At special counsel’s request, judge pauses upcoming deadlines in Trump’s election interference case
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(WASHINGTON) — The judge in former President Donald Trump’s federal election interference case has paused all upcoming deadlines in the case, after special counsel Jack Smith filed a motion Friday requesting the pause.
As ABC News previously reported, Smith and the Justice Department are in talks about the best way to wind down the election case and his classified documents case, following Trump’s election victory on Tuesday.
The decision is based on longstanding Department of Justice policy that a sitting president cannot face criminal prosecution while in office, sources said.
“As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” Friday’s filing said. “The Government respectfully requests that the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
“By December 2, 2024, the Government will file a status report or otherwise inform the Court of the result of its deliberations. The Government has consulted with defense counsel, who do not object to this request,” said the filing.
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.
Smith subsequently charged Trump in a superseding indictment that was adjusted to respect the Supreme Court’s July ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken as president.
U.S. District Judge Tanya Chutkan has been in the process of considering how the case should proceed in light of the Supreme Court’s immunity ruling,
This is a developing story. Please check back for updates.
(MARCO ISLAND, Fla.) — Marco Island, a barrier island off southwest Florida, is under a mandatory evacuation ahead of Hurricane Milton’s anticipated landfall late Wednesday.
Though not everyone has evacuated.
Michael Sean Comerford, 65, told ABC News he decided to stay and watch his parents’ condo on the 23rd floor of a building while they evacuated to Naples, where his sister lives.
“I’m prepared,” he said Wednesday. “The island is closed. I have food and water for the next two days.”
Comerford said he’s not the only one who stayed behind in the building, which he said is expected to suffer a power outage in the storm.
“I feel like I’m going to survive it,” he said. “We’re not going to get the worst of it, but it’s going to be uncomfortable, given that there’s going to be power outages and it’ll be hot and dark.”
Comerford said he wanted to document what he sees for a book he’s writing about climate change, in which he talks to people on the Atlantic, Pacific and Gulf coasts.
Milton is expected to make landfall on Florida’s west coast Wednesday night, likely as a Category 3 hurricane.
The storm is forecast to make landfall farther north of Marco Island, though Comerford said there is still the “fear of the unknown.”
“If it takes a turn here this way, I don’t know what could happen,” he said. “I just don’t know. We’re getting all sorts of alarming warnings, but I think they’re directed at the people north of us.”
Comerford said he is preparing himself for “dramatic” storm surge. Marco Island could see 5 to 8 feet, according to forecasts.
“It’s going to be not insubstantial here,” he said. “The whole island could go underwater.”
ABC News’ Mark Guarino contributed to this report.
(INDIANAPOLIS) — A man has been arrested in the 1993 rape and murder of his 19-year-old neighbor in Indiana after he was linked to the case through genetic genealogy, authorities said.
On March 24, 1993, Carmen Van Huss’ father went to her Indianapolis apartment to check on her after she didn’t show up for work. He found his daughter dead on the floor, according to the probable cause affidavit.
She was naked and had multiple puncture wounds to her head, face and body, the document said.
“There were obvious signs of a struggle, including a knocked over table, clothing thrown on the floor, a large pooling of blood near the victim’s head, and blood spatter around the victim’s body,” the probable cause affidavit said.
A resident in the apartment directly below Van Huss told police that, in the early hours of March 23, he heard screams, crying, slamming, banging and “noises and voices of a male arguing that lasted approximately 30 minutes,” the probable cause affidavit said.
In the years that followed, police said they interviewed dozens of people and followed up on hundreds of leads. But the case went cold.
In 2013, the unknown suspect’s DNA was uploaded to CODIS — the nationwide law enforcement DNA database — but there wasn’t a match, according to the probable cause affidavit.
Then, in 2018, police said they submitted a DNA sample from the crime scene to Parabon NanoLabs to try to solve the case with forensic genetic genealogy — a new investigative tool that takes unknown DNA and identifies it by comparing it to family members who voluntarily submitted their DNA samples to a database.
In 2023, police said “various investigative methods and lead information from the genetic genealogy analysis” led to a suspect’s name: Dana Shepherd.
Police determined Shepherd was Van Huss’ neighbor in 1993. Their apartment buildings were connected internally by a shared common area, according to the probable cause affidavit.
In February, police were granted a warrant to obtain DNA from Shepherd, who was now living in Missouri and working at the University of Missouri, the probable cause affidavit said.
When police showed Shepherd the warrant, he “was visibly shaking,” the document said.
In June, testing determined that Shepherd’s DNA matched the DNA on Van Huss’ body and at the crime scene, police said.
Shepherd, 52, was arrested in Missouri last week on charges of murder, felony murder and rape, police said. He has not yet been extradited to Indiana, police said.
“There’s a lot of people that missed Carmen all these years,” Van Huss’ brother, Jimmy Van Huss Jr., said at a news conference Tuesday. “She had a lot of family, a lot of friends. She had cousins that loved her like sisters.”
“She wasn’t able to experience her college graduation or have a wedding or any of life’s events,” he said.
“She was taken from me when I was a freshman in high school. And I’m thankful that, finally, the man that did it is where he needs to be,” he said. “I do have hope that any similar case with DNA can get this same treatment with the genealogy and everything we have available today.”
(WASHINGTON) — Former President Donald Trump is once again brushing aside traditional debate preparations as his first match against Vice President Kamala Harris approaches, reverting to a similar strategy of policy meetings with advisers and a series of interviews and town halls.
In the week leading up to the Sept. 10 ABC News debate, Trump was on campaign trail for a town hall in Pennsylvania, gave an economic address in New York and will hold a rally in Wisconsin this weekend. His campaign said the former president sees talking to voters is a form of debate prep, too.
“Our debate and prep is every day. It’s called Donald Trump talking to voters,” one Trump campaign adviser said.
Trump campaign senior adviser Brian Hughes told ABC News that because Trump gives “dozens of unscripted interviews and can stand with reporters unscripted for hours at a time, he doesn’t need staff cheat codes to go into a debate.”
“He is reviewing policy with advisers,” Hughes said, adding that Trump is “always prepared to discuss his successful time as president.”
During a town hall event Wednesday with Fox News host Sean Hannity, Trump said he was “gonna let [Harris] talk” in the debate.
“When I had [President Joe] Biden, you and I had the same discussion. And I let him talk. I’m gonna let her talk,” Trump told Hannity when asked how he will respond to Harris when she tries to get under his skin.
In the last three weeks, Trump has only done two events that the campaign has described as rallies out of the nearly dozen campaign stops he has had — a break in the campaign’s traditional style.
The campaign instead has been persistent with scheduling more smaller-scale, policy-focused speeches and participating in moderated discussion panels with allies. During these events, Trump has worked to fine-tune his attacks on Harris, though, at times, he often struggled to stay on topic.
Trump and his campaign have long strayed from mock-style debates, and say that despite having a different challenger, his method remains the same. Rather, in between campaign stops, Trump and his campaign have been focusing on nailing down several different policy areas, a similar strategy to how he approached the June debate against Biden.
Trump had limited outbursts and personal attacks on the debate stage against Biden in June, and his campaign said he will focus on a similar strategy against Harris. Still, Trump has not held back on the trail, lobbing personal attacks at Harris.
The campaign has also tapped former Democratic Rep. Tulsi Gabbard, who recently endorsed Trump, for debate preparations. Campaign advisers took note of Gabbard’s debate performance against Harris and Biden in the 2020 Democratic primary, and made headlines at the time for taking aim at Harris’ record as a prosecutor.
In public comments over the weekend, Gabbard offered insight into the types of tactics she would advise Trump about ahead of next week’s debate, warning that Harris should not be “underestimated.” The former president has previously said he thinks debating Harris will be “easier” than Biden.
“I think Kamala Harris has a lot of experience. She’s not to be underestimated. President Trump and Vice President Kamala Harris have very different records,” Gabbard said.
She argued that Trump should focus on Harris’ flip-flops, which “will be an opportunity for voters to look at and compare and contrast those records.”
“It really is just sharing the experience that I have with her on that debate stage in 2020 and frankly, helping to point out some ways that Kamala Harris has already shown that she is trying to move away from her record, move away from her positions, and how that contradicts the positions and statements that she is making now that she is the Democratic nominee,” Gabbard said.
Trump also recently sat down for a town hall with Gabbard in Wisconsin, answering questions from voters on issues such as the economy, immigration and national security.
As the Trump campaign tries to focus on Harris’ record, another attack anticipated on the debate stage is the distinction that Harris is currently serving in the White House and can make policy decisions now.
“That’s one of the points that I will make all the time. Do it. You can do it right now,” Trump claimed in an interview with the Daily Mail last month.
The ABC News debate will take place on Tuesday, Sept. 10 at 9 p.m ET. A prime-time pre-debate special will air at 8 p.m. ET.
