Special counsel responds after Trump co-defendants ask judge to block release of report
Al Drago/Bloomberg via Getty Images
(WASHINGTON) — Special Counsel Jack Smith issued his first response Tuesday to an effort by Donald Trump’s co-defendants to have the judge who tossed his classified documents case issue an emergency order blocking Smith’s final report on the investigation.
Lawyers for Trump’s former co-defendants, Walt Nauta and Carlos De Oliveira, asked Judge Aileen Cannon — who dismissed the case in July after deeming Smith’s appointment unconstitutional — to issue an order barring Attorney General Merrick Garland from publicly releasing the report by Jan. 10.
In a brief filing, assistant special counsel James Pearce confirmed the office is “working to finalize” a report and Attorney General Garland — who has the final say over what material from the report is made public — has still not determined what to release from the volume that relates to Smith’s classified documents investigation.
The office assured Judge Cannon in their filing that Smith would not release that specific volume of the report anytime before 10 a.m. Friday and that they would submit a fuller response to Nauta and DeOliveira’s emergency motion no later than 7 p.m. Tuesday evening.
The legal maneuver by Trump’s now-former co-defendants came the same day Trump’s personal lawyers sent a letter to Garland demanding he remove Smith from his post and defer the decision about the report’s release to Trump’s incoming attorney general, Pam Bondi.
“No report should be prepared or released, and Smith should be removed, including for even suggesting that course of action given his obvious political motivations and desire to lawlessly undermine the transition,” wrote Todd Blanche and Emil Bove, Trump’s defense attorneys and his picks for top posts within the Department of Justice.
Smith has been winding down his cases against the president-elect, moving to dismiss Trump’s election interference case and dropping their appeal of his classified documents case against Trump, and is expected to submit a final report about his investigations to Garland before stepping down.
(NEW YORK) — The Texas Board of Education will vote Friday on whether to implement its new K-12 curriculum that calls for expanding Bible teachings in classrooms, after signaling its passage in a preliminary vote.
The curriculum includes Biblical and Christian lessons about Moses, the story of the Good Samaritan, the Golden Rule, readings from The Book of Genesis, and more. The accuracy of the materials has come under scrutiny. For example, the curriculum claims “Abraham Lincoln and other leading abolitionists relied on a deep Christian faith,” though Lincoln’s religion has historically been debated.
The instructional materials, called Bluebonnet Learning, are developed by the state, according to the Texas Education Agency. The lessons would be optional, but districts can receive at least $40 per student for using state-approved materials, according to local legislation.
Some supporters of instituting religion in the curriculum say that these religious texts are important for the historical context of U.S. history and can instill moral values in the classroom. While some critics said, this violates the First Amendment right to freedom of religion for students and teachers, forcing classrooms to engage in Christian instruction.
Texas Gov. Greg Abbott has spoken out in support of the Texas Education Agency’s curriculum after singing legislation directing the Texas Education Agency to purchase and develop instructional materials.
“The materials will also allow our students to better understand the connection of history, art, community, literature, and religion on pivotal events like the signing of the U.S. Constitution, the Civil Rights Movement, and the American Revolution,” Abbott said in a May statement. “I thank the TEA for their work to ensure our students receive a robust educational foundation to succeed so that we can build a brighter Texas for generations to come.”
The Freedom From Religion Foundation, an advocacy organization centering on the separation of state and church, has criticized the curriculum, claiming leaders are determined to “turn the state’s public schools into Christian training grounds.”
“The curriculum targets the youngest, most impressionable elementary students, starting by introducing kindergartners to Jesus,” FFRF Co-President Annie Laurie Gaylor said in an online statement ahead of the vote. “Religious instruction is the purview of parents, not proselytizing school boards. This is a shameful ruse by Christian nationalists in Texas who see the schools as a mission field.”
States like Texas, Oklahoma, Louisiana and others have been behind the push to enforce Christian-based school requirements, including the implementation of Bibles, the Ten Commandments and other religious doctrines in schools.
Pennsylvania State Police troopers found this sinkhole while searching for a missing woman; Pennsylvania State Police
(UNITY TOWNSHIP, Pa.) — Rescuers are desperately searching for a grandmother they believe fell into a deep sinkhole — holding out hope of finding her despite the difficult rescue conditions.
Elizabeth Pollard, who was last seen Monday evening, has not yet been found amid the complicated search effort in Unity Township, Pennsylvania, police said Wednesday morning.
The sinkhole is believed to be tied to an abandoned coal mine and formed while Pollard was walking in the area, officials said. Search crews have been able to make entry into the mine area, though the integrity of the mine has been compromised by the water they are using to break up the ground, Pennsylvania State Police Trooper Steve Limani said during a briefing Wednesday.
The search will continue as long as needed pending any safety concerns, though the digging process may be slower now, he said.
“Hopefully she’s in an air pocket,” Limani said during a briefing Tuesday evening, noting that there have been incidents in the region where people have survived similar situations in underground mines. “This is a rescue to me until something says that it’s not.”
Rescue teams from nearby areas have joined forces, swapping shifts to keep the effort going. Oxygen tankers are being delivered regularly to supply the mine shaft, and crews have made progress entering the underground area.
The conditions are tough, with clay-like soil making it difficult to dig, but rescuers remain determined.
“We’re doing everything we can, and no one is giving up,” said Limani.
He added, “It’s heartbreaking for her family and everyone here. But we’re not stopping. We’re all hoping for a miracle.”
Pollard was reported missing by a family member shortly before 1 a.m. Tuesday, Limani said at an earlier press conference Tuesday.
Pollard was last seen around 5 p.m. Monday, Limani said. The family member said Pollard had gone out to look for her cat Monday afternoon but has not been heard from since, he said.
Pollard’s vehicle was located shortly before 3 a.m. Tuesday with her 5-year-old granddaughter inside, though Pollard was nowhere to be seen, police said.
“At that point in time we realized this could be a very bad situation,” Limani said.
While searching for Pollard in the area, troopers found an apparent sinkhole with an opening about the “size of a manhole” 15 to 20 feet away from the vehicle, Limani said.
Emergency responders were called to the scene in what is currently being considered a rescue mission, authorities said. Local firefighters, a technical rescue team and the state’s Bureau of Mine Safety are among those working alongside an excavation team to remove dirt to access the sinkhole, Limani said.
The current evidence points toward Pollard being in the sinkhole, Limani said.
“We don’t feel a reason that we should be looking elsewhere,” he said.
The sinkhole appears to have been created during the time that Pollard was walking around, Limani said, noting there is no evidence the hole was there before she started looking for her cat.
The area where the sinkhole formed has a “very thin layer of earth” and appears to have been deteriorating “for a long time,” Limani said.
“It appears to be mostly just grass interwoven where she had stepped,” he said. “There wasn’t much earth at all to hold up that space.”
A camera inserted into the opening of the sinkhole showed a “big void, and it was all different depths,” Marguerite Fire Chief Scot Graham told reporters during the earlier press briefing.
A camera did not pick up any sounds, though authorities did see a “modern-type” shoe in the sinkhole, according to Pleasant Unity Fire Chief John Bacha.
“The process is long and it is tedious,” Graham said of the search effort.
The mine last operated in 1952, according to the state’s Department of Environmental Protection. The depth to the coal seam in this area is approximately 20 feet, a department spokesperson said.
Once the scene is clear, the department will investigate the site “to determine if this issue is the result of historic mine subsidence,” the spokesperson said.
Pollard’s granddaughter is safe, despite the cold temperatures overnight, and is currently with her parents, Limani said.
The family is asking for privacy at this time and is hoping for “good news,” he said.
“We need to get a little bit lucky,” Limani said. “We’re going to do everything we can.”
ABC News’ Alexandra Faul and Jason Volack contributed to this report.
(ATHENS, Ga.) — Police questioned the man accused of killing Laken Riley about multiple scratches on his arms a day after the 22-year-old nursing student was found murdered on the University of Georgia’s campus, body camera footage played Monday during the suspect’s bench trial showed.
Police spoke to the defendant, Jose Ibarra, who is an undocumented migrant, at his apartment in Athens on Feb. 23, while investigating Riley’s death. The Augusta University student was found beaten in a wooded area on the Athens campus on Feb. 22 after she didn’t return from a run, authorities said. Her brutal death became a rallying cry for immigration reform from many conservatives, including President-elect Donald Trump.
Special prosecutor Sheila Ross said last week that Ibarra was “hunting” for women on the campus and encountered Riley while she was on her run. Ross said the evidence shows an extended struggle ensued and Riley “fought for her life” before dying due to blunt force trauma and asphyxiation. Ibarra’s DNA was found under Riley’s fingernails, according to Ross.
Officers questioned Ibarra in connection with the murder after a suspicious jacket was found in a dumpster near his apartment, Ross said. Ring camera footage captured a man discarding the jacket, which had Riley’s hair on it, in the dumpster at 9:44 a.m. on Feb. 22, about 16 minutes after she died, Ross said.
University of Georgia Police Sgt. Joshua Epps testified Monday that he noticed a scratch on Ibarra’s right bicep while questioning him at his apartment.
“On his left arm, he had a forearm scratch that was very similar, which in my mind, looked like fingernail scratches to me,” Epps said.
Epps said he also observed a fresh “puncture” on Ibarra’s left wrist.
Prosecutors entered into evidence on Monday photos of Ibarra’s scratches on his arms and bruising on his palm.
Body camera footage of the officers’ questioning Ibarra was also played in court.
When asked about what happened to his right bicep, Ibarra told officers that he had a scratch but “didn’t exactly explain from where or how,” University of Georgia officer Rafael Sayan, who was called to translate during the questioning, testified on Monday.
When asked what happened to his left wrist, Ibarra first said he didn’t have anything there, then said, “It’s just a scratch,” according to Sayan.
When asked why his knuckle was red, Ibarra said it was because of the cold, Sayan said.
Ibarra was detained following the questioning, Epps said. He was arrested that day on murder charges in connection with Riley’s death.
During testimony on Monday, one of Ibarra’s roommates identified Ibarra as the man discarding the jacket in the dumpster, based on his cap and loafers.
Ibarra, 26, has pleaded not guilty to malice murder and felony murder.
Police have said they believe Ibarra — a migrant from Venezuela who officials said illegally entered the U.S. in 2022 — did not know Riley and that this was a “crime of opportunity.”
Additional charges in the 10-count indictment include aggravated battery, kidnapping with bodily injury, aggravated assault with intent to rape, obstructing or hindering a person making an emergency telephone call and tampering with evidence. The latter charge alleged that he “knowingly concealed” evidence — including the jacket found in the dumpster — involving the offense of malice murder.
Ibarra waived his right to a jury trial. The case is being presented in the Athens-Clarke County courtroom to Judge H. Patrick Haggard, who will render a verdict.
