The Alarm shares new ‘Forwards’ track “Another Way”

The Alarm shares new ‘Forwards’ track “Another Way”
The Alarm shares new ‘Forwards’ track “Another Way”
Courtesy of The Alarm

The Alarm’s new album, Forwards, drops Friday, June 16, and frontman Mike Peters has just dropped another track from the record, the song “Another Way.”

Peters worked on Forwards as he was dealing with a relapse of his leukemia, and the video for the song features a performance clip cut with footage of him curled up in a hospital bed. 

Peters previously shared how his cancer helped influence the record, noting, “I’ve been to places only deep suffering can take the human spirit and, in the darkness, I clung onto every piece of light I could find to work my way back to life.” He added, “This was the energy that drove me to write and record Forwards.”

“Another Way” is the fourth single released from Forwards, following “Whatever,” “Next” and the title track.

Forwards is available for preorder now.

Copyright © 2023, ABC Audio. All rights reserved.

Fact-checking claims made by Trump and his Republican allies after his 2nd indictment

Fact-checking claims made by Trump and his Republican allies after his 2nd indictment
Fact-checking claims made by Trump and his Republican allies after his 2nd indictment
Win McNamee/Getty Images

(WASHINGTON) — Much as happened after his first indictment, former President Donald Trump and his Republican allies are minimizing and/or mischaracterizing the charges leveled against him over his alleged mishandling of classified documents.

The full-throated response from Trump and his staunchest supporters includes inaccurate claims about the Espionage Act and the Presidential Records Act, as well accusations of “weaponization” by the Justice Department, made without evidence.

Trump, who has been charged with 37 counts ranging from willful retention of national defense information and conspiracy to obstruct justice, has denied all wrongdoing.

The indictment unsealed last week by prosecutors alleged Trump knowingly kept classified secret documents and put national security “at risk.”

Here’s a fact-check of some of the claims being made by Trump and his Republican allies.

‘He is not a spy’

Trump inaccurately referred to the charges under the Espionage Act during a Saturday speech to a Republican audience in Georgia.

“Doesn’t that sound terrible?” Trump said in an apparently mocking tone. “Oh, espionage. We got a box. I got a box. The espionage.”

Trump is being charged with 31 counts under the Espionage Act, but he is not being accused by prosecutors of being a spy. The indictment did not provide evidence prosecutors believe Trump disseminated the information to a foreign government or other entity with the intent to harm the U.S.

The 31 counts under the Espionage Act are being brought under Section 793(e), with prosecutors alleging he had “unauthorized possession of, access to, and control over documents relating to the national defense” and “did willfully retain the documents and fail to deliver them to the officer and employee of the United States entitled to receive them.”

Sen. Lindsey Graham, R-S.C., on ABC’s “This Week,” called the Espionage Act charges “absolutely ridiculous.”

“Whether you like Trump or not, he did not commit espionage,” Graham said. “He did not disseminate, leak or provide information to a foreign power or to a news organization to damage this country. He is not a spy. He’s overcharged.”

But Bill Barr, who served as attorney general under Trump, said the Espionage Act charges “are solid counts.”

“I do think we have to wait and see what the defense says and what proves to be true, but I do think that … if even half of it is true, then he’s toast,” Barr said during a Fox News interview.

He said efforts to paint Trump as a “victim” are “ridiculous.

‘He declassified all of this’

Rep. Jim Jordan, the Ohio Republican who chairs the House Judiciary Committee, claimed during a Sunday appearance on CNN’s “State of the Union” that Trump has “said time and time again he declassified all this” and “can put it wherever he wants and handle it however he wants.”

But according to prosecutors, Trump admitted on tape that he possessed classified documents he hadn’t declassified in a transcript of an audio recording of an interview he did at his New Jersey golf club in July 2021.

“See, as president I could have declassified it,” Trump allegedly said. “Now I can’t, you know, but this is still a secret.”

Trump and his legal team haven’t provided evidence that he declassified all the materials found at his Mar-a-Lago estate.

Pressed for proof Trump declassified the material, Jordan replied: “I go on the president’s word.”

Immunity under the Presidential Records Act

Trump, in Georgia this past weekend, continued to claim all the documents fell under the Presidential Records Act, which is not a criminal statute, and criticized prosecutors for not mentioning the law in the indictment.

The 1978 law requires that records created by presidents and vice presidents be turned over to the National Archives and Records Administration at the end of their administrations, but Trump and his team have argued in the past that the law allows him to negotiate with NARA over which documents are personal and what’s presidential.

NARA in a June 9 statement pushed back on misleading claims about the Presidential Records Act, stating it requires a president to separate personal and presidential documents “before leaving office.”

“There is no history, practice, or provision in law for presidents to take official records with them when they leave office to sort through, such as for a two-year period as described in some reports,” the administration said.

Comparison with Biden’s case

House Speaker Kevin McCarthy on Monday attempted to draw comparisons between Trump’s case and the classified documents found at President Joe Biden’s home and office, which is also under investigation by a special counsel.

“I think President Trump has not been treated equally like everybody else in this process,” McCarthy told reporters. “I think when you’re looking now currently at a current president that has documents sitting behind his automobile in a garage that date all the way back to a senator, that raises a lot if you’re charging one and not charging the other. You raid one house and you don’t raid the other — that’s a little different, and that’s not fair.”

Legal experts have noted the apparent differences in Trump and Biden cases, including how each responded to law enforcement. Unlike in Trump’s case, where authorities had to issue a subpoena and later conduct a search to get the documents, which Trump allegedly concealed, Biden attorneys said they immediately notified the National Archives when they found the first set of documents at his office in November 2022.

Reporters repeatedly pressed this point with McCarthy, noting that the indictment alleges that Trump deliberately misled investigators and conspired to obstruct justice, allegations that have not been levied against Biden and others. McCarthy did not address those discrepancies directly.

“Is it a good picture to have boxes in a garage that opens all the time?” McCarthy added, commenting on the documents found in Biden’s possession at his Delaware residence. “A bathroom door locks.”

It’s not clear whether the door at the Mar-a-Lago bathroom was locked or even had a lock.

ABC News’ Allison Pecorin and Gabe Ferris contributed to this report.

Copyright © 2023, ABC Audio. All rights reserved.

Trump court appearance live updates: Trump enters not guilty plea as special counsel looks on

Trump court appearance live updates: Trump enters not guilty plea as special counsel looks on
Trump court appearance live updates: Trump enters not guilty plea as special counsel looks on
Jabin Botsford/The Washington Post via Getty Images

(MIAMI) — Former President Donald Trump is set to appear in federal court in Miami on Tuesday after he was indicted in an investigation into his handling of classified documents.

Trump has been charged with 37 counts: 31 counts of willful retention of national defense information; one count of conspiracy to obstruct justice; one count of withholding a document or record; one count of corruptly concealing a document or record; one count of concealing a document in a federal investigation; one count of scheme to conceal; and one count of false statements and representations.

Trump has repeatedly denied any allegations of impropriety.

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

Jun 13, 4:08 PM EDT
Trump makes stop at Cuban restaurant

Former President Donald Trump is making a stop at Versailles, a restaurant in Little Havana at the heart of Miami’s Cuban exile community.

He was greeted with cheers and shook hands with excited supporters.

Jun 13, 3:54 PM EDT
Trump leaves courthouse

Former President Donald Trump has left the Miami federal courthouse after pleading not guilty to charges including willful retention of national defense information and conspiracy to obstruct justice.

Trump will fly to his golf club in Bedminster, New Jersey, where he’ll address his supporters Tuesday night.

Jun 13, 3:47 PM EDT
Trump enters not guilty plea

Defense attorney Todd Blanche entered a not guilty plea on behalf of former President Donald Trump.

Trump was frowning at some points and was looking down toward the floor for most of the hearing.

Trump was already in the courtroom by about 2:45 p.m., ahead of the scheduled 3 p.m. start time. Seated at the same table as Trump was his aide and co-defendant, Walt Nauta.

Trump waited in the courtroom for about 10 minutes before the judge arrived.

At first Trump appeared slumped in his chair, but when the judge asked for him to be officially arraigned, the former president sat up a bit and crossed his arms.

At one point during the arraignment, the magistrate judge asked Trump’s lawyers Todd Blanche and Chris Kise if they were permanent attorneys, and they indicated they were.

Trump was barred from speaking to any witnesses about the case, except through counsel.

Nauta did not enter a plea because he does not have local representation. He’s set to return to court on June 27.

Jun 13, 3:03 PM EDT
Special counsel Jack Smith in courtroom with Trump

Special counsel Jack Smith is currently in the courtroom for former President Donald Trump’s arraignment. It’s very unusual for a top prosecutor to attend such an early court appearance in a case.

This marks the first time Trump and Smith are in the same room.

Other prosecutors and Trump’s lawyers are also present.

Jun 13, 2:12 PM EDT
Trump completes booking process at courthouse, will head to courtroom

Former President Donald Trump is inside the Miami federal courthouse ahead of his 3 p.m. appearance.

Former President Donald Trump leaves his Trump National Doral resort, June 13, 2023 in Doral, Fla.
While the former president is inside the courthouse, many members of Trump’s team are staying in the motorcade, sources told ABC News.

Trump spokesperson Alina Habba spoke to reporters outside the courthouse while the former president was inside the building.

Trump’s booking process has been completed, sources told ABC News. He was not expected to be handcuffed or have his mugshot taken, sources told ABC News.

Jun 13, 2:00 PM EDT
Trump supporters, opponents congregate outside courthouse

Supporters and opponents of former President Donald Trump have congregated outside the courthouse with signs and costumes to make their voices heard.

Jun 13, 1:55 PM EDT
Trump arrives at federal courthouse

Former President Donald Trump has arrived at the Miami federal courthouse ahead of his 3 p.m. appearance.

Trump is not expected to be handcuffed or have his mugshot taken, sources told ABC News.

The booking process is not expected to take long, a law enforcement official told reporters, adding that it’s “the same process that everyone goes through.”

Jun 13, 1:48 PM EDT
Trump riding in car alone

As former President Donald Trump motorcades to the courthouse, he is riding in his car alone, sources told ABC News.

Trump’s lawyers, Todd Blanche and Chris Kise, are in the car behind him. Trump aide Walt Nauta, who is also charged in the federal indictment, is also riding in that car with his attorney, Stanley Woodward.

-ABC News’ Katherine Faulders and John Santucci

Jun 13, 1:32 PM EDT
Trump leaves Doral club to head to court

Former President Donald Trump has left his Doral, Florida, golf club to motorcade to the Miami federal courthouse for his 3 p.m. appearance.

Some supporters with Trump flags lined the street outside Doral.

Jun 13, 1:03 PM EDT
Crowds calm outside courthouse, Miami mayor says

Miami Mayor Francis Suarez told ABC News that the crowd outside the courthouse “seems manageable” ahead of former President Donald Trump’s arrival.

“Everything seems, right now, very calm. We are hopeful that it remains that way,” he said.

Jun 13, 11:28 AM EDT
Trump not expected to be handcuffed

As negotiations reach final stages, ABC News has learned from sources that former President Donald Trump is not expected to be handcuffed or be required to empty his pockets when he’s processed at the courthouse on Tuesday.

Trump is also not expected to have a mugshot taken, according to sources.

His hands are expected to be scanned electronically, sources added.

Trump will be asked for his name and social security number when he’s processed, a law enforcement official told reporters.

The booking process is not expected to take long, a law enforcement official said, adding that it’s “the same process that everyone goes through.”

-ABC News’ Katherine Faulders, Aaron Katersky and John Santucci

Jun 13, 11:20 AM EDT
How serious are obstruction charges?

Of all the federal charges that former President Donald Trump and his aide Walt Nauta face in the investigation into the alleged mishandling of top secret government documents, obstruction is one of the most serious, according to legal experts.

Claire Finkelstein, the founder and faculty director of the Center for Ethics and the Rule of Law at the University of Pennsylvania’s Annenberg Public Policy Center, noted that the obstruction charges in the indictment against Trump and his aide carry as much serious weight as the charges related to keeping the top secret documents, with a maximum penalty of 20 years in prison.

Finkelstein said an obstruction charge can cover a broad range of alleged activities, from as simple as lying to investigators, to as major as destroying evidence. But she said it all comes down to one clear allegation: that the accused deliberately interfered with an ongoing criminal investigation.

Click here to read more.

-ABC News’ Ivan Pereira

Jun 13, 10:44 AM EDT
Read the federal indictment

The federal indictment against former President Donald Trump alleges that he willfully retained documents containing the nation’s most sensitive secrets, including nuclear programs, after he left office, showed some of them on at least two occasions and then tried to obstruct the investigation into their whereabouts.

Federal prosecutors allege that the classified documents included “defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack.”

Boxes of the documents were allegedly stored in locations around Trump’s Mar-a-Lago club, including a ballroom stage and a bathroom, according to prosecutors.

Read the full indictment here.

Jun 13, 9:28 AM EDT
Trump not expected to be handcuffed

As negotiations reach final stages, ABC News has learned from sources that former President Donald Trump is not expected to be handcuffed or be required to empty his pockets when he’s processed at the courthouse on Tuesday.

Trump is also not expected to have a mugshot taken, according to sources.

His hands are expected to be scanned electronically, sources added.

Jun 13, 8:25 AM EDT
Chris Christie calls Trump’s conduct ‘inexcusable,’ ‘self-centered’

Former New Jersey Gov. Chris Christie took aim at former President Donald Trump during a CNN Republican Presidential Town Hall Monday night, calling Trump’s conduct “inexcusable” for someone who wants to occupy the Oval Office.

“He has shown himself, and I think most particularly in his post-presidency, to be completely self-centered, completely self-consumed, and doesn’t give a damn about the American people, in my view, if what the American people want is in conflict with what Donald Trump thinks is best for him,” Christie said.

“I mean, put aside taking the documents in the first place,” Christie said. “But then when you start getting asked … nicely with a letter from the archivist saying, ‘Could you please give it back,’ and you ignore it, ignore it, ignore it. Then they come with a grand jury subpoena, and then, according to the indictment, you tell your lawyers to tell them we don’t have anything even though you have dozens and dozens of boxes of material. That’s obstruction of justice, if it’s true.”

Jun 13, 8:11 AM EDT
Lawyers Todd Blanche, Chris Kise expected to attend court appearance

Former President Donald Trump is expected to be joined by his lawyers Todd Blanche and Chris Kise at Tuesday’s court appearance in Miami, sources told ABC News. Meetings with additional local attorneys are ongoing.

Blanche is representing Trump in the Manhattan criminal case while Kise represents Trump and the Trump Organization in other matters.

Jun 13, 5:12 AM EDT
Trump to appear in court at 3 p.m.

Former President Donald Trump is set to appear in federal court at 3 p.m. Tuesday.

He’s accused of willfully retaining documents containing the nation’s most sensitive secrets, including nuclear programs, after he left office, prosecutors said. He allegedly showed some of the documents to people on at least two occasions and then tried to obstruct the investigation into their whereabouts, prosecutors claim.

Trump denied any wrongdoing over the weekend, saying: “We did absolutely nothing wrong. Take a look at the Presidential Records Act. We did it by the book. Perfect.”

Trump is expected to arrive at and depart from the Miami courthouse via secure private access points that would make it impossible for the public or journalists to see him.

Trump aide Walt Nauta, who was also charged in connection with his handling of government documents, is also due in court at 3 p.m.

Copyright © 2023, ABC Audio. All rights reserved.

As voters split over Trump indictment, key political questions and takeaways from historic charges

As voters split over Trump indictment, key political questions and takeaways from historic charges
As voters split over Trump indictment, key political questions and takeaways from historic charges
Win McNamee/Getty Images

(WASHINGTON) — Last week’s indictment of Donald Trump, marking the first time a former president has ever faced federal charges, also created new questions about how his political future could be affected by a historic prosecution.

The 37 counts against Trump over how he allegedly handled government secrets after leaving the White House are the latest and most serious of his legal issues.

But polling, reactions from Republicans — including some of Trump’s 2024 opponents — and the aftermath of Trump’s first indictment, in New York City, show that it’s so far unclear whether the case will have lasting impact on the public.

A near equal percentage of Americans believe both that Trump should have been charged and that the charges against him were politically motivated, an ABC News/Ipsos survey last week found.

What is clear, however, is that the indictment has changed the course of the Republican primary campaign.

Former South Carolina Gov. Nikki Haley, a 2024 candidate facing Trump, said on Fox News on Monday that she had concerns both about federal law enforcement and about Trump’s suspected behavior.

“Two things can be true at the same time. One, the DOJ and FBI have lost all credibility with the American people. … The second thing can also be true if this indictment is true, if what it says is actually the case, President Trump was incredibly reckless with our national security,” she said.

Trump is set to be arraigned on Tuesday afternoon in Florida. He has said he is innocent. He previously pleaded not guilty to the felony charges he faces in New York City related to hush money he paid to an adult film actress before the 2016 presidential election.

He has repeatedly denied any wrongdoing and claims he is being politically persecuted. Prosecutors have pushed back.

“This indictment was voted by a grand jury of citizens in the Southern District of Florida, and I invite everyone to read it in full to understand the scope and the gravity of the crimes charged,” special counsel Jack Smith, who is overseeing the federal case against Trump, said on Friday.

Here are key political takeaways and questions after Trump’s second indictment.

Poll shows contradictory feelings among Americans

The ABC News/Ipsos poll, conducted on Friday and Saturday among a random national sample of 910 U.S. adults, found sharp divides on the appropriateness and seriousness of the charges as well as whether Trump should now leave the race.

Forty-eight percent of Americans said Trump should have been charged with crimes, while 35% said he should not have been and 17% said they didn’t know. And 46% said Trump should suspend his bid for the White House, while 38% said he should not and 16% didn’t know.

However, 47% of respondents also said they believed the charges were politically motivated, while 37% said they weren’t and 16% weren’t sure.

Generally speaking, non-whites and those with a college education were less favorable to Trump on these questions.

About six in 10 Americans (61%) said that the charges were very or somewhat serious, while only 28% said they were not too serious or not serious at all.

In a sign of possible political danger for Trump, about 63% of independents called the charges somewhat or very serious, and 38% of Republicans said the same. Democrats, unsurprisingly, overwhelmingly thought the charges were somewhat or very serious, with 91% saying so.

Forty-five percent of independents said that Trump should have been charged versus 33% percent who said he should not have been. A large majority (86%) of Democrats said Trump should have been charged compared to only 16% of Republicans.

What’s more, 44% of independents said Trump should end his 2024 campaign, while 37% said he should not. About three-quarters (76%) of Democrats also thought Trump should suspend his campaign. However, just over two-thirds (68%) of Republicans disagreed, saying Trump should not suspend his campaign.

On the other hand, 45% of independents also said they felt the case was politically motivated, while 37% said it wasn’t. Sixteen percent of Democrats and 80% of Republicans said it was politically motivated, too.

Trump could see primary boost as other candidates split

Given what happened after his previous criminal charges, Trump could see another increase in his fundraising and in support from Republican voters after his second indictment — at least in the primary.

An ABC News poll conducted after Trump’s first indictment in New York showed that he gained some ground in the primary over Florida Gov. Ron DeSantis, his nearest competitor, compared to DeSantis’ previous polling average as compiled by FiveThirtyEight.

“There’s nothing in polling right now that suggests that Donald Trump is being hurt by federal indictments, by any indictments. The case of New York from a couple of months ago, it may have actually helped his standing,” ABC News Political Director Rick Klein said Sunday on ABC’s “This Week.”

“It may be that this case is more serious, it may be that his rivals are making the case and they can sort of get in there a little bit and change these dynamics,” Klein said, “but for those who are saying that Donald Trump is done politically as a result of facing criminal charges, there’s just no evidence of that yet.”

Some of Trump’s challengers have rallied to his defense, like Vivek Ramaswamy. Others, like DeSantis, have criticized federal authorities for, in their words, unfairly targeting Trump.

But some Republican candidates have tried to prosecute the case that he is unfit, based on his alleged conduct.

“My point is that this is bad for our country, bad for the presidency, and it is a legitimate campaign issue. We do not need to have our commander in chief of this country not protecting our nation’s secrets,” former Arkansas Gov. Asa Hutchinson said on CNN. “If these allegations and probable cause have been found against any military person, any public servant that wasn’t named Donald Trump, they would have been indicted a long time ago.”

Independents could offer Democrats an opening

Independents were a key voting bloc supporting Democrats in the 2020 election, according to exit polls. Self-identified independents voted Democrat by a 54-41 margin in 2020, according to the exit polling.

The latest ABC News/Ipsos survey on Trump’s indictment shows they aren’t embracing him, while Democratic and Republican voters have largely broken along partisan lines on the issue.

Among independents, 45% said Trump should have been charged, a third said he should not have been and 22% said they didn’t know. Overall, 57% of independents in this poll had an unfavorable view of Trump and, again, a majority of independents were also more likely to count the charges as serious.

The numbers seem to bode well for a Democratic Party that has been chosen by a majority of independents in past cycles.

Low favorability for both parties’ front-runners

Both Trump and Biden suffer from identically dismal favorability ratings in the new ABC News/Ipsos poll. Both stand at 31% although Trump’s is up from 25% in the days after his first indictment while Biden’s has remained about the same.

Those numbers are sparking both handwringing from some Democrats and barbs from Trump’s critics that he is blocking more electable Republicans from making gains in the primary.

“I don’t think Trump can win a general election, but that is a nice way for him to diss people like Tim Scott, who is a pretty formidable candidate,” Sen. Bill Cassidy, R-La., said on CNN last month, referencing South Carolina Sen. Tim Scott, another GOP primary candidate.

Meanwhile, on Sunday on “This Week,” Delaware Democratic Sen. Chris Coons, a close ally of the White House, acknowledged polling showing Biden trailing or tied with Trump.

“I think we should be worried given [Trump’s] conduct and given his record,” he said.

Coons later told anchor George Stephanopoulos, “I think the best thing for Joe Biden to do in this campaign is to keep showing that he is an effective and capable president by continuing to solve big problems” — all “despite the distractions of former President Trump’s rising legal problems.”

Trump indictment forces his rivals to talk about him

News of the federal charges on Thursday night immediately shook the primary, taking candidates off their regularly scheduled programming and dividing the GOP field, with some of Trump’s critics in the race taking the chance to highlight his legal peril — despite Republican voters saying in polls that they reject the indictment.

“The fact is that these facts are devastating,” former New Jersey Gov. Chris Christie, another primary candidate, said on Sunday.

“The bigger issue for our country is, is this the type of conduct that we want from someone who wants to be president of the United States?” Christie said.

Others, however, sided with the former president, with entrepreneur Ramaswamy vowing to pardon Trump if he’s elected president — an offer that Hutchinson labeled “offensive” — and others emphasizing what they view as a politicized justice system.

“What we see today across this administration of President Joe Biden is a double standard,” Scott said Monday. “That double standard is both un-American and unacceptable. You can’t protect Democrats while targeting and hunting Republicans.”

“This case is a serious case …. But in America, you’re still innocent until proven guilty,” he said.

DeSantis, who has been slamming Trump more directly on the trail, made more indirect references to the former president’s case. He decried what he called government “weaponization” and pointed to Hillary Clinton, who was investigated but ultimately not charged after prosecutors found “a lack of intent,” authorities have said.

“I remember, you know, Hillary [Clinton] had emails with the classified, and my view was, gee, as a naval officer, if I would have taken classified from my department, I would have been court marshaled in a New York minute, and yet they seem to not care about that,” DeSantis said on Sunday.

Unlike Ramaswamy, DeSantis has not promised a pardon to Trump if elected. GOP candidate and former Vice President Mike Pence was asked about it but avoided weighing in last week, saying, “I’m not going to speak to hypotheticals.”

Indictment fuels divides over law enforcement

Beyond the campaign trail, the indictment appears to be exacerbating partisan divides over law enforcement.

Democrats for years have been mired in an intraparty debate over changes to policing, which Republicans have taken advantage of to hit the party as, they claim, soft on crime.

But now, conservatives are accusing federal law enforcement of bias and even mulling efforts to defund part or all of the FBI.

While the timeline for Trump’s federal case remains unclear — and with his trial in the New York case slated for March 2024 — it’s all but certain that the charges against him will shadow the Republican primary race for months to come.

METHODOLOGY – This ABC News/Ipsos poll was conducted using Ipsos Public Affairs‘ KnowledgePanel®  June 9-10, 2023, in English and Spanish, among a random national sample of 910 U.S. adults with an oversample of Republican respondents weighted to their correct proportion in the general population. Results have a margin of sampling error of 3.7 points, including the design effect. Partisan divisions are 26-25-41 percent, Democrats-Republicans-independents. See the poll’s topline results and details on the methodology here. (NOTE: LINK the word “here” to the Topline document. )

ABC News’ Gabriella Abdul-Hakim, Libby Cathey, Abby Cruz and Dan Merkle contributed to this report.

Copyright © 2023, ABC Audio. All rights reserved.

No, Donald Trump’s classified documents case is not like Joe Biden or Hillary Clinton cases

No, Donald Trump’s classified documents case is not like Joe Biden or Hillary Clinton cases
No, Donald Trump’s classified documents case is not like Joe Biden or Hillary Clinton cases
Win McNamee/Getty Images

(WASHINGTON) — Almost immediately after the Justice Department on Friday unsealed its indictment against Donald Trump, the former president’s allies began crying foul, noting that — at least so far — no charges have been filed against President Joe Biden for retaining classified documents from his time as vice president or against Hillary Clinton for her use of a private email server as secretary of state.

Posting to Twitter on Friday, House Speaker Kevin McCarthy, R-Calif., denounced the “double standard.” And appearing on ABC’s “This Week” on Sunday, Sen. Lindsey Graham, R-S.C., said Clinton “got away” with doing something “similar” to what Trump did.

Trump himself has made similar claims.

But a review of government documents and public statements tied to all three investigations suggests there are key differences between the evidence uncovered in Trump’s case and the others. It also helps to explain why the Justice Department recently declined to charge former Vice President Mike Pence for his handling of classified documents after leaving office.

What’s the intent?

The most glaring difference between Trump’s case and Clinton’s case is what prosecutors found about their intent: While the indictment against Trump alleges he violated the Espionage Act through “willful retention of national defense information,” prosecutors in Clinton’s case determined they couldn’t show she was “willful” in her intent.

In fact, as later recounted by the Justice Department’s inspector general, prosecutors in Clinton’s case concluded the evidence they gathered showed “a lack of intent to communicate classified information on unclassified systems.”

That’s largely because “[n]one of the emails Clinton received were properly marked to inform her of the classified status of the information,” and investigators found evidence that Clinton and her aides “worded emails carefully in an attempt to ‘talk around’ classified information,” according to the inspector general’s report on the matter.

“There was no evidence that the senders or former Secretary Clinton believed or were aware at the time that the emails contained classified information,” prosecutors concluded, according to the inspector general.

By contrast, the indictment against Trump not only says that nearly all of the 31 documents he’s charged with “willfully” retaining at his Mar-a-Lago estate were marked as classified, but it also details alleged conversations and actions showing that he allegedly knew he took and held onto classified documents from the White House.

In one recording obtained by investigators, Trump can be heard — six months after leaving office — showing a writer and three others what he calls a “secret” document, prosecutors allege. “As president I could have declassified it … [but] now I can’t,” he said on the recording, according to the indictment.

Media reports say authorities have been unable to find that document. And Trump is not charged with illegally retaining it or nearly 200 other documents that were returned to the U.S. government before the Justice Department issued its subpoena to Trump.

Trump has insisted he’s “an innocent man” who “did nothing wrong,” claiming on social media after the indictment was unsealed that “this case has nothing to do with the Espionage Act.”

In defending his actions detailed in the indictment, Trump has suggested he was operating in accordance with the Presidential Records Act — an assertion that the National Archives has disputed.

Nevertheless, he noted on social media that “Hillary and Biden were not indicted” for their handling of sensitive documents.

‘If Trump had done the same’

The indictment against Trump alleges that his “refusal to return” so many classified documents — despite “months of demands” by the National Archives and a federal grand jury subpoena — and the conspiracy he allegedly launched to “hide and conceal” his “continued possession of documents with classification markings” reflects his intent.

He participated in that conspiracy “knowingly and willfully,” including by allegedly pushing his own attorney to lie to federal authorities seeking all classified documents and by allegedly directing one of his aides to hide certain boxes of documents from that attorney, according to the indictment.

“The purpose of the conspiracy was for Trump to keep classified documents he had taken with him from the White House,” the indictment says.

By contrast, after Pence’s team conducted a review of his own records and found “some classified documents” at his home in Indiana, Pence “fully cooperated with the Justice Department,” according to Pence.

“I took full responsibility,” Pence told conservative radio host Hugh Hewitt last week, just days after the Justice Department notified Pence that it would not be seeking charges in the matter. “[They] found that it was an innocent mistake.”

In Clinton’s case, she and her aides also largely cooperated in the FBI’s investigation, according to the Justice Department’s inspector general.

In his report, the inspector general said “the FBI obtained more than 30 devices” from Clinton and her aides, and “received consent to search Clinton-related communications on most of these devices.” Among those 30 devices were two of Clinton’s three private email servers, after the third server had been “discarded” years earlier “and, thus, the FBI was never able to access it for review,” the inspector general’s report said.

According to the indictment against Trump, the former president privately expressed admiration for how Clinton’s lawyer handled her case, saying “she didn’t get in any trouble because,” as Trump described it, her lawyer took responsibility for deleting 30,000 emails that Clinton’s legal team determined were personal in nature and not subject to government review.

But, according to the Justice Department’s inspector general, the FBI was actually able to retrieve a majority of those deleted emails through the many devices it obtained and through other means.

As for Biden, the special counsel appointed by Attorney General Merrick Garland to investigate Biden’s retention of classified documents from his time as vice president in the Obama administration has yet to announce his findings. But Biden’s attorneys have insisted that from “the outset of this matter, the President directed his personal attorneys to fully cooperate with the Department of Justice.”

When Biden’s personal attorneys first found classified documents in private offices associated with Biden, they said they notified the National Archives and Records Administration, and they helped the government retrieve them, with one of Biden’s attorneys writing in an email at the time, “[W]e are prepared to facilitate whatever access you need to accomplish NARA taking custody of whatever materials it deems appropriate.”

And when the Justice Department then wanted to search Biden’s home in Delaware, Biden and his attorneys granted “full access” to the president’s residence, where investigators found additional documents marked classified, his lawyers said in a public statement at the time.

“If Trump had done the same, there would have been no grand jury, there probably would have been no search warrant, and [he] probably would have avoided a potential criminal problem,” former Watergate prosecutor Nick Akerman previously told ABC News.

ABC News’ Alexander Mallin and Luke Barr contributed to this report.

Copyright © 2023, ABC Audio. All rights reserved.

The creative minds behind ‘The Continental’ series open the door to its “disco noir” vibe

The creative minds behind ‘The Continental’ series open the door to its “disco noir” vibe
The creative minds behind ‘The Continental’ series open the door to its “disco noir” vibe
Courtesy Peacock

On Tuesday, June 13, Peacock released new images to social media from the streaming service’s forthcoming spinoff series The Continental.

In a press release, producer Basil Iwanyk and director Albert Hughes also shared their thoughts on the project, with Iwanyk reminiscing about the presumed fate of “a small, below-the-radar film called John Wick.”

He expressed, “Directed by two ex-stuntmen, and its premise was potentially the goofiest in film history. Keanu (Reeves) avenging a puppy’s death!? We were doomed.”

He adds, “It hit a chord that none of us anticipated. Yes, people love Keanu. And the action was awesome. What we didn’t see coming was how much the audience loved the world, its rules, the swagger, the craziness, and the rogue’s gallery of villains and (kinda) good guys.”

The producer explains, “All those roads led to one place…The Continental, led by two of the franchise’s greatest characters, Winston [Ian McShane] and Charon [the late Lance Reddick].”

With that in mind, the series takes a look back at how the hitman hot spot came to be, and how Winston and Charon came to take their respective places there as manager and concierge.

Hughes, who directed the first and third installments of the three-part series, said he and executive producer/writer Kirk Ward “had the time of our lives” expanding the lore of the hotel, introducing new characters and creating this “impressionistic spin on New York in the 70s” they dubbed “disco noir.”

Colin Woodell plays the younger version of McShane’s character in the series, which will also star Mel Gibson, Peter Greene, Ben Robson, Hubert Point-Du Jour, and Nhung Kate.

Ayomide Adegun will appear as a younger version of Charon, the character played in the films by Reddick, who passed away unexpectedly in March.

The series premieres in September on Peacock.

Copyright © 2023, ABC Audio. All rights reserved.

As Trump faces charges in docs case, special counsel is quietly continuing Jan. 6 probe

As Trump faces charges in docs case, special counsel is quietly continuing Jan. 6 probe
As Trump faces charges in docs case, special counsel is quietly continuing Jan. 6 probe
Win McNamee/Getty Images

(WASHINGTON) — As former President Donald Trump makes his first court appearance in Florida to face federal charges related to his handling of classified documents, special counsel Jack Smith’s separate investigation into Trump’s efforts to overturn the 2020 election appears to be quietly pressing on inside a grand jury room in Washington, D.C.

Nevada GOP Chairman Michael McDonald and Nevada GOP committee member Jim DeGraffenreid were spotted by a network pool reporter Tuesday afternoon inside the Prettyman Federal Courthouse, where the Jan. 6 grand jury meets.

Both men were part of the failed 2020 effort to put forward slates of fake electors who would attempt to cast electoral college votes for Trump on Jan. 6, despite Trump’s loss in the state to Joe Biden.

The House Jan. 6 committee said the “fake elector” plan, set up in multiple swing states, assembled “groups of individuals in key battleground states and got them to call themselves electors, created phony certificates associated with these fake electors, and then transmitted these certificates to Washington, and to the Congress, to be counted during the joint session of Congress on January 6th.”

McDonald appeared before the House Jan. 6 committee but invoked his Fifth Amendment right to refuse to answer questions.

Trump has dismissed the investigations into Jan. 6 and blasted the Jan. 6 panel as partisan.

The Nevada Independent reported in June of last year that the FBI seized McDonald’s phone as part of its investigation in the fake elector scheme, well before the appointment of Smith as special counsel last November.

In May, eight of the so-called “fake electors” in Georgia accepted immunity in the Fulton County district attorney’s separate probe into the matter, according to their lawyer.

Smith was appointed in November by Attorney General Merrick Garland to oversee the investigation into Trump’s handling of classified documents after leaving the presidency, as well as efforts by Trump and his allies to overturn the results of the 2020 election.

Copyright © 2023, ABC Audio. All rights reserved.

Cyndi Lauper on why she made a documentary about her life

Cyndi Lauper on why she made a documentary about her life
Cyndi Lauper on why she made a documentary about her life
Dave Simpson/WireImage

Cyndi Lauper’s new documentary, Let The Canary Sing, will have its world premiere at the Tribeca Festival on Wednesday, June 14, and the singer is opening up about why she decided to let her story be told on screen.

“I just think a documentary sometimes helps show people how, because everybody starts out with somebody saying, ‘What are you going to do that for? Don’t do that. Get a real job,'” she tells The Hollywood Reporter. She added it’s “so amazing” when that starts to change and “they want to know what you’re doing and you try and explain, and they always say, ‘Well, good luck with your work.'”

She adds, “So instead of being disheartened, it’s good to learn about someone else and see how they made their good steps and bad steps.” 

Cyndi says she wasn’t very hands-on in the making of the doc, joking, “The only thing I got involved with, you know me, sitting in front of the camera,” although she did have to go and get photos and go through stuff from her past.

As for why she wasn’t more involved, she says, “And let me tell you — if you are really involved in your documentary, it’s no longer a documentary.”

As for what she thinks of it, Cyndi says she saw the film in its early stages and can’t really say if she enjoyed it or not, noting she felt like an editor. She explains, “I can only watch it for that, just make the facts straight. ‘This is what happened. This is the truth. That’s not.’ That’s all.”

Copyright © 2023, ABC Audio. All rights reserved.

Jamie Foxx, Teyonah Parris and John Boyega uncover a conspiracy in the trailer to Netflix’s ‘They Cloned Tyrone’

Jamie Foxx, Teyonah Parris and John Boyega uncover a conspiracy in the trailer to Netflix’s ‘They Cloned Tyrone’
Jamie Foxx, Teyonah Parris and John Boyega uncover a conspiracy in the trailer to Netflix’s ‘They Cloned Tyrone’
Netflix/Parrish Lewis

The trailer to Netflix’s They Cloned Tyrone starts out like the setup to a joke: “A hustler, a pimp, and a pro walk into a conspiracy.”

Set to Rockwell‘s ’80s classic “Somebody’s Watching Me,” the mystery caper comedy’s trailer features John Boyega, Jamie Foxx and Teyonah Parris as those respective archetypes sneaking into a home, only to discover a hidden lab and literally uncover a clone of Boyega’s character.

The unlikely trio soon starts to unravel a government conspiracy to make duplicates of the residents of their hood.

Juel Taylor, who directed Creed II and Space Jam: A New Legacy, called the shots on the Netflix film, which also stars David Alan Grier and Kiefer Sutherland. It debuts July 21.

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Jay-Z and Kanye West’s “N***** In Paris” goes Diamond

Jay-Z and Kanye West’s “N***** In Paris” goes Diamond
Jay-Z and Kanye West’s “N***** In Paris” goes Diamond
Jamie McCarthy/Getty Images for Roc Nation

Jay-Z and Kanye West teamed up for a track in 2011, and it’s now earned Diamond certification. According to the Recording Industry of America, the Watch the Thrones cut “N***** In Paris” was certified 10-times Platinum, marking Hov’s first Diamond record and Ye’s second. Ye previously went Diamond with the help of his single “Stronger.”

“N***** In Paris” debuted in September 2011, peaking at #5 on the Billboard Hot 100 and winning Best Rap Song and Best Rap Performance at the 55th annual Grammy Awards. The track was produced by Mike Dean, Anthony Kilhoffer and Hit-Boy, who took to Instagram to celebrate the new accomplishment.

“It’s a real blessing to be apart of the song that became jay-z first diamond record and producing the album that won Nas his first grammy. What a life,” Hit-Boy wrote in a tweet that seemingly mentions Nas’ King’s Disease album.

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