National

DOJ has faced uphill battle securing indictments against some administration opponents

Attorney General Pam Bondi testifies before the House Judiciary Committee, February 11, 2026 in Washington. (Win McNamee/Getty Images)

(WASHINGTON) — The Justice Department’s failure this week to convince a grand jury to hand up an indictment against six members of Congress is the latest stumbling block faced by prosecutors as they seek to rebuke the administration’s perceived political opponents.

The U.S. attorney’s office in Washington, D.C., was unable to secure an indictment against six congressmembers after President Donald Trump called for them to be arrested and tried for posting a video on social media telling military service members that they could refuse illegal orders, sources said Tuesday.

Following a classified briefing on the deadly strikes on alleged drug boats in Latin America, Sen. Mark Kelly, Sen. Elissa Slotkin, Rep. Maggie Goodlander, Rep. Jason Crow, Rep. Chrissy Houlahan, and Rep. Chris DeLuzio, all former members of the military and intelligence community, posted a video in November telling current members that — per the Uniform Code of Military Justice — they should refuse to carry out unlawful orders.

“Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL,” Trump posted to social media in response to the video on Nov. 20.

Prosecutors under U.S. Attorney Jeanine Pirro sought to convince a grand jury to indict the six lawmakers, but the panel did not comply.

It is exceedingly rare for a grand jury to not indict after prosecutors have made their presentation. In fiscal year 2016, the most recent year for which figures are available from the DOJ’s Bureau of Justice Statistics, the DOJ sought federal charges against 69,451 felony defendants — and in only six cases did a grand jury return a vote of no bill, indicating a refusal to indict. 

Yet the current Justice Department has faced this outcome several times in recent months while attempting to prosecute perceived foes of the president’s agenda.

“This is pretty rare for a prosecutor to want an indictment and not get one,” University of Illinois Professor Andrew Leipold, an expert on the federal judiciary system, told ABC News. “The most obvious answer is that the government is being aggressive in prosecuting federal crimes, and grand juries are simply not in agreement.”

Vice President JD Vance has said that any such actions are “driven by law and not by politics.”

After a federal judge in November dismissed the cases the Justice Department had brought against former FBI Director James Comey and New York Attorney General Letitia James, the DOJ again sought an indictment of the New York AG.

The move came after U.S. District Judge Cameron McGowan Currie ruled that that the appointment of Trump’s handpicked interim U.S. attorney, Lindsey Halligan, was unconstitutional and that Halligan acted in an “unlawful” and “ineffective” manner when she brought charges of making false statements against Comey and mortgage fraud charges against James.

Ten days after Judge Cameron’s ruling, a federal grand jury in Norfolk, Virginia, refused to indict James on the same charges when the Justice Department attempted to refile the case, according to sources.

A second grand jury in the Eastern District of Virginia’s Alexandria branch then rejected the charges when the DOJ attempted to file the case for a third time. 

“This unprecedented rejection makes even clearer that this case should never have seen the light of day,” James’ attorney, Abbe Lowell, said in a statement.

Last August, D.C. prosecutors failed to secure an indictment against a man accused of throwing a sandwich at a Customs and Border Protection agent after video of the confrontation went viral and provoked an all-out public relations blitz from the White House and Justice Department touting his arrest and the federal assault charge against him.

Sean Charles Dunn was arrested on charges of allegedly throwing a Subway sandwich at a CBP agent who was patrolling with Metro Transit Police in northwest Washington on the night of Aug. 9, amid the Trump administration’s deployment of National Guard troops in the capital.

“You f—— fascists! Why are you here? I don’t want you in my city!” Dunn is alleged to have shouted at the CBP officer before allegedly throwing the sandwich, which struck the officer in the chest. 

Prosecutors similarly failed to convince a federal grand jury in D.C. to indict a woman who was accused by the government of assaulting an FBI agent during an inmate swap with U.S. Immigration and Customs Enforcement.

The U.S. attorney’s office was unable to secure an indictment against Sidney Reid despite making three separate attempts, according to court records.

ABC News’ Alexander Mallin and Katherine Faulders contributed to this report.

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National

2 dead, 1 wounded in shooting on campus of South Carolina State University

Crime scene tape (mbbirdy/Getty Images)

(ORANGEBURG, S.C.) — Two people were killed and one person was wounded after a shooting Thursday night on the campus of South Carolina State University, the school said.

The shooting, which was reported in an apartment at the Hugine Suites student residential complex on the Orangeburg campus, prompted a campus lockdown that remained in place hours after the shooting, according to a news release from the university.

Officials have not released any details about a suspect.

The South Carolina Law Enforcement Division (SLED) is investigating the shooting, the university said.

The university said school officials have not confirmed the victims’ identities or the condition of the wounded person.

Classes are canceled Friday, the university said.

Two shootings on the campus in October, including one at the same student housing complex, left one person dead and another wounded.

The university has a student population of about 2,800 students.

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Sports

Scoreboard roundup — 2/12/26

(NEW YORK) — Here are the scores from Thursday’s sports events:

NATIONAL BASKETBALL ASSOCIATION
Bucks 110, Thunder 93
Trail Blazers 135, Jazz 119
Mavericks 104, Lakers 124

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Entertainment

In brief: Taylor Tomlinson’s new comedy special ‘Prodigal Daughter’ gets trailer and more

Prime Video is betting on Off Campus. The upcoming romance series has been renewed for season 2 ahead of its season 1 premiere. The first season of the new series will debut in May. Off Campus is based on the bestselling book series from Elle Kennedy, and focuses on a college romance between a songwriter and an all-star hockey athlete …

Ed Helms and Nat Wolff are joining the cast of She Gets It From Me. Deadline reports that the actors are joining Rachel Zegler and Marisa Tomei in the upcoming film. The movie follows a young woman who refuses to get married before she meets her birth mother …

The official trailer for Taylor Tomlinson’s upcoming comedy special Prodigal Daughter has arrived. Netflix released the trailer for Tomlinson’s fourth comedy special, which arrives to the platform on Feb. 24. She returns to her roots in this special by deconstructing her faith, processing her religious trauma and confronting her fear of death …

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Entertainment

Chris Hemsworth says he and Mark Ruffalo brought ‘Thor and Hulk energy’ to ‘Crime 101’

Mark Ruffalo as Lou and Chris Hemsworth as Davis in ‘Crime 101.’ (Dean Rogers)

Chris Hemsworth plays a game of cat and mouse with Mark Ruffalo in Crime 101.

The Bart Layton-directed film, which premieres exclusively in theaters globally on Friday, follows a jewel thief (Hemsworth) whose heists along the 101 freeway in Southern California capture the attention of a relentless detective (Ruffalo).

The actors have lost count of the number of times they’ve worked together, Hemsworth told ABC Audio, as both are OG members of The Avengers in the Marvel Cinematic Universe. But this film was completely different than any of their other acting collaborations, Hemsworth said.

“It’s super refreshing. We’ve talked about doing other stuff together for a long time. And I sent him the script, and he immediately flipped for it and said, ‘This is brilliant,'” Hemsworth said. “And off we went.”

While the tone of Crime 101 is much different than that of an MCU joint, Hemsworth says their iconic superhero personas weren’t far away from this film’s set.

“We brought some of our Thor and Hulk energy initially of just the excitement,” Hemsworth said. “And then Bart [Layton] was like, ‘Whoa, different energy, different film.'”

Hemsworth said striking a different tone with Ruffalo this time around was wonderful, but it was also intimidating.

“It was quite lovely to step into completely different shoes, but quite uncomfortable, too, because it’s like acting in front of a family member, you know?” Hemsworth said. “They know your tricks, and now you’re doing something very different. And so it was quite unsettling, but as it should have been for the characters, too.”

The Thor actor said he and Ruffalo “just had a fantastic time” making this film together.

“He’s one of my favorite people,” Hemsworth said.

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Entertainment

Ryan Gosling set to host ‘Saturday Night Live’ in March

Ryan Gosling speaks on stage during CinemaCon 2025 on April 2, 2025, in Las Vegas, Nevada. (Jerod Harris/Getty Images for CinemaCon)

Ryan Gosling is set to host Saturday Night Live for the fourth time.

NBC has announced that Gosling will return to Studio 8H to host the March 7 episode of the show. The Oscar nominee is promoting his upcoming film, Project Hail Mary, which he produced and stars in. He will be joined by Gorillaz, who will serve as the show’s musical guest for the first time. The Grammy-winning band’s new album, The Mountain, is set to release on Feb. 27.

Also scheduled to host SNL is Connor Storrie, one of the breakout stars from the hit series Heated Rivalry. NBC initially made the announcement of Storrie’s hosting gig during the Jan. 31 episode, which was hosted by Alexander Skarsgård. Mumford & Sons will serve as the musical guest on the episode, marking their fourth appearance performing on the show. They’re promoting their new album, Prizefighter, which releases on Feb. 20.

Another episode of SNL is scheduled to air on March 14, although a host and musical guest have yet to be announced.

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Entertainment

‘Baby Reindeer’ star Jessica Gunning to play Mama Cass Elliot in upcoming biopic

Jessica Gunning at 2025 BAFTA Television Awards Hall on May 11, 2025, in London, England. (Lia Toby/Getty Images)| Photo of Mama Cass. (Michael Ochs Archives/Getty Images)

Emmy Award-winning Baby Reindeer star Jessica Gunning has been cast to play The Mamas & The Papas singer Cass Elliot in the upcoming movie My Mama Cass.

The biopic will be based on the bestselling memoir My Mama, Cass, written by Elliot’s daughter, Owen Elliot-Kugell, with the book being adapted by novelist and screenwriter Emma Forrest.

A press release notes that the film is “not a traditional Mamas & the Papas biopic,” rather a “definitive Cass Elliot film, centered on her life, legacy, and the mother-daughter bond that shaped them both.”

In addition to focusing on Elliot’s life and career, the film will highlight Owen’s journey to uncover the truth about her mother’s death at age 32 in order to put to rest the urban legend that she died choking on a ham sandwich. Cass died of heart failure in 1974 when Owen was 7.

The film is currently in production.

As a member of The Mamas & The Papas, Cass scored six top-10 hits, including “Monday Monday,” “California Dreamin'” and “Dedicated to the One I Love.” The group sold over 40 million records and was inducted into the Rock & Roll Hall of Fame in 1998.

Cass went on to a solo career, scoring hits like “Make Your Own Kind of Music” and “Dream a Little Dream of Me.”

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Politics

Mamdani top of mind as New York governor’s race ramps up

New York City Mayor Zohran Mamdani is joined by New York Governor Kathy Hochul at an event in Brooklyn to support more housing construction in New York City on February 10, 2026 in New York City. (Spencer Platt/Getty Images)

(GARDEN CITY, N.Y.) — Just over three months after he won New York City’s mayoral election, Zohran Mamdani is already at the center of another election — even though he’s not on the ballot.

With the New York governor’s race on the horizon, some voters and Republican officials who attended New York State’s Republican convention on Long Island on Monday mentioned Mamdani’s name immediately as they spoke about Gov. Kathy Hochul.

“Kathy Hochul is scrounging for votes and she latched onto Mamdani,” convention attendee Phil Orenstein, from Queens Village, told ABC News. “She endorsed him. He endorsed her in the governor’s race and you can see where that’s going. It’s going so far off the cliff.”

The most prominent Republican New York native, President Donald Trump, criticized Mamdani heavily prior to last November’s election.

Yet after the democratic socialist and former state assemblyman defeated former New York Gov. Andrew Cuomo and Republican Curtis Sliwa in November, Trump appeared to change his perspective on Mamdani.

When Mamdani visited the White House after his victory, President Donald Trump congratulated the then-mayor-elect and said that he thought Mamdani “could do some things that are going to be really great.”

Trump’s praise of Mamdani has raised questions over how Republicans seeking to defeat Hochul this November will incorporate the new mayor into their messaging.

Nassau County Executive Bruce Blakeman, who became the likely Republican gubernatorial nominee after Rep. Elise Stefanik dropped out of the race in December, did not mention Mamdani by name in his opening remarks at the Republican convention in suburban Garden City on Monday.

However, Blakeman’s campaign previously issued a statement criticizing the “Hochul-Mamdani agenda” and posted on social media shortly before the convention began that “Zohran Mamdani and Kathy Hochul are pushing New York in the wrong direction.”

Hochul, who had been facing a primary challenge from Lieutenant Gov. Antonio Delgado until Delgado suspended his campaign on Tuesday, touted Mamdani’s endorsement last week.

“Mayor Mamdani understands that we need to build a New York that everyone can afford — I’m grateful for his partnership in finally bringing universal child care to New York, and I know that he’ll stand strong alongside me as we fight against Donald Trump’s attacks on this state,” the governor said in a statement.

Mamdani’s proposals have ranged from free fares on the country’s largest bus system to free child care for 2-year-olds in the city.

“His policies are completely backwards and we are not a socialist country. We are not a socialist state,” Broome County Republican Committee Chair Benji Federman told ABC News at the convention on Monday. “The vast majority of voters disagree with the policies that he has put forward across New York.”

Just under 45% of New York State’s population lives in New York City.

“You have so many people who are in the Senate and the Assembly from New York City [that] if something happens locally down here, they’re going to try to bring it statewide,” Mike Sigler, an upstate Republican county legislator who lives outside Ithaca, told ABC News.

Mamdani and Hochul have each expressed disagreements with each other on a number of issues, particularly regarding taxes.

“Those of us entrusted with the sacred oath of service must heed that call and work together to honor it. That requires not the absence of disagreement but the presence of trust,” Mamdani wrote in his endorsement of Hochul that was published by The Nation. “We must be able to disagree honestly while still delivering for the people we serve.”

On Tuesday, New York leaders gathered for a press conference in the city about housing and infrastructure. Hochul and Mamdani were standing side by side at the podium.

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Politics

‘Trust has been lost:’ ICE, CBP officials questioned on enforcement tactics during Senate oversight hearing

Director of US Citizenship and Immigration Services, Joseph Edlow, US Customs and Border Protection, Commissioner Rodney Scott, and Acting Director of US Immigration and Customs Enforcement, Todd Lyons testify before a Senate Homeland Security and Governmental Affairs Committee hearing, February 12, 2026 in Washington. (Chip Somodevilla/Getty Images)

(WASHINGTON) — Sen. Rand Paul had strong words on Thursday for the heads of the federal agencies spearheading the Trump administration’s immigration enforcement in Minneapolis and across the U.S.

Immigration and Customs Enforcement acting director Todd Lyons, Customs and Border Protection commissioner Rodney Scott, and Citizenship and Immigration Services director Joseph Edlow were testifying in front of the Senate Homeland Security Committee.

“Witness the thousands of people in the streets in Minneapolis and in Minnesota, and the millions of viewers who witnessed the recent deaths,” Paul, the committee’s chairman, said. “It’s clearly evident that the public trust has been lost. To restore trust in ICE and Border Patrol, they must admit their mistakes, be honest and forthright with their rules of engagement, and pledge to reform. I hope the leadership of ICE and Border Patrol here today will participate in a meaningful way.”

Paul and ranking member Sen. Gary Peters went frame by frame on videos of the shooting of Alex Pretti, the 37-year-old Minneapolis nurse killed in an encounter with federal agents last month. Federal officials initially said that Pretti “approached U.S. Border Patrol officers with a 9mm semi-automatic handgun” and “attacked” officers carrying out immigration duties.

State and local officials said Pretti was lawfully carrying a gun, with a concealed carry permit, and video reviewed and verified by ABC News does not appear to show that Pretti drew his gun on the agents and instead was holding up a cell phone, not a gun, to record agents during the incident.

Another Minneapolis resident – Renee Good — was also shot and killed by federal agents in early January. Federal officials say that the agents acted in self defense after Good allegedly tried to ram them with her car, which local city officials and her family have disputed.

Paul said that it isn’t so much about the specifics of the investigation, but rather the training that CBP and ICE agents receive.

“No one in America believes shoving that woman’s head and face in the snow was de-escalation,” Paul said of video showing agents scuffling with Pretti and a woman moments before the shooting. “But your officer, you need to know they…had a verbal encounter with them. She did not place her hands on the officers. She wasn’t trying to get their weapon. It’s not great. I mean … I don’t like to see these encounters either, but is it appropriate for the officers to respond to a verbal, barrage of words or whatever? Is it proper, to physically throw a woman down or throw anyone down if the only action is verbal?”

Both Scott and Lyons agreed that it wasn’t de-escalation if the only action against the agents had been verbal.

“I understand you not wanting to make conclusions yet, but nobody believes you’re gonna because you made conclusions immediately,” Paul told the law enforcement leaders. “Not you. But people within the government made conclusions immediately that [Pretti] was a terrorist and an assassin … people aren’t believing there’s going to be an honest investigation.”

In the hours after the shooting, Homeland Security Secretary Kristi Noem said Pretti committed an “act of domestic terrorism” and White House Deputy Chief of Staff Stephen Miller called him a “would-be assassin” and a “terrorist.”

Paul added at the hearing, “I think it’s terrible police work, but there has to ultimately be repercussions.”

Scott said that he would not jump to conclusions and asked the nation to do the same. He said he was committed to releasing the officers’ body-worn-cameras once the investigation is complete.

“There’s body-cam video, that’s all being looked at,” Scott said. “And until all that evidence is evaluated, I can’t jump to a conclusion on either direction. I would ask America to do the same thing, but I am committed to transparency, to making sure all the information we have is made public when it’s appropriate.”

Paul said that he saw “nothing, not even a hint of something that was aggressive on [Pretti’s] part.”

“I don’t think this should take months and months and years and years. There needs to be a conclusion,” Paul said. “We need to have answers here and there needs to be an announcement. These are the new policies. This is how we’re going to interact with the public, because the public needs to know to, you know, if I go to a protest and I shout something at people, could I be killed?”

Scott also did not say whether the gun was accidentally discharged by officers in the Pretti case, citing an ongoing investigation.

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Politics

Judge says Pentagon ‘trampled on’ Sen. Kelly’s First Amendment rights

U.S. Sen. Mark Kelly speaks on the failed grand jury indictment against him during a news conference at the U.S. Capitol on February 11, 2026 in Washington, DC. (Heather Diehl/Getty Images)

(WASHINGTON) — In a biting opinion that chastised Defense Secretary Pete Hegseth, a Republican-appointed judge on Thursday blocked the Defense Department from trying to punish Sen. Mark Kelly over a video he and other Democrats made urging service members not to follow illegal orders, accusing Hegseth of “trampling” on the Arizona senator’s First Amendment rights and suggesting Hegseth should be more “grateful” for the wisdom of retired service members.

“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Washington D.C. District Court Judge Richard J. Leon wrote in his opinion.

Leon sharply questioned Trump administration lawyers on whether there was legal precedent for the Defense Department’s attempt to demote and reduce retirement benefits for Kelly, who has been sharply critical of the White House.

“Rather than trying to shrink the First Amendment liberties of retired servicemembers, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired servicemembers have brought to public discussions and debate on military matters in our Nation over the past 250 years,” Leon wrote. “If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights! Hopefully this injunction will in some small way help bring about a course correction in the Defense Department’s approach to these issues.”

The Justice Department could appeal the decision, although it’s not clear if it would. The Pentagon and Hegseth on Thursday did not immediately respond to requests for comment.

The case has drawn considerable attention as a major test of the First Amendment rights of military veterans and the government’s separation of powers. Kelly was suing the Pentagon for threatening to demote him in rank and reduce his military retirement benefits because of a video he made with other Democrats that urged troops not to comply with illegal orders, which they did not specify.

Hegseth accused Kelly of violating a federal law that prohibits undermining good order and discipline within the military and accused him of hiding behind his position as a U.S. senator to do so.

In a video posted online to social media on Thursday, Kelly said he is grateful for the judge’s opinion.

“I appreciate the judge’s careful consideration of this case and the clarity of his ruling, but I also know that this might not be over yet, because this president and this administration do not know how to admit when they’re wrong,” he said.

This is a developing story. Please check back for updates.

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