagram.

For context, that is over half the school's total number of students enrolled.

It's a big number.

Reporter: While SJP has been reinstated, the organization remains on probation until the other the year.

Students say they will continue to exercise their freedom of speech and push for Rutgers to take responsibility for its actions.

I am Melissa Rose Cooper.

BRIANNA: A kink in the firehose disoriented a Newark firefighter last summer as he was using the line to lead them to safety during that fatal blaze, on the Chief Rufus Jackson in Port Newark.

The testimony of the fire captain added to the disturbing picture being painted for federal investigators who are leading a public hearing into the response of the cargo ship fire that took the lives of two firemen.

Back testimony continued today and as Ted Goldberg reports, the firehose error was one of many prickle issues during the response.

>> What limiting factors do you think challenged this response?

>> I don't know.

REPORTER: Newark fire Chief Rufus Jackson was question for more than three hours today, explaining the division, protocol in the wake of last summer's deadly fire.

Jackson said there were a litany of issues fighting the fire, but manpower was not one of them.

>> I wouldn't say it was an issue.

The weather, and then beating that the men and women were taking from the heat.

People were just exhausted.

And trying to do whatever they could to help.

Reporter: chief Jackson testified that Newark's firefighters haven't received much training for ship fires.

>> It since 2014, none of you members have been sent for firefighting training?

>> No.

REPORTER: According to Jackson, there were a lot of obstacles that could interfere with scheduling training, like the cost and the absence of who many firefighters on it once.

He testified that the last in person training was in 2014, nine years before the fire at Port Newark.

>> There was supposed to have been another course in July which was a work through -- walk-through of the actual ship.

And it was, from what I got, it was canceled because of labor issues they were having.

>> What, if any standard operating procedures or policies does the new work fire department have in relationship to shipboard firefighting?

>>, there is none.

>> do you feel like you are equipped to conduct shipboard operations?

>> No.

REPORTER: This captain was fighting the flames, along with Lynn Brooks Junior and Augusta a couple, the firefighters who died aboard the Chief Rufus Jackson.

Cap -- the captain testified that the scenes on board were hectic and organized.

>> Was anybody on board taking accountability?

>> Firefighter and rescue was at the door.

>> And how was accountability being taken?

>> I guess mentally, by memory.

>> there wasn't a tag system?

>> No.

>> My understanding is sometimes firefighters will use tags and for a physical board.

Was that being used that day or just paper?

>> they do have tags.

I'm not sure.

>> Chief Jackson repeated what other firefighters said earlier this week, firefighters on board had trouble understanding the crew of the Italian cargo ships, and as confusion built up, did the fire.

>> There was a tough language barrier with them.

The lighting was bad in there festival on the first level.

And the mat was so involved.

REPORTER: According to Jackson's testimony, the Newark fire division does not have a transmitter at the ready in case something like this happens.

In fact he said up until last summer, the Responsible a cargo ship fire wasn't entirely different to that of a building on fire.

>> When the call comes in that there is a shipboard fire in the port of New York, are there assets sent to the scene any different than the assets sent to a C for structure fire?

>> prior to this, I would say yes.

Knowing now what I know, no.

Reporter: The hearing is scheduled to wrap up tomorrow but if the Coast Guard once to hear more about last summer's tragedy aboard Port Newark they could quote more witnesses on Friday.

In Union, Ted Goldberg, NJ Spotlight News.

BRIANNA: Senator Bob Menendez and his wife Nadine are asking a federal judge to give them separate trials for the corruption charges they face in New York.

The attorneys argue that the couple will be forced to testify against each other under our joint trial.

Menendez and his wife were each charged last fall with aiding three New Jersey businessmen in exchange for cash gold bars and a luxury car.

Senator Menendez is also accused of acting as a foreign agent while serving as the powerful chairman of the Senate for an -- the Senate foreign relations committee.

All have plead not guilty to the charges.

How will this request for separate trials affect the case ?

I am joined by the former assistant U.S. Attorney for New Jersey to explain.

Chris, always good to have you on the show.

When looking at this request, is it unusual for a husband-and-wife to put it out on these grounds that they may possibly be sharing confidential information?

Guest: I don't think it is unusual.

I have seen it on repeated occasions.

What is unusual is the possibility of the court actually granting it, because the allegations are that Senator and Misses Menendez are involved in the criminal conspiracy that they gain from and the federal system we favors joint trials for people indebted to promote efficiency and serve the interests of justice by preventing inconsistent verdicts and two separate trials.

BRIANNA: Is in there a risk, though, that one might end up testifying against the other and it goes against their constitutional right they are married.

Guest: There is a risk.

That is what the defense raised in your motion.

They found some favorable caselaw out of the Third Circuit.

The case is charged out of the Second Circuit.

It is possible.

We will see what the court does, they have to respond 14 days from when they file.

There is a crime fraud exception to anybody claiming that marital communications privilege applies.

This hearing behind it is that it two people are married or involved in some kind of criminal conspiracy or activity, that falls outside of the privacy of marriage and, therefore, the privilege does not apply.

I anticipate that is what the government's response will be.

The period of this indictment is January 2 18 through June of 2022, so this only applies to the communications from when they were married forward which I think is October 2020.

We will see how the court resolves it.

BRIANNA: That is a good point, in thinking about how likely it is and whether or not prosecutors would be amenable to essentially trying a case twice because that is what would happen here if these end up being split, no?

Guest: It would be.

And, again, the federal system historically favors avoiding that very problem for inefficiency reasons, for the inconvenience of multiple trials and expenses.

What you see in the moving papers is they say words to the effect of that determinant is may testify.

In the case law that I have read, speculation Tomika Miller sunlight this is often times -- to make a motion like this is oftentimes not enough.

It has to be demonstrated that there outweigh the expense and is actual prejudice that will outweigh the expense and inconvenience of separate trials and they have to make a showing on how the dissipated defense would be specifically prejudiced.

It has to be clear and substantial and resulting in a manifestly unfair trial.

I didn't see that in the moving papers.

I suspect you will see that point be exploited and raised in the government's response.

BRIANNA: I suspect it will certainly be raised.

I have to agree with you.

The Senator's lawyers they are also asking for this case or trial, if it goes to trial, to be moved to New Jersey.

What is the likelihood there, and what are the potential implications for prosecutors if it comes to the New Jersey side?

Guest: It is generally difficult to transfer venue unless you can show some kind of prejudice similar to what we are talking about.

It doesn't make a lot of sense because the jurisdictions are so close together, they share the same media markets, so I don't know what the change in venue would gain them.

It would be a different story if they were trying to transfer somewhere to the southwest but, again, we are talking about a federal senator here who has some name recognition, you know, through his role and unfortunately through past charges that were you know highly covered in the media in the past.

I suspect that will be an uphill battle for the defense.

BRIANNA: Chris Gramiccioni is a former assistant U.S. Attorney for New Jersey.

Thank you so much.

BRIANNA: In our spotlight on business report, the fight over an indoor smoking ban isn't over for casino workers who rallied today at Senator Vance Latinas office.

They are calling on the legislature to pass a bill closing the loophole on the state's decades old indoor smoking ban that is allowed people to continue letting up on casino floors.

United Auto Workers union represented dealers at three of Atlantic City casinos.

Today Representatives said , they are frustrated with lawmaker like Polistina who originally supported an all-out ban.

The bill failed.

He is now considering introduce -- introducing a compromise bill that would phase in a ban over several years and include so-called smoking rooms where workers could opt out.

Opponents argue through the casino industry will lose revenue and jobs to neighboring states where smoking is still allowed.

The senator vowed to find another way forward.

>> I think it is a continuation of the dialogue with all the parties involved to see if there is a path forward which will get everybody to avoid remand up with no more smoking on the floor, that is the globe you're after.

♪ BRIANNA: Turning to Wall Street, stocks filed today, signaling no let up to a rough January.

Here is how the markets closed.

ANNOUNCER: support for the business report is provided by Junior achievement of New Jersey, providing students with skills and knowledge to explore, choose and advance their career paths for a bright future.

Online at janj.org.

♪ BRIANNA: New Jersey's teenagers have already lived through a deadly pandemic and the height of the youth mental health crisis, so it is time, according to a new law spearheaded by Republican Senator John Bramnick for schools to support them.

New guidelines now make New Jersey the first in the nation to require grief instruction, teaching students about grief, loss, and hope.

Senior correspondent Joanna Gagis reports.

>> This bill, I think is actually transformative for the students of New Jersey.

It's really showing the value of grief being part of mental and emotional Wellness.

Reporter: the bill that Evelyn moon from the counseling center "good grief" is referring to, brings grief education into New Jersey's classrooms.

It was sponsored by Senator John Bramnick and just passed through both houses of the legislature unanimously and was signed by Governor Murphy last week.

>> When I saw what young people were going through and how it was important for them to learn how to grieve or deal with loss, I said, this is absolutely necessary in the schools.

REPORTER: The grief instruction will be offered as part of the health curriculum for grade B through 12.

It is something that those who have experienced grief will tell you is a major need not just in our schools, but in our society where we just don't know how to talk to those who have lost a loved one.

Especially for young people, it can lead to dangerous isolation.

Tyneka Johnson experienced it when she lost her 25 year old son Jerome in 2015.

>> Not that people intentionally like ostracized, but they don't know what to say.

It is an awkward moment.

Either they would completely talk about something completely different and unrelated, or I will say this, I had people who said the wrong things too.

"He is in a better place."

Or "you have other children, just focus on them."

Those are the things that for me, were heartbreaking to hear.

REPORTER: Because of her own pain, she says she struggled to support her younger kids who were 18, 15 and 13 when Romy died.

Her youngest struggled in school, and counselors even informed her they did know how to support her.

>> I am excited that this is now a law.

It will teach students to know who to go to if and when it happens.

So this is a great opportunity for our students to learn some coping skills and some coping mechanisms prior to their experiences with serious losses in their lives.

>> ask anyone who has lost a loved one where they are in school or when they were young, no one knew what to say to it including the teachers.

I will tell you a story.

There was a nine-year-old girl who was asked to draw her family, as they sometimes ask children to do.

She drew her family, including her eight-year-old brother who had died.

And the teacher failed her and said, you can't put your brother in.

>> So much of it is our own stuff.

Our discomfort.

We either want to make the person immediately feel better, or we want to quickly move it along because it is making us uncomfortable.

We don't know what to say or how to hold space for this.

Reporter: Good grief has already developed a training program for schools but helps those who are suffering and teaches those around them to help.

>> There is not to you can do that can fix it in that moment, but you can give them your presents, your time, you're listening, your empathy.

You can do all those things.

And then for the griever, things we can practice with them is some of those mindfulness activities -- breathing, grounding, journaling.

Reporter: Bram Nick hopes that "good grief," along with another support organization for coping with loss will work with the Department of Education to develop a Statewide curriculum that's slated to roll out in September.

I am Joanna Gagis, NJ Spotlight News.

BRIANNA: And that does it for us tonight.

But don't forget to download the NJ Spotlight News podcast so you can listen anytime.

I am Brianna Vannozzi.

For the entire NJSpotlightNews team, thanks for being here.

Have a great evening.

We will see you back here tomorrow.

♪ ANNOUNCER: New Jersey Education Association.

Making public schools great for every child.

And, let's be healthy together.

♪