DOJ, under Trump, moves to drop appeal of classified docs case against his co-defendants
(WASHINGTON) — The Department of Justice, now under new leadership following Donald Trump’s inauguration, has moved to drop its appeal of the classified documents case that once accused Trump of mishandling some of the country’s most sensitive secrets.
Acting U.S. Attorney for the Southern District of Florida Hayden O’Bryne on Wednesday moved to dismiss the appeal against Trump’s former co-defendants in the U.S. Court of Appeals for the Eleventh Circuit.
Trump pleaded not guilty in 2023 to 40 criminal counts — including violations of nine separate federal laws — for allegedly holding on to classified documents after leaving the White House in 2021 and thwarting investigators’ efforts to retrieve the documents from his Mar-a-Lago estate.
Along with longtime aide Walt Nauta and staffer Carlos De Oliveira, Trump pleaded not guilty in a superseding indictment to allegedly attempting to delete Mar-a-Lago surveillance footage.
In July, U.S. District Judge Aileen Cannon — who Trump appointed to the bench — dismissed the indictments, deeming that special counsel Jack Smith had been unconstitutionally appointed.
While Smith appealed Cannon’s decision, he was forced to drop the appeal against Trump after Trump won the November election, due to a longstanding policy against prosecuting sitting presidents. However, Smith continued to pursue the appeal against Nauta and De Oliveira prior his resignation earlier this month.
The DOJ’s motion to drop the appeal signals an end to its prosecution of Nauta and De Oliveira.
Cannon on Tuesday cited the DOJ’s ongoing appeal against Nauta and De Oliveira in her decision to block the release of Smith’s final report on the case to select members of Congress.
(NEW YORK) — The defense attorney representing Luigi Mangione, the suspect in the killing of UnitedHealthcare CEO Brian Thompson, said he has seen “no evidence” linking his client to the killing, adding that “a lot of guns look the same.”
“I have not been made aware of any evidence that links the gun that was found on his person to the crime so these are things that we’re looking to see,” attorney Thomas Dickey told ABC News’ “Good Morning America” on Wednesday.
“Today’s another day,” he added. “We’re looking forward to beginning our inquiry as to what evidence may or may not be out there.”
The attorney said Mangione is “taking it as well as he can.”
Mangione, 26, plans to challenge his extradition from Pennsylvania to New York, where he faces a charge of second-degree murder in connection with Thompson’s Dec. 4 outside a Midtown Manhattan hotel.
The Ivy League graduate was arrested on Monday in Altoona, Pennsylvania, and charged in Pennsylvania for allegedly possessing an untraceable “ghost” gun.”
“He has constitutional rights and that’s what he’s doing” in challenging the interstate transfer, Dickey told reporters on Tuesday.
Police officials in New York have not said whether the gun recovered in Pennsylvania is considered a match for the one used in the killing last week, but said it looks similar and that it would undergo ballistic testing.
“A lot of guns look the same,” Dickey said on Wednesday. “If you brought a gun in and said, ‘Well, it looks like that,’ I don’t even know if that evidence would be admissible. So I would argue it wouldn’t be given much weight.”
He also cautioned that anyone speculating on the case should take the potential evidence “in its entirety,” not taking pieces of writing or other evidence “out of context.”
“People put out certain things, parts of different things,” he said. “I think any lawyer involved in this situation would want to see it all.”
Mangione plans to plead not guilty to the charges filed against him in Pennsylvania, Dickey said. A judge in Pennsylvania ordered Mangione held without bail on Tuesday.
The Manhattan District Attorney’s Office said it will seek a governor’s warrant to try to force Mangione’s extradition. New York Gov. Kathy Hochul said in a statement that she’ll sign a request for the governor’s warrant “to ensure this individual is tried and held accountable.”
Dickey said he anticipates that Mangione would also plead not guilty to the second-degree murder charge in New York.
Mangione yelled to the press about “an insult to the intelligence of the American people” as he was physically dragged into the courthouse on Tuesday.
When Mangione was arrested on Monday, he had “written admissions about the crime” with him, according to the New York arrest warrant.
Mangione’s writings, obtained by ABC News, were addressed to the “Feds” and said, “I do apologize for any strife of traumas but it had to be done. Frankly, these parasites simply had it coming.”
He claimed that the U.S. has the most expensive health care system in the world, but ranks about No. 42 in life expectancy. He said UnitedHealthcare “has grown and grown, but as our life expectancy? No the reality is, these [indecipherable] have simply gotten too powerful, and they continue to abuse our country for immense profit.”
Whether Mangione has a personal connection to UnitedHealthcare is unknown, NYPD Commissioner Jessica Tisch said.
A UnitedHealth Group spokesperson said in a statement that they hope the arrest “brings some relief to Brian’s family, friends, colleagues and the many others affected by this unspeakable tragedy. We thank law enforcement and will continue to work with them on this investigation.”
ABC News’ Peter Charalambous and Josh Margolin contributed to this report.
(NEW ORLEANS , LA) — An Army veteran who was “hell-bent” on killing as many people as possible drove a rented pickup truck around barricades and plowed his vehicle through a crowd of New Year’s revelers on Bourbon Street in New Orleans at a high rate of speed, leaving at least 15 dead and injuring dozens of others early Wednesday, city and federal officials said.
After mowing down numerous people over a three-block stretch on the famed thoroughfare while firing shots into the crowd, the suspect — identified by sources as Shamsud-Din Jabbar, 42 — allegedly got out of the truck wielding an assault rifle and opened fire on police officers, law enforcement officials briefed on the incident told ABC News. Officers returned fire, killing Jabbar, a U.S.-born citizen from Texas, sources said. At least two police officers were injured, one by gunfire and the other was hurt when officer was pinned by the truck, authorities said.
Althea Duncan, assistant special agent in charge of FBI New Orleans field office, said investigators do not believe Jabbar acted alone.
“We do not believe that Jabbar was solely responsible,” Duncan said during a news conference Wednesday afternoon. “We are aggressively running down every lead, including those of his known associated. That’s why we need the public’s help. We are asking if anybody had any interaction with Shamsud-Din Jabbar in the last 72 hours that you contact us.”
New Orleans police have reviewed surveillance video that appears to show several people planting potential explosive devices in advance of the vehicle attack, which led them to believe he was not “solely responsible,” sources said. Investigators are urgently working to identify the individuals who were seen on camera and take them into custody.
Duncan said Jabbar was an Army veteran. In addition to the assault rifle, Jabbar was allegedly armed with a handgun, sources told ABC News.
New Orleans Coroner Dr. Dwight McKenna released a statement late Wednesday afternoon that said “As of now, 15 people are deceased.”
“It will take several days to perform all autopsies. Once we complete the autopsies and talk with the next of kin, we will release the identifications of the victims,” McKenna’s statement continued.
Rep. Troy Carter, D-Louisiana, told ABC News earlier Wednesday afternoon that the number of people killed in the incident had risen from 10 to 15. He said another 25 people were hospitalized with injuries. During Wednesday’s news conference, New Orleans Police Superintendent Anne Kirkpatrick said that she could only confirm that at least 10 had died, but she said several people had suffered life-threatening injuries.
On Wednesday afternoon, the FBI in Houston and the Harris County, Texas, Sheriff’s Office, posted a message on social media that they are are “currently conducting law enforcement activity near the intersection of Hugh Road and Crescent Peak Drive in north Houston.”
“We have secured a perimeter in that area and are asking people to avoid the area,” the notice said. “FBI Houston personnel and specialized teams will be on-site for several hours. This activity is related to this morning’s New Orleans attack, but due to the ongoing nature of the investigation, no further information can be provided.
Security bollards not working at the time Kirkpatrick said security bollards were not working at the time because they were in the process of being replaced for the upcoming Super Bowl. She confirmed that the suspect drove on the sidewalk to get around a police car blocking the intersection.
“We did indeed have a plan but the terrorist defeated it,” Kirkpatrick said.
Duncan said improvised explosives devices (IEDs) and other weapons were found inside the pick truck. She said two additional IEDs were discovered in the French Quarter and rendered safe.
The IEDs found in and around the scene on Bourbon Street were apparently determined to be viable and investigators were looking for more in the city’s French Quarter, multiple law enforcement sources tell ABC News. The FBI said two devices were found and rendered safe. Crude pipe bombs stuffed with coils and nails were found at the scene along with a grenade, sources said.
In a YouTube video posted in 2020, the suspected attacker said he was born and raised in Beaumont, Texas, and spent a decade working in the U.S. military before becoming a realtor in the Houston area. His years in the military, he said in the video that has since been removed from YouTube, were spent working as a human resources and IT specialist.
It appears that the truck the suspect rented was spotted in Texas on Tuesday, but it was not clear if the suspect was in the vehicle at the time, according to a source citing preliminary law enforcement information. An ISIS flag was attached to the pickup rear hitch, Duncan said, adding that the FBI is trying to assess the suspect’s connection to the terror groups.
The Sugar Bowl between the University of Georgia and Notre Dame has been postponed from Wednesday night to Thursday night, Sugar Bowl CEO Jeff Hundley announced at Wednesday’s news conference. The game was set to kickoff Wednesday night at the New Orleans, where police remain focused on securing the French Quarter after the vehicle ramming attack.
Jason Williams, the district attorney of Orleans Parrish, which includes New Orleans, told ABC News that investigators are conducting a grid search to determine if other explosive devices were planted.
New Orleans police and agents from the Bureau of Alcohol, Tobaco, Firearms and Explosives have cordoned a home believed to be an AirBnB in the St. Roch neighborhood about 2 miles from downtown. It was not immediately clear if the suspect is associated with the AirBnB rental.
Investigated as terror attack
New Orleans Mayor LaToya Cantrell described the horrific incident a “terrorist attack” and the FBI said it was being investigated as an act of terror. The bloodshed comes on the heels of a deadly vehicle ramming attack in Germany. Fears of such attacks were a growing concern among law enforcement as well as attacks by lone actors at winter holiday events.
Police Superintendent Anne Kirkpatrick said the driver had attempted to kill as many people as possible. The truck used in the attack appeared to be a F-150 Lightning, an electric vehicle. A black flag appeared to be attached to the vehicle, but its significance was not immediately known.
By the time the melee had ended, at least 35 people were injured, New Orleans police and city officials said. Most of the victims appeared to be local, officials said.
“He was hell-bent on creating the carnage that he did,” Kirkpatrick said at a news conference early Wednesday.
The New Orleans Police Department said the attack occurred despite the force being “staffed 100%” for New Year’s Eve and the Sugar Bowl, a college football game played annually on New Year’s Day. An additional 300 officers were on duty from partner agencies, the police department said.
Despite discussions about canceling or postponing the Sugar Bowl, the game was expected to be played Wednesday evening, sources briefed said. Some events and parties around the game were canceled, however.
President Joe Biden has been briefed on the attack and has been in touch with Cantrell to offer support, according to the White House.
“I will continue to receive updates throughout the day, and I will have more to say as we have further information to share,” Biden said in a statement. “In the meantime, my heart goes out to the victims and their families who were simply trying to celebrate the holiday. There is no justification for violence of any kind, and we will not tolerate any attack on any of our nation’s communities.”
President-elect Donald Trump posted a statement on his Truth Social platform, saying, Our hearts are with all of the innocent victims and their loved ones, including the brave officers of the New Orleans Police Department. The Trump Administration will fully support the City of New Orleans as they investigate and recover from this act of pure evil!”
Local authorities asked the FBI for assistance early on Wednesday, a senior federal law enforcement source told ABC News. A command center was being set up, the source said. The FBI was set to lead the investigation.
‘Horrific act of violence’
“A horrific act of violence took place on Bourbon Street earlier this morning,” Gov. Jeff Landry said, adding that his family was praying for the victims and first responders.
Witness Jimmy Cothran of New Orleans told ABC News that he and a friend were walking on Bourbon Street when the truck attack began. He said they ducked into a bar and within minutes, four frantic women pushed through security, rushed into the bar and hid under tables.
“When we got on the balcony, what we saw was insanity,” Cothran, a certified emergency medical technician, said. “I mean it was something out of a movie, the graphic nature of it. It was unbelievable. We instantly counted I’d saw 10 bodies, six clearly graphically deceased and the others yelling with one around. Everyone had just cleared the street completely.”
Cothran said he tried to go out and help the injured but was stopped by security.
Another witness, who requested to be identified only as Paul S., told ABC News he was startled awake by the sound of what he initially thought was fireworks.
“Around 3:15 [a.m.], we heard a ‘pop, pop, pop, pop’ sound followed by a sound that sounded like fireworks going off, like big fireworks all at once,” Paul S. said. “Then it turned out that was the crash.”
He said he looked outside his hotel window, he saw a chaotic scene with bodies strewn on the street below.
“What I was was if you can imagine a street with brick and whatnot littered all around the sidewalk, and then there were bodies laid up next to garbage cans and people rushing to give aid,” Paul S. said.
He said he observed a man who had been thrown from his wheelchair lying on the ground next to the truck involved in in the attack writhing in pain.
“There was also a body underneath a scissor lift,” Paul S. said.
Truck apparently rented through app
The Ford F-150 Lightning truck used in the attack was apparently rented through the Turo app — a car sharing company, according to Rodrigo Diaz, the owner of the truck. Diaz told ABC News he rented the truck to an individual through the app and is currently talking to the FBI. He declined further comment.
Diaz wife, Dora Diaz, told ABC News that she and her husband are devastated by the incident.
“My husband rents cars through the Turo app. I can’t tell you anything else. I’m here with my kids, and this is devastating,” Dora Diaz said.
Deploying ‘every available resource
Attorney General Merrick Garland confirmed the FBI is investigating the incident as an act of terrorism. He said the the Justice Department’s National Security Division, and the U.S. Attorney’s Office for the Eastern District of Louisiana are working with local law enforcement and “will deploy every available resource to conduct this investigation.”
“The country woke up this morning to news of a terrible tragedy in New Orleans that killed at least 10 people and injured many more,” Garland said in a statement. “My heart is broken for those who began their year by learning people they love were killed in this horrific attack, and my prayers are with the dozens who were injured, including the New Orleans Police Department Officers who risked their lives to save others.”
Leading up to the holidays, federal law enforcement and intelligence had warned police around the country that low-tech vehicle ramming was a key area of concern and that they needed to prepare — and that was before the German Christmas market attack on Dec. 20, in which five people were killed and hundreds were injured.
In a Dec. 9 assessment for the Times Square New Year’s Eve celebration, federal and local agencies wrote: “We remain concerned about the use of vehicle ramming against high-profile outdoor events…Vehicle ramming has become a recurring tactic employed by threat actors in the West, marked by a continued interest by (terrorists, extremists) and lone offenders in targeting crowded pedestrian areas.”
“There are 30 injured patients that have been transported by NOEMS and 10 fatalities,” the city said, using an acronym for the New Orleans Emergency Medical Services.
The police later said at least 35 people were injured and taken to five local hospitals — University Medical Center, Touro Hospital, East Jefferson General Hospital, Ochsner Medical Center Jefferson Campus and Ochsner Baptist Campus.
This is a developing story. Please check back for updates.
(NEW YORK) — Luigi Mangione, the suspect accused of killing UnitedHealthcare CEO Brian Thompson wasn’t a member of the insurer, a company spokesperson said.
“Brian Thompson’s killer was not a member of UnitedHealthcare,” the company told ABC News.
Prosecutors at the Manhattan District Attorney’s Office have begun presenting evidence to a grand jury as they work to secure an indictment against Mangione for the killing of Thompson, sources told ABC News.
The DA’s office declined to comment due to the secrecy surrounding grand jury matters.
An indictment could strengthen the case for extradition, which Mangione is fighting.
The 26-year-old Ivy League graduate remains in custody at a Pennsylvania state prison after a judge denied bail on Tuesday. His next court date in Pennsylvania is Dec. 30.
“He has constitutional rights and that’s what he’s doing” in challenging the interstate transfer, defense attorney Thomas Dickey told reporters on Tuesday.
Authorities are still looking to access a phone recovered by police in an alley following the shooting that is believed to be linked to the suspect, sources said Thursday. Police have obtained a search warrant for the phone, sources said.
At least two other search warrants have been issued so far in the New York case. They include to search the hostel where the suspect stayed in New York City, as well as the backpack containing Monopoly money and a jacket that was found in Central Park and is believed to belong to him, sources said.
Mangione was apprehended in Altoona, Pennsylvania, on Monday after nearly one week on the run following the Dec. 4 slaying.
Three shell casings recovered outside the Midtown Manhattan hotel where Thompson was fatally shot match the gun allegedly found on Mangione when he was arrested, police announced Wednesday.
Fingerprints recovered from a water bottle and a Kind bar near the crime scene have also been matched to Mangione, police said.
In Pennsylvania, Mangione faces charges including allegedly possessing an untraceable ghost gun.
In New York, he faces charges including second-degree murder.