Russia downs 30 ‘Ukrainian drones’ in overnight attack, defense ministry says

Russia downs 30 ‘Ukrainian drones’ in overnight attack, defense ministry says
Russia downs 30 ‘Ukrainian drones’ in overnight attack, defense ministry says
omersukrugoksu/Getty Images

(LONDON) — Russia’s Defense Ministry said Sunday it defeated a fresh wave of Ukrainian drone attacks over the west of the country.

The ministry wrote on its official Telegram channel that 29 “Ukrainian drones were destroyed by air defense on duty overnight.”

The ministry said that 15 UAVs were downed over Bryansk region, five over the Kursk region, four over the Smolensk region, two over the Orel region and one each over Belgorod, Kaluga and Rostov regions.

On Sunday morning, the ministry said it shot down an additional Ukrainian drone over the Ryazan region.

Ukraine’s air force said Russia fired two ballistic missiles, one cruise missile and 14 Shahed UAVs into the country on Saturday night. The cruise missile and 10 Shaheds were shot down by air defenses, it wrote on Telegram.

Ukraine did not comment on its alleged overnight drone attack into Russia. Ukrainian leaders and commanders generally do not confirm or deny attacks within Russian borders.

The latest drone and missile exchange followed a large Russian drone assault against Ukrainian cities on Friday night and Saturday morning. Ukraine’s air force said it downed 72 of 76 Shahed drones fired at targets including the capital Kyiv.

Moscow said it also destroyed Ukrainian drones over two western regions on Friday night.

ABC News’ Tanya Stukalova contributed to this report.

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Animal rights group calls for release of Argentina’s last captive orca

Animal rights group calls for release of Argentina’s last captive orca
Animal rights group calls for release of Argentina’s last captive orca
FILE photo — Kevin Schafer/Getty Images

(LONDON) — Animal rights activists are calling for the release of an orca who has been living in Argentina’s largest aquarium for over 30 years.

The orca named Kshamenk, pronounced Shamenk, is the last captive orca in all of Latin America, living in Buenos Aires’ Mundo Marino aquarium since his rescue in 1992.

Recently, viral drone footage showing Kshamenk lying almost motionless in his small concrete pool has brought renewed attention to the fate of the lone orca, with thousands around the world calling for him to be released from captivity.

“Time is not on Kshamenk’s side,” Canadian whistleblowing organization Urgent Seas, which has been leading the campaign for Kshamenk’s release, told ABC News. “The recent deaths of solitary orcas highlight the despair social animals such as Orcas feel when not living in their proper families or with members of their own species.”

“To witness their mental healths decline is gut-wrenching – as we are seeing with Kshamenk,” Urgent Seas said in its statement.

In November 1992, three fishermen sailed from San Clemente del Tuyú, a town on Argentina’s Atlantic coast, to embark on a normal day of sea fishing, according to Mundo Marino’s biography of Kshamenk. A few hours into their trip, the fishermen spotted four black figures lying near the coast in a marshy area of Samborombón Bay, Buenos Aires Province, Argentina.

The figures turned out to be four stranded orcas that had become trapped on a muddy bank.

One of the orcas was Kshamenk – then approximately 3 years old – found by rescue teams in “critical condition” and “showing various signs of weakness” including being “severely decompensated, dehydrated’ and with “very altered blood parameters,” according to the biography.

The group of orcas was presumed by rescuers to have been stranded for approximately two days, becoming stuck in the sand on a mud bank after chasing a school of fish during a higher tide.

After consultation with local authorities, it was considered the “best thing” for the young orca to remain in the care of the Mundo Marino team following rehabilitation, according to the aquarium. The aquarium said specialists who evaluated Kshamenk’s physical and mental health “reject the possibility of transfer” because it would “seriously put her well-being and life at risk.”

According to testimonies of fishermen, it is believed the other three orcas were able to swim back into the sea the next day as the water level rose.

Kshamenk is estimated to be around 35 years old, Mundo Marino told ABC News. He is one of at least 54 orcas currently being kept in captivity in marine parks around the world, according to the International Marine Mammal Project.

Online petitions to free Kshamenk have garnered tens of thousands of signatures, videos posted on TikTok and Instagram shining light on the plight of the orca – which has lived for years without orca companionship – amassing hundreds of thousands of views.

Munro Marino described Kshamenk as a “healthy, curious, active [and] affectionate Orca who enjoys playing and doing activities with her keepers.” On the orca’s health, Mundo Marino said Kshamenk is in “excellent health.”

“His survival would depend on both being accepted by a new pod of orcas and being able to hunt independently, both of which are highly unlikely,” Mundo Marino said in a statement sent to ABC News.

“We are aware of what some activist groups believe about a hypothetical reintroduction; we respect their position, but the reality is that this is a proposal without a consistent scientific basis. It is impossible for Kshamenk to return to the sea without putting his life at serious risk.”

Scientific studies on orcas have found captivity can have “harmful effects’ on the marine mammals. “The scientific data on how both wild-caught and captive-born orcas fare in captivity are increasingly robust in demonstrating that they cannot thrive under artificial circumstances in concrete tanks,” a study by the Department of Internal Medicine at the University of New Mexico found.

“In captivity, orcas exhibit a wide range of abnormal behaviors and often die at an early age from infections and other health conditions that are uncommon in a wild setting.”

Campaigners are calling for the passing of a Kshamenk Law – known as Ley Kshamek in Spanish – a bill that calls for the “prohibition and sanctioning of shows with while marine animals’ and their exhibition or captivity without rehabilitation and reinsertion or reintegration purposes.”

“The time is now,” Urgent Seas told ABC News.

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Israeli defense officials at odds with Netanyahu over Hamas, Hezbollah cease-fire conditions

Israeli defense officials at odds with Netanyahu over Hamas, Hezbollah cease-fire conditions
Israeli defense officials at odds with Netanyahu over Hamas, Hezbollah cease-fire conditions
Israeli Prime Minister Benjamin Netanyahu speaks during a news conference in Jerusalem on September 2, 2024. (OHAD ZWIGENBERG/POOL/AFP via Getty Images)

(TEL AVIV, Israel) — Officials in Israel’s defense establishment are now strenuously contradicting Israeli Prime Minister Benjamin Netanyahu’s insistence that Israel maintain control of the narrow strip of land along the Gaza-Egypt border known as the Philadelphi Corridor, and warning that Netanyahu’s reluctance to sign a cease-fire deal with Hamas is pushing Israel into a potentially disastrous war with Hezbollah in Lebanon, according to Israeli military and senior defense officials who spoke with ABC News.

A war with Hezbollah in Lebanon “is easy to start, but very hard to end,” one such official said, on condition of anonymity. “We are losing the war, we are losing deterrence, we are losing the hostages.”

ABC News, along with other journalists and accompanied by Israeli Defense Forces (IDF) personnel, was given access to the Philadelphi Corridor Friday — a narrow strip of territory roughly a half-mile wide that runs along the entirety of the southern Gaza border with Egypt. What were once blocks of apartments there are now piles of rubble amid a wasteland of dunes. Military officials told ABC News their work in the corridor was mostly done.

IDF and other Israeli military officials, including Defense Minister Yoav Gallant, have called a cease-fire and hostage release deal with Hamas the key to reaching a solution to Israel’s current regional strife. Israel and Hezbollah, which has been launching frequent rocket attacks against northern Israel from Lebanon, have each agreed to the broad parameters of a deal to decrease hostilities, but Hezbollah has said its participation is contingent on Israel reaching a cease-fire deal with Hamas in Gaza — which Hamas says must include all Israeli forces leaving Gaza.

However, many Israeli officials, including several who spoke with ABC News in recent days, believe that Netanyahu is purposely trying to torpedo negotiations to free the remaining Israeli hostages held by Hamas by insisting that the Philadelphi Corridor remain under Israel’s control, though they did not speak to possible reasons for Netanyahu’s insistence.

“If Philadelphi was so important, why did we wait eight months [into the war] to take it?” one senior Israeli official told ABC News.

Those officials now say that Israel is “stuck” in Gaza, able to kill Hamas militants and yet unable to advance one of the Israel-Hamas war’s primary aims, which Israeli Defense Minister Gallant recently told a small group of reporters was the “moral and ethical commitment” to bring Israel’s remaining hostages home. One official said that given the current circumstances, the best Israel can hope for is the repatriation of perhaps 20-30 hostages out of the 100 or so believed to remain in Gaza.

U.S. Envoy Amos Hochstein has been shuttling between Beirut and Jerusalem attempting to broker a cease-fire deal with Hezbollah that would see the latter retreat about 10 kilometers north of their current position in Lebanon, replaced by Lebanese Army forces and personnel from the United Nations Interim Force in Lebanon (UNIFIL), in exchange for small Israeli concessions along the Israeli-Lebanese border. This is the same deal Israeli officials have said has been on the table since January.

Adding urgency to the current situation are general concerns about whether Israel possesses sufficient munitions and missile and rocket/missile interceptors to defend itself in any confrontation with Hezbollah. One senior Israeli official told ABC News that Israel’s hawks, clamoring for war with Hezbollah, are unaware of how difficult it is for Israel to procure Joint Direct Attack Munitions (JDAM) kits, necessary to convert so-called “dumb” bombs into precision guided weapons that use GPS coordinates to strike a target.

Israeli officials are also concerned that Hezbollah’s estimated arsenal of over 100,000 rockets and missiles could cause widespread damage across Israel. Those officials also warn of the potential for destruction on the Lebanese side. For example, during the 2006 Hezbollah-Israel war, Israel’s air force crippled Lebanon’s electrical grid and flattened large swaths of south Beirut.

Israel is also contending with how to respond to a recent attack from Iranian-backed Houthi rebels, after Israel says it intercepted and destroyed a Houthi surface-to-surface missile fired at Israel on Sunday.

The Houthi movement claimed responsibility for the missile attack, claiming in a statement that it was aimed at an “important military target” in the Tel Aviv region. The Houthis claimed the missile flew some 1,267 miles in less than 12 minutes and that Israeli anti-missile defenses “failed to intercept” the weapon. The IDF initially confirmed to ABC News that its defenses failed to intercept the missile but changed its conclusions upon further investigation.

The Israeli officials who spoke with ABC News said that Israel is vowing retaliation, and is investigating how the Houthis managed to twice penetrate Israel’s air defenses in two months.

“The Houthis are here to stay,” said one official, adding that the assessment is that they will likely keep attacking, regardless of a Hamas ceasefire.

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Trump Arlington cemetery incident still under investigation: Sources

Trump Arlington cemetery incident still under investigation: Sources
Trump Arlington cemetery incident still under investigation: Sources
Republican presidential nominee, former President Donald Trump at a wreath laying ceremony at the Tomb of the Unknown Soldier at Arlington National Cemetery, Aug. 26, 2024, in Arlington, Va. (Anna Moneymaker/Getty Images)

(WASHINGTON) — Law enforcement officials at a Virginia military base are still actively investigating an August incident at Arlington National Cemetery involving what has been described as a confrontation between former President Donald Trump’s campaign and a cemetery worker, even as the Army says it considers the matter closed, according to multiple sources familiar with the matter.

As part of the probe led by the Joint Base Myer-Henderson Hall Police Department, an investigator with the base’s police department has sought in recent days to contact Trump campaign officials about the incident, the sources said.

Investigators are seeking to interview the officials involved in the incident, according to the sources.

Stanley Woodward, a lawyer representing the Trump campaign officials, declined to comment when reached by ABC News.

Although the Army oversees Arlington National Cemetery, law enforcement is handled by Joint Base Myer-Henderson Hall in Virginia, as a neighboring base. The base’s police department falls under the Army in an administrative capacity, but operates as a law enforcement agency and is staffed by federal law enforcement officers, not military police.

“The investigation is ongoing at Joint Base Myer-Henderson Hall by base authorities,” a defense official told ABC News in a statement that indicates the Army is not directing the probe.

Last month, the Trump campaign was accused of engaging in a physical and verbal altercation with a staffer at Arlington National Cemetery while the former president was there to mark the third anniversary of the deaths of 13 service members in Afghanistan. Trump’s aides filmed a campaign video in a section of the cemetery where recently fallen service members are buried.

Federal law prohibits campaigns from using the military cemetery for political campaigning or election-related activities.

Trump’s campaign insisted its aides acted appropriately and promised to release video they said would exonerate its staff. That video has not been released.

In the days following the incident, the Army defended the cemetery staffer, saying the person had been “unfairly attacked” — but also said that it considered the matter closed.

“The incident was reported to the JBM-HH police department, but the employee subsequently decided not to press charges. Therefore, the Army considers this matter closed,” an Army spokesperson said on Aug. 29, three days after the incident. “This incident was unfortunate, and it is also unfortunate that the [Arlington National Cemetery] employee and her professionalism has been unfairly attacked.”

When asked for comment on Monday, an Army spokesperson referred ABC News to its Aug. 29 statement. Base authorities at the Joint Base Myer-Henderson Hall did not immediately respond to requests for comment.

Separately, however, the Army on Monday acknowledged the case is still being investigated when it explained why it is blocking the release of documents related to the incident.

In a letter responding to a request filed by ABC News under the Freedom of Information Act, the Army said documents couldn’t be released yet because “those documents are part of an open investigation.”

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Federal agency investigating RFK Jr. after severed whale’s head story resurfaces

Federal agency investigating RFK Jr. after severed whale’s head story resurfaces
Federal agency investigating RFK Jr. after severed whale’s head story resurfaces
Robert F. Kennedy Jr. speaks at the Libertarian National Convention on May 24, 2024, in Washington, D.C. (Kevin Dietsch/Getty Images)

(WASHINGTON) — The National Oceanic and Atmospheric Association is investigating Robert F. Kennedy Jr. after the resurfacing of a decades-old incident in which Kennedy allegedly drove a dead whale’s head across state lines, a representative for the agency told ABC News.

Kate Silverstein, a spokeswoman for NOAA Fisheries, told ABC News Monday that the agency was investigating Kennedy, confirming what the former independent presidential candidate told a crowd in Arizona over the weekend.

“I received a letter from the National Marine Fisheries Institute saying that they were investigating me for collecting a whale specimen 20 years ago,” Kennedy said at the event, where he was campaigning for former President Donald Trump, whom he endorsed after suspending his own campaign.

In a 2012 Town and Country article, Kennedy’s daughter, Kick Kennedy, told an anecdote about her father’s handling of a dead whale that washed up on a Massachusetts beach.

Robert Kennedy used a chainsaw to cut off the head of the whale and strapped it to the roof of his minivan roughly three decades ago, Kick Kennedy recounted.

The story resurfaced last month and drew condemnation from at least one environmental group, which called for the NOAA to investigate.

Silverstein did not respond to a question seeking confirmation that NOAA’s investigation was related to the incident Kick Kennedy described.

She said the agency does not comment on ongoing investigations.

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How the FBI could recover suspected Trump gunman’s ‘obliterated’ rifle serial number

How the FBI could recover suspected Trump gunman’s ‘obliterated’ rifle serial number
How the FBI could recover suspected Trump gunman’s ‘obliterated’ rifle serial number
Law enforcement personnel continue to investigate the area around Trump International Golf Club after an apparent assassination attempt on former President Donald Trump on Sept. 16, 2024 in West Palm Beach, Fla. (Joe Raedle/Getty Images)

(NEW YORK) — As the investigation into Sunday’s apparent assassination attempt on former President Donald Trump continues, the FBI is turning its attention to the obliterated serial number of the recovered assault-style weapon, using highly specialized techniques to uncover what’s been altered on the surface of the rifle.

Investigators are working to understand how suspected gunman Ryan Wesley Routh, who, according to court records, has a felony criminal history, allegedly obtained the semi-automatic SKS rifle.

In the tree-lined, chain link fenced area surrounding the Trump International Golf Club where the suspect was spotted by Secret Service personnel Sunday, agents found a digital camera, two bags, including a backpack and a loaded SKS-style 7.62×39 caliber rifle with a scope, according to a criminal complaint released Monday.

The serial number on the rifle “was obliterated and unreadable to the naked eye,” the complaint states.

Analysis into firearms includes conducting an urgent firearms trace. But to begin a gun trace, investigators need a serial number, and in this case, that key information was allegedly obliterated.

However, agents have several forensic techniques they can employ to restore obliterated serial numbers from a firearm.

Sources told ABC News Monday the FBI is forensically examining the firearm at its lab.

How investigators could recover an ‘obliterated’ serial number

Firearms manufactured in or imported to the U.S. are required by law to have a conspicuously engraved, cast or stamped serial number.

SKS-type firearms are not manufactured in the U.S.; they are typically manufactured in Russia or China and imported to the U.S. with stamped serial numbers, according to firearms expert and retired ATF executive Scott Sweetow.

“When the metal is stamped, and the deeper the stamp was originally, the more likely that the metal is to be deformed a significant amount below the surface,” Sweetow said in an interview with ABC News.

“And even if you take a grinder or scratch it out, or try to sand it out, those markings, the impression and the metal were deformed from the original serial number stamping process … those markings are going to typically survive,” Sweetow added.

Using a combination of specialized chemicals and instruments, investigators can reveal the serial numbers that, to the human eye, appear to be permanently removed, according to Sweetow.

As part of the process, chemical treatments are applied to “eat away” some of the defacement, grinding or scratching that was done to obscure the serial number, which is followed by using special instrumentation to view the previously invisible numbers “for what I would almost describe as a shadow that’s left in the metal where it was pressed down,” Sweetow said.

FBI and ATF also possess more advanced capabilities, including x-ray and magnetic resonance imaging, to peer deeper into the metal beyond what can be seen at the surface.

Though obliterated serial numbers can pose a challenge, investigators frequently overcome criminal efforts to hide the numbers.

“It certainly makes it a little tougher for investigators, but so many people obliterate serial numbers now or deface face them that the forensic techniques have gotten actually pretty good, to restore them much better than they were, say, 20 years ago,” Sweetow said.

Routh’s alleged possession of a firearm by a convicted felon carries a potential sentence of 15 years in prison, and the possession of a firearm with an obliterated serial number can carry an additional five years if convicted, according to federal statute.

Routh appeared in West Palm Beach federal court on Monday morning. Prosecutors said he is charged with possession of a firearm as a convicted felon and possession of a firearm with an obliterated serial number.

Routh did not enter a plea to the charges and was ordered to return to court on Sept. 23 for a pre-detention hearing. His arraignment has been scheduled for Sept. 30.

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Lieutenant testifies in case of officers accused of beating Tyre Nichols to death

Lieutenant testifies in case of officers accused of beating Tyre Nichols to death
Lieutenant testifies in case of officers accused of beating Tyre Nichols to death
amphotora/Getty Images

(MEMPHIS, Tenn.) — The federal trial of three former Memphis police officers charged in connection with the January 2023 beating death of Tyre Nichols continued Monday, with the cross-examination of a Memphis Police Department (MPD) lieutenant who trained the defendants.

Kevin Whitmore, who is representing ex-officer Tadarrius Bean, cross-examined Second Lt. Larnce Wright on training methods at the police academy, noting that Wright did not train Bean in several courses, so he could not speak to what Bean was taught, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom.

Wright did not teach the officers how to write reports, provide medical classes for them or teach them about the duty of an officer to intervene if another officer engages in misconduct, according to WATN.

Last Thursday, Wright testified that the scenario of the initial traffic stop involving Nichols should have been low-risk, according to WATN. Wright said during the initial stop, Nichols voicing that he was trying to do what was asked should have led officers to deescalate the situation. Wright claimed officers were not following training for several reasons and described Nichols’ behavior as human nature, according to WATN.

The former officers — Bean, Demetrius Haley and Justin Smith — were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid — charges that carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.

On Monday, Whitmore showed Wright several presentation slides he uses in training, which the attorney said denoted that there is no such thing as a routine traffic stop, which “could turn violent in an instant,” according to WATN.

The defense argued that training is only as good as the trainer.

Wright claimed that if a violent felony was not committed, pursuit is not allowed, according to WATN. Body-camera footage shows Nichols fled after police initially pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes later. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The beating triggered protests and calls for police reform.

Memphis Police Chief Cerelyn Davis said she has been unable to substantiate Nichols was driving recklessly.

Whitmore asked Wright if an officer could have tunnel vision during an arrest, alluding to the possibility that Bean was focused on handcuffing Nichols and didn’t see what was happening to the suspect, according to WATN.

Desmond Mills Jr. and Emmitt Martin III, the two additional officers who were also charged in this case, have pleaded guilty to some of the federal charges.

Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.

The prosecution told ABC News in a statement Thursday that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.

After the police encounter, Nichols was transferred to the hospital in critical condition where he later died. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.

Michael Stengel, Haley’s attorney, officially asked for a mistrial on Friday due to the forms — known as response to resistance — that were submitted as evidence for the trial, according to WATN. The ex-officers were required to fill out these forms to explain their use of force against Nichols. Stengel argued the documents were protected by Garrity. Garrity rights protect public employees from being compelled to self-incrimination during investigative interviews conducted by their employers, according to a Tennessee attorney general legal document. Stengel argued that the response to resistance forms the ex-officers filled out could not be used as evidence to protect the ex-officers’ Garrity rights.

Judge Mark Norris decided the documentation forms do not violate the ex-officers’ Garrity rights and ruled in favor of keeping them as evidence, according to WATN. Norris said on Monday that there are 37 witness testimonies left in the trial, and that a juror has potentially been lost due to illness, according to WATN.

Martin, one of two ex-officers who plead guilty to charges connected to the death of Tyre Nichols, was called to the stand after Wright was finished with questioning. Martin began his testimony Monday, towards the end of day.

The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that has since been disbanded after Nichols’ death. All the officers were fired for violating MPD policies.

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Judge denies Meadows’ request to move Arizona ‘fake elector’ case to federal court

Judge denies Meadows’ request to move Arizona ‘fake elector’ case to federal court
Judge denies Meadows’ request to move Arizona ‘fake elector’ case to federal court
SimpleImages/Getty Images

(WASHINGTON) — A federal judge on Monday denied former White House Chief of Staff Mark Meadows’ request to have the Arizona “fake elector” case against him moved to federal court from Arizona state court.

Meadows, along with 17 others, was charged in Arizona with forgery and conspiracy over alleged efforts to overturn the results of the 2020 election in the state. He has pleaded not guilty.

In August, Meadows’ attorneys argued the case should be moved to federal court because the indictment “squarely relates to Mr. Meadows’s conduct as Chief of Staff to the President.” The argument is similar to the one Meadows has made for months in his Fulton County, Georgia, case, citing a law that calls for the removal of criminal proceedings when someone is charged for actions they allegedly took as a federal official.

U.S. District Court Judge John J. Tuchi said the state charges — nine felony counts for his role in the effort to overturn former President Donald Trump’s Arizona election loss — is “unrelated” to Meadows’ official duties.

“Although the Court credits Mr. Meadows’s theory that the Chief of Staff is responsible for acting as the President’s gatekeeper, that conclusion does not create a causal nexus between Mr. Meadows’s official authority and the charged conduct,” Tuchi said.

“The Court finds that Mr. Meadows fails to present good cause for his untimely filing of his Notice of Removal, and that in any event, an evaluation on the merits yields that he fails to demonstrate that the conduct charged in the state’s prosecution relates to his former color of office as Chief of Staff to the President,” Attorney General Kris Mayes said in a statement in response to the ruling. “The Court therefore will remand this matter to the state court.”

Earlier this summer, charges were dropped against former Trump campaign attorney Jenna Ellis in exchange for cooperation in the case.

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Lawyers spar over evidence ahead of Smartmatic’s election defamation case against Newsmax

Lawyers spar over evidence ahead of Smartmatic’s election defamation case against Newsmax
Lawyers spar over evidence ahead of Smartmatic’s election defamation case against Newsmax
A Newsmax microphone is seen during the third day of the 2024 Republican National Convention at the Fiserv Forum in Milwaukee, July 17, 2024. (Patrick T. Fallon/AFP via Getty Images)

(NEW YORK) — Attorneys for the voting machine company Smartmatic and the cable channel Newsmax argued at a hearing Monday over evidence and witnesses expected to be presented when Smartmatic’s defamation case against the news channel goes to trial later this month.

Smartmatic has accused Newsmax of publishing dozens of false reports claiming that Smartmatic helped rig the 2020 election. Newsmax has argued, in part, that they were reporting on newsworthy claims of fraud.

Howard Cooper, an attorney for Newsmax, argued at Monday’s hearing that the news channel should be able to introduce videos of broadcast segments that he says rebut Smartmatic’s argument that “Newsmax took this position of election fraud [and] not calling the election” for winner Joe Biden.

“One of the ways that we can rebut that theory is by showing shows that were contrary to President Trump’s position,” Cooper said of former President Donald Trump, who falsely claimed there had been massive election fraud.

The two sides also argued over the inclusion of witnesses who would testify about whether Newsmax, in the course of its reporting, reached out to Smartmatic — or instead only reached out to Dominion, another voting machine company that was falsely accused of wrongdoing.

Dominion, in a separate case last year, reached a $787 million settlement with Fox News in a $1.6 billion defamation lawsuit.

Newsmax officials have said under oath that the company contacted or attempted to contact Smartmatic during its coverage of the election and its aftermath.

“We’re not disputing that Dominion and Smartmatic are not the same,” said an attorney for Newsmax. “Some of these Newsmax personnel did get to contact Dominion. It is relevant to the case. It’s relevant to their state of mind.”

“I’d love for you to make that argument if I’m on the other side,” Delaware Superior Court Judge Eric Davis said in response. “Here is the executive producer of this show, and he doesn’t know the difference between Exxon and Chevron.”

After a lengthy argument about other types of evidence the parties would like to introduce at the trial, the judge reviewed the potential witness list and emphasized the need for clear and concise jury instructions.

At one point during the hearing, an attorney for Newsmax requested permission to depose Smartmatic’s damages expert, arguing that the expert’s “reports and charts” on the damages have changed frequently.

“I would only add they were looking for somewhere, and we don’t know yet, between $400 and $600 million in this case,” an attorney for Newsmax said, criticizing “the idea that we would go to a trial without having a full opportunity to do an up-to-date examination of their damages expert.”

An attorney for Smartmatic pushed back, saying that Newsmax attorneys have previously deposed the expert and that “none of the information has changed.”

Judge Davis said he would rule soon on each of the motions.

The trial is scheduled to begin on Sept. 30 in Delaware.

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Israel-Gaza live updates: Blinken to travel to Egypt for fresh talks

Israel-Gaza live updates: Blinken to travel to Egypt for fresh talks
Israel-Gaza live updates: Blinken to travel to Egypt for fresh talks
pawel.gaul/Getty Images

(NEW YORK) — Secretary of State Antony Blinken will travel to Egypt on Wednesday for fresh talks on an Israel-Hamas cease-fire, and as tension with Hezbollah persists at the Israel-Lebanon border.

Here’s how the news is developing:

Islamic Jihad rocket commander ‘eliminated’ in Gaza, IDF says

The Israel Defense Forces said it “eliminated” the head of the Islamic Jihad militia group’s southern rocket and missile unit in a Monday airstrike on a humanitarian zone in southern Gaza.

Ahmed Aish Salame al-Hashash was the commander of the Islamic Jihad’s rocket forces in the southern Rafah area, the IDF said in a statement. He was “an important source of knowledge of rocket fire within the Islamic Jihad terror organization in Gaza,” the IDF added.

Al-Hashash was killed while “operating inside the Humanitarian Area in Khan Younis,” the IDF said, referring to one of the areas designated by the Israeli military as safer locations for civilians amid the devastating campaign in Gaza.

“Prior to the strike, numerous steps were taken to mitigate the risk of harming civilians, including the use of precise munitions, aerial surveillance, and additional intelligence,” the IDF said.

The IDF often launches strikes inside Gaza humanitarian zones in pursuit of militant leaders.

Gaza Health Ministry identifies more than 34,300 people killed

The Hamas-run Gaza Health Ministry published a 649-page document identifying 34,344 people killed in the strip between Oct.7, 2023 and Aug. 31, 2024.

The document includes the name, age, gender and identification number of each person killed.

The first 13 pages of the document include names of people all under 1 year old.

The document only includes the names of those the Health Ministry said it has been able to identify. Thousands more who are a part of the overall death toll are considered missing, the ministry said.

The current death toll in Gaza is 41,226 as of Sept. 16, according to the Hamas-run ministry.

Blinken to travel to Egypt

Secretary of State Antony Blinken will travel to Egypt this week to discuss efforts to reach a Gaza cease-fire and hostage release deal, the State Department said.

Blinken will travel to Egypt Wednesday through Friday to co-chair the opening of the U.S.-Egypt Strategic Dialogue with Egyptian Foreign Minister Badr Abdelatty, the department said.

He will also meet with Egyptian officials “to discuss ongoing efforts to reach a ceasefire in Gaza that secures the release of all hostages, alleviates the suffering of the Palestinian people, and helps establish broader regional security,” the State Department said in a statement.

State Department doesn’t have timeline on new cease-fire proposal

State Department spokesperson Matt Miller declined to predict when a new Gaza cease-fire and hostage release deal proposal might be ready.

“We continue to engage with our partners in the region, most specifically with Egypt and Qatar, about what that proposal will contain, and making sure — or trying to see that it’s a proposal that can get the parties to an ultimate agreement,” Miller told reporters Monday.

“I don’t have a timetable for you other than to say that we are working expeditiously to try to develop that proposal, try to find something that would bring both the parties to say yes and to formally submit it,” Miller added.

Secretary of State Antony Blinken had previously said more than a week ago that a proposal would be presented to both Israel and Hamas “in the coming days.”

Miller said Monday that — just like in the negotiations overall — the main hurdles for creating the new proposal were the security situation in the Philadelphi corridor and the number of hostages and Palestinian prisoners that would be released.

‘Trajectory is clear’ at Israel-Lebanon border: Gallant

Time is running out for a diplomatic solution to the ongoing conflict at the Israel-Lebanon border, Israeli Defense Minister Yoav Gallant told Secretary of Defense Lloyd Austin in an overnight phone call.

“Hezbollah continues to ‘tie itself’ to Hamas — the trajectory is clear,” Gallant told Austin per a readout from the Israeli Defense Ministry.

Gallant “reiterated Israel’s commitment to the removal of Hezbollah presence in southern Lebanon, and to enabling the safe return of Israel’s northern communities to their homes,” the defense ministry said.

Cross-border fighting between the Israel Defense Forces and Hezbollah — which is aligned with Iran and Hamas through the so-called “Axis of Resistance” — has been near-constant since Oct. 8.

Tens of thousands of Israelis have left their homes in the north of the country amid the fighting, with Israeli leaders repeatedly threatening a significant military operation to pacify Hezbollah forces operating in southern Lebanon.

Prime Minister Benjamin Netanyahu said in a Sunday statement that the “current situation will not continue. This requires a change in the balance of forces on our northern border. We will do whatever is necessary to return our residents securely to their homes.”

-ABC News’ Jordana Miller

Israel now says Houthi missile was hit by interceptor

A missile described by the Houthis as a “new hypersonic ballistic missile” was hit by an Israeli interceptor, Israeli military officials said Sunday, after initially saying it got through its defenses and fell in an open area.

An Israeli interceptor hit the missile fired into central Israel from Yemen, causing it to fragment, according to Israeli officials. The missile was not destroyed, but caused no damage, the Israeli officials said.

“The conclusion into the review of the surface-to-surface missile that was fired this morning is that there was a hit on the target from an interceptor, as a result of which the target fragmented but was not destroyed,” an Israeli military official said in a statement.

The Houthi movement claimed responsibility for the missile attack, claiming in a statement that it was aimed at an “important military target” in the Tel Aviv region. The Houthis claimed the missile flew some 1,267 miles in less than 12 minutes and that Israeli anti-missile defenses “failed to intercept” the weapon.

The Israel Defense Forces initially confirmed to ABC News that its defenses failed to intercept the missile but changed its conclusions upon further investigation.

-ABC News’ Victoria Beaule

IDF: ‘High probability’ 3 hostages were killed by Israeli airstrike in November

On Sunday, the Israel Defense Forces released the results of its investigation into the circumstances surrounding the deaths of three hostages, whose bodies were recovered from Gaza by IDF forces in December.

The three hostages — two soldiers, Ron Sherman and Nik Beizer, and civilian Elia Toledano — were killed “as a byproduct” of an Israeli airstrike on the compound where they were being held, according to the investigation. The IDF said the strike was targeting a Hamas commander, and that they believed the hostages were being held elsewhere.

“The findings of the investigation suggest a high probability that the three were killed as a result of a byproduct of an IDF airstrike, during the elimination of the Hamas Northern Brigade commander, Ahmed Ghandour, on November 10th, 2023,” the IDF said Sunday in a statement.

-ABC News’ Jordana Miller

Netanyahu vows to inflict ‘high price’ for Houthi missile attack

Israeli Prime Minister Benjamin Netanyahu vowed to retaliate against the Houthi movement after a missile fired from Yemen fell in central Israel on Sunday morning.

“This morning, the Houthis launched a surface-to-surface missile from Yemen at our territory,” Netanyahu said before a cabinet meeting. “They should know that we exact a high price for any attempt to attack us.”

“Whoever needs a reminder of this, is invited to visit the port of Hodeidah,” the prime minister added, referring to Israel’s bombing of the strategic Yemeni port in July after a Houthi drone strike killed one person in Tel Aviv.

“Whoever attacks us will not evade our strike,” Netanyahu said.

-ABC News’ Jordana Miller

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