In an aerial view, flood waters inundate a neighborhood on June 13, 2024, in Hallandale Beach, Florida. As tropical moisture passes through the area, areas have become flooded due to the heavy rain. (Joe Raedle/Getty Images)
(NEW YORK) — Relentless rain has inundated South Florida this week, flooding neighborhoods, stranding drivers and canceling flights — and the threat isn’t over.
North Miami has been overwhelmed by 21.7 inches of rain this week.
Some areas have recorded more than 2 feet of rain since Tuesday.
On Friday, another 5 inches of rain is possible.
The National Oceanic and Atmospheric Administration is warning of potentially significant flash flooding from Miami to Hollywood to Homestead to the Everglades.
Flood watches will remain in effect through Friday evening for Fort Myers, Naples, Miami, Fort Lauderdale and West Palm Beach.
Then, over the weekend, some light rain is in the forecast.
Maui fire survivors upset with living conditions from FEMA’s housing program. — ABC News
(LAHAINA, Hawaii) — Nearly a year after wildfires devastated Maui and displaced many of its residents, Charles Nahale is still searching for a permanent place to call home.
Nahale is one of the more than 1,300 fire victims who find themselves enrolled in FEMA’s Direct Lease program, which aims to convert short-term rental units into long-term housing for up to two years for fire survivors, but has been fraught with challenges.
Since the Lahaina fire displaced him last August, Nahale has relocated five times. He didn’t like the first property he was assigned.
“The contract reflected something completely different from what the actual space of the unit was,” Nahale said of the first place he was offered. “For example, the space was a studio. The contract says it’s a one-bedroom and newly remodeled, which it wasn’t. The bed was practically in the kitchen.”
FEMA has allocated $197 million to three companies, none of which are based in Hawaii, to administer the Direct Lease program. These companies are tasked with the complex process of finding and leasing ready-to-occupy residential properties from owners before subleasing them to displaced residents as temporary housing. According to FEMA, they are also responsible for ensuring units comply with HUD standards and is functional, inspection, providing on-call maintenance, and coordinating repairs.
As of early June, 1,041 units are occupied by fire survivors. However, 177 units remain unoccupied while FEMA pays property owners and management companies thousands of dollars a month per property.
Nahale says once he matched with his first property, he waited three months for a background check through the property management company.
“I was told when I had that happen, that it would take no more than three weeks to do. It took three months. And while I was in the shelter, the hotel, waiting to be placed in this unit, they were paying for the unit, which was three months and over $5,000 a month, and the hotel I was in.”He says he was heartbroken when he finally was able to view the apartment for the first time, and says it was unsuitable.
“The contract reflected something completely different from what the actual space of the unit was,” Nahale said. “The space was a studio. The contract says it’s a one bedroom and newly re- remodeled, which it wasn’t. Drawers were falling apart. The curtains were broken. The bed was practically in the kitchen. Talk about breakfast in bed.”
Charles said he spent hours with FEMA representatives trying to get out of that property.
“These two representatives at FEMA, they seemed to put the fear of God in us, that if you don’t take this property, you’re going to be kicked out, most likely, and you’ll be on your own.”
He says he was re-matched to a second property, but found the new apartment still needed repairs.
“We’re sitting at this table — two FEMA representatives going over the contract, so three of us are sitting at this table. While we’re sitting here, this piece of granite, this stone, falls and breaks into two pieces,” Nahale said. You can see the crack.”
FEMA assured Nahale they would make the necessary repairs instead of having him move for the third time. He says the management company is fixing fixed some of the issues, but not all of them, including termite damage. While making repairs, Nahale said FEMA was paying 5100 dollars a month for the property, while paying for his hotel shelter.
Days after an interview with ABC News, Nahale had to vacate his hotel shelter with a day’s notice. With Nahale now in housing limbo, the Red Cross stepped in to pay for the outstanding repairs in his FEMA unit.
Nahale’s problems with FEMA and the properties aren’t specific to him. Other people have expressed their frustration, including Timothy Putnam, known as “Timster” on the island, who has been matched four times to different units.
“The first unit was a cute little unit. But it didn’t come up to code electrically,” Putnam said. “The second unit was horrifying, rat infested, with a lot of urine on mattresses, and incredibly dirty. That was super simple. I didn’t have to say no to that one because the FEMA agents that were there were horrified, as well. The third unit, you know, was far from where I wanted to be because I just started working again on the west side. And the commute was going to be difficult, but at least it was a roof over my head.”
Since moving in, Putnam has faced rodent and insects in his unit.
In a statement, FEMA told ABC News: “All units require an inspection and we make sure the house is safe, livable, sanitary and functional before anyone moves in.” But in May a FEMA representative told Maui residents they had found a number of units under FEMA contract that were not yet filled were found unsuitable.
“We went and reinspected them all over the last two and a half weeks and found quite a number of ’em that needed some upkeep, some because they were just empty and there are a few bugs, some probably should not have been in our program. Quite a number of them. We stopped our agreement with those property owners because we found the initial inspection was inadequate. That’s on us. That’s our fault,” the FEMA representative said.
Both Putnam and Nahale mentioned that after they expressed dissatisfaction with the units, they were told by FEMA representatives they should live with it since it probably wouldn’t be any better elsewhere. Despite horrid living conditions, they both felt pressured to make the best out of their situation.
Still, Putnam says he’s grateful. “I do have a roof over my head and I have since August 17th because of Governor Green, State of Hawaii, FEMA, and the Red Cross. They have kept me housed and it’s a pretty amazing thing. Right? So, there’s a lot of flaws in the system, but overall, I’ve been looked after, and I’m grateful for that.”
Putnam recently learned he would be re-matched to a property closer to his job.
FEMA leaders admit they have faced challenges matching their inventory to families’ needs, such as proximity to school and work, number of bedrooms and accessibility.
“There are some circumstances where people have rejected the offer 3, 4, 5, even 6 times to go into housing, and that’s a challenge,” Gov. Green said at a press conference in March. “I do understand how difficult it is to have to commute it all uh but many of um these units they they simply have to be occupied.”
Then a development in late May, when several property owners in the direct lease program told ABC News that their property management company suddenly terminated their rental agreements because “the unit has remained unmatched to an applicant.”
ABC News contacted FEMA, but they declined an on-camera interview and could not confirm how many leases were ended.
The agency pointed out that 1,041 people have been placed under the program. There are also 177 empty and ready-for-move-in units. They say 35 families continue to search for a match.
However, residents and local real estate agents tell ABC they have felt excluded from the process, possibly contributing to the unoccupied units in outside of West Maui.
“I have a friend who has been a real advocate for Lahaina and the fire survivors. He has a condo in Lahaina and he’s been trying to get me in there. For eight months I think we’ve been trying. We have tried every avenue to get me there, uh, in his place. FEMA won’t allow owners of condos who are participating in their program to choose who goes into these units,” Nahale said. “I believe we would have had hundreds of people in units on the west side if they allowed that to happen,” he added.
Putnam said he questions how sustainable living on Maui truly is, and says the program has affected an already difficult rental market.
“The rental market was slim and prices were going up. The fire happens. That takes away so many rentals,” Putnam said. “Now there’s less properties for people that weren’t displaced that need it on Maui. And the supply/demand is all whack, prices are going through the roof. I don’t think it’s sustainable. I don’t think the average person’s gonna be able to live here for much longer.
Nara Boone, co-founder of Maui Housing Hui, a nonprofit that educates the community on their rights, says this problem is probably the biggest issue that Maui has faced in decades.
“It comes down to the fabric of our community being shredded and changing every facet of it because people cannot afford to live here,” Boone said.
Boone says people who were not displaced by the fire, have found themselves homeless in the aftermath of the fire. “Landlords that wanna take advantage of this federal money and raise their rents are just either going radio silent or refusing to renew people’s leases, to then, you know, offer a new lease to somebody else at a higher rate” Boone said.
Zoltan Balogh, a Maui resident for 20 years, lived in a rental in Kula. He said his property was spared during the fires in his area. Last December Balogh arranged a 3 month sublease for his one-bedroom rental to spend time with his daughter in Montana.“On December 29th my landlady sent a text saying that she and her father were choosing not to renew my lease, and they would be signing a contract with FEMA,” Balogh said. “That lease would begin on January 7th, which was nine days later. This was all while I was here in Montana, 3000 miles away.”
Zoltan said he hired a lawyer, and his landlord later agreed to give him 45 days to vacate.
“But what I did have to do is leave my daughter, lose what ended up being six weeks of work here,” Balogh said. “Shipping things from Maui is, it just wasn’t at all a financial option for me. So, I essentially gave or sold everything I owned after, again, most of 20 years, and that was that.”
Zoltan says he is technically homeless now and can couch surf until he finds permanent housing. He filed a complaint with the Hawaii Attorney General Office.
“When you are evicting people to get more money, that’s greed. It’s pretty simple,” Balogh said. “You’re displacing people to place people who lost their homes,” Balogh said.
The state attorney general found Balogh’s landlord did not violate any laws by evicting Balogh and told ABC in a statement “it was determined that the action of terminating a fixed-term lease does not violate the Governor’s Emergency Proclamation (EP).” But Zoltan alleged he never signed a fixed term lease.
“You just stated you’re evicting this person with nine day’s notice to place a FEMA recipient,” Balogh said. “How are you saying this is okay and closing my- my file?”
The Hawaii Attorney General’s Office has confirmed to ABC News that they have received at least 227 housing-related complaints; including 29 FEMA abuse allegations and 198 related to housing violations of the Governor’s Emergency Proclamation. 28 violations were investigated and corrected, and 37 investigations remain ongoing.
“The violations have already happened. They’re already without their home, and what’s their recourse now?” Boone questioned. “The attorney general’s office has not enforced as much as we would like them to enforce.”
FEMA provided a statement to ABC News about their policy regarding FEMA abuse: “Our policy is clear. If we discover a landlord has inappropriately evicted a tenant in good standing so they may pursue a lease from FEMA, we will not work with that landlord.”
According to Boone, Maui residents continue to battle with landlords illegally increasing rent after the fires.
“With FEMA’s payments of the rents, proposed payments of rents, in general throughout Maui County, our rents have doubled and sometimes tripled, and it’s just become way too much for a lot of people to try to pay. So, there’s a lot more homelessness right now. There’s a lot more people living in their cars,” Boone said.
In May Hawaii Gov. Josh Green stepped in and issued his eleventh emergency proclamation with added protections for tenants against landlords attempting to raise rent due to operational costs, evict tenants to move themselves or their family in, or sell the property.
“I think that it has finally kind of tightened the reins for landlords and made … put the onus on them to prove, uh, the reason that they’re evicting someone,” Boone said. “It seems like the governor is listening, but we need him to close the other loophole. The biggest loophole is this termination of leases. That’s the only way, really, to stop the, this bleeding that’s happening.”
For now Nara says landlords can help house people on Maui by converting their dwellings to meet HUD housing quality standards, so there’s more inventory available.
In addition, Gov. Green announced plans to build temporary housing in Lahaina that is expected to be ready this year.
Putnam says he’s grateful to FEMA that he has a roof over his head, no matter its flaws.
“I guarantee they’re doing as best as they can. But, a wise man once said, the 10 most feared words in the English language are, “I’m here from the government and I’m here to help.”
But Nahale isn’t as hopeful.
“FEMA help ends in February of 2025, and they have us in places where the rents are so high,” he said. “Every day it’s getting a little closer and you, you get into knots wondering what’s gonna… how I’m going to survive. What’s gonna happen now?”
(FORT WORTH, Texas) — A Texas man was charged with making threats to an FBI agent, according to information provided by the Justice Department on Thursday.
Timothy Muller, 43, of Fort Worth, is alleged to have called an FBI Special Agent and left a threatening voicemail, followed up by subsequent text messages threatening the agent and his family, officials said in a release.
“You can run, but you can’t [expletive] hide,” he allegedly said in a June 11 voicemail. “So here’s how its gonna go: [T’s] gonna win the re-election and then we’re gonna [expletive] go through the FBI and just start throwing you…into jail. OR, you can steal another election and then guns will come out, and we’ll hunt you…down and slaughter you like the traitorous dogs you are in your own [expletive] homes.”
The T refers to former President Donald Trump, according to a source familiar with the case.
The FBI says the agent “was known to have been involved in an investigation into a laptop belonging to H.B.,” who it notes was “convicted following a trial related to a 2018 firearm purchase” shortly before the call. ABC News believes H.B. is Hunter Biden.
The man was charged Thursday with interstate threatening communications and influencing, impeding, or retaliating against a federal official.
“The last thing you’ll ever hear are the horrified shrieks or your widow and orphans,” Muller allegedly said, according to the complaint.
The complaint also says the agent, who was involved in a high-profile investigation, received a text message on his phone shortly after the threatening voice message.
“You’re going to jail – if your lucky,” Muller is alleged to have written to the special agent. “But I suspect you won’t be. How’s the family? Safe?”
In a follow-up text, Muller allegedly continued the threatening language.
“Nobody is afraid of you [expletive],” Muller allegedly wrote. “Quite the opposite b—-. We want you so bad we can [expletive] taste it.”
The FBI says it traced the number back to Muller of Fort Worth.
Muller was arrested outside of his home Thursday morning and was detained pending a hearing next week.
A lawyer for Muller didn’t respond to ABC News request for comment.
(NEW YORK) — Firearms are the leading cause of death in the United States for children aged 0-19 years, with the Centers for Disease Control and Prevention reporting over 4,700 pediatric gun-related deaths in 2021.
Many of those deaths are unintentional.
A new study published by the CDC described how often guns are stored in different U.S. states. Up to 43% of households store loaded guns, which is not considered safe, while half of the households that store guns loaded with ammunition do not put them in locked containers, according to the study.
Loaded guns that are not locked can be easy for children to find and accidentally fire.
Households from eight states were surveyed for this high-quality report; including Alaska, California, Minnesota, Nevada, New Mexico, North Carolina, Ohio and Oklahoma. The percentage of households who had guns and stored guns securely varied widely between states.
North Carolina, Oklahoma, and Nevada had the highest rates of households storing loaded guns, the report said.
Pediatricians and advocates say one simple strategy could dramatically reduce the number of children who are killed: Secure firearm storage.
This means storing a firearm locked, unloaded and with the ammunition stored separately from the firearm. Though it sounds simple, there are a range of options for storing your gun securely at home.
Options include cable locks, lock boxes, trigger locks and gun safes. Most can be found for purchase on large retail websites, such as Amazon, or through stores like The Home Depot or Dick’s Sporting Goods.
“It really comes down to what does the family want or need,” Dr. Sandra McKay, an associate professor of pediatrics at UTHealth Houston and nonresident fellow at the Baker Institute for Public Policy at Rice University, told ABC News.
The bottom line is too many children are in harm’s way, according to McKay.
This sentiment was also shared by Dr. Eric Sigel, a pediatrician, adolescent medicine specialist, and co-chair of the American Academy of Pediatrics’ Firearm Injury Prevention Special Interest Group who highlighted a recent study estimating that 1 in 3 middle and high schoolers have access to a firearm.
Through statistical modeling, another study calculated that if 20% of parents changed their current storage practices to storing firearms unloaded and with the ammunition locked away separately “there would be an estimated decrease of up to 122 pediatric firearm-related fatalities and 201 injuries annually.”
Four common types of secure storage devices include:
Cable locks: Like a bike lock, but for a firearm. A cable lock is a flexible cable that loops through an empty firearm, making it impossible to load or fire. These range in price from $5-50 and are oftentimes available for free through both local and national community organizations.
Lock boxes: Smaller, portable versions of a gun safe. A lock box is made of metal or durable plastic. It has a lock on it to keep it shut. They are perfect for storing a single gun to make sure it’s secure but available for quick access. They cost between $25-$350.
Trigger locks: Trigger locks fit over the trigger mechanism of a firearm to keep it from being pulled. They are small and compatible with most firearms, but not as safe as other options because a firearm can still be loaded with a trigger lock in place. And, if not put on correctly, a loaded firearm may accidentally fire. These cost between $10-$50.
Gun safes and cabinets: Large, heavy safes that can store multiple guns, including rifles and shotguns. Made of tough metal, they have electronic or mechanical locks. Gun safes are one of the most secure places to store guns, but they are also the most expensive starting at $500.
“There are a lot of different places that families can go to learn about these various devices. I think one of the secret gems out there are going to your [Gun] Range Safety Officers,” said McKay. Other resources include Hunter Safety Training, gun shops, and local law enforcement agencies.
Outside of the home, McKay and Sigel encourage parents to discuss secure firearm storage with healthcare providers, family members, friends, and neighbors. McKay recommends using neutral language that emphasizes child safety, similar to how one would address food allergies, pool access and pets.
Michelle March, MD, MPH, MEd is a general pediatrics research fellow at Cincinnati Children’s Hospital Medical Center and a member of the ABC News Medical Unit. Sejal Parekh, MD is a practicing pediatrician and a member of the ABC News Medical Unit.
(PHOENIX) — A damning new report from the Justice Department released Thursday has concluded that the Phoenix Police Department has engaged in a “pattern or practice of conduct” that “deprives people of their rights under the Constitution and federal law.”
A DOJ investigation found “systemic problems” within the department’s policies, training, supervision and accountability systems that were “perpetuated” for years.
In its report, the Justice Department found a spate of civil rights violations, including “unjustified deadly force,” discrimination in traffic and other enforcement, and unlawful detention, citations and arrests of the homeless.
‘Excessive force’ The Phoenix Police Department has the highest rate of shootings of any major city, according to the report.
The DOJ report claims Phoenix officers often fire weapons at people who aren’t an immediate threat and often inappropriately escalate the violence. In addition to being “reckless,” officers are accused of delaying rendering emergency aid after a shooting.
City police frequently rely on neck and compression restraints that could put people at risk for injury of suffocation, according to the report.
“PhxPD officers use these dangerous compression restraints against people experiencing a behavioral health crisis who do not present a risk to officers or others. In one incident, officers knelt for several minutes on the neck of a suicidal man who claimed to have stabbed himself with a nail file,” according to the report. In another instance in 2021, the report cited, an officer squeezed his neck with both hands as he was attempting to get his ID.
‘Enforcement discrimination’ In Phoenix, Hispanics were 12 times more likely to get a minor traffic violation than their white counterparts. Black people are cited or arrested three times as often as white people for traffic-equipment related offenses, according to the report.
The Justice Department’s top civil rights attorney called the findings of the report “severe” and said that citizens of Phoenix deserve equal treatment under the law.
“Our investigation found that the police department discriminates against Black, Hispanic and Native American people in its enforcement activities,” Kristen Clarke, the head of the Justice Department’s Civil Rights Division told reporters on a virtual press conference. “Police officers have an obligation to enforce the law fairly and equally, but in Phoenix, officers are disproportionately targeting communities of color.”
For example, she said, black drivers in Phoenix are 144% more likely than white drivers to be arrested or cited for low level moving violations, and Hispanic drivers are, for them, more likely to be arrested or cited for the same thing.
DOJ also found that the Phoenix police intolerant of those who offered criticism and questioned how officers dealt with protesters.
“We found officers used indiscriminate force against protestors, falsified allegations to arrest protest leaders, retaliated against people critical of the police, and prevented people from lawfully recording police conduct,” the report says.
Furthermore, the Department of Justice said that while officers were on duty and responding to protests, officers made malicious and demeaning statements about protestors, cheered the use of force, and celebrated their success in suppressing speech.
‘Challenges in dealing with people with mental health crisis and minors’ Regarding the Phoenix Police Department’s response to people experiencing a behavioral health crisis, the DOJ said “too frequently, they dispatch police alone when it would be appropriate to send behavioral health responders.”
“Officers act on the assumption that people with disabilities are dangerous and rarely modify their approach,” according to the report. “Officers resort to using force rather than de-escalation tactics that would likely help a person with behavioral health disabilities follow directions. As a result, people with behavioral health disabilities suffer harm such as force, trauma, and criminal consequences, rather than receiving emergency mental health care.”
The police department has also had concerning contact with minors, the DOJ said.
“In 2022, officers handcuffed and used neck restraints on a 13-year-old boy with autism who had walked out of school without permission. An officer spotted the boy walking alongside a road near the school and told him to stop. The boy kept walking, and the officer ran after him, grabbing his arms from behind, tackling him, and holding him down. With the officer’s knee in his back and hand on his neck, the boy pleaded to be let go: “My mom’s right there. I can’t breathe. I’m just trying to get home,” the report found.
In August 2021, the Justice Department opened an investigation into the police department after complaints about excessive force.
The Justice Department interviewed hundreds of officers, supervisors, commanders and current and former city officials during the process of compiling the report.
“The release of today’s findings report is an important step toward accountability and transparency, and we are committed to working with the City of Phoenix and Phoenix Police Department on meaningful reform that protects the civil rights and safety of Phoenix residents and strengthens police-community trust,” Attorney General Merrick Garland said in a statement.
(LOS ANGELES) — Family and friends of slain actor Johnny Wactor gathered at the downtown Los Angeles site where Wactor was shot to death to push for arrests in the unsolved case.
“I’m here because one of the best men — if not the best man — I’ve ever known, was tragically and brutally taken from this earth,” Wactor’s friend, Micah Parker, said at Wednesday’s emotional news conference. “He was taken from his mother, his brothers, his extended family, his friends and his fans.”
Wactor, a former “General Hospital” actor, was shot “without provocation” around 3:25 a.m. on May 25, after he ended his shift at a bar and walked to his car, according to the Los Angeles Police Department.
He was confronted by three people who had his car “raised up with a floor jack and were in the process of stealing the catalytic converter,” police said in a statement.
Wactor was with a female co-worker, and he immediately stepped in front of her to try to protect her, according to his family and friends.
“They had a mask on and they pulled out a gun,” Wactor’s friend, Colin Flynn, told ABC News. “And from what I understand, Johnny literally stood in between himself and his colleague. And the shooter just pulled the trigger and ran away.”
In a message to the culprits, Parker vowed, “We are going to find you.”
“You do not get to terrorize our streets, stealing and killing with impunity anymore,” Parker said.
“To the LAPD, who are out there risking their lives every day, who are here with us today, I first want to say thank you,” Parker said. “But I also implore you to please — not rest, do not relent, until these three killers are brought to justice.”
Investigators “have a number of leads” in the case, Joseph Iniguez, the LA district attorney’s chief deputy, said at Wednesday’s news conference.
“We’re working with LAPD. Without commenting on the specific tools, I can tell you that the investigation is very active. We have our best lawyers on the case working with LAPD, and that’s our Major Crimes Division,” he said.
“I loved my brother,” the actor’s soft-spoken brother, Grant Wactor, added at the news conference. “It was something that none of us expected. He was 37 years old. … It hurts.”
Johnny Wactor’s family lives in South Carolina. But his friends are in LA and Grant Wactor said his family wants to make LA a safer city for them.
Parker demanded that city and state leaders protect their residents, and he led a march to LA City Hall after the news conference.
“It could’ve been one of us,” Parker said. “And it will be one of us if public safety is not prioritized in this city now.”
LA City Council member Kevin de León urged anyone with information to come forward.
“Your tip, no matter how small it may seem, could be the key to solving this case and preventing further violence,” he said.
(FORT LAUDERDALE, Fla.) — Over 2 feet of torrential rain is inundating South Florida, flooding neighborhoods, canceling flights, shutting down roads and forcing residents to evacuate their homes.
Rain totals have reached 25 inches in Collier County, 20 inches in North Miami and 19 inches in Hollywood.
Gov. Ron DeSantis declared a state of emergency for Broward, Collier, Lee, Miami-Dade and Sarasota counties.
In Broward County, Fort Lauderdale Mayor Dean Trantalis said high-water vehicles have been deployed throughout the city to respond as needed, and the Florida Fish and Wildlife Commission will be sending boats and buggies, but urged people to stay off the roads if possible.
On Thursday, the flood warnings continue from Miami to Fort Lauderdale, with an additional 4 to 8 inches of rain in the forecast.
A flood watch will last through Thursday evening for Fort Myers, Naples and Sarasota. A flood watch is in effect until Friday evening from Miami to West Palm Beach.
Republican presidential candidate, former U.S. President Donald Trump speaks during his campaign rally at Sunset Park on June 09, 2024 in Las Vegas, Nevada. (Brandon Bell/Getty Images)
(NEW YORK) — After becoming the first former president to face criminal charges, Donald Trump faces another historic first next month: He could become the first former president in U.S. history to be ordered to prison when he’s sentenced in his New York hush money case.
Several experts told ABC News that the odds are against the former president serving any time behind bars before the 2024 election, after a jury in May found him guilty on 34 felony counts of falsifying business records related to an effort to illegally influence the 2016 presidential election.
But it’s possible that the nature and circumstances of Trump’s alleged criminal conduct — in addition to his lack of remorse and behavior during the trial — could provide Judge Juan Merchan justification to impose a sentence that includes prison time, some experts told ABC News.
Of the 14 lawyers and law professors who spoke with ABC News, five believed a prison sentence was likely, two described the decision as a toss-up, and seven believed a prison sentence was unlikely due to a combination of the logistical challenges, a lack of precedent supporting incarceration for first-time offenders, and the political implications of such a sentence.
Regardless of the punishment, experts broadly agreed that Trump’s sentence will most likely be stayed pending his appeal — a process that could take anywhere from months to a year — meaning the former president would likely avoid serving any part of a sentence until after the 2024 election.
Ahead of the July 11 sentencing, Judge Juan Merchan faces the unprecedented question of how to punish the former president for crimes that prosecutors framed in the sharpest terms — a “subversion of democracy” and “election fraud, pure and simple” — but that were charged using the least severe class of felonies in New York.
“There is no more serious falsification of business records case that I can remember in the history of supervising and prosecuting many of these cases,” said Karen Friedman Agnifilo, who previously served as the chief assistant district attorney in the Manhattan district attorney’s office.
Compared to judges in federal court — whose sentences are normally guided by a point system created by the United States Sentencing Commission — Merchan has fewer reference points when sentencing Trump. New York’s penal law limits prison sentences for Class-E felonies to four years, and probation officials will prepare a report with a recommendation for Trump’s sentence, which Merchan can consider when weighing the nature and circumstances of the crime along with Trump’s history and character.
“On behalf of New Yorkers — that’s who Judge Merchan is speaking up for — how big a breach of the social trust was this compared to all the other crimes that he and other judges sentence every day?” said Justin Levitt, a constitutional law professor at Loyola Law School. “There is literally no case that has been remotely similar to the criminal prosecution conviction of a former chief executive of the country.”
Here are six questions that will likely shape how the judge forms his decision:
How have similar defendants been sentenced?
While the Manhattan district attorney frequently charges defendants with falsifying business records — there were 437 such charges by the office in the decade before Trump’s indictment, according to a court filing last year — Merchan might struggle to find relevant precedent in those cases, experts said.
Manhattan DA Alvin Bragg brought his case using a novel legal theory that Trump falsified business records to conceal a violation of a New York election law that prohibits conspiracies to influence an election using unlawful means.
“This isn’t a run-of-the-mill falsifying business records case,” former Manhattan assistant district attorney Jeremy Saland told ABC News.
While first-time offenders convicted of falsifying business records normally avoid prison time, similar cases related to campaign contributions or public officials suggest incarceration is a possibility.
Richard Brega, a New York bus mogul who pleaded guilty to one count of falsifying business records related to illegal campaign contributions, received a one-year prison sentence in 2018. Former New York Comptroller Alan Hevesi, who pleaded guilty to receiving a reward for official misconduct — a class-E felony — related to a pay-to-play scheme involving New York’s pension fund, was sentenced in 2011 to one-to-four years in prison.
“Ultimately, this is a case that stands alone, and that is going to be extremely difficult for the judge to come up with a sentence that is fair and appropriate,” said Robert Mintz, a former federal prosecutor.
What factors could lessen Trump’s sentence?
Trump’s status as a first-time offender, the nonviolent nature of his crime, his advanced age, and a lack of a flight risk are mitigating factors that could lighten his sentence, according to Pace University School of Law professor Bennett L. Gershman.
However, Gershman cautioned that while Trump might be 78 years old at the time of his sentencing, many white-collar defendants receive prison time in spite of their advanced age.
“I would be shocked if he didn’t impose some time in jail,” Gershman said. “Merchan imposes tough sentences. He’s a tough judge from his history on the bench.”
Has Trump shown remorse?
Trump’s lack of remorse or admission of wrongdoing could work against the former president at sentencing, where Merchan can consider Trump’s overall history and character. Trump has also frequently targeted Merchan with personal attacks related to his daughter’s political work and compared the judge to a “tyrant” and “devil.”
Merchan also held Trump in criminal contempt ten times during the trial for knowingly making comments about witnesses and jurors in violation of the case’s limited gag order.
“I think that most judges would feel that some kind of jail time is needed to basically affirm the need for a defendant to have respect for the court,” said George Washington University professor Stephen Saltzburg.
Would a prison sentence be a deterrent?
In addition to any purported rehabilitative or retributive purpose, prison sentences are often used by judges to deter the defendant or the broader public from committing similar crimes in the future.
Some experts ABC News spoke with were skeptical that Merchan could justify a prison sentence based on individual deterrence — i.e., discouraging Trump himself from committing a similar crime again.
“It’s not necessarily clear to me that this is a situation that will arise again that could be specifically deterred,” said former federal prosecutor Jarrod Schaeffer. “Looking at Trump’s behavior and his track record, I’m not sure that the judge will hold out hope that his sentence in this case will have a strong deterrent effect on him.”
Yet the sentencing could provide an opportunity for general deterrence for the public, including other public officials, according to Jeffrey Cohen, a Boston College Law Associate professor.
“When you have a high-profile defendant, you want your punishment to discourage other people from doing this sort of thing,” Cohen noted.
What other options does Merchan have for Trump’s sentence?
Merchan could opt to sentence Trump to a period of probation or a conditional discharge.
If sentenced to probation, Trump would have to report to a probation officer and meet certain conditions, including potential travel restrictions or curfews that could be enforced with the use of an ankle monitor, according to former federal prosecutor Michael Zweiback. However, enforcing the terms of Trump’s probation in the middle of his presidential campaign could be challenging, according to New York Law School professor Anna Cominsky.
“The more restrictions on someone’s movement sometimes makes it more difficult for them to live their lives and do their jobs,” Cominsky said. “So when it comes to Trump, part of his job is right now campaigning and traveling around the country. He has to be able to do that.”
Trump alternatively could be sentenced to a conditional discharge where Judge Merchan himself would oversee that Trump meets the conditions of his release, rather than a probation officer.
The conditions of Trump’s release could include paying a fine, performing community service, and avoiding future arrests.
“He could be creative here, and I think that’s sort of the wildcard, is that the judge does have a lot of discretion in fashioning a sentence,” said former federal prosecutor Joshua Naftalis.
How would the sentence impact the election — and does it matter?
Trump’s sentencing comes just four days before the Republican National Convention, and the former president faces the possibility of serving part of his sentence while running for the presidency.
The political undercurrent adds another layer of complexity to the already thorny sentencing, as the former president continues to allege without evidence that the prosecution against him was politically motivated.
While Merchan could opt to disregard the political implications of the sentencing entirely, the broader ramifications of the sentence could play into Merchan’s decision about the most effective punishment for the former president.
“There are political issues around sentencing him to a term of incarceration just before the convention, and that’s feeding into a narrative that this prosecution was really to keep him from campaigning and keep him from regaining the office of president,” said Bader.
(LOS ANGELES) — Pro-Palestinian protesters at Cal State Los Angeles entered a campus building on Wednesday, taking over the ground floor, as “a small number” of administrators still inside were asked to shelter in place, campus officials said.
“I can confirm that there are still a small number of administrators in the building,” said Erik Frost Hollins, a school spokesperson. “We are working through options to bring this fluid situation to the best resolution possible.”
The offices in the Student Services Building include much of the campus administration, along with the eighth-floor office of President Berenecea Johnson Eanes. It was not immediately clear which staff members were sheltering in place in the building’s upper floors.
“We have asked building employees to shelter in place and other employees have been asked to leave the campus,” Frost Hollins said.
Protesters had moved chairs and other objects in front of the doors at the building, barricading the entrance, according to video from ABC News’ Los Angeles station KABC-TV. The building appeared to have been marked with pro-Palestinian graffiti.
All classes and operations on the main campus were to be held remotely until further notice, the university said in an alert on its website.
(WASHINGTON) — Eight climate protesters were arrested on Wednesday after being tackled on the field during the Congressional Baseball Game, U.S. Capitol Police said in a statement.
The self-described “youth-led group,” Climate Defiance, took credit for the protest and shared videos on X of protesters rushing the field, calling the “Chevron-sponsored” game “unconscionable.”
During the second inning, over half a dozen protesters hopped the fence to the field, wearing shirts stating, “END FOSSIL FUELS.”
Chants from the crowd of “USA!” drowned out the protesters.
“The eight people are being charged with federal charges – Interference with a Member of the U.S. Capitol Police,” authorities said in a statement.
The group was protesting outside of the stadium prior to the game’s start and had been vocal for days leading up to the game about the planned protest.
“Before the charity game, we were aware that some people planned to possibly protest. This was discussed during our planning meetings and put in our comprehensive action plan to ensure we had plenty of resources to swiftly respond,” Capitol police said in a statement on X.
Before the first pitch of the game had even been thrown, shouts rang out in the stands as roughly a dozen pro-Palestinian protesters began a demonstration opposing the U.S. government’s support of Israel, which is more than eight months into the war with Hamas in Gaza.
The demonstration, which began during the colors presentation, continued into the singing of the national anthem, prompting loud counter-chants of “USA” that originated in the Republican fan section before spreading throughout the stadium.
As they unfurled posters and Palestinian flags, security promptly removed the protesters, several of whom were clad in keffiyehs, the traditional Palestinian scarves that have become icons of the movement.
In an interview given through an exterior fence of the stadium, one of the protesters spoke with ABC News, stating, “We’re here to shame Congress for participating and sponsoring and funding a genocide.”
The Congressional Baseball Game is a bipartisan tradition dating back to 1909, with proceeds supporting D.C.-area charities. The annual game has been under threat before. In 2017, at a practice for Republican lawmakers, then-House Majority Whip Steve Scalise, R-La., and Capitol Police officer Crystal Griner were shot.
