Special counsel asks appeals court to reverse judge’s dismissal of Trump’s classified docs case
(ATLANTA) — Special counsel Jack Smith filed his argument Monday urging the 11th Circuit Court of Appeals to reverse a federal judge’s surprise dismissal of former President Donald Trump’s classified documents case.
U.S. District Judge Aileen Cannon last month threw out the case against Trump that charged him with unlawfully retaining classified documents taken from his time in the White House and then seeking to obstruct the government’s efforts to retrieve them. Trump has pleaded not guilty to all charges.
Cannon’s ruling centered around arguments that Smith’s prosecution of Trump was illegitimate because, in her determination, Smith was unlawfully appointed by Attorney General Merrick Garland to his position as special counsel because he was never confirmed to his post by the U.S. Senate.
Special counsels have typically served previously as U.S. attorneys, who are appointed by the president and confirmed by the Senate. Smith was previously the acting U.S. attorney for the Middle District of Tennessee and was working for the International Criminal Court at the Hague prosecuting war crimes when he was tapped by Garland in November 2022 to lead both the classified documents probe and the federal election interference investigation.
Legal experts criticized Cannon’s ruling as running counter to decades of legal precedent set by other judges and appeals courts, which had rejected similar challenges to special counsels or other independently appointed prosecutors dating back to the Watergate scandal.
Cannon had already previously earned criticism in some quarters over her handling of the case as well as a number of unusual decisions seen as beneficial to Trump’s strategy of delaying any trial past the 2024 election.
In their filing Monday, Smith said Cannon’s ruling “conflicts with an otherwise unbroken course of decisions, including by the Supreme Court, that the Attorney General has such authority, and it is at odds with widespread and longstanding appointment practices in the Department of Justice and across the government.”
Smith’s filing, which characterized Cannon’s ruling as “strained” and “nonsensical,” cited a quote from Supreme Court Justice Brett Kavanaugh in which Kavanaugh, recounting his time serving under independent counsel Kenneth Starr, writes about the “deeply rooted tradition of appointing an outside prosecutor to run particular federal investigations.”
Cannon was previously overturned twice by the 11th Circuit prior to Trump’s indictment after she granted his attorney’s request to appoint a special master to review evidence the FBI had seized in its August 2022 search of Trump’s Mar-a-Lago estate, then ordered the FBI to temporarily pause its investigation.
(NEW YORK) — On the heels of the Perseid meteor shower earlier this month, August is offering another great astronomical sight — the rare combination of a supermoon and blue moon.
Beginning on Aug. 19, the super blue moon will reach peak fullness at 2:26 p.m. ET. Since that’s daylight hours in the U.S., Americans will have to wait for the evening to see the moon slightly past its peak, while still being noticeably larger and brighter than a typical moon view.
The super blue moon will appear full for three days, according to NASA.
A supermoon coinciding with a blue moon is exceptionally rare, the space agency reports, with the next pairing happening in January and March 2037.
What is a supermoon?
Supermoons are the biggest and brightest lunar views of the year, they occur when the moon’s orbit is within 90% of its closest approach to Earth, according to NASA.
During the moon’s closest approach to Earth, it can appear approximately 14% larger and shine 30% brighter than when at its farthest point in the orbit, approximately 226,000 miles away.
The term “supermoon” was originally coined by astrologer Richard Nolle in 1979.
Supermoons appear three to four times annually and always appear consecutively, according to NASA, which notes starting this month, the next three full moons will be supermoons.
The next supermoons will occur on Sept. 17, Oct. 17 and Nov. 15.
What is a blue moon?
Despite its name, blue moons have little to do with color and everything to do with timeliness. There are two types of blue moons – seasonal and monthly – and the blue moon on Aug. 19 will be seasonal.
A seasonal blue moon is the third full moon in an astrological season with four full moons, while a monthly blue moon refers to the second of two full moons in the same month.
The next seasonal blue moon is expected in May 2027, according to NASA.
While the super blue moon Aug. 19 won’t be blue, on rare occasions the moon has appeared blue. NASA reports that this occurs when tiny particles in the air, typically of smoke or dust, scatter away red wavelengths of light and cause the moon to appear blue.
How rare is a super blue moon?
While supermoons and seasonal blue moons are more common in the night sky individually, the combination of the two is quite irregular, according to NASA.
The time between super blue moons can be as long as 20 years but 10 years is the average. However, 2023 also saw a super blue moon in August.
Following Aug. 19, the next super blue moons will occur in a pair, in January and March 2037.
(NEW YORK) — Hurricane Francine strengthened on Tuesday into a Category 1 storm, with winds reaching 75 mph, as it churned in the Gulf of Mexico. The storm is expected to make landfall Wednesday afternoon or early evening in Louisiana, southwest of New Orleans.
Here’s how the news is developing:
Latest forecast
Tropical storm conditions have reached the Louisiana coastline, and life-threatening storm surge and hurricane-force winds are expected to begin in the next few hours leading up to Hurricane Francine’s landfall.
130PM: These bands will continue through the evening hours and into the overnight. Locally heavy rainfall and tornadoes will be possible inside these bands along with the damaging winds from the hurricane. pic.twitter.com/o8hu1Zng5A
A hurricane watch is in effect in New Orleans, where the worst impacts will be Wednesday afternoon through Wednesday night.
A tornado watch has been issued for parts of Mississippi and Louisiana, including New Orleans.
Storm surge will worsen throughout the day. Up to 10 feet of storm surge is possible in parts of Louisiana; up to 5 feet is possible in the New Orleans area.
Flash flooding is a major threat for Louisiana and Mississippi.
Conditions across Louisiana will start to improve overnight as Francine weakens and moves north into Mississippi.
Francine will rapidly weaken after landfall and become a tropical storm by Thursday, but it’ll still bring heavy rain to the South.
Flash flooding will remain a threat through the end of the week as Francine moves north into Tennessee, Kentucky and Missouri.
The threat for isolated tornadoes will continue through Thursday morning, especially in Alabama and the Florida Panhandle.
-ABC News’ Melissa Griffin
Conditions deteriorating in southern Louisiana
Conditions are deteriorating in southern Louisiana as Hurricane Francine gets closer to landfall.
The storm, located 120 miles southwest of Morgan City, Louisiana, is moving northeast at 13 mph.
Rain bands are moving on shore and the dangerous winds are closing in.
-ABC News’ Melissa Griffin
‘The time to evacuate has now passed’
With hours to go until Hurricane Francine makes landfall in Louisiana, “the time to evacuate has now passed,” Jacques Thibodeau, the director of the Governor’s Office of Homeland Security and Emergency Preparedness, said at a news conference.
“It is now time to go down and hunker down,” he said. “We are no longer in the, ‘Prepare for a hurricane’ — we are now in the, ‘Respond to a hurricane.'”
The White House has approved an emergency declaration for the state. The Louisiana National Guard expects to have 2,400 guardsmen ready for the storm, along with 58 boats, 101 high water vehicles and 61 aircrafts, officials said.
Louisiana Gov. Jeff Landry said he’s been in contact with the Federal Emergency Management Agency and the Army Corps of Engineers, and said he’s fully confident in all state and federal agencies working together before, during and after the hurricane.
Landry also encouraged residents to “take advantage of the power that you have currently and make sure that you charge all of your devices.”
-ABC News’ Alexandra Faul
New Orleans residents should start sheltering in place
Residents in New Orleans should stay off the roads beginning at noon ET and remain sheltered in place until Thursday morning, Mayor LaToya Cantrell said.
“Conditions will worsen throughout the day—stay safe!” she tweeted.
Hurricane Francine is expected to make landfall along the Louisiana coast this evening as a Category 1 storm.
By 11 AM, everyone in New Orleans should stay off the roads and shelter in place until tomorrow morning.
Francine is churning north as a Category 1 hurricane with 90 mph winds.
Landfall is forecast Wednesday afternoon or early evening as a Category 1 hurricane near Houma, Louisiana.
Life-threatening storm surge, flash flooding and hurricane-force winds are bearing down on Louisiana.
The storm surge could reach 10 feet along the Louisiana coast and wind gusts could hit 70 mph in New Orleans.
“Ensure you are in a safe location before the onset of strong winds or possible flooding,” the National Hurricane Center warned.
By Thursday morning, Francine will be bringing rain and gusty winds to Mississippi, and potential tornadoes to Alabama and the Florida Panhandle.
Throughout the day Thursday, the heavy rain and tornado threat will move into northern Alabama, Mississippi and Tennessee. Flash flooding is possible near Memphis and Nashville.
-ABC News’ Max Golembo
Weather warnings for Gulf Coast states
A raft of warnings was issued for cities in Louisiana, Mississippi and Alabama ahead of Hurricane Francine’s expected landfall on Wednesday afternoon.
A hurricane watch was issued for New Orleans, with hurricane warnings for Morgan City and Houma on Louisiana’s Gulf Coast.
Tropical storm warnings are in place further east, covering cities including Biloxi, Mississippi, and Mobile, Alabama.
Storm surge warnings were announced for both Biloxi — where water may rise up to 5 feet — and Mobile, where water levels may rise by up to 4 feet.
Francine is expected to make landfall as either a high-end Category 1 or low-end Category 2 hurricane, with winds between 90 and 100 mph, the National Hurricane Center said. The Category 2 classification begins with winds of 96 mph.
Landfall may bring tornadoes in areas around New Orleans, Biloxi, Mobile and Pensacola, Florida.
Heavy rain may cause flash flooding from New Orleans all the way up to Jackson, Mississippi through to Wednesday night. As the storm moves into Mississippi on Thursday, it is forecast to produce flash flooding and gusty winds.
Francine is expected to stall through Thursday night into Friday morning, bringing heavy rain to Memphis, Nashville and Paducah, Kentucky.
Francine 295 miles from Louisiana coast
Hurricane Francine is expected to make landfall southwest of New Orleans as a Category 1 hurricane on Wednesday afternoon.
As of early Wednesday, Francine was 295 miles southwest of Morgan City, Louisiana, heading northeast at 10 mph.
Data collected by Air Force Reserve Hurricane Hunter aircraft indicated that the storm strengthened in the early hours of Wednesday, with maximum sustained winds close to 85 mph — up from 75 mph on Tuesday night.
New Orleans under Hurricane Watch
Emergency officials in New Orleans, Louisiana, warned residents on Tuesday that they should be prepared to shelter in place as Hurricane Francine approached landfall.
A Tropical Storm Warning and Hurricane Watch were issued for areas along the southern Louisiana coast, including New Orleans. A Flood Watch was also issued in Orleans Parish through Thursday morning, the city said.
Mayor LaToya Cantrell signed an emergency proclamation.
“The storm track has shifted more towards the east, which has the potential to worsen impacts for the city, but the storm remains disorganized,” the city said in a statement.
(CHICO, Calif.) — A Northern California wildland fire that exploded overnight into the state’s largest blaze this wildfire season, destroying structures and prompting thousands of evacuations, was allegedly started by a man who pushed a burning car into a gully, authorities said Thursday.
The 48-year-old arson suspect charged with starting the Park Fire in Butte County near the city of Chico was arrested Thursday morning and jailed without bail, said Butte County District Attorney Mike Ramsey. The suspect’s name was not immediately released.
The suspect was allegedly spotted just before 3 p.m. local time on Wednesday, pushing a car that was on fire down a gully called “Alligator Hole” in Bidwell Park, near Chico, Ramsey said.
“The car went down an embankment approximately 60 feet and burned completely, spreading flames that caused the Park Fire,” Ramsey said in a statement.
A man who was later identified as the suspect was seen calmly leaving the area by blending in with other park visitors fleeing the rapidly evolving fire, Ramsey said.
The suspect is scheduled to be arraigned next week, Ramsey said.
The Park Fire in Butte County, California, and the Durkee Fire in Oregon, the largest fire burning in the nation, continued filling West Coast skies Thursday with smoke as gusty winds and treacherous terrain were dealing challenges to firefighters battling both blazes, officials said.
Park Fire becomes largest 2024 wildfire in the state
The Park Fire started around 3 p.m. Wednesday northeast of the city of Chico in Bidwell Park and by Thursday afternoon had burned 71,489 acres, destroyed an undetermined number of structures and caused the Butte County Sheriff’s Department to order evacuations for rural foothill communities in the area, including nearly the entire town of Cohasset, which has a population of about 400.
More than 1,100 firefighters were fighting the flames Thursday morning, using helicopters and cutting fire lines with bulldozers in a desperate attempt to prevent the fire from spreading to homes in the densely populated areas of north Chico, authorities said.
The Park Fire was just 3% contained Thursday morning, according to the California Department of Forestry and Fire Protection (Cal Fire).
“The fire is well established. Fire personnel are currently focusing on evacuations and structure defense while concurrently building direct containment lines utilizing bulldozers, fire crews and fire engines,” Cal Fire said in an updated statement Thursday morning. “More resources have been ordered and are inbound from various areas throughout Northern California.”
The cause of the fire remains under investigation.
At least 3,800 people were under evacuation orders in Butte and Tehama counties, officials said.
The Park Fire rapidly grew into the state’s largest conflagration this wildfire season, surpassing the Lake Fire near Santa Barbara in Southern California that started on July 5. As of Thursday morning, the Lake Fire had burned 38,664 and was 90% contained, according to Cal Fire. The blaze destroyed four structures and left at least six firefighters injured, Cal Fire reported.
The Butte County blaze was one of 64 new fires that erupted in California Wednesday, according to Cal Fire.
Rick Carhart, a spokesperson for Cal Fire, told ABC News Thursday that hot temperatures and steep, rugged terrain in the burning area are making things difficult for firefighters.
Carhart — who described the fire activity as “dynamic” — said the temperature in the area this week has been 100 to 110 degrees.
Officials said that in the first 12 hours of the fire, flames were burning 4,000 acres per hour.
“It’s very, very hot. It’s bone dry and pretty much every spark that hits the ground is going to start a fire,” Carhart said.
He said the area where the fire is most active hasn’t burned in 20 years, providing an abundance of dry vegetation that is feeding the blaze.
Cal Fire officials said the number of acres burned so far in this wildfire season is 15 times more than at this time in 2023. There have been nearly 800 more fires this year compared to last, including 54 that resulted in arson arrests, according to Cal Fire, in
Durkee fire is largest in the nation
In Oregon, the Durkee Fire in Baker County, which was sparked by a lightning strike on July 17, had grown to nearly 270,000 acres, or about 400 square miles, as of Thursday morning. The fire burning near the Idaho border was 0% contained and had spread into neighboring Malheur County, according to the Oregon Fire Marshal’s Office.
Oregon Gov. Tina Kotek announced on Wednesday that she has invoked the Emergency Conflagration Act to increase resources to battle the Durkee Fire and the Battle Mountain Complex Fire, which consists of three active fires that have burned a total of about 64,000 in the same area of Umatilla County in Eastern Oregon.
Kotek said she has also deployed the National Guard to the Durkee and Battle Mountain fires.
Kotek said in a statement that resources necessary for fighting the fires are beyond local capabilities.
“The wildfires in Eastern Oregon have scaled up quickly,” Kotek said. “We are facing strong erratic winds over the region that could impact all fires. Rain is not getting through. Some communities do not have power. The situation is dynamic, and the teams on the ground are taking it day by day. I have deployed resources from the National Guard that are currently serving eastern and southwestern Oregon. I know these communities are supporting one another, doing their part to heed the guidance from officials and showing tremendous gratitude for our firefighters.”
Kotek said the Durkee fire has merged with another large fire in the area, the Cow Valley Fire, creating one monster-size blaze.
The Baker County Sheriff’s Office said evacuation orders for residents living in the fire zone, including all 500 residents of the town of Huntington.
During a community briefing Wednesday night, fire officials said the Durkee fire was burning so hot it had created its own weather system.
Jonathan Chriest, a National Weather Service meteorologist assigned to the Durkee fire, said at a briefing that wind gusts fanning the fire were expected to reach 75 mph Wednesday night.
Temperatures in the area have been in the high 90s to triple-digits. Chriest said a cold front was moving into the area of the Durkee Fire that could lower temperatures through the weekend but could bring northwest winds of 30 to 45 mph and flash flooding.
“That fire has just not cooperated with us in terms of the weather. I don’t like making excuses and I don’t like fires outpacing me, so that’s a hard thing to admit,” Tyson Albrecht of the U.S. Forest Service, the incident commander on the Durkee Fire for Northwest Team 6, said at the briefing. “This fire and the weather that we’ve been experiencing has been really challenging. It will continue to challenge us, but we will continue to keep swinging away out there to minimize those impacts.”