(WASHINGTON) — Special counsel Jack Smith’s lengthy court brief seeking to justify his latest superseding indictment against former President Donald Trump on charges that he sought to subvert the 2020 election has been filed under seal with U.S. District Judge Tanya Chutkan, a spokesperson for Smith’s office confirmed to ABC News Thursday.
“We have complied with the court’s order,” spokesperson Peter Carr said.
The brief presents Smith’s argument on how the Supreme Court’s ruling on presidential immunity applies to the former president’s criminal case.
Whether any portions of the filing will be made public now rest in Judge Chutkan’s hands.
Smith has also filed a proposed redacted version of the filing that his office determined would be appropriate for public release.
Trump’s defense attorneys will have a chance to make their own counterarguments objecting to the release of information in the brief.
Chutkan on Tuesday granted Smith’s request to file an oversized 180-page brief, exceeding the standard 45-page limit.
In July, the Supreme Court ruled in blockbuster decision that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office — effectively sending the case back to Chutkan to sort out which charges against Trump can stand.
Smith then charged Trump, in a superseding indictment, with the same election interference offenses in the original indictment, but pared down and adjusted to the Supreme Court’s presidential immunity ruling.
Chutkan subsequently ruled that Smith could file a comprehensive brief supporting his presidential immunity arguments.
(NEW YORK) — A NASA employee testified during a weekslong hearing on the implosion of OceanGate’s Titan submersible that the agency had disagreements over the sub maker’s press materials mentioning NASA.
Justin Jackson, a materials engineer with NASA, testified Thursday during the U.S. Coast Guard’s hearing into the June 2023 implosion of the OceanGate submersible, which killed all five passengers while on a deep-sea dive to the Titanic shipwreck.
Jackson said OceanGate’s then-chief operating officer initially reached out to NASA to manufacture a composite hull and they signed an agreement under the Reimbursable Space Act Agreement in early 2020.
NASA had an interest in the fabrication of a thick composite hull for “exploration applications,” though the COVID-19 pandemic prevented the agency from manufacturing or testing one for OceanGate, he said.
NASA did provide remote consultation to OceanGate on a one-third scale mockup, including a plan to try to fabricate a thick-walled hull, Jackson said. Conversations with the company ended in 2021, shortly after a disagreement over press materials invoking NASA, he said.
Asked by investigators why NASA refused OceanGate’s request to use its name in a media release, Jackson said, “It was the language they were using was getting too close to us endorsing. So it was, our folks had some heartburn with the endorsement level of it.”
As previously reported by ABC News, in some public statements, OceanGate suggested that its Titan submersible was designed and engineered with the assistance of entities such as NASA and Boeing. In statements to ABC News in the wake of the catastrophic implosion of the Titan, each entity described its role in the Titan submersible, or lack thereof, as more limited than sometimes stated by OceanGate.
Investigators also heard from a witness with Boeing regarding the company’s past dealings with OceanGate over a carbon-fiber hull during the hearing on Thursday.
Boeing entered an agreement with OceanGate in 2013 to conduct a preliminary feasibility study for a concept vessel, the Coast Guard said. Boeing was asked whether it was feasible to “have a design with a certain amount of buoyancy and safety factor,” Mark Negley, a materials and process engineer with Boeing, said during his testimony.
Negley said Boeing did not manufacture any parts for OceanGate or give advice on the type of carbon fiber to purchase, and was not involved in materials testing.
Negley said Boeing did not work with OceanGate on subsequent requests from the submersible maker.
“I don’t know [why] exactly, you know, I think maybe we were too expensive,” he said.
OceanGate suspended all exploration and commercial operations after the deadly implosion, which killed five people, including its co-founder, Stockton Rush.
The hearing on the incident began on Sept. 17 and is scheduled to run through Friday in North Charleston, South Carolina, though the proceedings might be impacted by Hurricane Helene, the Coast Guard said.
The main purpose of the hearing is to uncover the facts related to the implosion and to make recommendations, the Coast Guard said.
(WASHINGTON) — Federal law enforcement officials plan to announce criminal charges Friday in connection with the alleged Iranian hack of emails from members of former President Donald Trump’s campaign, sources familiar with the matter told ABC News.
The Iranians allegedly gained access to data and files taken from the email accounts of Trump advisers, which included internal documents used to vet Trump’s perspective running mate, the sources said.
The Trump campaign, as victims, would be notified of any criminal charges that happen, as is standard Department of Justice practice.
Sources tell ABC News the Trump campaign has been informed.
A Justice Department official declined to comment when reached by ABC News.
A Trump campaign spokesperson also declined to comment.
Pavlo Gonchar/SOPA Images/LightRocket via Getty Images
(NEW YORK) — On the brink of trial, the cable news channel Newsmax on Thursday reached a settlement with voting machine company Smartmatic, bringing an end to a defamation lawsuit that accused the network of spreading multiple false claims surrounding the 2020 election.
Smartmatic had accused Newsmax of publishing dozens of false reports claiming that Smartmatic helped rig the 2020 election in favor of Joe Biden. Newsmax had argued, in part, that they were reporting on newsworthy claims of fraud.
“Newsmax is pleased to announce it has resolved the litigation brought by Smartmatic through a confidential settlement,” Newsmax said in a statement posted to their website.
Smartmatic did not immediately respond to ABC News’ request for comment.
The news comes as jury selection was already underway in Delaware, according to a court official, with opening statement set to begin Monday.
The amount of the settlement was not immediately disclosed.
In a separate case last year, Dominion Voting Systems reached a $787 million settlement with Fox News in a $1.6 billion defamation lawsuit that involved similar claims related to the election.
The Newsmax trial had been set to play out before the same judge that oversaw the Dominion case.
(NEW YORK) — Helene — which has strengthened to a Category 2 hurricane — is taking aim at Florida, where it’s forecast to make landfall along the Big Bend area on Thursday night.
Here’s how the news is developing:
Over 115,000 without power in Florida
More than 115,000 customers in Florida have lost power so far as Hurricane Helene nears landfall.
Latest forecast
Hurricane Helene is forecast to make landfall as a major hurricane between 9:30 p.m. and 11:30 pm. Thursday in Florida’s Big Bend region.
Because Helene is a very large hurricane, it will impact nearly all of Florida.
Helene is set to bring catastrophic storm surge up to 20 feet to the Big Bend area. Four to 8 feet of storm surge is expected around Tampa Bay.
The major 110 mph winds will cause widespread tree damage and power outages across the Florida Panhandle and the Big Bend area.
Tornado watches are in effect for most of Florida and parts of Georgia and South Carolina through Thursday night.
By Friday morning, Helene will weaken to a tropical storm as it moves north through Atlanta with heavy rain and strong winds.
Georgia should be prepared for hurricane-force wind gusts to cause damage and power outages.
Rainfall totals from Helene will be 6 to 12 inches, with locally up to 20 inches in some areas.
Catastrophic and life-threatening flash flooding, as well as significant landslides, are expected across portions of the southern Appalachians through Friday. There is an extreme flood risk from Tallahassee, Florida, to Atlanta to Asheville, North Carolina.
-ABC News’ Melissa Griffin
All of Georgia will be impacted, governor warns
All counties in Georgia are under a state of emergency as Hurricane Helene nears.
“This is a big storm — it’s going to affect the entire state,” Georgia Gov. Brian Kemp said.
“This storm is one of the biggest we’ve ever seen in the Atlantic in terms of size, covering nearly 500 miles,” he said.
Kemp cautioned about the potential for flash flooding and tornadoes, particularly in areas on the “dirty side” of the storm
“This storm will bring strong winds and a lot of rain. Flooding and even landslides in mountainous areas are a real possibility,” he said.
-ABC News’ Jason Volack
Helene strengthens to major Category 3 hurricane
Helene strengthened to a major Category 3 hurricane with 120mph winds on Thursday afternoon.
Helene could strengthen even more before it makes landfall Thursday night.
Over 50,000 without power in Florida
More than 50,000 customers in Florida have lost power so far as Hurricane Helene nears landfall.
‘Take the storm seriously,’ FEMA administrator warns
FEMA Administrator Deanne Criswell is warning everyone in the path of Hurricane Helene to “take the storm seriously.”
“Listen to your local officials. If they tell you to evacuate, please do so. And if they tell you to shelter in place, then that’s what you should do,” she said at a news conference. “They’re going to give you the best information that you can do, for your specific situation. Those decisions can save lives.”
Over 1,100 personnel from the federal government are supporting storm efforts, Criswell said.
“We also have an additional 700 personnel from FEMA that are already in these states, supporting other disasters, that we can quickly pivot to support any of the response needs as needed,” Criswell said. “Some of the resources that we have already deployed include eight search and rescue teams across Florida and Georgia, as well as resources from the Coast Guard, the Department of Defense to immediately support any lifesaving operations as needed.”
-ABC News’ Justin Ryan Gomez
North Carolina flooding could be catastrophic, governor warns
North Carolina Gov. Roy Cooper described Helene as an unusually dangerous storm that threatens to bring heavy rain and potentially catastrophic flooding to central and western North Carolina on Thursday night and Friday.
Helene is forecast to drop more than 1 foot of rain to parts of western North Carolina, and even cities like Charlotte could see flash flooding despite not being in the storm’s direct path, officials said.
President Joe Biden has approved emergency declarations for states in Helene’s path, including North Carolina.
-ABC News’ Alex Faul
Latest forecast
Helene is forecast to strengthen to a major Category 3 hurricane with 120 mph winds by 8 p.m. Thursday.
Landfall is expected Thursday night, between 10 p.m. and midnight, southeast of Tallahassee.
After landfall, the fast-moving Helene will push strong winds inland to northern Georgia.
On Friday morning, catastrophic flash flooding is a major threat from northern Georgia to Asheville, North Carolina. That area already saw up to 6 inches of rain over the last 24 hours from a separate storm, and Helene could drop another 10 to 20 inches of rain.
The remnants of Helene will stall over the weekend in the Tennessee, Ohio and Mississippi River valleys. Flooding is possible in Tennessee, Kentucky and Arkansas.
-ABC News’ Max Golembo
Over 1,000 flights canceled
Airlines have canceled over 1,000 flights across the country as Hurricane Helene moves in.
The airports seeing the biggest impacts are Hartsfield-Jackson Atlanta International Airport, Southwest Florida International Airport in Fort Myers and Tampa International Airport.
Tampa International Airport, Tallahassee International Airport and St. Pete-Clearwater International Airport are all closed on Thursday.
‘Very large’ Hurricane Helene nearing Category 3 winds
Helene is now a Category 2 hurricane with 105 mph winds as it barrels toward the Florida Panhandle.
Category 3 — which is considered a major hurricane — begins when the storm’s winds reach 111 mph.
Helene is forecast make landfall Thursday night, between 10 p.m. and midnight, as a Category 3 hurricane with 120 winds.
Helene is “very large,” so the storm’s rain, wind and storm surge “will extend far away from the center and well outside the forecast cone, particularly on the east side,” the National Hurricane Center warned.
“Comparing the system with previous hurricanes in the Gulf of Mexico over the past couple of decades, Helene is at the upper bound in terms of size,” the NHC said.
-ABC News’ Max Golembo
North Florida residents in evacuation zones should leave now: Governor
North Florida residents who are in evacuation zones should leave now, Florida Gov. Ron DeSantis warned Thursday morning, since Hurricane Helene’s outer bands are quickly approaching the coast.
Florida’s Division of Emergency Management has partnered with Uber to provide free rides to shelters for Floridians under a state of emergency. Riders can use the code HeleneRelief, officials said.
At least 80 health care facilities — including hospitals and nursing homes — are evacuating, officials said.
One of the biggest hazards is falling trees, DeSantis said. He urged people to take cover if they hear trees cracking.
-ABC News’ Alex Faul
‘Catastrophic’ flooding in the forecast
Hurricane Helene is forecast to bring six to 12 inches of rain, with isolated totals around 18 inches, to the Southeast.
The intense rainfall could cause “catastrophic and potentially life-threatening” flooding, the National Hurricane Center warned.
What to know about storm surge
Helene is a large storm, so it could bring life-threatening storm surge for the entire west coast of the Florida Peninsula.
Storm surge could reach 15 to 20 feet in the Florida Panhandle. The Tampa area could get 4 to 8 feet of storm surge.
Helene strengthens to Category 2
Helene has strengthened to a Category 2 hurricane with winds of 100 mph.
The storm will continue to strengthen throughout the day and is forecast to be a major hurricane by the time it makes landfall Thursday night.
Damaging winds expected as Helene’s speed increases
Hurricane Helene’s landfall may see “damaging winds” penetrate as far inland as major metro areas like Atlanta, Georgia, the National Hurricane Center warned.
A hurricane warning is currently in place for parts of Florida and Georgia. This includes Tallahassee and Apalachicola, Florida, and Valdosta, Columbus and Macon, Georgia.
A tropical storm warning is in place for cities including Miami, Orlando, Jacksonville and Atlanta. Dothan, Alabama, Charleston, South Carolina, and Asheville, North Carolina are also under tropical storm warnings.
The hurricane is expected to gather speed to Category 3 status — with winds of 111 mph and above — by the time it makes landfall on the Florida coast on Thursday night.
Helene’s damaging winds could reach Atlanta and other cities by Friday morning, subsequently passing into the Appalachians and Ohio Valley by Friday afternoon.
Helene strengthening ahead of Thursday landfall
Hurricane Helene is strengthening as it approaches landfall in Florida, with winds at 90 mph as of Thursday morning.
Helene remains a Category 1 hurricane. Category 2 status begins with winds of 96 mph.
Landfall is projected after 9 p.m. ET on Thursday southeast of Tallahassee.
The National Hurricane Center predicted that Helene will be a Category 3 hurricane — with winds of more than 111 mph — by the time the storm makes landfall.
Storm surges are predicted to be 15 feet and above in Florida’s Big Bend area and between 4 and 8 feet in the Tampa Bay area.
Extreme flash flooding remains a major concern in Georgia and the Carolinas through Thursday night and into Friday morning.
Latest forecast
Helene — currently a Category 1 hurricane with sustained winds of 85 mph — is now located about 425 miles south-southwest of Tampa, Florida.
The worst of the storm surge — up to 20 feet — is expected in Florida’s Big Bend area, where Helene’s set to make landfall.
Landfall is forecast between 8 p.m. and 11 p.m. Thursday as a major Category 4 hurricane with winds up to 130 mph.
Six to 12 inches of rain is in the forecast, with 18 inches projected locally.
MLB postpones Mets-Braves games in Atlanta due to weather forecast
Major League Baseball announced Wednesday that the scheduled games between the Atlanta Braves and the New York Mets at Truist Park in Atlanta this week have been postponed due to the forecast and the inclement weather.
The games originally scheduled for Wednesday and Thursday nights have been moved to a doubleheader on Monday, Sept. 30, according to the MLB’s statement.
The first game will begin at 1:10 p.m. ET and the second game will begin 40 minutes after the last out of the first game, the MLB said.
Monday is a single-admission doubleheader with only one ticket required for both games, according to the statement.
Helene forecast to make landfall as Category 4
Helene, currently a Category 1 hurricane, is forecast to make landfall as a major Category 4 hurricane with winds up to 130 mph.
Landfall is forecast between 8 p.m. and 11 p.m. Thursday in Florida’s Big Bend region.
Mandatory evacuations in effect in at least 20 Florida counties
Mandatory evacuations are in effect in parts of at least 20 Florida counties, including Taylor, Sarasota, Gulf and Hillsborough.
North Carolina, Georgia declare states of emergency
North Carolina and Georgia have declared states of emergency ahead of Hurricane Helene, their governors announced on Wednesday.
“The current forecast for Hurricane Helene suggests this storm will impact every part of our state,” Georgia Gov. Brian Kemp warned in a statement. “We are not taking anything for granted, which is why I have directed appropriate state agencies to work around the clock to ensure we’re prepared for whatever is heading our way.”
The heavy rain, flash flooding and winds are also threatening the mountains and Piedmont areas of North Carolina, North Carolina Gov. Roy Cooper said. The state is preparing water rescue teams and urban search and rescue teams to help respond to the storm, he said.
Universities, schools close as Helene approaches
Florida A&M University, the University of Tampa, the University of Florida and Florida State University’s Tallahassee campus have all announced closures ahead of Hurricane Helene’s landfall. The University of Tampa is under a mandatory evacuation order.
Younger students will also be out of school. Only six out of Florida’s 67 counties have public school districts that will remain open on Thursday. Public schools are also closed in Atlanta on Thursday and Friday.
-ABC News’ Alex Faul
Helene’s latest forecast
Helene, currently a Category 1 hurricane, is forecast to make landfall between 8 p.m. and 11 p.m. Thursday as a major Category 3 hurricane.
Helene is a large storm, so it could bring life-threatening storm surge for the entire West Coast of the Florida Peninsula.
The worst of the storm surge — up to 18 feet — is expected in Florida’s Big Bend area, where Helene’s set to make landfall.
The Tampa Bay area could see up to 8 feet of storm surge; coastal flooding is possible as far south as Fort Myers and Naples.
After Thursday night’s landfall, Helene will bring heavy rain and high winds to the inland Southeast.
Flash flooding is a risk from the Florida Panhandle up to Asheville, North Carolina, and the Appalachians through Friday.
Five to 10 inches of rain is in the forecast, with 15 inches projected locally.
-ABC News’ Melissa Griffin
Helene’s latest forecast
Helene, currently a Category 1 hurricane, is forecast to make landfall between 8 p.m. and 11 p.m. Thursday as a major Category 3 hurricane.
Helene is a large storm, so it could bring life-threatening storm surge for the entire West Coast of the Florida Peninsula.
The worst of the storm surge– up to 18 feet — is expected in Florida’s Big Bend area, where Helene’s set to make landfall.
The Tampa Bay area could see up to 8 feet of storm surge; coastal flooding is possible as far south as Fort Myers and Naples.
After Thursday night’s landfall, Helene will bring heavy rain and high winds to the inland Southeast.
Flash flooding is a risk from the Florida Panhandle up to Asheville, North Carolina, and the Appalachians through Friday.
Five to 10 inches of rain is in the forecast, with 15 inches projected locally.
-ABC News’ Melissa Griffin
Mandatory evacuations in effect in at least 19 Florida counties
Mandatory evacuations are in effect in parts of at least 19 Florida counties, including Taylor, Sarasota, Gulf and Hillsborough.
Tampa, St. Pete-Clearwater airports to close
The Tampa International Airport will close at 2 a.m. Thursday ahead of Hurricane Helene, officials said.
Airport officials expect to reopen Friday.
The St. Pete-Clearwater International Airport is also closing on Thursday and plans to reopen Friday.
Universities, schools close as Helene approaches
Florida A&M University, the University of Tampa, the University of Florida and Florida State University’s Tallahassee campus have all announced closures ahead of Hurricane Helene’s landfall. The University of Tampa is under a mandatory evacuation order.
Younger students will also be out of school in counties including Pasco, Pinellas, Hernando, Citrus, Sarasota, Leon and Hillsborough.
-ABC News’ Alex Faul
University of Tampa students ordered to evacuate
The University of Tampa is ordering all students who live on campus to evacuate by 1 p.m. Wednesday, citing mandatory evacuation orders from Hillsborough County officials.
Hurricane Helene is forecast to bring dangerous storm surge to the Tampa Bay area.
“The residence halls will be closed after the evacuation concludes, and there will be no entry allowed into residential buildings until they are reopened following the storm,” the university said in a message to students.
The University of Tampa said it plans to resume operations on Monday.
-ABC News’ Alex Faul
Helene strengthens to Category 1 hurricane
Helene has strengthened to a Category 1 hurricane with sustained winds of 80 mph.
Helene — now located about 500 miles south-southwest of Tampa, Florida — is the fifth hurricane to form in the Atlantic Basin this season.
64 of Florida’s 67 counties under watches or warnings
Sixty-four out of Florida’s 67 counties are under alerts as Helene nears the state, said Kevin Guthrie, executive director of the Florida Division of Emergency Management.
Only three counties — Escambia, Okaloosa and Santa Rosa — are not under some type of watch or warning, like tropical storm, storm surge or hurricane, he said.
Wednesday is the last day for Floridians to finalize preparations before Helene hits, Florida Gov. Ron DeSantis warned.
All Floridians should be prepared for power outages, DeSantis added.
At least 12 health care facilities, including hospitals and nursing homes, are evacuating, and more may choose to do so in the coming hours, the governor said.
-ABC News’ Alex Faul
Extreme flash flooding possible in Blue Ridge Mountains in Georgia, Carolinas
Extreme flash flooding is possible in the Blue Ridge Mountains in Georgia, North Carolina and South Carolina.
First, a storm system separate from Helene is hitting the south on Wednesday. Up to 6 inches of rain is possible over the next 24 hours, bringing a flash flood risk from Atlanta to Asheville, North Carolina.
Then, Thursday afternoon through Friday morning, Hurricane Helene will bring even more extreme rain and flooding to the southern Appalachians.
A rare “high risk” alert for heavy rain has been issued. Up to 15 inches of rain is possible in some spots.
-ABC News’ Max Golembo
How storm surge works and why it’s so dangerous
Helene is forecast to bring 10 to 15 feet of dangerous storm surge to Florida’s Big Bend area, and 4 to 8 feet of storm surge to Tampa Bay.
In 2005, during Hurricane Katrina, at least 1,500 people died “directly, or indirectly, as a result of storm surge,” according to the National Hurricane Center.
Click here to read how storm surge works and why it’s so dangerous.
Helene nears hurricane strength
Tropical Storm Helene is nearing hurricane strength Wednesday morning as it churns just of the northeastern coast of the Yucatan Peninsula.
Helene is about 100 miles west-southwest from the western tip of Cuba.
Tropical storm forecast to ‘rapidly’ intensify into major hurricane
Tropical Storm Helene was expected to “rapidly” strengthen and grow in size as it moved on Wednesday into the Gulf of Mexico, U.S. weather officials said.
The storm as of about 4 a.m. local time had maximum sustained winds of about 65 mph, the National Hurricane Center said. It was expected to intensify into a hurricane on Wednesday, before further strengthening into a “major” hurricane on Thursday, the center said.
Helene early Wednesday was traveling northwest at about 9 mph, the center said.
“On the forecast track, the center of Helene will pass near the northeastern coast of the Yucatan Peninsula this morning, move across the eastern Gulf of Mexico on later today and Thursday, and reach the Big Bend coast of Florida late Thursday,” the center said.
Biden approves Florida emergency declaration ahead of Helene’s landfall
As Florida residents prepare for Tropical Storm Helene to make landfall Thursday, the White House has approved the state’s emergency declaration.
President Biden’s approval allows for federal assistance to supplement state, tribal and local response efforts.
The Department of Homeland Security and the Federal Emergency Management Agency (FEMA) will coordinate all federal disaster relief efforts, according to the White House’s statement.
Biden’s approval Tuesday comes as officials in Sarasota County announced a Level A evacuation order for portions of two neighborhoods beginning Wednesday morning at 7:00 a.m. ET.
Officials encouraged residents in Curry Creek, Hatchett Creek, Venice and those in Forked Creek, Englewood to be aware of the conditions and stay alert for further updates.
Hurricane warnings issued for portions of Florida’s Panhandle, Big Bend and Gulf Coast
On the current track, Tropical Storm Helene is forecast to make landfall late Thursday night, between 8:00 and 10:00 p.m. ET, as a major Category 3 hurricane with winds up to 115 mph in the Florida Big Bend region.
Hurricane warnings have been issued for Florida’s Panhandle, Big Bend and Gulf Coast regions and hurricane watch warnings have extended into southern Georgia.
Officials have issued tropical storm warnings from Naples and Fort Myers to Orlando and tropical storm watch warnings are in place across Florida’s east coast up to Savannah, Georgia.
Helene’s latest forecast
Helene is expected to strengthen to a hurricane on Wednesday as it enters the Gulf of Mexico and strengthen further to a major Category 3 hurricane by Thursday morning.
A hurricane watch is in effect in Florida from Tallahassee to Tampa, where hurricane conditions will be possible late Wednesday night through late Thursday night.
Wednesday night into Thursday morning, Helene’s outer bands will start to lash Florida’s Gulf Coast. The worst of the conditions will be throughout the day on Thursday.
Helene is forecast to make landfall Thursday night along Florida’s Big Bend region as a Category 3 hurricane. Winds could be up to 115 mph during landfall.
Helene is expected to be a large hurricane, which means impacts will extend significantly beyond the center, impacting most of Florida and much of the Southeast.
After landfall, Helene is forecast to quickly move north into Georgia, bringing heavy rain and strong winds to the South.
A significant flash flood risk stretches from the Florida Panhandle to South Carolina — including Tallahassee to Atlanta — Thursday night into early Friday.
-ABC News’ Melissa Griffin
How much rain, storm surge to expect
Ten to 15 feet of dangerous storm surge is forecast for Florida’s Big Bend area. Tampa Bay could see 4 to 8 feet of storm surge.
Four to 8 inches of rain is expected from Helene, with 12 inches locally, bringing major flash flooding.
Tornadoes are also possible on Wednesday and Thursday.
Damaging wind gusts over 100 mph will be possible in Tallahassee and Florida’s Big Bend area during landfall Thursday night.
-ABC News’ Melissa Griffin
Universities, schools close ahead of Helene
Ahead of Helene, Florida A&M University in Tallahassee canceled class from Tuesday afternoon through Friday. The university will be closed Wednesday through Friday.
Florida A&M said this weekend’s home football game and parents’ weekend will be rescheduled.
Florida State University said its Tallahassee campus will be closed from Wednesday morning to Sunday night.
FSU Tallahassee students can stay on campus during the closure, but should plan for possible power outages and be prepared to possibly stay inside all day Thursday, the university warned.
Officials in Florida are also closing public schools in multiple counties, including Pasco, Pinellas, Hernando, Citrus and Sarasota.
Mandatory evacuations have been announced in parts of Charlotte and Franklin counties.
Helene strengthens to tropical storm: Latest forecast
Helene, currently located about 180 miles east southeast of Cozumel, Mexico, strengthened to a tropical storm on Tuesday morning.
The forecast shows Helene moving through the Yucatan Channel Wednesday morning, bringing near hurricane-force wind gusts to Cancun, Mexico.
By Thursday morning, coastal flooding will reach Florida, including Naples and Fort Myers.
On Thursday night, Helene will make landfall near Apalachicola, Florida.
Dangerous wind gusts up to 105 mph are expected and storm surge will be a major threat for the Tampa Bay area.
By Friday morning, the center of Helene will be near Atlanta, bringing strong winds to Georgia, Tennessee, South Carolina and North Carolina.
Downed trees and power lines will be a major danger across the Southeast.
The flash flood threat will continue into the weekend in the Tennessee, Ohio and Mississippi River Valleys.
State of emergency declared in 61 Florida counties
Helene is forecast to be a major hurricane by the time it makes landfall Thursday night, Florida Gov. Ron DeSantis warned Monday.
A state of emergency has been declared in 61 of Florida’s 67 counties, DeSantis said.
“The Big Bend and Panhandle should be especially prepared for a direct impact,” the governor said, and he urged residents to know their evacuation zone.
“You have time to be able to put this place into place,” DeSantis said, noting Helene’s impacts could begin Wednesday.
Latest forecast
Helene will strengthen to a hurricane Tuesday night, and rain is expected to begin in Florida Wednesday afternoon into Thursday morning.
On Thursday evening, Helene will make landfall along Florida’s Big Bend area, located between Tallahassee and Gainesville.
Storm surge could reach up to 15 feet in the Big Bend area.
Heavy rain and strong winds are also major threats.
A hurricane watch is in effect for Florida’s Gulf Coast and a tropical storm watch was issued from Orlando to the Florida Keys.
By Thursday night into Friday, the storm will quickly push into Georgia with very heavy rain, gusty winds and possible flash flooding.
This weekend, the storm will stall over the Mid-South, bringing heavy rain and possible flooding to the Tennessee, Ohio and Mississippi River Valleys.
A flood watch has been issued in Florida from Fort Myers to Tampa to Tallahassee, as well as in southern Georgia and Alabama.
(MEMPHIS, Tenn.) — A former Memphis police officer testified Thursday at the federal trial of three ex-officers facing charges related to the January 2023 beating death of Tyre Nichols that he believes he panicked during the encounter.
“I lost my composure,” Desmond Mills Jr., who pleaded guilty to charges connected to the beating death of Nichols, said when he was asked about accidentally pepper-spraying himself during the encounter, according to WATN, the ABC affiliate in Memphis covering the case in the courtroom. “I felt like I was panicking.”
Justin Smith, Demetrius Haley and Tadarrius Bean were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
Mills and Emmitt Martin III, the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records.
On Wednesday, Mills reiterated his testimony from the day before that he was angry he sprayed himself with pepper spray, and therefore used excessive force on Nichols, according to WATN.
“I was angry because I just [pepper] sprayed myself in the face,” Mills said on Tuesday, according to WATN. “I didn’t give him a chance to give me his hands.”
Judge Mark Norris told the jury on Wednesday to disregard the emotional part of Mills’ Tuesday testimony, when Mills was asked who used excessive force in the police body camera footage from the night of Nichols’ beating, according to WATN. Mills did not answer the direct question, instead breaking down in tears on the stand.
“I wish I would’ve stopped the punches. It hurts to watch. It hurts inside so much,” said Mills, who cried during his testimony, according to WATN. “It felt bad every time the picture is on the screen to know I’m a part of that. I made his child fatherless. I’m sorry. I’m sorry. I know ‘sorry’ won’t bring him back, but I pray his child has everything he needs growing up.”
“We’re praying for everyone involved,” Ben Crump, the civil rights attorney representing the Nichols’ family, said during a prayer vigil Wednesday morning outside the courthouse when asked for his response regarding Mills’ emotional testimony.
Crump said this trial was one of the most emotional trials he has ever attended, a sentiment shared by Antonio Romanucci, his co-counsel.
“In my career, which is now over 40 years,” Romanucci said, “I have never seen such testimony as I did yesterday — police officer who had such contrition,” Romanucci said. “[Former] Officer Mills, without knowing it, just talked about why we’re here, and that’s for accountability.”
The prosecution told ABC News earlier this month that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
“The first time I watched the video with my attorney, I couldn’t hold it anymore,” Mills said on Thursday when the prosecution asked him why he pleaded guilty, according to WATN. “I want to make it right.”
Mills agreed with Martin Zummach, Smith’s attorney, during cross-examination on Thursday when he asked if the handcuffs, which were secured to one of Nichols’ wrists at one point during the encounter, could be considered a deadly weapon and could lead to deadly force being authorized by police, according to WATN. The ex-officer also consented that “necessary force” can be very ugly and violent.
Defense attorneys asked Mills on Wednesday about the use of his baton on Nichols, which Mills said on Tuesday he used to hit Nichols three times the night of their encounter, according to WATN.
Mills claimed that he didn’t use the baton to hit Nichols in the head, but admitted that he used it improperly since it’s only meant to be used in self-defense, according to WATN. He said it was the first time he ever used his baton or used excessive force on a suspect.
Mills noted that the use of his baton was not because verbal commands weren’t working on Nichols when asked by the defense, according to WATN.
Mills disagreed with Bean’s attorney when he asked Mills if he was the only one who could intervene to stop the beating, since Mills didn’t have his hands on Nichols that night, according to WATN. The ex-officer claimed that the other officers could have moved Nichols away from the strikes and punches while they held his hands.
Mills admitted to the defense that the reason he changed his statement about what happened that night was because he took a plea deal from prosecutors, according to WATN. He said he lied in earlier statements.
Mills told prosecutors that when he told Lt. Dewayne Smith, his former supervisor, that the arrest was done “by the book,” he only said that to hide what really happened, according to WATN. The ex-officer claimed that there was a mutual understanding that their off-camera conversations would go unreported.
“I needed this job for my wife and kids,” Mills said when the prosecution asked why he was not initially truthful about the encounter. “This job has good insurance. I have children with special needs. I needed this job for my family. I let them down.”
Mills was asked about response to resistance forms from the incident, stating they weren’t accurate and that Nichols, “was not aggressive at all,” according to WATN.
Mills said that Haley asked him if Mills’ body camera captured him during the encounter with Nichols.
“I hope I’m not on there,” Mills said Haley told him.
Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.
Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition.
“I was going along, either way, [with] the cover-up,” Mills said. “Hoping for the best that Mr. Nichols would survive and this whole thing would blow over.”
Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.
After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
“As an officer, I respond to scenes where the victim looks like Mr. Nichols [did after he was beaten],” Mills said. “This was the first time I was a part of it.”
Mills’ cross-examination ended Thursday, according to WATN.
ABC News’ Deena Zaru and Sabina Ghebremedhin contributed to this report.
(SANTA FE, N.M.) — A New Mexico judge will weigh whether to dismiss the case against “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after dismissing the case against Alec Baldwin for evidence suppression.
Judge Mary Marlowe Sommer heard arguments during a virtual hearing Thursday on a defense motion seeking a new trial or dismissal of Gutierrez’s case.
Her attorneys argued in the filing that she is entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State.”
Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was “concealed” from them.
The judge said in court on July 12 while issuing her ruling that the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
During Thursday’s hearing, defense attorney Jason Bowles said the “significance of the items that were suppressed were favorable and material” to Gutierrez.
Bowles told the judge that he became aware of the ammunition at the heart of Baldwin’s dismissal — which had been brought forward by his witness, Troy Teske, during Gutierrez’s trial — but directed Teske to bring it to the sheriff’s office because he “didn’t want to be in the chain of custody.”
“We weren’t told what happened” after that, Bowles said. “We weren’t able to utilize those rounds.”
He also argued that the state suppressed additional evidence, including one of firearm expert Luke Haag’s reports on the revolver involved in the shooting, and an interview with Seth Kenney, the owner of the prop firearms supplier for “Rust.”
“This pattern of discovery abuse occurred in Miss [Gutierrez’s] case in the same manner that it occurred in Mr. Baldwin’s case,” Bowles said, saying they are “asking for dismissal on the same basis that this court dismissed Mr. Baldwin’s case.”
Morrissey argued that Gutierrez and Bowles can’t rely on the dismissal of Baldwin’s case over the rounds because they were in the possession of his witness, Teske.
“She and her lawyer had them during trial and chose not to use them,” she said. “That is exactly what happened,”
“They don’t get to now come and say we made a strategic error, so give us a new trial,” she continued.
Morrissey argued that the other evidence raised by Bowles was not material and said the state did not intentionally withhold evidence.
“Nothing was intentionally buried,” she said, adding that the case had a “terabyte of discovery” with new discovery “coming in constantly.”
She admitted to failing to provide the defense with one of Haag’s report, saying she forwarded it to him when she realized it after Gutierrez’s trial.
“When I realized during the Baldwin preparation for trial that that did not occur, I immediately, I took full responsibility for it,” she said. “We did the best we could do resolve it at that point.”
Morrissey argued that Haag’s findings on the revolver still would not help the defense if there were a new trial. She also argued that the defense could have found the evidence before Gutierrez’s trial themselves through “due diligence.”
Bowles additionally alleged in his motion that Morrissey lied under oath during a motion hearing during Baldwin’s trial and asked that if the judge granted a new trial, to remove Kari Morrissey as the special prosecutor. “I don’t do it lightly,” he told the judge Thursday.
Morrissey contended in court filings that she didn’t lie under oath. During Thursday’s hearing, she said she stands by her response while adding that the defense did not include the legal analysis in their motion to remove her as prosecutor.
“This isn’t just something that you randomly ask for,” she said. “The legal analysis has to be conducted, and it hasn’t been conducted here.”
Thursday’s hearing also addressed a defense motion asking for Gutierrez’s immediate release from prison.
Judge Marlowe Sommer said she will issue rulings on both motions next week.
A jury found Gutierrez guilty of involuntary manslaughter in the death of Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a live round.
Prosecutors argued during the March trial that the armorer was the source of the live bullet that killed Hutchins and had failed to follow safety protocols meant to protect the crew while handling the firearms.
Gutierrez was sentenced in April to 18 months in prison, the maximum for the offense.
(WILMINGTON, Del.) — The federal judge who oversaw Hunter Biden’s conviction on gun charges in Delaware has again agreed to delay his sentencing.
At the request of prosecutors, Hunter Biden’s sentencing in Delaware will be pushed back one week, from Dec. 4 to Dec. 12, U.S. District Judge Maryellen Noreika ordered on Thursday.
Prosecutors in special counsel David Weiss’ office asked for the delay due to a conflict with their trial in the case against Alexander Smirnov, the FBI confidential source who is facing felony false statement and obstruction charges after authorities say he provided derogatory information about Hunter Biden and his father, President Joe Biden.
That trial is scheduled to begin Dec. 3.
Judge Noreika previously pushed back Hunter Biden’s Delaware sentencing date from Nov. 13 to Dec. 4, to allow Hunter Biden more time for his attorneys to gather materials for his sentencing memorandum.
Hunter Biden was found guilty in June on three felony counts related to his purchase of a firearm in 2018 while allegedly addicted to drugs.
Earlier this month, in a separate case, he pleaded guilty to nine federal tax-related charges in Los Angeles, where he is scheduled to be sentenced on Dec. 16.
(NEW YORK) — Seven months after a trial judge fined Donald Trump $454 million for business frauds that the judge said “shock the conscience,” a New York appeals court appeared skeptical Thursday of some of the arguments underpinning the New York attorney general’s case against the former president.
A panel of five judges at New York’s Appellate Division, First Department heard Trump’s appeal and peppered both sides with concerns about the case — appearing to question some of the key elements of the state’s case, including the application of a consumer fraud statute, the justification for the financial penalty prosecutors sought, and the private nature of the transactions in question, mirroring well-worn defense arguments that failed during the case’s lengthy trial this year.
Trump himself did not attend Thursday’s hearing in New York.
“We have a situation where there were no victims, no complaints,” argued D. John Sauer, the same attorney who successfully argued Trump’s presidential immunity appeal to the Supreme Court earlier this year. “How is there a capacity or tendency to deceive when you have these clear disclaimers?”
While the judges expressed some skepticism about some of the defense’s claims — with one judge remarking that factual inaccuracies could have resulted in Trump’s statements being “completely fallacious” — some of the defense arguments were echoed in the judges’ questions.
“The defendants’ statements were not made for ordinary people,” noted Associate Justice David Friedman. “They were directed at some of the most sophisticated actors in business.”
Deputy Solicitor General Judith Vale, arguing for New York Attorney General Letitia James, emphasized the magnitude of Trump’s alleged misstatements and their importance to the banks that loaned the former president hundreds of millions of dollars.
“Deutsche Bank would not have given these loans without the financial strength being inflated,” Vale said. “The financial statements were coming in each year, and they were important, critical to the loans each year.”
A series of questions also focused on the New York fraud statute — Executive Law 63 (12) — that the attorney general used to bring her case. Trump’s lawyers have insisted the law should not apply to profitable transactions between financial institutions and the Trump Organization.
“How do we draw a line or put up some guardrails to know when the attorney general is operating within her broad sphere or 63(12) or going into an area where she doesn’t have jurisdiction?” asked Associate Justice John R. Higgitt.
Vale responded by arguing that Trump’s frauds impacted consumers by inserting false and misleading information into the marketplace, and that Trump’s fine has a deterrent effect.
“A big point of these statutes is for the attorney general to go in quickly to stop the fraud and illegality before the counterparties are harmed,” Vale said.
When pressed about the size of the penalty and whether it was “tethered” to the limited harm incurred by the banks that did business with Trump, Vale argued that the profitability of the transactions should not give Trump a free pass to use false information.
“It is not an excuse to say our fraud was really successful so we should get some of the money,” said Vale.
In an 11-week trial that concluded in February, New York Judge Arthur Engoron found that Trump, his eldest sons, and two top Trump Organization executives exaggerated Trump’s wealth to secure better terms from lenders, for which he fined the former president $454 million.
Trump, following the ruling, secured a $175 million bond while he appeals the judgment.
Lev Radin/Pacific Press/LightRocket via Getty Images
(NEW YORK) — Questions about New York City Mayor Eric Adams’ future in office have begun to swirl as he faces indictment by a federal grand jury amid calls for his resignation.
The indictment, which was announced Wednesday, details five charges, including improper campaign contributions from foreign nationals, wire fraud, and bribery during his time as Brooklyn borough president and NYC mayor.
Adams is the first New York City mayor to be indicted while still in office.
In a recorded speech addressed to New Yorkers on Wednesday night, Adams said he would fight the indictment with “every ounce of my strength and my spirit.” He also said he would not resign as mayor.
But should Adams ultimately heed the growing calls for him to step down, who will take his place?
New York City Public Advocate Jumaane Williams is next in the line of succession and would become acting mayor. He previously served on the NYC Council representing the 45th District neighborhoods of Flatbush, East Flatbush, Midwood, Flatlands, and Marine Park in Brooklyn from 2010 to 2019.
Williams is a first-generation Brooklyn native of Grenadian heritage, who graduated from the NYC public school system and earned his bachelor’s and master’s degrees from Brooklyn College. As public advocate, his duties include serving “as an ombudsman for city government, providing oversight for city agencies, investigating citizens’ complaints about city services and making proposals to address perceived shortcomings or failures of those services,” according to his biography on the city’s official public advocate website.
Williams also previously served as the executive director of NYS Tenants & Neighbors, which describes itself as “a grassroots membership organization working collaboratively with tenants to build and effectively wield power to preserve and protect affordable housing in New York State.”
While serving on the NYC Council, Williams “championed landmark legislation that fundamentally transformed policing in NYC,” according to his official biography, including “ending the abuse of Stop, Question & Frisk in communities of color and creating the NYPD’s Office of Inspector General to investigate unlawful & unethical behavior.”
Additionally, Williams is former co-chair of the NYC Council’s Task Force to Combat Gun Violence and worked with them to reduce gun violence in New York City.
After Williams, the next in the mayoralty line of succession is New York City Comptroller Brad Lander, who is running against Adams in the 2025 mayoral race.
Lander is already calling on Adams to resign. “Trust in public institutions — especially City Hall — is essential for our local democracy to function and for our city to flourish,” he posted Wednesday on X, in part. “The hardworking people of New York City deserve a city government and leadership they can trust. Right now, they don’t have it.”
Adams “deserves due process, the presumption of innocence, and his day in court,” Lander’s post continued. “However, it is clear that defending himself against serious federal charges will require a significant amount of the time and attention needed to govern this great city. The most appropriate path forward is for him to step down so that New York City can get the full focus its leadership demands.”
As comptroller, Lander is New York City’s chief financial officer. His official biography describes his role as New York City’s “budget watchdog and chief accountability officer,” including serving as “investment advisor and custodian for the City’s public pension funds.”
His biography cites his success in uncovering through audits “nearly a quarter of a billion dollars underreported in NYC Ferry expenditures, inadequate cost controls in Covid-19 emergency procurement, and the ineffectiveness of the City’s homeless sweeps,” in addition to other initiatives and accomplishments.
Before he was elected as city comptroller in 2021, Lander was a 12-year veteran of the NYC Council, serving the 39th district, representing parts of Brooklyn.
ABC News’ Aaron Katersky contributed to this report.
