Tennessee lawmakers at center of expulsion vote label it ‘huge threat to democracy’

April 10, 2023 by WDNY Radio

(NEW YORK) — The three Tennessee lawmakers at the center of a controversial and unprecedented expulsion vote last week said Monday that their fight continues — to reduce gun violence and to see the two of them who were ousted back in their seats.

Four days ago, Justin Jones and Justin J. Pearson were expelled from the state House of Representatives by the Republican super-majority after participating in a raucous, unrecognized gun violence protest on the Legislature floor.

The pair and Rep. Gloria Johnson, who also faced expulsion but survived by one vote, sat down for a group interview with ABC News on Monday.

Johnson called the ousting of Jones and Pearson a “huge threat to democracy.”

“We are silencing dissenting voices. We aren’t listening to the people. The whole point of democracy is a people rule,” Johnson said in the interview.

Jones and Pearson, both Black, and Johnson, who is white, all feel that race was a factor.

“I want to commend sister Gloria as a 60-year-old white woman for standing with us,” Jones said. “And then even after having her expulsion canceled, still standing for the truth and saying it’s about race.”

For more from the three lawmakers’ interview about the expulsion and what’s next, watch ABC News Live Prime and ABC’s “Nightline.”

The state House speaker, Cameron Sexton, has challenged that view. “That’s a false narrative on her part,” he said on “Fox & Friends” on Friday, of Johnson. “It’s unfortunate. She’s trying to put political racism in this, which there was nothing on this.”

Leading Tennessee Republicans have defended the expulsions — the first such partisan removals in the state in modern history — as necessary to restore order.

“It’s not possible for us to move forward with the way they were behaving in committee and on the House floor,” state Rep. Jeremy Faison, the chair of the state House Republican Caucus, previously told CNN. “There’s got to be some peace.”

Faison also said that the expulsion proceedings included “due process.” All three members were able to speak in the chamber to defend themselves before the votes.

On Monday, however, Johnson pushed back. “They tried to put on a show that day because they knew the world was watching. … They allowed us to speak more that day than they have in the last three to four years, I would say,” she said.

Jones and Pearson concurred, emphasizing that their goal is to help their concerned constituents.

“This is going to set the tone for the years ahead if it’s not addressed,” Jones said. “And we went to that well [on the floor], calling for them to ban assault weapons. They responded by assaulting democracy.”

Three days after the Nashville school shooting that killed three children and three adults, hundreds reportedly protested for gun control at the state House.

During the March 30 protest, Jones and Pearson used a bullhorn, leading chants on the House floor, which caused a disruption in legislative business. (Johnson, who wasn’t expelled, was not seen using the bullhorn.)

“We had no idea that what we were doing would break a rule that could lead to our possible expulsion or our actual expulsions,” Pearson told ABC News. “This was a tragedy that happened at the Covenant School in Nashville. But instead of addressing the tragedy, the Republican super-majority in Tennessee decided that using our First Amendment right to listen to the thousands of protesters deserved expulsion.”

Jones said that they were “silenced” during the March 30 demonstration and their microphones were cut off, prompting him to bring a bullhorn to speak.

An educator for 27 years before she became a representative, Johnson told ABC News she was present during a school shooting while working as a teacher. She said that she has for years been pushing for more gun regulations but “they get killed in subcommittee immediately on a party-line vote.”

In response to gun violence, state Republicans have touted their efforts at “hardening” school security and increasing mental health resources.

Jones previously told ABC News that the removals were a “lynching of democracy.”

While the expelled lawmakers have said they were disciplined beforehand, losing their committee assignments and ID badge access among other things, Jones believes the situation escalated when Sexton compared the post-Covenant gun control protests to the Jan. 6 insurrection.

“What that did is you created this false narrative of violence when our protest was doing the opposite. We were calling for the end of gun violence so that our children can live,” Jones said.

Sexton did not immediately respond to ABC News’ request for comment. On “Fox & Friends” on Friday, he defended the expulsion votes.

“In my house on the floor, since I’m speaker, we have rules, we have decorum, we have a process, we have procedures,” he said.

Although Jones acknowledged that there may have been a rule broken on the House floor, he argued on Monday that he was exercising his duty as a representative: “We were obedient to … the oath we took to our constituents: Article Two, Section 27, of the Tennessee Constitution says that any member of the House or Senate has a right to dissent from and protest against any action or legislation that is injurious to the people.”

Nashville Vice Mayor Jim Shulman told ABC News that his community has been demanding Jones and Pearson be back in the House.

“We’re getting hundreds of emails and lots of phone calls. People want us to send them right back up,” Shulman said. “This is how our democracy works — proper representation. I think there’s an understanding that we need to move promptly and quickly.”

On Monday night, the Nashville Metro Council voted unanimously to reinstate Jones in an interim role until a special election is held.

Separately, a special meeting will be held on Wednesday by the Shelby County Commission to discuss next steps for Pearson.

“I believe they failed to recognize that they didn’t send us to these positions,” Pearson told ABC News on Monday. “It’s the people in our communities who did.”

ABC News’ Faith Abubey, Kiara Alfonseca, Ella McCarthy, Ivan Pereira and Amanda Su contributed to this report.

US determines Wall Street Journal reporter jailed in Russia ‘wrongfully detained’

April 10, 2023 by WDNY Radio

(WASHINGTON) — Secretary of State Antony Blinken has officially determined that Wall Street Journal reporter Evan Gershkovich is being “wrongfully detained” by Russia, a designation that will allow the U.S. government to more aggressively advocate for his freedom.

“Journalism is not a crime. We condemn the Kremlin’s continued repression of independent voices in Russia, and its ongoing war against the truth,” the State Department said in a statement announcing the development on Monday. “The U.S. government will provide all appropriate support to Mr. Gershkovich and his family. We call for the Russian Federation to immediately release Mr. Gershkovich.”

Gershkovich, a 31-year-old American citizen who has worked in Moscow for more than half a decade, was arrested late last month on espionage charges. He has pleaded not guilty, and both the Wall Street Journal and the U.S. government have repeatedly declared the allegations are baseless.

Blinken has already held a rare call with his Russian counterpart Sergey Lavrov to advocate for Gershkovich’s release. The secretary said last week that he had “no doubt” that the reporter was being unjustly held by Russia, but that the department was still working through the bureaucratic process required to classify the case a wrongful detention — an undertaking that can take months or even years to complete.

Officials say the speed at which the department moved to classify Gershkovich as wrongfully detained is unprecedented.

Gershkovich’s case will now be transferred to the Office of the Special Presidential Envoy for Hostage Affairs — a section within the State Department often referred to as the U.S. government’s top hostage negotiator. The designation also frees up additional government resources and grants the department additional authorities to push for his freedom.

But so far, American diplomats stationed in Russia have been unable to even see Gershkovich behind bars, a standard practice that allows foreign governments to communicate with nationals jailed abroad.

During a press briefing on Monday, the State Department said Moscow was violating international law and agreements between the U.S. and Russia by continuing to block officials from seeing Gershkovich.

“We have stressed the need for the Russian government to provide this access as soon as possible,” Vedant Patel, a spokesperson for the department, said during a press briefing.”

Gershkovich is now the second American considered to be wrongfully detained by Russia. Paul Whelan, an American citizen who Moscow also accused of espionage, has been imprisoned since 2018.

Donald Trump returning to New York for deposition in $250M civil lawsuit: Sources

April 10, 2023 by WDNY Radio

(NEW YORK) — Former President Donald Trump is scheduled to return to New York City Thursday to sit for a second deposition as part of New York Attorney General Letitia James’ $250 million civil fraud lawsuit, sources familiar with the matter told ABC News.

Trump previously sat for an hourslong deposition in August, prior to James filing her lawsuit that accused Trump, his eldest children and his company of fraudulently inflating the value of the Trump real estate portfolio and his net worth.

The attorney general’s office has the right to depose relevant parties after the filing of the lawsuit as part of the discovery process.

Trump is expected to sit for this new deposition Thursday at the attorney general’s downtown office.

The former president did not answer many questions in the first deposition other than affirming he understood the ground rules and the procedures.

When Kevin Wallace, the attorney general’s senior counsel, asked what Trump did to prepare for the deposition he answered: “very little.”

When asked questions about his finances, Trump repeatedly invoked the Fifth Amendment and continued to do so for the next several hours.

The suit claims that Trump’s Florida estate and golf resort, Mar-a-Lago, was valued as high as $739 million, but should have been valued at $75 million. Trump is also alleged to have overvalued assets such as his Trump Tower apartment; Trump Turnberry, his golf course in Scotland; and 40 Wall Street.

Ivanka Trump and Donald Trump Jr., the president’s eldest children, also previously sat for depositions in the case.

Trump had initially countersued James for filing the lawsuit against him. But Trump withdrew the lawsuit in January after U.S. District Judge Donald Middlebrooks warned Trump’s legal team that the lawsuit appeared to verge on frivolous.

Justin Jones vote: Nashville Metro Council votes to reinstate expelled lawmaker

April 10, 2023 by WDNY Radio

(NASHVILLE, Tenn.) — Nashville’s Metro Council voted unanimously to reinstate Justin Jones, the Tennessee House representative who was ousted last week for taking part in a gun control rally.

Jones will serve as an interim legislator until a special election is called.

Nashville Vice Mayor Jim Shulman, the council’s president, told ABC News that members quickly scheduled the meeting following Thursday’s vote by the Republican-led statehouse to expel Jones and Justin Pearson for allegedly violating the chamber’s rules of decorum by participating in the March 30 protest.

State Rep. Gloria Johnson, who also took part in the protest that was prompted by the March 27 mass shooting at The Covenant School, was subjected to an expulsion vote but not enough members supported it.

The meeting was packed with Jones’ supporters who made their voices heard, as Council members weighed their decision on the future of Jones’ seat. They let out a huge cheer after the vote came through after nearly 12 minutes.

Jones, 27, ran for office last year for the open house seat in Tennessee’s 52nd district, which includes Nashville. He had no opponents in the general election.

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

How Texas ruling banning mifepristone could impact abortion care

April 10, 2023 by WDNY Radio

(WASHINGTON) — Last week’s decision from a federal judge in Texas has thrown access to a common abortion pill into limbo.

In the ruling, Judge Matthew Kacsmaryk of the Northern District of Texas reversed the U.S. Food and Drug Administration’s approval of mifepristone, potentially blocking access to the abortion medication across the country.

Kacsmaryk stayed his own order for seven days to give the federal government time to file an appeal, which it has already done.

However, immediately after that decision, U.S. District Judge Thomas Rice in Washington state issued a ruling barring the FDA from pulling mifepristone off the market.

For the time being, the medication is available, but the conflicting decisions mean a battle is almost certainly heading to the Supreme Court — and are confusing for patients who may need access to the pills.

‘Understanding what it means, how soon that might go into effect, all of these things are sort of unclear for a lot of a lot of people,” Dr. Sadia Haider, an OBGYN at Rush University Medical Center in Chicago, told ABC News. “And I do think it’s confusing, and it’s concerning, both from a provider and patient standpoint.”

Mifepristone is a drug typically used in combination with another drug, misoprostol, to induce an abortion or to help manage an early miscarriage.

The medication works by blocking progesterone, a hormone that the body needs to continue a pregnancy.

This causes the uterine lining to stop thickening and to break down, detaching the embryo. The second drug, misoprostol, taken 24 to 48 hours later, causes the uterus to contract and dilates the cervix, which will expel the embryo.

The FDA authorized mifepristone for medication abortion in September 2000 for up to seven weeks’ gestation, which was then extended to 10 weeks’ gestation in 2016.

However, the World Health Organization says the two drug-regiment can be taken up until the 12-week mark of pregnancy.

Medication abortion now accounts for more than half of all abortions in the U.S., according to the Guttmacher Institute.

In December 2021, the FDA announced it permanently lifted its restriction that abortion pills had to be dispensed in-person. In January, it went further by allowing retail pharmacies to provide the drug too, either by mail or in person, so long as they meet certain requirements.

“It’s a very safe medication and it’s highly effective in optimizing treatment of medical abortion, but also miscarriage management as well as helping improve outcomes with induction of labor for fetal demise,” Haider said. “All of these usages have been studied extensively from a safety standpoint, efficacy standpoint, patient acceptability standpoint, patient experience standpoint, et cetera.”

However, Alliance Defending Freedom, a Christian conservative legal advocacy group — the plaintiff that the Texas judge ruled in favor of — claims mifepristone is not safe and that the FDA didn’t study it closely enough before it was approved.

Haider said she and her colleagues will continue to prescribe mifepristone over the next week for medical abortion and miscarriage care and encourages patients who are planning to receive the drugs to get them.

At the end of the week, they will analyze to see if they can keep using the drugs or not.

Misoprostol would still be available for both abortions and miscarriages on its own, but as an off-label use.

Data from around the world shows misoprostol is safe and effective — and that they’re ready to provide misoprostol-only abortions — but that the two-dose regimen is more effective and has fewer side effects.

When given alone to induce an abortion, patients need to take three to four doses of misoprostol about three hours apart.

“We can provide this, we will provide it if needed, we will just have to do a lot of a lot more counseling and support for the patients to go through it in this way, and just really prepare them for the scenarios where the side effects might experience that higher side effects,” Haider said. ‘In my career — I’ve been practicing for over 20 years — and never had to go to this route of medication abortion, so it’s going to be a new experience for our patients and providers.”

It’s unclear how the ruling will affect clinicians and companies that are currently able to send abortion pills through the mail.

If mifepristone does end up being restricted, Haider said clinical care teams, platforms and groups that currently mail mifepristone will likely not continue to do so, therefore patients need to be careful that they’re not being duped by receiving bogus pills.

‘Using a trusted resource would be really important,” she said. “I think patients just asking questions of whoever they are utilizing for these medications. It’s just being aware of where they’re getting it.”

Louisville shooting live updates: Four killed; suspect had rifle, was livestreaming

April 10, 2023 by WDNY Radio

(LOUISVILLE, Ky.) — Four victims were killed and eight others were injured following a mass shooting at a bank in Louisville, Kentucky, on Monday morning, according to police.

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

Apr 10, 3:50 PM EDT
Suspect worked at the bank, was armed with rifle

The suspected shooter, 23-year-old Connor Sturgeon, was armed with a rifle when he allegedly carried out a mass shooting at the Old National Bank, where he worked, according to police.

The suspect was livestreaming, police said, though officials did not elaborate.

Authorities said the suspect was killed by police.

Nine people were hospitalized, including three currently in critical condition, said Dr. Jason Smith, chief medical officer at University of Louisville Health. Three victims are in the hospital with non-life-threatening injuries and the three others have been released, Smith said.

Among the nine injured is 26-year-old police officer Nickolas Wilt, who was shot in the head, according to police. He underwent brain surgery and is in critical but stable condition, police said.

Wilt just graduated from the police academy on March 31.

The four slain victims were identified by police as Joshua Barrick, 40; Thomas Elliott, 63; Juliana Farmer, 45; and James Tutt, 64.

Louisville Mayor Craig Greenberg said Elliott was “a very good friend of mine” and of Kentucky Gov. Andy Beshear.

“This was an evil act of targeted violence,” the mayor said.

“Today, I’m hurt and I’m hurting, and I know so many people out there are, as well,” Beshear said. “We lost four children of God today, one whom is one of my closest friends. Tommy Elliott helped me build my law career, helped me become governor, gave me advice on being a good dad. … He was an incredible friend.”

The governor said of all four victims, “These are irreplaceable, amazing individuals.”

Apr 10, 2:56 PM EDT
Biden: ‘When will Republicans in Congress act?’

President Joe Biden tweeted Monday, “Once again, our nation mourns after a senseless act of gun violence.”

“Jill and I pray for the lives lost and impacted by today’s shooting. Too many Americans are paying for the price of inaction with their lives,” he wrote. “When will Republicans in Congress act to protect our communities?”

White House press secretary Karine Jean-Pierre said at Monday’s briefing, “Once again, today the president has called on Republicans in Congress to work together with Democrats to take action to ban assault weapons and high-capacity magazines, to require safe storage of firearms, to require background checks for all gun sales, to eliminate gun manufacturers’ immunity from liability.”

“These are common sense actions we can ask for and should be getting right now,” she said.

“We need to act and we need Republicans to show some courage,” she said.

Apr 10, 1:02 PM EDT
2 officers among the injured, 1 in critical condition

Two officers and seven civilians were injured in the Louisville shooting, according to the University of Louisville Hospital.

One of those officers is in critical condition, according to police.

At least three patients have already been discharged, according to the hospital.

Apr 10, 11:27 AM EDT
McConnell ‘devastated’ by news of Louisville shooting

Republican leader and Kentucky Sen. Mitch McConnell, who lives in Louisville, tweeted that he’s “devastated” by the news of Monday morning’s mass shooting.

“We send our prayers to the victims, their families, and the city of Louisville as we await more information,” McConnell tweeted.

His fellow Kentucky senator, Rand Paul, tweeted, “Our hearts break for the families of those lost.”

Apr 10, 11:21 AM EDT
Officers exchanged gunfire with suspect who died at scene

Officers arrived within three minutes of being dispatched and found the suspect still firing, Louisville police said.

Officers exchanged gunfire with the suspect who died at the scene, police said. It’s not yet clear if the suspect’s wounds were self-inflicted, police said.

Four victims were killed and eight people are injured, police said.

At least two officers were shot during the exchange of gunfire, police said, including one who is undergoing surgery.

It appears the suspect was a previous or current employee, police said.

“This is awful. I have a very close friend that didn’t make it today. And I have another close friend who didn’t, either, and one who is at the hospital that I hope is gonna make it through,” Kentucky Gov. Andy Beshear said at a news conference.

Apr 10, 10:53 AM EDT
At least 15 mass shootings so far this month

There have been at least 15 mass shootings in the U.S. in the first 10 days of April, including Monday morning’s shooting in Louisville, according to the Gun Violence Archive.

So far this year, the nation has seen at least 146 mass shootings.

The Gun Violence Archive defines a mass shooting as at least four people shot, not including the suspect.

“It feels like every day in this country we are totally consumed by yet another mass shooting. Nowhere else in the developed world do people wake up to this preventable horror every single morning,” Kris Brown, president of the Brady Center to Prevent Gun Violence, said in a statement Monday. “Whether it’s a bank, a school, a supermarket, or a church, Americans no longer feel safe in their communities. And Americans are increasingly tired of living in fear of being a victim of a mass shooting.”

“It does not have to be this way,” Brown said. “But until the gun industry no longer has a vice grip on our elected officials, this will continue to be our daily reality.”

Apr 10, 10:32 AM EDT
Shooting unfolded in bank conference room

The gunman opened fire in the bank’s first-floor conference room at about 8:30 a.m. local time, according to officials.

Eyewitnesses said the shooter appeared to have been armed with a long gun.

“He just started shooting,” Troy Haste told ABC Louisville affiliate WHAS-TV. “Whoever was next to me got shot. Blood is on me from it.”

Police said the suspect is dead.

A responding police officer was shot in the head, sources told ABC News. The officer’s condition is unknown.

According to preliminary information, this shooting is not believed to have been terror-related, sources told ABC News.

Apr 10, 10:19 AM EDT
Suspected shooter neutralized

Louisville police tweeted that the “suspected shooter has been neutralized,” adding, “There is no longer an active aggressor threat.”

There is no longer an active aggressor threat. The suspected shooter has been neutralized.

— LMPD (@LMPD) April 10, 2023

Apr 10, 10:05 AM EDT
Residents urged to avoid area

Louisville Mayor Craig Greenberg tweeted that residents should avoid the area around Slugger Field until further notice.

There is an active police situation downtown. Please avoid the area around Slugger Field until further notice. We will provide information as soon as possible.

— Mayor Craig Greenberg (@LouisvilleMayor) April 10, 2023

Kentucky Gov. Andy Beshear said he is heading to the scene.

“Please pray for all of the families impacted and for the city of Louisville,” he tweeted.

FBI and ATF agents are assisting with the incident.

Massachusetts to stockpile abortion pill as legal dispute escalates

April 10, 2023 by WDNY Radio

Erin Clark/The Boston Globe via Getty Images, FILE

(BOSTON) — Massachusetts Gov. Maura Healey on Monday announced her state has begun stockpiling the abortion drug mifepristone ahead of a court-ordered injunction that could pull the drug from the market as early as Friday.

It’s a dramatic escalation in the fight over abortion rights that’s pitted red states versus blue, and emboldened Democrats to look for novel ways to defy the potential nationwide injunction slated to go into effect at the end of the week.

Under the governor’s plan, Healy said the University of Massachusetts Amherst has already purchased 15,000 doses — more than a year’s worth of mifepristone for the state. Another $1 million from state coffers would be offered to health care providers in the state to buy the drug before a nationwide injunction takes hold.

The governor also said she will sign an executive order noting that existing state law protect pharmacists and providers from criminal and civil legal liability if they continue to stock and dispense the drug.

“Here in Massachusetts, we are not going to let one extremist judge in Texas turn back the clock on this proven medication and restrict access to care in our state,” Healey said in a statement released Monday. “The action we are taking today protects access to mifepristone in Massachusetts and protects patients, providers and pharmacists from liability.”

Later, she said, “It harms patients, undermines medical expertise and takes away freedom. It’s an attempt to punish, to shame, to marginalize women. It’s unnecessary. It’s terrible.”

The announcement follows Washington Democratic Gov. Jay Inslee’s decision last week to purchase a three-year supply of the drug for that state.

The bulk buys follow a ruling last Friday from a Trump-appointed federal judge in Texas that would suspend the FDA’s approval of mifepristone, the only drug specifically approved to end early pregnancies up to 10 weeks. The judge gave the Biden administration until this coming Friday to appeal with ruling, which it gave notice it would do late this past Friday.

The Biden administration is expected to ask the 5th Circuit Court of Appeals on Monday to put a hold on the judge’s nationwide injunction while the case is being considered by the upper court. It’s also expected that the case will eventually go to the Supreme Court.

More Democratic governors stockpile abortion drugs as legal dispute escalates

April 10, 2023 by WDNY Radio

(BOSTON) — Democratic governors from at least three states — Massachusetts, California and Washington — have announced they’ve begun stockpiling abortion medications, ahead of a court-ordered injunction that could pull the drug from the market as early as Friday.

The court ruling “harms patients, undermines medical expertise, and takes away freedom. It’s an attempt to punish to shame to marginalize women. It’s unnecessary. It’s terrible,” said Gov. Maura Healy of Massachusetts.

Healy announced on Monday that under her direction the University of Massachusetts Amherst has already purchased 15,000 doses — more than a year’s worth of mifepristone for the state. Another $1 million from state coffers would be offered to health care providers in the state to buy the drug before a nationwide injunction takes hold.

The governor also said she would sign an executive order noting that existing state law protect pharmacists and providers from criminal and civil legal liability if they continue to stock and dispense the drug.

“Here in Massachusetts, we are not going to let one extremist judge in Texas turn back the clock on this proven medication and restrict access to care in our state,” Healey said in a statement. “The action we are taking today protects access to mifepristone in Massachusetts and protects patients, providers and pharmacists from liability.”

Also on Monday, California Gov. Gavin Newsom announced that his state will purchase an emergency stockpile of up to 2 million pills of misoprostol – a drug not approved for abortion but commonly used around the world as an alternative to terminate early pregnancies.

Misoprostol is considered slightly less effective when taken without mifepristone. It also comes with more painful side effects because it needs to be taken in larger doses to end a pregnancy.

When asked why the California governor didn’t buy mifepristone instead, spokesperson Brandon Richards said the state would continue to “fight this battle on multiple fronts.”

“California is purchasing and securing misoprostol to ensure people across California and the country know medication abortion will remain accessible and affordable regardless of what happens in the courts,” he said.

The announcements from Massachusetts and California follow Washington Democratic Gov. Jay Inslee’s decision last week to purchase a three-year supply of the drug for that state.

The bulk buys comes after a Trump-appointed federal judge in Texas ruled to suspend he FDA’s approval of mifepristone, the only drug specifically approved to end early pregnancies up to 10 weeks. The judge gave the Biden administration until this coming Friday to appeal with ruling.

Since then, the Biden administration has appealed the case and asked the 5th Circuit Court of Appeals on Monday to put a hold on the judge’s nationwide injunction while the case is being considered by the upper court. It’s expected that the case will eventually go to the U.S. Supreme Court.

If the 5th Circuit does not agree to freeze the judge’s ruling as the Biden administration has asked, production and manufacturing of the abortion drug mifepristone would stop as early as Friday. Abortion clinics were expected to continue to offer the drug to patients until their supply runs out.

ABC News’ Teresa Mettela contributed to this report.

Texas Gov. Greg Abbott seeks pardon for man convicted in murder of Black Lives Matter protester

April 10, 2023 by WDNY Radio

(AUSTIN, Texas) — Texas Gov. Greg Abbott said he is “working as swiftly as Texas law allows” to pardon Daniel Perry, who was convicted Friday of murder in the fatal shooting of a protester at a Black Lives Matter protest in 2020.

Perry, an active-duty U.S. Army sergeant based in Texas at Fort Hood, was working as a driver for a ride-sharing company when he drove onto a street crowded with protesters on July 25, 2020, in Austin, Texas.

Garrett Foster, 28, was pushing his fiancee in a wheelchair during the protest when police say Perry’s car was surrounded by protesters.

Foster, who was carrying an AK-47-type rifle, approached Perry’s car when he was shot several times by Perry, according to police. Open carry is legal in Texas.

Perry’s attorneys argued at trial he had no choice but to shoot Foster for his own protection, according to ABC affiliate KVUE.

Prosecutors argued that Perry could have driven away before firing.

Witnesses testified at the trial that Foster never raised his rifle at Perry, however, Perry told police that Foster did raise the rifle, according to local outlet Austin American-Statesman. Perry did not testify in trial.

Both of the men are white.

Abbott slammed both the jury’s decision to convict Perry and Travis County District Attorney José Garza for pursuing the case.

“Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive District Attorney,” Abbott said in an online statement.

He said the Texas Constitution limits his pardon authority to the cases recommended by the Board of Pardons and Paroles. He said he requested the Board of Pardons and Paroles to take up Perry’s case and determine if he should be granted a pardon.

“Additionally, I have already prioritized reining in rogue district attorneys and the Texas Legislature is working on laws to achieve that goal,” he said.

District Attorney Garza fired back, arguing, “in a state that believes in upholding the importance of the rule of law, the Governor’s statement that he will intervene in the legal proceedings surrounding the death of Garrett Foster is deeply troubling,” he said in a statement sent to ABC News.

Garza continued, “In our legal system, a jury … gets to decide whether a defendant is guilty or innocent – not the Governor.”

Foster’s father Stephen Foster told KVUE News that his family is “happy with the verdict. We’re very sorry for his family as well. There’s no winners in this. Just glad it’s over.”

Perry’s attorney Clint Broden told ABC News that their focus is on the upcoming sentencing hearing, where they plan to zero-in on Perry’s “character and his service to our country as a member of our military for the past 12 years.”

Check your fridge for these salad kits and lettuce recalled due to listeria concerns

April 10, 2023 by WDNY Radio

(NEW YORK) — Two lettuce and salad kit producers have recalled products due to potential contamination of listeria monocytogenes.

Revolution Farms expanded upon an earlier voluntary recall first announced on April 5 to include all products sold under the Revolution Farms brand.

“The recalled product has the potential to be contaminated with Listeria monocytogenes,” the company said in a recall announcement posted by the U.S. Food and Drug Administration.

The Michigan Department of Agriculture and Rural Development first received “a positive result for Listeria monocytogenes in a random sample test of a package of Revolution Farms Green Sweet Crisp 5 oz. Retail with Best By date of April 2, 2023,” the company stated.

Once the recalled product “was epidemiologically linked with a multi-state outbreak of Listeriosis” the recall was voluntarily expanded on April 6, 2023, Revolution Farms said, adding that an investigation into the matter is “ongoing.”

The affected products were sold to retailers and food service distributors in Michigan, Ohio, Indiana, Illinois, Kentucky and Wisconsin. For a full list of retailers and detailed packaging information as well as product codes, click here .

“Revolution Farms, LLC is cooperating with the U. S. Food and Drug Administration and Michigan Department of Agriculture and Rural Development on this ongoing investigation,” the company said in a statement with the recall.

All recalled products were distributed under the Revolution Farms brand name, and all Revolution Farms products and date codes are included in the recall.

Fresh Express Incorporated also announced a voluntarily recall on Friday of a “limited quantity of three varieties of already-expired branded and private label salad kit products” which it said was done “out of an abundance of caution due to a possible health risk from Listeria monocytogenes.”

According to a company recall announcement posted on the FDA website, the recalled products were distributed through retailers in Florida, Georgia, North Carolina, South Carolina and Virginia, and are no longer available for sale.

No illnesses have been reported in connection with the Fresh Express recall, as of time of publication.

The affected items include Fresh Express Caesar Chopped Kit, Fresh Express Chopped Kit Chipotle Cheddar and Publix Makoto Honey Ginger Salad Kit. Click here for full product codes and use by date information.

Consumers who may have the recalled products in their refrigerators have been urged by both companies in both recalls to discard and not consume them.

Refund and return information can be directed to the company response teams found in the recall announcements.

Symptoms, side effects of listeria monocytogenes

According to the Centers for Disease Control and Prevention , listeria can cause severe illness “when the bacteria spread beyond the gut to other parts of the body” after a person consumes contaminated food. Those at higher risk include pregnant people, those aged 65 or older, or anyone who has a weakened immune system, the CDC says.

“If you are pregnant, it can cause pregnancy loss, premature birth, or a life-threatening infection in your newborn,” the CDC states on its website. “Other people can be infected with Listeria, but they rarely become seriously ill.”

According to the CDC, anyone infected with listeria may experience “mild food poisoning symptoms” such as diarrhea or fever, and many recover without antibiotic treatment.

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