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.
(NEW YORK) — A rideshare driver has been arrested for allegedly murdering his female passenger, who was found shot to death near a wooded area after she was reported missing, police announced Tuesday.
The victim, 30-year-old Chanti Dixon, was reported missing on Monday, according to Indianapolis Metropolitan Police Chief Chris Bailey. She had ordered an Uber around 3:30 a.m. Sunday to take her home from work, but she had not been heard from since then, according to the probable cause affidavit.
On Monday, police received a report of a dead person found near woods in a residential area of Indianapolis who was ultimately identified as Dixon, police said. She had an injury consistent with a gunshot wound, Bailey said.
The investigation led detectives to 29-year-old Francisco Valadez, who has been arrested on a murder charge, police said.
Police believe that Valadez, a rideshare driver, had picked Dixon up “just prior to her murder,” Bailey said during a press briefing on Tuesday.
“This is disgusting, it’s disturbing,” Bailey said. “No one deserves to be treated this way in our community.”
Valadez is in custody and is scheduled to appear in court on Thursday, according to online jail records. It is unclear if he has an attorney at this time.
The Marion County Prosecutor’s Office will make final charging decisions. Bailey said he anticipates there will be additional charges in the case.
Dixon was found at a dead end with a possible gunshot wound to the left side of her head, according to the probable cause affidavit. Two cell phones belonging to her were also found nearby, according to the affidavit.
Detectives traced the Uber information to Valadez, according to the affidavit. Valadez allegedly told police that after he dropped her off a man attempted to rob her and shot her in the leg, according to the affidavit. After being brought to the homicide office for an interview, Valadez told two different stories before allegedly admitting to shooting Dixon in his car while trying to have sex with her, according to the affidavit.
Valadez has been banned from Uber, the company said.
“Our hearts break for Ms. Dixon’s family and loved ones,” an Uber spokesperson said in a statement. “The details of this act of violence are atrocious and we will assist Indianapolis police however we can as they continue to investigate.”
Assistant Chief of Police Catherine Cummings said this is believed to be an isolated incident.
“As a woman, this hits differently for me,” she said during Tuesday’s press briefing. “Women, girls, mothers have a right to exist freely in our community without fear of something heinous happening to them. They have a right to walk, bike, order, rideshare without fearing something bad will happen to them. This is a family’s worst nightmare, and we extend our heartfelt condolences to her family during this trying time.”
Cummings and Bailey stressed to the community that rideshares continue to be a safe option.
“This woman is gone from the world unnecessarily by an evil act,” Bailey said. “I’m glad that we were able to find this individual as quickly as we did, so that he didn’t have an opportunity to perpetuate violence further in our community.”
(WASHINGTON) — Vice President Kamala Harris said her heart is “full of resolve” after losing the presidential election to former President Donald Trump.
“My heart is full today — full of gratitude for the trust you have placed in me, full of love for our country, and full of resolve,” Harris said Wednesday at her alma mater, Howard University, in Washington, D.C.
“The outcome of this election is not what we wanted, not what we fought for, not what we voted for. But … the light of America’s promise will always burn bright as long as we never give up,” Harris said.
“We must accept the results of this election,” she said.
Harris’ defeat came as Trump won the swing states of Pennsylvania, Georgia and Wisconsin overnight. Trump won another swing state, Michigan, on Wednesday.
Trump’s victory underscores just how deep voters’ frustrations were surrounding inflation and immigration, Republicans’ two top issues this election cycle as polls consistently showed Americans’ unhappiness with how President Joe Biden handled them. Trump’s return to the White House also suggests that Democrats were not motivated enough by the prospect of electing the first female president and that its base’s fury over the Supreme Court’s revocation of constitutional abortion protections has waned since 2022.
Harris had an extremely hurried campaign, which began this summer when Biden dropped out of the race and endorsed his vice president.
Biden, who plans to address the nation on Thursday, spoke with Harris on the phone Wednesday to congratulate her on “her historic campaign,” the White House said.
Trump and Harris also spoke by phone on Wednesday, according to the Trump campaign. Harris told Trump she will work with Biden to ensure a peaceful transfer of power, unlike the transition in 2020, according to an email Harris campaign chair Jen O’Malley Dillon sent to campaign staff.
This is a developing story. Please check back for updates.
(SPRINGFIELD, Ill.) — The Illinois Supreme Court has thrown out former “Empire” actor Jussie Smollett’s conviction for lying about a 2019 hate crime.
Smollett was found guilty in 2021 for faking a racist and homophobic attack and lying to the police. His lawyers said this violated his Fifth Amendment rights because, in 2019, Cook County State’s Attorney Kim Foxx had already agreed to drop the charges if Smollett paid $10,000 and did community service. A special prosecutor later charged him again, leading to his trial and conviction.
In its decision, filed on Thursday, the court stated they are resolving a “question about the State’s responsibility to honor the agreements it makes with defendants.”
The court stated it did not find that the state could bring a second prosecution against Smollett after the initial charges were dismissed as part of an agreement and the actor performed the terms of the agreement, noting that Illinois case law establishes that it is “fundamentally unfair to allow the prosecution to renege on a deal with a defendant when the defendant has relied on the agreement to his detriment.”
“We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust. Nevertheless, what would be more unjust than the resolution of any one criminal case would be a holding from this court that the State was not bound to honor agreements upon which people have detrimentally relied,” it said.
Among the cases cited in the court’s decision is Bill Cosby’s, whose conviction on sexual assault charges was overturned in 2021 by Pennsylvania’s highest court.
Cosby was sentenced in 2018 to three to 10 years in state prison for allegedly drugging and sexually assaulting former Temple University employee Andrea Constand in 2004. After hearing Cosby’s appeal, the Pennsylvania Supreme Court concluded that his prosecution should never have occurred due to a deal the comedian cut with former Montgomery County prosecutor Bruce Castor, who agreed not to criminally prosecute Cosby if he gave a deposition in a civil case brought against him by Constand.
While citing the Cosby case, the Illinois Supreme Court said the state “reneging on a fully executed agreement” after Smollett forfeited a $10,000 bond “would be arbitrary, unreasonable, fundamentally unfair, and a violation of the defendant’s due process rights.”
The Illinois Supreme Court’s decision cancels earlier rulings by Cook County and appellate courts. The court has now sent the case back to the lower court to officially dismiss the charges.
A jury convicted him in December 2021 on five of six felony counts of disorderly conduct stemming from him filing a false police report and lying to police, who spent more than $130,000 investigating his allegations.
He was sentenced to 150 days in county jail, ordered to pay $120,000 in restitution to the city of Chicago, fined $25,000 and ordered to serve 30 months of felony probation.
The case began after the openly gay actor told police that he was set upon by two men while walking on a street near his Chicago apartment early on Jan. 29, 2019. The attackers allegedly shouted racist and homophobic slurs before hitting him, pouring “an unknown chemical substance” on him and wrapping a rope around his neck.
Chicago police said Smollett’s story of being the victim of an attack began to unravel when investigators tracked down two men, brothers Abimbola and Olabinjo Osundairo, who they said were seen in a security video near where Smollett claimed he was assaulted and around the same time it supposedly occurred. The Osundairo brothers told police the actor paid them $3,500 to help him orchestrate and stage the crime.
In March 2019, a grand jury indicted Smollett on 16 felony counts of disorderly conduct for filing a false police report. In a stunning move, Foxx’s office dropped the charges later that month despite acknowledging Smollet fabricated the street attack on himself in an attempt to get a pay raise for his role on “Empire.” As part of an agreement with prosecutors, Smollett forfeited 10% of a $100,000 bond and preemptively completed community service prior to the charges being dropped.
The case was reopened in June 2019, when a Cook County judge appointed a special prosecutor to investigate the decision to dismiss all charges against Smollett. The actor was subsequently indicted again in February 2020 on six felony counts of disorderly conduct for making false reports to police.
