2024 election updates: Harris responds to Biden’s ‘garbage’ comments

2024 election updates: Harris responds to Biden’s ‘garbage’ comments
2024 election updates: Harris responds to Biden’s ‘garbage’ comments
Tayfun Coskun/Anadolu via Getty Images

(WASHINGTON) — Six days until Election Day, much of the political debate is about “garbage” — first the backlash over those racist comments about Puerto Rico that former President Donald Trump has not apologized for — and now President Joe Biden appearing to call Trump’s supporters “garbage” — stepping on Vice President Kamala Harris’ message of unity — aimed at attracting disaffected Republicans.

More than 53 million Americans have voted early

As of 5:45 a.m. ET on Wednesday, more than 53 million Americans have voted early, according to the Election Lab at the University of Florida.

Of the total number of early votes, 27,765,237 were cast in person and 25,686,627 were returned by mail.

Arnold Schwarzenegger, former GOP governor, endorses Harris

Former California Gov. Arnold Schwarzenegger announced Wednesday that he was going to vote for Vice President Kamala Harris.

“The Terminator” actor and longtime Republican said in lengthy X post that he didn’t like either party now given the divisions and lack of progress from leaders in Washington, D.C.

However, Schwarzenegger said he was “furious” over Trump’s refusal to accept the 2020 election, anti-immigrant rhetoric, economic policies and actions on Jan. 6.

“We need to close the door on this chapter of American history, and I know that former President Trump won’t do that. He will divide, he will insult, he will find new ways to be more un-American than he already has been, and we, the people, will get nothing but more anger,” he said.

“That’s enough reason for me to share my vote with all of you. I want to move forward as a country, and even though I have plenty of disagreements with their platform, I think the only way to do that is with Harris and Walz,” he said.

Will Nikki Haley campaign for Trump?

Nikki Haley recently said she is ready to campaign for Trump, despite not talking to him since June.

Trump’s running mate, Sen. JD Vance, when asked about whether Haley will make an appearance, said Tuesday he would “love” to see her on the trail, but said it was up to her schedule.

Haley was Trump’s last major challenger in the Republican primary. Despite hitting him hard in the final weeks of her campaign, she later endorsed him at the Republican National Convention.

And she’s continued some criticism of his campaign strategy. During an appearance on Fox News, she said the racist remark about Puerto Rico by a comedian at Trump’s Madison Square Garden rally was “harmful” and that the campaign “need[s] to go and tell Puerto Ricans how much, you know, they do value them.”

She also said the Trump team had to improve its messaging to women.

“I mean, that this bromance and this masculinity stuff,” she said. “I mean, it borders on edgy to the point that it’s going to make women uncomfortable. You know, you’ve got affiliated PACs that are doing commercials about calling Kamala the ‘C-word,’ or you had speakers at Madison Square Garden, you know, referring to her and her pimps.”

“That is not the way to win women. That is not the way to win people who are concerned about Trump style,” Haley added.

Harris responds to Biden’s ‘garbage’ comments

On the tarmac at Joint Base Andrews about to depart for a day of campaigning, Harris was asked about President Joe Biden’s “garbage” comment seeming to refer to Trump supporters. The White House and Biden have said he was specifically referring to the racist remarks made by some speakers at Trump’s Madison Square Garden rally.

“Listen I think that first of all, he clarified his comments,” Harris said. “But let me be clear, I strongly disagree with any criticism of people based on who they vote for.”

“You heard my speech last night and continuously throughout my career, I believe that the work that I do is about representing all the people, whether they support me or not,” she said. “And as president of the United States, I will be a president for all Americans, whether you vote for me or not.”

 

Trump escalates baseless rhetoric on Pennsylvania’s election system

It’s a state that could tip the result of the 2024 election.

And Trump is ramping up rhetoric sowing doubt on the state’s voting process.

In a post on his social media site on Wednesday morning, Trump claimed there’s “cheating” happening at “large scale levels.” He did not elaborate or provide evidence for his claims.

Some isolated incidents have emerged, including approximately 2,500 potentially fraudulent voter registration applications being investigated in Lancaster County, though officials stressed the system worked and that voters can be confident in the election.

-ABC News’ Soorin Kim and Olivia Rubin

Harris hits the road with her closing pitch

Harris will take her closing argument to voters on the road after a big speech at the Ellipse in Washington on Tuesday night. She holds a 12:30 p.m. ET rally in North Carolina, a 4:35 ET event in Pennsylvania and a 9:30 p.m. ET rally in Wisconsin.

Trump will also be in North Carolina for a 1 p.m. ET rally before a 7 p.m. ET rally in Wisconsin.

Looming large over the campaign trail are President Joe Biden’s comments from a Vote Latino campaign call Tuesday night. His wording angered Republicans, who saw him as referring to the supporters of Trump as “garbage.” The White House and Biden himself, seeking to clarify the remark, argued he was referring to the racist rhetoric made by a speaker at Trump’s Madison Square Garden rally on Sunday.

 

Copyright © 2024, ABC Audio. All rights reserved.

What happens to Trump’s criminal cases if he wins the election — or loses?

What happens to Trump’s criminal cases if he wins the election — or loses?
What happens to Trump’s criminal cases if he wins the election — or loses?
ABC NEWS/MICHAEL LE BRECHT II

(WASHINGTON) — Former President Donald Trump has a massive personal stake in the upcoming election, which could either send him back to the White House — or to a courtroom for what could be years of legal proceedings under the looming threat of incarceration.

No other presidential candidate in history has faced the possibility of such drastically different outcomes, in which Trump’s legacy, personal fortune, and individual liberty could be decided by a few thousand swing state voters.

If he returns to the White House, Trump has vowed to fire Jack Smith, the special counsel who has brought two federal cases against him, “within two seconds”; he has said he would punish the prosecutors and judges overseeing his cases; and he will likely avoid serious consequences for any of the criminal charges he continues to face.

“If he wins, say goodbye to all the criminal cases,” said Karen Friedman Agnifilo, who previously served as the chief of the Manhattan district attorney’s trial division.

“The criminal cases are over, whether it’s legally or practically,” added Friedman Agnifilo, who said a Trump victory would be a “get out of jail free card” for the former president.

If he loses the election, Trump faces years of court proceedings, hundreds of millions in civil penalties, and the possibility of jail time, beginning with the sentencing for his New York criminal case on Nov. 26.

Here is what could happen in each of Trump’s criminal cases.

New York hush money case

Trump’s most pressing legal issue following the election is his Nov. 26 sentencing on 34 felony counts for falsifying business records to cover up a 2016 hush money payment to adult film actress Stormy Daniels.

Defense lawyers were able to successfully delay the sentencing twice — first by asking to have the case dismissed based on presidential immunity and the second time by highlighting the political stakes of a pre-election sentencing. Describing Trump’s case as one that “stands alone, in a unique place in this Nation’s history,” New York Judge Juan Merchan opted to delay the sentencing until November to ensure the jury’s verdict would “be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election.”

While first-time offenders convicted of falsifying business records normally avoid incarceration, legal experts told ABC News that the unique factors of Trump’s case — including him being held in criminal contempt ten times and the finding that he falsified business records to influence an election — could push Judge Merchan to impose some prison time. When ABC News surveyed 14 legal experts about Trump’s sentence in June, five believed an incarceratory sentence was likely, two described the decision as a toss-up, and seven believed a prison sentence was unlikely.

The sentencing could still proceed in November if Trump wins the election, though the new circumstances could influence Judge Merchan’s decision, according to Boston College law professor Jeffrey Cohen. Merchan could opt to impose a lighter sentence — such as a day of probation — or opt to delay the sentence until Trump leaves office.

“A sitting president wouldn’t be forced to be incarcerated while they’re serving their presidency, and so he could theoretically serve it once he’s out of office,” said Cohen, who noted that a delayed sentence could incentivize Trump to remain in office as long as possible.

“If he wins, I think realistically speaking, not there will be no meaningful sentence because of it,” said Friedman Agnifilo.

Trump’s lawyers could also attempt to delay the sentencing in light of the outcome of the election, and the former president still has multiple outstanding legal efforts to delay the case. On Nov. 12, Judge Merchan plans to issue a ruling on Trump’s motion to throw out the case because of the Supreme Court’s recent ruling granting him immunity from criminal prosecution for official acts undertaken as president — and if Merchan denies that motion, Trump could attempt to immediately appeal it to try to delay the sentencing further.

Trump has also asked the U.S. Court of Appeals for the Second Circuit to move the state case into federal court, which his lawyers could use to prompt a delay of the sentencing. Unlike his federal cases — for which Trump could theoretically pardon himself — the state case will likely remain outside the reach of a presidential pardon, even if Trump successfully removes the case to federal court, according to Cohen.

Federal election interference case

In the shadow of the presidential race, U.S. District Judge Tanya Chutkan has been considering how Trump’s federal election subversion case should proceed in light of the Supreme Court’s immunity ruling, which delayed the case for nearly a year. Fifteen months after Trump pleaded not guilty to charges of undertaking a “criminal scheme” to overturn the results of the 2020 election, Judge Chutkan has set a schedule for the case that stretches beyond the election, with deadlines for key filings set for as late Dec. 19.

Trump has vowed to fire Smith if he’s reelected, but that might not be necessary since long-standing DOJ policy bars the prosecution of a sitting president — meaning the federal cases against Trump may be stopped immediately should Trump take office.

While Smith could attempt to continue his prosecution in the two months between the election and the inauguration, there’s little he could do to revive the case, according to Pace University law professor Bennett Gershman.

“They can continue to do what they’re doing, but it’s not going to really matter if, at the end of the day, Trump is able to appoint an attorney general who will then make a motion to dismiss the charges,” Gershman said.

While his federal case will inevitably go away if Trump wins, the exact way it happens is uncertain. Smith could attempt to issue a final report about his findings, Trump could face a standoff with Congress or the acting attorney general about firing Smith, or Judge Chutkan could push back against the Justice Department’s eventual move to dismiss the charges.

If Trump loses the election, Judge Chutkan is expected to continue to assess whether any of the allegations in the case are protected by presidential immunity. Her final decision will likely be appealed and could return to the Supreme Court, likely delaying a trial for at least another year, according to experts.

Federal classified documents case

After U.S. District Judge Aileen Cannon dismissed Trump’s criminal case for retaining classified documents and obstructing the government’s efforts to retrieve them, Smith asked an appeals court to reinstate the case, arguing that Cannon’s decision about the appointment and funding of special counsels could “jeopardize the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch.”

If Trump wins the election, prosecutors will likely have no choice but to withdraw their appeal, according to Friedman Agnifilo, cementing Judge Cannon’s dismissal of the case.

If Trump loses the election, the case faces a long road before reaching a trial. Prosecutors need to successfully convince the Atlanta-based 11th U.S. Circuit Court of Appeals to reverse Cannon’s dismissal, and Trump’s team has already raised a defense based on presidential immunity, which could become the basis for a future appeal.

Faced with a series of adverse rulings, Smith would also face a key decision about whether to ask for Judge Cannon to be recused from the case, according to Cohen.

“I’m not sure what their reasons are now, except ‘We don’t really like what she’s decided,'” said Cohen, who was skeptical about the government’s grounds for recusal based on the trial record alone.

In a separate case overseen by Judge Cannon, defense lawyers for Ryan Routh — the man accused of trying to assassinate Trump at his Florida golf course in September — moved to have Cannon recused, in part citing ABC News’ reporting that a personnel roster circulating through Trump’s transition operation included Cannon’s name among potential candidates for attorney general should Trump be reelected. Cannon on Tuesday rejected that motion, describing the argument about a potential appointment as “‘rumors’ and ‘innuendos.'”

“We had a brave, brilliant judge in Florida. She’s a brilliant judge, by the way. I don’t know her. I never spoke to her. Never spoke to her. But we had a brave and very brilliant judge,” Trump said about Cannon last week.

Fulton County election interference case

Trump’s criminal case in Fulton County, Georgia, related to his effort to overturn the results of the 2020 election in that state, has been stalled since June while an appeals court considers the former president’s challenge to Judge Scott McAfee’s decision not to disqualify District Attorney Fani Willis for what McAfee called a “significant appearance of impropriety” stemming from a romantic relationship between Willis and a prosecutor on her staff. A Georgia appeals court scheduled oral arguments about whether Willis can continue her case on Dec. 6.

When asked about the future of the case if Trump wins the election, Trump defense attorney Steve Sadow told Judge McAfee last December that a trial would likely have to wait until after Trump completes his term in office.

Since August 2023, when Trump was charged in Fulton County with 13 criminal counts, Judge McAfee has chipped away at the indictment by tossing five of the counts with which Trump was originally charged.

If he loses the election, Trump could attempt to stall the case by continuing to push to have Willis disqualified or by mounting a presidential immunity defense.

“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President,” Trump’s lawyers wrote in a January motion.

Copyright © 2024, ABC Audio. All rights reserved.

Delphi murder suspect’s alleged jail confessions revealed in court

Delphi murder suspect’s alleged jail confessions revealed in court
Delphi murder suspect’s alleged jail confessions revealed in court
Lindsey Jacobson/ABC News, FILE

(DELPHI, Ind) — Prison staffers are revealing the alleged confessions made by Delphi, Indiana, murder suspect Richard Allen while behind bars.

Allen is accused of killing Libby German, 14, and Abby Williams 13, on a hiking trail in rural Delphi on Feb. 13, 2017. He’s pleaded not guilty to murder.

John Galipeau, the former warden of the Westville Correctional Facility, where Allen was held for 13 months after his October 2022 arrest, took the stand on Tuesday.

Galipeau told jurors Allen wrote a note requesting an interview with him on March 5, 2023. He said Allen’s note said, “I am ready to officially for confess killing Abby and Libby. I hope I get the opportunity to tell the families I’m sorry.”

Galipeau said Allen admitted to throwing out a box cutter in the dumpster behind the CVS where he worked in Delphi.

An expert has testified a box cutter may have been used to slash the girls’ throats.

Asked about Allen’s mental state at Westville, Galipeau said Allen was quiet for the first month and then began acting “erratic” after he got mail from his attorneys.

Galipeau said Allen washed his face in the toilet, went to the bathroom in his cell, tore up mail and ate paper.

Allen’s attorneys have argued he was treated poorly at Westville and was called a “baby killer,” which led to a decline in his mental health.

Galipeau testified that Allen was allowed to shower three times a week, was provided three sets of clothing, had access to tablets and was allowed recreation time five days a week in an indoor room. Allen was on suicide watch and received a medical check daily, Galipeau said.

Another corrections officer, Brandon Fisher, testified that Allen confessed on April 29, 2023. According to Fisher, Allen said his plan was to rape Abby and Libby, but he panicked and ended up killing them.

Allen allegedly told Fisher he killed the girls with a box cutter and threw it into a dumpster behind CVS.

Westville corrections officer Michael Clemons also took the stand, telling jurors he was assigned to record everything Allen said and did while on suicide watch.

According to Clemons, Allen said, “I’m so glad no one gave up on me after I killed Abby and Libby,” and, “I, Richard Matthew Allen, killed Abby and Libby by myself. No one helped me.”

Clemons said Allen would shout to other inmates, “I’m not crazy, I’m only acting like I’m crazy.”

During cross-examination, Clemons testified that he never felt Allen’s behavior was genuine.

Defense attorney Brad Rozzi asked Clemons, “Can prison get to a man?” and the corrections officer admitted, “Yes it can.”

Corrections officer Michael Roberts testified that Allen was coherent and talkative, but a little scared when he arrived at Westville. After a few months, Roberts said Allen’s behavior changed and he started confessing.

Roberts had a detailed log of the four confessions he said he heard.

On April 7, 2023, Roberts wrote that Allen said, “Dear Lord, forgive me for molesting Abby, Libby, Kevin, and Chris. I want to confess. I know a lot more.” The identities of Kevin and Chris were not explained in the testimony.

On April 23, 2023, Roberts wrote that Allen said, “I killed Abby & Libby. My wife wasn’t involved. I want to confess.”

On April 26, 2023, he wrote that Allen said, “Can I talk? Can you listen I killed Abby & Libby? How do I prove I’m insane?”

On June 18, 2023, Roberts noted that Allen said, “Why are you doing this? Do you know God? Do you know why I’m here? I killed Abby and Libby.”

During cross-examination, Roberts admitted that Allen had smeared feces all over his cell and put feces on his face for two hours.

Roberts also said Allen refused food for long periods of time, and recalled one incident where Allen hit his head on the wall for so long that his face turned black and blue.

After 13 months at Westville, Allen was transferred to Wabash Valley Correctional Facility. Jason Bedwell, a corrections officer there, testified that on Feb. 4, 2024, Allen cried and talked to himself, saying, “I am sorry for what I did. Sorry for killing them.”

ABC News’ Janel Klein contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

2024 election updates: How will Harris handle Biden’s ‘garbage’ comment?

2024 election updates: Harris responds to Biden’s ‘garbage’ comments
2024 election updates: Harris responds to Biden’s ‘garbage’ comments
Tayfun Coskun/Anadolu via Getty Images

(WASHINGTON) — Six days until Election Day, much of the political debate is about “garbage” — first the backlash over those racist comments about Puerto Rico that former President Donald Trump has not apologized for — and now President Joe Biden appearing to call Trump’s supporters “garbage” — stepping on Vice President Kamala Harris’ message of unity — aimed at attracting disaffected Republicans.

More than 53 million Americans have voted early

As of 5:45 a.m. ET on Wednesday, more than 53 million Americans have voted early, according to the Election Lab at the University of Florida.

Of the total number of early votes, 27,765,237 were cast in person and 25,686,627 were returned by mail.

Harris hits the road with her closing pitch

Harris will take her closing argument to voters on the road after a big speech at the Ellipse in Washington on Tuesday night. She holds a 12:30 p.m. ET rally in North Carolina, a 4:35 ET event in Pennsylvania and a 9:30 p.m. ET rally in Wisconsin.

Trump will also be in North Carolina for a 1 p.m. ET rally before a 7 p.m. ET rally in Wisconsin.

Looming large over the campaign trail are President Joe Biden’s comments from a Vote Latino campaign call Tuesday night. His wording angered Republicans, who saw him as referring to the supporters of Trump as “garbage.” The White House and Biden himself, seeking to clarify the remark, argued he was referring to the racist rhetoric made by a speaker at Trump’s Madison Square Garden rally on Sunday.

 

Copyright © 2024, ABC Audio. All rights reserved.

Walz says Harris’ message ‘absolutely clear’ after Biden’s ‘garbage’ remarks

Walz says Harris’ message ‘absolutely clear’ after Biden’s ‘garbage’ remarks
Walz says Harris’ message ‘absolutely clear’ after Biden’s ‘garbage’ remarks
ABC/Lorenzo Bevilaqua

(NEW YORK) — Democratic vice presidential nominee and Minnesota Gov. Tim Walz told “Good Morning America” Wednesday that presidential nominee and Vice President Kamala Harris will deliver what “Americans are hungry for — a unifying president, one that wants to find solutions.”

Walz also sought on Wednesday to downplay comments made by President Joe Biden, who a day earlier had seemingly referred to supporters of the Republican ticket as “garbage” in response to former President Donald Trump‘s controversial Madison Square Garden rally.

When asked about Biden’s comments on Wednesday, Walz said, “The president’s clarified his remarks.”

“Let’s be very clear,” Walz added. “The vice president and I have made it absolutely clear that we want everyone part of this.”

Speaking during a Voto Latino campaign call, Biden had referenced a joke by comedian Tony Hinchcliffe at Trump’s Sunday event at MSG.

“Just the other day, a speaker at his rally called Puerto Rico a ‘floating island of garbage,'” Biden said, according to a video clip on CNN.

“The only garbage I see floating out there is his supporters,” the president had added. Biden later said the comment was only referring to the comedian in question, not Trump’s supporters more broadly.

But Republicans seized upon the comments to energize supporters. Trump’s running mate JD Vance, for example, described Biden’s remarks as “disgusting,” adding, “Kamala Harris and her boss Joe Biden are attacking half of the country. There’s no excuse for this. I hope Americans reject it.”

With less than a week of campaigning left, Walz said Harris’ Tuesday night address at the Ellipse in Washington, D.C. featured “the rhetoric that a president of the United States gives.”

The Democratic ticket, he added, is “one that understands we’re all in this together, one that welcomes robust debate about the issues.”

Walz said “dissenting voices” would “have a seat at the table because that’s how we find real solutions.”

The Minnesota governor contrasted Harris’ remarks to former President Donald Trump’s “divisive rhetoric,” which he said “needs to end.”

Harris’ closing argument at the Ellipse swiped at Trump while calling for unity.

“Unlike Donald Trump, I don’t believe people who disagree with me are the enemy,” Harris said. “He wants to put them in jail; I’ll give them a seat at the table,” she added, in reference to her campaign platform to include a Republican in her cabinet if elected.

“I pledge to you to approach my work with the joy and optimism that comes from making a difference in peoples’ lives,” Harris said.

“And I pledge to be a president for all Americans — and to always put country above party and self,” Harris added.

Walz told “Good Morning America” the campaign is confident.

“We’re winning this thing,” he said. “There’s energy out there. I have done this long enough to know these things are won at the end. We’re not taking anything for granted.”

“We know it’s going to be close,” Walz added. “We’ve got the better ground game. We’ve got the momentum on our side.”

“There will be a clear result,” Walz replied when asked about his concerns for the final week of the campaign.

“My biggest concern is Donald Trump has brought pessimism to folks. People believe their votes don’t matter. Your vote does matter. Get out there. Participate in this democracy.”

“I think you’re going to see Donald Trump continue to spiral downward in this really difficult and hateful rhetoric,” he added.

“We saw our fellow citizens in Puerto Rico have to endure this. We’ve seen it in Ohio with folks. That’s what’s going to end.”

Trump meanwhile, defended the MSG event as a “love fest” and said it was an “honor to be involved.”

Copyright © 2024, ABC Audio. All rights reserved.

US economy grew at robust pace in third quarter

US economy grew at robust pace in third quarter
US economy grew at robust pace in third quarter
James Marshall via Getty Images

(NEW YORK) — The U.S. economy grew at a robust pace over three months ending in September, slowing slightly from the previous quarter but continuing to dispel any concern about a possible slowdown. The fresh report marks one of the last major pieces of economic data before the presidential election.

U.S. GDP grew at a 2.8% annualized rate over three months ending in September. That figure fell slightly below economists’ expectations.

Economic growth was fueled by surge in consume spending, an uptick in exports and strong federal government spending, the U.S. Bureau of Economic Analysis said.

The new data arrived weeks after the Federal Reserve cut its benchmark interest rate a half of a percentage point. The landmark decision dialed back a years-long fight against inflation and offered relief for borrowers saddled with high costs.

Inflation has slowed dramatically from a peak of about 9% in 2022, though it remains slightly higher than the Fed’s target of 2%.

Meanwhile, the labor market has proven resilient. Employers hired 254,000 workers in September, far exceeding economist expectations of 150,000 jobs added, U.S. Bureau of Labor Statistics data showed. The unemployment rate ticked down to 4.1%, hovering near a 50-year low.

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

Copyright © 2024, ABC Audio. All rights reserved.

Woman found murdered at Hamptons resort, suspect dead

Woman found murdered at Hamptons resort, suspect dead
Woman found murdered at Hamptons resort, suspect dead
Douglas Sacha via Getty Images

(NEW YORK) — The suspect in the murder of a woman at a high-end Hamptons resort has died from apparent suicide, law enforcement sources told ABC News.

A staff member at the Shou Sugi Ban House found Sabina Rosas, 33, of Brooklyn, New York, dead in a guest room on Monday afternoon, Suffolk County police said.

The luxurious, exclusive spa retreat is popular with celebrities and is in Water Mill, located between Southampton and Bridgehampton.

A law enforcement source told ABC News that Rosas checked in with a man who left alone on Monday morning.

The suspected killer appears to have been a boyfriend of the victim, the sources said.

The victim’s cause of death has not been released.

Copyright © 2024, ABC Audio. All rights reserved.

Subway sued for allegedly shorting customers on meat, ‘false and misleading advertisements’

Subway sued for allegedly shorting customers on meat, ‘false and misleading advertisements’
Subway sued for allegedly shorting customers on meat, ‘false and misleading advertisements’
Jakub Porzycki/NurPhoto via Getty Images

(NEW YORK) — A newly filed lawsuit has accused Subway of “unfair and deceptive trade practices” and selling its steak-and-cheese sandwiches based on “false and misleading advertisements,” that the lawsuit claims show customers getting at least three times more meat than is actually in the product.

The class-action complaint against Subway was filed on Monday in the United States District Court for the Eastern District of New York by plaintiff Anna Tollison, accusing Subway of using “photographs in its advertisements that make it appear that the Steak & Cheese sandwich contains at least 200% more meat than the actual sandwiches that customers receive,” according to the lawsuit.

“Subway’s advertisements for the Product are unfair and financially damaging to consumers as they are receiving a product that is materially lower in value than what is being represented,” the lawsuit says. “Subway actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower income consumers, are struggling financially.”

The lawsuit also says that Subway’s promise of a portion that is larger is “causing consumers to come to, or order from, Subway restaurants and make purchases that they would not have otherwise made.”

The lawsuit says it stems from Tollison’s visit to a Subway in Jamaica, New York, on Aug. 23 when she picked up a steak-and-cheese sandwich after ordering it through Subway’s mobile app for $6.99 plus tax.

“After she picked up and began eating her sandwich, [Tollison] realized that there was barely any steak in the sandwich and that the photographs that she relied on were grossly misleading,” the lawsuit says.

The lawsuit is seeking unspecified damages for New Yorkers who bought the sandwiches in the last three years from Oct. 28, 2021 and alleges “egregious” violations of the state’s consumer protection laws.

This is not the first time Subway has dealt with lawsuits critical of their business. In 2021, Ireland’s Supreme Court issued a ruling declaring that for the purposes of tax law, the bread served in Subway’s hot sandwiches does not actually meet the legal definition of “bread” because of its sugar content and is rather a “confectionary or fancy baked good.”

In that case, Justice Donal O’Donnell in the Ireland Supreme Court said that the definition of “bread” was originally established to make a distinction between the starch in other baked goods, like cookies or cake or brownies, that are sugary and therefore not healthy enough to be considered essential foods.

“Subway’s bread is, of course, bread,” Subway said in a statement given to ABC News. “We have been baking fresh bread in our stores for more than three decades and our guests return each day for sandwiches made on bread that smells as good as it tastes.”

Subway also previously defended themselves against a lawsuit for more than four years claiming that their “footlong” sandwiches were too short. That case was dismissed in 2017.

Copyright © 2024, ABC Audio. All rights reserved.

Shanquella Robinson’s family sues travel companions, federal prosecutors amid questions surrounding her 2022 death in Mexico

Shanquella Robinson’s family sues travel companions, federal prosecutors amid questions surrounding her 2022 death in Mexico
Shanquella Robinson’s family sues travel companions, federal prosecutors amid questions surrounding her 2022 death in Mexico
Obtained by ABC News

(CABO SAN LUCAS, MEXICO) — The family of Shanquella Robinson, the North Carolina woman who died while vacationing in Mexico in October 2022, filed a wrongful death lawsuit against Robinson’s travel companions, who are referred to in the suit as “the Cabo Six,” alleging battery, negligence, conspiracy and emotional distress.

Robinson’s mother, Sallamondra Robinson, spoke out during a press conference on Tuesday, along with family attorney Sue-Ann Robinson, who has no relation to the Robinson family.

“I would like each and every one of you, if you can, anything you can do, step in and help us with justice,” Sallamondra Robinson said. “We need justice for Shanquella Robinson. It has been two years and there’s no reason that they have not been arrested yet.”

ABC News’ attempts to reach out directly to the individuals identified as the “Cabo Six” were unsuccessful. It is unclear if they have retained attorneys.

The lawsuit, which was filed in the Superior Court of Mecklenburg County on Monday, two years after Robinson’s death, was filed on behalf of Sallamondra Robinson, and also names the U.S. State Department and the Federal Bureau of Investigation after federal prosecutors announced last year that they won’t be filing charges in this case, citing a lack of evidence.

“We are here today, not only to honor Shanquella Robinson and her family, but to call for action,” Sue-Ann Robinson said. “We demand, still again and until the end, that authorities take the necessary steps to investigate this case thoroughly and bring those responsible to justice … We will not rest until justice is served for Shanquella Robinson and her family..”

The complaint, a copy of which was obtained by ABC News, claims that Sallamondra Robinson “suffered damages, in excess of $25,000 as a result of the wrongful death” and accuses the FBI of withholding records related to the investigation that the family sought to obtain through FOIA requests. The lawsuit also accuses the State Department and the FBI of negligence.

“The FBI’s standard practice is to decline to comment on pending litigation,” an FBI spokesperson told ABC News on Tuesday.

ABC News reached out to the State Department, but a request for comment was not immediately returned.

Robinson, a 25-year-old Black woman from Charlotte, North Carolina, was found dead in the resort city of San Jose Del Cabo on the southern tip of Mexico’s Baja California peninsula, on Oct. 29 2022 where she and six acquaintances traveled for vacation. According to the lawsuit, the six individuals “were believed to be friends” of Robinson’s.

Shortly after Robinson’s death, a viral video emerged on social media that appeared to show a woman – later identified as one of the “Cabo Six” – beating a naked Robinson in a room, while two spectators recorded the incident.

Sallamondra Robinson previously told ABC News that after her daughter’s death, she got a frantic telephone call from her acquaintances on the trip, claiming that she had died from alcohol poisoning. However, the Mexican Secretariat of Health’s autopsy report and death certificate for Shanquella Robinson, obtained by ABC News, lists her cause of death as “severe spinal cord injury and atlas luxation,” with no mention of alcohol.

The report, which was dated Nov. 4, 2022, also states that the approximate time between injury and death was 15 minutes, while a box asking whether the death was “accidental or violent” was ticked “yes.”

Following Robinson’s death, the FBI opened a probe into the incident, but the bureau announced in April 2023 that federal prosecutors would not seek charges related to Robinson’s death due to a lack of evidence.

U.S. Attorneys Sandra J. Hairston and Dena J. King, who represent the Middle and Western Districts of North Carolina, wrote in a statement that in every case considered for federal prosecution, the government must prove “beyond a reasonable doubt, that a federal crime was committed.”

“Based on the results of the autopsy and after a careful deliberation and review of the investigative materials by both U.S. Attorneys’ Offices, federal prosecutors informed Ms. Robinson’s family today that the available evidence does not support a federal prosecution,” the statement said.

Meanwhile, Mexican authorities investigated the case as femicide, a form of gender-based violence and issued an arrest warrant on Nov. 22, 2023, in relation to Robinson’s death for an alleged perpetrator who was not named, a local prosecutor confirmed to ABC News.

Daniel de la Rosa Anaya, the local prosecutor for the state of Baja California Sur, told ABC News in November 2022, that the warrant was “issued for the crime of femicide,” adding that Mexico is “carrying out all the pertinent procedures such as the Interpol alert and the request for extradition to the United States of America.”

The Attorney General’s Office of Baja California Sur, whose office is investigating, confirmed to ABC News in a statement on Tuesday that the investigation is still open.

“We made the necessary procedures before the United States, it is the authority there that must proceed with the apprehension of the probable perpetrator or perpetrators and put them at the disposal of the Mexican authorities,” the statement said. “Until there is a final sentence, the investigation cannot be closed.”

ABC News’ Sabina Ghebremedhin, Anne Laurent and Alexander Mallin contributed to this report.

Editor’s note: This story has been updated to clarify the parties named in the lawsuit.

Copyright © 2024, ABC Audio. All rights reserved.

Troops join emergency responders in search for missing after flash floods in Valencia, Spain

Troops join emergency responders in search for missing after flash floods in Valencia, Spain
Troops join emergency responders in search for missing after flash floods in Valencia, Spain
Clara Margais/picture alliance via Getty Images

(LONDON) — On the streets of Alfafar on Wednesday, cars and caravans were strewn like toys in the muddy aftermath of the floodwater that had rushed through the Spanish town.

Emergency crews descended on Wednesday on that town and others surrounding Valencia, wading through washed-out neighborhoods, searching homes and looking for missing people following devastating flooding, according to emergency officials.

More than 1,000 troops had been deployed to the province to help with the emergency response, the Military Emergencies Unit, a branch of the Spanish military, said on social media on Wednesday.

The flash floods were caused by heavy rain, which by Wednesday morning had begun “easing off,” according to the country’s meteorological agency

“[B]ut there is still an orange warning in inland Castellón until 2:00 p.m.,” the agency said. “Caution in the northeast of the peninsula and western Andalusia: very heavy showers are possible. Stay informed!”

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

ABC News’ Somayeh Malekian contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.