Death row inmate Robert Roberson expected to speak before state House committee
Bo Zaunders/Getty Images
(WASHINGTON) — Texas death row inmate Robert Roberson, whose “shaken baby syndrome” murder conviction in the death of his 2-year-old daughter has come under scrutiny, has been ordered to appear before the Texas House Criminal Jurisprudence Committee on Friday over the state’s so-called “junk science” law.
The legislation, passed in 2013, creates a pathway for people to challenge their convictions if new scientific evidence or developments would have impacted the outcome of their case. However, some legislators say they are concerned that the state law may not adequately address these issues and it is now being investigated by the House committee.
“Robert is eager to testify and grateful for the chance to be heard,” said Gretchen Sween, Roberson’s attorney. “We will do all we can to cooperate, and I profoundly hope that his ability to appear is not obstructed by those who, for whatever reason, do not want the lawmakers and the public to hear from him directly about his experience trying to communicate his innocence.”
Roberson was set to become the first person in the U.S. executed for a shaken baby syndrome diagnosis murder conviction on Oct. 17 before the court intervened and a state House committee issued a subpoena for Roberson to testify on the law on Oct. 21, halting the execution. However, Roberson did not testify that day.
A new execution date has not yet been scheduled, according to Roberson’s legal representatives. In November, the Supreme Court of Texas noted that a subpoena could not block a scheduled execution.
Roberson was found guilty of the 2002 murder of his 2-year-old daughter, Nikki, in part based on the testimony of a pediatrician who described swelling and hemorrhages in her brain to support a shaken baby syndrome diagnosis. He was tried and convicted of capital murder in 2003 and sentenced to death.
Roberson’s legal team argued that evidence not presented at the trial found that Nikki had pneumonia and had been prescribed respiratory-suppressing drugs by doctors in the days leading up to her death, leading to a case of severe viral and bacterial pneumonia that progressed to sepsis and then septic shock.
Additionally, Roberson’s team says his autism affects how he expresses emotion; investigators noted Roberson’s lack of emotion during his arrest.
Roberson’s fight for clemency has been backed by a bipartisan group of more than 80 state lawmakers, as well as medical, scientific and criminal justice advocates who have questioned the legitimacy of the use of the shaken baby syndrome diagnosis in his case based on newer scientific evidence. The lead detective on Roberson’s case at the time, Brian Wharton, also now argues that missing evidence hindered the case.
However, Texas Attorney General Ken Paxton and other state officials have argued that “Roberson was lawfully sentenced to death” and that he has “exhausted every legally available appellate avenue” — noting that the case was heard once more by a trial court in 2021 in a dayslong evidentiary hearing after his execution was first halted, and earlier this year, Roberson’s team requested that a district court reopen his case.
Paxton also argued that the jury did not convict Roberson solely based on the controversial shaken baby syndrome diagnosis, though Roberson’s attorneys said that “shaken baby” was referred to by prosecutors and witnesses throughout the jury trial.
(WASHINGTON) — Republican Rep. Barry Loudermilk, chairman of the House Administration’s subcommittee on Oversight, in a new report suggests former GOP Rep. Liz Cheney should be investigated for alleged criminal witness tampering, claiming she played an “integral role” shaping key witness testimony before the Jan. 6 committee investigating the attack on the U.S. Capitol by a pro-Trump mob.
President-elect Donald Trump posted early Wednesday morning on his social media platform that “Liz Cheney could be in a lot of trouble based on the evidence obtained by the subcommittee, which states that ‘numerous federal laws were likely broken by Liz Cheney, and these violations should be investigated by the FBI.”
Earlier this month, Trump, speaking about Jan. 6 committee members, said on NBC’s “Meet the Press” that, “for what they did, honestly, they should go to jail.”
The House GOP report released Tuesday marks not only the latest effort by House Republicans to discredit the Jan. 6 committee, but also a possible preview of its oversight efforts in the next session of Congress beginning in January.
Cheney’s name appears in the report more than 120 times, excluding the table of contents, going line-by-line to blast her participation as vice chair of the Jan. 6 committee.
“Without authority and against House Rules — the role of ranking member, Congress itself must right its former wrongs and declare this appointment of Representative Cheney invalid now,” the report states.
The report alleges that as Cheney participated in the investigation, she colluded with Cassidy Hutchinson, the former Trump White House aide, about her testimony describing then-President Trump’s efforts to overturn the 2020 presidential election.
The report contends that Cheney not only “backchannelled” with Alyssa Farah Griffin, a former Trump White House aide and a host of ABC’s “The View,” to get Hutchinson to change her narrative but also communicated with her “directly for days.” After that, the report alleges that Cheney also convinced Hutchinson to fire her attorney, Stefan Passantino.
“According to text messages, that appear to be from the encrypted messaging app “Signal,” between Hutchinson and Farah Griffin obtained by the Subcommittee, Cheney agreed to communicate with Hutchinson through Farah Griffin,” the subcommittee said.
“It is unusual — and potentially unethical — for a Member of Congress conducting an investigation to contact a witness if the Member knows that the individual is represented by legal counsel,” the report states. “This appears to be precisely what Representative Cheney did at this time, and within a matter of days of these secret conversations, Hutchinson would go on to recant her previous testimony and introduce her most outlandish claims.”
“What other information was communicated during these phone calls may never be known, but what is known is that Representative Cheney consciously attempted to minimize her contact with Hutchinson in her book, and the most likely reason to try to bury that information would be if Representative Cheney knew that it was improper and unethical to communicate with Hutchinson without her counsel present,” the report states.
“It must be emphasized that Representative Cheney would likely have known her communications without the knowledge of Hutchinson’s attorney were illicit and unethical at that time,” the report said. Farah Griffin indicated as much … in her … message to Hutchinson … when she wrote that Representative Cheney’s “one concern” was that as long as Hutchinson was represented by counsel, “she [Cheney] can’t really ethically talk to you [Hutchinson] without him [Passantino].”
Despite Representative Cheney’s initial hesitation, the Subcommittee uncovered evidence of frequent, direct conversations between Hutchinson and Representative Cheney without Passantino’s knowledge, and also through their intermediary Farah Griffin.”Cheney responded in a statement stressing the testimony “was painstakingly” presented in thousands of pages of transcripts, made public along with a “highly detailed and meticulously sourced 800-page report.”
“Chairman Loudermilk’s ‘Interim Report’ intentionally disregards the truth and the Select Committee’s tremendous weigh of evidence, and instead fabricates lies and defamatory allegations in an attempt to cover up what Donald Trump did,” Cheney wrote. “Their allegations do not reflect a review of the actual evidence, and are a malicious and cowardly assault on the truth.”
Cheney also did not back off her role and the committee’s findings.
“January 6th showed Donald Trump for who [he] really is – a cruel and vindictive man who allowed violent attacks to continue against our Capitol and law enforcement officers while he watched television and refused for hours to instruct his supporters to stand down and leave,” she noted. “The January 6th Committee’s hearings and report featured scores of Republican witnesses, including many of the most senior officials from Trump’s own White House, campaign and Administration.”
Farah Griffin also disputed the GOP report’s conclusions.
“This report is full of inaccuracies and innuendo,” she said in a statement. “The report wrongly states – and without any evidence – that I acted as an intermediary between Cassidy Hutchinson and Liz Cheney for “a month.” That is not true, and these messages demonstrate the full extent of my involvement. Further, these messages weren’t ‘obtained’ by the Committee – they were requested by the Committee and voluntarily handed over to the Committee. I believe in Congressional oversight, whether it be the January 6th investigation or this inquiry.”
Trump has denied any wrongdoing in relation to Jan. 6.
Ronald Rowe, acting director of the United States Secret Service; Tierney L. Cross/Bloomberg via Getty Images
(WASHINGTON) — Acting Secret Service Director Ronald Rowe and Republican Texas Congressman Pat Fallon got into a screaming match Thursday at a House panel investigating the assassination attempt against President-elect Donald Trump.
Fallon yelled about Rowe’s attendance at the 9/11 memorial. He accused Rowe of putting the President’s Secret Service detail out of position so he could sit behind him during the 9/11 remembrance ceremony.
“Congressman, what you’re not seeing is the [lack] of the detail off out of the picture’s view. And that is the day where we remember more than 3000 people that have died on 911,” Rowe said Thursday. “I actually responded to Ground Zero. I was there going through the ashes of the World Trade Center. I was there at Fresh Kills..”
Fallon yelled at Rowe, asking if he was the special agent in charge.
“I was there to show respect for members that died on 9/11,” Rowe yelled back his finger pointing at Fallon. “Do not invoke 9/11 for political purposes,” Rowe shouted.
“Oh I am not,” Fallon responded.
“You are sir,” Rowe yelled back. “And you are out of line!”
“I am an elected member of Congress, and I’m asking you a serious question,” Fallon said.
“I am a public servant who has served,” Rowe yelled back.
Fallon accused the acting director of putting the life of the vice president in jeopardy to audition for the job.
This is a developing story. Please check back for updates.
(WASHINGTON) — Pete Hegseth, President-elect Donald Trump’s embattled pick for defense secretary, is facing senators on Tuesday for his confirmation hearing.
Hesgeth is expected to be grilled by the Armed Services Committee on allegations of misconduct and sexual impropriety he’s denied — as well as his position on military policy issues, including women in combat and diversity goals.
Hegseth defends comments about women in combat
Democratic Sen. Jeanne Shaheen grilled Hegseth on his past comments about women serving in the military, including his previous comments that women should not serve in some combat roles.
“Senator, I would like to clarify, when I’m talking about that issue, it’s not about the capabilities of men and women, it’s about standards,” Hegseth said. “And this committee has talked a lot about standards, standards that we unfortunately, over time, have seen eroded in certain duty positions, certain schools, certain places, which affects readiness, which is what I care about the most, readiness.”
During the exchange, Shaheen asked Hegseth for his message to the almost 400,000 women serving today who she said now may wonder whether they can rise to the highest ranks of the military.
“I would say I would be honored to have the opportunity to serve alongside you, shoulder to shoulder, men and women, Black, white, all backgrounds with a shared purpose,” Hegseth said. “Our differences are not what define us. Our unity and our shared purpose is what define us. And you will be treated fairly and with dignity, honor and respect, just like every man and woman in uniform.”
After a tense back and forth, Shaheen said to Hegseth: “I appreciate your eleventh-hour conversion.”
Hegseth says US has to modernize nuclear arsenal
Sen. Deb Fischer, a Nebraska Republican, questioned Hegseth about investing in the United States nuclear arsenal and whether he agreed with Trump’s posture during his first administration — that preventing attacks from adversaries was the “highest priority.”
“Yes, I do, because ultimately, our deterrence, our survival is reliant upon the capability, the perception and the reality of the capability of our nuclear triad,” Hegseth responded. “We have to invest in its modernization for the defense of our nation.”
Hegseth rails against media when asked to respond to allegations
Committee chairman Sen. Roger Wicker, R-Miss., in the first question of the hearing, asked Hegseth to respond to the allegations against him.
“Let’s get into this allegation about sexual assault, inappropriate workplace behavior, alcohol abuse and financial mismanagement during your time as a nonprofit executive,” Wicker said.
Hegseth, who has denied the accusations, railed against what he claimed was a “coordinated smear campaign” by the news media. “All they were out to do, Mr. Chairman, was to destroy me,” Hegseth said. “And why do they want to destroy me? Because I’m a change agent and a threat to them. Because Donald Trump was willing to choose me, to empower me to bring the Defense Department back to what it really should be, which is war fighting.”
Hegseth then turned personal, saying he’s not “perfect” but is now ready to lead the Pentagon.
“I’m not a perfect person, but redemption is real,” he said. “And God forged me in ways that I know I’m prepared for.”
Hegseth opening statement interrupted by outbursts
Hegseth is now speaking for the first time before the committee.
His opening statement is being interrupted by hecklers, who were then escorted out of the room.
Chairman Roger Wicker thanked authorities for their “swift reaction” to the first incident.
“Let me just say this, the Capitol Police are going to remove immediately individuals who are interrupting the hearing,” Wicker said.
Rep. Mike Waltz, Trump’s pick for national security adviser, endorses Hegseth
Trump’s pick for national security adviser, Rep. Mike Waltz, introduced and endorsed Hegseth.
Waltz was recognized by Sen. Roger Wicker, the chairman of the committee, who noted Waltz was still a member of Congress for several more days.
“He will bring the perspective of being the first secretary of defense to have served as a junior officer on the front lines, not in the headquarters on the front lines in the War on Terror, and recognizes the human costs, the financial costs and the policy drift that was discussed often in this very room that led us to decades and decades of war,” Waltz said of Hegseth.
Waltz is also a retired Army National Guard officer and war veteran.
Charged scene inside the room as confirmation hearing begins
Dozens of veterans — some wearing service badges — filled the hearing room in the Dirksen Building in support of Hegseth, wearing pins with the nominee’s name. A number of them are wearing black baseball caps with the nominee’s name and the bone frog logo associated with the Navy SEALs.
Spotted in the crowd were Sean Parnell, a former Army Ranger and conservative media personality, and Tim Kennedy, an ex-UFC fighter and former Green Beret.
The group, which was buzzing with excitement ahead of the hearing, appeared to cheer for Hegseth and shout “USA!” as the hearing got underway.
There are also a small group of Code Pink antiwar protestors in the room, with signs reading “No Hegseth No Crusade” and “No Hegseth No Christian Jihad.”
ABC News’ Benjamin Siegel, Lauren Peller, Arthur Jones and Olivia Rubin
Panel’s top Democrat to say Hegseth is not qualified for the job
Sen. Jack Reed will tell Hegseth in no uncertain terms that he does not believe he is qualified for the job of Secretary of Defense.
“I do not believe that you are qualified to meet the overwhelming demands of this job,” Reed will say, according to his opening statement.
Reed will also address the allegations against Hegseth, which Hegseth has denied.
“We must acknowledge the concerning public reports against you. A variety of sources — including your own writings — implicate you with disregarding laws of war, financial mismanagement, racist and sexist remarks about men and women in uniform, alcohol abuse, sexual assault, sexual harassment, and other troubling issues. I have reviewed many of these allegations, and find them extremely alarming,” Reed will say.
He also alleges that Hegseth’s comments suggest he will politicize the military.
“Indeed, the challenge of the Secretary of Defense is to remove partisan politics from the military. You propose to inject it. This would be an insult to the men and women who have sworn to uphold their own apolitical duty to the Constitution,” the statement says.
-ABC News’ Allison Pecorin
FBI didn’t interview woman who accused Hegseth of sexual assault in 2017
The FBI’s probe of Hegseth did not include an interview with a woman who accused him of sexual assault years ago, sources familiar with the situation told ABC News.
Top senators on the Armed Services Committee were briefed on the FBI’s background investigation last week but sources said investigators did not speak to the accuser. The circumstances around the lack of an interview with the woman are unclear.
A police report stated that a woman, identified only as Jane Doe, told investigators in 2017 she had encountered Hegseth at an event afterparty at a California hotel where both had been drinking and claimed that he sexually assaulted her. Hegseth had told authorities that the encounter was consensual.
No charges were filed, although Hegseth subsequently paid the woman as part of a settlement agreement, which Hegseth’s attorney said was only because he feared his career would suffer if her allegations were made public.
Read more about the police report and alleged altercation here.
-ABC News’ Rachel Scott, Katherine Faulders and Luke Barr
Trump reiterates support for Hegseth
In a post on his social media platform, Trump wrote Hegseth will make a GREAT Secretary of Defense.
“He has my Complete and Total support. Good luck today, Pete!” Trump wrote.
Plus, Trump senior adviser Jason Miller did a morning show blitz praising Hegseth.
“I think Pete Hegseth is going to kill them with kindness,” Miller said on CNN, previewing Hegseth’s strategy ahead of the hearing.
On Fox News, Miller said he believed Hegseth was the war hero the United States needs and highlighted support from veterans for his nomination.
“I don’t see it so much of a challenge. I think it’s an opportunity to talk about restoring that warrior ethos, that warrior spirit, back into the military,” Miller said as he avoided any concerns of Hegseth’s past.
-ABC News Oren Oppenheim and Kelsey Walsh
Hegseth to pitch himself as ‘change agent’
In his opening statement, obtained by ABC News, Hegseth does not mention the allegations against him but vows to be a “change agent” and bring a “warrior culture” back to the Defense Department.
“I want to thank President Trump for his faith in me, and his selfless leadership of our great Republic,” Hegseth will say, according to the prepared remarks. “The troops could have no better Commander-in-Chief than Donald Trump.”
“He, like me, wants a Pentagon laser-focused on warfighting, lethality, meritocracy, standards, and readiness,” Hegseth will say. “That’s it. That is my job.”
Hegseth will go on to address his lack of experience compared to previous Pentagon chiefs.
“It is true that I don’t have a similar biography to Defense Secretaries of the last 30 years. But, as President Trump also told me, we’ve repeatedly placed people atop the Pentagon with supposedly ‘the right credentials’ — whether they are retired generals, academics, or defense contractor executives — and where has it gotten us? He believes, and I humbly agree, that it’s time to give someone with dust on his boots the helm. A change agent. Someone with no vested interest in certain companies or specific programs or approved narratives,” the prepared statement reads.
-ABC News’ Rachel Scott
How Hegseth could overhaul the military
Hegseth, if confirmed, would be in charge of a massive organization of more than 1 million active-duty service members and nearly 1 million civilian workers.
Hegseth has previously discussed going after alleged “wokeness” in the military by firing certain generals, taking aim at DEI initiatives and other programs. He’s also said he is generally against women serving in certain combat roles unless they pass high standards men do.
Read more about the police report and alleged altercation here.
Hegseth’s rocky nomination
Hegseth, a former Fox News host who had served in Iraq and Afghanistan as an infantry officer in the U.S. Army Reserve and the National Guard, was nominated by Trump in mid-November.
He quickly faced scrutiny from some lawmakers over his lack of management experience. Then came reports of alleged sexual misconduct and financial mismanagement, which he’s denied.
At one point, ABC News reported Trump was looking at possible replacements to Hegseth.
But Hegseth’s spent many days on Capitol Hill looking to shore up support, vowing to fight and telling lawmakers he’s a “changed man.” It appeared he was gaining some Republican support back after his one-on-one meetings with lawmakers, and Trump has since doubled down on his support for his Pentagon pick.
Still, the Senate panel that will question him on Tuesday had quietly sought additional information on some of the allegations before the hearing.
