Twitter’s lawsuit against Elon Musk set for first hearing

Twitter’s lawsuit against Elon Musk set for first hearing
Twitter’s lawsuit against Elon Musk set for first hearing
Nikolas Kokovlis/NurPhoto via Getty Images

(NEW YORK) — A Delaware court on Tuesday is set to hold the first hearing in a lawsuit brought by Twitter against Elon Musk that would force him to complete his $44 billion acquisition of the company.

Court Chancellor Kathaleen McCormick has set a 90-minute hearing to debate whether to set a trial date for September.

Musk, the chief executive of Tesla and the richest person in the world, according to Forbes‘ Billionaires List, asked a Delaware court on Friday to reject Twitter’s attempt to put the merger case on trial in September, arguing it’s an “unjustifiable” time frame.

Twitter sued Musk in an attempt to force him to complete his purchase of the company, after he declared in early July he was walking away from the deal.

Twitter sought a four-day trial in September, saying the deal must be closed by an October deadline.

“Twitter’s bid for extreme expedition rests on the false premise that the Termination Date in the merger agreement is October 24, glossing over that this date is automatically stayed if either party files litigation. By filing its complaint, Plaintiff has rendered its supposed need for a September trial moot,” Alex Spiro, Musk’s attorney, wrote in Friday’s court filing.

The Delaware Chancery Court will determine whether Musk remains obligated to purchase Twitter.

Musk has claimed Twitter failed to disclose the number of fake accounts on the platform. Twitter has said 5% of active users are bots but Musk has said he believes the figure is higher.

“Post-signing, Defendants promptly sought to understand Twitter’s process for identifying false or spam accounts. In a May 6 meeting with Twitter executives, Musk was flabbergasted to learn just how meager Twitter’s process was,” Musk’s filing said.

The legal battle marks the latest chapter in a monthslong saga that began in January when Musk started investing in Twitter.

Musk reached an acquisition deal with Twitter in April, but in the weeks since, he has raised concerns over spam accounts on the platform, claiming Twitter has not provided him with an accurate estimate of their number. Twitter has rebuked that claim, saying it has provided Musk with information in accordance with conditions set out in the acquisition deal.

Musk asked the court to set a trial date no earlier than mid-February 2023.

Last Tuesday, Twitter sued Musk to force him to complete the deal.

“Musk refuses to honor his obligations to Twitter and its stockholders because the deal he signed no longer serves his personal interests,” Twitter said in the lawsuit. “Musk apparently believes that he — unlike every other party subject to Delaware contract law — is free to change his mind, trash the company, disrupt its operations, destroy stockholder value, and walk away.”

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Don McLean explains why he finally decided to share secrets about “American Pie” in new documentary

Don McLean explains why he finally decided to share secrets about “American Pie” in new documentary
Don McLean explains why he finally decided to share secrets about “American Pie” in new documentary
Courtesy of Paramount+

The new documentary The Day the Music Died: The Story of Don McLean’s “American Pie” gets its television premiere today on the Paramount+ streaming service.

The film, which focuses on Don McLean‘s enduring 1971 anthem “American Pie” and its legacy, features new interviews with the singer/songwriter, as well as with country star Garth Brooks, Beach Boys legend Brian Wilson, actor Peter Gallagher, “Weird Al” Yankovic, and others.

The film also tells the story of the 1959 plane crash that killed rock ‘n’ roll stars Buddy Holly, Ritchie Valens and The Big Bopper — the incident that serves as a launching point for the tune — and features McLean, for the first time ever, sharing details about the tune’s creation and the meaning behind its lyrics.

McLean had previously been reluctant to discuss the song’s enigmatic lyrics, but he tells ABC Audio that he recently had a change of heart, noting, “I’m at the last portion of my life, and I feel if people want to know, I’ll tell them everything I can tell them.”

Don recalls that as he was shooting his last interview for the film, “I said, ‘You know what? We’re missing the most important thing. I’ve got to talk about the lyrics of this song and how I did this, and what I was thinking.'”

Among the revelations McLean offers up are whether some of the enigmatic characters he mentions in “American Pie” actually were intended to represent such legendary music figures as Elvis Presley, Bob Dylan, The Beatles and The Byrds.

The documentary also includes segments about the recording of “American Pie,” and about McLean’s performance this year at the Surf Ballroom — the Iowa venue where Holly, Valens and The Big Bopper played the night they were killed — on the 63rd anniversary of the tragedy.

Copyright © 2022, ABC Audio. All rights reserved.

Jan. 6 committee chair Bennie Thompson tests positive for COVID-19

Jan. 6 committee chair Bennie Thompson tests positive for COVID-19
Jan. 6 committee chair Bennie Thompson tests positive for COVID-19
SAUL LOEB/AFP via Getty Images

(WASHINGTON) — Rep. Bennie Thompson, the chairman of the House select committee investigating the Jan. 6, 2021 attack on the U.S. Capitol, announced Tuesday he has COVID-19 two days ahead of a prime-time hearing Thursday.

“I tested positive for COVID-19 yesterday, and I am experiencing mild symptoms,” Thompson said in a statement. “Gratefully, I am fully vaccinated and boosted. I am continuing to follow CDC guidelines and will be isolating for the next several days.”

Despite Thompson’s diagnosis, the committee’s next hearing later this week will go on as planned.

“While Chairman Thompson is disappointed with his COVID diagnosis, he has instructed the Select Committee to proceed with Thursday evening’s hearing,” a spokesperson for the committee said in a statement. “Committee members and staff wish the Chairman a speedy recovery.”

Thursday’s hearing will focus on former President Donald Trump’s response to the attack, zeroing in on the 187 minutes between his speech at the Ellipse and his statement later that day telling rioters to go home.

Rep. Elaine Luria, D-Va., told “GMA 3” last week that evidence shows Trump wasn’t emphatic in his call to the rioters to stop the violence.

Luria will be leading the hearing along with Republican Rep. Adam Kinzinger.

“Mr. Kinzinger and I plan to go through that 187 minutes. What happened between the time that [Trump] left the stage, gave these inflammatory remarks and gave people the impression … that he was going to himself march with this crowd to the Capitol,” Luria said.

“[And] what happened between that moment and then around 4:17 in the afternoon, which is about 187 minutes later, when he finally made a statement to the nation, to the people at the Capitol to go home,” she added.

Cassidy Hutchinson, a top aide to former chief of staff Mark Meadows, previously testified that Trump was not empathetic to the violent language targeting his vice president during the riot — including calls to “hang Mike Pence.”

Two more aides in Trump’s White House are expected to testify before the panel, sources familiar with the matter confirmed to ABC News.

Former deputy White House press secretary Sarah Matthews and Matthew Pottinger, a member of the National Security Council during the Trump administration, are slated to speak Thursday. Both officials resigned from their posts on Jan. 6, 2021.

Thompson, a Mississippi Democrat, has opened each of the seven public hearings the committee has held since early June.

In his statement Tuesday, Thompson encouraged Americans to get vaccinated.

“The pandemic has impacted our lives, changed the way we work, and affected our daily activities,” he said. “Vaccinations are crucial to humanity. The message to unvaccinated Americans is to protect yourself from infectious diseases by getting vaccinated. We must continue to do our part.”

Copyright © 2022, ABC Audio. All rights reserved.

Chelsea Handler says in “anniversary” post that she’s broken up with Jo Koy

Chelsea Handler says in “anniversary” post that she’s broken up with Jo Koy
Chelsea Handler says in “anniversary” post that she’s broken up with Jo Koy
ABC/John Fleanor – ABC

Chelsea Handler has told her social media followers that she and fellow comedian Jo Koy have broken up — alongside a video message of the pair celebrating their almost-one-year anniversary.

The pair is shown goofing around in the video message, which Chelsea says they recorded “a little early,” and in which Koy accidentally clonks her on the tooth with a mannequin arm stuffed into his sleeve. And while the video explains what they’ve learned together in the past year, Handler’s caption says they’ve decided to part.

“In anticipation of celebrating our first year together, Jo and I recorded this video early, but…it is with a heavy heart to announce that we have decided together that it is best for us to take a break from our relationship right now.”

Chelsea continues, “I know many of you were invested in our love, and I wanted to express to you how much that meant to both of us. How much it still means. And how much I now believe in love for each one of us.’

The comic says Koi “blew my heart open with love,” adding, “because of him, my life experience has changed forever. To be loved and adored by @jokoy has been one of the greatest gifts of my life.”

“He renewed my faith in men, in love, in being 100% who I am, and I’ve never been more optimistic for the future,” Handler commented.

“This is not an ending. It’s another beginning,” she insisted.

“So, please continue to root for both of us,” Chelsea told her fans, following it with a plug for Koy’s upcoming movie, Easter Sunday.

Copyright © 2022, ABC Audio. All rights reserved.

UK temperature tops 40 C for first time, as Heathrow passes 104 F

UK temperature tops 40 C for first time, as Heathrow passes 104 F
UK temperature tops 40 C for first time, as Heathrow passes 104 F
Sebastian Gollnow/picture alliance via Getty Images

(LONDON) — The U.K. on Tuesday posted its highest temperature on record, breaking 40 degrees Celsius for the first time, after government officials declared a national emergency and issued unprecedented health warnings.

“London Heathrow reported a temperature of 40.2°C at 12:50 today,” the Met Office said.

The Met Office earlier on Tuesday had provisionally recorded a record-breaking temperature of 39.1 degrees Celsius (102.38 Fahrenheit) in the village of Charlwood, England. Temperatures are likely to rise throughout the day, they said.

Monday night saw the U.K. experience the hottest night on record, the Met Office said.

For the first time, the Met Office has issued a “Red warning” in response to the extraordinary heat.

The heat wave in Britain, which has been linked to climate change, follows a weekend of wildfires and soaring deadly temperatures in France, Portugal and Spain.

Thousands have been forced to flee wildfires in southern France and Spain, and more than 1,000 deaths have been linked to the heat wave in Portugal and Spain since earlier in July by the countries’ respective health ministries. France could experience its hottest day on record on Monday, according to local media.

The previous hottest day on record in the U.K. stands at 38.7 C (101.6 F.) But that is expected to be surpassed on Tuesday, with temperatures reaching 40°C (104 F) in parts of the U.K.

“Nights are also likely to be exceptionally warm, especially in urban areas,” the Met Office’s Chief Meteorologist Paul Gundersen said in a statement. “This is likely to lead to widespread impacts on people and infrastructure. Therefore, it is important people plan for the heat and consider changing their routines. This level of heat can have adverse health effects.”

Government scientists have warned that the frequency, intensity and duration of similar heat waves will increase in the coming century as the world continues to experience the effects of climate change.

“We hoped we wouldn’t get to this situation but for the first time ever we are forecasting greater than 40°C in the U.K.,” Dr. Nikos Christidis, a climate attribution scientist at the Met Office, said. “Climate change has already influenced the likelihood of temperature extremes in the U.K. The chances of seeing 40°C days in the UK could be as much as 10 times more likely in the current climate than under a natural climate unaffected by human influence.”

Despite the heat, schools are expected to remain open. However, there are concerns that U.K. infrastructure is ill-equipped to deal with such weather events. While offices are generally equipped with air-conditioning, only a small number of homes have air-conditioning units.

One Met Office meteorologist, Steven Keates, warned that the heat was not something to celebrate.

“This is not just another heatwave,” Keates told The Telegraph. “This is dangerous heat, because we’re not used to it. It’s simple –our infrastructure is not geared up for weather like this.”

“Do as little as possible,” he added. “Because heat is fatiguing and we are in slightly uncharted territory.”

Copyright © 2022, ABC Audio. All rights reserved.

Carl Nassib reflects on publicly coming out on social media, hopes for fall NFL season

Carl Nassib reflects on publicly coming out on social media, hopes for fall NFL season
Carl Nassib reflects on publicly coming out on social media, hopes for fall NFL season
ABC News

(NEW YORK) — NFL defensive end Carl Nassib initially “agonized” over his decision to publicly come out as gay last offseason following his sixth year in the league.

But ultimately, he realized that one Instagram post could be a way to create a positive narrative for others and help society’s conversation around sexual orientation, and so he became the first active NFL player to come out as gay.

Nassib, 29, spoke to ABC News’ Good Morning America co-anchor and former NFL star Michael Strahan about that life-changing moment on social media and where he is now.

“I stared at the phone for, like, an hour just looking at it, trying to hype myself up,” he recalled. “The last thing I said was like, ‘You know what — for the kids.’ And: pressed post.”

Nassib said it “definitely was some difficult times” over the 15 years while he considered sharing that part of his life publicly.

“Really struggling with who you are and trying to figure out that side of your life was definitely a tough part,” he said.

The former Oakland Raiders lineman, who was released earlier this spring, said, “I just wanted to show that it really doesn’t matter — your sexual orientation.”

“I came out to my close friends and family years ago. And I wanted to do it publicly because I wanted to stay ahead of the narrative,” he said. “I just wanted to own the story and make sure I did it on my terms. One of my biggest fears was that I would only be remembered for being gay.”

When it came to being in a locker room full of men in a sport considered to be more conservatively masculine, Nassib said, “I really wasn’t scared about that at all.”

“I had a great relationship with my teammates,” the Raiders former edge rusher said. “I just was met with the most incredible support from my teammates.”

Nassib’s announcement was met with a tidal wave of support on social media from celebrities, fellow players and fans.

“[I] actually hope that one day videos like this and the whole coming out process are just not necessary,” he said. “When people come out, they’re coming out of the closet because they’re afraid. They have fear that they’re gonna have negative impact on their life, on their relationships, on their job.”

He added, “I just hoped that one day we don’t have those fears — that’s the society I hope for one day. And I hope I can be a positive push in that direction.”

Statistics show that support for the LGBTQ+ community can be life-saving, according to a recent survey from The Trevor Project’s 2022 National Survey on LGBTQ Youth Mental Health that found 45% of LGBTQ youth had contemplated suicide in the last year, but those who had support from family attempted suicide at less than half the rate.

Nassib said he has a message for kids at home who see legislation like Florida’s so-called “don’t say gay” bill.

“They have support from a massive community of people who will love them no matter what, and we are making strides in a positive direction,” he said. “It won’t be a perfect road, and we just have to continue the course and make sure that we do it from a place of love and not from a place of animosity.”

Nassib donated $100,000 to the Trevor Project, which was matched by the NFL, to support the nonprofit that focuses on suicide prevention and support in the LGBTQ community.

The Trevor Project received many anonymous messages from the LGBTQ+ community thanking Nassib for his courage and honesty.

“You may very well have saved some lives today,” one message read. Another one stated, “Way to be a leader on and off the field, Carl. You are saving lives through your bravery.”

And finally another said, “Seeing your message today made me so excited to be part of a world I could see people like me in any sort of public role.”

“Love it. That’s incredible,” Nassib said after hearing the replies. “I hope that I can continue to be that person.”
 
For the last four years, Nassib said he has “been working on an app called Rayze” that “introduces volunteers and donors to causes and nonprofits that they’re passionate about” and allows people to easily donate to those causes.

As football season nears, Nassib, who said he was not surprised to be released by the Raiders, is preparing for camp as a free agent.

“It was a great time we had. I have so much love for Las Vegas. It allowed me to do a lotta great things,” he said. “And I think that there’ll be more — there’ll be better opportunities in the future.”

Without naming teams or organizations where he hopes to end up this fall, Nassib said, “the best scenario for me is, like, the best opportunity to show what I got. Got a lot in the tank.”

Copyright © 2022, ABC Audio. All rights reserved.

Biden to sign executive order on Americans held hostage or wrongfully detained abroad

Biden to sign executive order on Americans held hostage or wrongfully detained abroad
Biden to sign executive order on Americans held hostage or wrongfully detained abroad
Official White House Photo by Adam Schultz

(WASHINGTON) — President Joe Biden will sign an executive order on Tuesday that codifies a 2020 law dealing with Americans held hostage or wrongfully detained abroad.

Drawing on the 2020 Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act, the new executive order will reinforce the U.S. government’s efforts to support families of Americans wrongfully detained or held hostage overseas, according to the White House.

The order will authorize the federal government to impose financial sanctions on those who are involved — directly or indirectly — in wrongful detaining Americans abroad, the White House said. Moreover, government agencies will be directed to improve engagement with those Americans’ families, including sharing intelligence information about their loved ones and the government’s efforts to free them. The order will also charge experts across agencies with developing “options and strategies to deter future hostage-takings,” the White House said.

A senior Biden administration official told reporters that new sanctions will not be announced on Tuesday.

In addition to the executive order, Biden will introduce a new “risk indicator” — “the ‘D’ indicator” — to the U.S. Department of State’s travel advisories for particular countries to alert Americans of the risk of wrongful detention by a foreign government, according to the White House.

Starting Tuesday, the first countries to receive this additional risk indicator will be China, Iran, Myanmar, North Korea, Russia and Venezuela, another senior administration official told reporters. The “D” indicator joins the existing “K” indicator that covers the risk of kidnapping and hostage-taking by non-state actors, as well as a range of other existing risk indicators.

China’s “D” risk designation may spark ire in Beijing, where Chinese officials have largely tried to avoid the subject of wrongful detentions and where Western sanctions are a constant trigger.

Experts estimate that roughly 200 Americans are arbitrarily jailed in China, and that even more are subject to unlawful “exit bans,” barring them from leaving the country. Some advocates have pushed for the Biden administration to take a more vocal approach to secure their freedom, rather than the standard behind-the-scenes diplomacy. But the State Department has recently tried a similar strategy — updating their official advisory to American and instructing them to reconsider travel plans to China due to “arbitrary enforcement of local laws.”

Syria, with which the United States does not currently have formal diplomatic relations, will be notably excluded from the “D” risk designation on Tuesday. U.S. officials believe that while the Syrian government may not be currently holding American journalist Austin Tice in its custody, it could have valuable information on his whereabouts and perhaps those of other missing Americans. Tice, 40, was abducted in Syria nearly 10 years ago.

The White House recently held a telephone call for the relatives of detained Americans to share information with them about these new announcements. Some of them are in Washington, D.C., this week for the unveiling of a mural depicting their loved ones, according to a spokesperson for many of the families, Jonathan Franks.

Franks, who represents a group called the Bring Our Families Home Campaign, accused U.S. officials of holding a “one-way conversation with families” and ignoring their requests to meet with Biden.

The public mural in Washington’s Georgetown neighborhood will depict the faces of 18 American hostages and wrongful detainees, according to Franks. Among those featured will be American basketball star Brittney Griner, 31, and former U.S. Marine Paul Whelan, 52, both of whom remain detained in Russia, as well as U.S. permanent resident Paul Rusesabagina, 68, who inspired the acclaimed 2004 film Hotel Rwanda and was sentenced last September to 25 years in Rwandan prison over terrorism charges.

Franks accused the White House of rolling out these new steps in order to “pre-manage the press attention from many hostage families being in D.C. this week to unveil their mural,” saying “the White House is taking executive action to direct itself to follow existing law.”

The White House declined to comment in response to Franks.

According to the James W. Foley Legacy Foundation, there are actually 64 publicly known cases of Americans being held hostage or wrongfully detained around the world.

Copyright © 2022, ABC Audio. All rights reserved.

Chrissy Teigen celebrates one year of sobriety

Chrissy Teigen celebrates one year of sobriety
Chrissy Teigen celebrates one year of sobriety
ABC/Byron Cohen

Chrissy Teigen is one year sober.

Taking to Instagram on Monday, the model and celeb reflected on the past year and shared how she’s feeling these days.

“Not a drop of alcohol in 365 days! I miss feeling loopy and carefree sometimes, but to be honest toward the end, it didn’t give that fun feeling anymore anyhow,” Teigen, 36, wrote alongside a montage of videos featuring her with husband John Legend and their two children, Luna, 6, and Miles, 4.

“I drank to end crazy anxiety that later mostly went away when I – get this – quit drinking! sigh. anyhow I feel really good,” she continued. “Sometimes I get really frustrated looking back on days I should remember way better than I do because of alcohol.”

Teigen then recalled various events that she wished she could remember but couldn’t.

“Like when I drank cafe patron and fell asleep while an Outback Steakhouse chef taught me (my friends) how to make a bloomin onion at my house. I wish I was awake for that,” she expressed. “Wish I remembered really any awards show lol. There are pictures from huge moments in life where my eyes just look…gone. Some are from real work shoots, some just beach days with the family.”

Chrissy added that while she doesn’t know if she’ll never drink again, she does know that she doesn’t want to “be that way again… and for now, none is best.”

“I’ll let the bad dreams come up and try to sort them out in therapy, without booze. Prayers for a blooming onion redo, @outback??” Teigen concluded.

The post garnered support from fellow celebrities like Naomi Campbell, Katie Couric and Tinx, who spread love in the comments. Legend also cheered on his spouse, writing, “Soooooo proud of you, my strong beautiful wife!”

Copyright © 2022, ABC Audio. All rights reserved.

Kevin Samuels cause of death revealed

Kevin Samuels cause of death revealed
Kevin Samuels cause of death revealed
David Sacks/Getty Images

Medical examiners have determined a cause of death for Kevin Samuels.

According to TMZ, Georgia’s Fulton County Medical Examiner determined that the 57-year-old controversial YouTuber died of hypertension, also known as high blood pressure. It was also noted that Atenolol, a medicine used to treat hypertension, was found in Samuels’ system. The death was classified as due to natural causes.

As previously reported, Samuels died in May after collapsing in his home with a woman who has not been publicly identified. According to the incident report provided to ABC News by the Atlanta Police Department, the woman stated that she met Samuels the evening prior and spent the night with him. Upon Samuels’ complaint of chest pain, the woman attempted to help him, but he fell on top of her, after which she called 911.

Samuels was later transported to Piedmont Hospital for care.

Copyright © 2022, ABC Audio. All rights reserved.

In Brief: Peter Dinklage jumps onto ‘Hunger Games’ prequel, and more

In Brief: Peter Dinklage jumps onto ‘Hunger Games’ prequel, and more
In Brief: Peter Dinklage jumps onto ‘Hunger Games’ prequel, and more

Game of Thrones alum Peter Dinklage has been tapped to play Casca Highbottom in The Hunger Games prequel The Ballad of Songbirds and Snakes, alongside Tom Blyth as young Coriolanus Snow, Rachel Zegler as tribute Lucy Gray Baird, and Hunter Schafer as Tigris Snow. The film, per the studio takes place “years before 18-year-old Coriolanus would become the tyrannical President of Panem.” He’s alarmed to be assigned to mentor Lucy Gray. But after she grabs Panem’s attention by defiantly singing during the reaping ceremony, Snow thinks he might be able to “turn the odds in their favor,” leading to a “race against time to survive,” ultimately revealing who is a songbird, and who is a snake.” The Hunger Games: The Ballad of Songbirds and Snakes is due in theaters on Nov. 17, 2023…

Showtime announced on Monday that Desus & Mero, the late-night talk show hosted by Desus Nice and The Kid Mero, won’t return, amid reports of a falling out between the two, according to The Hollywood Reporter. “Desus Nice and The Kid Mero will be pursuing separate creative endeavors moving forward,” Showtime said in a statement. “Showtime’s late-night talk show Desus & Mero will not be returning for a fifth season. Its final episode aired Thursday, June 23.” Desus & Mero premiered on Showtime in 2019 after several years on cable outlet Viceland. The Showtime series ran for 180 episodes across its four seasons…

Mickey Rooney Jr., an original Mouseketeer, actor and musician who was the eldest child of screen legend Mickey Rooney, “peacefully passed away” Saturday at his home in Arizona, Paul Petersen, a fellow Mouseketeer, announced on Facebook. Rooney Jr. was 77. The cause of death is unknown. Rooney Jr. also played in bands with Willie Nelson and appeared with the actor-musician in the 1980 film Honeysuckle Rose, among others…

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