(NEW YORK) — A federal judge in New York on Monday held Rudy Giuliani in contempt of court for failing to turn over personal property and information to two Georgia election workers he was found to have defamed.
Judge Lewis Liman sided with Ruby Freeman and Shaye Moss, who said Giuliani has “not turned over a single dollar” to satisfy the $148 million judgment against the former New York City mayor.
The election workers said Giuliani failed to relinquish “a signed Joe DiMaggio shirt, signed Reggie Jackson picture, signed Yankee Stadium picture, or many of the various household goods or furnishings that he valued at $20,000 and which public photographs show he possessed in his New York Apartment.”
Giuliani was found liable in 2023 for defaming Freeman and Moss by falsely accusing them of tampering with the 2020 presidential vote in Georgia.
This is a developing story. Please check back for updates.
(CHINA) — Chinese health officials are reportedly monitoring an increase in cases of human metapneumovirus (HMPV).
There is currently no evidence that the outbreak is out of the ordinary or that a new respiratory virus or illness has emerged in China.
A spokesperson for the World Health Organization (WHO) said data from China indicates “there has been a recent rise in acute respiratory infections” but that “the overall scale and intensity of respiratory infectious diseases in China this year are lower than last year.”
Cases of HMPV have been steadily increasing in the U.S. since November 2024 with 1.94% of weekly tests positive for HMPV as of Dec. 28, 2024, according to data from the Centers for Disease Control and Prevention (CDC). By comparison, 18.71% of weekly tests were positive for flu and 7.10% were positive for COVID during the same week, the data shows.
Public health experts told ABC News that HMPV is well-known to health care professionals and commonly circulates during respiratory virus season.
“This is that winter respiratory virus season, indeed,” Dr. William Schaffner, a professor of preventive medicine at Vanderbilt University Medical Center in Nashville, told ABC News. “So, all of these respiratory viruses — influenza, COVID, RSV, human metapneumovirus — they all increase this time of the year, in part because we get so close to each other.”
“We spend time indoors and, of course, all of this holiday traveling, family get-together, and parties have been opportunities for us to get close together and for the virus to be transmitted,” he continued.
Here’s what you need to know about HMPV, including what it is, how it spreads and how to treat it.
What is HMPV?
HMPV is a virus that can cause upper and lower respiratory disease, according to the CDC.
It was discovered in 2001 and is in the Pneumoviridae family along with respiratory syncytial virus, or RSV, the CDC said.
Over the years, there has been a better understanding and awareness of HMPV, which has led to broader testing, according to the federal health agency.
“Human metapneumovirus is another one of those respiratory viruses that we’re now appreciating more because we have the diagnostic capability to actually diagnose it more readily in hospitals, emergency rooms and even in physicians’ offices,” Schaffner said. “Now we have diagnostic panels that can tell you whether you have influenza or COVID or RSV or human metapneumovirus.”
What are the symptoms?
HMPV has an incubation period of three to six days, according to the CDC.
Symptoms include cough, nasal congestion, fever and shortness of breath, the federal health agency said.
“It’s oftentimes indistinguishable from the other respiratory viruses, because we don’t usually check for it unless somebody is really ill,” Dr. Peter Chin-Hong, a professor of medicine and an infectious diseases specialist at the University of California, San Francisco, told ABC News.
Young children and adults aged 65 and older are among those at the highest risk of HMPV progressing to bronchitis or pneumonia.
How does it spread?
HMPV can spread through secretions from coughing and sneezing, close personal contact and touching objects that have the virus and then touching the eyes, nose or mouth, according to the CDC.
In the U.S., like other respiratory viruses, HMPV cases typically rise in the winter and decrease in the spring.
Chin-Hong said most people are exposed to HMPV by the time they’re five years old. People can get reinfected, but symptoms are typically milder.
Those who are immunocompromised or are older may experience more severe symptoms if they are reinfected.
Is there treatment for HMPV?
There are no antivirals to treat HMPV, so treatment consists of providing supportive care to patients with moderate or severe symptoms, the experts said.
“If you’re wheezing, we’ll give bronchodilators,” Chin-Hong said, referencing a medication that relaxes and opens the airways and helps clear mucus from the lungs. “If you’re dehydrated, we give fluid; we reduce the fever.”
Chin-Hong said that because people may develop co-infections, including bacterial infections, antibiotics may need to be given.
How do I prevent HMPV?
There is no vaccine to prevent HMPV, so prevention includes following basic hygiene including washing hands with soap and water, covering the nose and mouth when coughing and sneezing and staying home when sick.
“People who are in this high-risk group for any of these viruses — particularly older people, people who are frail, people who are immune-compromised — if they go indoors where there are a lot of people, [they should] put their mask back on and also consider social distancing,” Schaffner said.
Chin-Hong and Schaffner added that it’s important for people to receive vaccines for other respiratory illnesses including COVID-19, flu and RSV.
Getting vaccinated against other respiratory viruses can reduce the risk of co-infection and may help health care professionals rule out certain illnesses much sooner.
“Sure, you can get serious disease from HMPV itself, but if you get HMPV plus pneumococcus or HMPV plus influenza or RSV, it could be much worse,” Chim-Hong said. “During respiratory virus season, you want to minimize the probability of co-infection.”
ABC News’ Youri Benadjaoud contributed to this report
Eva Marie Uzcategui Trinkl/Anadolu Agency via Getty Images
(WASHINGTON) — The former leader of the Proud Boys — a group prosecutors say was central to the attack on the U.S. Capitol on Jan. 6, 2021 — is asking President-elect Donald Trump for a pardon, according to a letter from his lawyer on Monday.
Enrique Tarrio was sentenced to 22 years behind bars for his role in helping rally members of the far-right group to come to Washington in advance of Jan. 6, prosecutors say, with the goal of stopping the peaceful transition of power, that he monitored their movements and egged them on as they attacked the Capitol, and continued to celebrate their actions in the days after the insurrection.
“Henry ‘Enrique’ Tarrio was portrayed throughout the government’s case as a right-wing extremist that promoted a neo-fascist militant organization,” Tarrio’s lawyer, Nayib Hassan writes in a letter obtained by ABC News. “Henry is nothing more than a proud American that believes in true conservative values.”
His lawyer writes that Tarrio is a “young man” with an “aspiring future” and that he wasn’t even in Washington, D.C. on Jan. 6.
During his sentencing, prosecutors pointed to a nine-page strategic plan to “storm” government buildings in Washington on Jan. 6 that was found in Tarrio’s possession after the riot, as well as violent rhetoric they say he routinely used in messages with other members of the group about what they would do if Congress moved forward in certifying President Joe Biden’s election win.
Tarrio, his lawyer argues, has been moved from various private and federal prisons and is often remanded to the Special Housing Unit which only allows someone to leave their cell once a day.
“Granting this pardon would allow Henry to reintegrate into a family that is extremely supportive and would further demonstrate commitment to lawful, peaceful and constructive contributions,” according to the letter. “It would also enable him to support his family fully and contribute meaningfully to the community.”
During his sentencing hearing in September 2023, Tarrio apologized profusely for his actions and heaping praise on members of law enforcement who he said have been unfairly mistreated and maligned after the Jan. 6 attack — which he called a “national embarrassment.”
“I will have to live with that shame and disappointment for the rest of my life,” Tarrio said. “We invoked 1776 and the Constitution of the United States and that was so wrong to do. That was a perversion. The events of Jan. 6 is something that should never be celebrated.”
(WASHINGTON) — House and Senate lawmakers on Monday met for joint session to certify President-elect Donald Trump’s 2024 victory.
Vice President Kamala Harris, who presided over the ceremony, read the results aloud.
Republicans cheered loudly as she announced Trump’s 312 electoral votes, while Democrats did the same for her 226 electoral votes.
The vote count occurred exactly four years after thousands of pro-Trump supporters violently stormed the U.S. Capitol, temporarily disrupting lawmakers affirming President Joe Biden’s 2020 win.
Monday’s events marked a return to the traditional ceremonial task that had long been a subdued affair until Trump’s challenge of his loss to Biden, though heightened security measures remain in place.
A winter snowstorm blanketed Washington but lawmakers forged ahead with the constitutionally mandated responsibility. The House floor was packed with lawmakers for the count, which was the final step in validating Electoral College results.
This year, President Biden emphasized the importance of America’s bedrock principle of a peaceful transfer of power but urged the country to never forget what happened in 2021.
“We should be proud that our democracy withstood this assault,” Biden wrote in an op-ed published late Sunday by the Washington Post. “And we should be glad we will not see such a shameful attack again this year.”
Harris, too, called it a “sacred obligation” — one she said she would “uphold guided by love of country, loyalty to our Constitution and my unwavering faith in the American people.”
As she made her way to the House chamber, Harris was asked what people should take away from Monday’s events.
“Democracy must be upheld by the people,” she said, raising one finger in the air.
Speaker Mike Johnson, who was just elected to a second term to lead the House with Trump’s assistance, and Vice President Harris called the chamber to order shortly after 1 p.m. ET after the procession of ballots and senators through the Capitol.
Harris opened the votes from each state and handed them to the House tellers, who read aloud the result.
Unlike in 2021, there were no objections to the results. Harris conceded to Trump the day after Election Day, and no Democrats have challenged the outcome as many Republican allies of Trump did in 2020.
Vice President-elect JD Vance, who was a senator from Ohio when he was tapped to be Trump’s running mate, was seated in the front row during the count.
Trump, ahead of the certification, posted on his social media platform that it will be “A BIG MOMENT IN HISTORY. MAGA!”
The president-elect will be sworn in on Monday, Jan. 20.
Trump has claimed his win is a “mandate” from the American people to implement his agenda for the economy, immigration and more.
He is returning to the White House with Republicans controlling both the House and Senate. The 119th Congress was sworn in last Friday.
ABC News’ Allison Pecorin and John Parkinson contributed to this report.
(WASHINGTON) — Monday marks the fourth anniversary of the violent events of Jan. 6, 2021 — a day President-elect Donald Trump has continually tried to recast as a “day of love.”
Trump is vowing to pardon Jan. 6 rioters on the first day of his administration, saying while it will done be on a case-by-case basis, he believes a majority of them should not be in jail and have “suffered greatly.”
At an event at Mar-a-Lago over the weekend, according to an audio recording obtained by ABC News, he continued to claim that the the electoral votes from the 2020 election “could have been sent back” and criticized then-Vice President Mike Pence for adhering to his constitutional duty to uphold the certification process and not unilaterally reject the election results.
President Joe Biden, on the other hand, penned an op-ed on Sunday in which he pushed back on attempts to “rewrite — even erase — the history of that day.”
“Violent insurrectionists attacked the Capitol, threatened the lives of elected officials and assaulted brave law enforcement officers,” he wrote in the Washington Post. “We should be proud that our democracy withstood this assault. And we should be glad we will not see such a shameful attack again this year.”
And in remarks to congressional Democrats, Biden said it was now their “duty to tell the truth.”
“You remember what happened, and don’t let Jan. 6 be rewritten or even erased,” he told them. “To honor the Constitution, not only the most extraordinary of days, but it’s one of the toughest days in American history: Jan. 6.”
On the campaign trail, Trump often aired grievances and false claims about the 2020 election and tried to downplay what transpired on Jan. 6, 2021.
One notable exchange came during a Univision town hall weeks before Election Day, when a Republican audience member pressed Trump on his actions that day as thousands of his supporters stormed the U.S. Capitol, temporarily disrupting the certification of Biden’s win.
Trump falsely claimed no one in the crowd was carrying firearms.
“That was a day of love,” Trump said. “From the standpoint of the millions, it’s like hundreds of thousands. It could have been the largest group I’ve ever spoken to before. They asked me to speak. I went and I spoke, and I used the term ‘peacefully and patriotically.'”
Nearly 1,600 individuals have faced charges associated with the Capitol attack, according to new figures released by the U.S. Attorney’s Office.
That includes 608 individuals who have faced charges for assaulting, resisting or interfering with law enforcement trying to protect the complex that day, the office said. Approximately 140 law enforcement officers were injured during the riot, the DOJ has said.
In a brief video message on Monday, Harris reflected on the importance of the peaceful transfer of power, saying the country’s witnessed how “our democracy can be fragile” and “it is up to then each one of us to stand up for our most cherished principles.”
Trump on social media called the upcoming certification a “A BIG MOMENT IN HISTORY. MAGA!”
ABC News’ Soorin Kim, Lalee Ibssa, Kelsey Walsh and Alexander Mallin contributed to this report.
(NEW YORK) — The climate crisis is not a distant threat; it’s happening right now and affecting what matters most to us. Hurricanes intensified by a warming planet and drought-fueled wildfires are destroying our communities. Rising seas and flooding are swallowing our homes. And record-breaking heat waves are reshaping our way of life.
The good news is we know how to turn the tide and avoid the worst possible outcomes. However, understanding what needs to be done can be confusing due to a constant stream of climate updates, scientific findings, and critical decisions that are shaping our future.
That’s why the ABC News Climate and Weather Unit is cutting through the noise by curating what you need to know to keep the people and places you care about safe. We are dedicated to providing clarity amid the chaos, giving you the facts and insights necessary to navigate the climate realities of today — and tomorrow.
Biden bans offshore oil and gas drilling in 625 million acres of ocean
Just days before he leaves office, President Joe Biden is taking executive action to ban offshore oil and gas drilling in more than 625 million acres of ocean.
Using a provision in the 1953 Outer Continental Shelf Lands Act that gives the president the authority to ban drilling in the Outer Continental Shelf ocean zone, Biden declared the entire U.S. East Coast, the eastern Gulf of Mexico, the coasts of Washington, Oregon, and California and portions of the Northern Baring Sea in Alaska off limits to future oil and natural gas leasing.
“My decision reflects what coastal communities, businesses, and beachgoers have known for a long time: that drilling off these coasts could cause irreversible damage to places we hold dear and is unnecessary to meet our nation’s energy needs. It is not worth the risks,” Biden said in a statement.
The decision is not unprecedented. President Barack Obama used the act to ban oil and gas production in parts of the Arctic and North Atlantic oceans. And President Donald Trump used it to prohibit drilling off both Florida coasts and the coasts of Georgia and South Carolina. Trump also tried to overturn the Obama decision in 2019, but a U.S. District Court judge ruled that it would require an act of Congress to undo the ban. With that ruling, Trump may have difficulty ridding himself of the ban.
Environmental groups are praising the decision, and one senior administration official told ABC News that the ban is “one of the most significant climate actions the president could take” regarding climate protection and natural resource protection.
The American Petroleum Institute panned the move, saying, “American voters sent a clear message in support of domestic energy development, and yet the current administration is using its final days in office to cement a record of doing everything possible to restrict it.”
The group, which represents America’s natural gas and oil industry, is urging “policymakers to use every tool at their disposal to reverse this politically motivated decision and restore a pro-American energy approach to federal leasing.”
But Biden is pushing back on the criticism, and the White House says hundreds of municipalities and thousands of elected officials have formally opposed offshore drilling in these areas because of health, environmental and economic threats.
“We do not need to choose between protecting the environment and growing our economy, or between keeping our ocean healthy, our coastlines resilient, and the food they produce secure and keeping energy prices low. Those are false choices,” Biden added in his statement.
While the eastern Gulf of Mexico is considered a lucrative region for drilling, the oil and gas industry has not shown much interest in developing some of the other areas receiving the new protection. And there’s been bipartisan pressure to protect many of these locations as many legislators don’t want oil platforms near their beaches.
-ABC News Climate Unit’s Matthew Glasser and ABC News White House Correspondent MaryAlice Parks
Could the UK be a model for clean electricity production?
When it comes to curbing climate change, scientists have been clear. The world needs to stop burning fossil fuels. However, much of the world still depends on significant amounts of oil, gas and coal for its energy needs.
England kicked off the coal power revolution in 1882 and, for the next 142 years, burned the greenhouse gas-emitting energy source. But last year, the U.K. became the first G7 country to phase out coal power plants. When the Ratcliffe-on-Soar plant in Nottinghamshire closed in September, it marked the end of an era for the most-polluting fossil fuel in that region.
A new analysis by Carbon Brief, a U.K.-based climate publication, found that by eliminating coal and adopting more clean energy sources, the U.K. has significantly cleaned up its electricity generation, meaning it’s generating the least amount of greenhouse gas emissions in its history.
According to the analysis, in 2024, renewable energy sources reached a record-high 45% in the country, while fossil fuels made up 29%. Nuclear energy accounted for another 13%. Over the last decade, renewable energy sources have more than doubled. As a result, carbon emissions have plunged by two-thirds over that time.
While gas-fired power plants are still the U.K.’s single-largest source of electricity, wind power has almost caught up. However, the analysis found that when new wind projects come online in the coming months, the U.K. will likely generate more power from wind than gas in 2025.
While the incoming Trump administration calls for more drilling and fossil fuel use, including coal, in the United States, the U.K. just had its cleanest year ever for electricity generation. The combination of sunsetting coal power plants and increasing the amount of renewable energy is moving the country in the direction scientists say is crucial for stopping the worst impacts of human-amplified climate change.
-ABC News Climate Unit’s Matthew Glasser
New York will make polluters pay for climate change damage
New York State is establishing a “Climate Superfund” that will make companies that release large amounts of greenhouse gas emissions financially responsible for some of the damage that climate change caused to the state’s infrastructure, communities and ecosystems.
On Thursday, Gov. Kathy Hochul, signed a bill into law requiring large fossil fuel companies to “pay for critical projects that protect New Yorkers.” Citing the hundreds of billions of dollars the state will have to spend on climate adaptation through 2050, the law requires that the companies responsible for most carbon emissions, more than a billion metric tons, between 2000-2018 pay nearly $3 billion annually for the next 25 years.
“With nearly every record rainfall, heatwave, and coastal storm, New Yorkers are increasingly burdened with billions of dollars in health, safety, and environmental consequences due to polluters that have historically harmed our environment,” Hochul said in a press statement.
The new law calls climate change “an immediate, grave threat to the state’s communities, environment, and economy.” According to NASA, 97% of climate scientists believe human activity, specifically burning fossil fuels, is the primary driver of climate change and global warming. And those changes to the climate have resulted in more intense and more frequent extreme weather events.
The New York legislature said the “Climate Superfund” was now possible because scientific research enables them “to determine with great accuracy the share of greenhouse gases released into the atmosphere by specific fossil fuel companies over the last 70 years or more, making it possible to assign liability to and require compensation from companies commensurate with their emissions during a given time period.”
“The governor’s approval of the Climate Change Superfund Act is a welcome holiday gift for New York taxpayers,” said Blair Horner, executive director of the New York Public Interest Research Group, in a statement. “Until her approval, New York taxpayers were 100% on the financial hook for climate costs. Now Big Oil will pay for much of the damages that they helped cause.”
The state anticipates collecting up to $75 billion over 25 years, and the law requires that at least 35% of the funds go to disadvantaged communities.
New York State Senator Liz Krueger said the new legislation was modeled after the federal Superfund law that requires polluters to pay for toxic waste cleanups.
But not everyone is cheering the new legislation. In a letter to Gov. Hochul, urging her to veto the bill, the Business Council of New York State, which represents more than 3,000 companies, chambers of commerce and associations, wrote, “The bill discriminates by targeting only the largest fossil fuel extraction and processing firms, including petroleum, natural gas, and coal.”
The Council added, “This legislation ignores the near universal use and benefits associated with fossil fuel.” They argued that the new law would do nothing to address what they said is the primary cause of carbon emissions: “consumption.”
There are still a lot of specifics that have yet to be determined, and the state’s Department of Environmental Conservation is responsible for figuring out the program’s details over the next few years. With legal challenges all but certain, it will be some time before the companies actually have to pay up.
-ABC News Climate Unit’s Matthew Glasser
Could climate change bring more earthquakes?
Earthquakes are usually triggered by seismic activity deep beneath the Earth’s surface and far beyond the influence of atmospheric conditions. However, according to new research, there may be instances where climate change can impact seismic activity.
A recent Colorado State University study suggests that melting glaciers could impact earthquake activity in some areas. Researchers analyzed southern Colorado’s Sangre de Cristo Mountains during the last ice age. They found the active fault responsible for triggering earthquakes was held in place by the weight of glaciers sitting on top of it.
Thousands of years ago, as the last ice age ended and the planet began to naturally warm, glaciers in this region began to melt. The study found that as the ice melted, there was less pressure on the quake-prone fault, which triggered an increase in earthquake activity. Basically, the glacier was holding the fault in place — less ice, less weight.
There is limited scientific evidence linking changes in Earth’s climate to earthquake activity. Still, this study demonstrates that, in some cases, climate-related events, like melting glaciers, could influence seismic events.
Sean Gallen, Geosciences associate professor and senior author of the study, highlights that this research helps us better understand the factors that can drive earthquakes.
Even though the study focused on investigating links between Earth’s natural climate variability (an ice age) and seismic activity, this research shows how other glacier-adjacent faults worldwide could respond as greenhouse gas emissions accelerate global warming.
As human-amplified climate change continues to drive global glacier melt, earthquake activity along these faults could increase as glaciers recede.
“We see this in the rapid mountain glacial retreats in Alaska, the Himalayas and the Alps,” said Cece Hurtado, an author of the study. “In many of these regions, there are also active tectonics, and this work demonstrates that as climate change alters ice and water loads, tectonically active areas might see more frequent fault movements and earthquakes due to rapidly changing stress conditions.”
(OTTAWA, Canada) — Canadian Prime Minister Justin Trudeau has announced he intends to resign as Liberal Party leader and prime minister once a new party leader is determined.
“I intend to resign as party leader, as prime minister, after the party selects its next leader through a robust, nationwide, competitive process,” he said Monday from Rideau Cottage in Ottawa.
Trudeau will serve as prime minister until March 24. He will then be replaced by a new Liberal Party leader.
The Canadian Parliament was supposed to begin its new session of 2025 on Jan. 27, but Trudeau said Monday he asked the governor general to extend and not start a new session of Parliament until March 24.
Trudeau spoke in both English and French during his remarks, and said he shared the news with his children the night prior.
“I’m a fighter. Every bone in my body has always told me to fight because I care deeply about Canadians. I care deeply about this country, and I will always be motivated by what is in the best interest of Canadians,” the prime minister said.
Trudeau said he believes his resignation will “bring the temperature down” and allow Parliament to reset and get back to work “for Canadians.”
“Parliament needs a reset, I think, needs to calm down a bit and needs to get to work for Canadians,” Trudeau said when answering reporters’ questions following his announcement.
“Removing me as the leader who will fight the next election for the party should decrease the polarization that we have right now,” he said.
The development comes a month after Canada’s deputy prime minister and finance minister, Chrystia Freeland, resigned from Trudeau’s Cabinet, a sign of apparent turmoil in his government. Trudeau, 53, the leader of the Liberal Party, began serving as the 23rd prime minister of Canada in 2015.
In a letter to the prime minister announcing her resignation, Freeland cited her differences with Trudeau over how to deal with President-elect Donald Trump’s tariff threat.
“Our country today faces a grave challenge,” Freeland wrote in the letter, which she shared on social media. “The incoming administration in the United States is pursuing a policy of aggressive economic nationalism, including a threat of 25 percent tariffs.”
“We need to take that threat extremely seriously,” she continued, with actions that included the need for Canada to push back and resist “costly political gimmicks” and “building a true Team Canada response.”
Trump has proposed new tariffs on imports from Canada — the United States’ third largest supplier of agricultural products, according to the Department of Agriculture — as well as China and Mexico.
Trudeau traveled to Mar-a-Lago, Trump’s private club in Florida, last month to meet with the president-elect. Trudeau told reporters at the time that his conversation with Trump was “excellent” but did not respond to any additional questions.
In her letter last month, Freeland said Trudeau told her he no longer wanted her to serve as finance minister and offered her another position in the Cabinet.
“Upon reflection, I have concluded that the only honest and viable path is for me to resign from the Cabinet,” she said in the letter, which noted that she looks forward to continuing to work with her colleagues as a Liberal member of Parliament and plans to run again for her seat in Toronto in the next federal election.
Dominic LeBlanc, the minister of intergovernmental affairs, will now also serve as the new finance minister after Freeland stepped down from the role.
Her resignation comes as Trudeau’s housing minister, Sean Fraser, also announced he will not seek reelection for personal reasons, saying he wants to spend more time with his family.
The next federal election must be held by Oct. 20.
Support for Trudeau’s party has declined steadily for months, with the Liberals currently at their lowest level of support in years, according to CBC News. The Conservative Party holds a 21-point lead over the Liberals leading up to the federal election, according to CBC News.
Trudeau’s father, former Prime Minister Pierre Elliott Trudeau, served as the prime minister of Canada from 1968 to 1979 and from 1980 to 1984, before retiring from politics before the next election.
This is a developing story. Please check back for updates.
(NEW YORK) — President-elect Donald Trump on Monday asked the judge overseeing his criminal hush money case in New York to halt his sentencing in the case, currently set for Friday.
Judge Juan Merchan, in a ruling last week, ordered Trump to appear for sentencing, either in person or virtually, on Jan. 10 following his May conviction on 34 felony counts of falsifying business records.
Trump was found guilty in May of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
In a court filing Monday, Trump’s attorneys argued Merchan “will lack authority to proceed with sentencing” because Trump is still appealing Merchan’s earlier ruling that the Supreme Court’s presidential immunity decision does not apply to the New York hush money case.
“Forcing a President to continue to defend a criminal case — potentially through trial or, even more dramatically here, through sentencing and judgment — while the appellate courts are still grappling with his claim of immunity would, in fact, force that President ‘to answer for his conduct in court’ before his claim of immunity is finally adjudicated,” defense attorneys Todd Blanche and Emil Bove wrote.
Merchan initially scheduled the sentencing for July 11 before pushing it back in order to weigh if Trump’s conviction was impacted by the Supreme Court’s July ruling prohibiting the prosecution of a president for official acts undertaken while in office. Merchan subsequently ruled that Trump’s conviction related “entirely to unofficial conduct” and “poses no danger of intrusion on the authority and function of the Executive Branch.”
Merchan last week indicated that he would sentence Trump to an unconditional discharge, effectively a blemish on Trump’s record, saying it struck a balance between the duties of president and the sanctity of the jury’s verdict.
Trump’s attorneys said it did not matter.
“It is of no moment that the Court has suggested an intention to impose a sentence of unconditional discharge. While it is indisputable that the fabricated charges in this meritless case should have never been brought, and at this point could not possibly justify a sentence more onerous than that, no sentence at all is appropriate based on numerous legal errors — including legal errors directly relating to Presidential immunity that President Trump will address in the forthcoming appeals,” the defense said.
The Manhattan district attorney’s office declined to comment on Monday’s filing.
(NEW YORK) — A major winter storm that broke snowfall records in the Midwest is now hitting the mid-Atlantic, bringing with it a heavy mix of snow and ice and canceling more than 1,400 flights across the U.S.
The heaviest snow and ice is moving into the Appalachians and the East Coast’s Interstate 95 corridor on Monday, with states of emergency in effect in West Virginia, Virginia and Maryland.
Schools are closed in Philadelphia, Baltimore and Washington, D.C.
A winter storm warning was issued for Washington, D.C., and Baltimore, where 8 to 12 inches of snow is possible. If D.C. gets more than 8.3 inches, it would be the biggest snowstorm for the city since 2016.
Federal offices are closed in D.C., where a snow emergency is in effect until at least the end of Tuesday, officials said.
D.C. Transportation Department director Sharon Kershbaum told ABC News Live that the city has been preparing for weeks and has geared up nearly 250 snowplows.
“if you don’t need to travel, please don’t,” she said, adding, “Our priority is to make sure that Congress can get where they need to.”
A winter weather advisory was issued for Philadelphia, where 2 to 4 inches of snow could fall and make roads very slick.
The heaviest snow should end from D.C. to Baltimore on Monday morning, but snow showers are forecast to linger into the evening.
New York City could see a dusting of snow. Boston is not expected to see any snow.
Snow should be gone from the East Coast by Monday night.
Before hitting the East Coast, this storm hit the Midwest on Sunday.
Snowfall totals have topped 1 foot in several places, including Chapman and Topeka, Kansas, where the storm dumped 18 inches and 14 inches, respectively.
The 5 inches of snow that fell in Cincinnati on Sunday is the city’s new single-day record for Jan. 5.
Three fatalities have been attributed to the storm: one in Missouri and two in Kansas, officials said.
(WASHINGTON) — U.S. Steel and Japan-based Nippon Steel sued the Biden administration on Monday over a decision made last week to block a merger between the two companies.
This is a developing story. Please check back for updates.
