Suspect in deadly hit-and-run at Maryland child’s birthday party ID’d

Suspect in deadly hit-and-run at Maryland child’s birthday party ID’d
Suspect in deadly hit-and-run at Maryland child’s birthday party ID’d
Stock image of police lights. Douglas Sacha/Getty Images

(BLADENSBURG, Md.) — A 66-year-old man has been identified by police as the alleged driver who plowed into a child’s front-yard birthday party over the weekend in Bladensburg, Maryland, killing a woman and leaving 13 others injured, including eight children.

The suspect, Joseph Sunday of Washington, D.C., was arrested on Monday, according to the Bladensburg Police Department.

Sunday was charged with two counts of negligent manslaughter with a vehicle and failure to remain at the scene of an accident where a death occurred, according to the police department.

The crash unfolded around 10 p.m. on Saturday when a car traveling in reverse in a Bladensburg residential neighborhood plowed into a crowd gathered on the front lawn of a home for a child’s birthday party, according to police.

The vehicle crashed into a party tent set up on the lawn, police said. The driver jumped out of the car and ran from the scene, but later surrendered to police, authorities said.

It remains under investigation what caused the driver to crash unto the party, including whether the suspect was impaired at the time of the crash, according to Bladensburg police officials.

The woman killed in the crash was identified by police as 31-year-old Ashley Hernandez Gutierrez of Washington, D.C.

Five adults and eight children, ranging in age from 1 to 17, were hospitalized with injuries, according to police. One young girl and a toddler were initially treated for critical injuries, according to Prince George’s County Fire and EMS Department.

 

Copyright © 2025, ABC Audio. All rights reserved.

Tropical Storm Melissa forms in Caribbean: Latest forecast

Tropical Storm Melissa forms in Caribbean: Latest forecast
Tropical Storm Melissa forms in Caribbean: Latest forecast
Tropical Development – Into the Weekend Map (ABC News)

(NEW YORK) — Tropical Storm Melissa has formed in the Atlantic and may further strengthen into a hurricane.

Melissa will stay away from the mainland United States, and instead pose the biggest threat to Haiti, the Dominican Republic, Jamaica and Cuba. The storm might also impact Puerto Rico.

Here’s the latest forecast:

As Melissa churns over the Caribbean in the coming days, it will unleash heavy rain, strong winds and rough surf on the Dominican Republic, Haiti and Cuba. A dangerous 5 to 10 inches of rainfall is possible by Friday, with more rain possibly coming over the weekend.

Puerto Rico may face heavy rain and gusty winds from Melissa’s outer bands on Thursday, Friday and this weekend. But so far, the forecast shows that the worst of the storm will avoid Puerto Rico.

Water temperatures in the Caribbean are 3 to 4 degrees above average for this time of year, which will help fuel this system. 

The Atlantic hurricane season lasts until Nov. 30.

Copyright © 2025, ABC Audio. All rights reserved.

Trump seeks to proceed with $10B lawsuit over WSJ story on Epstein’s birthday book

Trump seeks to proceed with B lawsuit over WSJ story on Epstein’s birthday book
Trump seeks to proceed with $10B lawsuit over WSJ story on Epstein’s birthday book
Kevin Dietsch/Getty Images

(WASHINGTON) — Lawyers for President Donald Trump are asking a federal judge in Florida to deny a request by the Wall Street Journal and its parent companies, Dow Jones and News Corp, to dismiss a $10 billion defamation lawsuit over the paper’s reporting on the bawdy letter allegedly penned by Trump that appeared in a birthday book for disgraced financier and sex offender Jeffrey Epstein. 

In a court filing late Monday, Trump’s lawyers argued that the July article and surrounding coverage were a “deliberate smear campaign designed to damage President Trump’s reputation” and subject the president to “public hatred and ridicule.” They also requested oral arguments over the Journal’s recent motion to dismiss.

“Defendants did not publish the Article on the front page of The Wall Street Journal based on a mere harmless joke between friends,” Monday’s filing said. “Indeed, such an assertion strains credulity beyond repair. The Article, and the surrounding media around it, were all a deliberate smear campaign designed to damage President Trump’s reputation.”

Epstein associate Ghislaine Maxwell, who is currently serving a 20-year prison sentence for aiding and participating in Epstein’s trafficking of underage girls, told Justice Department officials in August that Epstein had asked her to coordinate contributions to his 2003 50th birthday book from friends and associates, but said she could not recall if Trump, then a private citizen, was among those who responded.

Last month the House Oversight Committee released records from Epstein’s estate that included a copy of a birthday book with the alleged letter from Trump that the newspaper had described.

Trump, who filed suit against the Journal in July, has continued to argue the letter is fake and that the signature on the letter is not his.

Acknowledging the release of the letter by the House Oversight panel, Trump’s lawyers alleged that the Wall Street Journal was still “deliberate and malicious” because the reporting suggested that the letter was not only authored by Trump but also on-brand for the president. 

“Defendants cannot hide behind a few words buried within the text — words that refer to the letter ‘bearing Trump’s name’ — while simultaneously ignoring their deliberate portrayal of the letter as being authored and sent by President Trump to Epstein in 2003,” the filing said. 

The Wall Street Journal has stood by its reporting.

“Because Plaintiff has publicly admitted that he was Epstein’s friend in the early 2000s, his reputation cannot be harmed by the suggestion that he was friends with Epstein in 2003. Indeed, he was listed in the Birthday Book as a ‘friend’ of Epstein. The fact that his relationship with Epstein may now be a political liability — over 20 years after the Birthday Book was presented to Epstein — does not change this conclusion,” the Journal contended in its request for dismissal.

While the Journal’s reporting included a denial from President Trump, his lawyers argued in Mondays filing that the publication still acted with a “reckless disregard for the truth” because the request for comment was rushed and the reporting allegedly cast doubt on the president’s claim. 

“Although Defendants included Plaintiff’s denial, they did so in a way that made it seem as if Plaintiff’s denial was false. This kind of reckless disregard for the truth by Defendants provides a sufficient basis for an inference of actual malice,” the filing said. 

Copyright © 2025, ABC Audio. All rights reserved.

Some Americans fear high premiums if ACA enhanced subsidies expire: ‘It’s very much a worry’

Some Americans fear high premiums if ACA enhanced subsidies expire: ‘It’s very much a worry’
Some Americans fear high premiums if ACA enhanced subsidies expire: ‘It’s very much a worry’
House Speaker Mike Johnson (R-LA) speaks at a press conference with other House Republicans on the 15th day of the government shutdown in Washington, DC on October 15, 2025. Nathan Posner/Anadolu via Getty Images

(NEW YORK) — As the federal government shutdown enters its third week, some Americans are worried about the future of the Affordable Care Act (ACA) subsidies.

The subsidies, or premium tax credits, help lower or eliminate the out-of-pocket cost of monthly premiums for those who purchase insurance through the health insurance marketplace.

They were enhanced during the COVID-19 pandemic and are currently set to expire at the end of 2025.

Democrats have been demanding that Republicans pass extensions of the subsidies before the government is reopened, while the GOP says it won’t negotiate until a clean funding bill passes and the government reopens.

A recent analysis from KFF found that premium payments could more than double in 2026 if the ACA enhanced premium tax credits expire.

Some Americans who rely on the tax credits to help pay for some or all of their or their family’s premiums told ABC News they’re worried that if the subsidies expire, they may be forced to choose a less comprehensive insurance plan or they may not be able to cover the cost of their premiums.

We ‘can’t afford to not have insurance’

Doug Butchart, 67, from Eglin, Illinois, told ABC News that his wife, Shadene, has amyotrophic lateral sclerosis (ALS), and currently receives her insurance through the health insurance marketplace.

Shadene Butchart, 58, started off on a Blue Cross bronze plan — or the lowest tier — but, as her disease progressed, the couple decided to upgrade to a gold plan, the highest tier, which covers a higher percentage of her health care costs.

The premium under this plan is $1,273.82 per month. The Butcharts receive enhanced premium tax credits that cover $670 of the monthly premium, leaving them to pay $603.82 per month themselves.

Without the premium tax credits, Doug Butchart said they cannot afford to pay the entire premium out of pocket each month.

“I’ve heard [premiums could rise] anywhere from 25 to 50%,” he said. “And that’s not sustainable because we can’t afford that but can’t afford to not have insurance.”

Doug Butchart said his wife doesn’t quality for Medicare and they don’t meet the income threshold to qualify for Medicaid.

“We’re stuck like in the middle because, normally with an ALS diagnosis, you’re automatically eligible for [Social Security Disability Insurance] and Medicare, but she doesn’t have any work credits, so she doesn’t qualify for Social Security Disability,” he explained. “So right now, we’re doing everything off of my Social Security, and it’s very hard to try and pay all the bills and keep insurance and, if they mess around with the marketplace insurance, it’s going to make it impossible for us to afford insurance.”

Now that the Butcharts have met the deductible for the year, combined with the anticipation of possibly losing tax credits and going to a lower tier insurance plan, the couple is trying to use insurance to get as much equipment as Shadene Butchart needs to manage her ALS before the end of the year.

This includes an order for a new wheelchair that Shadene Butchart could drive with her eyes, and that could cost anywhere from $65,000 to $95,000, Doug Butchart said.

Doug Butchart said they may have to downgrade to a lower-tier plan next year, but he’s not sure if the medications his wife currently takes will be covered by a “lesser plan.”

Doug Butchart, who is a retired mechanic, said he feels lucky that he does not need to worry about house or car payments — both of which are paid off — but there are other bills to pay and he did not expect to have to struggle to meet insurance costs every month.

“You work your entire life to make yourself comfortable and I’m sure there are things that we could do without but there’s not that much crazy spending to possibly have to cover $1,500 a month for insurance,” he said. “That’s a lot of money. … You don’t realize how important insurance is until you need it.”

‘It’s very much a worry’

Nancy Murphy, a retired registered nurse and insurance industry employee, was able to receive insurance through the ACA for the first time this year with Florida Blue.

Every month, her premium is $1,019 and the enhanced premium tax credits cover the total cost, she told ABC News. If there is no deal made before the Nov. 1 open enrollment deadline or the tax credits expire at the end of the year, she’s concerned about being able to cover the cost.

“It’s very much a worry. I definitely could not afford that if the tax credits expire,” said Murphy, 60, who lives in Fort Lauderdale. “It’s a scary thought as a type 1 diabetic.”

Murphy said she uses an insulin pump to manage her diabetes, which is covered by her insurance without a co-pay. However, she said she sometimes uses other medications that have a $30 a month co-pay.

She added that losing the tax credits is a concern because she has other costs she wants to make sure she can manage including property taxes and her daughter’s tuition for college in Boston.

Without knowing exactly how much premiums are going to increase by, she said she’s very anxious about what her budget will look like.

“I’m like in limbo and it’s a really uncomfortable feeling,” Murphy said. “I like to budget and plan out my budget. With tuition, property taxes and repairs that need to be done around the house, I need to map these out.”

She continued, “These things to me are so upsetting. We are American citizens. We should be able to access our tax dollars for our heath care needs.”

Copyright © 2025, ABC Audio. All rights reserved.

Tropical Storm Melissa forms in Caribbean, may impact Puerto Rico: Latest forecast

Tropical Storm Melissa forms in Caribbean: Latest forecast
Tropical Storm Melissa forms in Caribbean: Latest forecast
Tropical Development – Into the Weekend Map (ABC News)

(NEW YORK) — Tropical Storm Melissa has formed in the Atlantic and may further strengthen into a hurricane.

While Melissa will stay away from the mainland United States, it could bring rough surf, rain and wind to Puerto Rico.

The exact path and timing are not yet clear, but Melissa will likely stay in the Caribbean for days.

A cold front will work to keep this system away from mainland America this weekend and next week.

However, Haiti, the Dominican Republic and Puerto Rico should all prepare for heavy rain, flooding, strong winds and rough surf for the second half of this week through the weekend, and possibly into early next week.

Water temperatures in the Caribbean are 3 to 4 degrees above average for this time of year, which will help fuel this system. 

Copyright © 2025, ABC Audio. All rights reserved.

NYPD searching for person who left newborn girl at subway station

NYPD searching for person who left newborn girl at subway station
NYPD searching for person who left newborn girl at subway station
A baby was found on a subway platform in Manhattan, New York, on Oct. 20, 2025. WABC

(NEW YORK) — New York City police have released footage of the person who they say left a newborn girl at a Midtown Manhattan subway station during the Monday morning rush hour.

The unknown person left the baby girl wrapped in a blanket at the southbound 1 train platform at 34th Street-Penn Station at about 9:04 a.m. Monday, the New York Police Department said. The person then fled on foot, police said.

The infant was reported via an anonymous tip, and NYPD and fire personnel responded, New York City Transit President Demetrius Crichlow told reporters.

The baby was conscious and alert on the way to the hospital and she was admitted in stable condition, police said.

“I’m calling it the miracle on 34th Street, maybe just a little earlier,” Crichlow said.

“Just grateful for the work of the NYPD for responding and caring for the baby,” he added.

The NYPD is looking for help identifying the unknown person who left the baby. The police ask anyone with information to call NYPD’s Crime Stoppers Hotline at 1-800-577-TIPS or submit a tip online at https://crimestoppers.nypdonline.org/.

ABC News’ Ahmad Hemingway contributed to this report.

Copyright © 2025, ABC Audio. All rights reserved.

Object that hit United flight’s windshield may have been weather balloon, company says

Object that hit United flight’s windshield may have been weather balloon, company says
Object that hit United flight’s windshield may have been weather balloon, company says
@JonNYC/ X

(NEW YORK) — A United Airlines flight diverted to Salt Lake City last week after an object struck the plane’s windshield at 36,000 feet, causing it to crack and injuring the pilot, according to the airline and officials.

Amid the mystery of what could have hit the plane’s windshield, on Monday night, WindBorne Systems, a long-duration smart weather balloon company, released a statement saying the object that hit and cracked United flight’s windshield may have been a weather balloon from the company.

The company said it is working with FAA and the NTSB on the investigation. 

“We are working closely with the FAA on this matter. We immediately rolled out changes to minimize time spent between 30,000 and 40,000 feet. These changes are already live with immediate effect. Additionally, we are further accelerating our plans to use live flight data to autonomously avoid planes, even if the planes are at a non-standard altitude. We are also actively working on new hardware designs to further reduce impact force magnitude and concentration,” WindBorne said in a statement.

The windshield is being transported to the National Transportation Safety Board’s laboratory as the investigation continues.

Data from flight tracking website Flight Radar24 shows the plane was 36,000 feet in the air when an object hit the windshield. The flight then descended to a lower altitude, following standard protocol, before making an emergency landing at Utah’s Salt Lake City International Airport.

“This is an extraordinary situation in terms of the glass being able to create any damage at all to the people in the cockpit, and what it might have hit at 36,000 feet. That’s really the great puzzle,” said ABC News aviation analyst John Nance.

Aircraft windshields are designed with multiple layers to be able to sustain damage caused by things like a bird strike, weather or even debris, but experts say it’s rare for it to be a bird strike that high in the sky.

“You’re talking about a bird at that altitude. It’s very, very rare to say the least, you’re talking about maybe a drone, a weather balloon, anything of that nature that has enough mass to be able to cause this kind of shattering,” said Nance.

United Airlines said the Boeing 737-MAX 8 with 134 passengers landed safely in Utah “to address damage to its multilayered windshield.” Officials said the pilot was treated for minor injuries.

Heather Ramsey, a college student and a passenger onboard, said she first noticed something was weird about 50 minutes into the flight, even before any announcements, when she overheard one of the flight attendants sharply raising her voice and telling the other to stop the service and get to the back of the cabin.

Shortly after, Ramsey said the pilot made an announcement of the flight diverting.

“The aircraft has collided with an object and a window in the cockpit has shattered, so we need to make an emergency landing in Salt Lake City,” Ramsey told ABC News, recalling the pilot’s message.

The images of the cracked windshield were first shared on social media by aviation account JonNYC.

The airline said passengers were accommodated on another aircraft to Los Angeles later that day and United is working with its team to return the plane to service.

Copyright © 2025, ABC Audio. All rights reserved.

Trump administration can deploy National Guard to Portland, court rules

Trump administration can deploy National Guard to Portland, court rules
<figure><img src=”https://s3.amazonaws.com/syndication.abcaudio.com/files/2025-10-20/News_PortlandTroops_102025.png” alt=””><figcaption>Federal agents clash with anti-I.C.E. protesters at the U.S. Immigration and Customs Enforcement building on Oct. 12, 2025, in Portland, Oregon. Mathieu Lewis-Rolland/Getty Images</figcaption></figure><p>(WASHINGTON) — An appeals court on Monday overturned a temporary restraining order that prevented the Trump administration from&nbsp;<a href=”https://abcnews.go.com/Politics/guard-troops-begin-training-portland-handling-civil-disturbances/story?id=126119692″><span class=”s1″>deploying the National Guard</span></a>&nbsp;to Portland, Oregon.</p><p class=”p1″>The ruling by a panel of Ninth Circuit Court of Appeals judges allows the Trump administration to deploy Oregon National Guard troops in the state.</p><p class=”p1″>A broader order that prohibits any state’s National Guard from deploying into Portland remains in effect.</p><p class=”p1″>Oregon Attorney General Dan Rayfield decried Monday’s ruling, saying the panel of Ninth Circuit judges “has chosen to not hold the president accountable.”</p><p class=”p1”>He said in a statement that his office urges the “full Ninth Circuit to vacate today’s decision before the illegal deployments can occur.”</p><p class=”p1″>”We’ll continue to fight for Oregon’s laws and values no matter what,” Rayfield added.</p><p class=”p1″>In late September, President Donald Trump issued an order federalizing 200 members of the Oregon National Guard to protect federal property, despite objections from local officials.</p><p class=”p1″>”After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority” to federalize the National Guard, Monday’s order stated.</p><p class=”p1″><em>This is a developing story. Please check back for updates.</em></p><p>Copyright © 2025, ABC Audio. All rights reserved.</p>

Appeals court considers whether Alina Habba can continue as NJ’s top prosecutor

Appeals court considers whether Alina Habba can continue as NJ’s top prosecutor
<figure><img src=”https://s3.amazonaws.com/syndication.abcaudio.com/files/2025-10-20/News_AlinaHabba_102025.png” alt=””><figcaption>Counselor to the President Donald Trump Alina Habba speak during a panel discussion at the Conservative Political Action Conference (CPAC) at the Gaylord National Resort Hotel And Convention Center, Feb. 20, 2025, in Oxon Hill, Md. Andrew Harnik/Getty Images</figcaption></figure><p>(WASHINGTON) — In a legal challenge that could have sweeping implications for President&nbsp;<a href=”https://abcnews.go.com/alerts/donald-trump”><span class=”s1″>Donald Trump’s</span></a>&nbsp;picks for top prosecutors across the country, a federal appeals court heard arguments Monday about whether Trump’s former defense attorney, Alina Habba, is unlawfully serving as the acting U.S. attorney in New Jersey.&nbsp;</p><p class=”p1″>A federal judge in August concluded that Habba was&nbsp;<a href=”https://abcnews.go.com/US/judge-rules-alina-habba-unlawfully-serving-us-attorney/story?id=124859241″><span class=”s1″>serving without legal authority</span></a>&nbsp;after she ended her 120-day term as interim U.S. attorney without being confirmed by the Senate or securing the support of the federal bench in New Jersey.&nbsp;</p><p class=”p1″>Through what a federal judge later described as a “novel series of legal and personnel moves,” the Trump administration kept Habba, Trump’s&nbsp;<a href=”https://abcnews.go.com/US/absent-court-donald-trump-finds-voice-defense-attorney/story?id=104893771″><span class=”s1″>former personal attorney</span></a>, in the position by formally withdrawing her nomination then placing her in a role that allowed her to serve as the acting U.S. attorney.&nbsp;</p><p class=”p1″>After a defendant being prosecuted by Habba&nbsp;<a href=”https://abcnews.go.com/US/criminal-trial-put-hold-after-defendant-challenges-alina/story?id=124148581″><span class=”s1″>challenged her authorit</span></a>y, U.S. District Judge Matthew Braun disqualified her from serving as New Jersey’s top prosecutor. After the Trump administration appealed that ruling, the case was heard Monday by a three-judge panel on the Philadelphia-based 3rd U.S. Circuit Court of Appeals.&nbsp;</p><p class=”p1″>”Would you concede that there are serious constitutional implications to your theory, or the Government’s theory,&nbsp;which really is a complete circumvention it seems of the Appointments Clause?” asked Judge D. Brooks Smith, an appointee of Presidents Ronald Reagan and George W. Bush.&nbsp;</p><p class=”p1″>”I do disagree with that, Judge Smith. The office of the United States attorney is an inferior office” not requiring Senate confirmation, a DOJ lawyer responded.&nbsp;</p><p class=”p1″>”There’s no question that Ms. Habba was appointed by the attorney general, so any Appointments Clause problem has been fully satisfied by the fact that she has an AG appointment,” the DOJ attorney said.&nbsp;</p><p class=”p1″>When an attorney tried to suggest that Habba was being targeted personally, Judge Smith fired back.&nbsp;</p><p class=”p1″>”Nothing about this involves, in my view, Ms. Habba personally,” Smith said. “This is about the statutes. This is about the separation of powers. This is about an important position within the firmament of government. This is about process, which is what the system that we operate under every day is all about.”&nbsp;</p><p class=”p1″>The three-judge panel — composed of two judges put on the bench by Bush and one by Biden — is expected to issue a ruling in the coming weeks.&nbsp;&nbsp;With similar legal challenges playing out across the country for other U.S. attorneys who failed to secure confirmations — including the top prosecutors in Nevada and the Northern New York — the decision could have sweeping implications for the Justice Department.&nbsp;</p><p class=”p1″>Following the arguments, Habba posted on social media to criticize the legal challenge as well as Senate Democrats for failing to consider her nomination.</p><p class=”p1″>”When millions of Americans voted for a change in leadership in November, they voted for a new direction.&nbsp;That choice should not be undermined by political obstruction in Congress or by criminal defendants,” she wrote.&nbsp;</p><p>Copyright © 2025, ABC Audio. All rights reserved.</p>

Lawyers for Comey ask judge to dismiss charges based on prosecutors’ ‘flagrant misconduct’

Lawyers for Comey ask judge to dismiss charges based on prosecutors’ ‘flagrant misconduct’
<figure><img src=”https://s3.amazonaws.com/syndication.abcaudio.com/files/2025-10-20/Getty_JamesComey_102025.jpg” alt=””><figcaption>James Comey, former FBI Director, speaks at the Barnes &amp; Noble Upper West Side on May 19, 2025 in New York City. . (Photo by Michael M. Santiago/Getty Images)</figcaption></figure><p>(NEW YORK) — Last month’s&nbsp;<a href=”https://abcnews.go.com/US/former-fbi-director-james-comey-indicted-days-after/story?id=125935658″><span class=”s1″>indictment of James Comey</span></a>&nbsp;on charges of making false statements to Congress was the result of a yearslong relentless pressure campaign by President Donald Trump that shattered Justice Department norms and violated multiple laws and the former FBI director’s free speech rights, Comey’s attorneys argued Monday in a sweeping 51-page filing seeking dismissal of his case.&nbsp;</p><p class=”p1″>Comey&nbsp;<a href=”https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fabcnews.go.com%2FPolitics%2Fformer-fbi-director-james-comey-make-1st-court%2Fstory%3Fid%3D126322951&amp;data=05%7C02%7CMarc.E.Nathanson%40abc.com%7Ca1d8d44c0a58460636c808de0fe69897%7C56b731a8a2ac4c32bf6b616810e913c6%7C1%7C0%7C638965680240868315%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&amp;sdata=wMrj8EVKmcpjiCGKsLmZwSOT%2BL4WzXP%2BKhuwFiaCh9k%3D&amp;reserved=0″><span class=”s1″>pleaded not guilty</span></a>&nbsp;earlier this month to one count of false statements and one count of obstruction of a congressional proceeding related to his testimony before the Senate Judiciary Committee in 2020, amid what critics call Trump’s&nbsp;<a href=”https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fabcnews.go.com%2FUS%2Flist-individuals-including-lisa-cook-targeted-trump-administration%2Fstory%3Fid%3D124968309&amp;data=05%7C02%7CMarc.E.Nathanson%40abc.com%7Ca1d8d44c0a58460636c808de0fe69897%7C56b731a8a2ac4c32bf6b616810e913c6%7C1%7C0%7C638965680240889586%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&amp;sdata=OzB3KgLWzwY2Y1PNWuUxbLgkAkvMv2r8y%2BY1Tc%2BZNEY%3D&amp;reserved=0″><span class=”s1″>campaign of retribution</span></a>&nbsp;against his perceived political foes. Vice President JD Vance has said any such prosecutions are “driven by law and not by politics.”&nbsp;</p><p class=”p1″>Trump’s direct calls for his attorney general to&nbsp;<a href=”https://abcnews.go.com/Politics/trump-allowed-involved-comey-case-indictment-doj/story?id=125935132″><span class=”s1”>act “NOW!!!”</span></a>&nbsp;to prosecute Comey and other political enemies in a social media post last month was accompanied in the filing by an extensive detailing of statements dating back to 2017 in which Trump publicly called for Comey to be charged.&nbsp;</p><p class=”p1″>The&nbsp;<a href=”https://abcnews.go.com/Politics/trump-nominate-former-attorney-lead-key-prosecutors-office/story?id=125775601″><span class=”s1”>subsequent installation</span></a>&nbsp;of White House aide and insurance lawyer Lindsey Halligan to bring the prosecution over the objections of career prosecutors “establishes an invidious and badfaith motivation” to the charges, Comey’s attorneys argued in the filing.&nbsp;&nbsp;</p><p class=”p1″>”President Trump ordered the Department of Justice (DOJ) to prosecute Mr. Comey because of personal spite and because Mr. Comey has frequently criticized the President for his conduct in office,” the filing argued. “When no career prosecutor would carry out those orders, the President publicly forced the interim U.S. Attorney to resign and directed the Attorney General to effectuate ‘justice’ against Mr. Comey.&nbsp;&nbsp;He then installed a White House aide with no prosecutorial experience as interim U.S. Attorney.&nbsp;&nbsp;The President’s new hand-picked interim U.S. Attorney indicted Mr. Comey just days later — and days before the relevant statute of limitations was set to expire.”&nbsp;</p><p class=”p1”>Comey’s attorneys asked U.S. District Judge Michael Nachmanoff to dismiss the case “with prejudice,” which would bar the government from seeking to charge Comey again over his 2020 testimony to Congress — in order to set an example for other politically-motivated prosecutions sought by the Justice Department as well as preventing Comey from facing “a potential perpetual state of being vindictively prosecuted.”&nbsp;</p><p class=”p1″><strong>”</strong>Objective evidence establishes that President Trump directed the prosecution of Mr. Comey in retaliation for Mr. Comey’s public criticisms and to punish Mr. Comey because of personal spite,” Comey’s attorneys said. “Such a vindictive prosecution serves no legitimate government interest and contradicts fundamental constitutional values.”</p><p class=”p1″>”Bedrock principles of due process and equal protection have long ensured that government officials may not use courts to punish and imprison their perceived personal and political enemies.&nbsp;&nbsp;But that is exactly what happened here,” said one of two motions filed by Comey’s attorneys Monday. “President Trump ordered the Department of Justice (DOJ) to prosecute Mr. Comey because of personal spite and because Mr. Comey has frequently criticized the President for his conduct in office.”&nbsp;&nbsp;</p><p class=”p1″>Comey’s lawyers filed two separate motions to dismiss — one arguing the case against Comey was vindictive and another calling into question the legal authority of Halligan, the acting U.S. attorney who brought the charges.</p><p class=”p1″>The filing repeatedly cites a&nbsp;<a href=”https://abcnews.go.com/US/prosecutors-memo-new-us-attorney-recommended-plans-charge/story?id=125925246″><span class=”s1″>series of stories</span></a>&nbsp;from ABC News that detailed the turmoil in the U.S. Attorney’s Office for the Eastern District of Virginia in the days leading up to Comey’s indictment, including Trump’s move to oust U.S. Attorney Erik Siebert over his objections to bringing cases against the president’s enemies that career prosecutors had determined had no merit.</p><p class=”p1″>Also on Monday, Comey’s legal team responded to a court filing from federal prosecutors that suggested they may move to have Comey’s lead attorney Patrick Fitzgerald disqualified from the case, accusing the government’s attorneys of seeking to defame Fitzgerald by implying he engaged in criminal activity.&nbsp;</p><p class=”p1”>In a court filing late Sunday night, prosecutors told Judge Michael Nachmanoff that Fitzgerald’s alleged involvement in providing information to the media for Comey after Comey was fired by President Donald Trump in 2017 could “inform a potential conflict and disqualification issue.”&nbsp;</p><p class=”p1”>In their filing late Sunday, prosecutors accused Comey of using Fitzgerald as an intermediary in 2017 to “improperly disclose classified information” related to memos Comey shared recounting several of his interactions with President Trump.&nbsp;</p><p class=”p1″>An investigation by the DOJ’s inspector general, however, found “no evidence that Comey or his attorneys released any of the classified information contained in any of the Memos to the media,” according to a report issued by IG Michael Horowitz.&nbsp;&nbsp;</p><p class=”p1″>”There is no good faith basis for attributing criminal conduct to either Mr. Comey or his lead defense counsel,” Comey’s attorneys said Monday in their response. “Similarly, there is no good faith basis to claim a ‘conflict’ between Mr. Comey and his counsel, much less a basis to move to disqualify lead defense counsel.”</p><p class=”p1”>In their filing Monday, Comey’s attorneys further raised concerns about the government’s review of evidence that could be considered privileged communications between Comey and his lawyers, writing that it “appears … unlawful.”&nbsp;</p><p class=”p1”>They have asked Judge Nachmanoff to deny a request by the DOJ to expedite a review of the evidence to determine which materials could be covered by privilege, writing that it’s important to give them ample time to respond to the motion “to avoid trampling on Mr. Comey’s legal privileges and to ensure that the government does not proceed with an unlawful review.”</p><p class=”p1″>Halligan was appointed by Trump as the U.S. attorney for the Eastern District of Virginia just four days before she went to a grand jury and sought Comey’s indictment over what sources say were the&nbsp;<a href=”https://abcnews.go.com/US/prosecutors-memo-new-us-attorney-recommended-plans-charge/story?id=125925246″><span class=”s1″>objections of career prosecutors</span></a>.</p><p class=”p1″>The grand jury ultimately voted to indict Comey on two of three charges sought by Halligan related to Comey’s 2020 congressional testimony regarding the FBI’s&nbsp;<a href=”https://abcnews.go.com/Politics/russia-probe-timeline-moscow-mueller/story?id=57427441″><span class=”s1″>Russia probe</span></a>&nbsp;and whether Comey authorized leaks of anonymous information to the media.&nbsp;Comey has denied all charges.</p><p class=”p1”>While legal experts argue there’s an extraordinarily high bar for tossing a prosecution based on the argument of malicious prosecution, Comey’s case should be a unique test of the legal standard, given Trump’s ousting of the office’s senior prosecutor who resisted bringing charges and his public call on social media for Attorney General Pam Bondi to act “now” to prosecute Comey and other political enemies.</p><p>Copyright © 2025, ABC Audio. 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