Federal court asked to block Trump’s 2nd executive order targeting birthright citizenship
U.S. President Donald Trump takes a question from reporters during an event in the Oval Office on Aug. 10, 2026, in Washington, D.C. (Anna Moneymaker/Getty Images)
(WASHINGTON) — The same legal team that successfully challenged President Donald Trump’s first bid to end birthright citizenship is asking a federal judge to clarify that the Supreme Court’s ruling also blocks a second executive order attempting to target specific children who Trump says are exempt from becoming Americans at birth.
Trump’s second birthright order — signed last week as a response to the high court’s June ruling — attempts to deny citizenship to children born on U.S. soil to an “alien enemy,” or a “foreign government employee,” or a parent who “engaged in a commercial transaction” to obtain citizenship or who are born in a territory where citizenship is not conferred by statute.
Attorneys for the American Civil Liberties Union, representing a class of potentially affected immigrant families, filed a motion in federal district court in New Hampshire on Tuesday seeking a declaratory order that the new order effectively defies the Supreme Court.
“Nothing requires this Court to countenance the continued assault on this foundational constitutional principle or issue an endless string of EO-specific injunctions,” the attorneys wrote. “The court should make clear that [Trump] may not take away class members’ birthright under the auspices of these or any other executive actions.”
The Supreme Court did confirm four categories of children born on U.S. soil who would not automatically become citizens: the children of ambassadors, those born on foreign public ships, those born to enemies occupying American territory and members of Indian tribes. But its 6-3 decision left little room for additional exemptions.
Court precedent “indicated that the four exceptions were a closed set,” Justice Brett Kavanaugh wrote in a concurring opinion, “meaning that there can be no additional exceptions recognized based on subsequent circumstances or developments. And the decision has consistently been read that way.”
Chief Justice John Roberts’ majority opinion explained that the key determinant of citizenship was “fixed by the place of nativity, irrespective of parentage.”
The administration argues that the categories specified in Trump’s second executive order are acceptable exemptions from birthright citizenship under the legal interpretation presented by Roberts.
The president’s executive order is set to take effect on Sept. 6.
The ACLU argued in its motion to the court that none of those specified exemptions appear in the Constitution or federal citizenship law and seeks to block the order.
Brandon Clarke #15 of the Memphis Grizzlies runs up court against the Detroit Pistons in the second half of an NBA game at Little Caesars Arena on January 24, 2020 in Detroit, Michigan. (Dave Reginek/Getty Images)
(MEMPHIS, Tenn.) — Memphis Grizzlies player Brandon Clarke has died, the team confirmed on Tuesday. He was 29.
“We are heartbroken by the tragic loss of Brandon Clarke,” the team said in a statement on social media. “Brandon was an outstanding teammate and an even better person whose impact on the organization and the great Memphis community will not be forgotten.”
The circumstances surrounding his death are not known at this time.
The Canadian-American forward began playing in the NBA in 2019. He was selected in the first round of the 2019 NBA draft by the Oklahoma City Thunder and immediately traded to Memphis.
He was named to the NBA’s All-Rookie First Team in his rookie season.
“As one of the longest-tenured members of the Grizzlies, Brandon was a beloved teammate and leader who played the game with enormous passion and grit,” NBA Commissioner Adam Silver said in a statement. “Our thoughts and sympathies are with Brandon’s family, friends and the Grizzlies organization.”
This is a developing story. Please check back for updates.
Austin Metcalf in a family provided photo. (Metcalf Family)
(FRISCO, Texas) — A Texas judge is hearing arguments Thursday on whether Karmelo Anthony should get a new trial, two months after a jury convicted and sentenced him to 35 years in prison for fatally stabbing a fellow student at a high school track meet.
The hearing comes a day after the Collin County judge who presided over the murder trial was removed from further proceedings in the case.
Prosecutors called the deadly stabbing “unjustified” and “plain and simple murder,” while the defense argued that Anthony acted in self-defense when he stabbed 17-year-old Austin Metcalf at a track meet in Frisco in April 2025.
After hearing four days of testimony, a Collin County jury found Anthony, 19, guilty of murder following three hours of deliberation on June 9. The same jury sentenced him to 35 years in prison after several more hours of deliberation.
Anthony’s attorneys claimed in a motion seeking a new trial that the teen was “coerced” into waiving his right to testify, stemming from a purported dispute between defense attorneys and prosecutors about whether his testimony would be covered by an agreement limiting some character evidence in the trial. Defense attorneys alleged this denied him a “complete defense.”
The defense also alleged that Collin County Judge John Roach improperly instructed the jury and that his courtroom restrictions, which limited public access to the proceedings, denied Anthony a fair trial.
In a statement to ABC Dallas affiliate WFAA ahead of this week’s hearings, Collin County First Assistant District Attorney Bill Wirskye said Anthony’s new, post-trial attorneys “filed a motion containing several inaccurate characterizations of the trial proceedings.”
“I and the entire prosecution team conducted this trial ethically and in full compliance with the Court’s ruling and any agreements with defense counsel,” Wirskye added.
In opening remarks during Thursday’s hearing, defense attorney Russell Wilson said Anthony decided not to testify because he believed the prosecution would not adhere to the agreement not to question him about his past behavior, beyond what happened during the confrontation at the track meet, WFAA reported.
Wirskye, meanwhile, said he offered the agreement to “stay away from historical character and stick to the facts — what happened under the tent” in order to “keep the peace” amid what he said was intense public vitriol over the case that led to threats against both sides, WFAA reported. He said the trial defense attorneys agreed to it, and that the “agreement was held.”
Wirskye also pushed back on defense claims that Anthony had insufficient time to decide whether to testify and noted that prosecutors wanted him to take the stand, saying, “There’s nothing better in my business than a testifying defendant,” WFAA reported.
The hearing is ongoing, with the defense so far calling Derrick Jackson, the former Collin County public information officer, to discuss the courtroom protocols, and Mike Howard, one of Anthony’s trial attorneys.
A new judge is presiding over Thursday’s hearing, after Judge Sid Harle granted the defense’s motion to recuse Roach from any further matters in the Anthony case.
In his order issued Wednesday, Harle wrote that there were grounds for recusal “in that the evidence adduced at the hearing is such that the respondent judge’s impartiality might reasonably be questioned.”
Retired Kaufman County District Judge Michael Chitty has been assigned to oversee the case.
In the defense motion seeking to recuse the trial judge from the post-trial proceedings, Anthony’s attorneys questioned both Roach’s impartiality in the case and his courtroom restrictions.
The motion cited what it called “problematic comments” Roach made during an interview following the verdict, in which it said the judge “endorsed the jury’s guilty verdict” and defended his courtroom restrictions. It also pointed to a public letter Roach released following the trial, in which he stated that those who worked on the case “contributed to ensuring the process was conducted fairly.”
Anthony’s attorneys said Wednesday that they are “pleased” with Harle’s decision to recuse Roach and “look forward to presenting the merits of Karmelo’s motion for a new trial to a fair and independent judge.”
Ahead of the high-profile trial, Roach imposed a gag order and barred any electronics from the courtroom during the proceedings due to the attention the case had garnered.
“Due to the significant public and media interest in this case, the Court finds that specific procedures are necessary to ensure the Defendant’s right to a fair and impartial trial, the orderly administration of justice, the safety and security of all participants, and reasonable public access consistent with constitutional requirements,” Roach wrote in a May order.
On Wednesday, Chitty ordered that the trial procedures will remain in effect at this time for future proceedings in the case.
A teleprompter is in front of U.S. President Donald Trump as he speaks during a campaign rally at the Grand Sierra Resort on October 11, 2024 in Reno, Nevada. (Justin Sullivan/Getty Images)
(WASHINGTON) — When President Donald Trump approached the podium to deliver his State of the Union address in February, one of the few people who knew what he was about to say was allegedly setting himself up to profit from the president’s words.
Trump’s longtime teleprompter operator is believed to have made tens of thousands of dollars by placing bets on that speech and more than a dozen others on the prediction market Kalshi, federal investigators with the Commodity Futures Trading Commission found, sources familiar with the matter told ABC News.
Gabriel Perez, a technical assistant to the president who has been operating Trump’s teleprompter since 2016, is in talks with federal regulators to settle allegations he used his inside knowledge of the president’s speeches to win more than $100,000, the sources said.
According to the sources, Kalshi alerted its regulator, the Commodity Futures Trading Commission (CFTC), to the suspicious activity on its “Mentions” market, where users can bet on whether specific words, phrases or topics are uttered during a public speech.
“Our surveillance team promptly flagged and referred these trades to the CFTC, and we are cooperating and assisting regulators,” Kalshi’s lead lawyer, Bobby DeNault, said in a statement provided to ABC News.
“The White House has strict ethics guidelines that we expect all staffers and officials to follow,” said White House spokesperson Davis Ingle when contacted by ABC News. “The staffer in question is fully cooperating with the CFTC.”
A spokesperson for the CFTC declined to comment.
In addition to the State of the Union, sources said CFTC investigators discovered that Perez placed bets on more than a dozen Trump speeches over a three-month period, including a December primetime address, a January speech at the World Economic Forum in Davos, Switzerland, and Trump’s remarks in March during a Medal of Honor ceremony.
Later in March, the White House issued an internal memo warning staff against using nonpublic information to place bets on prediction markets, sources previously confirmed to ABC News.
Perez continues to serve as one of Trump’s teleprompter operators — a role he has served since Trump’s first presidential campaign.
Of all Trump’s closest aides, sources say Perez typically has the final eyes on nearly all of the president’s prepared remarks — and is often known to take last-minute edits from Trump himself. He previously came under scrutiny by congressional and federal investigators over the edits that were made prior to the delivery of Trump’s remarks surrounding the Jan. 6, 2021, attack on the U.S. Capitol.
Trump is known to frequently deviate from his prepared remarks, as he himself often acknowledges.
“You know, when you go up here, you take a big chance, especially me because I go off teleprompter about 80% of the time,” Trump said during remarks in January to the Detroit Economic Club, another speech federal investigators believe was among those Perez betted on.
In certain instances, investigators uncovered times when Perez would back out of certain bets mid-speech when Trump skipped over a portion of the speech that included a word he had previously bet would be mentioned, the sources said.
According to sources familiar with the investigation, Perez sat for an interview with regulators in recent months and acknowledged some of the trades. At some point during the investigation, the sources said the CFTC alerted federal prosecutors in Manhattan, who declined to open a criminal investigation.
Regulators at the CFTC have expressed a willingness to settle with Perez, and have discussed terms with him that would require Perez to give back his profits and refrain from making similar trades, according to sources familiar with the ongoing discussions.
Kalshi has a policy against users placing bets based on information obtained as part of their jobs.
Last month, the company updated its policies to require users to disclose their place of employment.
“If you have information by virtue of your job or your employment, something that you have a legal duty surrounding, and you have an obligation not to take that, misappropriate it for yourself,” DeNault told ABC News in May.
The Department of Justice in recent months brought the two first cases of insider trading on prediction markets, involving a special forces soldier who allegedly bet on the capture of Venezuelan President Nicolás Maduro, and, separately, a Google employee who allegedly bet on user searches using internal company data. Both pleaded not guilty.
President Trump has occasionally criticized prediction markets, but said in April that he supports them because the United States could be “left out in the cold” if the country does not allow companies like Kalshi and Polymarket to operate.
“Well the whole world, unfortunately, has become somewhat of a casino, and you look at what’s going on all over the world in Europe and every place they’re doing these betting things. I was never much in favor of it. I don’t like it conceptually, but it is what it is,” Trump told reporters.
Last October, Trump’s social media company, Trump Media and Technology Group, announced it was looking into launching its own prediction market offering.
