Amid Adams scandal, former city hall official arrested, charged with witness tampering and destroying evidence

(NEW YORK) — The Chinese effort to hack prominent Americans is far more pervasive than previously reported, ABC News has learned.

Sources told ABC News that U.S. law enforcement and intelligence officials are concerned the espionage operation by the Chinese government may have been in place for well over a year — and perhaps longer — before it was recently discovered.

The Chinese appear to have been able to gather large volumes of data in a sweeping covert campaign targeting the cellphones and mobile devices of business leaders and other high profile Americans of both political parties, according to sources familiar with the investigation.

The evidence is mounting that in some cases the Chinese operation was able to tap into, or get access to, what cellphone users of Verizon, AT&T and Lumen were communicating.

Authorities are trying to determine whether the Chinese were able to listen to conversations and watch text messages in real time, as they were occurring, or if they captured the material for review at a later time.

Sources said that U.S. officials are only beginning to understand the breadth of the Chinese operation, but what they have found so far is deeply concerning and represents a massive breach of privacy on a disturbing scale.

The targets have included not only former President Donald Trump and Sen. JD Vance, but also individuals working in a number of government agencies.

The FBI is systematically contacting victims, sources said.

Salt Typhoon, the name given to an advanced, persistent threat actor run by the Chinese government, is believed to be behind the operation.

Intelligence officials suspect Salt Typhoon hackers exploited routers as a gateway to cellphones and mobile devices, and there is concern that Chinese capabilities for intrusion may have made significant advances.

In a statement issued last month, Verizon representatives said, “We are aware that a highly sophisticated nation-state actor has reportedly targeted several U.S. telecommunications providers to gather intelligence. Along with federal law enforcement, industry peers and third-party cyber experts, we have been and are working to confirm, assess and remediate any potential impact. Verizon is committed to assisting law enforcement in this investigation.”

Representatives for AT&T and Lumen declined to comment.

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(NEW YORK) — Daniel Penny “used far too much force for far too long” and though he may be an “honorable veteran” and “nice young man,” he was reckless with Jordan Neely’s life because “he didn’t recognize his humanity,” Assistant District Attorney Dafna Yoran said in her opening statement Friday during the trial over the fatal chokehold.

“He was aware of the risk his actions would kill Mr. Neely and did it anyway,” Yoran said.

Penny is charged with manslaughter and negligent homicide in the May 2023 death of Neely, a homeless man who was acting erratically on a New York City subway car.

“Jordan Neely took his last breaths on the dirty floor of an uptown F train,” Yoran told a rapt jury.

Neely entered a moderately crowded subway car at the Second Avenue stop and began making threats about hurting people, scaring many of the passengers, Yoran said.

She pointed at Penny as she told the jury, “This man, took it upon himself to take down Jordan Neely. To neutralize him.”

Thirty seconds later, the train arrived at the next station and all the passengers left the train car, except two men who were helping Penny restrain Neely. The prosecutor said Penny hung onto Neely for 51 seconds after Neely’s body went limp.

“By doing so, he pushed Mr. Neely to the point of no return,” Yoran said. “He left Mr. Neely lying on the floor unconscious and didn’t look back.”

Penny has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in Neely’s death. His attorneys have said Neely was “insanely threatening,” but Yoran said Penny’s actions were unnecessarily reckless because he continued the chokehold for 5 minutes and 53 seconds after the subway car was empty of passengers. “A grasp that never changed,” Yoran called it.

“The defendant did not intend to kill him. His initial intent was even laudable,” Yoran said. “But under the law, deadly physical force such as a chokehold is permitted only when it is absolutely necessary and for only as long as is absolutely necessary. And here, the defendant went way too far.”

The prosecutor told jurors they would see video of the chokehold.

“You will see Mr. Neely’s life being sucked out before your very eyes,” Yoran said, appearing to upset one of the jurors who grimaced and briefly shut his eyes.

She also said jurors would see body camera video of Penny’s initial encounter with police, four and a half minutes after letting go of Neely.

When the officer asked Penny what happened, the prosecutor said Penny replied that Neely had been threatening. “Then he said, ‘I just put him out,'” Yoran told the jury.

The defense is set to give its opening statement on Friday following a break.

Protest audible from courtroom

The sounds of a sidewalk protest over the death of Neely were audible in the 13th-floor courtroom ahead of opening statements. Protesters were heard calling Penny a “subway strangler.”

Judge Max Wiley said he would instruct jurors to ignore “noise outside the courthouse.”

Penny, in a slate blue suit, strode confidently into the courtroom and took his seat at the defense table ahead of opening statements.

The jury of seven women and five men, four of whom are people of color, will be asked to do something prosecutors concede is difficult: convict someone of an unintentional crime.

To convict, prosecutors must prove Penny’s use of lethal force was unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for so long. Prosecutors do not have to prove Penny intended to kill Neely, which defense attorneys have said Neely did not intend to do.

Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.

The trial is expected to last between four and six weeks, according to Wiley.

The case has fueled political narratives about urban crime and captivated a city in which the subway is indispensable.

Differing accounts of the incident

While there is no doubt that Penny’s actions led to Neely’s death on May 1, 2023, witness accounts differ regarding the events that led up to Penny applying the fatal chokehold, according to various sources.

Many witnesses reported that Neely, 30, who was homeless at the time of his death and was known to perform as a Michael Jackson impersonator, had expressed that he was homeless, hungry and thirsty, according to prosecutors. Most of the witnesses also recounted that Neely indicated a willingness to go to jail or prison.

Some witnesses also reported that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.

Additionally, some witnesses told police that Neely was yelling and harassing passengers on the train. However, others have said that while Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, according to police sources who spoke with ABC News following the incident.

According to prosecution court filings, some passengers on the train that day said they didn’t feel threatened. One said they weren’t “really worried about what was going on,” while another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that.”

Other passengers, however, described being fearful, according to court filings. One said they “have encountered many things, but nothing that put fear into me like that,” while another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”

Neely had a documented history of mental health issues and arrests, including alleged instances of disorderly conduct, fare evasion and assault, according to police sources.

Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station, according to court records.

“Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing objecting to Penny’s dismissal request.

According to prosecutors, footage of the interaction, which began about two minutes after the incident started, captures Penny holding Neely in the chokehold for about four minutes and 57 seconds on a relatively empty train, with a couple of passengers nearby.

Prosecutors said that about three minutes and 10 seconds into the video, Neely ceases all purposeful movement.

“After that moment, Mr. Neely’s movements are best described as ‘twitching and the kind of agonal movement that you see around death,'” prosecutors said.

The case is expected to feature testimony of passengers who were aboard the subway at the time, as well as a roughly six-minute video of the chokehold.

Jury to hear eyewitness statements

Before opening statements on Friday, Wiley granted a defense request to allow some of the statements that eyewitnesses to the chokehold made to police that were captured on body-worn cameras.

One witness, a Ms. Rosario, was captured on body-worn camera 15 minutes after the incident aboard the F train.

“I can see most of that statement coming in as an excited utterance,” Wiley said.

The judge declined to allow a part of her statement in which an officer is heard asking whether she thought Neely was on drugs.

A Mr. Latimer is captured a minute later and Wiley said his statement is “well within the immediacy of the event” and could be admitted.

“This person displays emotion, excitement as he’s describing what happened. It’s narrative,” Wiley said.

Most of the passengers who were aboard the train and who witnessed the event are expected to testify at trial.

Jury will see evidence that Neely did not have a weapon

The judge also previously ruled that the jury will see evidence that shows Neely was unarmed.

Penny’s defense had sought to preclude evidence or testimony about the lack of a weapon recovered from a search of Neely’s body but in a written opinion issued Thursday, Wiley said such evidence and testimony is relevant to the case.

“The fact that Mr. Neely was unarmed provides additional relevant information to aid the jury, namely, it clarifies what could have been perceived by someone in the defendant’s position,” Wiley wrote. “The possibility that a person in the defendant’s situation could have been reasonable in mistakenly believing that Mr. Neely had been armed is appropriate for consideration by the jury and well within their capability.”

The defense worried that including evidence that Neely was unarmed could bolster sympathy for the victim but Wiley said it would help the jury decide whether Penny’s actions were justified.

Penny’s lawyers and Neely’s family speak ahead of the trial

Members of Neely’s family were seated with the spectators for opening statements Friday.

“I loved Jordan. And I want justice for Jordan Neely. I want it today. I want justice for everybody and I want justice for Jordan Neely,” his uncle, Christopher Neely, said before entering court.

Prosecutors in the Manhattan district attorney’s office are expected to concede that Neely may have seemed scary to some subway riders, but will argue Penny continued the chokehold well past the point where Neely stopped moving and posed any kind of threat.

Penny’s attorneys have said that they were “saddened at the loss of human life,” but that Penny saw “a genuine threat and took action to protect the lives of others,” arguing that Neely was “insanely threatening” to passengers aboard the subway train.

While Penny’s defense will argue that he had no intent to kill Neely, prosecutor Steinglass has noted that the second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally.

“We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict,” Penny’s lawyers, Steven Raiser and Thomas Kenniff, said earlier this year, after Penny’s request to dismiss the charge was denied.

“This case is simple. Someone got on a train and was screaming so someone else choked them to death,” Neely family attorney Donte Mills said in a past statement to ABC News. “Those two things do not and will never balance. There is no justification.”

“Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country,” Mills added.

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(WASHINGTON) — Federal and local law enforcement and officials in Washington, D.C., are ramping up preparations to ensure a safe and peaceful transfer of power on Jan. 6, 2025, and on Inauguration Day.

In September, the Department of Homeland Security designated Jan. 6 a National Special Security Event (NSSE) and approved D.C. Mayor Muriel Bowser’s request for additional federal resources.

The District is anticipating that there will be no declared winner on election night and, “We could enter a period where we have pervasive misinformation and disinformation about the outcome of the election,” D.C. Assistant City Administrator Chris Rodrigez warned on Tuesday.

“For a period, perhaps days or weeks, where the country, and in many respects the world, will be sitting and waiting for the declared winner,” he added.

Although there are no specific threats to the city, officials are planning ahead for any and all threats, including continued pervasive misinformation and disinformation about everything ranging from COVID to political polarization and violence. They noted that social media will be the “epicenter” of false information.

Preparation for Inauguration Day began in the aftermath of the deadly Jan. 6. insurrection. Five people died during or after the attack, including four protesters and one police officer. Approximately 140 police officers were injured during the attack, according to the Department of Justice.

Bowser told ABC News that one of the biggest lessons D.C. learned was to have “better coordination among the federal branches, and that is what the National Special Security Event status provides.”

D.C. Police Chief Pam Smith told reporters on Tuesday that close to 4,000 additional law enforcement officers will be deployed to D.C. between Jan. 6 and Inauguration Day.

In addition to law enforcement, the mayor is considering an advance request to the Department of Defense for National Guard support. Normally, a state’s governor would call out the Guard, but because D.C. is not a state, it must go through DOD. However, the Capitol Police can now call up the National Guard for support without needing the Capitol Police Board’s pre-approval.

“We have also implemented changes that will hopefully ensure that we will not need to call the National Guard unless it is a last-case scenario,” Capitol Police told ABC News.

Like D.C.’s Metropolitan Police Department, U.S. Capitol Police have focused on expansion in the four years since Jan. 6. Capitol Police told ABC News that it has strengthened partnerships and coordination with local and state officials.

Capitol Police had a wave of resignations and retirements after Jan. 6, but over the past four years has hired several hundred people and now has 2,100 officers on staff. The agency also added 140 civilians to serve in various roles such as intelligence specialists, operational planners, and emergency management specialists, as well as a new Rapid Response Team.

A source familiar with security planning told ABC News to expect a security footprint similar to that of the State of the Union or the recent NATO Summit in Washington in July.

However, officials are prepared for any and all threats, noting it is a “fluid, unpredictable security environment,” which includes extremist groups and the potential for civil unrest.

“If you see something, say something” noting that the pipe bombs found at the Republican National Committee and the Democratic National Committee headquarters were placed the night before the insurrection “most likely to distract law enforcement,” Rodrigez urged residents.

Bowser told the council to anticipate robust fencing around the Capitol from Jan. 6 until Jan. 21.

She also noted that if Vice President Kamala Harris wins the presidential election, the city’s challenges will differ from a win by former President Donald Trump.

The mayor said in the event of a Harris win, “The issue is probably a million people will be here who are celebrating and who are in good spirits, and that also presents its challenges to make sure everybody can do it safely.”

“I think that the United States Capitol Police are prepared to ensure a peaceful transfer of power at the Capitol, regardless of the victor,” she added, noting that her team has experience handling large-scale historic inaugurations, including former President Barack Obama’s election.

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