(NEW YORK) — In its first note of the day, the jury in Daniel Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter in the death of Jordan Neely, a homeless man, on the New York City subway.
“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.
Judge Maxwell Wiley gave the jury an Allen charge, which refers to the jury instructions given to a hung jury that encourages them to continue deliberating despite the deadlock. He is giving the lawyers time to consider the next steps.
Penny’s lawyer, Thomas Kenniff, unsuccessfully moved for a mistrial, arguing that the Allen Charge would be “coercive.”
Wiley disagreed, saying that it was “too early” to declare a mistrial before encouraging the jury to continue their deliberations.
Since the jury got the case on Tuesday, they have deliberated for more than 20 hours.
Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening” when Penny put Neely in a chokehold.
The city’s medical examiner concluded Penny’s chokehold killed Neely.
Penny pleaded not guilty to manslaughter and negligent homicide charges.
The verdict form asks the jury to decide the first count – second-degree manslaughter – before potentially moving to the second count of criminally negligent homicide. Only if it finds Penny not guilty on the first count, can it consider the second count of criminally negligent homicide.
The second-degree manslaughter charge only requires prosecutors to have proven Penny acted recklessly, not intentionally.
“It would be a crazy result to have a hung jury just because they can’t move on to the second count?” prosecutor Dafna Yoran said.
Yoran also told Wiley that a new trial would “ultimately [be] the case if they hang the case.”
Wiley left unanswered the question about whether the jury could move onto the second count if they are unable to reach a verdict on the first count. He said he believed the jury moving to the second count is possible but needs to find the legal authority to do so.
“I think ultimately we are going to have to answer the question of whether they can move to count two,” he said.
Twenty minutes after the judge encouraged them to continue deliberating despite their deadlock, the jury sent back another note requesting more information about the term “reasonable person” in their instructions.
“Ultimately, what a reasonable person is up to you to decide,” Wiley told the jury in response to their note, referring them to a two-part test in jury instruction.
To convict Penny of manslaughter, the jury must be convinced Penny acted recklessly and grossly deviated from how a reasonable person would behave, knowing the risk his conduct posed.
“Would a reasonable person have had the same honestly held belief as the defendant given the circumstances and what the defendant knew at that time?” Wiley asked, referring to the second part of the test.
Before the jury entered, Wiley noted how the “reasonableness” standard was established in People v. Goetz – another high-profile New York trial after Bernhard Goetz shot four teenagers on a New York subway in 1984 after they allegedly tried to rob him. A New York jury convicted Goetz for one count of carrying an unlicensed firearm but acquitted on the more severe charges, and the trial sparked a nationwide debate about race and crime that has echoed forty years later in Penny’s case.
(NEW YORK) — Raw samples nationwide will now be collected and shared with the U.S. Department of Agriculture (USDA) in order to test for bird flu, according to a new federal order issued by the agency on Friday.
The new federal order by the USDA includes three new requirements. Raw milk samples must now be shared upon request by dairy farms, bulk milk transporters or dairy processing facilities.
Herd owners with cattle that test positive for bird flu have to provide information that allows health officials to perform contact tracing and disease surveillance. Private laboratories and state veterinarians must now report positive bird flu test results to the USDA.
The decision comes after bird flu virus was found in samples of raw milk from a California farm, which issued a recall of all of its raw milk products earlier this week. The farm was also placed under quarantine by state health officials.
This is a developing story. Please check back for updates.
(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.
America will need a ‘shocking’ amount of power in the coming years, according to new report
The United States will need a “shocking” amount of power in the coming years, according to a new report from the consulting firm Grid Strategies.
“The era of flat power demand is behind us,” the report found. “Over the past two years, the five-year load growth forecast has increased by almost a factor of five.”
That means the country’s demand for electricity is estimated to increase by nearly 16% by 2029.
The report cites data centers and manufacturing as the primary drivers of the increased demand but also finds that oil and gas production and the electrification of buildings and vehicles are adding to the growth.
“There are real risks to America’s economic, technological and geopolitical leadership if the grid can’t keep up with demand,” the report warns.
America’s increased demand for electricity will significantly impact the country’s efforts to fight climate change. According to the EPA, electricity generation is responsible for 25% of greenhouse gas emissions. And while more clean energy projects are coming online each year, the U.S. Energy Information Administration says 60% of U.S. electricity still comes from burning fossil fuels.
The study’s authors say their findings could be an underestimate or overestimate due to the complexity of the electric system and the rapid growth in demand for electricity.
-ABC News Climate Unit’s Matthew Glasser
Politicians and climate activists say Trump’s victory wouldn’t stop their efforts
At a Tuesday night event, politicians and climate activists, including actress Jane Fonda, delivered a strong message to the incoming Trump administration: they will continue fighting for climate progress and Trump’s agenda will not stop them.
Sen. Ed Markey, D-Mass. told a crowd gathered at George Washington University, “It is time, after one month, for us to get up and begin to fight,” adding, “The power of this movement is undeniable, and unlike the incoming president, our record of victory is unimpeachable.”
Despite the incoming administration’s “doomsday day one agenda,” activists and advocates from the climate movement would push for change in Congress, in board rooms and in the streets, he said.
“The planet is running a fever,” Markey said. “There are no emergency rooms for planets, so we have to engage in the preventative care which is necessary to save this planet and the people on this planet, and we know we’re going to face an uphill battle with a climate denier in chief.”
Climate activist and actress Jane Fonda called on those who care about climate progress to stand together and welcome new people into the movement’s tent – even those who voted for President-elect Trump.
“Seventy-eight million Americans voted for Trump. They are not all part of the MAGA movement,” Fonda said. “Many of them did so because they’re suffering financially, they’re scared, they’re confused and they’re angry because the neo-liberal leaders of the Democratic Party have ignored them for so many decades, and so they took a chance on the burn-it-all-down option.”
Fonda, a longtime activist, became involved in the climate movement during the first Trump administration by hosting “Fire Drill Fridays” in front of the U.S. Capitol. These weekly protests often led to her arrest.
At Tuesday night’s event, Fonda wore the same bright red coat she wore during her “fire drills,” noting that it was her “blanket and pillow when I turned 82 in jail.”
“Standing here today in my red coat, I hereby declare myself part of the resistance,” Fonda said.
Fonda also encouraged listeners to focus on down-ballot races and initiatives to address climate change.
Since becoming a climate activist, Fonda has started a political action committee dedicated to electing “climate champions.” In 2024, she said the PAC endorsed 154 candidates, telling the audience at the event that her PAC’s candidates won at a ratio of two-to-one.
Local activists, like Roishetta Ozane, spoke about the importance of not forgetting the communities that are feeling the impacts of climate change firsthand, saying, “These are our real lives and we are real people.”
In her home state of Louisiana, Ozane has been advocating against the implementation and use of liquified natural gas pipelines, arguing that her area has suffered adverse health and environmental effects from local LNG production efforts.
One of the projects Ozane has advocated against, Calcasieu Pass 2, which would represent an expansion of one of the existing LNG projects in the area, was just delayed by the Federal Energy Regulatory Commission earlier this week.
-ABC News Climate Unit’s Kelly Livingston
UN plastic treaty talks fail to reach an agreement
The world uses a lot of plastic — 460 million metric tons of it are produced each year, according to the United Nations. And the International Union for Conservation of Nature says an estimated 20 million metric tons of plastic end up as trash in our environment.
So when more than 3,300 delegates from 170 countries and 440 organizations met in South Korea at the end of November to hash out an agreement to reduce the production of plastics, environmentalists hoped that something might finally get done to address the problem. It didn’t.
The fifth U.N. Intergovernmental Negotiating Committee failed to reach a binding agreement on plastic production and waste for the fifth time since the group began meeting in November 2022.
Nearly 100 countries came to an agreement that would limit plastic production and establish an accountability method ensuring all parties would meet reduction goalposts. Some oil-rich nations pushed back, however, wanting to focus on plastic pollution instead. U.N. rules require a consensus among all delegates for any plan to be binding. That didn’t happen.
“It is clear there is persisting divergence in critical areas and more time is needed for these areas to be addressed,” said Inger Andersen, executive director of the U.N. Environment Program.
Most plastic is not recycled. Instead, it ends up in landfills and pollutes marine bodies like oceans and rivers worldwide. According to an OECD report from 2022, only 9% of plastics worldwide get recycled, and since 1970, 139 metric tons have ended up in our oceans, rivers and lakes. A 2021 study revealed that the plastics industry’s contribution to climate change will exceed coal’s by 2030.
While countries failed to reach an agreement on capping the production of plastic, they did agree to continue talks in 2025.
“As we look ahead to 2025, and navigate what an INC 5.2 could look like, countries must come to the table ready to fight for our future,” said Erin Simon, vice president and head of plastic waste and business at World Wildlife Fund. “The current draft has some of the ingredients for success, but we can’t back down on delivering a legally binding text that finally puts us on a course to eliminate plastic pollution.”
“Let us always remember that our purpose is noble and urgent: to reverse and remedy the severe effects of plastic pollution on ecosystems and human health,” said Luis Vayas Valdivieso, chair of the U.N.’s international plastics negotiating committee.
-ABC News’ Charlotte Slovin
Study identifies heat wave hot spots across the globe
It’s all but certain that 2024 will be Earth’s warmest year on record, surpassing 2023 as the previous record holder. While this troubling milestone measures global average temperatures, a new study from the Columbia Climate School found that unexplained extreme heat wave hot spots are popping up in specific areas worldwide.
Calling it “a striking new phenomenon,” the study’s authors write, “Distinct regions are seeing repeated heat waves that are so extreme, they fall far beyond what any model of global warming can predict or explain.”
According to the study, “The large and unexpected margins by which recent regional-scale extremes have broken earlier records have raised questions about the degree to which climate models can provide adequate estimates of relations between global mean temperature changes and regional climate risks.”
The study identified these hot spots on every continent except Antarctica. Researchers say the heat waves have mostly been a recent phenomenon, occurring primarily over the last five years, although some date back to the early 2000s and before.
Central China, Japan, Korea, the Arabian peninsula, eastern Australia and certain parts of Africa were the hardest-hit areas. The study, however, found that parts of Texas and New Mexico were also impacted, just not as much as the other regions.
“This is about extreme trends that are the outcome of physical interactions we might not completely understand,” said lead author Kai Kornhuber, an adjunct scientist at the Columbia Climate School’s Lamont-Doherty Earth Observatory, in a statement. “These regions become temporary hothouses.”
The researchers say it’s unclear what is causing these hot spots. While one study has pointed to wobbles in the jet stream as a possible culprit, the authors say that the hypothesis doesn’t explain all the extremes.
Regardless of the cause, heat is the deadliest weather-related hazard in the United States. The Journal of the American Medical Association found that heat deaths in the U.S. have nearly doubled since 1999 and account for a 63% increase in health-related death rates between 1999-2023.
“Due to their unprecedented nature, these heat waves are usually linked to very severe health impacts, and can be disastrous for agriculture, vegetation and infrastructure,” said Kornhuber. “We’re not built for them, and we might not be able to adapt fast enough.”
-ABC News Climate Unit’s Matthew Glasser
How to have a more sustainable Thanksgiving
The amount of food consumed every year at Thanksgiving is actually associated with a large carbon footprint, according to experts.
Although Thanksgiving may be the holiday best known for indulging, there are ways to enjoy your favorite meal of the year while keeping the environment in mind.
“The Thanksgiving meal is more than just the food,” Lauri Wright, director of nutrition programs at the University of South Florida’s College of Public Health, told ABC News. “There’s so much meaning [and] emotions associated with it.”
The average Thanksgiving dinner has a carbon footprint of about 103 pounds of carbon dioxide, according to the Climate Trade, an environmental solutions platform.
Maine joins list of states suing fossil fuel companies over climate change
Maine has become the latest in a growing number of states to sue the fossil fuel industry over the impacts of global warming.
Maine Attorney General Aaron Frey accused major fossil fuel companies of deceiving Mainers for decades about the impact their product has on human-amplified climate change.
“For over half a century, these companies chose to fuel profits instead of following their science to prevent what are now likely irreversible, catastrophic climate effects,” Frey said in a statement.
The lawsuit, filed in state court on Tuesday, alleges the defendants knew as early as the 1960s that an increasing use of fossil fuels could potentially bring devastating consequences to Maine. The state argues the companies not only failed to warn residents about the consequences, but knowingly concealed their knowledge about the long-term negative impacts that Maine’s people, environment and economy could face.
The filing states the companies focused on creating public doubt by launching public relations campaigns targeting the science of climate change and the impacts of burning fossil fuels. It is seeking financial compensation for both past and future climate-related damages and for the companies to cease their ongoing deception in Maine.
“They burdened the state and our citizens with the consequences of their greed and deception,” Frey said.
Maine Gov. Janet Mills applauded the attorney general’s actions, saying in a statement that “for decades, big oil companies have made record profits, taking billions out of the pockets of Maine people while deliberately deceiving them about the harmful impacts of fossil fuels — impacts that Maine people see and feel every day.”
Maine joins a growing list of more than 20 states — including California, Minnesota, Massachusetts and Vermont — that have brought similar types of lawsuits to date. Earlier this year, Vermont’s Climate Superfund Act became law, seeking financial accountability for climate change-related damages brought by fossil fuel companies. However, due to stipulations in the law and likely lawsuits, it’s expected to be several years before any potential first charge to fossil fuel companies would be attempted.
-ABC News meteorologist Dan Peck
Soaking rain eases drought in parts of U.S. but dryness still a problem for much of the country
Widespread drought conditions are still a significant concern across the country, with parts of the Northeast, northern Plains and Southwest currently experiencing some of the worst impacts, according to a U.S. Drought Monitor update released Wednesday.
Overall, more than 40% of the contiguous United States remains in a drought. This is an improvement, however, from the beginning of the month when more than half of the lower 48 faced drought conditions. Recent heavy rain along the West Coast and parts of the Midwest brought significant drought relief to portions of Washington, Oregon, Wisconsin and Illinois.
As a result, drought coverage decreased from 45.48% to 41.45% versus last week. While some regions experienced a notable improvement, the recent soaking in the Northeast was only enough to pause the fire danger and trend of intensifying drought conditions — for now.
The current drought situation in the Northeast took months to evolve, and it will take several more rounds of significant rainfall over the span of weeks or even months to completely eliminate the widespread drought in the region.
After a few rounds of beneficial rain, the National Oceanic and Atmospheric Administration’s Climate Prediction Center says a large part of the country will likely experience below-average precipitation in early December, particularly in the West, Plains and East Coast.
Much of the western Gulf Coast and northern Plains could see above-average rainfall during this period. Drought relief across the country will, at the very least, take a pause through the beginning of next month.
-ABC News meteorologist Dan Peck
Colorado River at a tipping point over drought threat, new study finds
A major water supplier in the West is once again in the spotlight for its unpredictable future.
The Colorado River, the water source for 40 million people across the west, is in a worse state than previously believed, according to a recent study published in Earth’s Future.
Drought and dry conditions, compounded by climate change, put the Colorado River in greater jeopardy, the study’s authors said.
“It doesn’t take a lot of climate change to put the system into a very vulnerable future,” said Dr. Patrick Reed, a civil and environmental engineer at Cornell University and co-author of the study.
Colorado’s West Slope River Basins “are essential water sources for the Colorado River and play a vital role in supporting the state of Colorado’s local economy and natural environment,” according to the study. The West Slope River Basins contribute nearly 70% of the streamflow deliveries to Lake Powell, the nation’s second-largest reservoir.
But drought has significantly depleted Lake Powell’s water supply, leading to the first-ever water shortage in the Upper Colorado River Basin in 2021 and more dependence on the West Slope Basin supply.
“The Colorado River is extremely stressed and overallocated,” Reed said.
The Colorado River supplies water to seven states and Northern Mexico. Agreements about how the water is divided are up for renegotiation in 2026.
-ABC News’ Charlotte Slovin
US fuel economy hits record high as CO2 emissions hit record low, EPA says
U.S. fuel economy reached a record high in 2023 at the same time that greenhouse emissions reached a record low, according to the U.S. Environmental Protection Agency’s annual Automotive Trends Report released Monday.
The report also states that model year 2023 electric vehicles and plug-in hybrid vehicles have reduced carbon dioxide emissions by 11%.
“This report provides a critical data-driven affirmation that strong, technology-neutral standards can underpin environmental progress while saving drivers money at the pump,” EPA Administrator Michael Regan said in a statement.
New vehicle CO2 emissions are now at a record low of 319 grams per mile, which reduces the impact on climate change. Battery and plug-in hybrid vehicles, combined with fuel cell vehicles, are expected to reach 14.8% of overall vehicle production in 2024, a trend that is expected to grow across the industry, according to the report.
Passenger cars and light trucks accounted for 17% of total U.S. greenhouse gas emissions in 2022, underscoring the need for further reductions across the industry, experts said.
— ABC News Climate Unit’s Dan Manzo
In surprise turn, world leaders reach $300B climate cash deal at COP29
In a surprising turn of events, world leaders at the United Nations climate conference in Azerbaijan announced they have reached agreement on a new deal that calls for wealthy countries to contribute $300 billion annually to help developing nations deal with the effects of climate change.
After fears no deal would be reached as talks broke down, the announcement came around 3 a.m. local time and was met with a standing ovation and a wave of relief.
The deal in question was the “climate cash” agreement, under which developed nations will contribute an annual target of $300 billion to help climate-vulnerable, developing countries deal with the consequences of climate change.
President Joe Biden on Saturday praised the agreement, while touting his administration’s work on climate change, saying “nobody” can undo America’s “clean energy revolution,” in an apparent swipe at President-elect Donald Trump.
“Today at COP29, thanks in part to the tireless efforts of a robust US delegation, the world reached agreement on another historic outcome,” Biden said in a statement, going on to say the “ambitious” deal “will help mobilize the level of finance – from all sources – that developing countries need to accelerate the transition to clean, sustainable economies, while opening up new markets for American-made electric vehicles, batteries, and other products.”
Biden, who is leaving office in less than two months, said states and cities will continue to tackle climate change — notably not mentioning the federal government, while adding that no one can overturn progress on the issue, repeating something he said last week while visiting the Amazon.
In a statement, U.N. Secretary-General Antonio Guterres said he had “hoped for a more ambitious outcome” on both financing and climate change mitigation efforts from the conference.
“But this agreement provides a base on which to build,” he said in the statement. “It must be honoured in full and on time. Commitments must quickly become cash. All countries must come together to ensure the top-end of this new goal is met.”
Mukhtar Babayev, Azerbaijan’s minister of ecology and natural resources who served as the COP29 president, said in a statement the $300 billion goal “represents the best possible deal we could reach.”
The U.N. climate conference, known as COP29, was anticipated to be the “finance COP” — the site of negotiations to determine how much fighting the climate crisis would cost and who would pay for it.
In 2015, under the Paris Agreement, participating countries agreed to set climate financing goals in 2024 that would account for the needs of developing countries.
-ABC News’ Victoria Beaule, Fritz Farrow and Jack Moore
UN climate conference delegates struggle to reach agreement on financing the climate fight
The U.N. climate conference in Azerbaijan was supposed to be the “finance COP.” World leaders would determine how much fighting the climate crisis would cost and who would pay for it.
However, as COP29 winds down, many developing countries and nongovernmental organizations are dissatisfied with the current language in the proposed climate finance agreement.
In 2015, under the Paris Agreement, participating countries agreed to set a New Collective Quantified Goal, or NCQG, on climate finance in 2024 that would account for the needs of developing countries. Basically, how much money would each nation spend to support developing countries that are being disproportionately impacted by climate?
While several versions of the new NCQG have been proposed, a final agreement is still out of reach. The latest text calls for a $1.3 trillion climate finance investment annually until 2035 but only requires a $250 billion investment from developed countries.
“With a paltry climate finance offer of $250 billion annually, and a deadline to deliver as late as 2035, richer nations, including EU countries, and the United States are dangerously close to betraying the Paris Agreement,” Dr. Rachel Cleetus, policy director for the Climate and Energy Program, Union of Concerned Scientists, said. “This is nowhere near the robust and desperately needed funding lower income nations deserve to combat climate change.”
The latest NCQG language lays out a variety of funding sources that can play a part in reaching global climate finance goals, including multilateral development banks, or MDBs, that can distribute funds through grants and concessional loans for developing countries and adaptation projects.
However, the text does not make clear whether funds from MDBs are part of reaching the $250 billion goal or supplement that goal. It also includes provisions allowing for voluntary contributions from developing countries.
“The central demand coming into COP29 was for a strong, science-aligned climate finance commitment, which this appalling text utterly fails to provide,” Cleetus said. “Wealthier nations seem content to shamefully renege on their responsibility and cave in to fossil fuel interests while unjustly foisting the costs of deadly climate extremes on countries that have contributed the least to the climate crisis.”
World Resources Institute Global Climate, Economics and Finance Program Director Melanie Robinson agrees, releasing a statement Friday saying, “Developed countries should aim higher than the $250 billion they’ve put on the table.”
“We should leave Baku with a goal that at least gets to $300 billion a year by 2035,” Robinson said.
Tasneem Essop, executive director of Climate Action Network International, called the latest draft text “an insult to the people in the Global south.”
“This latest draft text on the New Collective Quantified Goal is not just a joke — it’s an insult to the people in the Global South living on the front line of the climate crisis,” Essop said. “In the meantime, millions of people’s lives are at risk. We are angry, but we will keep fighting until the end.”
-ABC News Climate Unit’s Kelly Livingston and ABC News’ Charlotte Slovin
October was 2nd warmest month on record, NOAA announces
If you thought October was unusually warm, it isn’t your imagination. The National Oceanic and Atmospheric Administration (NOAA) reports that last month was the second warmest October since the U.S. began keeping records in 1895. It was also the second driest, with less than an inch of rainfall. It should be more than double that.
October was also the second warmest on record globally when looking at land and ocean temperatures. And it was the warmest ever for land temperature alone.
According to the NOAA, there is now a 99% chance that 2024 will be the warmest year on record globally.
This new data continues 2024’s streak of having some of the driest and warmest months on record for states across the U.S.
The heat and high levels of dryness across the country have left 87% of the United States in dry or drought conditions. Widespread drought increases the risk of wildfires, as soil with no moisture burns more easily.
Mark Svoboda, director of the National Drought Mitigation Center at the University of Nebraska-Lincoln, calls the combination of heat and dryness a “double whammy.”
New Jersey and Delaware had their driest Octobers on record, and much of the Atlantic Seaboard experienced Octobers with precipitation levels much below average. The region has seen hundreds of wildfires due to these conditions, with New Jersey experiencing a 1,300% increase in fire calls.
In October, much of the United States experienced drought, with dryness expanding and increasing in the Northeast, Great Lakes, Northern Rockies and Plains, Southeast, Deep South, Southwest and the Hawaiian islands.
NOAA says that by February 2025, drought conditions should improve in the Pacific Northwest, Ohio Valley and Western Great Lakes, but are likely to expand and intensify in the Southwest and Atlantic Seaboard.
Despite the destruction they cause, tropical storms can “make or break” drought for the winter, said Svoboda. Without intense rains earlier in the year, there is little or no moisture in the ground come winter.
The dryness impacts wheat crops and livestock forage, potentially increasing food prices. Dryer soil makes wheat crops more vulnerable in colder temperatures because that soil can freeze and kill the plant, decreasing the harvest for the following year.
NOAA also reported that in 2024, 24 different billion-dollar weather and climate disasters impacted the United States through the end of October. This number is only second to last year, with a record 27 individual billion-dollar weather and climate disasters by October.
(WASHINGTON) — A federal appeals court on Friday rejected TikTok’s bid to overturn a law banning the platform unless the company finds a new owner. The defeat moves the app closer to a U.S. ban, which is set to take effect on Jan. 19, 2025.
TikTok had challenged the law on First Amendment grounds, arguing that a potential ban would deny American users access to a popular venue for public expression. Attorneys for the company also disputed claims that the app poses a national security risk.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled against the app, which boasts more than 170 million U.S. users.
The China-based app has faced growing scrutiny from government officials over fears that user data could fall into the possession of the Chinese government and the app could be weaponized by China to spread misinformation. TikTok’s parent company, ByteDance, has denied those claims.
In its ruling, the court found merit in security concerns about potential data collection or content manipulation undertaken by the Chinese government, referring to it by its formal name as the People’s Republic of China, or PRC.
Each of those two concerns “constitutes an independently compelling national security interest,” the court opinion said. The court cited previous instances in which the Chinese government pursued data, noting the government’s use of relationships with Chinese-owned businesses.
In a statement to ABC News on Friday, TikTok urged the Supreme Court to overrule the decision.
“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue. Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people,” TikTok said.
“The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025,” the company added.
There is little evidence that TikTok has shared U.S. user data with the Chinese government or that the Chinese government has asked the app to do so, cybersecurity experts previously told ABC News.
President-elect Donald Trump has voiced opposition to a potential ban of TikTok. The president is expected to try to stop the ban of TikTok after he takes office, The Washington Post reported last month, citing people familiar with his views on the matter.
The most straightforward way to reverse the policy would be a repeal of the law that enacted the ban in the first place, experts previously told ABC News.
A repeal would require passage in both houses of Congress, landing the measure on Trump’s desk for his signature.
Trump may encounter difficulty gaining support for repeal of the measure among lawmakers, however.
Congress voted in favor of the ban earlier this year. In the House of Representatives, the ban passed by an overwhelming margin of 352-65. In the Senate, 79 members voted in favor of the measure, while 18 opposed and 3 abstained.
(NEW YORK) — Officials say two migrant teens were victims in a New York City stabbing, one fatally, after the teens were asked if they spoke English and they responded that they didn’t.
Officials say a trio of men approached the teens around 7:40 p.m. Thursday night, when one of the men asked if the teens spoke English. When the teens said they did not, they were attacked, according to police.
Police say they responded to a 911 call for an assault in Lower Manhattan. Upon arrival, officers found a 17-year-old male with a stab wound to the chest and an 18-year-old male with a stab wound to the left arm.
Emergency medical services responded and transported both teens to the NYC Health + Hospitals/Bellevue location, according to officials.
The 17-year-old male, now identified by officials as Yeremi Colino, succumbed to his injuries and the 18-year-old male is in stable condition, the NYPD reports.
The surviving victim believed he was stabbed with a screwdriver, police said. A knife was recovered at the scene, according to police, who say they will test it for forensics.
The three suspects fled the stabbing on foot. They are described as being in their 20s with dark complexions.
One was wearing a green jacket, white pants and white sneakers. Second was wearing red pants and a red hooded sweatshirt with a black jacket, also had a black backpack. Third was wearing red sweatpants, red hooded sweatshirt, black jacket and blue and white sneakers.
There are no arrests at this time, and the investigation remains ongoing, according to police.
(NEW YORK) — In its first note of the day, the jury in Daniel Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter in the death of Jordan Neely, a homeless man, on the New York City subway.
“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.
Since the jury got the case on Tuesday, they have deliberated for more than 18 hours.
Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening” when Penny put Neely in a chokehold.
The city’s medical examiner concluded Penny’s chokehold killed Neely.
Penny pleaded not guilty to manslaughter and negligent homicide charges.
The verdict form asks the jury to decide the first count – second-degree manslaughter – before potentially moving to the second count of criminally negligent homicide. Only if it finds Penny not guilty on the first count, can it consider the second count of criminally negligent homicide.
Judge Maxwell Wiley proposed giving the jury an Allen charge, encouraging them to continue deliberating despite the deadlock. He is giving the lawyers time to consider the next steps.
“It would be a crazy result to have a hung jury just because they can’t move on to the second count?” prosecutor Dafna Yoran said.
This is a developing story. Please check back for updates.
(NEW YORK) — A federal appeals court on Friday rejected TikTok’s bid to overturn a law banning the platform unless the company finds a new owner. The defeat inches the apps closer to a U.S. ban, which is set to take effect on Jan. 19.
This is a developing story. Please check back for updates.
Fernando Gutierrez-Juarez/picture alliance via Getty Images
(NEW YORK) — The price of bitcoin dropped below $100,000 late Thursday, just a day after topping the milestone for the first time.
The world’s largest cryptocurrency continued to slide in early trading on Friday, before recovering some of the losses.
The turmoil for bitcoin did not appear to impact other major crypto coins. Ether, the second-largest cryptocurrency, climbed nearly 5% in early trading on Friday, exceeding $4,000 for the first time since March.
The turn of fortune for bitcoin interrupted a rally set off by the election of former President Donald Trump, who is viewed as friendly toward cryptocurrency.
Since Election Day, the price of bitcoin has climbed nearly 50%. That performance far outpaces the S&P 500, which has risen about 5% over the same period.
Bitcoin has proven highly volatile since its launch about 15 years ago.
As recently as 2021, bitcoin suffered a downturn that cut its value in half. The same thing happened a year earlier, when the initial outset of the pandemic triggered a panic among investors.
“As long as the narrative stays positive, there’s always room to grow,” Bryan Armour, the director of passive strategies research at financial firm Morningstar, told ABC News before bitcoin reached $100,000.
“It’s still a highly volatile asset,” Armour added.
A surge had propelled bitcoin past $100,000 late Wednesday, just hours after Trump nominated crypto booster Paul Atkins to chair the Securities and Exchange Commission.
Atkins, the CEO of consulting firm Patomak Partners, serves as co-chair of the Token Alliance, a cryptocurrency advocacy organization.
Once a crypto critic, Trump has vowed to bolster the cryptocurrency sector and ease regulations enforced by the Biden administration. Trump has also promised to establish the federal government’s first National Strategic Bitcoin Reserve.
In a post on Truth Social early Thursday, Trump took credit for the gains: “CONGRATULATIONS BITCOINERS!!! $100,000!!! YOU’RE WELCOME!!!.”
Trump has not spoken publicly about bitcoin since it fell below $100,000.
Police released photos of a suspect sought in the fatal shooting of UnitedHealthcare CEO Brian Thompson. NYPD
(NEW YORK) — The unidentified man suspected of gunning down UnitedHealthcare CEO Brian Thompson remains at large after the “brazen, targeted” shooting outside a Midtown Manhattan hotel on Wednesday, police said.
Here is a timeline of the suspect’s whereabouts before, during and after the shooting:
Nov. 24
The killer entered New York City by bus on Nov. 24, when a surveillance camera at Port Authority Bus Terminal caught his arrival at 9 p.m., law enforcement sources told ABC News.
The inbound bus originated in Atlanta but it was not immediately clear where the suspect boarded.
He likely checked into a hostel on New York City’s Upper West Side that day and later checked out, sources said.
Nov. 30
The suspect likely checked back into the HI New York City Hostel on the Upper West Side on Nov. 30, sources said.
Dec. 4 at 5 a.m.
At 5 a.m., nearly two hours before the shooting, the suspect was seen in surveillance footage outside the hostel on the Upper West Side, holding what appears to be an e-bike battery.
6:15 a.m.
At 6:15 a.m., surveillance footage reviewed by police shows someone who appears to be the suspect leaving a 57th Street subway station near the crime scene, police sources told ABC News.
Before the shooting
Sometime before the shooting, the suspect is spotted at a Starbucks. The exact time is not clear.
6:29 a.m.
The suspect appeared to walk past a parking lot on West 54th Street at 6:29 a.m. — across the street some 50 meters from the site of the shooting.
6:44 a.m.
At 6:44 a.m., the masked gunman fatally shot Brian Thompson in front of the north entrance to the New York Hilton Midtown.
“The shooter then walks toward the victim and continues to shoot,” NYPD Chief of Detectives Joseph Kenny said. “It appears that the gun malfunctions, as he clears the jam and begins to fire again.”
The shooter fled on foot into an alley, where a phone believed to be linked to the suspect was later recovered, police sources said.
Time unknown
The suspect then fled north on a bike and rode into Central Park, police said.
6:59 a.m.
A person appearing to be the suspect was seen just before 7 a.m. on the Upper West Side. He was riding a bicycle away from Central Park, heading west on 85th Street. He no longer had a backpack on.
(WASHINGTON) — President-elect Donald Trump on Friday made his first public show of support for Pete Hegseth, his embattled pick for defense secretary, since Hegseth began making the rounds on Capitol Hill speaking to Republican senators amid misconduct allegations.
“Pete Hegseth is doing very well. His support is strong and deep,” Trump wrote on his social media platform.
“He was a great student – Princeton/Harvard educated – with a Military state of mind. He will be a fantastic, high energy, Secretary of Defense Defense, one who leads with charisma and skill. Pete is a WINNER, and there is nothing that can be done to change that,” Trump added.
The post comes after Trump’s public silence as Hegseth met with GOP senators every day this week in the face of new allegations of sexual impropriety, financial mismanagement, public drunkenness and other personal misconduct.
The New Yorker reported the claims over the weekend. ABC News has not independently confirmed the magazine’s account.
Hegseth has denied the accusations, but telling senators he’s a “changed” man and vowing not to drink alcohol should he be confirmed to head up the Pentagon.
ABC News previously reported Trump had not been working the phones for Hegseth as he did for Matt Gaetz, who similarly faced sexual assault allegations. Gaetz ultimately withdrew his name from consideration.
But Hegseth on Thursday vowed not to back down as he wrapped up sit-downs with senators who will be tasked with his confirmation.
“The conversations have been robust, candid at times,” he said. “There’s great questions on policy, personality, everything, so we are going to earn those votes, fighting all the way through the tape.”
His confirmation, though, remains far from certain. Republicans will have a narrow three-seat majority in the Senate next year.
Trump’s team, ABC News reported, was focused on figuring out where the nine female Republican senators stand on Hegseth. So far, one key female Republican on the Armed Services Committee — Joni Ernst — has notably not yet backed Hegseth. Two female senators — Marsha Blackburn of Tennessee and Katie Britt of Alabama — have endorsed Hegseth.
Several Republican senators have said they’d like to see background checks for Trump’s Cabinet picks.
Multiple sources, including a Trump transition official, have confirmed to ABC News that Hegseth will be getting a background check from the FBI. Hegseth informed the transition team earlier this week he’d be willing to get the check.
Hegseth’s attorney Tim Parlatore said Thursday on CNN that Hegseth’s name had been submitted to the FBI and that the FBI gave them the needed forms on Wednesday.
“I am expecting that the background check is going to take a lot of the false stories that have been circulated in the media and it’s going to put them completely to bed. I think that the surprise you’re going to find is how false all the reporting has been,” Parlatore said.
