Court overturns prison sentence of Colorado 2020 election denier Tina Peters
Mesa County Clerk and Colorado Republican candidate for secretary of state Tina Peters reacts to early election returns during a primary night watch party at the Wide Open Saloon on June 28, 2022 in Sedalia, Colorado. (Marc Piscotty/Getty Images)
(MESA COUNTY, Colo.) — A Colorado appeals court has overturned the prison sentence of Tina Peters, the former Colorado county clerk who was convicted in a scheme to breach voting systems in search of evidence of election fraud in 2020.
In its decision on Thursday, the appeals court upheld Peters’ conviction but ordered her case to be sent to a lower court for a judge to issue a new sentence.
This is a developing story. Please check back for updates.
In this U.S. Coast Guard handout, the Coast Guard investigates aircraft wreckage on the Potomac River on January 30, 2025 in Washington, DC. (Petty Officer 1st Class Brandon Giles/ U.S. Coast Guard via Getty Images)
(WASHINGTON) — The National Transportation Safety Board on Tuesday presented a cockpit visual simulation demonstrating what contributed to the deadly mid-air collision between an Army helicopter and an American Airlines jet near Washington, D.C., last year.
The simulation indicates it was very difficult for both aircraft to see each other before the January 2025 crash that killed 67 people as the jet was landing at Ronald Reagan National Airport, according to the NTSB.
The first video shows the last three minutes before the collision from the viewpoint of the right seat of the helicopter.
Around 8:46:15, a magenta circle with a label “Flight 5342” appears just above the horizon on the right side of the upper portion of the screen. The label “Flight 5342” fades out about 8:46:35. The magenta circle tracks the lights of Flight 5342 and remains visible until the airplane becomes visually recognizable about a minute later.
After a Traffic Alert and Collision Avoidance System warning indicated in the transcript, the local controller on the ATC recording is heard asking the pilots if they have the CRJ (Flight 5342) in sight and the pilots confirm they do. It remains unclear what they thought they had in sight. There was only one controller working both the helicopter and plane traffic, the NTSB said.
The simulation screen goes black at the moment of the collision.
The second animation shows the viewpoint of pilots from Flight 5342 as the plane approaches the runway to land. According to the cockpit voice recorder transcript shared by the NTSB, the last words about one second before the crash from both the first officer and the captain were “oh” and “ohhh ohhhh” as the animation shows the helicopter colliding with the plane.
About 90% of wreckage from both aircraft was recovered by the NTSB.
A third animationshows what the local controller from the DCA tower saw at the time of the crash as they were handling the air traffic and issuing instructions. Based on the recordings, the NTSB said Flight 5342 was not warned by the controller of the nearby helicopter at any point. A conflict alert came 26 seconds before the collision between the two aircraft as they were 1.6 miles apart, according to the NTSB.
According to the NTSB, the local tower said they were concerned about the close proximity of the helicopter and Flight 5342.
“This coupled with the conflict alert that was active at the time, the controller should have issued a safety alert, which would have included updated traffic advisory information and an alternate course of action if feasible, neither were done. In this case, had a safety alert been issued, it would have increased the situation awareness of both crews and alerted them of their closing proximity to one another. Additionally, a timely safety alert may have allowed action to be taken by one or both crews to avoid avert the collision,” NTSB investigator Brian Soper said at the hearing.
Ahead of Tuesday’s hearing, Chair Jennifer Homendy said she fears that some of the agency’s safety recommendations, which will be issued at the conclusion of the hearing, may once again go unimplemented.
“Of course I’m concerned. We have 300 aviation recommendations that still haven’t been implemented. Those recommendations were issued because somebody died or was injured, and they have not been implemented yet. So here we are again,” Homendy told ABC News.
“So yes, at the end of this, I am concerned that we’re going to issue recommendations and that they won’t be implemented,” Homendy said. “I can tell you, and anyone who knows me knows I vigorously advocate for the implementation of our recommendations. I don’t care when it is. Could be 50 years later, as I did with positive train control, and I will not hold back on these.”
At Tuesday’s hearing, NTSB investigators will present their investigative findings to board members and the public. NTSB board members, including Homendy, will then question investigators and the parties to the investigation.
At the end of the hearing, the board members will vote on the probable cause of the crash and the agency’s safety recommendations. The NTSB can only make recommendations and does not have the authority to enforce them, therefore they are not always adopted.
Though a formal final report will be released two weeks after the hearing, this hearing will mark the end of what Homendy described as “one of the most complex investigations” conducted by the agency, which they had aimed to conclude by the first anniversary of the mid-air collision.
Homendy told ABC News the investigation “was not easy and it was definitely not straightforward.”
“We will start in one direction and then take it in a different direction, depending on what we’re finding, and then we’ll exclude things that didn’t have anything to do with the investigation. But we have to do our due diligence to make sure that we’re tracking all of that down, all that evidence to support that it wasn’t a factor, while also looking at the issues that were,” Homendy said.
Homendy said the helicopter altimeter discrepancy is what surprised her the most in this investigation.
“The altimeters I did not see coming, that we would have some problems with how the altimeters were reading,” Homendy said.
During last year’s three-day investigative hearing, investigators said they found discrepancies in the altitude data shown on radio and barometric altimeters on Army helicopters after conducting test flights following January’s accident.
It is likely that the helicopter crew did not know their true altitude due to notoriously faulty altimeters inside this series of Black Hawks, according to the investigation. At their closest points, helicopters and planes flew within 75 feet of each other near DCA, an astonishingly close number. During the hearings, the NTSB was told Army Black Hawks can often have wrong readings and a margin of error of +-200 feet.
Another key focus of Tuesday’s hearing is the close proximity of the helicopter route to the runways at Reagan National Airport. According to the NTSB, which cited FAA surveillance data, there were over 15,000 close-proximity events between helicopters and commercial aircraft at DCA between October 2021 and December 2024.
Homendy said warnings about the close proximity were raised by people, but they were ignored.
“Years ago, that hot spot was identified and [people] repeatedly tried to say that the helicopter route needed to be moved, and nobody listened. It was like the ultimate in government bureaucracy,” Homendy said.
“They were completely ignored. Told it couldn’t be done, not responded to, said it would probably be too political. Those are quotes from our interviews, but they went nowhere.”
At last year’s hearing, FAA officials cited “bureaucratic process” as a deterrent to addressing these issues.
Other topics expected to be discussed include the approval of helicopter routes near DCA, the experience level of the air traffic controllers working in the tower at the time of the crash, the visibility study, and the testing of the barometric altimeters.
When asked what stays with her from this investigation, Homendy pointed to a personal item recovered with the wreckage.
“In the hangar, we had the Black Hawk laid out. We had the wreckage laid out for 5342 and on the side next to 5342 there were some personal effects, and a lot of people mentioned different things, but every time I passed, there was a brown teddy bear, just eight inches maybe, and it was muddy and dried mud, dried water, and I just kept looking at the teddy bear, and that’s the thing that sticks with me,” Homendy said.
The newly elected Pontiff, Pope Leo XIV is seen for the first time from the Vatican balcony on May 8, 2025 in Vatican City, Vatican. (Photo by Christopher Furlong/Getty Images)
(NEW YORK) — Pope Leo addressed President Donald Trump on Saturday while aboard the papal plane on his trip to Angola.
The pope said recent remarks that appeared to address the U.S. president were prepared two weeks ago, before Trump had commented on him.
“Yet as it happens, it was looked at as if I was trying to debate, again, the president, which is not my interest at all,” he said.
he Terrorism Containment Center (CECOT) maximum security prison in Tecoluca, El Salvador, on Thursday, Sept. 7, 2023. (Camilo Freedman/Bloomberg via Getty Images)
(WASHINGTON) –A federal appeals court on Tuesday halted a criminal contempt inquiry into former Homeland Security Secretary Kristi Noem and other officials for last year’s deportation of more than 200 Venezuelans to El Salvador’s CECOT mega-prison, marking the second time in less than a year that the probe has been frozen.
A divided panel of judges on the D.C. Circuit Court of Appeals ordered an end to the inquiry, concluding that the probe into whether the officials knowingly defied a court order with the deportations “encroaches on the autonomy” of the executive branch.
The Trump administration, in March 2025, invoked the Alien Enemies Act — an 18th century wartime authority used to remove noncitizens with little-to-no due process — to deport two planeloads of alleged migrant gang members by arguing that the Venezuelan gang Tren de Aragua is a “hybrid criminal state” that is invading the United States.
U.S. District Judge James Boasberg issued a temporary restraining order and ordered that the planes be turned around, but Justice Department attorneys said his oral instructions directing the flight to be returned were defective, and the deportations proceeded as planned.
Boasberg subsequently sought contempt proceedings against the government for deliberately defying his order, and had concluded that “probable cause exists to find the government in criminal contempt” — but his inquiry was frozen by the same appeals court last year.
When Boasberg attempted to continue with his probe within the confines of the court’s order, the Trump administration filed an interlocutory appeal to stop the investigation outright.
“The district court proposes to probe high-level Executive Branch deliberations about matters of national security and diplomacy,” Judge Neomi Rao, one of two Trump appointees on the panel who ruled in favor of the government, wrote in Tuesday’s order. “These proceedings are a clear abuse of discretion, as the district court’s order said nothing about transferring custody of the plaintiffs and therefore lacks the clarity to support criminal contempt based on the transfer of custody.”
Judge J. Michelle Childs dissented from the majority and argued that Boasberg should have the latitude to proceed with basic fact-finding into the deportations.
“There is no question that there could be much to fear in a factual inquiry about the actions of potential contemnors who may have defied a court order. However, that does not mean that this court must intervene to end a criminal case before it begins, even for the Executive Branch,” she wrote.
In a sharply worded dissent, she argued that “the fate of our democratic republic” depends on whether courts can properly investigate and punish contempt.
“Without the contempt power, the rule of law is an illusion, a theory that stands upon shifting sands,” she said.
Lee Gelernt, the lead counsel representing the Venezuelans, said in a statement, “The opinion is a blow to the rule of law. Our system is built on the executive branch, including the president, respecting court orders. In this case there is no longer any question that the Trump administration willfully violated the court’s order.”
The Venezuelan nationals were ultimately released to their home country from CECOT in a prisoner swap last July.
ABC News’ Armando Garcia contributed to this report.