National

(ATLANTA) — Former President Donald Trump and some of his co-defendants in the Fulton County election interference case on Monday kicked off the process to appeal the judge’s disqualification ruling that ultimately kept District Attorney Fani Willis on the case, asking the court in a new motion to grant a certificate of immediate review.

“A criminal defendant is entitled to a disinterested prosecutor,” the Monday filing states.

Trump and his co-defendants must be granted the certificate by Judge Scott McAfee, who oversees the case, in order to appeal his ruling on the disqualification issue up to the Georgia Court of Appeals. If McAfee declines to grant the certificate, they cannot appeal the ruling at this time. If Trump and his co-defendants are granted the certificate, it is left to the Georgia Court of Appeals to determine if they will take it up — a move some legal experts say could result in a pause in the case.

Nathan Wade, the lead prosecutor in the Fulton County election interference case, resigned Friday as special prosecutor following a ruling by the judge overseeing the case. Wade’s resignation came hours after McAfee declined to outright disqualify Willis, but ruled either she or Wade must step aside from the case due to a “significant appearance of impropriety” stemming from a romantic relationship between Willis and Wade.

Per the judge’s ruling, Wade’s resignation means Willis and the rest of her team will remain on the case.

The joint filing Monday afternoon from Trump, Rudy Giuliani, Mark Meadows, Michael Roman and others states Wade’s resignation is “insufficient” to “cure the appearance of impropriate the Court has determined exists.” The filing also notes the lack of “appellate guidance” previously on the issue.

“Whether District Attorney Willis and her Office are permitted to continue representing the State of Georgia in prosecuting the Defendants in this action is of the utmost importance to this case, and ensuring the appellate courts have the opportunity to weigh in on these matters pre-trial is paramount,” the filing states.

In his ruling, McAfee ultimately decided the defendants failed to prove that Willis’ romantic relationship with Wade — and their subsequent travel — amounted to a conflict of interest. But McAfee said there was a “significant appearance of impropriety” left with the case.

The filing from Trump on Monday also states that “immediate appellate review” is needed of the order “based upon the personal stake that she has acquired in this prosecution,” saying the appellate court would likely find Willis’ disqualification is “required” based solely on the appearance of impropriety.

Trump and his codefendants also warned that if the certificate is not granted and the case goes to trial but then is later overturned on appeal, that would “likely require the retrial of every convicted defendant.”

“Given the length and complexity of the trial(s) in this case … either the Court nor the Parties should run an unnecessary risk of having to go through that process more than once,” the filing states.

The motion restates the defendants’ position that “relevant case law requires dismissal of the case, or at the very least, the disqualification of the District Attorney and her entire office.”

McAfee’s highly anticipated ruling on Friday followed a contentious, monthslong disqualification effort spearheaded by Trump and his co-defendants over allegations of misconduct against Willis, which she has fiercely denied.

Roman and several other Trump co-defendants first sought Willis’ disqualification from the election case over allegations that she benefited financially from her romantic relationship with prosecutor Wade, whom she hired for the case, through vacations they took that were often booked on his credit card.

Willis and Wade admitted to the relationship, but said it “does not amount to a disqualifying conflict of interest” and that the relationship “has never involved direct or indirect financial benefit to District Attorney Willis.” The DA testified that she often paid Wade back in cash for trips they took.

McAfee held several days of hearings to hear arguments over the allegations, during which both Willis and Wade took the stand to deliver emotional testimony.

Outside of allegations of financial misconduct, a debate later emerged over the exact timeline of their romantic relationship. Trump’s attorney said both Willis and Wade were “not truthful” when they testified that the relationship began in 2022, after Wade was hired in 2021, urging the judge to disqualify them based on that testimony alone.

Willis’ office dismissed the defendants’ overall disqualification efforts as “absurd” and said there was “absolutely no evidence that [Willis] received any financial gain or benefit.” They insisted that in order to disqualify her, the law requires the judge to find evidence of a conflict of interest or forensic misconduct.

Trump and 18 others pleaded not guilty last August to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia.

Defendants Kenneth Chesebro, Sidney Powell, Jenna Ellis and Scott Hall subsequently took plea deals in exchange for agreeing to testify against other defendants.

The former president has dismissed the district attorney’s investigation as being politically motivated.

Copyright © 2024, ABC Audio. All rights reserved.

(NEW YORK) — Six former Rankin County, Mississippi, law enforcement officers are set to be sentenced beginning Tuesday morning after pleading guilty to federal charges stemming from the racially motivated torture of two Black men during an incident that took place on Jan. 24, 2023.

Former Rankin County sheriff’s (RCSO) deputies Brett McAlpin, Christian Dedmon, Hunter Elward, Jeffrey Middleton and Daniel Opdyke, along with Joshua Hartfield, a former Richland police officer, pleaded guilty to a total of 16 federal charges related to the torture and physical abuse of three Rankin County men in two unrelated incidents, according to a statement released by U.S. Department of Justice on Aug. 3, 2023.

The charges include civil rights conspiracy, deprivation of rights under color of law, discharge of a firearm during a crime of violence, conspiracy to obstruct justice and obstruction of justice. 

According to the charging documents, the incident on Jan. 2023 took place when a white neighbor claimed in a complaint to McAlpin, the chief RCSO investigator, that she observed “suspicious activity” from Black men staying at a nearby property.

McAlpin asked Dedmon, who was an RCSO investigator at the time, to look into the incident, and Dedmon proceeded to reach out to a group of shift officers who called themselves “The Goon Squad” because of their “willingness to use excessive force and not report it,” according to the documents.

During the incident, the officers beat Jenkins and Parker, sexually assaulted them with a sex toy and shocked them with Tasers for roughly 90 minutes while handcuffed, according to court documents obtained by ABC News. Jenkins was also shot in the mouth by Elward, per the DOJ.

And while Jenkins was bleeding on the floor, instead of providing medical aid, the officers “devised a false cover story to cover up their misconduct” and proceeded to “plant” and “tamper with evidence” to corroborate their story, the DOJ said.

“The defendants in this case tortured and inflicted unspeakable harm on their victims, egregiously violated the civil rights of citizens who they were supposed to protect, and shamefully betrayed the oath they swore as law enforcement officers,” DOJ Sec. Attorney General Merrick B. Garland said in a statement on Aug. 3, 2023. “The Justice Department will hold accountable officers who abuse the public trust that is essential to public safety.”

The officers admitted that on Jan. 24, 2023, they entered a home where Jenkins and Parker were staying in Braxton, Rankin County, Mississippi, where they handcuffed and arrested the two men “without probable cause to believe they had committed any crime, called them racial slurs, and warned them to stay out of Rankin County,” the DOJ said in a statement on Aug. 3, 2023, announcing the guilty pleas.

According to the federal charging documents obtained by ABC News, sentencing maximums range from three years in prison for lesser offenses to life in prison for the most serious offense of discharging of a firearm during a crime of violence.

The two victims — Michael Jenkins and Eddie Parker — spoke out during a press conference Monday morning about the enduring trauma of the experience as their attorneys called on the judge to give the former officers the “maximum sentence.”

“I’d like to thank everybody for supporting us and believing in us,” said Jenkins, who was shot in the mouth during the incident. “It’s been very hard for me this past year. I’m just looking forward to justice tomorrow. I hope they do right. Hope for the best and prepare for the worst.”

Parker, who is set to testify during the sentencing hearings this week, per his attorney, said that it’s been a “hard year,” and he’s glad that the day of sentencing, which was delayed twice before, has finally come.

“Everything needs to be done right because everything was done wrong,” Parker said. “What’s done already, man, can’t be erased; it can’t be taken back. I relive this every day.”

Malik Shabazz, the lead attorney for Jenkins and Parker, said that his clients have “been through a lot of trauma” and called on U.S. District Judge Tom Lee to give each of the former officers the “maximum sentence.”

“The day of justice has finally come,” he said. “That’s an important day, not only in Mississippi, but this is an important day for accountability for police brutality, all throughout America. Police officers are watching this sentencing … they’re watching to see whether law enforcement in Mississippi and law enforcement in America will be held sufficiently accountable for their acts of torture and brutality.”

The officers have not responded to ABC News’ requests for comment.

Dedmon, Elward and Opdyke also pleaded guilty to three additional federal felony offenses related to a separate incident that took place on Dec. 4, 2022, per the DOJ.

The U.S. The Department of Justice launched an investigation into the incident in Feb. 2023, along with the FBI, amid outrage from the community and as attorneys for Jenkins and Parker filed a notice of claim for a $400 million federal lawsuit. The Mississippi Bureau of Investigation also investigated the case that led to state charges against the officers.

“It’s in court, and we’re fighting,” Shabazz told ABC News on Monday when asked about the status of the lawsuit.

In an Oct. 2023 response to the complaint obtained by ABC News, the officers denied the allegations alleged in the lawsuit.

Copyright © 2024, ABC Audio. All rights reserved.

(NEW YORK) — The New York City Department of Education is investigating claims that hundreds of new books — many that were about people of color and LGBTQ identities — were thrown in the trash at a Staten Island school after the NYC news outlet The Gothamist first reported the discovery.

The outlet reported that several of the discarded books, found at PS 55 The Henry M. Boehm School, had notes written on them potentially citing reasons for their removal.

For example, a book about Native American history called We Are Still Here had a note that read “negative slant on white people,” while a note on the immigration story My Two Border Towns, read “our country has no room and it’s not fair,” according to The Gothamist. The outlet stated that another book thrown out was about singer and activist Nina Simone, which had a note that read: “This is about how Black people were treated poorly but overcame it. (Can go both ways).” ABC News could not independently verify this information.

In a statement to ABC News, the department stated it is conducting an investigation “to understand what happened in this situation.”

“Our public schools do not shy away from books that teach students about the diverse people and communities that make up the fabric of our society,” a Department of Education spokesperson said. “We do not condone the messages found on these books.”

According to a department spokesperson, PS 55 school leadership has said it will ensure that policies and procedures will be followed in the future related to discarded books or other material.

Libraries and schools across the country are facing a growing battle over book-banning efforts, according to recently released data from the American Library Association. About 47% of the titles targeted last year were by or about people of color or the LGBTQ community, the data showed.

The ALA recorded a record-breaking total of 4,240 unique book titles targeted for removal or restriction in schools and libraries in 2023, topping the previous record of 2,571 unique titles in 2022.

Many of the efforts to target books came from politicized groups or individuals demanding the censorship of multiple titles — often dozens or hundreds at a time — which drove the surge in book challenges, the ALA said.

“Should a parent feel concerned about the literature in their child’s classroom, they are encouraged to reach out to the teacher, principal, or superintendent,” said the department. “If a parent chooses to move forward with challenging a book, a Materials Evaluation Committee is formed to review and evaluate the book.”

PS 55 school officials have not yet responded to ABC News’ requests for comment.

Copyright © 2024, ABC Audio. All rights reserved.

(NEW YORK) — The judge overseeing former President Donald Trump’s criminal prosecution in New York has denied Trump’s attempts to exclude the infamous “Access Hollywood” tape and testimony from key witnesses from his upcoming criminal trial.

The defense argued Michael Cohen, Trump’s former lawyer, should not be allowed to testify because he has a history of lying, arguing that calling him to the witness stand would amount to suborning perjury.

Judge Juan Merchan rejected the argument.

“This Court has been unable to locate any treatise, statute or holding from courts in this jurisdiction or others that support defendant’s rational that a particular witness should be kept off the witness stand because his credibility has been previously called into question,” Merchan said.

He also will allow Stormy Daniels to testify since she is the recipient of the $130,000 hush payment at the center of the case, writing, “The probative value of the evidence is evident.“

Merchan declined to omit the “Access Hollywood” tape in which Trump is overheard bragging about how he approaches women.

Trump’s criminal trial in New York has been delayed until at least mid-April.

Copyright © 2024, ABC Audio. All rights reserved.

(WASHINGTON) — The Environmental Protection Agency on Monday announced a United States ban on the ongoing use of chrysotile asbestos — a carcinogen that the agency estimates is linked to more than 40,000 U.S. deaths each year.

The announcement comes as part of President Joe Biden’s Cancer Moonshot initiative, which is using federal resources to make progress on cancer research and treatment.

“While the use of asbestos in the United States has been declining for decades, the use of chrysotile asbestos has continued to this day. Because of its resistance to heat, fire and electrical conduction, it has remained in use for a variety of construction and industrial products,” EPA Administrator Michael Regan said in a Monday press call.

“But the science is clear and settled,” Regan added. “There is simply no safe level of exposure to asbestos.”

Chrysotile asbestos is the only known form of asbestos currently used in or imported to the U.S. Exposure to asbestos can cause lung cancer, mesothelioma, ovarian cancer and other health issues, Regan said. It is also linked to more than 40,000 deaths in the U.S. each year, according to the EPA.

“Asbestos has harmed people across the country for decades, and under President Biden’s leadership, we are taking decisive action to ban its use and advance this administration’s historic environmental justice agenda,” White House Council on Environmental Quality Chair Brenda Mallory said in a news release. “This action marks a major step to improve chemical safety after decades of inadequate protections, helping advance President Biden’s Cancer Moonshot goal to end cancer as we know it.”

The EPA previously tried to ban asbestos in most products under the Toxic Substances Control Act in 1989, but the U.S. Fifth Circuit Court of Appeals ruled the ban could apply only to products that would use asbestos for the first time. Continued use of asbestos in existing products was permitted.

Asbestos is currently used in the U.S. in products such as brake linings and gaskets in cars and in the production of chlorine.

Monday’s ban is the first the EPA has issued for existing chemical use since Congress updated the Toxic Substances Control Act in 2016, which changed the process for evaluating and addressing safety concerns.

“The failed asbestos ban from over 30 years ago was the reason why we needed to rewrite TSCA. And why Congress did so with almost unanimous support in 2016,” said Michal Freedhoff, assistant administrator for the Office of Chemical Safety and Pollution Prevention. “Today’s rule is important for public health, but it’s also a symbol of how the new law can and must be used to protect people.”

Regan called the ban a “sign of what’s to come.”

“The Biden administration is transforming the way EPA is using the new chemical safety law to do what it was meant to do — protect people from toxic chemicals,” he said.

The EPA has set compliance deadlines for the ban to transition away from different uses of chrysotile asbestos, attempting to provide a reasonable transition period while discontinuing the use of asbestos in each product as soon as possible, the agency said.

“At EPA, protecting public health and the environment is our privilege and our greatest responsibility,” Regan said. “And today’s rule is a major step forward in helping us to achieve our goals.”

Copyright © 2024, ABC Audio. All rights reserved.

(WASHINGTON) — The U.S. Capitol Police on Monday started wearing body-worn cameras as part of its pilot program to protect its officers and members of Congress as well as enhance public trust, its chief said.

Seventy Capitol Police officers will wear the body cameras during the 180-day program. Eleven Capitol Police cruisers will be outfitted with dashboard cameras that will automatically record if a cruiser’s emergency lights are triggered.

“I was confident that the cameras would do two things. First, they would remind the public just how challenging the law enforcement profession can be,” Capitol Police Chief Tom Manger said in a news release. “Second, the cameras would also showcase the great work our cops do day in and day out. This is a great accountability tool for everyone.”

Body cameras will not be used inside buildings on the Capitol or during interactions with members of Congress, Capitol Police said, as a measure to “protect the constitutional duties of members of Congress.”

“The cameras will record public interactions requiring a police response,” Capitol Police said in the release.

Officers will inform people if they are being recorded at the beginning of an interaction, and the cameras will record video and audio when officers use firearms or tasers, Capitol Police said.

The program comes after a review of Capitol security released following the Jan. 6 attack recommended Capitol Police use body-worn cameras to improve police accountability and protect officers from false accusations.

Once the pilot program is completed, a task force including sworn and civilian supervisors in the department will use feedback to analyze the program, and Manger will send a recommendation regarding a permanent body worn camera program to congressional stakeholders.

Copyright © 2024, ABC Audio. All rights reserved.

(WASHINGTON) — Former President Donald Trump and some of his co-defendants in the Fulton County election interference case on Monday kicked off the process to appeal the judge’s disqualification ruling that ultimately kept District Attorney Fani Willis on the case, asking the court in a new motion to grant a certificate of immediate review.

This is a developing story. Please check back for updates.
 

Copyright © 2024, ABC Audio. All rights reserved.

(NASHVILLE, Tn.)– Newly released video shows missing college student Riley Strain briefly speak with a police officer on the night he vanished in Nashville, Tennessee.

Officer Reginald Young came across Strain, 22, while responding to a car burglary on Gay Street, south of the Woodland Street Bridge, on the night of March 8, according to Nashville police.

Around 9:50 p.m., Strain walked by alone. The officer asked how he was doing, and Strain responded, “I’m good, how are you?”

“No video has been discovered that shows Riley away from Gay St after the 9:52 p.m. timeframe,” police said Monday.

Strain disappeared on the night of March 8 after drinking in Nashville’s Broadway area, according to police. The University of Missouri senior was visiting Nashville with his Delta Chi fraternity brothers for their formal, his family said.

Police earlier released video showing Strain at 9:47 p.m., crossing the street with a group and checking his phone. He then stopped and changed directions for a moment before proceeding down the street behind the group.

Surveillance video from 9:46 p.m. showed Strain walking alone as he stumbled down a street. An additional angle showed Strain running and falling down.

Strain’s friends last saw him that night when he was kicked out of country star Luke Bryan’s bar, called Luke’s 32 Bridge, one of the friends told police.

On Sunday, police said Strain’s bank card was found on the embankment between Gay Street and the Cumberland River, near Riverfront Park.

There’s no evidence of foul play, according to authorities.

The search is ongoing. Police said they’ve been searching the area by foot, by drone and by boat, including using boats with sonar equipment.

Copyright © 2024, ABC Audio. All rights reserved.

Three separate, unrelated shootings erupted within an hour in Jacksonville Beach, Florida, on Sunday night, leaving one person dead and several hurt, according to authorities.

The first shooting was reported at 7:50 p.m. when two people started firing guns near the Best Western Hotel, Jacksonville Beach police said on Monday.

One bystander was injured and both suspects were injured, police said.

At 8:13 p.m., a man fired shots while running in front of businesses, police said. No one was hurt, police said.

The gun was recovered but police said they are still looking for the suspect.

One person was killed in the third shooting, which unfolded around 8:31 p.m. near Sneakers Bar, police said.

Authorities said they are looking for three suspects who displayed guns.

The downtown district and bar area and the Jacksonville Beach beachfront have been “locked down,” and will remain shut down until further notice, Sgt. Tonya Tator told reporters Sunday night.

“We’ve got a lot of work ahead of us to figure out everything, put all the pieces together,” she said.

ABC News’ Jessica Gorman, Darren Reynolds and Okelo Pena contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

A suspect accused of killing three family members, including his 13-year-old sister, in a Philadelphia suburb and then fleeing to New Jersey is now in custody, officials said.

The suspect — identified as 26-year-old Andre Gordon Jr. — was initially reported to be barricaded with hostages inside a residence in Trenton midday Saturday, hours after the shootings unfolded at two residences in Falls Township, Pennsylvania, police said.

Following an hourslong standoff, police received information that Gordon was possibly on the street, according to Trenton Police Director Steve Wilson. The suspect, who was found walking several blocks from the home, was apprehended without incident Saturday evening, Wilson said.

Gordon may have “slipped out” of the residence before police were able to establish a perimeter around the home, Wilson said.

Residents in the home and neighboring residences had been safely evacuated while authorities presumed Gordon to be barricaded inside, police said.

Gordon had been sought in connection with shootings that occurred Saturday morning at two homes in Levittown, a community within Falls Township, officials said.

Gordon allegedly carjacked a vehicle in Trenton before traveling to the area and “forcibly” breaking into both homes, according to Bucks County District Attorney Jennifer Schorn. He was armed with an AR-15-style assault rifle, according to Falls Township Chief of Police Nelson Whitney.

Gordon was charged in Pennsylvania with three counts of first and second-degree murder, aggravated assault, robbery and other charges, according to court documents. In New Jersey, Gordon was charged with first-degree carjacking and weapons offenses, New Jersey Attorney General Matthew J. Platkin said in a statement Sunday.

“The string of violent acts … is the latest in a horrific litany of illustrations of how illegal guns and assault rifles can empower one aggrieved and disturbed actor,” Platkin said. “We will pursue justice for the victims and hold the defendant accountable for his reprehensible actions.”

Falls Township officers were first dispatched to a residence on Viewpoint Lane at approximately 8:52 a.m. ET on Saturday where two people had been fatally shot, police said. The victims were the suspect’s 52-year-old stepmother, Karen Gordon, and his 13-year-old sister, Kera Gordon, according to Schorn.

Three other family members in the house, including a minor, managed to hide and “avoid being shot by Gordon as he went through the house searching for them,” Schorn told reporters during a press briefing on Saturday.

A 25-year-old woman was then shot and killed at a residence on Edgewood Lane at approximately 9:01 a.m., police said. The victim, Taylor Daniel, shared two children with the suspect, Schorn said.

Four other people were present in the home at the time, including the two children and Daniel’s mother, Schorn said. She suffered non-life-threatening injuries after Gordon allegedly bludgeoned her with the assault rifle, Schorn said.

Gordon is accused of then stealing a 2016 dark gray Honda CRV at gunpoint to flee back to Trenton. The carjacking occurred at approximately 9:13 a.m. in the parking lot of a Dollar General in Morrisville, police said. The operator of the vehicle was unharmed.

The Honda CRV was recovered unoccupied in Trenton at approximately 11:38 a.m. on Saturday, according to Falls Township police.

Authorities in Trenton have not recovered a rifle, Wilson said. P

The suspect was expected to be brought to the Trenton Police Department for processing and eventually extradited to Pennsylvania, according to Wilson.

Schorn said she could not speak to a motive at this time or the suspect’s past criminal history.

Chief Whitney said police have had “minor” contacts with Gordon in the past but “nothing that would indicate anything like this would happen.”

The suspect is believed to be unhoused and has ties to the Trenton area, police said.

Schorn said they will investigate “every aspect” of how he came into possession of the firearm.

Police in Falls Township had issued a shelter-in-place warning amid the search for the suspect that has since been lifted.

A shelter-in-place advisement in nearby Middletown Township was similarly lifted.

The Bucks County St. Patrick’s Day parade scheduled for Saturday morning was canceled due to police activity, according to Pennsylvania State Sen. Steve Santarsiero.

Copyright © 2024, ABC Audio. All rights reserved.