Appeals court won’t hear Trump’s request to lift limited gag order in hush money case
(NEW YORK) — Former President Donald Trump has all but exhausted his efforts to eliminate the limited gag order in his criminal hush money case, after New York’s highest court on Thursday declined to consider his request to lift the order.
“Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved,” New York’s Court of Appeals said in a brief order.
The former president had been seeking the freedom to publicly criticize anyone associated with the case.
In April, Judge Juan Merchan barred Trump from making public statements about jurors, court staff, and relatives of those involved in the case, after Trump repeatedly targeted Merchan’s daughter on social media.
Trump was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election. He has said he will appeal the decision.
Once the trial concluded, Judge Merchan relaxed the part of the gag order that prevented Trump from targeting members of the jury and witnesses in the case.
Sentencing in the case currently scheduled for Nov. 26, after Mercand last week agreed to Trump’s request to delay sentencing until after the presidential election.
(WILMINGTON, Del.) — The federal judge overseeing the case of the former FBI informant charged with lying about President Joe Biden and his son Hunter Biden’s overseas business ties has rejected an effort to challenge the legitimacy of special counsel David Weiss’ appointment, according to court records.
The challenge from Alexander Smirnov’s attorneys was filed just hours after Judge Aileen Cannon unexpectedly dismissed former President Donald Trump’s classified documents case last month on the grounds that special counsel Jack Smith was unlawfully appointed — which is currently being appealed.
Judge Otis Wright’s ruling in the Smirnov case is yet another indication of how Cannon’s controversial dismissal of Trump’s classified documents case – which ran contrary to decades of precedent set by other courts — is not holding water with other judges weighing similar challenges to special counsels.
A separate judge overseeing Hunter Biden’s tax case in Los Angeles rejected a similar challenge to Weiss’ appointment earlier this month.
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.
Smith, in a filing on Monday, urged the 11th Circuit Court of Appeals to reverse Cannon’s decision.
(MEMPHIS, Tenn.) — “I wanted some kind of revenge. I was seeing red,” one of the former Memphis, Tennessee, officers who pleaded guilty to charges connected to the death of Tyre Nichols said on the witness stand Monday evening.
The federal trial of three former Memphis police officers charged in connection with the January 2023 beating death of Nichols continued Tuesday morning after prosecutors called ex-officer Emmitt Martin III to the stand, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom.
Martin, whose nickname on the force was “Full Can” for what prosecutors said was his use of pepper spray against suspects, started Tuesday’s testimony by watching the footage from the night of Nichols’ stop, WATN reported.
“They were assaulting him,” Martin said of his former partners. “I was already angry that he ran. I kicked him … They [his former partners] were holding him up. He was helpless.”
Martin admitted to kicking Nichols four times and punching him five times and said the Memphis resident remained passive even when officers were aggressive with him, according to WATN.
Martin testified at the trial of former officers — Tadarrius Bean, Demetrius Haley and Justin Smith — who were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
Martin and Desmond Mills Jr, the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
“You get your a– beat,” Martin said when prosecutors asked about a term his former unit used called the “run tax”, which referred to the consequences suspects paid for running from police, WATN reported.
Body camera video shows Martin tossing his camera so their confrontation with Nichols wouldn’t be recorded. Martin admitted to not using his body camera video and said he was unaware of the Skycop camera recording the incident above them until he saw it on the news, WATN noted.
“If I couldn’t justify, I would have to cover it up. I’m not going to tell on them [my partners] and they’re not going to tell on me. It was understood,” Martin said. “I lied.”
According to WATN, in police reports, narratives read that Nichol swung at officers and tried to grab Martin’s gun. Martin said he never saw that occur.
The ex-officer claimed that he was hit by a car in November 2022 and returned to work Jan. 3, 2023, according to WATN. Martin said he was scared, angry and eager to show he could still do the job and wanted revenge for being struck by a vehicle.
On Jan. 7. 2023, the night Nichols was pulled over, Martin said he saw Nichols speeding and changing lanes without a signal, WATN reported. The former officer said he ran Nichols’ license plate and it came back clean. Martin claimed that he switched to car-to-car radio channels and reached out to Haley, who said he would take the lead on apprehending Nichols.
Prosecutors noted that Martin and Haley were called the “Smash Brothers,” according to WATN.
Martin said he blocked Nichols’ car once he caught up to him — a maneuver department policy designates only for felonies — resulting in Martin escalating it to a felony stop even though it wasn’t, WATN reported.
Martin claimed that he and Haley both approached Nichols’ vehicle with guns drawn and Haley pulled him out, WATN noted.
“No, never got a chance to,” Martin said when asked if he gave Nichols any reasons for why they pulled him over, according to WATN. “Just didn’t.”
“You can be charged by the department and possibly [end up] here,” Martin said when prosecutors asked what his police training taught him about use of force, WATN reported.
Martin said they should’ve analyzed the situation first and gotten control of Nichols’ hands, WATN noted. He added that conflicting commands were given to Nichols during the arrest.
Body-camera footage shows that Nichols fled after police pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes after. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.
The prosecution told ABC News Thursday that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
SCORPION’s goal was to get guns and drugs off the street. Martin said that officers were picked based on productivity and remaining a member of the team depended on their statistics, WATN reported. Martin said they had zero arrests the night he spotted Nichols and they were told that if one officer had hands on someone that everyone had to have hands on them, WATN noted.
The trial was paused for lunch and Martin’s testimony continued after, according to WATN.
(BEL AIR, Md.) — Two people were found dead and another was injured after an explosion Sunday morning leveled a home and damaged multiple neighboring residences in a suburban Baltimore neighborhood, authorities said.
The blast was reported around 6:42 a.m. ET on Arthurs Woods Drive in Harford County, in the town of Bel Air, about 30 miles northeast of Baltimore, according to officials.
The two people killed in the explosion were identified Monday afternoon by the Maryland State Fire Marshal’s Office as 35-year-old Jose Rodriguez-Alvarado, a contractor for Baltimore Gas and Electric (BGE), and 73-year-old Ray Corkran Jr., the owner of the house that was destroyed.
Rodriguez-Alvarado was found in the widespread blast debris field and pronounced dead soon after firefighters arrived on the scene Sunday morning, according to the Maryland State Fire Marshal’s Office.
Search-and-rescue crews located Corkran’s body Sunday afternoon. It was buried under the rubble of his home, according to the fire marshal’s office.
“With the assistance of heavy machinery, investigators located the victim within the debris,” the fire marshal’s office said of Corkran.
Investigators said Corkran was the only person inside the house at the time of the explosion.
A female neighbor living adjacent to the home was also injured and treated at the scene, said Master Deputy Fire Marshal Oliver Alkire.
At least 12 families have been displaced by the blast, according to officials, who noted the total number of damaged structures is still being counted.
“While they continue to collect information on exact damages, the cost is expected to be in the millions,” according to the sheriff’s office.
A photo posted on X by Harford County Fire and Emergency Medical Services showed firefighters battling a small fire and searching the remains of the home, which was reduced to splintered pieces of wood, insulation and other debris.
“I’ve been on the job for 18 years and this was one of the largest explosions I’ve seen,” Alkire said during a news conference.
Alkire said firefighters from the Harford County Fire Department were responding to a report of a gas leak in the area when the explosion occurred.
Alkire said at least two BGE contract workers had responded to the area before the explosion to investigate an electrical issue. He said the workers were aware of reports of an odor of gas in the area when the explosion occurred.
Alkire confirmed that the house was for sale. Officials described the house as being a “total loss.”
The cause of the explosion remained under investigation Monday by the Maryland State Fire Marshal’s Office, the Harford County Sheriff’s Department and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. There is no evidence of criminal activity involved in the explosion and investigators are focusing on accidental causes, according to the Fire Marshal’s Office.
“Investigators will now focus on reviewing the evidence and data they collected yesterday. This includes physical items such as gas and electrical piping, interviews, video surveillance, and data from BGE,” the state fire marshal said in a statement Monday morning.
The National Transportation Safety Board (NTSB), which investigates pipeline accidents that occur during the transport of natural gas or other hazardous liquids, announced Monday that it had also launched an investigation into the house explosion. An NTSB team has arrived in Bel Air and plans to spend a week “documenting the scene and conducting an initial visual examination of the pipeline and equipment involved,” the agency said in a statement.
“NTSB investigations involve three primary areas: human factors, the pipeline system, and the operating environment,” the board said.
Residents in the neighborhood reported hearing the loud explosion and feeling their houses shake, authorities said.
Jefferey Beyers, who lives near the home that was destroyed by the blast, told ABC News that he and his wife were awakened by a “deafening explosion coupled with the kind of feeling of an earthquake.” Beyers pointed out windows in his house that he said were blown out from the frames.
“I think it’s important to get to the bottom of it, like understand what happened so that this kind of thing doesn’t happen again,” Beyers said.
Another neighbor, Marshall Garrett, told ABC News that he immediately rushed to the scene, beating the fire engines there. He described the scene as complete devastation and said it looked like something out of a movie.
“At first, we just saw the rubble,” Garrett said. “And then we started to see the flames streak out and the smoke goes in the air.”
ABC News’ Davone Morales, Perry Russom and Tia Humphries contributed to this report.