Judge in Trump’s criminal hush money case postpones sentencing to Sept. 18

Judge in Trump’s criminal hush money case postpones sentencing to Sept. 18
Judge in Trump’s criminal hush money case postpones sentencing to Sept. 18
Anna Moneymaker/Getty Images

(NEW YORK) — The judge overseeing former President Donald Trump’s criminal hush money case in New York has postponed sentencing to Sept. 18, according to a letter sent to the parties.

The move came after the Manhattan district attorney’s office said earlier Tuesday it would not oppose Trump’s request to file a motion arguing that his hush money conviction should be tossed based on Monday’s Supreme Court ruling on presidential immunity.

“Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” assistant district attorney Josh Steinglass wrote in a letter to Judge Juan Merchan.

On Monday, just hours after the U.S. Supreme Court issued its landmark ruling that Trump has some presidential immunity from criminal prosecution for actions taken to overturn results of the 2020 election, Trump’s attorneys sent a letter to Judge Merchan asking to him to “set aside the jury’s verdict” in his hush money case.

Judge Merchan, in his response, signaled to the parties that he would rule on Trump’s motion to set aside his conviction on Sept. 6.

He gave Trump until July 10 to submit papers and the DA’s office until July 24 to respond.

Sentencing had originally been scheduled for July 11, just days before Trump will claim the Republican nomination. Merchan has now set sentencing for Sept. 18 at 10 a.m. ET.

Trump in May was found guilty on 34 felony counts of falsifying business records related to a 2016 hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.

In the defense’s letter to Judge Merchan, which was made public Tuesday, defense attorneys argued Trump’s conviction should be thrown out because prosecutors relied on evidence and testimony they believe should have been protected by presidential immunity, including several of Trump’s tweets, a government ethics form, and the testimony of former Trump aide Hope Hicks.

“The verdicts in this case violate the presidential immunity doctrine and create grave risks of ‘an Executive Branch that cannibalizes itself,'” defense attorney Todd Blanche wrote. “After further briefing on these issues beginning on July 10, 2024, it will be manifest that the trial result cannot stand.”

Defense lawyers highlighted testimony from Hicks, who said Trump preferred the story of his alleged affair with Stormy Daniels — which he denies — come out after the 2016 election.

“I think Mr. Trump’s opinion was it was better to be dealing with it now, and that it would have been bad to have that story come out before the election,” Hicks testified. Prosecutor Josh Steinglass called the testimony “devastating.”

“She basically burst into tears a few minutes — a few seconds after that because she realized how much this testimony puts the nail in Mr. Trump’s coffin,” Steinglass said during his closing argument.

The defense appears to be relying on a portion of the Supreme Court opinion that said, “Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial.”

Trump’s lawyers also argued that Trump’s social media posts about his former lawyer Michael Cohen, a 2018 filing from the Office of Government Ethics, and phone records from Trump’s time in office should have not been allowed.

During Trump’s effort to remove the state case to federal court in 2023, Judge Alvin Hellerstein determined that Trump’s alleged conduct in the case was “purely a personal item” outside of Trump’s official duties.

“The evidence overwhelmingly suggests that the matter was purely a personal item of the President — a cover-up of an embarrassing event,” Hellerstein wrote in a July 2023 decision denying Trump’s effort to remove the case to federal court. “Hush money paid to an adult film star is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties.”

Monday’s Supreme Court ruling determined that Trump is entitled to “at least presumptive immunity” from criminal prosecution for official acts taken while in office.

Trump’s hush money case is the second of his four criminal cases to be impacted by the ruling, which sent Trump’s federal election interference case back to the U.S. district court to determine which acts alleged in special counsel Jack Smith’s indictment constitute official duties that could be protected from liability and which are not.

Copyright © 2024, ABC Audio. All rights reserved.

President Joe Biden to sit down with ABC News on Friday for first TV interview since debate

President Joe Biden to sit down with ABC News on Friday for first TV interview since debate
President Joe Biden to sit down with ABC News on Friday for first TV interview since debate
Cornell Watson/Bloomberg via Getty Images

(WASHINGTON) — President Joe Biden will sit down with ABC News on Friday for his first television interview since last week’s presidential debate.

The president’s poor performance in the debate has garnered calls for him to drop out of the race by politicians on both sides of the aisle.

Biden will speak to “Good Morning America” and “This Week” anchor George Stephanopoulos for the interview. A first look will air on the Friday, July 5, edition of “World News Tonight with David Muir” with portions airing on Saturday and Sunday on “Good Morning America.”

The extended interview will air Sunday, July 7, on “This Week” and Monday’s episode of “Good Morning America.”

Biden, 81, has been criticized for his uneven performance in the debate. Texas Rep. Lloyd Doggett became the first House Democrat to call on Biden to withdraw as nominee Tuesday.

Despite some calls for him to step aside, most Democrats have continued to support Biden as the nominee.

Former House Speaker Nancy Pelosi told MSNBC on Tuesday that the president had “a bad night,” but added, “He has judgment. He has strategic thinking and the rest.”

Democratic Sen. Bob Casey, who is running for reelection in Pennsylvania, threw his support behind Biden Monday afternoon when asked about the president’s debate performance, telling reporters he is confident Biden can run a strong reelection race and serve a second term.

“No, I don’t worry about that. Look, he had a bad night in the debate, but I think people know what’s at stake,” he said.

Copyright © 2024, ABC Audio. All rights reserved.

Husband of missing Arizona woman arrested for assault as search continues

Husband of missing Arizona woman arrested for assault as search continues
Husband of missing Arizona woman arrested for assault as search continues
Flagstaff Police Department

(FLAGSTAFF, Ariz.) — The husband of a missing Arizona woman has been arrested for assault as the search for her continues, police said.

Kelly Paduchowski, 45, was reported missing Sunday evening, according to the Flagstaff Police Department. Paduchowski had gone for a run and swim at Campbell Mesa Trail at about 1:30 p.m. on Sunday, according to authorities.

Her white Mazda CX-5 was located at the trailhead, Flagstaff police said.

The Flagstaff Police Department said they arrested her husband, 58-year-old Daniel Paduchowski, after interviewing family members and witnesses and reviewing evidence.

He faces aggravated assault charges, according to police.

Details about what led to the husband’s arrest have not yet been disclosed, and police are continuing to search for the missing woman.

Kelly Paduchowski, who is about 5-foot-8 and 138 pounds with blonde hair and blue eyes, was wearing black shorts, a gray shirt and running shoes, authorities said. Flagstaff police asked members of the public who might have information to call at 928-774-1414.

“The investigation is ongoing and the number one priority is to locate Kelly,” police said.

Copyright © 2024, ABC Audio. All rights reserved.

Texas Democrat Rep. Lloyd Doggett calls on Biden to withdraw as presidential nominee

Texas Democrat Rep. Lloyd Doggett calls on Biden to withdraw as presidential nominee
Texas Democrat Rep. Lloyd Doggett calls on Biden to withdraw as presidential nominee
Tom Williams/CQ-Roll Call, Inc via Getty Images

(WASHINGTON) — Texas Democratic Rep. Lloyd Doggett broke with President Joe Biden on Tuesday, calling on him to withdraw as Democratic nominee following the president’s debate performance.

“President Biden has continued to run substantially behind Democratic senators in key states and in most polls has trailed Donald Trump. I had hoped that the debate would provide some momentum to change that. It did not. Instead of reassuring voters, the President failed to effectively defend his many accomplishments and expose Trump’s many lies,” Doggett wrote in a statement.

Doggett is the first sitting Democratic member of Congress — House or Senate — to publicly call on Biden to withdraw as the Democratic nominee for president.

“My decision to make these strong reservations public is not done lightly nor does it in any way diminish my respect for all that President Biden has achieved,” Doggett said. “Recognizing that, unlike Trump, President Biden’s first commitment has always been to our country, not himself, I am hopeful that he will make the painful and difficult decision to withdraw. I respectfully call on him to do so.”

Doggett, who was first elected to the House in 1995, joins a growing cohort of Democrats who are criticizing Biden’s debate performance and calling for the president to reconsider staying in the presidential race.

Former Ohio congressman and 2020 Democratic presidential candidate Tim Ryan wrote in an opinion piece published Monday night in Newsweek that Biden should step aside and that Vice President Kamala Harris should become the Democratic nominee for president.

“He also promised to be a bridge President to the next generation… Regrettably, that bridge collapsed last week,” Ryan wrote of Biden’s debate performance. “Witnessing Joe Biden struggle was heartbreaking. And we must forge a new path forward.”

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

ABC News’ Oren Oppenheim contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

LGBTQ+ residents find safe haven in Arkansas town steeped in history

LGBTQ+ residents find safe haven in Arkansas town steeped in history
LGBTQ+ residents find safe haven in Arkansas town steeped in history
ABCNews.com

(EUREKA SPRINGS, Ark.) — A small town in Arkansas boasts a statue of Jesus, 7 stories tall, arms outstretched over a community dotted year-round with Pride flags.

Eureka Springs is a town that welcomes all, a safe haven for the LGBTQ+ community. It has made history as one of the first towns in the South where gay couples have legally married.

One of those was Zeek Taylor and Dick Titus, who are widely considered the first male married couple in the South. The couple moved to Eureka Springs as adults for its small-town feel and arts.

“It is known as the town where misfits fit, which I like,” Taylor said.

Revered by the Osage tribe for its healing waters, Eureka Springs was considered sacred long before finding its place in the Bible Belt. Today, a commission protects just about every building within city limits, many considered historical landmarks.

The city model is “Keep it the same,” meaning they want to maintain its uniqueness despite having only 2,000 residents.

“I mean, it’s a small town, so we know each other,” Titus said. “And if I know you and I respect you and you have an opinion, I’m more and more apt to think it through and to discuss that with you.”

That respect for one another was shown in 2014 when many people from Eureka Springs as well as outsiders lined up very early at the courthouse for a marriage license after a judge struck down a voter-initiated constitutional ban on same-sex marriage on May 9, 2014, legalizing it.

On May 10, 2014, Taylor, Titus, Jennifer Seaton-Rambo, and Kristin Seaton-Rambo were first in line at the courthouse. Jennifer and Kristin are lifelong Arkansans who lived in Fort Smith at the time and drove at 2:30 a.m. to Eureka Springs to get their marriage license.

The courthouse doors were supposed to open at 9 a.m., but Taylor, Titus, Kristin, Jennifer, and others in line were stunned to be told they won’t be getting their licenses that day by the clerk.

“When the clerk showed up, she refused to issue a license to same-sex couples,” Taylor said. “In my mind, I really thought she was denying us our rights because of who we were.”

The clerk who refused to issue the licenses later said that her boss, the county clerk, was out of town.

“Our attorney was talking through the window and telling the officers, look, this is the court rulings, here’s the paperwork,” Kristin Seaton-Rambo said.

The clerk requested input from the attorney general, but after not hearing back, she decided to close the courthouse.

After waiting for hours and with dozens of couples in line, another clerk stepped up. She took it upon herself to help the couples obtain something they had dreamed of receiving for years: to be officially married.

“It was like an angel walked through the doors,” Jennifer Seaton-Rambo said. “And she did what she felt she needed to do, and she married us.”

Jennifer and Kristin Seaton-Rambo became the first same-sex couple in Arkansas to officially say “I do.” At the same time, Taylor and Titus became Arkansas’s first same-sex male couple.

Both couples wept with joy upon receiving their marriage license papers. Additionally, they were the first same-sex couples in the entire South to be married.

“Our conviction is important and there are so many, I cannot stress enough how many people are out there that we want to have the same kind of feelings that we’re able to get,” Jennifer Seaton-Rambo said. “And it’s not always we’ve had trouble and we’ve had times where we’ve been refused or what we feel discriminated against.”

A 2023 study from the Williams Institute found that of the nearly 14 million American adults who identify as LGBTQ+, more live in the South than in any other region.

That same year, the Human Rights Campaign declared a state of emergency for LGBTQ+ Americans, citing an unprecedented number of legislative bills targeting the community.

Arkansas was the first state to pass a ban on gender-affirming care for minors in 2021. A federal judge blocked it, then struck it down in 2023, and it never went into effect.

Eureka Springs has demonstrated how getting to know a stranger can change everything. It makes this place home for couples, despite and because of the challenges.

“The progression that I’ve seen, yes it’s been slow,” Kristin Seaton-Rambo said. “But it’s something that’s encouraging to see, and it’s encouraging to be a part of and to keep that growth growing so that we can get to that point where equality is for everyone.”

Copyright © 2024, ABC Audio. All rights reserved.

Manhattan DA won’t oppose Trump filing request to have NY conviction tossed, likely delaying sentencing

Judge in Trump’s criminal hush money case postpones sentencing to Sept. 18
Judge in Trump’s criminal hush money case postpones sentencing to Sept. 18
Anna Moneymaker/Getty Images

(NEW YORK) — The Manhattan district attorney’s office said Tuesday it would not oppose former President Donald Trump’s request to file a motion arguing that his hush money conviction should be tossed, a move that will almost certainly delay Trump’s sentencing, which is currently set for July 11.

“Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion,” assistant district attorney Josh Steinglass wrote in a letter to Judge Juan Merchan.

Prosecutors asked for two weeks to respond to the defense motion.

On Monday, just hours after the U.S. Supreme Court issued its landmark ruling that Trump has some presidential immunity from criminal prosecution for actions taken to overturn results of the 2020 election, Trump’s attorneys sent a letter to Judge Merchan asking to him to “set aside the jury’s verdict” in his hush money case.

Trump in May was found guilty on 34 felony counts of falsifying business records related to a 2016 hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.

In a letter to Judge Juan Merchan made public Tuesday, defense attorneys argued Trump’s conviction should be thrown out because prosecutors relied on evidence and testimony they believe should have been protected by presidential immunity, including several of Trump’s tweets, a government ethics form, and the testimony of former Trump aide Hope Hicks.

“The verdicts in this case violate the presidential immunity doctrine and create grave risks of ‘an Executive Branch that cannibalizes itself,'” defense attorney Todd Blanche wrote. “After further briefing on these issues beginning on July 10, 2024, it will be manifest that the trial result cannot stand.”

Defense lawyers highlighted testimony from Hicks, who said Trump preferred the story of his alleged affair with Stormy Daniels — which he denies — come out after the 2016 election.

“I think Mr. Trump’s opinion was it was better to be dealing with it now, and that it would have been bad to have that story come out before the election,” Hicks testified. Prosecutor Josh Steinglass called the testimony “devastating.”

“She basically burst into tears a few minutes — a few seconds after that because she realized how much this testimony puts the nail in Mr. Trump’s coffin,” Steinglass said during his closing argument.

The defense appears to be relying on a portion of the Supreme Court opinion that said, “Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial.”

Trump’s lawyers also argued that Trump’s social media posts about his former lawyer Michael Cohen, a 2018 filing from the Office of Government Ethics, and phone records from Trump’s time in office should have not been allowed.

During Trump’s effort to remove the state case to federal court in 2023, Judge Alvin Hellerstein determined that Trump’s alleged conduct in the case was “purely a personal item” outside of Trump’s official duties.

“The evidence overwhelmingly suggests that the matter was purely a personal item of the President — a cover-up of an embarrassing event,” Hellerstein wrote in a July 2023 decision denying Trump’s effort to remove the case to federal court. “Hush money paid to an adult film star is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties.”

Judge Merchan has yet to rule on Trump’s request to file his motion or make any determination about the July 11 sentencing date.

Copyright © 2024, ABC Audio. All rights reserved.

40 people injured after Air Europa flight experiences heavy turbulence, diverted to Brazil

40 people injured after Air Europa flight experiences heavy turbulence, diverted to Brazil
40 people injured after Air Europa flight experiences heavy turbulence, diverted to Brazil
@Natalia_gimeno

(SAO GONCALO DO AMARANTE, Brazil) — Forty people were injured, some seriously, after an Air Europa flight from Spain to Uruguay experienced strong turbulence and was diverted to Brazil, officials said.

Flight UX045 experienced “heavy” turbulence early Monday morning but landed safely at Natal International Airport in São Gonçalo do Amarante, the airline said. The plane requested an emergency landing around 2:32 a.m. local time, according to the airport.

Thirty people received medical care at the airport, while 10 had to be transported to the hospital for further examination, the airport confirmed to ABC News Monday night.

Seven passengers remain hospitalized in serious but not life-threatening condition, Air Europa confirmed to ABC News on Tuesday morning.

Some passengers were hurtled toward the ceiling of the cabin, the airline said.

Passenger videos showed damage to the cabin of the plane and injured passengers in neck braces lying on their backs in the aisle. In one video, a man could be seen dangling from an overhead compartment, though it is unclear how he ended up there.

The flight had departed Madrid-Barajas and was en route to Carrasco International Airport in Montevideo, Uruguay, when the incident occurred, according to the airline. Natal was the closest airport to address the passengers’ medical needs, the airline said.

“Due to the nature of the turbulence and for safety reasons, it was decided to divert the flight to Natal International Airport in Brazil,” the airline said.

The Boeing 787-9 Dreamliner was carrying 325 passengers at the time.

Passengers in good condition were transported to Recife, where a plane that departed Madrid arrived early Tuesday to continue their trip to Montevideo, Air Europa said.

The original aircraft is not in use and will be examined, the airline said.

The incident remains under investigation.

Copyright © 2024, ABC Audio. All rights reserved.

Person of interest taken into custody for attempted rape of Central Park sunbather: Sources

Person of interest taken into custody for attempted rape of Central Park sunbather: Sources
Person of interest taken into custody for attempted rape of Central Park sunbather: Sources
James C Hooper/Getty Images

(NEW YORK) — A person of interest has been taken into custody for the attempted rape of a woman sunbathing in Central Park last month, police sources told ABC News.

The man, who has not been identified, has not been charged in the June 24 attempted sexual assault of a woman, but the sources said DNA links him to the incident.

The 21-year-old woman was alone and sunbathing in the Great Hill section of the park when a man came toward her exposing himself around 1:30 p.m. last Monday, New York Police Department Chief of Patrol John Chell said last week.

“She screams and gets up to run,” but “he tackles her from behind” and “tried to get on top of her,” Chell said.

The victim fought the man off and he fled, he added.

The New York Police Department released a sketch of the suspect on June 27.

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

Copyright © 2024, ABC Audio. All rights reserved.

Beryl bears down on Jamaica as a record-breaking Category 5 hurricane

Beryl bears down on Jamaica as a record-breaking Category 5 hurricane
Beryl bears down on Jamaica as a record-breaking Category 5 hurricane
ABC News

(NEW YORK) — As Hurricane Beryl strengthened to a Category 5 over the warm waters of the Caribbean Sea, it continued to break records by becoming the strongest July Atlantic hurricane on record.

Packing maximum winds of 165 mph on Tuesday, Beryl surpassed the July record of 160 mph maximum winds produced by Hurricane Emily in 2005, according to the National Hurricane Center.

Beryl has already killed one person when it slammed into Carriacou Island in Grenada on Monday.

Hurricane Beryl is expected to reach Jamaica on Wednesday and is forecast to produce rainfall totals of 4 to 8 inches across the mountainous island country, with isolated amounts of up to 12 inches possible. This could trigger flash flooding in vulnerable areas.

The outer bands of Beryl could impact southern portions of the Dominican Republic and Haiti beginning late Tuesday into Wednesday, potentially causing 2 to 6 inches of rain in these areas.

Sea surface temperatures in the eastern Caribbean Sea, where Beryl is currently located, are running warmer than average for this time of the year, more in line with where they would be at the peak of the Atlantic Hurricane Season rather than early July. This is providing ample fuel for Beryl’s extreme intensification.

The latest forecast calls for little change in strength overnight, with a gradual weakening trend commencing on Tuesday as the storm sweeps west-northwestward across the Caribbean Sea.

Beryl will continue to track across the Caribbean Sea throughout the week, closing in on Jamaica on Wednesday, likely weakening to a Category 2 storm by then. The center and worst impacts will likely pass south of the island; however, the latest forecast now has the center of the storm passing a little closer to Jamaica, so more intense rain, wind and storm surge impacts will be possible on the current track.

A weakening trend will continue through the rest of the week as Beryl sweeps across the Caribbean Sea and encounters less favorable atmospheric conditions.

Beryl will then take aim at Mexico’s Yucatan Peninsula by the end of the week. The current forecast calls for a second landfall sometime on Friday along the eastern coast of the Yucatan Peninsula. Beyond that, the system will likely move into the southwestern Gulf of Mexico/Bay of Campeche, continuing to weaken, while taking aim at parts of eastern Mexico next weekend as a tropical storm.

Unfortunately, the same general area of eastern Mexico will likely now see impacts from all three of the first named storms of the 2024 Atlantic hurricane season. After being hit by Alberto and Tropical Storm Chris, Beryl will likely bring at least some impacts to the same region by later in the upcoming weekend.

Copyright © 2024, ABC Audio. All rights reserved.

Rudy Giuliani disbarred over ‘false and misleading’ statements on 2020 election

Rudy Giuliani disbarred over ‘false and misleading’ statements on 2020 election
Rudy Giuliani disbarred over ‘false and misleading’ statements on 2020 election
Drew Angerer/Getty Images

(NEW YORK) — Rudy Giuliani’s association with former President Donald Trump has cost him his law license.

Giuliani has been disbarred, according to a decision handed down Tuesday by the Appellate Division First Department in New York.

The ruling is a consequence of Giuliani’s “demonstrably false and misleading statements to courts, lawmakers, and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at reelection in 2020.”

This is a developing story. Check back for updates.

Copyright © 2024, ABC Audio. All rights reserved.