Trump sues to block release of Jan. 6 records to Congress

Trump sues to block release of Jan. 6 records to Congress
Trump sues to block release of Jan. 6 records to Congress
Stephen Emlund/iStock

(WASHINGTON) — Former President Donald Trump filed a lawsuit Monday against the Jan. 6 select committee and the National Archives as he seeks to block the release of presidential records related to his communications around the insurrection.

In the lawsuit, Trump’s attorney Jesse Binnall argues the committee “has decided to harass President Trump … by sending an illegal, unfounded, and overbroad records request to the Archivist of the United States.”

Binnall also accuses President Joe Biden of engaging in “a political ploy to accommodate his partisan allies” by refusing to block the release of Trump’s records to the Jan. 6 committee.

“The Committee’s request amounts to nothing less than a vexatious, illegal fishing expedition openly endorsed by Biden and designed to unconstitutionally investigate President Trump and his administration. Our laws do not permit such an impulsive, egregious action against a former President and his close advisors,” Binnall writes.

The lawsuit asks that the district court “invalidate the Committee’s requests” and enjoin the National Archives from turning over the records.

“At a bare minimum, the Court should enjoin the Archivist from producing any potentially privileged records until President Trump is able to conduct a full privilege review of all of the requested materials.”

The lawsuit could set up a contentious fight with potentially significant ramifications for both the work of the Jan. 6 committee investigating the Capitol assault and the ability for other former presidents to assert executive privilege over records from their administrations.

Earlier this month, Biden ordered the National Archives to release records identified by the select committee that Trump had sought to classify as privileged communications. In a letter to Archivist David Ferriero, White House counsel Dana Remus said the materials should be handed over within 30 days of notification to Trump, “absent any intervening court order.”

“President Biden has determined that an assertion of executive privilege is not in the best interests of the United States, and therefore is not justified as to any of the documents,” Remus wrote. “These are unique and extraordinary circumstances. Congress is examining an assault on our Constitution and democratic institutions provoked and fanned by those sworn to protect them, and the conduct under investigation extends far beyond typical deliberations concerning the proper discharge of the President’s constitutional responsibilities.”

While the Supreme Court following the Nixon administration previously ruled that former presidents should have some role in deciding whether their presidential records should be released, that precedent has so far not been tested when a current administration opts to deny the former president’s privilege assertions.

“The former President’s clear objective is to stop the Select Committee from getting to the facts about January 6th and his lawsuit is nothing more than an attempt to delay and obstruct our probe. Precedent and law are on our side. Executive privilege is not absolute and President Biden has so far declined to invoke that privilege,” Reps. Liz Cheney, R-Wyo., and Bennie Thompson, D-Miss., said in a statement Monday night. “Additionally, there’s a long history of the White House accommodating congressional investigative requests when the public interest outweighs other concerns. It’s hard to imagine a more compelling public interest than trying to get answers about an attack on our democracy and an attempt to overturn the results of an election.”

“The Select Committee’s authority to seek these records is clear. We’ll fight the former President’s attempt to obstruct our investigation while we continue to push ahead successfully with our probe on a number of other fronts,” Cheney and Thompson added.

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Trump sits for deposition in lawsuit brought by demonstrators alleging assault

Trump sits for deposition in lawsuit brought by demonstrators alleging assault
Trump sits for deposition in lawsuit brought by demonstrators alleging assault
littleny/iStock

(NEW YORK) — Former President Donald Trump sat for a deposition Monday at Trump Tower in New York City that lasted “several hours,” said an attorney for the plaintiffs suing him over an alleged assault.

“The deposition of Donald John Trump went not unlike any other deposition, any other employer that I’ve examined under oath,” the attorney, Benjamin Dictor, said.

The lawsuit stems from a 2015 protest outside Trump Tower that followed then-candidate Trump’s comments that Mexican immigrants were criminals and rapists.

A demonstrator, Efrain Galicia, was “violently attacked” by Trump’s security personnel as he attempted to retrieve a sign that security had confiscated, the attorney said.

“Mr. Trump is responsible for those actions,” Dictor said Monday after the deposition. “The public sidewalks are sacred.”

“Rather than protest peacefully, the plaintiffs intentionally sought to rile up a crowd by blocking the entrance to Trump Tower on 5th Avenue, in the middle of the day, wearing Ku Klux Klan robes and hoods,” Trump said in a statement released following the deposition. “When security tried to deescalate the situation, they were unfortunately met with taunts and violence from the plaintiffs themselves. Seeing this for what it is, prior to my deposition today, the Court dismissed almost all of the plaintiffs’ claims — except for a baseless claim for injuries they never suffered, and the temporary loss of a worthless cardboard sign which was soon thereafter returned to them.”

“After years of litigation, I was pleased to have had the opportunity to tell my side of this ridiculous story,” Trump said in his statement.

Monday’s deposition began at 10 a.m. and Trump “answered questions for several hours with his lawyer present,” Dictor said.

Dictor said he looked forward to presenting Trump’s sworn testimony to a jury as soon as possible.

Dictor declined to describe specific answers the former president gave to specific questions. However when asked to describe the deposition, Dictor said, “You all have seen the president for many years on the news, almost every night for five or six years now. The president was exactly as you would expect him to be.”

“He answered questions the way you would expect Mr. Trump to answer questions, and conducted himself in a manner you would expect Mr. Trump to conduct himself,” the attorney said.

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Ed Sheeran’s next album will be out “before the end of 2024,” says manager

Ed Sheeran’s next album will be out “before the end of 2024,” says manager
Ed Sheeran’s next album will be out “before the end of 2024,” says manager
Dan Martensen

Ed Sheeran‘s new album = (Equals) isn’t even out yet, but the “Bad Habits” star is already planning the release of his next one.  In fact, his manager says he keeps having to tell Ed to back off and wait a bit longer before he releases it.

Speaking to Music Week, Ed’s manager Stuart Camp explains, “He doesn’t like sitting on songs. They’ve either got to be given to someone else or they’ve got to be released, otherwise it just gets on his nerves that they’re there.” According to Camp, there are at least 60 to 70 songs left over from = (Equals) that are good enough to be on a future album.

“He keeps me telling me tentative dates [that he wants to release the next album] that are far too soon!” Camp complains. “So I’m like, ‘Let’s let this one live for a bit, shall we?'”

However, Camp is certain that if Ed’s upcoming world tour “goes on as long as people expect it to,” then the next record — which is expected to be called (Minus) — will come out “well before the end of it.” In fact, Camp declares that the album will out “before the end of 2024…for sure.” 

Camp promises “a few more surprises coming from Ed later this year, on top of the album” — one of which might be the Christmas single that Ed has said he and Elton John are putting out.

As for whether or not he and Ed expect = (Equals) to be as successful as ÷ (Divide) was, Camp says, “We know the market’s a different place, there are a lot more demands on people’s time and music is consumed in a different way…I think as long as he’s number one, he’ll be happy.”

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Watch Adele test her knowledge of British foods for ‘British Vogue’

Watch Adele test her knowledge of British foods for ‘British Vogue’
Watch Adele test her knowledge of British foods for ‘British Vogue’
Simon Emmett

Adele may be living in L.A. now, but she still knows her British foods.

The Tottenham native sat down at “Adele’s Cafe” with British Vogue for a blind taste test of some traditional British dishes. She was asked to guess classic meals like a full English breakfast and fish and chips, desserts including Banoffee Pie and Eton Mess, and some lesser known fare like Spotted Dick — which, in spite of its cheeky name, is a steamed pudding with dried fruit.

As the “Easy on Me” singer tested her food knowledge, she shared memories connected with certain dishes. She reminisced about working in a cafe when she was younger and how she learned to cook with Jamie Oliver recipes. Her specialties include spicy pasta and Sunday roast, which she makes for her son, Angelo.

Adele also revealed her obsession with Heinz ketchup. “I carry little sachets of Heinz ketchup everywhere with me,” she says. “Beyonce has hot sauce in her bag, I have Heinz ketchup.”

In the end, she successfully guessed eight out of the 12 dishes.

“I mean, it’s food! Just because I lost weight, I know everything there is to know about food,” Adele joked. “I eat so much food still.”

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Matt Sorum honored to work on latest solo album by ZZ Top’s Billy Gibbons: “Billy’s the coolest there is”

Matt Sorum honored to work on latest solo album by ZZ Top’s Billy Gibbons: “Billy’s the coolest there is”
Matt Sorum honored to work on latest solo album by ZZ Top’s Billy Gibbons: “Billy’s the coolest there is”
Mark Maryanovich; Ross Halfin

Matt Sorum played an integral role in the making of ZZ Top frontman and guitarist Billy Gibbons recently released solo album, Hardware, as the ex-Guns N’ Roses member co-wrote, co-produced and played drums on the entire record.

Sorum tells ABC Audio that he’s honored to have had the opportunity to work on the project with Gibbons, and is proud of the album, which they recorded with second guitarist Austin Hanks last year at a studio in California’s High Desert region.

“Billy’s the coolest there is,” Matt declares. “He looks cool, but he is cool.”

Sorum says the project came together after he and Gibbons teamed up early on during the COVID-19 pandemic to work on some new material, and after recording a couple of tracks at Matt’s studio, Billy said suggested they make a full album.

“The pandemic was happening, we were all off the road, so we went up to Pioneertown, California, and we lived at this old ranch, about 140 acres,” Sorum notes. “And it was the coolest thing.”

Matt says the desert setting had a major influence on the songs they wrote and the sound of the album, noting, “I really felt that the record came out great because of that energy around the environment we were in.”

As an example, Sorum shares how one of the tracks, the atmospheric, spoken-word tune “Desert High” came about after he explained to Gibbons that country-rock pioneer Gram Parsons — who was pals with The Rolling StonesKeith Richards — had died at a motel room down the road from the studio.

“So Billy goes, ‘He died in Room 8 and left it all to Keith?'” Sorum recalls. “And I went, ‘That’s the line!’ And we put it in [the song].”

Hardware is available now.

Copyright © 2021, ABC Audio. All rights reserved.

‘Dancing with the Stars’ 30 recap: Len Goodman breaks tie vote to send Melanie C home

‘Dancing with the Stars’ 30 recap: Len Goodman breaks tie vote to send Melanie C home
‘Dancing with the Stars’ 30 recap: Len Goodman breaks tie vote to send Melanie C home
ABC/Christopher Willard

The cast of Dancing with the Stars celebrated one of America’s most beloved movie musicals — Grease — on Monday and the night included several surprise cameos from the original cast… as well as a shocking goodbye.

Judge Len Goodman was forced to deliver yet another tie-breaking vote at the end of the night after the audience sent Spice Girl‘s Melanie C and influencer Olivia Jade into the bottom two. Len sided with fellow judge Derek Hough to spare Olivia, overruling Carrie Ann Inaba and Bruno Tonioli who opted to save the British singer.

Despite the painful goodbye, the night provided plenty of highlights.

Olivia Newton John, who played Sandy in the 1978 film, opened the show with a special dedication to the cast and crew. 

Frankie Avalon belted out “Beauty School Dropout” in the 1978 feature, performed the standout hit on the ballroom floor as Amanda Kloots danced the Viennese waltz. 

JoJo Siwa earned the season’s first perfect score. The actress nailed her foxtrot to “Look at Me I’m Sandra Dee (Reprise),” which brought Goodman to his feet to compliment the “superb” routine.

The night also saw Real Housewives of Atlanta star Kenya Moore‘s big comeback!  The reality star shook off the sting of almost being sent home for the past two consecutive weeks and earned her first straight set of 9s for her sensual rumba to “There Are Worse Things (I Could Do).”  

Dancing with the Stars returns with a spooky vengeance next Monday at 8 p.m ET on ABC, celebrating all things Halloween! Of course, that also means social media is ablaze over what — and how many — outfits host Tyra Banks will change into over the course of the night.

Here are the current standings:
JoJo Siwa, Nickelodeon star, with Jenna Johnson — 40/40
Amanda Kloots, The Talk co-host, with Alan Bersten — 39/40
Kenya Moore, former Miss USA, with Brandon Armstrong — 36/40
Melora HardinThe Office actress, with Artem Chivensky — 36/40
Suni Lee, Olympic Gold medalist, with Sasha Farber — 36/40
Olivia Jade, influencer, with Val Chmerkovskiy — 36/40
Jimmie Allen, country music singer, with Emma Slater — 34/40
Michael “The Miz” Gregory, WWE superstar, Witney Carson — 32/40
Cody Rigsby, Peloton instructor, with Cheryl Burke — 32/40
Iman Shumpert, NBA player, with Daniella Karagach — 28/40

Copyright © 2021, ABC Audio. All rights reserved.

COVID-19 updates: FDA may allow mixed boosters: Source

COVID-19 updates: FDA may allow mixed boosters: Source
COVID-19 updates: FDA may allow mixed boosters: Source
iStock/koto_feja

(NEW YORK) — The United States has been facing a COVID-19 surge as the more contagious delta variant continues to spread.

More than 722,000 Americans have died from COVID-19 while over 4.8 million people have died from the disease worldwide, according to real-time data compiled by the Center for Systems Science and Engineering at Johns Hopkins University.

Just 66.5% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the CDC.

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

Oct 18, 7:19 pm
FDA may allow mixed boosters: Source

The U.S. Food and Drug Administration is considering allowing Americans to receive a booster shots from a different brand than their original shots, a source familiar with the agency’s planning told ABC News Monday.

The New York Times first reported the proposal Monday evening.

The FDA is moving toward recommending people get boosters that match their original doses — from the Pfizer or Moderna or Johnson & Johnson — but the agency may also allow health care providers to give certain patients boosters that do not match their initial doses, the source said.

An advisory committee of the Centers for Disease Control and Prevention is slated to discuss boosters this week and could issue recommendations for boosters by the end of the week.

ABC News’ Eric Strauss

Oct 18, 6:11 pm
New Mexico enacts crisis of standard care

New Mexico’s growing coronavirus hospitalization has forced the state to enact a crisis of standard care, the state’s health department announced Monday.

“In particular, the volume of COVID-19 patients – almost all of whom are unvaccinated – have exacerbated existing staffing and other resource shortages,” the health department said in a news release.

Medical facilities statewide must now use a “more standardized and equitable procedure,” before deciding who gets care and temporarily suspend procedures that are not medically necessary, according to the health department.

More details on the crisis of standard care will be revealed later this week, the health department said.

ABC News’ Jennifer Watts

Oct 18, 5:31 pm
99% of Seattle public employees complied with city’s vaccine mandate

Just hours before the midnight deadline for its public employee vaccine mandate, the city of Seattle revealed Monday that 99% of its 11,000 employees have complied with the order.

Approximately 150 public employees had yet to submit documents showing their vaccination status as of Monday evening, according to city officials. About 5% of public employees were granted exemption, the city said.

When it came to specific departments, the city said 91% of Seattle Police Department employees were vaccinated and 7% received exemptions. As of Monday evening, 24 Seattle PD employees (2% of the department) did not submit vaccination documents to the city, according to officials.

The Seattle Fire Department reported 93% of its employees complied with the vaccine mandate and 6% received exemptions, the city said. As of Monday evening, 16 Seattle Fire employees (1% of the department) did not submit their vaccination documents, according to city officials.

ABC News’ Matthew Fuhrman

Oct 18, 3:24 pm
CDC now counts those with AstraZeneca, Novavax shots as ‘fully vaccinated’

The Centers for Disease Control and Prevention updated its definition of what it means to be “fully vaccinated” to include people who got the AstraZeneca and Novavax doses in clinical trials.

A person also should be considered fully immunized even if they mix their vaccines, the CDC announced Monday.

In general, people are considered fully vaccinated two weeks after their second dose in a two-dose series, such as the Pfizer-BioNTech or Moderna vaccines, or two weeks after a single-dose vaccine, such as Johnson & Johnson’s vaccine

The new guidance applies to COVID-19 vaccines currently approved or authorized for emergency use by the U.S. Food and Drug Administration — Pfizer-BioNTech, Moderna, and Johnson & Johnson — and can be applied to COVID-19 vaccines that have been listed for emergency use by the World Health Organization, such as AstraZeneca and Oxford.

The CDC is not recommending vaccines that are not FDA-authorized and has not yet made a decision on official guidelines for mixing doses.

The new guidance on interpreting vaccine records does not impact CDC recommendations on primary series vaccination and should not guide clinical practice, according to the CDC.

ABC News’ Anne Flaherty

 

 

Copyright © 2021, ABC Audio. All rights reserved.

Watch Carlos Santana, Steve Winwood and other stars discuss new Santana album, ‘Blessings and Miracles’

Watch Carlos Santana, Steve Winwood and other stars discuss new Santana album, ‘Blessings and Miracles’
Watch Carlos Santana, Steve Winwood and other stars discuss new Santana album, ‘Blessings and Miracles’
BMG

On Friday, Santana released their latest studio album, the star-studded Blessings and Miracles, and coinciding with the record’s arrival, a video feature offering a behind-the-scenes look at the making of the album has debuted at the band’s official YouTube channel.

The video features band leader Carlos Santana discussing how some of the project’s various songs came about, footage of him working on some of the tracks, and clips of many of the guest artists talking about the experience of collaborating with the guitar legend.

As previously reported, Blessings and Miracles features Santana teaming up with Steve Winwood, Matchbox Twenty‘s Rob Thomas, Metallica‘s Kirk Hammett, country star Chris Stapleton, late jazz keyboardist Chick Corea and others.

At the beginning of the video, Carlos — in his trademark cosmically spiritual way — reflects on getting the opportunity to work on new songs with his various talented collaborators.

“This divine intelligence is orchestrating, behind the scenes while I’m sleeping or doing whatever, a [variety of collaborations],” he declares. “And they present themselves to me. So all I have to do is say, ‘Yes, thank you for bringing your song to me. I would love to bathe in your song and compliment whatever is in front of me.'”

Among the album’s tracks is a cover of the Procol Harum classic “A Whiter Shade of Pale” featuring Winwood on vocals and Hamond organ.

In the video, Winwood says, “Carlos’ genius comes in a large part from a wonderful combination of rock music with Latin, Cuban rhythms. I’ve played with Carlos on numerous occasions over the past 50 years, and I’m very excited to be working with him again, still.”

The video also features commentary from Thomas, Hammett and Stapleton discussing their respective collaborations with Santana — “Move,” “America for Sale” and “Joy.”

Copyright © 2021, ABC Audio. All rights reserved.

Lil Nas X scores third number-one hit with “Industry Baby”

Lil Nas X scores third number-one hit with “Industry Baby”
Lil Nas X scores third number-one hit with “Industry Baby”
John Shearer/MTV VMAs 2021/Getty Images for MTV/ViacomCBS

Lil Nas X has scored his third number-one hit with a song that’s all about how he isn’t a “one-hit wonder.”

After 12 weeks on the chart, “Industry Baby,” featuring Jack Harlow, has finally reached the top of the Billboard Hot 100. According to Billboard, what did the trick was the fact that there were two new versions of the song went on sale earlier this month, and all three versions were discounted to 69 cents.

“Industry Baby” follows “Old Town Road” and “Montero (Call Me By Your Name)” on the list of LNX’s chart-toppers. Both “Industry Baby” and “Montero” are from the rapper’s debut album, Montero.

As Billboard notes, “Industry Baby” is Jack Harlow’s first number one, after he got as high as number two last year with “Whats Poppin.” In addition, the song is the fifth number one for Kanye West, who co-wrote and co-produced it. Kanye’s last number-one single on the Hot 100 was “Stronger” back in 2007.

Copyright © 2021, ABC Audio. All rights reserved.

Key takeaways from trial of 3 men in Ahmaud Arbery killing: Day 1

Key takeaways from trial of 3 men in Ahmaud Arbery killing: Day 1
Key takeaways from trial of 3 men in Ahmaud Arbery killing: Day 1
iStock/CatEyePerspective

(GLYNN COUNTY, Ga.) — As the trial of three white Georgia men charged with the 2020 murder of Ahmaud Arbery got underway Monday with jury selection, Arbery’s father said he is “focused on justice.”

The first group of prospective jurors was called to the Glynn County, Georgia, Courthouse to begin the arduous task of selecting a panel to hear evidence in the case.

Arbery’s family and their attorneys said they are not taking anything for granted.

“It is a lived experience for Black people in America that we can never take for granted that a white person will be convicted for killing a Black person, no matter how much evidence we have,” Ben Crump, one of the Arbery family’s attorneys, said during a news conference outside the courthouse in Brunswick, Georgia.

‘I know my son was lynched’

Arbery’s father, Marcus Arbery Sr., said he and his family are relying on the prayers of supporters from across the nation to get them through the trial that the lead prosecutor said could take until Nov. 19 to complete.

“I’m focused on justice,” Arbery Sr. said. “I know my son was lynched, lynched by a white mob.”

The three defendants are Gregory McMichael, 65, a retired police officer, his son, Travis McMichael, 35, and their neighbor, William “Roddie” Bryan, 52.

All three defendants have pleaded not guilty to charges of murder, aggravated assault, false imprisonment and criminal attempt to commit false imprisonment stemming from the Feb. 23, 2020, fatal shooting of Arbery in the unincorporated Satilla Shores neighborhood near Brunswick.

Prosecutors alleged Arbery was jogging through the neighborhood when Gregory McMichael saw him and thought he resembled a burglary suspect seen on a security video posted online by his neighborhood association. Gregory McMichael and his son allegedly armed themselves and with guns, and with the help of Bryan chased down Arbery in their pickup trucks, prosecutors said.

Travis McMichael allegedly shot Arbery three times with a shotgun after he was cornered and began fighting with Travis McMichael in the street. The fatal encounter was partially video recorded by Bryan on his cellphone and is poised to be the most significant piece of evidence prosecutors plan to present to the jury.

The McMichaels are claiming they were exercising their right to make a citizens’ arrest under a state law that was repealed following Arbery’s death. Travis McMichael is also claiming he shot Arbery in self-defense, according to his attorney.

Bryan claims he was just a witness to the incident, according to his lawyer. But prosecutors allege he was an active participant in the pursuit of Arbery and that he attempted to use his truck to block Arbery’s path.

In addition to state charges, all three men have been indicted on federal hate crime charges.

First 600 prospective jurors questioned

About 600 of the 1,000 prospective jurors who received questionnaires in the case were called to the courthouse on Monday to begin voir dire or the process to whittle down prospective the jury pool to 16 impartial people, including four alternates.

About 20 of the would-be jurors spent Monday afternoon answering general questions as a group before lawyers began questioning individual jurors. While Chatham County Superior Court Judge Timothy R. Walmsley, who was appointed to preside over the Glynn County trial, allowed the media to observe and livestream the general questions of the group, he barred cameras from filming questioning of individual prospective jurors.

During the general questioning of the first batch of prospective jurors, 13 of the 20 said they had already formed an opinion on the guilt or innocence of the accused based on pre-trial publicity.

Before the actual questioning of potential jurors began, a hearing was held on what questions prosecutors and defense attorneys will be allowed to asked candidates.

In addition to how much prospective jurors know about the case and whether they can put that aside and decide the case solely on the evidence presented in court, defense attorneys for the McMichaels proposed 30 additional questions. Many of the defense questions pertained to thoughts on racism, the Black Lives Matter movement and whether would-be jurors believe the Confederate flag — which the McMichaels had on their pickup truck — as a symbol of racism.

Linda Dunikowski, the lead prosecutor in the case, objected to more than half of the defense questions, calling them too broad or unrelated to the evidence, including whether prospective jurors supported the Black Lives Matter movement or participated in any social justice demonstrations before or after Arberry’s death.

“That question has absolutely nothing to do with what the defendants did on Feb. 23, 2020, and participating in a constitutionally allowable peaceful assembly about social justice has absolutely nothing to do with these defendants,” Dunikowski said in court.

Walmsley said he’ll allow some of the defense questions, but ruled most of them, including questions on gun ownership, were too broad or would lead prospective jurors to prejudge the evidence.

Walmsley also said he would not allow the attorneys to ask whether the prospective jurors are “concerned about your safety, your reputation, your livelihood if you were to be a juror on this case.” Robert Rubin, an attorney for Travis McMichael, said that was likely the most important question on the list.

“This is a case that has garnered significant attention in this community as well as around the country, and I have no doubt that the 1,000 or so individuals that were summoned when they received that summons, reacted in some way to that,” Walmsley said. “This is not an easy thing for anybody.”

 

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