National

Immunity does not shield Trump from $83M defamation judgment, Carroll’s attorney argues

Al Drago/Bloomberg via Getty Images

(NEW YORK) — Presidential immunity does not protect Donald Trump from having to pay tens of millions of dollars in damages after being held liable for defaming magazine columnist E. Jean Carroll, a lawyer for Carroll told a federal appeals court in a filing Monday.

After being awarded an $83.3 million defamation judgment from a jury last year, Carroll on Monday urged the U.S. Court of Appeals for the Second Circuit to uphold the judgment against Trump, after Trump asked the court to toss out the verdict because he had immunity as president.

“Dissatisfied with the outcome of the judicial process, Trump now asks this Court to set aside that jury verdict on the theory that he was actually immune from judicial review all along,” Carroll’s attorney Roberta Kaplan wrote in the filing.

In 2023, a jury held Trump liable for sexually abusing Carroll in a dressing room of a Manhattan department store in the 1990s, awarding Carroll $5 million in damages. A year later, a different jury in a separate trial ordered Trump to pay Carroll $83 million in damages for defaming her in a 2022 social media post in which he called her allegations “a Hoax and a lie” and said “This woman is not my type!”

A federal appeals court upheld the $5 million judgment in December, and Trump’s appeal of the $83 million judgement is ongoing.

In September, Trump attorney D. John Sauer — who Trump nominated in November to serve as the new solicitor general — told a federal appeals court that the $83 million judgment should be thrown out based on a flawed jury instruction, a series of “highly prejudicial errors” during the trial, and because presidential immunity protects Trump from liability for public statements made as president.

“Presidential immunity forecloses any liability here and requires the complete dismissal of all claims,” Sauer wrote.

In her reply brief filed Monday, Kaplan pushed back against Trump’s assertion of immunity, arguing that statements Trump made about Carroll as president would clearly fall outside of his official responsibilities.

“If there were ever a case where immunity does not shield a President’s speech, this one is it,” Kaplan wrote. “Donald Trump was not speaking here about a governmental policy or a function of his responsibilities as President. He was defaming Carroll because of her revelation that many years before he assumed office, he sexually assaulted her.”

Carroll’s attorney argued that the $83 million judgement was justified to deter Trump from further defamatory statements, a risk that Kaplan said the jury saw firsthand. Trump attended most days of the 2024 trial, criticizing Carroll as a liar from his seat in the courtroom and sparring with the judge who oversaw the case.

“Throughout the trial, the jury had a front-row seat to Trump’s relentless campaign of malice, including his repeated defamation of Carroll at press conferences he held and in statements he posted on social media while the trial was ongoing,” Kaplan wrote.

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National

Subway shove survivor recounts near-death experience

Subway survivor Joseph Lynskey speaks with ABC News. ABC News

(NEW YORK) — A man who was pushed onto New York City subway tracks in the path of an oncoming train is recounting the harrowing, near-death experience that left him with a fractured skull, four broken ribs and a ruptured spleen.

“I just thought, ‘I’ve been pushed and I’m going to die,'” Joe Lynskey, 45, told ABC News’ “Good Morning America” in a broadcast exclusive interview.

Lynskey had just finished a New Year’s Eve brunch with his friends when a stranger pushed him onto the tracks at the 18th Street station in Manhattan’s Chelsea neighborhood.

“It happened in a flash,” he said.

“The next thing I knew, I was flying through the air, and I saw the two lights of the train in my face and I could make out the shape of the conductor,” Lynskey said. “And then I crashed into the tracks and I smacked my head open on the ground.”

Lynskey survived the initial push, but he knew he was still in life-threatening danger due to the subway system’s electrified rail, known as the third rail.

“If you touch it at all, you will die immediately,” he said. “You cannot move. Don’t kick your feet, don’t struggle.”

Lynskey said he started screaming for help, and about 90 seconds in a woman responded to him and tried to keep him calm.

After about four minutes, Lynskey said he heard the sirens from rescuers rushing to the scene.

“They dragged me a few feet to the opening between the two subway cars and they told me to raise my hands above my head,” he said. “Two firefighters on the platform pulled me up onto the platform — and I heard my ribs crack. It was unbelievably painful.”

Lynskey spent seven days in the hospital, including five days in intensive care, as he recovered from his fractured skull, broken ribs and ruptured spleen.

The 23-year-old suspected of pushing Lynskey, Kamel Hawkins, fled the scene and was apprehended later that day. He was indicted on charges including attempted murder and has pleaded not guilty.

Asked what he would say to Hawkins, Lynskey replied, “I’m choosing not to focus on the anger or resentment or negativity.”

“I’m focusing on healing, recovering, getting myself back to my life,” he said.

Lynskey said that his experience is “a powerful reminder that this can all be taken away from you at any moment, and you have to keep going. Life is too short.”

Hawkins is next due in court on April 16.

Manhattan District Attorney Alvin Bragg called the attack “a brutal and unprovoked act of violence.”

“Every day, we will continue working closely with our law enforcement partners to hold accountable those who threaten the safety of New Yorkers utilizing our transit system,” Bragg said in a statement.

The New York Police Department and New York Gov. Kathy Hochul announced this month that they’re deploying more officers to patrol the subways.

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National

Hawaii’s Kilauea volcano, one of the world’s most active, erupts for 7th time

Andrew Richard Hara/Getty Images

(KILAUEA, HI) — One of the world’s most active volcanoes, located in Kilauea, Hawaii, erupted for the seventh time since December, according to the U.S. Geological Survey.

At approximately 1:30 p.m. local time Monday, the volcano released a “small, sporadic splatter foundation,” which then continued to increase in intensity until 6:41 p.m., when the eruptions began.

“Episode 7 of the ongoing Halema’uma’u eruption began at 6:42 p.m. HST on Jan. 27 and is currently feeding a small flow onto the crater floor,” USGS said in an advisory statement posted Monday evening. “Lava fountains are 100-120 ft high and eruption is likely to last 10-20 hours.”

The lava flow has covered 15-20% of the volcano’s crater floor, with additional lava flow emerging from the south side of the cone appearing at 7:35 p.m. local time.

“HVO (Hawaii Volcano Observatory) continues to closely monitor Kilauea and will issue an eruption update tomorrow morning unless there are significant changes before then,” USGS said.

USGS said that the eruption is contained within the closed area of the Hawaii Volcanoes National Park, but warned about the risk of volcanic gas creating a haze of “vog” — volcanic smog — entering the atmosphere.

“Water vapor, carbon dioxide and sulfur dioxide are the primary hazard of concern, as this hazard can have far-reaching effects downwind,” USGS said in a statement.

The Hawaii Volcanoes National Park Service encouraged people to stay away from the volcano’s enclosed area, since “high levels of volcanic gas and strands of volcanic glass are among the hazards.”

The eruption is under an orange warning, meaning the volcano is either currently erupting without any volcanic ash emissions, or it is “exhibiting heightened or escalating unrest with increased potential of eruption, timeframe uncertain,” according to the USGS website.

The USGS has provided a live stream for viewers to monitor activity. This intermittent series of eruptions began on Dec. 23, 2024, said the agency.

There are about 170 potentially active volcanoes, including Kilauea, in the United States, according to the USGS.

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National

Google Maps to rename Gulf of Mexico, Denali for US users

Mateusz Slodkowski/SOPA Images/LightRocket via Getty Images

(NEW YORK) — Google announced Tuesday that it plans to update the names of two major geographical landmarks in accordance with an executive order from President Donald Trump.

The tech giant said in an X post it plans to update the name of Alaska’s Denali mountain to Mt. McKinley and the Gulf of Mexico to the Gulf of America.

“We have a longstanding practice of applying name changes when they have been updated in official government sources,” Google said in the X post.

Google said in the thread of posts that it uses the U.S. Geological Survey’s Geographic Names Information System (GNIS) database to determine the names.

“Also longstanding practice: When official names vary between countries, Maps users see their official local name. Everyone in the rest of the world sees both names. That applies here too,” Google added in another post.

This comes after Trump signed an executive order on Inauguration Day that ordered the name Mt. McKinley be reinstated and the Gulf of Mexico be renamed.

“A short time from now, we are going to be changing the name of the Gulf of Mexico to the Gulf of America, and we will restore the name of a great president, William McKinley, to Mount McKinley, where it should be and where it belongs. President McKinley made our country very rich through tariffs and through talent,” Trump said during his inaugural address.

The move was met with some resistance, even from Trump’s own party. In an X post on Jan. 20, Alaska Sen. Lisa Murkowski said that she “strongly” disagreed with Trump’s decision.

“Our nation’s tallest mountain, which has been called Denali for thousands of years, must continue to be known by the rightful name bestowed by Alaska’s Koyukon Athabascans, who have stewarded the land since time immemorial,” Murkowski said.
 

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National

Person claiming to have Molotov cocktail, knife stopped outside Capitol

Washington D.C. police search a car outside the Smithsonian Arts and Industries Building, Jan. 27, 2025. (Briana Stewart/ABC News)

(WASHINGTON) — A person claiming to have a Molotov cocktail and a knife was stopped on the East Plaza outside the U.S. Capitol on Monday, according to Capitol Police.

The individual is in custody for unlawful activities, police said.

About a dozen Capitol Police vehicles, including armored vehicles, swarmed the scene. Officers from the Capitol Police and bomb squad are also outside the nearby Smithsonian Arts + Industries Building.

This incident comes one week after a security breach at the Capitol. Last week, a Massachusetts man was found to be carrying a gun after attending a tour of the Capitol as he left the nearby Library of Congress, according to police.

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

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National

South under severe weather and flash flood threat, Northeast expecting snow

Joed Viera via Getty Images

(NEW YORK) — A storm system that brought rain and snow to Southern California will move into Texas and the South by Wednesday, bringing flash flood and severe weather threat.

The storm’s highest rain total was in Santa Barbara County, which saw 2.23 inches. Los Angeles County saw 1.62 inches and Santa Monica had 1.38 inches. Totals were less than an inch at Los Angeles International Airport and in Downtown Los Angeles.

Western storm will reemerge in southern Plains states by late afternoon on Wednesday, into the overnight hours with severe weather possible for central and northern Texas, including Dallas.

In addition, this storm system will bring very heavy rain and flash flood threat from Texas to western Kentucky, including Dallas, Texas; Little Rock, Arkansas; Memphis, Tennessee, and Paducah, Kentucky.

Locally some areas could see more than 4 inches of rain, this will lead to flash flooding on Thursday.

Snow squalls in the Northeast and Midwest

Several quick moving storm systems combined with the lake effect, will bring strong winds and snow to parts of the Great Lakes and Northeast today into Thursday.

Early on Tuesday, a snow squall warning was issued for Syracuse, New York, where visibility was dropping close to zero in spots.

At least five states this morning are under snow and wind alerts from the Midwest to the Northeast.

The heaviest snow and strongest winds will be from northern Michigan to western Pennsylvania and New York and into northern New England, where locally a foot of snow is forecast with wind gusts near 60 mph.

Whiteout conditions are possible in some of these heavier snow bands.

Further south and east, for the I-95 corridor, a dusting to 1 inch of snow is possible from Hudson Valley in New York to Connecticut and Massachusetts. Boston and Hartford could see the snow.

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National

Florida educators, students speak out against curriculum changes

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(TALLAHASSEE, FL) — Educators, students and advocates across the Florida higher education system spoke out Monday against the recent removal by the state of hundreds of general education courses that touch on race, gender, and sexual orientation, calling the restrictions “censorship” during a webinar hosted by the United Faculty of Florida union.

“I chose to pursue a career in education to engage students in critical thinking, adaptability and global competence — skills that are essential to success and societal contribution,” said Jeniah Jones, a Florida State College at Jacksonville professor. “Restrictions on diversity, equity and inclusion in the curriculum … undermine this mission by narrowing students’ understanding of the world and their role in it.”

Educators also argue that limiting general education options may also make it harder for students to fulfill their general education requirements.

A slate of directives and policy changes from Florida Gov. Ron DeSantis and the State University System of Florida’s Board of Governors in recent years has changed the landscape around what colleges and universities can say about race, politics, gender and sexual orientation.

DeSantis signed SB 266 in 2023, which prohibits universities from expending state or federal funds to promote, support, or maintain any programs or campus activities that relate to diversity, equity and inclusion.

DeSantis touted the legislation at the time, saying in a statement: “Florida has ranked No. 1 in higher education for seven years in a row, and by signing this legislation we are ensuring that Florida’s institutions encourage diversity of thought, civil discourse and the pursuit of truth for generations to come.”

SB 266 amended a state statute requiring universities to go through an intensified review process to ensure that their general education course offerings are in compliance with the restrictions.

Schools are unable to offer classes that include “identity politics” or that are “based on theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political and economic inequities,” according to the Florida statute.

At Florida State University, at least 432 courses from the college’s general education curriculum were removed in part because of the rules, according to meeting minutes from the Board of Trustees.

ABC affiliate First Coast News reported in November 2024 that University of North Florida removed 67 courses from the university’s list of general education options.

FSU told ABC News that the courses would be offered as electives instead of being able to fulfill general education requirements. UNF told First Coast News the same, that the courses will still be offered and available as electives.

The state university system’s Board of Governors also later restricted state funding toward diversity, equity and inclusion initiatives, including “political or social activism.”

Florida Commissioner of Education Manny Diaz, Jr. had applauded the move: “Higher education must return to its essential foundations of academic integrity and the pursuit of knowledge instead of being corrupted by destructive ideologies.”

Marsilla Gray, a University of South Florida Ph.D. student and graduate assistant, said that professors are losing the freedom to discuss “not only the latest research in a deep and unbiased manner, but also the ability to connect how these findings relate to our society as a whole” based on these changes.

“It directly impacts student preparedness for both young scientists who want to go on to careers as researchers, physicians and educators, but also for non-STEM majors, for whom their few natural science Gen-Eds may be their only exposure to critically evaluating scientific statements and tying that to what they learn in their social science and humanities courses,” she said on the Monday call.

Robert Cassanello, a University of Central Florida history professor, said the restrictions are reminiscent of past pressures from political groups — including religious prohibitions on teachings of evolution or anthropology as well as Cold War-era prohibitions on the discussion of communism or socialism.

“When the legislature has tried to interfere with curriculum, it never produced good outcomes,” said Cassanello, in the press call.

Leah Sauceda, a Florida State University student, said a general education requirement on Latin American history led her to seek a history degree as well as an international affairs major.

“My classes helped me realize the study of history isn’t about the past, as contradictory as that sounds, but rather it is a tool to understand how the past is inextricably linked to the present and all possible futures,” she said on the Monday call. “History helps us understand the world and our place in it. It is heartbreaking to think that the same transformative opportunity I had can be taken away from future students because the Board of Governors would rather us ignore history than learn from it.”

The calls against DEI removals in higher education come as President Donald Trump implements anti-DEI restrictions on a federal level via several executive orders.

The Board of Governors declined ABC News’ request for comment.

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National

3 dead, 2 police officers injured in grocery store shooting in Indiana

Karl Merton Ferron/Baltimore Sun Staff

(ELKHART, IN) — Two people were shot and killed inside a grocery store in Indiana on Monday, officials told ABC News.

The incident took place at about 5:30 p.m. at Martin’s Super Market in Elkhart, Indiana, according to the Elkhart Police Department.

“Upon arrival, officers and first responders were directed to two shooting victims inside the store,” according to a statement issued late Monday by the EPD. “Both of these individuals were pronounced deceased at the scene.”

Police then engaged the shooting suspect outside the store, authorities said. An exchange of gunfire ensued, and the suspect was killed.

Two officers were shot and are in stable condition, the EPD confirmed. Both officers were brought to the local hospital, where one was discharged shortly after and the other remained in stable condition as of Monday night.

Elkhart Police Chief Dan Milanese issued a statement saying, “In this horrific situation, words cannot express the pain felt in our community when a tragic incident like this happens. This pain is especially felt by the victim’s families, the responding officers, the families of the wounded officers, and all the witnesses to this tragic incident.”

Thanking law enforcement partners, he added, “I ask for the community to continue to keep all those effected by this horrific event in your thoughts and prayers.”

“As details emerge about the shooting in Elkhart, we are in communication with state and local law enforcement,” said Indiana Governor Mike Braun in a post on X.

“Maureen and I are praying for the victims and their families,” he added.

The local homicide unit has taken over and started its investigation, according to a statement provided just before midnight on Monday.

“The Elkhart County Homicide Unit was activated, per protocol, and is handling the investigation,” the statement said. “There is believed to be no further danger to the public.”

It also said that the names of the victims, suspect, and involved officers were being withheld, pending family notifications.

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

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National

Selena Gomez breaks down in tears over Trump deportations: ‘My people are getting attacked’

Amy Sussman/Getty Images

(NEW YORK) — In a now-deleted video posted to Instagram, Selena Gomez appeared in tears over the deportation of Mexican people as President Donald Trump’s mass deportation operation takes effect.

“I just wanted to say that I’m so sorry. All my people are getting attacked, the children,” Gomez said between sobs in her initial post. “I don’t understand. I’m so sorry. I wish I could do something but I can’t. I don’t know what to do.”

The video was accompanied with the text, “I’m sorry,” followed by an emoji of a Mexican flag.

The singer closed with an emotional promise that she would “try everything” to help.

Screenshots have also circulated of a subsequent Instagram story that has since been deleted, in which Gomez wrote, “Apparently it’s not ok to show empathy for people” and indicated receiving backlash for her emotional video.

Sam Parker, a 2018 Republican Senate candidate from Utah, reacted to Gomez’s video with an X post that read, “Deport Selena Gomez,” which is now pinned to his profile.

In response, Gomez turned back to Instagram stories and wrote, “Oh Mr. Parker, Mr. Parker. Thanks for the laugh and the threat.”

ABC News has reached out to Sam Parker for comment.

Born in Texas, Gomez is of Mexican descent and has proudly spoken out about her heritage. In 2021 following the release of her debut Spanish EP, Revelación, she starred in a short film as part of the Artist Spotlight Stories in which she detailed her Mexican identity and family history.

“I wanted to share my story because I’m very proud of who I am,” she said in the video. “As a Mexican woman, I’ve learned so much and continue to learn so much.”

Gomez also recently starred in “Emilia Perez,” a musical film depicting the story of a fictional Mexican drug cartel that was nominated for 13 Oscars on Thursday.

Trump has long vowed to secure the border and conduct mass deportations. On the first day of his administration, he declared a national emergency at the southern border and signed an executive order seeking military assistance to fulfill this mission.

Mexican President Claudia Sheinbaum said Monday that her country has received 4,094 migrants, most of whom are Mexican nationals, deported from the U.S. since Jan. 20.

On Sunday, Trump’s “border czar” Tom Homan told ABC “This Week” co-anchor Martha Raddatz that military aircraft will be utilized daily and promised to carry out the largest deportation operation in U.S. history.

In response to Gomez’s video, Homan told Fox News on Monday that he has “no apologies” and remained steadfast in his commitment to enforcing the deportation operations.

“I don’t think we’ve arrested any families. We’ve arrested public safety threats and national security threats, bottom line,” Homan added. “It is all for the good of this nation, and we’re gonna keep going,” he said.

“Deportation flights have begun,” press secretary Karoline Leavitt wrote on X on Friday, attaching photos of handcuffed migrants filing into a military aircraft.

Trump also said Friday that the deportations were “going very well.”

Ahead of planned deportations, Mexico’s foreign secretary had advised Mexicans in the U.S. to not open their doors for law enforcement unless necessary.

“If [migration authorities] knock on your door, ask them to show you a warrant and put it under the door. They can’t enter a house if they don’t have a warrant from a judge,” said Juan Ramón de la Fuente, Mexico’s foreign secretary, emphasizing each individual’s right to remain silent.

With 422 million followers, Gomez is the #1 most followed woman on Instagram.

Gomez has spoken out politically in the past. In 2020, she engaged in a video interview with then-Senator Kamala Harris, discussing the importance of voting and supporting mental health initiatives.

Among Gomez’s activism efforts include campaigns and initiatives with UNICEF, as well as her makeup brand’s Rare Impact Fund which advocates for mental health services and education.

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National

Over 100 juveniles attend massive boozy house party at school principal’s home: Police

Carsten Rehder/picture alliance via Getty Images

(COCOA BEACH, FL) — An elementary school principal has been arrested after allegedly throwing a massive boozy house party for over 100 juveniles, authorities said.

The incident occurred on Jan. 19 when authorities from the Cocoa Beach Police Department responded to a home after reports of a large house party and “observed over 100 juveniles at the residence in matching t-shirts, many of whom were consuming alcohol that was later learned to be available in coolers at the residence,” according to a statement from the Cocoa Beach Police Department.

The homeowner was quickly identified to be Elizabeth Hill-Brodigan, the principal of nearby Roosevelt Elementary School, police said.

“While officers were investigating the party, a juvenile was located on the front lawn experiencing an alcohol related medical event,” authorities said in their statement regarding the party. “The juvenile was so heavily intoxicated that Brevard County Fire Rescue (BCFR) had to respond to treat them.”

“During this time, the homeowner, Hill-Brodigan, was seen by officers in the driveway of her residence turning off the outside lights and entering her residence, causing BCFR to auxiliary lighting on their vehicle to treat the juvenile,” police continued. “Additionally, a traffic stop was conducted near the residence resulting in the arrest of the juvenile driver for DUI.”

Another intoxicated adult female — later identified as Karly Anderson, a teacher at Roosevelt Elementary School — was also identified as being at the party, according to the Cocoa Beach Police Department.

Numerous juveniles and their parents were interviewed by police in the days after the incident and an arrest was obtained for Hill-Brodigan on charges of child neglect, contributing to the delinquency of a minor and holding an open house party, police said.

Anderson was also arrested and charged with child neglect and contributing to the delinquency of a minor.

The school has yet to issue a statement regarding the party and the investigation remains open.

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