Trump fighting to bar use of White House lawyers’ grand jury testimony in special counsel probe: Sources

Trump fighting to bar use of White House lawyers’ grand jury testimony in special counsel probe: Sources
Trump fighting to bar use of White House lawyers’ grand jury testimony in special counsel probe: Sources
Anna Moneymaker/Getty Images

(WASHINGTON) — Former President Donald Trump is seeking to prevent the special counsel investigating efforts to overturn the 2020 election from using testimony provided by former top White House lawyers to a federal grand jury, sources familiar with the matter tell ABC News.

In recent weeks Trump’s attorneys have asked a court to bar special counsel Jack Smith from using testimony from former White House counsel Pat Cipollone and his former deputy Patrick Philbin as evidence in Smith’s ongoing investigation into the events surrounding Jan. 6, said the sources, who spoke about the confidential court battle on the condition of anonymity as they were not authorized to discuss nonpublic litigation.

Trump’s lawyers have also filed to prevent Smith from using former Trump lawyer Eric Herschmann’s grand jury testimony, the sources said.

Prosecutors in Smith’s office have urged an appeals court to reject Trump’s efforts, arguing that the matter is moot given that the three men have already spoken to the grand jury, the sources said in regard to the sealed testimony.

Representatives for Cipollone, Philbin and Herschmann did not respond to a request for comment from ABC News. The special counsel’s office declined to comment.

“The DOJ is continuously stepping far outside the standard norms in attempting to destroy the long-accepted, long-held, Constitutionally based standards of attorney-client privilege and executive privilege,” a source close to Trump who is familiar with the issues told ABC News.

Investigators late last year overcame a previous legal challenge that was made on the grounds of executive privilege. Both Cipollone and Philbin appeared before the grand jury in September 2022, but declined to answer some questions until issues surrounding claims of executive privilege were resolved. Chief Judge Beryl Howell of the U.S. District Court in Washington, D.C., ruled that claims of privilege by Trump didn’t apply, and Trump’s legal team did not seek to stay the ruling.

Cipollone and Philbin then appeared before the grand jury for a second time in December 2022. Trump’s lawyers appealed Howell’s ruling about a month later, after the two had already provided additional testimony.

Cipollone was one of the few aides with Trump on the day of the Jan. 6, 2021, Capitol riot, and is said to have significant insight into events before, leading up to, and after the attack. In the days following Jan. 6, Cipollone advised Trump that Trump could potentially face legal jeopardy in connection with his role encouraging supporters to march on the Capitol, sources said following the attack.

Both Cipollone and Philbin were part of a Jan. 3, 2021, Oval Office meeting where Trump mulled replacing then-acting Attorney General Jeffrey Rosen with Jeff Clark, a Trump loyalist who had vowed to use the DOJ to investigate alleged 2020 election irregularities.

Trump’s previously undisclosed attempt to suppress the lawyers’ testimony adds yet another dimension to the ongoing efforts by his legal team to slow the fast-paced developments in Smith’s investigations — including Smith’s separate probe into Trump’s alleged mishandling of classified documents after leaving office and Trump’s potential obstruction of the government’s efforts to retrieve them.

Last month DOJ investigators probing Trump’s handling of classified documents asked a judge to overrule attorney-client privilege and compel Trump attorney Evan Corcoran to answer questions about his interactions with Trump before a grand jury, sources previously told ABC News. The DOJ made the request on the basis of the crime-fraud exception, sources said, which allows for attorney-client privilege to be suspended in cases where it is suspected that legal services were rendered in the commission of a crime.

Oral arguments in the matter are scheduled for later this week, according to sources.

The special counsel has also asked a federal judge to compel former Vice President Mike Pence to testify after Pence was subpoenaed last month as part of the Jan. 6 probe, sources familiar with the matter previously told ABC News. Last week, Trump’s attorneys filed a motion to prevent Pence from testifying on the grounds of executive privilege.

Sources told ABC News that in February, prosecutors investigating efforts to overturn the 2020 election also moved to compel testimony from a number of other top Trump aides, including former chief of staff Mark Meadows. In some cases the motion seeks to break through claims of executive privilege that either some of the witnesses or attorneys for Trump have attempted to assert.

Copyright © 2023, ABC Audio. All rights reserved.

Actor Ben Savage is running for Congress to succeed California Rep. Adam Schiff

Actor Ben Savage is running for Congress to succeed California Rep. Adam Schiff
Actor Ben Savage is running for Congress to succeed California Rep. Adam Schiff
Dia Dipasupil/Getty Images for New York Comic Con, FILE

(WASHINGTON) — Former “Boy Meets World” star Ben Savage is running for Congress in California’s 30th Congressional District, he announced on Monday.

“I’m running for Congress because it’s time to restore faith in government by offering reasonable, innovative and compassionate solutions to our country’s most pressing issues,” Savage wrote in an Instagram post.

“And it’s time for new and passionate leaders who can help move our country forward. Leaders who want to see the government operating at maximum capacity, unhindered by political divisions and special interests,” he continued.

He described himself as a “proud Californian, union member and longtime resident of District 30 who comes from a family of unwavering service to our country and community.”

Savage is running for Democratic Rep. Adam Schiff’s seat while Schiff is now running to succeed Sen. Dianne Feinstein, who will retire at the end of her term.

In January, Savage submitted paperwork with the Federal Election Commission to run as a Democrat in the 30th District, which encompasses West Hollywood, Burbank and parts of Pasadena.

A representative for Savage told ABC News in a statement at the time, despite the filing, that “he is focused on his upcoming wedding. Ben is still making decisions and always looking for opportunities to give back and serve the community.” (Earlier in January, Savage announced he is engaged to Tessa Angermeier.)

This isn’t Savage’s first campaign to hold office. He ran unsuccessfully to be on the West Hollywood City Council in the 2022 election, focusing on community safety, housing and homelessness, according to his website.

Savage famously played the lead role of Cory Matthews on ABC’s “Boy Meets World” from 1993 to 2000 and then reprised his character in the 2014 reboot, “Girl Meets World.” His most recent roles were two TV films, in 2022 and 2020.

Savage has seemingly long had an interest in politics, having studied political science at Stanford University, where he graduated in 2004. He also interned for Pennsylvania Sen. Arlen Specter, then a Republican, in 2003.

The general election will be on Nov. 5, 2024.

Copyright © 2023, ABC Audio. All rights reserved.

Def Leppard share behind-the-scenes tour diary from Mexico shows

Def Leppard share behind-the-scenes tour diary from Mexico shows
Def Leppard share behind-the-scenes tour diary from Mexico shows
Kevin Mazur/Getty Images for Live Nation

Def Leppard and Mötley Crüe are currently on their joint world tour, and Def Leppard is giving fans a peek at what goes on behind the scenes. The band shared a tour diary shot during their recent shows in Mexico City and Monterrey, Mexico. 

The clip shows fans gathering for the concerts, the band at soundcheck, rehearsing backstage, performing for the crowd and more.

Joe Elliott shares that the Mexico City concert was for a crowd of 55,000, which is the largest audience they’ve ever played for in Mexico. “It was spectacular. It’s the only way I can describe it,” he says. “It was the first stadium show we’ve done since we finished in the states … it’s a different world down here … it was absolutely unbelievable.”

The Def Leppard/Mötley Crüe world tour hits São Paulo, Brazil, on Tuesday. A complete list of dates can be found at defleppard.com.

(Video contains uncensored profanity.)

Copyright © 2023, ABC Audio. All rights reserved.

Sen. Sherrod Brown pushes rail safety bill following another Ohio derailment

Sen. Sherrod Brown pushes rail safety bill following another Ohio derailment
Sen. Sherrod Brown pushes rail safety bill following another Ohio derailment
ABC News

(NEW YORK) — A Norfolk Southern freight train derailed Saturday in Springfield, Ohio, marking the fourth rail incident in the state in the last couple of months, including the toxic crash in East Palestine, Ohio.

Although the company said there were no hazardous materials in the latest incident, elected officials in the area have expressed more frustration with Norfolk Southern and called for better safety protocols.

Ohio Sen. Sherrod Brown spoke with GMA 3 about the incident and his legislation, the Railway Safety Act.

GMA 3: Joining us now is the senior senator from Ohio, Sherrod Brown. Senator, thanks for taking the time. Let’s jump right in to this because we have a lot to talk to you about. Begin by telling us the latest that you can share with us about the second Norfolk Southern derailment, which is near Springfield, Ohio.

SEN. SHERROD BROWN: That’s the fourth derailment in five months. Steubenville, Sandusky, of course, the most disastrous East Palestine in eastern Ohio and now Springfield. And I have some questions about Springfield that there was some residue in the cars. I want to make sure that that’s not a problem for local residents. But I mean, start with this: This is a company immensely profitable. They’ve done billions of dollars in stock buybacks. In the last couple of years alone…they’ve laid off a third of their workforce.

They’ve compromised on safety. The workers don’t have enough time to do the thorough inspections they should do. So companies like this do the kind of damage they did for, again, four derailments in five months in my state.

What it’s done to East Palestine, it’s going to take tens of millions of dollars to fix what they did, and people there are still suffering. [They’re] coming back into their homes, testing their water, testing the soil, testing the air, the damage to farmers and local businesses. So they still have a lot to answer for.

GMA 3: And while this new one is much different than what happened in East Palestine, you were just talking about that no hazardous chemicals were leaked. You met with residents of East Palestine last week. What stood out to you from that discussion? Are you satisfied with the cleanup efforts that are going on there?

BROWN: No, I’m not satisfied. I’m not satisfied that this company is going to change its behavior. I’m not satisfied that they have really listened to local residents whose lives are upended. They just want to get their lives back to normal. Norfolk Southern says they’re going to pay for everything. They said they’re going to pay for hotel stays and testing and damages. But one of the fears I have is what these chemicals mean for somebody two years, five years down the road.

And I compare that to what Congress did on the PACT Act, for the hundreds of thousands of veterans who were exposed to these football field-sized burn pits in Iraq and Afghanistan and breathed all this stuff in. We passed a law, the PACT Act, that simply says if you have one of 23 illnesses that we’ve identified in that law, you get immediate care at the VA without having to get a lawyer and suing and all of that.

I don’t know if that’s what we’re going to need to do in East Palestine. If we do, if we write a law like that or we’re going to hold Norfolk Southern accountable for the damage they did.

GMA 3: And Senator, we’re getting word today that Norfolk Southern announced and they announced it today that all of its trains over 10,000 feet will now use distributed power units, which will be remotely controlled and help with acceleration and braking. That’s what they have done. You have recently introduced your own suggested changes to this bipartisan Railway Safety Act of 2023. So I’m curious, what would that legislation do? And do you think it would have prevented what happened in East Palestine?

BROWN: Well, I don’t know if it would have prevented it, certainly would have mitigated the damage. It wouldn’t have been nearly this, this is damaging to a local community. Think about a couple of things. One hundred and fifty cars in East Palestine, many of them jumped the tracks. In Springfield, as you just reported, more than 200 cars.

That’s one of the things our bill does is create, would require a two-person crew. Norfolk Southern wanted to have a one-person crew on these trains. It also says it also mandates when these trains come into the state, they’ve got to notify the state authorities if they’re carrying hazardous materials so the state can then inform local firefighters to be ready in case something happens.

It improves the safety of wheel bearings, which has been the cause of more of these accidents than anything else. It ups the fines. The average fine Norfolk Southern paid in the last few years is $10,000 for safety violations. That’s pennies on the dollar of a company that gives $6, $7 billion in stock buybacks.

So we will do a number of those things in this bill. And Sen. [J.D.] Vance, the Republican sponsor, and I and then Sen. [Bob] Casey in Pennsylvania, we have three Republicans, three Democrats. As soon as I return this week…we’re going to work to get this bill through the Senate.

GMA 3: Now we hear you criticizing Norfolk Southern. You’re mentioning the stock buybacks. The CEO of Norfolk Southern, Alan Shaw, is due to testify before the U.S. Senate Environment and Public Works Committee on Thursday. Now, you’re not actually on that committee, but what would you like to see them press the company on?

BROWN: Well, I’m testifying too when the CEO does. I want him to promise to a congressional committee, to a Senate committee that he’s going to do all these things that he is going to notify when trains come into the state, that he’s committing to a two-person crew, that he will not object, that he will even support bigger fines, that he will pay, that they will reimburse all these residents.

Five thousand people live in that town. But we think the damage could be to farmers. A farmer told me that she has 25-herd of beef cattle. She’s getting calls from regular customers that buy a side of beef, half a beef. Is it safe this year? I don’t know. She doesn’t know. The customers don’t know.

So Norfolk Southern needs to commit especially to long-term health problems that might come to people in this community. They need to commit to pay for that, to bring this community back to normal as much as it possibly can.

Copyright © 2023, ABC Audio. All rights reserved.

“Permanent teenager” Seth Rogen presents teaser to ‘Teenage Mutant Ninja Turtles: Mutant Mayhem’

“Permanent teenager” Seth Rogen presents teaser to ‘Teenage Mutant Ninja Turtles: Mutant Mayhem’
“Permanent teenager” Seth Rogen presents teaser to ‘Teenage Mutant Ninja Turtles: Mutant Mayhem’
Paramount Pictures

Paramount Pictures and Nickelodeon Movies have released the teaser to Teenage Mutant Ninja Turtles: Mutant Mayhem, a computer-animated adventure starring the titular heroes that was co-produced, the teaser says, by “permanent teenager” Seth Rogen.

The studios tease, “After years of being sheltered from the human world, the Turtle brothers set out to win the hearts of New Yorkers and be accepted as normal teenagers through heroic acts. Their new friend April O’Neil helps them take on a mysterious crime syndicate, but they soon get in over their heads when an army of mutants is unleashed upon them.”

The movie will be the first time the “heroes in a half shell” will be seen in theaters since 2016’s Teenage Mutant Ninja Turtles: Out of the Shadows, and Rogen and Nick have pulled out all the stops with the voice cast for the new adventure.

Mutant Mayhem will feature the voices of Rogen as the warthog Bepop and John Cena as his rhino partner in crime, Rocksteady; The Bear‘s Ayo Edebiri voices O’Neil; Jackie Chan plays Master Splinter, and Paul Rudd voices the skateboarding lizard Mondo Gecko. The cast also includes Ice Cube, Rose Byrne and Giancarlo Esposito.

The movie hits theaters August 4, 2023.

Copyright © 2023, ABC Audio. All rights reserved.

SZA brings out Cardi B during sold-out show at Madison Square Garden

SZA brings out Cardi B during sold-out show at Madison Square Garden
SZA brings out Cardi B during sold-out show at Madison Square Garden
Sonja Flemming/CBS

SZA‘s SOS tour made its way to New York City this weekend for two sold-out nights at Madison Square Garden; one of them featured a guest appearance from Cardi B.

The rapper came out onstage to perform her verse on their song “I Do” and was immediately thanked for lending her time.

“This queen is so kind to even take time with two children and a bajillion-dollar career to come here,” SZA said. “Thank you so f***ing much.”

Cardi then asked the crowd, “Should we get ratchet?” and performed her part of GloRilla’s “Tomorrow 2.”

Cardi’s Instagram Story included videos of her singing SZA’s songs from her seat at the show, which she said “was amazing.”

“I recommend….It was giving vanilla & lavender aroma vibes…,” continued the rapper, whose appearance came after Phoebe Bridgers. “I loved it soooo much!”

Cardi and SZA’s “I Do” appeared on the rapper’s Invasion of Privacy, released back in 2018. Among her recent projects is her and husband Offset‘s limited-edition McDonald’s meal, which apparently isn’t supported by the owners of some Mickey D restaurants.

According to owners, the deal is not family friendly and violates the Golden Arches’ Code, which states that “partnerships with celebrities and influencers that have potential risk to damage our brand based on statements they have made or their positions on certain issues” aren’t allowed.

The guide also forbids “music partnerships associated with content that includes offensive language in the lyrics.”

A rep for the fast-food franchise, however, is standing behind the rappers’ meal. “McDonald’s stands behind our partnership with Cardi B and Offset,” the rep says, per TMZ. “They have been incredible partners and we support them as a family.”

The meal is in stores until March 12.

Copyright © 2023, ABC Audio. All rights reserved.

Hayden Panettiere talks return to acting with ‘Scream VI’

Hayden Panettiere talks return to acting with ‘Scream VI’
Hayden Panettiere talks return to acting with ‘Scream VI’
Good Morning America

Hayden Panettiere is opening up about how she manifested her return to acting in Scream VI.

The Heroes alum, who hasn’t acted since she played Juliette Barnes on the ABC series Nashville, which ended in 2018, told Good Morning America on Monday that she purposefully set out to once again play her fan-favorite Scream character, Kirby Reed, who first appeared in 2011’s Scream 4.

“I did have to take those four years off, and thank God I did,” the 33-year-old said. “I had to work on myself — my mental health, my physical health, my spiritual health.”

She continued, “And then when [Scream] popped up and came back around, I was like, ‘I want to be a part of that again’ because I hoped that Kirby was still alive. I willed her back into existence and I called them,” she said of Matt Bettinelli-Olpin and Tyler Gillett, the directors for 2022’s Scream.

Bettinelli-Olpin and Gillett got Scream fans hyped for Kirby’s potential return when, in last year’s film, they included an on-screen Easter egg that showed an image of the character with the headline “Interview with Woodsboro Survivor Kirby Reed!”

With Scream VI, which hits theaters March 10, fans see the survivors from the previous film — Melissa Barrera‘s Sam, Jenna Ortega‘s Tara, Jasmin Savoy Brown‘s Mindy and Mason Gooding‘s Chad — head to New York City only to face Ghostface again.

At the end of Panettiere’s segment, GMA co-anchor Michael Strahan expressed condolences to Panettiere and her family on the recent death of her brother, Jansen.

Jansen died suddenly last month at the age of 28 from an enlarged heart.

Panettiere patted her chest, adding that her brother was “right here with me.”

Scream VI arrives in theaters March 10.

Copyright © 2023, ABC Audio. All rights reserved.

Nashville Notes: Scotty McCreery’s charity effort + Keith Urban’s Vegas debut

Nashville Notes: Scotty McCreery’s charity effort + Keith Urban’s Vegas debut
Nashville Notes: Scotty McCreery’s charity effort + Keith Urban’s Vegas debut

Scotty McCreery raised more than $30,000 for the East Texas Food Bank with his headlining Good for Country concert in Lufkin, Texas, on Saturday, March 4. The event amassed a sold-out crowd of 4,500 people. 

Keith Urban launched his Las Vegas residency last weekend at Zappos Theater at Planet Hollywood Resort & Casino. Tickets for shows through July 1 are available now via Ticketmaster.

Tenille Townes and Bryan Adams unveiled a music video for their new duet, “The Thing That Wrecks You.”

Copyright © 2023, ABC Audio. All rights reserved.

Creedence Clearwater Revival’s “Have You Ever Seen The Rain” joins Spotify’s Billions Club

Creedence Clearwater Revival’s “Have You Ever Seen The Rain” joins Spotify’s Billions Club
Creedence Clearwater Revival’s “Have You Ever Seen The Rain” joins Spotify’s Billions Club
Photo by Lee Cherry

John Fogerty is the latest artist to reach the Billions Club on Spotify. Fogerty’s Creedence Clearwater Revival classic “Have You Ever Seen The Rain” has now reached over 1 billion streams on the streaming service.

“I am honored and humbled that my song has been loved by so many for all these years. I’m just so grateful,” Fogerty shares. “Ironically, I wrote this song about my band breaking up, but today, the song has found new meaning for me. I love to dedicate it to my family because they are the rainbow that comes from rain falling on a sunny day.” 

Spotify’s Billions Club currently has over 400 songs, including classics like Queen’s “Another One Bites The Dust” and Nirvana’s “Smells Like Teen Spirit.” CCR also lands at three on the list of the most overall monthly Spotify listeners of bands from the ‘60s. The only two bands ahead of them are The Beatles and Fleetwood Mac.

Released in January 1971, “Have You Ever Seen The Rain,” written by Fogerty, was featured on the band’s sixth studio album, Pendulum. It peaked at eight on the Billboard 200 album chart and became the group’s eighth record to be certified Gold. 

Copyright © 2023, ABC Audio. All rights reserved.

Hard-hit California braces for another round of snow

Hard-hit California braces for another round of snow
Hard-hit California braces for another round of snow
File photo — Franz Aberham/Getty Images

(NEW YORK) — In hard-hit California, the Sierra Nevada mountains are continuing to get pummeled with snow.

Another 17.5 inches of snow fell in the mountains over the last 24 hours. The area has now been buried by 16 feet of snow in the last two weeks.

The snowfall total for the season now stands at 48.33 feet, surpassing the total from the winter of 2016-2017. But this year isn’t the snowiest season on record; the winter of 1951-1952 holds the record at 67.65 feet of snow.

Light snow also fell this weekend in the mountains outside of Los Angeles, where people are still digging out from the more than 100 inches of snow that slammed the area over one week ago.

In San Bernardino County, crews have removed more than 7.2 million cubic yards of snow from highways, which equals nearly 2,270 Olympic-size swimming pools, according to the governor’s office.

On Monday, an avalanche warning is ongoing for the Sierra Nevada mountains.

Another storm is set to bring more snow to Northern California and the Sierras Tuesday into Wednesday, but this system isn’t expected to be strong.

The next major storm for California is expected for the end of the week for Northern California.

The atmospheric river will slam the San Francisco area with heavy rain and bring about 5 more feet of snow to the Sierras.

Editor’s note: This story has been updated to reflect the winter snow record in the region.

Copyright © 2023, ABC Audio. All rights reserved.