(ROCHESTER, N.Y.) — Two police officers have been shot in Rochester, New York, and one is in life-threatening condition Thursday night.
The two officers were conducting a detail around 9:15 p.m. when “at least one male approached them and opened fire on them,” Lt. Greg Bello said at the scene Thursday night, Rochester ABC affiliate WHAM-TV reported.
The condition of the other officer was not immediately known. Both were rushed to the hospital.
The incident took place on Bauman Street in northeast Rochester, WHAM reported.
(NEW YORK) — The southern entrance of Yosemite National Park is scheduled to reopen now that firefighters have made headway with containing the wildfire that was threatening the park’s iconic sequoia trees.
The Washburn Fire, a wildfire that has burned through nearly 5,000 acres along the southern border of Yosemite since July 7, had reached 58% containment as of Thursday, according to the Yosemite Fire and Aviation Management.
The containment of the fire, which at one point was inching dangerously close to the Mariposa Grove, will allow the southern entrance of Yosemite National Park to open on Saturday at 6 a.m., a spokesperson for the National Park Service told ABC News.
The Mariposa Grove is one of the most popular destinations at Yosemite and is home to more than 500 mature giant sequoia trees. This summer was the second time in less than a year that an approaching wildfire neared an iconic plot of sequoia trees, some of which have been there for thousands of years.
No reports of damage to any of the named trees in the grove have been released, and some tree trunks have been wrapped in fire-resistant foil as protection.
Sprinklers have also been set up around several trees, including the Grizzly Giant, the most famous giant sequoia at Yosemite, which stands at 209 feet tall. Fire officials hope the steady stream of water, combined with prescribed burns, will be enough to protect the trees from a fatal encounter with the wildfire.
Since 2020, three fires are estimated to have killed up to 19% of the large giant sequoias in the entire Sierra Nevada population, and 85% of sequoia groves have been affected by wildfire in the past six years, according to the National Park Service.
A portion of Highway 41, which leads into the southern entrance of Yosemite, was shut down earlier this month as a result of the Washburn Fire.
The wildfire also sparked air quality alerts hundreds of miles away in California’s Bay Area, specifically the North Bay and East Bay regions.
(BATON ROUGE, La.) — Louisiana’s attorney general said he wants cities that don’t enforce the state’s abortion laws to have their funding withheld.
Louisiana was one of several states that had a trigger law banning abortion that would immediately go into effect upon the Supreme Court overturning Roe v. Wade, which occurred June 24.
A temporary order blocking enforcement of the ban was issued June 27 and has since been extended several times, with a state judge expected to hear arguments Tuesday.
However, several state officials have said if the order is lifted and the ban goes into effect, they will not enforce or prosecute offenders.
Earlier this month, the New Orleans City Council — with the support of Mayor LaToya Cantrell — passed a resolution that prohibits public funds or resources from being used by local law enforcement to enforce the trigger ban.
Orleans Parish District Attorney Jason Williams said his office will not prosecute abortion providers. Additionally, the New Orleans Police Department and the Orleans Parish Sheriff’s Office said they will not arrest or investigate providers.
In response, Louisiana Attorney General Jeff Landry called upon the state treasurer and his fellow members of the Bond Commission to delay any applications and funding for New Orleans and Orleans Parish until officials agree to enforce the ban.
“As Attorney General and member of the Bond Commission, it is my belief that a parish or municipality should not benefit from the hard-working taxpayers of this State while ignoring laws validly enacted by the people through their representatives,” he said in a statement. “I urge the Bond Commission to defer any applications for the City of New Orleans, Orleans Parish, and any local governmental entity or political subdivision under its purview.”
The statement continued, “In addition, any other funding that will directly benefit the City of New Orleans should also be paused until such time as the Council, Mayor, Chief of Police, Sheriff, and District Attorney have met with and affirmed that they will comply with and enforce the laws of this State and cooperate with any State officials who may be called upon to enforce them.”
“The Attorney General’s hostility towards reproductive freedom comes as no surprise. However, what is surprising and troubling, is that the Attorney General would place critical infrastructure and state assets in harm’s way just to score political points for his run for Governor,” said Cantrell in response to the statement.
This is not the first time Landry has made headlines for his desire to strictly enforce the state’s abortion ban despite the order blocking it.
Last month, Landry threatened the licenses of medical providers who continue to provide abortions while the ban is blocked in a letter to the Louisiana State Medical Society.
“The temporary restraining order does not — and cannot — immunize medical providers from liability from criminal conduct,” he wrote. “It is incumbent on this office to advise you that any medial provider who would perform or has performed an elective abortion after the Supreme Court’s decision … is jeopardizing his or her liberty and medical license.”
The decision by officials to not enforce abortion laws reflects moves seen in other cities in states with restrictive laws. The Austin City Council passed a measure Thursday that decriminalizes abortion within city limits even though it is effectively banned in Texas.
(SPARTA, Ga.) — A woman in Georgia has died after she was taken into custody but somehow managed to fall out of a police patrol car while authorities were taking her to the Sheriff’s Office, police say.
The incident occurred on July 15 when 28-year-old Brianna Marie Grier of Sparta, Georgia, was taken into custody by Hancock County Sheriff’s office deputies after they were called to her home on Hickory Grove Church Road, according to a statement released by the Georgia Bureau of Investigation.
“Grier was arrested at the home,” the statement from the GBI said. “While deputies were taking Grier to the Hancock County Sheriff’s Office, Grier fell out of a patrol car and sustained significant injuries.”
It is unclear if Grier was handcuffed while she was in the vehicle, how fast the car was going at the time or how exactly she was able to fall out of the car while en route to the Sheriff’s Office. The GBI statement did not say why Grier had been taken into custody in the first place.
Grier died on Thursday at Grady memorial Hospital in Atlanta, Georgia, at approximately 1:00 p.m. from injuries she sustained in the fall.
“Hancock County Sheriff Terrell Primus asked the GBI’s regional investigate office in Milledgeville to investigate on July 15 following the initial incident,” said the GBI.
Authorities said that Grier’s body will be taken to the GBI Crime Lab for an autopsy and that the GBI investigation remains active and ongoing.
(BUFFALO, N.Y.) — This past May, Aaron Salter Jr., a retired police officer, was killed in the Buffalo, New York, supermarket shooting while attempting to save others.
Nearly two months after the tragedy, his wife Kimberly and his son Aaron Salter III say they received a life-changing gift. Kimberly Salter is now mortgage-free, the son says, thanks to hip-hop and rap music producer Metro Boomin who paid off the mortgage on the home she shared with her late husband.
Salter III said his family received the gift in an Instagram post Wednesday.
After his father’s death, Salter III said he started a GoFundMe campaign to help his mother out with finances, wanting to ensure she would be “taken care of and be okay.” He said that Metro Boomin reached out to him after coming across the campaign, which has raised nearly $65,000.
“He’s got an album, ‘Not All Heroes Wear Capes,’ and he said that my story really resonated with him because he called my dad a hero and he said that he did everything he could to protect those people,” Salter III told ABC News. “He saw the story and he just wanted to help us out in any way that he could,” he added.
Salter III, who says he is a longtime fan of the producer, said his mother Kimberly was stunned when he told her about Metro Boomin’s gift.
“She was like, ‘he’s doing what?'” Salter III said. “She didn’t believe it until she logged into her account and saw that it was paid off. And when she saw it was paid off, she was very emotional. She was very happy.”
Metro Boomin, born Leland Tyler Wayne, is a popular American hip-hop music producer, DJ, and songwriter from St. Louis. He has amassed over a dozen top 20 hits, working with hip-hop and rap stars including Kanye West, Drake, Nicki Minaj, Migos, Future and Gucci Mane.
An Instagram account that appears to belong to the producer, responded to Salter III’s post, commenting, “Love always, bro, my line is always open, and I meant every single thing I said back when we spoke.”
A representative for Metro Boomin has not responded to a request for comment from ABC News.
Salter III’s father, Aaron Salter Jr., was among those killed last May after a white teenager allegedly killed 10 Black people in what authorities described as a racially motivated mass shooting.
At the time, Salter Jr. was working as a security guard for the grocery store, which is located in a predominantly Black neighborhood. When the shooter proceeded inside the store on May 14, Salter confronted him, shooting and striking the teen before he himself was fatally wounded.
While it’s unclear how many victims were saved due to Salter’s actions, Buffalo Police Commissioner Joseph A. Gramaglia told ABC News, “We’re sure he saved lives.”
“He went down fighting,” Gramaglia added. “He came in, he went towards the gunfire. He went towards the fight.”
Shortly after the shooting, Canisius College posthumously honored Salter Jr., who was just three credit hours (one course) away from graduating, with a Bachelor of Arts degree. Salter III accepted the diploma on his father’s behalf during the school’s graduation ceremony.
Two months ago, Metro Boomin suffered his own loss, when his mother, Leslie Joanne Wayne, was reportedly murdered by her husband (not Metro Boomin’s biological father), who then committed suicide, TMZ reported in June.
(WASHINGTON) — The focus of the House Jan. 6 committee’s second prime-time hearing will be what it says was then-President Donald Trump’s “187 minutes” of inaction — from the time he left the rally at the Ellipse, then watching the attack on the U.S. Capitol from the White House until he finally called on his violent supporters to go home.
Please check back for updates. All times Eastern. Jul 21, 5:53 PM EDT
Former White House staffers to testify about resigning in protest
Two former White House aides are expected to testify before the committee on Thursday, sources previously confirmed to ABC News.
Those ex-staffers are Sarah Matthews, who served as deputy press secretary, and Matthew Pottinger, who was deputy national security adviser. Both resigned from their positions after the pro-Trump mob stormed the Capitol on Jan. 6, 2021.
At the committee’s June 16 hearing, a clip from Matthews’ prior testimony was played in which she described what it was like on the White House press team as the insurrection unfolded. She said that Trump’s tweet attacking then-Vice President Mike Pence during the attack “felt like he was pouring gasoline on the fire.”
(WASHINGTON) — Senate Democrats on Thursday unveiled their long-awaited marijuana legalization proposal, announcing sweeping legislation that would lift the federal prohibition on the drug and cede power to states to determine how to regulate it.
The Cannabis Administration and Opportunity Act, championed by Majority Leader Chuck Schumer, D-N.Y., Finance Committee Chair Ron Wyden, D-Ore., and Sen. Cory Booker, D-N.J., looks to legalize marijuana at the federal level while creating FDA monitoring requirements like those that already exist for tobacco and alcohol.
“Cannabis legalization has proven immensely successful at the state level, so it is time that Congress catches up with the rest of the country,” Schumer said in floor remarks Thursday. “I am proud to be the first Majority Leader ever to say that it is time to end the federal prohibition on cannabis, and this bill provides the best framework for updating our cannabis laws and reversing decades of harm inflicted by the war on drugs.”
Schumer did not announce next steps on the legislation or whether he will attempt to bring it up for further consideration on the Senate floor, though he said he hopes to get something done on marijuana “this year”.
Voter support for legalization is growing. According to April reporting by 538, a majority of registered voters in all 50 states now favor making cannabis legal. Eighteen states, plus Washington, D.C., have legalized the recreational use of marijuana for those over 21.
“I’d ask my colleagues in the Senate to think long and hard about what keeping the federal government stuck in yesteryear means for public health and safety,” Wyden said in a statement. “By failing to act, the federal government is empowering the illicit cannabis market, it’s ruining lives and propping up deeply rooted racism in our criminal justice system, it’s holding back small cannabis businesses from growing and creating jobs in their communities. Cannabis legalization is here, and Congress needs to get with the program.”
But Congress may not be as ready for a federal change. If Schumer does try to move the legislation forward it faces an uphill battle in the Senate. At least 10 Republicans would need to support the measure for it to pass, and not all Democrats would necessarily back it either.
Still, proponents of the legislation say the simple introduction of the bill is a step in the right direction.
“I’m very excited about this day, but it also now gives us momentum to get something done,” Booker said, noting that the bill sponsors are looking for the best path to move the legislation forward.
“I want to stress that this is the beginning of the legislative process, not the end. We are going to work hard to create support for our bill, and I hope we can make more progress towards cannabis reform in the future,” Schumer said.
Lawmakers first introduced a discussion draft of the bill last summer after Schumer branded legalization as a legislative priority for Democrats. Over 1,800 comments later, the senators unveiled a bill today that aims to attend to concerns among both Democrats and Republicans about regulating marijuana.
The bill includes a host of pubic safety measures and regulations, modifies tax policy on marijuana, requires additional federal research on the impact of marijuana use and removes drug testing for federal workers in most cases.
But anti-legalization advocates fear the newly-introduced legislation does not do enough to regulate potency of cannabis, and could pose a threat to children who might be more easily able to access the legalized drug. Randi Schuster, an assistant professor at Harvard Medical School at the Center for Addiction Medicine, said at a press conference Thursday that the legislation does not do enough to set limits on products that might be appealing to kids and teens.
“We are in a position where policy has far outpaced the science, and making public policy decisions that are not aligned with science poses risk for quite a serious health concern,” Schuster said.
Critical for proponents, the Democratic proposal also focuses on racial equity. It aims to rectify harm caused by previous federal drug restrictions that have disproportionately impacted communities of color by expunging federal cannabis convictions from records and expanding access to loans and business licenses for those impacted by former federal drug policy.
“This is a comprehensive bill to right a lot of wrongs,” Booker said Thursday. “It’s a really solid restorative justice bill, opens up our nation to extraordinary economic opportunity, would create a tremendous amount of jobs, and would again correct the scales of justice.”
But Kevin Sabet, a former White House adviser for three different administrations, said Thursday he has concerns that the equity proposals aren’t enforceable. Sabet, now the president and CEO of SAM (Smart Approaches to Marijuana), an anti-legalization organization, said legalization could create another dangerous industry like “big alcohol” or “big tobacco.”
“This idea that we are going to turn people who would be poor selling marijuana on the street into successful marijuana millionaires is a dream,” Sabet said. “The idea that we are going to now get it finally right when it comes to marijuana, and everything else we’re going to let go the same but it’s going to change a lot because we’re going to give a few social equity licenses when it comes to marijuana, is a joke.”
The NAACP has previously called for legalization measures that include equal access to business licenses in the marijuana industry.
(WASHINGTON) — Steve Bannon, who served as former President Donald Trump’s chief strategist before departing the White House in August 2017, is on trial for defying a subpoena from the House select committee investigating the Jan. 6 attack on the U.S. Capitol.
Bannon was subpoenaed by the Jan. 6 panel for records and testimony in September of last year.
After the House of Representatives voted to hold him in contempt for defying the subpoena, the Justice Department in November charged Bannon with two counts of criminal contempt of Congress, setting up this week’s trial.
Here is how the news is developing. All times are Eastern.
Jul 21, 3:05 PM EDT
Defense rests its case after telling judge they were ‘stymied’
The defense has rested its case and the jury has been sent home for the day, with closing arguments and jury instructions planned for Friday morning.
“Your honor, the defense rests,” Bannon’s attorney Evan Corcoran said before the jury was dismissed for the day.
The move comes after defense attorney David Schoen told Judge Carl Nichols that Bannon was never able to mount a full defense in the trial because the judge limited the types of arguments the defense could make, and because the defense had been unable to question members of the Jan. 6 committee rather than just a staffer.
The defense especially wanted to question committee chairman Bennie Thompson, who signed the subpoena at issue and then referred the case to the Justice Department for prosecution.
“Our view is we’ve been badly stymied in bringing a defense in this case,” Schoen said. Bannon, he said, has been “handcuffed and not able to explain his story of the case.”
Nichols disputed the characterization, telling Schoen that he has simply been following the law in deciding what should be allowed at trial.
Jul 21, 12:49 PM EDT
Attorneys argue over whether subpoena dates were ‘in flux’
In asking the judge to acquit Bannon of the charges against him, defense attorney Evan Corcoran said of the prosecution, “They have not presented evidence upon which a reasonable person could find beyond a reasonable doubt that Mr. Bannon is guilty of the charges of contempt of Congress.”
Regarding the deadline for Bannon to comply with the subpoena, Corcoran said that “it was clear” from the testimony of Jan. 6 committee staffer Kirstin Amerling that “the dates were in flux … but even the dates in the subpoena, she was unable to identify why those dates were in the subpoena at all. She was unable to identify who put those dates in the subpoena. And that’s a critical issue.”
Corcoran also argued that the indictment claims Bannon didn’t provide documents “by Oct. 18, 2021” — but the deadline on the subpoena itself was Oct. 7, 2021, a different date.
“In our view, the return date is either the date on the subpoena, or it’s open” — all of which shows “this was an ongoing negotiation,” Corcoran said.
In response, prosecutor Amanda Vaughn said, “The reasons for the dates are irrelevant.”
“The dates are on the subpoena,” Vaughn said. “The committee made clear in its letters to the defendant that those were the dates and that he had violated them, and the evidence is clear that he did not provide documents by Oct. 7 and did not come for his deposition on Oct. 14.”
The government “has provided sufficient evidence” of his guilt, and letters from the time and posts to Bannon’s social media “made clear” that he did not intend to comply, she said.
Jul 21, 12:13 PM EDT
Defense says no witnesses, including Bannon, will take the stand
At the start of the third day of testimony Thursday morning, the defense team in the contempt case against Steve Bannon said in court that they do not plan to call any witnesses to the stand — including Bannon himself — and instead asked the judge to dismiss the case.
“The jury has now heard all the evidence it is going to hear,” U.S. District Court Judge Carl Nichols subsequently announced.
The move came after the defense team asked the judge to acquit Bannon and rule that the government had not presented enough evidence to warrant continuing the trial.
In making its argument for acquittal, the defense said one of the government’s two witnesses “didn’t add much,” so it’s “really a one-witness case.”
The judge said he wouldn’t rule on the motion for acquittal yet.
Jul 20, 6:18 PM EDT
Bannon again rails at Thompson as he leaves courthouse
For the second day in a row, Bannon blasted Jan. 6 committee Chairman Bennie Thompson on his way out of court at the end of the day.
“Does he really have COVID?” said Bannon of the chairman, who announced Tuesday that he had tested positive for COVID-19.
“What are the odds that a guy that is vaxxed, boosted and double boosted, following Dr. Fauci’s recommendation — what are the odds, on the very day this trial starts, he comes up with COVID?” Bannon said of Thompson’s absence as a witness in his trial.
“Why is Bennie Thompson not here?” Bannon repeated.
-Laura Romero and Soo Rin Kim
Jul 20, 5:55 PM EDT
FBI agent details Bannon’s social posts about subpoena before government rests its case
After just two witnesses, the government rested its case against Steve Bannon.
FBI agent Stephen Hart, the prosecution’s second witness, spent less than an hour on the stand.
Hart spent much of time testifying about Bannon’s page on the social media platform Gettr, which Hart described as “similar to Twitter.”
Prosecutor Molly Gaston showed that on Sept. 24, 2021, the day that Bannon’s subpoena was received by his then-attorney, Robert Costello, Bannon’s Gettr page posted a link to a Rolling Stone article with the words, “The Bannon Subpoena Is Just the Beginning. Congress’s Jan. 6 Investigation is Going Big.” Then on Oct. 8, 2021, the day after he was supposed to produce records to the Jan. 6 committee, Bannon’s Gettr page posted a link to a Daily Mail article with the words, “Steve Bannon tells the January 6 select committee that he will NOT comply with their subpoena.”
The Gettr post included images of Bannon, Trump, and a letter from Costello.
The materials prompted a debate over whether the posts were made by Bannon himself or by someone with access to his account, and whether those were Bannon’s own words or the media outlets’ words.
Gaston then had Hart read from the Daily Mail article, which quoted Bannon as telling the Daily Mail, “I stand with Trump and the Constitution.”
“Those are his words,” Gaston said of Bannon.
Hart also testified about a November 2021 videoconference he and prosecutors had with Costello after Costello requested the meeting to try to convince prosecutors not to pursue the contempt case against Bannon.
Hart testified that during that meeting, Costello told them that by Oct. 7, 2021, the deadline to produce documents, “they had not gathered any documents by that point.” Costello also had no other reason for Bannon’s refusal to comply other than executive privilege, Hart said.
Hart also testified that Costello, in the meeting, did not suggest they thought the deadlines were flexible, or that they were negotiating for a different date, or that Bannon would comply if the committee set different deadlines.
At one point, Corcoran tried to remind jurors that many lawmakers didn’t support the resolution to find Bannon in contempt of Congress. On cross examination, he asked Hart about the investigative steps Hart took in this case, asking him, “Did you interview … the 200-plus members of Congress who voted not to refer Steven Bannon to the U.S. Attorney’s office for contempt of Congress?”
Gaston objected, and the judge agreed, so Corcoran moved on.
Prosecutor Amanda Vaughn subsequently stood up and told the judge, “Your honor, the government rests.”
Court will reconvene on Thursday morning.
Jul 20, 4:39 PM EDT
Defense says Bannon was in ongoing negotiations with committee
As his cross-examination of Jan. 6 committee staffer Kirstin Amerling wrapped up, defense attorney Evan Corcoran continued to frame Bannon’s noncompliance with the subpoena as happening at a time when Bannon’s attorney was still in negotiations with the committee.
Amerling, however, testified that Bannon wasn’t in negotiations because there was nothing to negotiate — Trump hadn’t actually asserted executive privilege, Amerling said, so there was no outstanding issue to resolve. And she said that the committee had made clear to Bannon repeatedly that there were no legal grounds for his refusal to turn over documents and testify before the committee.
Corcoran showed the jury the letter that Trump sent to Bannon on July 9, 2022 — just two weeks ago — in which Trump said he would waive executive privilege so Bannon could testify before the committee. He also displayed the letter that Bannon’s former attorney, Robert Costello, sent the committee on the same day saying that Bannon was now willing to testify in a public hearing.
But Amerling then read aloud from the letter that the committee sent to Costello in response, noting that Bannon’s latest offer “does not change the fact that Mr. Bannon failed to follow [proper] process and failed to comply with the Select Committee’s subpoena prior to the House referral of the contempt resolution concerning Mr. Bannon’s defiance of the subpoena.”
Prosecutor Amanda Vaughn noted that before two weeks ago, Bannon never offered to comply with the subpoena, even after being told repeatedly by the committee last year that his claims had no basis in law and that he could face prosecution; even after he was found in contempt of Congress in October last year; even after he was criminally charged a month later for contempt of Congress; and even after a lawsuit related to executive privilege had been resolved by the Supreme Court six months ago.
Amerling testified that had Bannon complied with the subpoena in time, the committee would have had “at least nine months of additional time” to review the information, and now there are “five or so months” left of the committee.
“So as opposed to having 14 in total, the committee only now has five?” Corcoran asked.
“That’s correct,” said Amerling.
Jul 20, 3:48 PM EDT
Defense argues Bannon was constrained by questions over executive privilege
In the defense’s ongoing cross examination of Jan. 6 committee staffer Kirstin Amerling, attorney Evan Corcoran continued to stress how Bannon was prevented from testifying due to the right of executive privilege that protects confidential communication with members of the executive branch.
But Amerling testified that there are two main issues with such a claim.
First, she said, some of what the subpoena requested “had nothing to do with communication with the former president” and “could not possibly be reached by executive privilege” — especially Bannon’s communications with campaign advisers, members of Congress and other private parties, as well as information related to Bannon’s podcast, she testified.
In addition, despite what others may have said, “The president had not formally or informally invoked executive privilege,” Amerling said. “It hadn’t been invoked.”
Yet Bannon still refused to comply with the subpoena, despite having no legal grounds to do so, she said.
Amerling reiterated that by the time the committee met to decide whether to pursue contempt charges, “there had been extensive back-and-forth already between the select committee and the defendant’s attorney about the issue of executive privilege, and the select committee had made its position clear.”
Corcoran also argued that Bannon didn’t comply with the subpoena right away because he expected the deadline would ultimately change, due to the fact that it’s common for subpoena deadlines to shift.
Amerling, however, testified that Bannon’s situation was different.
“When witnesses are cooperating with the committee and indicate they are willing to provide testimony, it is not unusual to have some back-and-forth about the dates that they will appear,” she said. However, she said, “it is very unusual for witnesses who receive a subpoena to say outright they will not comply.”
In his questions, Corcoran also suggested that Amerling might be a biased witness, noting that she had donated to Democratic causes in the past, and that she is a member of the same book club as one of the prosecutors in the case, Molly Gaston.
“So you’re in a book club with the prosecutor in this case?” Corcoran asked.
“We are,” Amerling replied.
Amerling said that it had been some time — perhaps as much as a year or more — since she and Gaston both attended a meeting of the club. But she conceded that, with the types of people who are in the book club, it was “not unusual that we would talk about politics in some way or another.”
Jul 20, 12:55 PM EDT
Defense attorney presses Jan. 6 staffer on timing of subpoena deadline
Under cross-examination from Bannon defense attorney Evan Corcoran, House Jan. 6 committee senior staffer Kristin Amerling was pressed on why the committee set the deadlines it did for Bannon to comply with the subpoena — especially since “the select committee is still receiving and reviewing documents” now, Corcoran said.
Corcoran pressed Amerling over who specifically decided that Bannon should have to produce documents by 10 a.m. on Oct. 7, 2021, and who specifically decided that Bannon should have to appear for a deposition on Oct. 14, 2021.
Amerling said that the “process” of drafting the subpoena involved many people, including senior staff like herself, but it was all ultimately approved by committee Chairman Bennie Thompson.
“To the best of my recollection, because of the multiple roles that we understood Mr. Bannon potentially had with respect to the events of Jan. 6, at the time that we put the subpoena together, there was a general interest in obtaining information from him expeditiously, because we believed this information could potentially lead us to other relevant witnesses or other relevant documents,” Amerling said. “There was general interest in including deadlines that required expeditious response.”
“The committee authorization is just through the end of this year,” so it is operating under “a very tight timeframe,” she said.
Corcoran also said he wanted to made clear to the jury that, as he put it, “in this case, there is no allegation that Steve Bannon was involved in the attack” on the Capitol.
Earlier, Amerling testified that the committee tried to give Bannon “an opportunity” to explain his “misconduct” in ignoring the subpoena and to provide “information that might shed light on his misconduct, such as he might have been confused” about the subpoena — but Bannon never presented any such explanation or information before he was found in contempt, she said.
Jul 20, 11:17 AM EDT
Jan. 6 staffer says panel ‘rejected the basis’ for Bannon’s privilege claim
Kristin Amerling, a senior staffer on the House Jan. 6 committee, returned to the stand to continue her testimony from Tuesday. She testified that Bannon was clearly informed that any claims of privilege were rejected by the committee, and that his non-compliance “would force” the committee to refer the matter to the Justice Department for prosecution.
She said the subpoena issued to Bannon indicated he was “required to produce” records encompassing 17 specific categories, including records related to the Jan. 6 rally near the White House, his communications with Trump allies and several right-wing groups, his communications with Republican lawmakers, and information related to his “War Room” podcast.
The committee was seeking to understand “the relationships or potential relationships between different individuals and organizations that played a role in Jan. 6,” Amerling said. “We wanted to ask him what he knew.”
Asked by prosecutor Amanda Vaughn if Bannon provided any records to the committee by the deadline of 10 a.m. on Oct. 7, 2021, Amerling replied, “He did not.”
“Did the committee get anything more than radio silence by 10 a.m. on Oct. 7?” Vaughn asked.
“No,” said Amerling.
Amerling said that in a correspondence she received that day at about 5 p.m. — after the deadline had passed — Bannon’s attorney at the time, Robert Costello, claimed that Trump had “announced his intention to assert” executive privilege, which Costello said at the time rendered Bannon “unable to respond” to the subpoena “until these issues are resolved.”
But the next day, Amerling recalled on the stand, she sent Costello a letter from Jan. 6 committee chairman Bennie Thompson, “explaining that the committee rejected the basis that he had offered for refusing to comply.”
“Did the letter also tell the defendant he still had to comply?” Vaughn asked Amerling.
“Yes, it did.” Amerling said.
“Did the letter warn the defendant what might happen if he failed to comply with the subpoena?” Vaughn asked.
“Yes, it did,” said Amerling.
The letter was “establishing a clear record of the committee’s views, making sure the defendant was aware of that,” Amerling testified.
Jul 20, 10:06 AM EDT
Judge won’t let trial become ‘political circus,’ he says
Federal prosecutors in Steve Bannon’s contempt trial raised concerns with the judge that Bannon’s team has been suggesting to the jury that this is a “politically motivated prosecution” before the second day of testimony got underway Wednesday morning.
Before the jury was brought in, prosecutor Amanda Vaughn asked U.S. District Judge Carl Nichols to make sure the jury “doesn’t hear one more word about this case being” politically motivated, after she said the defense’s opening statement Tuesday had “clear implications” that the defense was making that claim.
Nichols had barred such arguments from the trial.
In response, defense attorney Evan Corcoran defended his opening statement, saying it “was clearly on the line.”
Nichols then made it clear that during trial, the defense team may ask witnesses questions about whether they themselves may be biased — “but may not ask questions about whether someone else was biased in an action they took outside this courtroom.”
“I do not intend for this to become a political case, a political circus,” Nichols said.
Speaking to reporters after the first full day in court, Bannon blasted members of the Jan. 6 committee and House Democrats for not showing up as witnesses in his trial.
“Where is Bennie Thompson?” asked Bannon regarding the Jan. 6 committee chairman. “He’s made it a crime, not a civil charge … have the guts and the courage to show up here and say exactly why it’s a crime.”
“I will promise you one thing when the Republicans that are sweeping to victory on Nov. 8 — starting in January, you’re going to get a real committee,” Bannon said. “We’re going to get a real committee with a ranking member who will be a Democrat … and this will be run
appropriately and the American people will get the full story.”
The first witness for the prosecution, Kristin Amerling of the Jan. 6 committee, testified that a subpoena is not voluntary.
Amerling, the Jan. 6 panel’s deputy staff director and chief counsel, read aloud the congressional resolution creating the committee and explained that the committee’s role is to recommend “corrective measures” to prevent future attacks like the one on Jan. 6.
“Is a subpoena voluntary in any way?” asked prosecutor Amanda Vaughn.
“No,” Amerling replied.
Amerling also discussed how important it is to get information in a timely manner because the committee’s authority runs out at the end of the year. “There is an urgency to the focus of the Select Committee’s work … we have a limited amount of time in which to gather information,” she said.
Amerling noted that Bannon was subpoenaed pretty early on in the committee’s investigation.
She said the committee subpoenaed Bannon in particular because public accounts indicated that Bannon tried to persuade the public that the 2020 election was “illegitimate”; that on his podcast the day before Jan. 6 he made statements “including that all hell was going to break loose, that suggested he might have some advance knowledge of the events of Jan. 6”; that he was involved in discussions with White House officials, including Trump himself, relating to “strategies surrounding the events of Jan. 6”; and that he had been involved in discussions in the days leading up to Jan. 6 with “private parties who had gathered in the Willard hotel in Washington, D.C., reportedly to discuss strategies around efforts to interfere with the peaceful transfer of power or overturning the election results.”
“Is that something that would have been relevant to the committee’s investigation?” Vaughn asked.
“Yes, because the Select Committee was tasked with trying to understand what happened on Jan. 6, and why,” Amerling replied.
Amerling will be back on the stand Wednesday morning when the trial resumes.
Jul 19, 3:55 PM EDT
Defense tells jury ‘there was no ignoring the subpoena’
Bannon’s defense attorney Matt “Evan” Corcoran said in his opening statement that “no one ignored the subpoena” issued to Bannon, and that “there was direct engagement by Bob Costello,” Bannon’s attorney, with the House committee, specifically committee staffer Kristin Amerling.
He said Costello “immediately” communicated to the committee that there was an objection to the subpoena, “and that Steve Bannon could not appear and that he could not provide documents.”
“So there was no ignoring the subpoena,” Corcoran said. What followed was “a considerable back and forth” between Amerling and Costello — “they did what two lawyers do, they negotiated.”
Corcoran said, “the government wants you to believe … that Mr. Bannon committed a crime by not showing up to a congressional hearing room … but the evidence is going to be crystal clear no one, no one believed Mr. Bannon was going to appear on Oct. 14, 2021,” and the reasons he couldn’t appear had been articulated to the committee.
Corcoran told the jury that the government has to prove beyond a reasonable that Steve Bannon willfully defaulted when he didn’t appear for the deposition on Oct. 14, 2021 — “but you’ll find from the evidence that that date on the subpoena was the subject of ongoing discussions” and it was not “fixed.”
In addition, Corcoran told jurors, you will hear that “almost every single one” of the witnesses subpoenaed led to negotiations between committee staff and lawyers, and often the appearance would be at a later date than what was on the subpoena.
Corcoran also argued that the prosecution may have been infected by politics, telling the jury that with each document or each statement provided at trial, they should ask themselves: “Is this piece of evidence affected by politics?”
Jul 19, 3:31 PM EDT
Prosecutors say Bannon’s failure to comply was deliberate
Continuing her opening statement, federal prosecutor Amanda Vaughn told the jury that the subpoena to Bannon directed him to provide documents by the morning of Oct. 7, 2021, and to appear for a deposition the morning of Oct. 14, 2021 — but instead he had an attorney, Robert Costello, send a letter to the committee informing the committee that he would not comply “in any way,” she said.
“The excuse the defendant gave for not complying” was the claim that “a privilege” meant he didn’t have to turn over certain information, Vaughn said. “[But] it’s not up to the defendant or anyone else to decide if he can ignore the [request] based on a privilege, it’s up to the committee.”
And, said Vaughn, the committee clearly told Bannon that “your privilege does not get you out of this one, you have to provide documents, and you have to come to your deposition.” And importantly, she said, the committee told Bannon that “a refusal to comply” could result in criminal prosecution.
“You will see, the defendant’s failure to comply was deliberate here,” Vaughn told the jury. “The only verdict that is supported by the evidence here: that the defendant showed his contempt for the U.S. Congress, and that he’s guilty.”
Federal prosecutor Amanda Vaughn began opening statements by saying, “In September of last year, Congress needed information from the defendant, Steve Bannon. … Congress needed to know what the defendant knew about the events of Jan. 6, 2021. … Congress had gotten information that the defendant might have some details about the events leading up to that day and what occurred that day.”
So, Vaughn told the jury, Congress gave Bannon a subpoena “that mandated” he provide any information he might have.
“Congress was entitled to the information it sought, it wasn’t optional,” Vaughn said. “But as you will learn in this trial, the defendant refused to hand over the information he might have.”
Vaughn said Bannon ignored “multiple warnings” that he could face criminal prosecution for refusing to comply with the subpoena and for preventing the government from getting “important information.”
“The defendant decided he was above the law and decided he didn’t need to follow the government’s orders,” she said.
Jul 19, 2:51 PM EDT
Judge instructs jury of the burden of proof
Prior to opening statements, the judge made clear to the jury that the Justice Department has the burden to prove four distinct elements “beyond a reasonable doubt”:
(1) that Bannon was in fact subpoenaed for testimony and/or documents;
(2) that the testimony and/or documents were “pertinent” to the Jan. 6 committee’s investigation;
(3) that Bannon “failed to comply or refused to comply” with the subpoena;
(4) that the “failure or refusal to comply was willful.”
Jul 19, 2:44 PM EDT
Jury sworn in after judge denies continuance
A 14-member jury has been sworn in for the contempt trial of ex-Trump strategist Steve Bannon.
Of the 14 jurors, nine are men and five are women.
The swearing-in of the jury comes after U.S. District Judge Carl Nichols denied the defense’s request for a one-month delay of the trial, which attorneys for Bannon argued was necessary due to a “seismic shift in the understanding of the parties” of what the government’s evidence will be.
“We have a jury that is just about picked,” Nichols said in denying the request for a one-month continuance.
One of the jurors, a man who works for an appliance company, said Monday during jury selection that he watched the first Jan. 6 committee hearing and believes the committee is “trying to find the truth about what happened” on Jan. 6.
Another juror, a man who works as a maintenance manager for the Washington, D.C., Parks and Recreation department, said he believes what happened on Jan. 6 “doesn’t make sense.”
Another juror, a woman who works as a photographer for NASA, said “a lot” of her “photographer friends were at the Capitol” on Jan. 6, and she has watched some of the Jan. 6 hearings on the news.
(WASHINGTON) — The Department of Homeland Security’s inspector general has turned the inquiry into the Secret Service deleted text messages into a criminal investigation, three sources familiar with the situation confirmed to ABC News Thursday.
The inspector general sent a letter to the Secret Service Wednesday night telling the agency to halt any internal investigations until the criminal probe has been wrapped up.
The inspector general’s office did not immediately respond to an ABC News request for comment.
It is unclear whether this criminal investigation would result in a referral to the Justice department but the inspector general wants the Secret Service to halt its internal review.
“The Secret Service is in receipt of the Department of Homeland Security Inspector General’s letter,” a Secret Service spokesperson told ABC News in a statement. “We have informed the January 6th Select Committee of the Inspector General’s request and will conduct a thorough legal review to ensure we are fully cooperative with all oversight efforts and that they do not conflict with each other.”
The Secret Service has said it has been cooperating with a House Jan 6 committee subpoena and a National Archives and Records Administration inquiry, according to a source familiar with the situation.
This is a developing story. Please check back for updates.
