National

(ATLANTA) — Special counsel Jack Smith filed his argument Monday urging the 11th Circuit Court of Appeals to reverse a federal judge’s surprise dismissal of former President Donald Trump’s classified documents case.

U.S. District Judge Aileen Cannon last month threw out the case against Trump that charged him with unlawfully retaining classified documents taken from his time in the White House and then seeking to obstruct the government’s efforts to retrieve them. Trump has pleaded not guilty to all charges.

Cannon’s ruling centered around arguments that Smith’s prosecution of Trump was illegitimate because, in her determination, Smith was unlawfully appointed by Attorney General Merrick Garland to his position as special counsel because he was never confirmed to his post by the U.S. Senate.

Special counsels have typically served previously as U.S. attorneys, who are appointed by the president and confirmed by the Senate. Smith was previously the acting U.S. attorney for the Middle District of Tennessee and was working for the International Criminal Court at the Hague prosecuting war crimes when he was tapped by Garland in November 2022 to lead both the classified documents probe and the federal election interference investigation.

Legal experts criticized Cannon’s ruling as running counter to decades of legal precedent set by other judges and appeals courts, which had rejected similar challenges to special counsels or other independently appointed prosecutors dating back to the Watergate scandal.

Cannon had already previously earned criticism in some quarters over her handling of the case as well as a number of unusual decisions seen as beneficial to Trump’s strategy of delaying any trial past the 2024 election.

In their filing Monday, Smith said Cannon’s ruling “conflicts with an otherwise unbroken course of decisions, including by the Supreme Court, that the Attorney General has such authority, and it is at odds with widespread and longstanding appointment practices in the Department of Justice and across the government.”

Smith’s filing, which characterized Cannon’s ruling as “strained” and “nonsensical,” cited a quote from Supreme Court Justice Brett Kavanaugh in which Kavanaugh, recounting his time serving under independent counsel Kenneth Starr, writes about the “deeply rooted tradition of appointing an outside prosecutor to run particular federal investigations.”

Cannon was previously overturned twice by the 11th Circuit prior to Trump’s indictment after she granted his attorney’s request to appoint a special master to review evidence the FBI had seized in its August 2022 search of Trump’s Mar-a-Lago estate, then ordered the FBI to temporarily pause its investigation.

Copyright © 2024, ABC Audio. All rights reserved.

(LOVELOCK, Nev.) — Authorities are investigating the death of a 39-year-old woman on the first day of the Burning Man Festival in Nevada’s Black Rock Desert.

Burning Man’s emergency services personnel found the festival attendee, Kendra Frazer, unresponsive around 11:30 a.m. Sunday, according to the Burning Man Project and Pershing County Sheriff Jerry Allen. Deputies responded and confirmed her death, Allen said.

“Her cause and manner of death are still pending results of an autopsy and toxicology screening,” the sheriff said in a statement on Monday.

“Our thoughts and condolences go out to the family and friends affected by this loss,” festival organizers said in a statement. “The safety and well-being of our staff and community are paramount. We are cooperating fully with local authorities as they investigate.”

This year’s Burning Man festival runs from Aug. 25 to Sept. 2. About 80,000 people attend Burning Man each year, according to the festival’s website.

Last year’s festival was marred by torrential rains, with thousands mired in mud and told to stay in place and conserve food until they could safely exit the festival grounds.

Copyright © 2024, ABC Audio. All rights reserved.

(KETCHIKAN, Alaska) — A landslide in Ketchikan, Alaska, has killed at least one person and has blocked roads and damaged houses, officials said.

Three people were injured and taken to the hospital, according to Kacie Paxton, a public information officer for the Ketchikan Gateway Borough. One of those people was later released, she said.

Mandatory evacuations were put in place after the landslide swept through several streets in Ketchikan at about 4 p.m. Sunday, Paxton said. Alaska State Troopers and local authorities were undertaking search and rescue operations.

Gov. Mike Dunleavy issued an Alaska Disaster Emergency Declaration. A separate Joint Disaster Emergency Declaration was issued by borough Mayor Rodney Dial and city of Ketchikan Mayor Dave Kiffer.

“In my 65 years in Ketchikan, I have never seen a slide of this magnitude,” Kiffer said in a statement. “With the slides we have seen across the region, there is clearly a region-wide issue that we need to try to understand with the support of our state geologist.”

“The loss of life that we have encountered is heartbreaking, and my heart goes out to those who lost their homes,” he added.

Photos released by the borough appeared to show a pile of trees and loose soil up against several hillside homes, at least one of which appeared to have been pushed into another home. Other photos appeared to show roads covered with debris, including trees.

“Our prayers are with the families, the injured, those recovering, and the community,” Sen. Dan Sullivan said on social media, later adding, “My team and I stand ready to help facilitate any federal assistance that may be necessary.”

Ketchikan Gateway Borough officials warned Monday morning that “the slide area remains unstable.”

“State and local geologists will be onsite mid-morning to assess the area for potential secondary slides,” officials said. “A NOAA weather team and representatives from the State Emergency Operations Center will also be on scene.”

This landslide comes as Ketchikan saw about 3 inches of rain this month — about half its average rainfall for August.

Ketchikan received over 2.5 inches of rainfall over this weekend, and higher elevations in the Ketchikan Range reported 5 to 9 inches of rain. Too much rain at once after a drier period can cause a landslide.

The rain will continue Monday morning and then dry off through Tuesday. More rain is expected Wednesday and Thursday as a new frontal system moves in.

Landslides are common in southeast Alaska. Six people were killed, including an 11-year-old girl, in a major landslide in Wrangell, about 100 miles north of Ketchikan, last November.

Copyright © 2024, ABC Audio. All rights reserved.

(BRIDGETON, N.J.) — A 24-year-old woman has been charged for allegedly hopping a fence at a New Jersey zoo and “enticing” a tiger, according to police.

Zyair Dennis was charged with one count of defiant trespassing and was issued two city ordinances related to climbing fences in the zoo, Bridgeton police said in a statement Monday.

Dennis allegedly entered a restricted area at the Cohanzick Zoo on Aug. 18, according to police.

Witnesses gave authorities video and photos that showed a woman jumping over the fence, approaching the caged tiger enclosure and “reaching into the cage before quickly pulling her hand out when the animal reacted aggressively,” police said.

Police said she was almost injured when she “enticed” the tiger.

The woman was allegedly also seen on video “depicting the same scenario at the bear enclosure,” police said.

Last week, Bridgeton police released information and images from the incident in an effort to identify the suspect. Police said Monday that the footage helped them identify Dennis.

Dennis’ appearance in Bridgeton Municipal Court has not been scheduled, police said.

ABC News’ Julia Reinstein contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

(AUSTIN, Texas) — The 29-year-old daughter of a former longtime MLB pitcher has been missing since last week after visiting a bar with her ex-boyfriend, according to police.

Brenna Swindell, the daughter of Greg Swindell, was last seen on Aug. 22 at Poodies Hilltop Bar in Spicewood, Texas, outside Austin, according to the Austin Police Department.

Swindell was at the bar at about 10:20 p.m. with her ex-boyfriend, Morgan Guidry, who has also not been seen since Thursday. Both of their cellphones have been off since Friday, police said.

Swindell is about 5-foot-4 and approximately 120 to 140 pounds, according to Austin police. She has brown hair and hazel eyes and tattoos on both arms.

Police identified a vehicle she might be traveling in — a white 2022 Kia Carnival minivan with Texas license plate VFS 7528 — and said she was “possibly seen” in Colorado Springs or Denver.

Police did not offer further information, but a post on Greg Swindell’s Facebook said that a license plate reader in Colorado flagged the Kia, owned by Brenna Swindell, on Friday night. Greg Swindell posted on his X account that people should be on the lookout for the vehicle in Idaho as well.

“Ms. Swindell has not been in usual contact with her family and friends,” Austin police wrote in a statement. “APD is concerned about her safety and immediate welfare.”

Greg Swindell played 17 seasons in the majors as a starting pitcher early in his career and later as a relief pitcher. He played for six different teams, including Cleveland, Cincinnati, Houston, Minnesota, Boston and Arizona. He finished his career with a record of 123-122 and a 3.86 ERA and won a World Series title with the Diamondbacks in 2001.

He was the No. 2 overall pick in the 1986 MLB draft out of the University of Texas at Austin.

“First of all, I can’t thank you enough for the shares and messages…I have been sifting through them while Greg is in Austin with the police,” Swindell’s wife, Sarah, wrote on his Facebook, adding, “Please continue to pray for the safe return. Thank you all so much again.”

ABC News’ Jenna Harrison and Jen Watts contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

(BOSTON) — The family of a Boston police officer whose death is at the center of the Karen Read murder case has filed a wrongful death lawsuit against her and two Massachusetts bars they went to before his death.

John O’Keefe III, 46, was found dead the morning of Jan. 29, 2022, outside a home in Canton, Massachusetts, police said. The civil lawsuit, filed Monday, alleged that his girlfriend, Read, struck him with her car while intoxicated and left him for dead.

The lawsuit, which includes O’Keefe’s brother, parents and niece as plaintiffs, is suing Read and two bars — C.F. McCarthy’s and Waterfall Bar and Grille — for unspecified damages, alleging wrongful death and negligent infliction of emotional distress.

Read’s attorney told ABC News her defense team is not commenting on the lawsuit at this time.

A representative for C.F. McCarthy’s had no comment when contacted by ABC News. ABC News was unable to reach the owner of Waterfall Bar and Grille.

The lawsuit comes after a judge declared a mistrial last month in the case against Read, who was charged with second-degree murder, manslaughter while operating a motor vehicle under the influence and leaving the scene of a fatal accident. She had pleaded not guilty.

Prosecutors alleged she hit O’Keefe with her car and left him to die in the middle of a snowstorm after the two got into an argument earlier in the day.

Judge Beverly Cannone declared a mistrial in the case on July 1 after the jury said it was unable to reach a unanimous consensus on the fifth day of deliberations. The Norfolk District Attorney’s Office said they planned to retry the case, and the new trial has been scheduled to start on Jan. 27, 2025.

Cannone last week denied a request to dismiss two of Read’s charges — second-degree murder and leaving the scene of a fatal accident — in the retrial. Read’s attorneys had argued in court filings that retrying her on the charges would violate double jeopardy protections because, based on subsequent statements from four jurors, the jury had reached a unanimous decision to acquit Read on the charges.

In her ruling released on Friday, Cannone concluded that double jeopardy was not at issue “because the defendant was not acquitted of any charges and defense counsel consented to the court’s declaration of a mistrial.”

Read has strenuously denied the allegations, and her lawyers alleged that a fellow police officer was involved in O’Keefe’s death and colluded with others in a cover-up.

The lawsuit alleges Read and O’Keefe’s relationship had been “deteriorating” in the months leading up to his death, during which time Read “picked fights, experienced jealousy and had delusions of unfaithfulness.”

Read was served seven alcoholic drinks over roughly an hour and a half while at C.F. McCarthy’s with O’Keefe on the night of Jan. 28, 2022, and “showed signs of intoxication,” the lawsuit alleges. The lawsuit then alleges she carried out her drink and went to Waterfall, where she was served one shot and one mixed alcoholic drink, before leaving with O’Keefe shortly after midnight and driving him to a residence in Canton.

The lawsuit alleges the two had an argument and she “drove her SUV and hit” O’Keefe, then fled the scene and went to O’Keefe’s home. The lawsuit claims Read returned to the residence later that morning and observed him “laying on the ground, buried in the snow, where she had earlier left him to die.” O’Keefe suffered trauma injuries before becoming hypothermic, the lawsuit states.

The lawsuit alleges the two bars negligently service alcohol to an intoxicated person, and that Read “intended the reckless conduct that resulted in [O’Keefe’s] injuries/death.”

The lawsuit also alleges Read “intentionally and/or recklessly inflicted severe emotional distress” on O’Keefe’s then-14-year-old niece, who was under his care. Read allegedly returned to his home, woke the teen up and told her something had happened to her uncle, that “she hit her uncle or a snow plow hit her uncle,” according to the lawsuit.

Copyright © 2024, ABC Audio. All rights reserved.

(SPRINGFIELD, Ill.) — The legal team of Sean Grayson, the former deputy charged with fatally shooting Illinois mother Sonya Massey in her home, notified the court Monday during his first pretrial hearing that they filed a request for an appeal with the Illinois Appellate Court last week following a lower court’s decision to deny Grayson’s pretrial release, according to Grayson’s lawyer.

Grayson has been charged with first-degree murder, aggravated battery with a firearm and official misconduct in Massey’s death after she called 911 to report a prowler. He has pleaded not guilty to the charges and remains in custody.

A review by Illinois State Police found Grayson was not justified in his use of deadly force. He was fired from his position with the Sangamon County Sheriff’s Office on July 17, the same day the charges were filed against him.

Grayson’s defense team requested his pretrial release from jail twice. In their latest request, the team argues in a motion filed earlier this month that he is currently under cancer treatment and will not receive adequate care in the Menyard County Jail, where Grayson is currently being held. They also stated that he does not pose a threat to Massey’s family.

Judge Ryan Cadagin denied the requests on July 18 and Aug. 9, according to the circuit court.

“Mr. Grayson is not being treated any differently than any other defendant that walks into the courthouse this morning, or is in custody, as well for a felony and they’re detained,” Mark Wykoff, Grayson’s attorney, told reporters at the circuit court after the hearing.

Wykoff said it could take up to three to four months for a decision to come out of the appellate court. If the appellate court approves the appeal, the defense can then petition the Illinois Supreme Court to review the appellate court’s decision, according to the Illinois Courts website.

In Monday’s hearing, the defense requested more time for discovery — the exchange of information between the prosecution and defense about witnesses and evidence they’ll present at trial, according to the court. Cadagin granted their request and ordered a status hearing for Oct. 21.

Grayson’s job with Sangamon County was one of six different police jobs he held over the past four years.

Prior to his employment with Sangamon, Grayson worked at the Logan County Sheriff’s Office for just under a year. According to audio files obtained by ABC News, Grayson’s then-boss, Logan County Chief Deputy Nathan Miller, expressed concerns over Grayson violating department policy and submitting inaccurate reports while discussing his mishandling of a traffic case.

Sangamon County Sheriff Jack Campbell, who announced he will retire at the end of August in connection to hiring Grayson, previously told ABC News that Sangamon County was not aware of this incident when Grayson was hired. Without knowledge of his disciplinary issues at Logan County, Campbell said that Grayson presented no red flags.

“Some individuals would rather see our community divided and in turmoil, than allow me to continue serving as Sheriff,” he said. “The health of me and my family, the Sheriff’s Office, and our community has to be my priority.”

Prior to Grayson’s time in public law enforcement, he was discharged from the U.S. Army for unspecified “misconduct (serious offense),” according to documents obtained by ABC News.

ABC News also learned that Grayson was charged with two DUI offenses in Macoupin County, Illinois, in August 2015 and July 2016, according to court documents.

Grayson, 30, and a second, unnamed deputy responded to Massey’s 911 call on July 6 reporting a possible intruder at her Springfield home.

Body camera footage shows Massey, who was unarmed, telling the two responding deputies, “Please, don’t hurt me,” once she answered their knocks on her door. Grayson responded, “I don’t want to hurt you, you called us.”

Later in the video, while inside Massey’s home as she searches for her ID, Grayson points to a pot of boiling water on her stove and says, “We don’t need a fire while we’re in here.”

Massey then pours the water into the sink and tells the deputy, “I rebuke you in the name of Jesus.”

Grayson then shouts at Massey and threatens to shoot her, the video shows, and Massey apologizes and ducks down behind a counter, covering her face with what appears to be a red oven mitt. She briefly rises, at which time Grayson shoots her three times in the face, the footage shows.

Grayson said he feared for his life during his encounter with Massey, according to documents released by the Sangamon County Sheriff’s Office in August.

“While on scene, I was in fear Dep. (redacted) and I were going to receive great bodily harm or death. Due to being in fear of our safety and life, I fired my duty weapon,” Grayson wrote in his field case report.

The Menard County Sheriff’s Office said in a statement that Grayson “is not receiving any preferential treatment, nor being afforded any privileges or benefits not afforded to other inmates of the Menard County Jail.”

ABC News’ Meredith Deliso contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

(NEW YORK) — Nearly one million spectators are expected to attend the US Open, which begins Monday in Queens, New York. Although a new assessment warns that large events “remain attractive targets for attacks by violent extremists and malicious actors,” the NYPD said there are currently no known causes for concern.

“There are no specific or credible threats to the US Open. However, we’re in a different threat environment than we were last year at this time. And so when we are collectively thinking through all of the measures that we’re putting in place around this US Open, we are mindful of what’s happening around the world,” said NYPD Deputy Commissioner of Counterterrorism Rebecca Weiner at a Monday press conference.

“We recognize that this is an environment where there’s a lot of protest activity,” Weiner added.

The focal point is Arthur Ashe Stadium, where the US Open will be played, but suspects could use “a broad range of tactics – including elevated position gunfire, vehicle ramming, edged weapons, and improvised explosive/incendiary devices (IED/IID), etc. – at a congested chokepoint areas, such as the Flushing Meadows pedestrian bridge between the Mets-Willets Point train station and the East Gate entrance of the USTA Tennis Center, requiring elevated situational awareness,” according to the threat assessment document obtained by ABC News.

Drones will hover over elevated subway lines to monitor for threats, according to officials. Police will also deploy dogs, explosive detection equipment and the bomb squad during the event.

“We cannot overstate how important it is for the people to be engaged, invested and aware. So if you are here at the US Open and you see anything that does not look right or does not feel right, call 911. Tell a police officer right away,” Police Commissioner Edward Caban said at the press conference.

Two protesters were arrested at last year’s US Open when they began shouting and one glued his feet to the ground during a match between Coco Gauff and Karolina Muchova. Another spectator was ejected from a game a few days earlier after German player Alexander Zverev accused the man of quoting a phrase from Adolf Hitler’s Nazi regime.

Copyright © 2024, ABC Audio. All rights reserved.

(LOVELOCK, Nev.) — Authorities are investigating the death of a female attendee who died on the first day of the Burning Man Festival in Nevada’s Black Rock Desert.

Burning Man’s emergency services personnel found the victim unresponsive around 11:30 a.m. Sunday, according to the Burning Man Project. Deputies responded and confirmed her death, Pershing County Sheriff Jerry Allen said.

“This death will remain under investigation until a Cause and Manner can be determined, which will be updated at the conclusion of an autopsy,” Allen said in a statement.

Her name and age have not been released, pending notification of next of kin.

“Our thoughts and condolences go out to the family and friends affected by this loss,” festival organizers said in a statement. “The safety and well-being of our staff and community are paramount. We are cooperating fully with local authorities as they investigate. … Out of respect for the privacy of the grieving family, we will not be providing further details at this time.”

This year’s Burning Man festival runs from Aug. 25 to Sept. 2. About 80,000 people attend Burning Man each year, according to the festival’s website.

Last year’s festival was marred by torrential rains, with thousands mired in mud and told to stay in place and conserve food until they could safely exit the festival grounds.

Copyright © 2024, ABC Audio. All rights reserved.

(NEW YORK) — Thirty-eight million people are under heat alerts Monday as dangerously high temperatures are set to take over the Midwest.

An excessive heat warning has been issued in Chicago, where the heat index — what the temperature feels like with humidity — could reach a scorching 110 degrees on Monday and Tuesday.

The cities of Minneapolis; Madison, Wisconsin; and Omaha, Nebraska, are also under excessive heat warnings. The heat index may climb as high as 115 degrees in these cities on Monday.

In Detroit, public schools will be released three hours early on Monday and Tuesday due to the heat.

The heat will spread east and south through the week. Record highs are possible from Chicago to Louisville, Kentucky, on Tuesday and from Nashville, Tennessee, to Washington, D.C., on Wednesday.

This comes after record-high temperatures in Texas this weekend. Amarillo climbed to a record of 104 degrees on Sunday.

There are hundreds of deaths each year in the U.S. due to excessive heat, according to CDC WONDER, an online database, and scientists caution that the actual number of heat-related deaths is likely higher.

Click here for tips on how to stay safe in the heat.

Copyright © 2024, ABC Audio. All rights reserved.