Six months after Capitol riot, progress meets with push for further investigation

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(WASHINGTON) — While Capitol Police are marking six months since the Jan. 6 attack on the U.S. Capitol by touting changes the agency has made to better prepare for such incidents, Congress continues its push for further investigations into the deadly incident.

In a letter released by the Capitol Police Tuesday morning, Acting Capitol Police Chief Yogananda Pittman paid tribute to the officers who lost their lives defending the Capitol in January and charted a path forward for the agency.

“We will never forget USCP Officers Brian Sicknick and Howie Liebengood, who died after the attack, nor the sacrifices of the nearly 150 law enforcement officers who were injured,” she wrote. “Throughout the last six months, the United States Capitol Police has been working around the clock with our Congressional stakeholders to support our officers, enhance security around the Capitol Complex, and pivot towards an intelligence-based protective agency.”

A Jan. 6 rally in support of then-President Donald Trump turned deadly after Trump encouraged his supporters to march to Capitol Hill, where Congress was meeting to certify Joe Biden’s election win.

Rioters breached barricades and security checkpoints, forcing Vice President Mike Pence and lawmakers to evacuate or shelter in place, temporarily disrupting the certification. Five people, including Capitol Police officer Brian Sicknick, died during or after the riot, 140 police officers were injured and the Capitol building suffered approximately $1.5 million in damage.

Pittman touted changes the agency has made since then, such as increased information sharing and training.

She wrote that the U.S. Capitol Police have opened offices in Florida and California to monitor threats outside the D.C. area, with more offices set to open, and is working with Congressional oversight committees so the Capitol Police can immediately request assistance from the National Guard.

The National Guard, which was stationed at the Capitol since Jan. 6, left on May 24.

“Those are just some of the improvements the United States Capitol Police is making, with the support of our Congressional stakeholders, in the wake of the January 6 attack,” Pittman wrote.

The Justice Department has charged more than 500 people with actions related to the riot at the Capitol — with crimes ranging from misdemeanors to conspiracy.

The FBI is still on the hunt for the suspect who it says placed pipe bombs outside the Democratic National Committee and Republican National Committee the night before the riot.

The U.S. Capitol has seen an increase in physical security measures since the riot as well.

In a statement, Capitol police say they don’t discuss plans due to security concerns, but the outer permitter of the fencing that has been around the Capitol since right after the attack came down on March 24 and the remainder is slated to come down this week, sources familiar with the plan told ABC News.

The move comes as House Speaker Nancy Pelosi created a House Committee to investigate the events of Jan. 6 last week after Republicans in the Senate blocked the creation of a bipartisan committee to investigate the attack in a late May vote.

Senate Minority Leader Mitch McConnell pointed to investigative work being done by Senate committees, most notably a joint effort by the Senate Rules and Homeland Security, as evidence for why a bipartisan commission was not needed.

That joint effort yielded a 95-page report that found “significant breakdowns ranging “from federal intelligence agencies failing to warn of a potential for violence to a lack of planning and preparation by (U.S. Capitol Police) and law enforcement leadership.”

But the joint report was narrow in scope and did not examine events leading up to the Jan. 6 insurrection. Democrats called for further action, prompting Pelosi to form the select committee.

She tapped GOP Rep. Liz Cheney, who was stripped from her No. 3 leadership position in the House Republican conference due to her criticism of former President Donald Trump, to serve on the committee, along with seven other Democrats.

“We are very honored and proud she has agreed to serve on the committee,” Pelosi told reporters Thursday.

House Homeland Security Chairman Rep. Bennie Thompson, D-Miss., will serve as chairman, which was widely expected.

House Republican Leader Kevin McCarthy is allowed to appoint five Republicans to the committee, in consultation with Pelosi, who has ultimate veto power, but McCarthy has not yet named Republican members to the committee.

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‘We’ve lived through some of our darkest days’: Biden reflects on 4th of July, COVID

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(WASHINGTON) — Emerging from the White House to “Hail to the Chief,” President Joe Biden addressed the largest event of his administration to declare: “All across this nation we can say America is coming back together.”

“This year, the Fourth of July is a day of special celebration. For we are emerging from the darkness of years. A year pandemic and isolation. A year of pain, fear and heartbreaking loss. Just think back to where this nation was a year ago. Think back to where you were a year ago. And think about how far we’ve come,” Biden said to applause from the crowd of 1,000 military families and essential workers.

Throughout his remarks, Biden sought to draw a sharp contrast between where the country was a year ago, and today, praising the American people for helping to get the virus under control by rolling up their sleeves to get their vaccination shots — though the nation missed his goal of having 70% of Americans vaccinated with at least one dose of the COVID-19 vaccine by July 4.

While Biden used soaring rhetoric to celebrate the country’s success so far, he stressed the fight is not over, referencing the delta variants of the virus that have concerned medical experts, as cases spike in areas with low vaccination rates.

“Thanks to our heroic vaccine effort, we’ve gained the upper hand against this virus. We can live our lives, our kids can go back to school, our economy is roaring back. Don’t get me wrong. Covid-19 has not been vanquished. We all know powerful variants have emerged like the Delta variant,” Biden said.

“But the best defense against these variants is to get vaccinated. My fellow Americans, it’s the most patriotic thing you can do. So please, if you haven’t gotten vaccinated. Do it. Do it now. For yourself, for your loved ones, for your community, and for your country. You know, that is how we’ll stay ahead of these variants and protect the hard-won progress we’ve made,” the president continued.

“We never again want to be where we were a year ago today,” he added, with a wagging finger. “So today, while the virus hasn’t been vanquished, we know this: It no longer controls our lives. It no longer paralyzes our nation. And it is within our power to make sure it never does again.”

Pulling a card from his pocket, Biden struck a somber tone as he read the total number of U.S. COVID-19 deaths to date — 603,018 people lost their lives to the virus — and paid tribute.

“Each of them meant the world to someone they left behind. And those of you who have been through all this, know that to heal, you have to remember. We have to remember them. And we will. We commit to always remember them. That’s what we’ll do,” he said.

While partisan divisions have also caused a split in the vaccination views, Biden sought to pitch a message of unity, urging the country to come together to continue to get a handle on the virus and get back on track.

“You know, history tells us, when we stand together, when we unite in common cause, when we see ourselves not as Republicans or Democrats, but as Americans, then there is simply no limit to what we can achieve. None. Today we see the results of the unity of purpose. The unity of purpose we are forging — we’re our nation,” Biden said.

“For together we’re beating the virus,” he continued. “Together we’re breathing life into our economy. Together we will rescue our people from division and despair. But together we must do it. Over the past year, we’ve lived through some of our darkest days. Now I truly believe, I give my word, we are about to see our bright future.”

Earlier Sunday, Vice President Kamala Harris and second gentleman Doug Emhoff paid a visit to some firefighters in Los Angeles, along with Congressman Ted Lieu and his wife, Betty.

“Let’s take a minute to also reflect on what you all did during that last year and a half to keep pushing and you didn’t stop. You didn’t have the ability to stay at home. You were there to serve. So it’s an important day to also reflect on — on the good, right? And the fight, and our commitment to it. So thank you all,” she said.

The group visited Los Angeles Fire Department Station 19 in Brentwood, California, and both Harris and Emhoff noted that it is their neighborhood station.

“It’s personal to us,” Emhoff said. “This is our neighborhood station, so thank you for everything you do for our neighborhood, our neighbors. I know we’ve been evacuated a couple of times, and you guys were ready to protect our family. And we really appreciate it.”

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White House official acknowledges younger Americans are ‘less eager’ to get vaccinated

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(WASHINGTON) — The lead White House COVID-19 response coordinator acknowledged Sunday that younger Americans feel less vulnerable to COVID-19, making them less likely to get vaccinated.

“Younger particularly those in their 20s, have felt less vulnerable to the disease and, therefore, less eager to get shots. They were made eligible later so they have not been eligible as long and we continue to see hundreds of thousands of young people vaccinated each week,” Jeff Zients told ABC “This Week” Co-anchor Martha Raddatz.

“If you are vaccinated, you’re protected. And if you’re not vaccinated, you’re not protected. And that’s particularly important for everyone, including young people, in light of delta variant,” Zients added.

However, in a new ABC News/Washington Post poll, among those not vaccinated, 74% said they probably or definitely won’t get a shot, which is up from 55% in April.

The high percentage of unvaccinated people who do not want to get a shot is raising concerns that vaccine rates could remain stagnant as the highly transmissible delta variant of COVID-19 spreads across the country. It’s estimated that the delta variant was found in approximately 26% of new coronavirus cases in the U.S.

“Our polls even show that 74% of those people will probably not or definitely won’t get a shot. So what does it mean for getting rid of the virus nationwide? Will it continue to be with us indefinitely?” Raddatz asked.

“We are seeing increases in cases in those areas in the country where there’s lower vaccination rates. So, it’s really important that people get vaccinated,” Zients responded. “The good news is confidence in the vaccine — those saying they’re willing to get vaccinated — has increased across time as more and more people know people who’ve been vaccinated and can see the benefits of being vaccinated.”

This type of encouragement might be working for some, including 20-year-old Ally Kirk of West Virginia, who told Martha Raddatz earlier this week she changed her mind and decided to get vaccinated.

“A lot of my friends started getting it. My parents were vaccinated. I felt a lot more comfortable with it. I did some research on my own. And I felt that it was time for me to get it. I was ready. I’m ready to move past COVID and get on with life back to normal,” Kirk told Raddatz.

“We do have a lot to celebrate,” Zients said Sunday. “We are much further along than I think anyone anticipated in this fight against the pandemic,” adding that 90% of adults 65 or older have received at least one shot of a COVID-19 vaccine.

But Raddatz pressed Zients for a more direct answer on the impact the unvaccinated will have on the nation’s fight to end the pandemic.

“But what does it mean for the nation if we have all these unvaccinated people who say they’re just not going to get it?” Raddatz asked.

“Well, we are — we are vaccinating millions of Americans each week. And we’re going to continue to do that. We’re going to continue to drive up the vaccination rate and we’re optimistic that more and more people will get vaccinated,” Zients responded.

As the Biden administration has officially fallen short of its goal to fully immunize 160 million Americans and to ensure 70% of adults get at least one shot by the Fourth of July, Raddatz also asked Zients about the mixed messaging of President Joe Biden preparing to host more than 1,000 first responders at the White House for Independence Day.

“I assume they’re taking precautions. But is having large crowds gather really the right message right now?” Raddatz asked.

“The event at the White House is being done in the right way. It’s an outdoor event with testing and screening. Vaccinated people are not wearing masks. Unvaccinated people masked,” Zients responded. “That said, we are doubling down on our efforts. Across the summer months, we will vaccinate millions more people because you need to get vaccinated to be protected against the Delta variant, and against this disease overall.”

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Vaccine hesitant are in ‘death lottery,’ W.Va. governor says

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(WASHINGTON) — As the country marks its 245th Independence Day, the Biden administration has officially missed its target of getting 70% of all adults at least one shot of a COVID-19 vaccine. And as state governments examine what went wrong with their vaccine rollout programs, a culprit is clear: the younger population is significantly less likely to be vaccinated.

“At the end of the day, the young people — we’re having a hard time getting them across the finish line and getting them vaccinated,” West Virginia Gov. Jim Justice told ABC “This Week” Co-anchor Martha Raddatz.

“They’re young people all across this country that are not getting vaccinated,” Justice added. “It’s a challenge. That’s all there is to it.”

Nationally, 67% of all adults have received one dose, but only 56.1% of adults in West Virginia have received one dose of a COVID-19 vaccine — a surprise from a state that was lauded months ago as being one of the leaders in the U.S. on vaccine distribution.

When that statistic is broken down by age group, the vaccination rate plummets in younger generations. While more than 78% of the U.S. population over the age of 65 is vaccinated in the United States, according to the U.S. Centers for Disease Control and Prevention, only 39.5% of 18- to 24-year-olds are fully vaccinated against COVID-19.

“Let’s go back to who’s not getting vaccinated,” Raddatz said. “The statistics will show it’s poverty, race and you just look at the map — it’s a lot of red states.”

“Well, I mean, there’s some truth to that and everything,” Justice responded. “Because, you know, the red states probably have a lot of people that, you know, are very, very conservative in their thinking. And they think, ‘Well, I don’t have to do that.’ But they’re not thinking right.”

“Do you really think those people who aren’t vaccinated — who as you said may be more conservative, may not want anybody in their business — are really ever going to get vaccinated?” Raddatz asked. “What could actually put them over the edge to want it at this point?”

“Well, Martha, I hate to say this, is what would put them over the edge, is an awful lot of people die,” Justice responded. “The only way that’s going to happen is a catastrophe that none of us want.”

“And so, we’re just going to keep trying,” he added.

In the capital of West Virginia, the local Kanawha-Charleston Health Department is only vaccinating eight to 10 people a day, according to Dr. Sherri Young, a health officer and the executive director of the health department. On their best day earlier this year, they had administered 5,344 shots.

“Do you think that last little trickle out there — which is pretty sizable — will ever do it?” Raddatz asked Young.

“Probably not,” Young replied.

According to a new ABC News/Washington Post poll, 74% of people who are unvaccinated probably won’t get a shot, which is up from 55% in April.

While reporting in West Virginia, ABC News came across dozens of individuals under the age of 35 who were still unvaccinated.

William Paterson, 22, of Morgantown, West Virginia, told Raddatz he would “probably not” get the vaccine because he felt he wasn’t at risk.

“Do you worry that you might give it to someone else?” Raddatz asked Paterson.

“A lot of the people in my family that are at health risks are already vaccinated, so I’m not really that worried about it right now,” he replied.

The state of West Virginia has continued to try incentivizing people to get vaccinated, offering multiple lotteries: a million dollar cash prize, custom-outfitted trucks, full four-year scholarships to any public institution in the state, lifetime hunting and fishing licenses, custom hunting rifles and shotguns, and getaways to West Virginia State Parks.

When asked if the vaccine lottery swayed his decision to get vaccinated, Paterson said “it doesn’t change anything really.”

Justice told ABC News that people are gambling with their lives.

“When it really boils right down to it, they’re in a lottery to themselves,” Justice said. “We have a lottery, you know, that basically says, ‘if you’re vaccinated, we’re going to give you stuff.'” “Well you’ve got another lottery going on,” Justice later added. “And it’s the death lottery.”

“I was saying earlier, that it’s the old, ‘you can lead a horse to water but you can’t make ’em drink,’ right?” Raddatz said to the governor. “You’ve provided the vaccine, and yet…”

“Maybe what you got to do is lead them to water — and then if they won’t drink — you’ve got to just, some way, stand up and push their head down to some way — at least a few will drink,” Justice responded. “And that’s what we got to do.”

Some young adults are gradually visiting their local pharmacies though. Ally Kirk, 20, got vaccinated the day ABC News spoke with her.

“Well, a lot of my friends started getting it,” Kirk told Raddatz, while explaining what changed her mind about getting vaccinated. “My parents were vaccinated. I felt a lot more comfortable with it. I did some research on my own, and I felt that it was time for me to get it. I was ready. I’m ready to move past COVID and get on with life back to normal.”

ABC “This Week” Co-anchor Martha Raddatz and ABC News’ Nate Luna contributed to this report.

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Biden backs removing sexual assault, harassment cases from military chain of command

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(WASHINGTON) — President Joe Biden has announced his support for the recommendation that prosecution of sexual assaults and sexual harassment cases be removed from the military chain of command in favor of independent prosecutors to handle those cases.

Recommended by an independent civilian panel that looked at sexual assault in the military, the change has been long been supported by advocates for sexual assault victims who say it will improve the handling of sexual assault allegations.

Defense Secretary Lloyd Austin had already announced that he backed the same recommendation made by the Independent Review Commission on Sexual Assault on the Military when the group presented him with recommendations.

“I strongly support Secretary Austin’s announcement that he is accepting the core recommendations put forward by the Independent Review Commission on Military Sexual Assault (IRC), including removing the investigation and prosecution of sexual assault from the chain of command and creating highly specialized units to handle these cases and related crimes,” Biden said in a statement released Friday.

“Sexual assault is an abuse of power and an affront to our shared humanity,” he added. “And sexual assault in the military is doubly damaging because it also shreds the unity and cohesion that is essential to the functioning of the U.S. military and to our national defense.”

“Today’s announcement is the beginning, not the end of our work,” Biden said. “This will be among the most significant reforms to our military undertaken in recent history, and I’m committed to delivering results.”

Biden said he looked forward to working with Congress “to implement these necessary reforms and promote a work environment that is free from sexual assault and harassment for every one of our brave service members.”

The change to remove the military chain of command from prosecutions has been the centerpiece of legislation championed by Sen. Kirsten Gillibrand, D-N.Y., for the last decade.

Recently, Gillibrand has received bipartisan support for a bill that has been previously voted down and not backed by the Pentagon.

But Gillibrand’s bill has not received the support of key lawmakers on the Armed Services Committees who are opposed to the removal of the chain of command from all felony cases, not just sexual assault prosecutions.

While Biden expressed support for the change in military sexual assault prosecutions, ahead of Friday’s announcement two senior administration officials seemed to indicate that Biden does not support broader changes in Gillibrand’s bill.

The officials said the independent panel recommends that the changes be enacted by Congress this year but that they not go into effect until 2023 to help build the infrastructure needed to bring special victims prosecutors on board.

“We reject the notion that shifting legal decisions about prosecution from command to prosecutors diminishes the role of those commanders,” said one of the officials.

“We believe, instead, that it enhances their role and places them in the lead of taking care of their people — the number one job of commanders — and creating climates of no tolerance for sexual assault, sexual harassment, and related crimes” the official added.

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Gay couple wins case against florist after Supreme Court rejects appeal

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(WASHINGTON) — Over the objections of three conservative justices, the US Supreme Court has turned away an appeal from a Washington State flower shop that violated state anti-discrimination law by refusing to serve a same-sex couple on religious grounds.

The decision means a California Supreme Court judgment against Arlene’s Flowers and owner Barronelle Stutzman will stand. In 2013, Stutzman refused to arrange wedding flowers for a pair of long-time customers — Robert Ingersoll and Curt Freed — saying that doing so would violate her religious beliefs.

“After Curt and I were turned away from our local flower shop, we cancelled the plans for our dream wedding because we were afraid it would happen again. We had a small ceremony at home instead,” said Robert Ingersoll in a statement. “We hope this decision sends a message to other LGBTQ people that no one should have to experience the hurt that we did.”

With help from the ACLU, the couple sued the shop under Washington’s anti-discrimination law, which says businesses that are open to the general public cannot refuse to serve someone based on sexual orientation, even on the basis of sincere religious beliefs.

After years of legal proceedings, the state’s highest court sided with the couple. In 2018, the US Supreme Court remanded an appeal from Arlene’s Flowers back to the state for a second look. A year later, the Washington Supreme Court affirmed its original decision.

“The adjudicatory bodies that considered this case did not act with religious animus when they ruled that the florist and her corporation violated the Washington Law Against Discrimination by declining to sell wedding flowers to a gay couple, and they did not act with religious animus when they ruled that such discrimination is not privileged or excused by the United States Constitution or the Washington Constitution,” the court wrote.

“The State of Washington bars discrimination in public accommodations on the basis of sexual orientation. Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation. We therefore hold that the conduct for which Stutzman was cited and fined in this case—refusing her commercially marketed wedding floral services to Ingersoll and Freed because theirs would be a same-sex wedding—constitutes sexual orientation discrimination under the [law],” the Washington high court wrote in 2019.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch indicated that they would have taken up the case to review the judgment against the shop. The justices who voted to reject the case did not elaborate.

Lawyers for Stutzman in a statement online called the decision “devastating news.”

“The Supreme Court has once again said that critical nondiscrimination laws protecting LGBTQ people are legally enforceable and has set a strong and definitive precedent,” said Alphonso David, president of Human Rights Campaign, an LGBT advocacy group.

Earlier this week, the court delivered another win for LGBT rights advocates by rejecting the appeal of a Virginia school board seeking to impose a transgender bathroom ban. The move means schools in at least five states can no longer discriminate on the basis of gender identity in the use of restroom facilities.

The Court has sought to balance religious liberty and LGBT rights in a number of recent decisions.

The justices unanimously sided with Catholic Social Services this month in its dispute with the City of Philadelphia over discrimination against LGBTQ people in screening parents for foster care.

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Biden is rated poorly on handling crime; alternative approaches win broad favor: POLL

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(NEW YORK) — The number of Americans seeing crime as an extremely serious problem in the United States is at a more than 20-year high, President Joe Biden is underwater in trust to handle it and broad majorities in an ABC News/Washington Post poll favor alternative crime-fighting strategies to address it.

A sweeping 75% in the national survey said violent crime would be reduced by increasing funding to build economic opportunities in poor communities. Sixty-five percent said the same about using social workers to help police defuse situations with people having emotional problems.

These measures, aimed at underlying causes of crime, are most apt to have been seen as effective, by substantial margins, of five that were tested. Among the others, 55% think increasing funding for police departments would reduce violent crime, 51% say the same about stricter enforcement of existing gun laws and 46% say so about stricter gun-control laws.

See PDF for full results and charts.

Broad support for alternative anti-crime measures comes against a backdrop of heightened high-level concern. Twenty-eight percent of Americans see crime in the United States as an extremely serious problem, a relatively small group but the most to hold this view compared to nearly annual polls by Gallup from 2000 to 2020. The average across those previous polls is 19%.

Views of crime in the country as a high-level problem expand to 59% when including those who see it as very serious, not just extremely serious. As typically is the case, far fewer, 17%, see crime as an extremely or very serious problem in the area where they live, though this is at a numerical high — by a single percentage point — compared to Gallup polls since 2000.

This poll, produced for ABC News by Langer Research Associates, finds a troubling difference in the experience of crime along racial and ethnic lines. While 13% of white people and 17% of Hispanic people call crime an extremely or very serious problem in the area where they live, this jumps to 31% among Black people.

Politically, just 38% of adults overall approve of how Biden is handling the issue of crime in this country, with 48% disapproving. That said, Americans divide almost exactly evenly on which political party they trust more to handle crime — 36% pick the Republicans, 35% the Democrats, about the average difference between the parties on this question in polls going back to 1990. Twenty percent volunteered that they don’t trust either party on crime.

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Garland orders halt to any further federal executions

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(WASHINGTON) — Attorney General Merrick Garland has ordered a temporary halt to the Justice Department advocating any scheduling of further executions of federal inmates, according to a memo.

Garland in a memo to senior officials at the department Thursday echoed his own recently stated reservations about use of the death penalty, noting a number of defendants who were later exonerated as well as statistics showing possible discriminatory impact on minorities.

“The Department of Justice must ensure that everyone in the federal criminal justice system is not only afforded the rights guaranteed by the Constitution and laws of the United States, but is also treated fairly and humanely,” he wrote in the memo. “That obligation has special force in capital cases. Serious concerns have been raised about the continued use of the death penalty across the country, including arbitrariness in its application, disparate impact on people of color, and the troubling number of exonerations in capital and other serious cases.”

“Those weighty concerns deserve careful study and evaluation by lawmakers. In the meantime, the Department must take care to scrupulously maintain our commitment to fairness and humane treatment in the administration of existing federal laws governing capital sentences,” he continued.

The new directive comes after Garland’s predecessor in the job, William Barr, had resumed the department’s use of capital punishment against inmates a year ago, after a nearly two-decade lapse. He also pushed for executions of several federal prisoners during the transition period before President Joe Biden — who opposes the death penalty — took office.

The federal government in 2020 executed more people than all 50 states combined, according to a year-end report from the Death Penalty Institute, a non-partisan, death penalty information center that tracks death row inmates and executions.

The directive, however, is not expected to impact the department’s position taken recently in the case of Boston bomber Dzokhar Tsarnaev, a person familiar with the matter told ABC News. Officials last month urged the Supreme Court to overturn a lower court’s ruling and reinstate Tsarnaev’s death penalty despite Biden’s stated opposition to capital punishment.

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

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Special election to recall California Gov. Gavin Newsom set for Sept. 14

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(SACRAMENTO, Calif.) — California voters will decide whether to recall Democratic Gov. Gavin Newsom and replace him with another candidate in an election set for Sept. 14, the lieutenant governor announced Thursday.

Secretary of State Shirley Weber certified the gubernatorial recall petition earlier Thursday, prompting Lt. Gov. Eleni Kounalakis to set an election date between 60 and 80 days from the date of certification.

While the signatures have only just been officially certified, Weber announced in late April that the organizer of the recall petition had collected more than the approximately 1.5 million validated signatures required.

During a 30-day period, voters who signed the recall petition could request their signatures be removed, but only 43 voters did so, Weber announced last week. More than 1.7 million signatures supporting the recall were verified.

The California Department of Finance estimated on Thursday the cost of the recall election to be $276 million.

Recent polling suggests Newsom is on his way to easily defeating the recall effort.

According to the Public Policy Institute of California’s May statewide survey, only 40% of likely voters would vote to recall Newsom if the election were held, while 57% would vote against recalling him as governor. To successfully recall the state’s governor, a majority of voters must vote “yes.”

Among Californians, 55% approve of the way Newsom is handling his job overall — and on his handling of COVID specifically, he fares even better, with 64% of Californians approving of his response, according to PPIC.

Newsom’s campaign has blasted the recall as a partisan, Republican-led effort that’s a waste of taxpayer money.

In response to the date being set, Juan Rodriguez, the leader of the Newsom-aligned group, “Stop The Republican Recall,” said in a statement, “This Republican recall is a naked attempt by Trump Republicans to grab control in California — powered by the same Republicans who refused to accept the results of the presidential election and are now pushing voter suppression laws across the country. On September 14, Californians will have the chance to defend our state and reject this Republican power grab once and for all.”

Most voters likely know Newsom is a Democrat, but back in February 2020, when responding to the recall petition, his team failed to indicate he wanted his party affiliation on the potential recall ballot. A spokesperson for the secretary of state confirmed to ABC News Tuesday that Newsom’s campaign filed a notice of his party preference to Weber on June 19, but the secretary declined to accept it, saying in a statement, “The Secretary of State’s office has a ministerial duty to accept timely filed documents. Acceptance of filings beyond a deadline requires judicial resolution.”

In a statement Thursday, Orrin Heatlie, the chief proponent of the recall effort, said they objected to the legal move, while Mike Netter, another proponent of the recall, blasted Newsom, saying, “The absurdity of this suit is almost surreal. This Governor is so focused on identity politics it is that important to him to actually sue his own appointed Secretary of State to demand she override a regulation which he signed into law.”

The California Patriot Coalition, which Heatlie and Netter co-founded, plan to intervene in the lawsuit next week.

When voters cast ballots, they will face two questions. The first is whether they want to recall Newsom and the second is who they want to replace Newsom if a majority of voters support the recall.

Though the recall organizers said they are nonpartisan, Republicans have rallied around the effort, including the California Republican Party, whose chairwoman called Newsom the “worst governor in California history” in a statement after the date was set.

So far, no major Democrats have announced campaigns to be on the recall ballot to replace Newsom. Organizers and Republican candidates vying to replace the governor have pointed to his handling of the pandemic, in particular government-mandated restrictions on businesses and schools, and general government overreach.

Prominent Republicans in the race to replace him include San Diego Mayor Kevin Faulconer, Newsom’s 2018 challenger John Cox and reality star and former Olympian Caitlyn Jenner.

This is the sixth official attempt to recall Newsom. Only one California governor has ever been successfully recalled in the United States. In 2003, California’s Democratic governor, Gray Davis, lost the recall election, and actor and Republican Arnold Schwarzenegger won the election to replace him.

According to PPIC’s polling, Davis’s approval rating was significantly worse than Newsom’s ever has been while in office. In five polls over nine months leading up to the 2003 election, over 70% of California voters disapproved of Davis. The state today is also far more Democratic than it was in 2003.

ABC News’ Meg Cunningham contributed to this report.

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Trump calls indictment against his company and long-serving CFO ‘shameful’ and a ‘disgrace’

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(NEW YORK) — Former President Donald Trump called the criminal charges unsealed Thursday against his organization’s long-serving chief financial officer Allen Weisselberg a “disgrace” and “shameful,” telling ABC News he is a “tremendous man.”

Weisselberg and the Trump Organization pleaded not guilty in Manhattan State Supreme Court to 15 charges related to what the Manhattan District Attorney’s Office general counsel Carey Dunn called a “15-year-long tax fraud scheme.”

Weisselberg allegedly benefitted from the scheme to the tune of $1.7 million, Dunn said.

“During the operation of the scheme, the defendants arranged for Weisselberg to receive indirect employee compensation from the Trump Organization in the approximate amount of $1.76 million … in ways that enabled the corporate defendants to avoid reporting it to the tax authorities,” the indictment said.

Weisselberg arrived at the Manhattan District Attorney’s office with his lawyer hours after a grand jury on Wednesday voted to indict him and the Trump Organization on the charges, which include grand larceny, criminal tax fraud, conspiracy and falsifying business records.

A special grand jury in Manhattan voted Wednesday to indict Trump’s firm and its chief financial officer.

The indictment said that beginning in 2005, Weisselberg used the Trump corporation’s bank account to pay the rent for his apartment and his utility bills, and to cover nearly $360,000 in upscale private school payments for his family and nearly $200,000 in luxury car leases.

“Weisselberg intentionally caused the indirect compensation payments to be omitted from his personal tax returns, despite knowing that those payments represented taxable income and were treated as compensation by the Trump Corporation in internal records,” said the indictment.

“Allen Weisselberg is a loving and devoted husband, father and grandfather who has worked at the Trump Organization for 48 years,” the Trump Organization said in a statement about the charges. “He is now being used by the Manhattan District Attorney as a pawn in a scorched earth attempt to harm the former President. The District Attorney is bringing a criminal prosecution involving employee benefits that neither the IRS nor any other District Attorney would ever think of bringing. This is not justice; this is politics.”

Trump has called the investigation a politically motivated “witch hunt,” and said that the Manhattan District Attorney Cy Vance and New York Attorney General Letitia James are pressuring Weisselberg to lie against him. When asked if he thought Weisselberg would cooperate, he told ABC News, “No.”

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