Jan. 6 committee recommends holding Bannon in contempt

Jan. 6 committee recommends holding Bannon in contempt
Jan. 6 committee recommends holding Bannon in contempt
Mark Kauzlarich/Bloomberg via Getty Images

(WASHINGTON) — The House select committee investigating the Jan. 6 Capitol riot on Tuesday moved to punish Trump adviser Steve Bannon, recommending the full House hold him in contempt of Congress for refusing to cooperate with a subpoena for records and testimony.

The nine-member panel voted unanimously Tuesday evening to send a report recommending contempt charges to the full House. If approved by the full chamber as soon as this week, the matter would then be referred to the Justice Department to decide whether to pursue criminal charges.

“Our goal is simple: we want Mr. Bannon to answer our questions,” Chairman Bennie Thompson, D-Miss., said in the meeting. “We want him to turn over whatever records he possesses that are relevant to the select committee’s investigation. The issue in front of us today is our ability to do our job.”

The Justice Department has declined to comment on how it might act on a criminal referral for Bannon or others who may be held in contempt.

After President Joe Biden said recently that the Justice Department should prosecute Bannon, White House press secretary Jen Psaki attempted to distance the White House from that action, telling reporters on Monday that Biden “believes it’s an independent decision that should be made by the Department of Justice.”

The matter could take months, if not years, to litigate, and could result in a fine of up to $100,000 and up to one year in prison.

Robert Costello, Bannon’s attorney, told committee members that his client would not cooperate with the probe given Trump’s executive privilege concerns, or without a court order to do so.

“Though the Select Committee welcomes good-faith engagement with witnesses seeking to cooperate with our investigation, we will not allow any witness to defy a lawful subpoena or attempt to run out the clock, and we will swiftly consider advancing a criminal contempt of Congress referral,” Thompson and Vice Chair Liz Cheney, R-Wyo., said in a statement earlier this month.

Thompson said Bannon “stands alone in his complete defiance” of the committee.

“We have reached out to dozens of witnesses. We are taking in thousands of pages of records. We are conducting interviews on a steady basis,” he said.

The committee’s report argues that the committee’s efforts to seek information from Bannon are justified because he “had specific knowledge about the events planned for January 6th before they occurred.”

“Mr. Bannon was a private citizen during the relevant time period and the testimony and documents the Select Committee is demanding do not concern discussion of official government matters with the President and his immediate advisors,” the panel wrote in the report, in response to Trump’s claims of privilege.

Cheney, one of two Republicans on the committee, said that Bannon and Trump’s claims of privilege “suggest that President Trump was personally involved in the planning and execution of January 6th.”

She also warned Republicans that Trump’s continued lies about widespread election fraud are “a prescription for national self-destruction.”

“You know that there is no evidence of widespread election fraud sufficient to overturn the election; you know that the Dominion voting machines were not corrupted by a foreign power. You know those claims are false. Yet President Trump repeats them almost daily,” she said.

“The American people must know what happened. They must know the truth. All of us who are elected officials must do our duty to prevent the dismantling of the rule of law, and to ensure nothing like that dark day in January ever happens again,” Cheney said.

Several other former Trump aides and associates, including former White House chief of staff Mark Meadows and Kashyap Patel, who served as a senior Pentagon official, continue to negotiate with the committee over cooperation after receiving subpoenas.

It’s not clear if Dan Scavino, one of Trump’s longest-serving aides, will cooperate with the panel’s investigation.

On Monday, the former president announced he was suing the committee, as well as the National Archives, to block lawmakers from receiving Trump White House records.

The Biden administration had refuted Trump’s of claim executive privilege, saying that the invocation “is not in the best interests of the United States,” White House counsel Dana Remus wrote in a letter to the National Archives.

As a result, the National Archives notified Trump’s attorney last week that it planned to turn over dozens of records to the committee on Nov. 12, “absent any intervening court order.”

Copyright © 2021, ABC Audio. All rights reserved.

Vaccinations help protect families: National Institutes of Health

Vaccinations help protect families: National Institutes of Health
Vaccinations help protect families: National Institutes of Health
PeopleImages/iStock

(NEW YORK) — Getting a COVID-19 vaccine isn’t just about protecting yourself, it goes a long way toward protecting your family, according to a new blog post by the director of the National Institutes of Health.

Dr. Francis Collins also noted in his Tuesday post that the data shows adults getting vaccinated helps protect those who can’t get vaccines, especially children.

“This is a chance to love your family — and love your neighbor,” Collins wrote.

Collins reiterated that studies have shown vaccinated individuals are significantly less likely to spread coronavirus to family members within a household. He cited a Swedish study published in JAMA Internal Medicine Journal last week that looked at 1.8 million people from more than 800,000 families “who acquired immunity from either previous COVID-19 infection or full vaccination.”

“The data show,” Collins wrote, “that people without any immunity against COVID-19 were at considerably lower risk of infection and hospitalization when other members of their family had immunity, either from a natural infection or vaccination.”

Specifically, the study found that households with one immune family member had a 45% to 61% lower risk of a COVID-19 infection, and that when a household included two immune family members the risk dropped 75% to 86%. With three or more immune family members, the risk of infection dropped almost 97%.

“These results show quite clearly that vaccines offer protection for individuals who lack immunity, with important implications for finally ending this pandemic,” Collins wrote.

Dr. John Brownstein, an epidemiologist at Boston Children’s Hospital and an ABC News contributor, said Collins’ message is important because there needs to be more emphasis on how getting a vaccination is an altruistic act for the entire community.

“We get a lot of focus on individual risk and side effects, and it takes our eye off the ball for the real reason we can and want the population to get inoculated,” he said.

MORE: COVID-19 vaccine shots for kids under 12 may be available in November: 6 things to know
Brownstein said it’s imperative that every eligible person gets vaccine shots as soon as possible since it may take a while for tens of millions of American children to be fully protected.

“Vaccines create a cocoon that ultimately protects those who aren’t eligible,” he added.

Anyone who needs help scheduling a free vaccine appointment can log onto vaccines.gov.

Copyright © 2021, ABC Audio. All rights reserved.

White House defends Rahm Emanuel’s ambassadorial nomination against liberal backlash

White House defends Rahm Emanuel’s ambassadorial nomination against liberal backlash
White House defends Rahm Emanuel’s ambassadorial nomination against liberal backlash
Stacy Revere/Getty Images

(WASHINGTON) — Amid a fresh wave of criticism from liberal activists and lawmakers, the White House on Tuesday defended President Joe Biden’s decision to nominate Rahm Emanuel for U.S. ambassador to Japan.

The former congressman and chief of staff to President Barack Obama has faced questions over how, as mayor of Chicago, he handled the fatal police shooting of 17-year-old Laquan McDonald in 2014.

Emanuel faces his Senate confirmation hearing Wednesday, which is also the seventh anniversary of McDonald’s killing — prompting renewed outcry this week.

He’s one of dozens of Biden ambassadorial nominees still stuck in the confirmation process. Biden has seen a single-digit handful of his ambassadorial nominees confirmed by the Senate, leaving key vacancies in foreign capitals and at the highest ranks of the State Department that some analysts warn pose a national security threat.

Republican senators, especially Ted Cruz of Texas and Josh Hawley of Missouri, have put holds on dozens of nominees over Biden’s refusal to sanction the German company behind Russia’s pipeline, Nord Stream 2. But the chair of the Senate Foreign Relations Committee, Sen. Bob Menendez, D-N.J., secured confirmation for 33 nominees on Tuesday, sending them to the Senate floor for a final vote.

White House press secretary Jen Psaki pushed back against new calls for Biden to withdraw Emanuel’s nomination on Tuesday.

“The president nominated Rahm Emanuel to serve as ambassador to Japan because he’s somebody who has a record of public service, both in Congress, serving as a public official in the White House, and certainly also as the mayor of Chicago, and he felt he was somebody who could best represent the United States in Japan,” she told reporters.

No Democratic senators have spoken out against Emanuel’s nomination. Instead, powerful Democratic senators like Dick Durbin, the Senate Majority Whip and a fellow Illinois Democrat, have backed him. Durbin tweeted back in August that Emanuel “has a lifetime of public service preparing him to speak for America. … I will do all I can to help Rahm become America’s voice in Japan.”

Some House Democrats, however, have urged the White House to reverse course, although they do not vote to confirm nominees.

“This nomination is deeply shameful. … That the Biden administration seeks to reward Emanuel with an ambassadorship is an embarrassment and betrayal of the values we seek to uphold both within our nation and around the world. I urge the Senate to vote NO on his confirmation,” Rep. Alexandria Ocasio-Cortez, D-N.Y., said in a statement last month.

This week, Kina Collins, a Democrat running for Congress in Emanuel’s home state of Illinois, has been leading advocacy against him.

“We can’t say Black Lives Matter and plan to build back better by appointing the man who covered up a police murder to a cushy job as an ambassador — a job the man is completely unqualified to hold,” tweeted the community organizer and activist, running again against Democratic lawmaker Danny Davis, who has held the Chicago district’s seat for over two decades.

At issue is the accusation that Emanuel, a longtime Democratic power player, helped cover up the 2014 killing of McDonald, a black teenager shot 16 times by Jason Van Dyke, a white policer officer.

Chicago police had said McDonald ignored warnings and approached the officers, but video, released 13 months later by a judge’s order, showed McDonald veering away from Van Dyke before the officer shot him.

The city reached a settlement with McDonald’s family, and in October 2018, Van Dyke was found guilty of second-degree murder and 16 counts of aggravated battery with a firearm.

Emanuel had said the city could not release the video because of a Justice Department investigation, said he did not see the video until shortly before its release, and has denied any wrongdoing. The video was released in Nov. 2015, seven months after Emanuel won reelection as mayor.

Asked whether Biden and Emanuel have spoken, including about the McDonald case, Psaki told reporters, “I don’t have any record of him speaking with him necessarily through the process. … Obviously, he’s somebody who he was familiar with. He knew his record of long standing prior to the nomination. And the president has made his own comments about that case, which I would point everyone to.”

Emanuel, a former ABC News contributor, was reportedly under consideration for a Cabinet secretary position during the transition last winter, but ultimately, he was not nominated for a role. The White House announced his nomination for ambassador to Japan on Aug. 20 after months of speculation.

To date, only nine Biden ambassador picks have been confirmed by the Senate, with dozens of others held up by Cruz, Hawley, and others over foreign policy disagreements with the White House, especially on Nord Stream 2.

“There have been unprecedented delays, obstruction, holds on qualified individuals from Republicans in the Senate,” Psaki said Monday. “The blame is clear. It is frustrating. It is something that we wish would move forward more quickly.”

After months of battle, however, there was a breakthrough Tuesday, with the Senate Foreign Relations Committee voting to send 33 nominations to the Senate floor for a vote.

“As the United States faces an unprecedented confluence of challenges on the world stage, our security, interests, and ability to advance our values and assert global leadership should not be imperiled by the obstructionism of those infatuated with playing politics with our entire national security infrastructure,” Menendez said Tuesday.

Among those approved by the committee are Cindy McCain, John McCain’s widow, for U.S. envoy to the United Nations agencies in Rome; former Republican Sen. Jeff Flake, an outspoken Trump critic, as ambassador to Turkey; famed pilot Chesley Burnett “Sully” Sullenberger as U.S. envoy to the International Civil Aviation Organization; and former Delaware Democratic Gov. Jack Markell as U.S. envoy to the Organization for Economic Cooperation and Development in Paris.

ABC News’s Sarah Donaldson contributed to this report from the White House.

Copyright © 2021, ABC Audio. All rights reserved.

Jan. 6 committee expected to recommend holding Bannon in contempt

Jan. 6 committee recommends holding Bannon in contempt
Jan. 6 committee recommends holding Bannon in contempt
Mark Kauzlarich/Bloomberg via Getty Images

(WASHINGTON) —  The House select committee investigating the Jan. 6 Capitol riot is expected to recommend holding longtime Trump adviser Steve Bannon in contempt of Congress for refusing to cooperate with the panel’s investigation.

Committee members will vote Tuesday evening on whether to send a report recommending contempt charges to the full House. If approved by the full chamber on Thursday, the matter would then be referred to the Justice Department to decide whether to pursue criminal charges.

After President Joe Biden said recently that the Justice Department should prosecute Bannon, White House press secretary Jen Psaki attempted to distance the White House from that action, telling reporters on Monday that Biden “believes it’s an independent decision that should be made by the Department of Justice.”

The matter could take months, if not years, to litigate, and could result in a fine of up to $100,000 and up to one year in prison.

“Though the Select Committee welcomes good-faith engagement with witnesses seeking to cooperate with our investigation, we will not allow any witness to defy a lawful subpoena or attempt to run out the clock, and we will swiftly consider advancing a criminal contempt of Congress referral,” Committee Chairman Bennie Thompson, D-Miss., and Vice Chair Liz Cheney, R-Wyo., said in a statement earlier this month.

The statement came after Robert Costello, Bannon’s attorney, told committee members that his client would not cooperate with the probe given Trump’s executive privilege concerns, or without a court order to do so.

The committee’s report argues that the committee’s efforts to seek information from Bannon are justified because he “had specific knowledge about the events planned for January 6th before they occurred.”

“Mr. Bannon was a private citizen during the relevant time period and the testimony and documents the Select Committee is demanding do not concern discussion of official government matters with the President and his immediate advisors,” the panel wrote in the report, in response to Trump’s claims of privilege.

Several other former Trump aides and associates, including former White House chief of staff Mark Meadows and Kashyap Patel, who served as a senior Pentagon official, continue to negotiate with the committee over cooperation after receiving subpoenas.

It’s not clear if Dan Scavino, one of Trump’s longest-serving aides, will cooperate with the panel’s investigation.

Earlier Tuesday, the former president announced he was suing the committee, as well as the National Archives, to block lawmakers from receiving Trump White House records.

The Biden administration had refuted Trump’s of claim executive privilege, saying that the invocation “is not in the best interests of the United States,” White House counsel Dana Remus wrote in a letter to the National Archives.

As a result, the National Archives notified Trump’s attorney last week that it planned to turn over dozens of records to the committee on Nov. 12, “absent any intervening court order.”

 

Copyright © 2021, ABC Audio. All rights reserved.

Biden admin backs down on tracking bank accounts with over $600 annual transactions

Biden admin backs down on tracking bank accounts with over 0 annual transactions
Biden admin backs down on tracking bank accounts with over 0 annual transactions
OlegAlbinksy/iStock

(WASHINGTON) — The Biden administration on Tuesday backed down on a controversial proposal to direct the IRS to collect additional data on every bank account that sees more than $600 in annual transactions, after widespread criticism from Republican lawmakers and banking industry representatives, who said the tax enforcement strategy represented a breach of privacy by the federal government.

Instead, the administration and Senate Democrats are proposing to raise the threshold to accounts with more than $10,000 in annual transactions, and any income received through a paycheck from which federal taxes are automatically deducted will not be subject to the reporting. Recipients of federal benefits like unemployment and Social Security would also be exempt.

The IRS would collect the total sum of deposits and withdrawals from bank accounts with more than $10,000 in non-payroll income. Information on individual transactions would not be collected.

The changes were announced Tuesday by the Treasury Department.

“In response to considerations about scope, it [Congress] has crafted a new approach to include an exemption for wage and salary earners and federal program beneficiaries. Under this revised approach, such earners can be completely carved out of the reporting structure. This is a well-reasoned modification: for American workers and retirees, the IRS already has information on wage and salary income and the federal benefits they receive,” a Treasury Department fact sheet on the changes said.

The changes would exempt millions of Americans from the reporting requirement, and help the IRS target wealthier Americans, especially those who earn money from investments, real estate, and other transactions that are more difficult for the IRS to track.

“Under the current system, American workers pay virtually all their tax bills while many top earners avoid paying billions in the taxes they owe by exploiting the system. At the core of the problem is a discrepancy in the ways types of income are reported to the IRS: opaque income sources frequently avoid scrutiny while wages and federal benefits are typically subject to nearly full compliance. This two-tiered tax system is unfair and deprives the country of resources to fund core priorities,” Treasury Secretary Janet Yellen said in a statement.

“Today’s new proposal reflects the Administration’s strong belief that we should zero in on those at the top of the income scale who don’t pay the taxes they owe, while protecting American workers by setting the bank account threshold at $10,000 and providing an exemption for wage earners like teachers and firefighters,” Yellen said.

The fact sheet says, “Imagine a taxpayer who reports $10,000 of income; but has $10 million of flows in and out of their bank account. Having this summary information will help flag for the IRS when high-income people under-report their income (and under-pay their tax obligations). This will help the IRS target its enforcement activities on those who are actually evading their tax obligations—decreasing costly and burdensome audits for the vast majority of taxpayers who pay what they owe.”

The proposal is a long way from being enacted. It’s currently included in a multi-trillion dollar social spending package lawmakers and the White House have been negotiating for months. If that package is passed into law, this requirement wouldn’t begin until December 2022.

Senate Finance Committee Chairman Ron Wyden D-Ore., who spearheaded the effort to revise the proposal, dispute Republican claims that the goal is to snoop on Americans’ financial transactions.

“The bottom line is, wealthy tax cheats are ripping off the American people to the tune of billions and billions of dollars per year. Tax cheats thrive when the reporting rules that apply to them are loose and murky. Democrats want to fix this broken approach and crack down on the cheating at the top,” Wyden said in a press conference on the announcement Tuesday.

Wyden made clear that even Americans who might make a large purchase over $10,000 wouldn’t be subject to the additional reporting.

“If you don’t have $10,000 above your paycheck, Social Security income, or the like coming in or going out, there’s no additional reporting. We’ve also addressed the scenario where an individual spends a significant amount of savings for a major purchase. There will be no additional reporting in this scenario, as long as the amount of money coming into the account does not exceed wages +$10,000,” Wyden said.

The administration did not specify if the changes will impact the additional tax revenue they might be able to collect through enforcement. The administration has estimated improved tax enforcement could net up to $600 billion in additional tax revenue over the next decade.

The initial proposal, which would have affected nearly every non-dormant bank account in the U.S., raised the ire of Republican lawmakers, who called it a breach of privacy and an example of government overreach. Even with the revisions to the proposal, Republicans in the Senate remained critical.

“So how long is it gonna take for them to say, ‘Well you know we need a little bit more information because we really can’t make much of this.’ Then they’re going to want individual transactions and who knows what,” Sen. John Thune, R-S.D., told reporters.

Sen. Mike Crapo, R-Idaho, cited President Biden’s commitment not to raise taxes on any American making less than $400,000, suggesting that threshold ought to be applied to IRS reporting.

“Why don’t they just put a ban in there that bans the IRS from snooping in the accounts of people who make less than $400,000? That’s the question I think that should be asked with the sponsors of this approach,” Crapo said.

Crapo was hard-pressed to give an example of an alternative way to close the tax gap other than to say mention “closing loopholes.”

Banking industry representatives remain skeptical of any additional reporting requirement, saying it will create a burden, especially for smaller community banks.

Copyright © 2021, ABC Audio. All rights reserved.

Over 60,000 officers assaulted in 2020, with 31% sustaining injuries: FBI

Over 60,000 officers assaulted in 2020, with 31% sustaining injuries: FBI
Over 60,000 officers assaulted in 2020, with 31% sustaining injuries: FBI
iStock/ChiccoDodiFC

(NEW YORK) — More than 60,000 law enforcement officers were assaulted in the line of duty in 2020, including more than 40 who were killed, according to the FBI.

The total of 60,105 was an increase of 4,071 from 2019, with FBI drawing on reports from some 9,895 law enforcement agencies.

Among those assaulted, about 31% sustained injuries. In 2020, 46 officers were killed, down from 48 in 2019, FBI data showed.

Most of the assaults on officers happened after they responded to disturbance calls, including family quarrels and bar fights, according to the FBI.

“Police officers across the country are facing an increase in violent crime and violent acts committed against them,” said Laura Cooper, executive director of the Major Cities Chiefs Association. “Facing these dangerous situations is another reason why it has been difficult for police agencies to find recruits who want to put on a uniform and put their lives on the line.”

Vernon Stanforth, president of the National Sheriffs Association, said the staggering numbers weren’t a surprise “after this troubling year for law enforcement.”

Law Enforcement Legal Defense Fund President Jason Johnson said the increased assaults on officers come at a time when they’re “seemingly under attack on all fronts.”

In the first nine months of 2021, 54 officers were feloniously killed while on duty compared with 37 over that same time period in 2020, according to the latest FBI data. Among those deaths, 20 were unprovoked attacks.

A new LELDF report showed that from June 1, 2020, to April 30, 2021, in the wake of George Floyd’s killing and the subsequent protests, the percentage of officers quitting or retiring had increased by double digits compared with 2019.

This year, high-profile police killings have already dominated headlines, including the case of Chicago officer Ella French, who was shot during a traffic stop in August.

French, 29, was the first Chicago police officer since 2018 killed in the line of duty and the city’s first female officer killed in the line of duty since 1988.

 

Copyright © 2021, ABC Audio. All rights reserved.

COVID-19 updates: ‘National emergency’ declared on children’s mental health

COVID-19 updates: ‘National emergency’ declared on children’s mental health
COVID-19 updates: ‘National emergency’ declared on children’s mental health
iStock/koto_feja

(NEW YORK) — The United States has been facing a COVID-19 surge as the more contagious delta variant continues to spread.

More than 726,000 Americans have died from COVID-19 while over 4.9 million people have died from the disease worldwide, according to real-time data compiled by the Center for Systems Science and Engineering at Johns Hopkins University.

Just 66.7% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the CDC.

Latest headlines:
-10 states see rise in hospital admissions
-UK records highest daily death toll since March
-‘National emergency’ declared on children’s mental health

Here’s how the news is developing. All times Eastern.

Oct 19, 2:56 pm
Secretary Mayorkas tests positive for COVID-19

Department of Homeland Security Secretary Alejandro Mayorkas has tested positive for COVID-19, a DHS spokeswoman confirmed to ABC News.

Mayorkas, who is fully vaccinated, “is experiencing only mild congestion,” a statement said.

Mayorkas will work from home, the statement said. Contact tracing is underway.

ABC News’ Luke Barr

Oct 19, 1:00 pm
Pfizer vaccine 93% effective against hospitalizations for 12-18 age group

A new CDC study found that the Pfizer vaccine was 93% effective against hospitalizations for adolescents ages 12 to 18 from July to September.

The researchers also found that nearly all (97%) of adolescents’ ages 12 to 18 who were hospitalized with COVID-19 were unvaccinated.

ABC News’ Sony Salzman

Oct 19, 12:30 pm
10 states see rise in hospital admissions

Ten states — all of which have colder temperatures — have seen upticks in hospital admissions in recent weeks, according to federal data: Alaska, Colorado, Maine, Michigan, Minnesota, New Hampshire, North Dakota, Pennsylvania, Vermont and Wyoming.

However, nationwide, just under 58,000 Americans remain hospitalized, a major drop from 104,000 patients at the end of the summer, according to federal data.

Death rates remain high, with more than 1,000 Americans dying each day, according to federal data.

Over the last month, the U.S. has reported approximately 45,000 COVID-19 deaths, including nearly 7,600 deaths in the last week.

ABC News’ Arielle Mitropoulos

Oct 19, 11:48 am
UK records highest daily death toll since March

The United Kingdom recorded 233 COVID-19 deaths in the last 24 hours, the highest total since March 5, according to government data.

In a statement confirmed by ABC News, issued before the new figures were published, the prime minister’s office said it was keeping a “very close eye” on the numbers and urged people to get their booster shots.

“We have seen case rates rising, we’ve started to see some indications that hospitalizations and death rates are increasing also,” a spokesman for the prime minister said. “It’s important that the public understand that getting your booster jab is just as important as getting your first and second dose.”

ABC News’ Guy Davies

 

Copyright © 2021, ABC Audio. All rights reserved.

Freshman fraternity member at Kentucky dies from ‘presumed alcohol toxicity’

Freshman fraternity member at Kentucky dies from ‘presumed alcohol toxicity’
Freshman fraternity member at Kentucky dies from ‘presumed alcohol toxicity’
iStock/Motortion

(NEW YORK) — A freshman at the University of Kentucky died from alcohol toxicity Monday night after he was found unresponsive at his fraternity house, officials said.

University police officers were called to FarmHouse Fraternity at about 6:22 p.m. Monday where Thomas Lofton Hazlewood, an 18-year-old fraternity member, was unresponsive, the university said.

The agricultural economics major was taken to a hospital where he died, the university said.

Hazlewood’s cause of death was “presumed alcohol toxicity” pending investigation, and the manner of death was ruled an accident, the Fayette County Coroner’s Office said.

“Foul play is not suspected, but police are investigating the circumstances of his death,” the university said in a statement Tuesday.

FarmHouse Fraternity CEO Christian Wiggins said in a statement, “We are deeply saddened to learn of the loss of Thomas ‘Lofton’ Hazelwood, a new member of the University of Kentucky chapter of FarmHouse Fraternity. Our thoughts and prayers are with his family, friends, and loved ones as well as the entire community. We have encouraged all members and new members to cooperate with any investigation prompted by Mr. Hazelwood’s death.”

“The thoughts of the entire UK community are with his family and all those who knew him,” the university said.

 

Copyright © 2021, ABC Audio. All rights reserved.

Would-be Ahmaud Arbery jurors air strong opinions on killing, defendants

Would-be Ahmaud Arbery jurors air strong opinions on killing, defendants
Would-be Ahmaud Arbery jurors air strong opinions on killing, defendants
iStock/CatEyePerspective

(NEW YORK) — The second day of jury selection in the high-profile murder case of Ahmaud Arbery commenced Tuesday, with prosecutors and lawyers finding it tough to impanel an impartial jury.

“I guess I would call it murder,” one potential juror vented on the three white Georgia men accused of chasing down and killing Arbery, a 25-year-old Black man.

Another would-be panelist put it bluntly when asked in court about his opinions of the case that has dominated headlines nationwide, but particularly in south Georgia, saying, “I’m sick of it.” Several potential candidates said they were worried about their safety if selected to serve.

In the first day and a half of the courtroom proceedings, no jurors have been selected and at least 14 of the first 40 questioned under oath so far have been dismissed, while others have yet to be individually questioned or told they may be called back. At least three of the potential panelists let go are Black and one is Hispanic, causing attorneys for Arbery’s family to be concerned.

“We certainly believe that there should be Black and brown voices, as well as white voices on the jury,” one of the family’s attorneys, Lee Merritt, said in an interview with ABC News’ Linsey Davis on Monday evening.

About 1,000 residents of Glynn County received a jury summons and questionnaire, or about 1 out of 85 eligible people living in a county that, according to U.S. Census data, is 69% white, 26% Black and 7% Hispanic.

The three defendants are Gregory McMichael, 65, a retired police officer, his son, Travis McMichael, 35, and their neighbor, William “Roddie” Bryan, 52. They have all pleaded not guilty to charges of murder, aggravated assault, false imprisonment and criminal attempt to commit false imprisonment stemming from the Feb. 23, 2020, fatal shooting of Arbery in the unincorporated Satilla Shores neighborhood near Brunswick.

The McMichaels claim they thought Arbery was a burglar and were exercising their rights under the state’s citizens’ arrest law, which has since been repealed. Travis McMichael is also claiming self-defense after allegedly shooting Arbery three times with a shotgun during a fight, according to his attorney.

Bryan made a cellphone video of part of the fatal confrontation, which is now being used as evidence against him and the McMichaels. Bryan’s attorney said he was only a witness to the crime, but prosecutors counter that he was an active participant in the pursuit of Arbery.

On Tuesday, the second batch of 20 potential jurors was sworn in by Chatham County Superior Court Judge Timothy R. Walmsley, who was appointed to preside over the Glynn County trial. Under general questioning from Walmsley, nine of the candidates raised their hands affirmatively when asked, “Have you for any reason formed or expressed an opinion in regard to the guilt or innocence of the accused?”

When asked by lead prosecutor Linda Dunikowski if there was anyone in the room who wanted to serve on the jury, no one raised their hand.

In an indication of how small Glynn County is, at least five jurors said they knew one or more of the defendants or some of the witnesses Dunikowski said could be called to testify.

One potential juror said she knew Jackie Johnson, the former Brunswick District Attorney. Johnson, the first prosecutor to get the case, was indicted in September on a felony count of violating her oath of office by allegedly “showing favor and affection” to Gregory McMichael, with whom she once had a working relationship, and a misdemeanor count of hindering a law enforcement officer.

During the questioning of individuals on Monday, some of the would-be panelists did not shy away from sharing their opinions.

“I think Mr. Arbery was probably in terror. I’m trying to be honest here,” a woman referred to as Juror No. 4, a retired accountant and auditor, said under questioning by defense lawyers.

After acknowledging her negative feelings toward Travis McMichael, she said, “He shot a man who had been running through his neighborhood who didn’t appear to have done anything wrong. What would I call that? I guess I would call it murder.”

A man referred to as Juror No. 2 said during questioning that he has shared the video of Arbery’s slaying on social media and discussed the case with his brothers — one of whom is also among the potential jurors summoned.

“I’m sick of it,” Juror No. 2 said of news of the case. “It’s everywhere. It’s around my job. Everywhere I look, it’s there.”

ABC News’ Janice McDonald contributed to this report.

 

Copyright © 2021, ABC Audio. All rights reserved.

Family of Elijah McClain reaches settlement with Aurora, Colorado

Family of Elijah McClain reaches settlement with Aurora, Colorado
Family of Elijah McClain reaches settlement with Aurora, Colorado
iStock/nirat

(NEW YORK) — The family of Elijah McClain has reached a settlement with the city of Aurora over his violent arrest and subsequent death, city officials said.

“The city of Aurora and the family of Elijah McClain reached a settlement agreement in principle over the summer to resolve the lawsuit filed after his tragic death in August 2019,” Ryan Luby, the deputy director of Communications and Marketing for Aurora, told ABC News.

He said city leaders will sign the agreement as soon as the family completes a separate process to determine how any settlement proceeds will be divided among themselves. Until then, “the parties cannot disclose the settlement terms,” but so far, no amount was discussed in the most recent hearing on Oct. 8, Luby said.

“The court will now determine allocation of the proceeds between Ms. McClain, the parent who raised Elijah McClain by herself, and LaWayne Mosley,” attorneys for Elijah McClain’s mother, Sheneen McClain, told ABC Denver affiliate, KMGH-TV.

A lawyer for Elijah McClain’s father also confirmed a settlement has been reached.

“Nothing will bring back his son Elijah, who he loved dearly, but he is hopeful that this settlement with Aurora, and the criminal charges against the officers and medics … will allow his family and the community to begin to heal,” attorney Mari Newman, on LaWayne Mosley’s behalf, told ABC News.

The settlement comes over a year after the family filed a 106-page federal lawsuit in the U.S. District Court of Colorado, accusing several officers and paramedics of violating Elijah McClain’s civil rights and negligently causing his death.

Elijah McClain, a 23-year-old massage therapist from Aurora, Colorado, was confronted by police on Aug. 24 while walking home from a convenience store, after a 911 caller said they saw someone “sketchy.” He was unarmed.

He was wearing a ski mask at the time because, according to his family, he had anemia, a blood condition that can make people feel cold more easily.

Body camera video shows that the officers told Elijah McClain he was “being suspicious,” to which he replied, “I have a right to go where I am going.”

Officers placed him in a carotid chokehold, which restricts the carotid artery, cutting off blood to the brain, according to an independent review of his death released in February. Elijah had earlier pleaded with them, saying he is non-violent and at one point was heard on the body camera footage saying that he can’t breathe.

When EMTs arrived at the scene, he was administered a shot of 500 milligrams of ketamine and was then loaded on an ambulance, where he had a heart attack, officials said.

Elijah McClain went into cardiac arrest. The incident led to his death on Aug. 30, three days after doctors pronounced him brain dead and he was removed from life support, officials said. The Adams County coroner ruled the cause of McClain’s death to be undetermined.

Initially, no charges were brought against the officers involved in the incident.

However, in January, Colorado Attorney General Phil Weiser launched a grand jury probe into Elijah McClain’s death. In September, a state grand jury returned a 32-count indictment against the three officers — Nathan Woodyard, Jason Rosenblatt and Randy Roedema — and two paramedics — Jeremy Cooper and Peter Cichuniec — in the case, charging them with manslaughter and criminally negligent homicide, among other charges.

Sheneen McClain called the charges “a step toward justice” at the time.

“I’m still praying for them to be in prison. My son’s murderers and their accomplices all need to be in prison for what they did to him,” she told ABC News. “They had no right to stop him. They had no right to handcuff him, brutalize and terrorize him, or inject him with ketamine.”

The Aurora Police Association Board of Directors defended the officers following the indictment, saying in a statement, “There is no evidence that APD officers caused his death. The hysterical overreaction to this case has severely damaged the police department.”

Aurora Police Chief Vanessa Wilson and Aurora Fire Rescue Chief Fernando Gray both said that each of their departments will continue to cooperate as the judicial process moves forward.

Last month, the Colorado attorney general issued a report following a 14-month probe into the actions of the Aurora Police Department in the wake of Elijah McClain’s death and found the department had a pattern of racial bias, as well as excessive force.

The report also found Aurora Police arrested people of color “1.3 times more than whites based on population percentage alone.”

The AG office recommended changes to policies, training, record-keeping and hiring as a result of the report.

ABC News’ Ivan Pereira, Sabina Ghebremedhin, Deena Zaru and Courtney Condron contributed to this report.

 

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