Special counsel urges judge to reject Trump’s effort to dismiss Jan. 6 obstruction charges
(WASHINGTON, D.C.) Special counsel Jack Smith is urging the judge overseeing former President Donald Trump’s federal election interference case to reject an effort by Trump’s attorneys to throw out obstruction-related charges brought against him following a Supreme Court ruling this summer that narrowed the statute’s use against Jan. 6 rioters.
Trump’s attorneys have argued that the obstruction of an official proceeding statute should no longer apply to Trump’s alleged conduct in the indictment against him, arguing that Trump was never directly involved in obstructing the Jan. 6 vote-certification proceedings.
But Smith, in his new filing, said his recent superseding indictment clearly alleges Trump and his co-conspirators’ involvement in attempting to send fraudulent certificates to Congress that day, for then-Vice President Mike Pence to use as he presided over the certification.
“As set forth in the superseding indictment, the defendant and others began in early December 2020 to cause individuals to serve as the defendant’s purported electors in several targeted states with the intent that those individuals ‘make and send to the Vice President and Congress false certifications that they were legitimate electors,'” Smith wrote.
“Ultimately, the defendant sought” to “certify illegal votes” through “fraudulent elector certificates” that were “mailed to the President of the Senate, the Archivist of the United States, and others in connection with the January 6 proceeding to certify the 2020 presidential election results,” wrote Smith.
Trump last year pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in order to remain in power. In July, the Supreme Court ruled in a blockbuster decision that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office.
Smith subsequently charged Trump in a superseding indictment that was adjusted to respect the Supreme Court’s ruling.
In his new filing, Smith also disputed arguments put forward by Trump’s attorneys that the former president “bears no factual or legal responsibility” for the Jan. 6 Capitol attack.
The superseding indictment “plainly alleges that the defendant willfully caused his supporters to obstruct and attempt to obstruct the proceeding by summoning them to Washington, D.C., and then directing them to march to the Capitol to pressure the Vice President and legislators to reject the legitimate certificates and instead rely on the fraudulent electoral certificates,” Smith wrote.
(NEW YORK) — Three major wildfires were raging across Southern California Tuesday, threatening thousands of homes as firefighters and the state National Guard were battling to bring the flames under control amid a triple-digit heatwave, officials said.
The Line Fire in San Bernardino County, the Airport Fire in Orange County and the Bridge Fire in Los Angeles County are all being fueled by extremely dry vegetation and spreading rapidly, officials said.
The Line Fire
As of Tuesday afternoon, the Line Fire was threatening 65,600 structures, including homes and commercial properties, according to the California Department of Forestry and Fire Prevention (Cal Fire).
Fire crews achieved 5% containment on the blaze on Monday night as Gov. Gavin Newsom deployed the state National Guard to support the ongoing response to extinguish the blaze.
While evacuation orders were issued for 9,200 structures in the area, with another 56,400 structures under evacuation warnings, Cal Fire said no buildings have been destroyed or damaged.
“We’re pouring resources into this incident aggressively by deploying more air and ground support through the California National Guard,” Newsom said in a statement. “This is on top of nearly 2,000 firefighters, nearly 200 engines, and air assets we already have tackling this fire. California stands with these communities and has their backs.”
Newsom said the California National Guard will support the ongoing response to the Line Fire, the cause of which remains under investigation. Eighty troops split into four 20-person teams and one military police company have been sent to the fire scene to assist the San Bernardino County Sheriff’s Department with traffic control in evacuated areas.
National Guard troops are also helping firefighters battle the flames. Four UH-60 Blackhawk helicopters for water bucket dropping operations and two C-130 aircraft with Modular Airborne Fire Fighting Systems are among the resources deployed by the National Guard, Newsom said.
The fire, which ignited Sept. 5, is burning in steep and rugged terrain, making access difficult, Cal Fire said. Firefighters are working to build “control lines” to contain the blaze.
“Stronger winds are predicted Tuesday which could help fire spread and contribute to longer range spotting. Mid-week cooling may moderate fire activity and increase fuel moistures,” Cal Fire said.
The Airport Fire
Another major fire in Southern California broke out Monday afternoon in an unincorporated area of Orange County, prompting the evacuations of 1,427 homes, according to Cal Fire. The fast-moving Airport Fire in Trabuco Canyon in the hills southeast of Irvine had burned 9,333 acres by Tuesday afternoon, according to Cal Fire.
The fire was 0% contained Tuesday afternoon, according to Cal Fire.
Two firefighters battling the blaze were hospitalized with heat-related injuries and one civilian suffering from smoke inhalation was also treated at a hospital, Cal Fire said. The Fire was burning in the direction of the Cleveland National Forest.
At least four people, including a couple and their 3-year-old child who were hiking on a trail in the area, had to be airlifted to safety, officials said. A man and his cats were airlifted to safety from their home, officials said.
Several emergency communication towers on Santiago Peak in the fire zone, as well as towers operated by local broadcasting stations, were being threatened by the fire, officials said.
As of Tuesday afternoon, no structures had been destroyed or damaged, according to Cal Fire.
The Airport Fire began around 1 p.m. PT on Tuesday, sparked by county public works crews working on a fire prevention project by trying to move boulders to prevent public access — mostly by motorcyclists — to an area of the canyon with a lot of dry vegetation that could ignite easily, officials told ABC Los Angeles station KABC.
“The fire has been classified as unintentional,” said Orange County Fire Authority Deputy Chief TJ McGovern.
At least 1,000 firefighters were battling the blaze Tuesday.
The Bridge Fire
Elsewhere, the Bridge Fire, which started on Sunday afternoon in Los Angeles Country, had burned 4,178 acres as of Tuesday afternoon. The fire north of Azusa in the Angeles National Forest was 0% contained.
Evacuation orders are in place for a mobile home park, campgrounds and a small river community.
(WASHINGTON) — A piece of the Titan’s carbon-fiber hull recovered after the submersible’s deadly catastrophic implosion showed “anomalies,” a National Transportation Safety Board engineer said Wednesday during a weekslong hearing on the incident.
Don Kramer, the acting chief of the NTSB’s materials laboratory, testified during the U.S. Coast Guard’s hearing into the June 2023 implosion of the OceanGate submersible while on a deep-sea dive to the Titanic shipwreck.
Kramer said his team examined material from the manufacturing of the hull and found “several anomalies within the composite and the adhesive joints, including waviness, wrinkles, porosity and voids.”
They also examined a piece of the hull recovered from the ocean floor and found similar anomalies, including “waviness and wrinkles within the hull layers” and voids within the adhesive that joined the layers, he said. The recovered hull also showed “features consistent with rubbing damage at one of those adhesive joints.”
Kramer said the Titan debris on the ocean floor showed that the hull “encountered a significant amount of delamination” — or separating into layers — most of which was within or adjacent to co-bonded adhesive interfaces.
Asked by OceanGate’s counsel whether any of the delaminations, voids or rubbing damage could have been present before the implosion, as opposed to being caused by the implosion, Kramer said he is not offering analysis as to when they occurred.
Further asked by OceanGate’s counsel whether any of the issues he observed could have caused the implosion, Kramer said that is “still subject to our own internal analysis at this point.”
Strain response after loud bang on dive 80
Kramer also discussed the loud bang passengers heard as the Titan ascended during a dive that occurred a year before the implosion, on July 15, 2022 — referred to as dive 80 — which has been referenced throughout the two-week hearing. The bang was also detected by the Titan’s real-time monitoring system, which had sensors to detect acoustic events, as well as multiple strain gages to monitor mechanical strain, he said.
Kramer said his team determined that the hull’s strain response changed after this loud bang incident in subsequent dives in 2022. He said the strain gage data showed a change in the strain in the hull for four of the eight gages.
“Those changes persisted from dive to dive,” he said.
There was no difference when comparing the strain response to a dive prior to dive 80, Kramer said.
No strain data is available for dives conducted in 2023, according to Kramer.
Phil Brooks, OceanGate’s former engineering director, testified on Monday that following the loud bang on dive 80, the strain gage data showed a minor “shift,” though they did not see “any further shifts in strain data” on subsequent dives in 2022. Nothing “really seemed out of the ordinary,” and OceanGate co-founder and CEO Stockton Rush made the decision to continue dives, Brooks said.
Asked how his team arrived at its determination on the change in strain response based on the graphs of the available data, Kramer said, “I guess it’s a matter of opinion as to whether one can discern the changes in strain output.”
Brooks said Rush theorized that the loud bang was caused by the frame “readjusting back to its original shape” as it returned to the surface.
Kramer noted that the NTSB’s investigation is still ongoing, and the scope of his presentation was therefore limited.
Marine Technology Society draft letter to Rush
William Kohnen, the CEO and founder of submersible maker Hydrospace Group, said during his testimony on Wednesday that he would not have made a carbon-fiber hull. He said it would cost “too much money” and “is really, really difficult.”
The investigators asked Kohnen about a draft Marine Technology Society letter he wrote in March 2018 to Rush based on public safety concerns raised during a conference.
“This was considered an issue of where we as consensus, as professionals in this industry, had significant concerns — not on one particular thing, but the overall approach of neglecting the years of experience and tradition and diligence that we applied,” he said.
Kohnen said the letter was signed by around 40 members and went through other drafts, though the Marine Technology Society board never approved sending it to Rush on behalf of the society. Rush still managed to get a copy of the original draft letter, which Kohnen said they discussed over the phone.
During the call, Kohnen said he told Rush he found the language on OceanGate’s website confusing for the general public not familiar with submersibles and that they were “highly inferring” the experimental sub was classed, when that wasn’t the case. He said the website was subsequently updated.
Kohnen stressed the importance of classification and regulations to build safe submersibles.
“We have a record of 50 years without a single fatality until Titan,” he said. “It does indicate the power of our regulation.”
OceanGate suspended all exploration and commercial operations after the deadly implosion, which killed five people, including Rush.
The hearing on the incident is scheduled to run through Friday.
The main purpose of the hearing is to uncover the facts related to the implosion and to make recommendations, the Coast Guard said.
(NASHVILLE, TN.) — One person is dead, and nine others are shot and injured after gunfire erupted during homecoming celebration events for Tennessee State University, Nashville Police Department officials said.
Of the nine injured, three were juveniles ranging in age from 12-14 years old, and all are in non-critical condition at a local hospital, MNPD Public Affairs Director Don Aaron said.
Shortly after 5 p.m., an exchange of gunfire occurred between two groups of people. Officials said it was likely that innocent bystanders were shot during the incident. A total of ten people were shot, with one person, a 24-year-old, succumbing to their injuries.
Five people were transported to local hospitals via ambulance. Five others were transported by private vehicle, Metro Nashville Police Department Public Affairs Officer Brooke Reese said.
Officials believe that some of those injured and hospitalized were involved and are suspected of being involved in the gunfire, said Reese.
Injuries range from minor to critical condition, with some sustaining graze wounds, said Aaron.
One gun, a handgun, was recovered at the scene, he said. Officials believe that the suspects used handguns in the shooting.
Fire and police officials were already at the event to participate in the homecoming parade earlier today, authorities said. Some personnel were already at the scene when gunfire erupted, and used their belts to apply tourniquets to gunshot victims, Nashville Fire Department PIO Kendra Loney said.
Most people celebrating homecoming went to the Tennessee State University football game, which is being held at Nissan Stadium, Nashville North Precinct Commander Anthony McClain said. During the day, there was a large group of people gathered for the parade.
When the gunfire began about two hours ago during the event, “a few folks ruined it for everybody,” McClain said.
This is a developing story. Please check back for updates.