Following Hunter Biden pardon, prosecutors push back against criticism of case
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(LOS ANGELES) — Less than 24 hours after President Joe Biden pardoned his son Hunter Biden and criticized his prosecution as a “miscarriage of justice,” prosecutors in special counsel David Weiss’ office defended the integrity of their work in a court filing and fiercely rebutted the president’s allegation that their charges were motivated by politics.
“In total, eleven different [federal] judges appointed by six different presidents, including his father, considered and rejected the defendant’s claims, including his claims for selective and vindictive prosecution,” wrote prosecutor Leo Wise in a ten-page filing Monday.
President Biden on Sunday issued a blanket pardoned to his son, who earlier this year was convicted earlier on federal gun charges and pleaded guilty to tax-related charges, and was due to be sentenced in both cases later this month.
In Monday’s filing, prosecutors urged the federal judge overseeing Hunter Biden’s tax case in California not to dismiss his indictment, and instead close the docket — which would allow the record to continue to exist.
“The government does not challenge that the defendant has been the recipient of an act of mercy. But that does not mean the grand jury’s decision to charge him, based on a finding of probable cause, should be wiped away as if it never occurred,” Wise wrote. “It also does not mean that his charges should be wiped away because the defendant falsely claimed that the charges were the result of some improper motive.”
Mark Osler, an expert in presidential pardons at the University of St. Thomas, said Weiss’ overture raises “a technical issue — either way, the case goes away — but an important one.”
“[Prosecutors] want the indictment to remain on the record,” he told ABC News.
Without directly addressing President Biden’s criticism of the case as selective and unfair, the filing highlighted how Hunter Biden’s lawyers made “every conceivable argument” to dismiss the case and failed to provide evidence that prosecution was vindictive.
“The court similarly found his vindictive prosecution claims unmoored from any evidence or even a coherent theory as to vindictiveness,” the filing said. “And there was none and never has been any evidence of vindictive or selective prosecution in this case. The defendant made similar baseless accusations in the United States District Court for the District of Delaware. Those claims were also rejected.”
Police shared this photo of Matthew Livelsberger during a press conference.
(LAS VEGAS) — Police are poring over what they believe are letters left by Matthew Livelsberger — the driver of the Tesla Cybertruck that exploded on New Year’s Day outside the Trump International Las Vegas Hotel — on a phone in the destroyed vehicle, authorities said Friday.
Livelsberger shared personal and political “grievances” in the recovered messages and called the attack a “wake up call,” police said.
“I know everyone is very eager to try to understand and be able to explain what happened,” Las Vegas Assistant Sheriff Dori Koren said during a press briefing on Friday. “We still have a large volume of data to go through, a lot of content to go through.”
Livelsberger, an active-duty Army soldier, said the country was being led by the “weak” and those out to “enrich themselves,” while also claiming the incident was not meant as a terrorist attack, according to excerpts of the two letters shared by the Las Vegas Metropolitan Police Department.
The department released the two letters to the public following the press briefing.
“You’ll see that he actually calls it a stunt, in one of these documents that we’re going to release to you, that he was trying to get the attention of the American people because he was upset about a number of different things,” Sheriff Kevin McMahill of the Las Vegas Metropolitan Police Department said during Friday’s briefing when asked about the suspect’s political views. “But I’ll let those writings speak for themselves.”
In one of the letters police say were found on his phone, Livelsberger expressed support for Donald Trump and the president-elect’s allies, Elon Musk and Robert F. Kennedy Jr. He also expressed disdain for diversity, equity and inclusion initiatives and income inequality and expressed a concern about homelessness, according to the letters.
Livelsberger died from a self-inflicted gunshot wound prior to the blast, the Clark County coroner confirmed Thursday evening. No one else was seriously hurt, though seven bystanders sustained minor injuries, officials said.
The evidence shows Livelsberger “thoughtfully prepared” and acted alone in the incident, Spencer Evans, special agent in charge for the FBI’s Las Vegas division, said during Friday’s press briefing. Livelsberger was not on the FBI’s radar prior to the incident, Evans said.
“Although this incident is more public and more sensational than usual, it ultimately appears to be a tragic case of suicide involving a heavily decorated combat veteran who was struggling with PTSD and other issues,” Evans said.
Authorities are also looking into a letter purportedly sent by Livelsberger and shared by the military-themed “Shawn Ryan Show” podcast on Friday. That information was sent to the FBI following the attack, Evans confirmed.
“We still have not conclusively determined that that’s from the subject, but feel confident, based on evidence that we’re uncovering on his devices, that that was, in fact, from Livelsberger,” Evans said.
In the Cybertruck, officials found credit and identification cards in Livelsberger’s name, evidence he owned the weapons found in the destroyed vehicle and identified tattoos that appeared to match Livelsberger’s body, however, severe physical injuries slowed the identification process.
The Clark County coroner ultimately identified Livelsberger — of Colorado Springs, Colorado — as the driver on Thursday. His cause of death was a self-inflicted intraoral gunshot wound.
Livelsberger was found with a gun at his feet. Two firearms — one handgun and one rifle — were found in the vehicle “burnt beyond recognition,” McMahill said.
Both weapons were purchased legally on Monday, he added.
Two phones were recovered from the vehicle, including one containing the two letters, Koren said. Investigators have been unable to access the other phone at this time, he said.
It is unclear why Livelsberger chose a Tesla or the route he took, authorities said Friday.
Livelsberger rented the Tesla vehicle on Saturday in Denver via the Turo app, before driving to Las Vegas through cities in Colorado, New Mexico and Arizona. His progress was tracked through Tesla charging stations, officials said.
The vehicle first pulled into the Trump International Las Vegas Hotel valet area just after 7:30 a.m. Wednesday, officials said. It then left the area, driving along Las Vegas Boulevard, before returning to the valet area at about 8:39 a.m., exploding 17 seconds after its arrival.
Livelsberger served as a Green Beret in the Army and was on approved leave from serving in Germany at the time of his death, a U.S. Army spokesperson said Thursday.
He received extensive decorations in combat, including the Bronze Star with a “V” device for valor, indicating heroism under fire. Livelsberger received four more standard Bronze Star medals, according to Army records. He also earned the Afghanistan Campaign Medal with three stars. Each star represents service in a separate campaign in Afghanistan.
Livelsberger had been receiving mental health assistance over the last year, a U.S. official confirmed Friday.
Another U.S. official confirmed that officials thought Livelsberger was stable enough to go home for Christmas and his leave was approved.
The Department of Defense has turned over Livelsberger’s medical records to local law enforcement, Pentagon press secretary Sabrina Singh told reporters during a briefing on Friday.
“I just don’t have more details to share,” she added, when asked about reporting from CNN that the suspect had been diagnosed with depression last year.
Singh noted that service members are encouraged to seek help with any mental health issues.
The Las Vegas incident is not believed to have any direct connection to the New Year’s Day truck attack in New Orleans that killed 14 people — as well as the suspect — and injured 35 others, according to the FBI. The truck used in the New Orleans attack was also rented using the Turo app, officials said.
Evans reiterated Friday that there is no evidence that the two events are connected, saying there are “coincidental similarities” between them — including that both drivers were in the military, rented vehicles through the same service and stayed in an Airbnb.
There is no evidence at this time that the two drivers had any overlap even though both served in Afghanistan, Singh also said Friday.
Livelsberger was a supporter of Trump, an official briefed on the probe told ABC News. His wife, who investigators spoke to in Colorado Springs, said he had been out of the house since around Christmas after a dispute over allegations of infidelity, the official said.
His wife told officials she did not believe Livelsberger would want to hurt anyone, the official told ABC News.
Livelsberger is believed to have told the person he rented the truck from that he was going camping at the Grand Canyon, the official told ABC News.
Investigators are still looking to determine how the items in the truck were detonated, but with the contents of the vehicle so badly burned, it may be a slow process, according to the official.
The sheriff said Musk, Tesla’s CEO, helped the investigation by having the truck unlocked after it auto-locked in the blast and by giving investigators video of the suspect at charging stations along its route from Colorado to Las Vegas.
McMahill said police believe the explosion was an “isolated incident” and that “there is no further threat to the community.”
Video played at Thursday’s Las Vegas news conference showed a load of fireworks-style mortars, gasoline cans and camping fuel canisters in the back of the truck.
If you are struggling with thoughts of suicide or worried about a friend or loved one, call or text the Suicide & Crisis Lifeline at 988 for free, confidential emotional support 24 hours a day, seven days a week.
(ATLANTA) — A comprehensive audit of Georgia’s voter rolls found that just 20 noncitizens were registered to vote on a registration list of over 8 million, according to an announcement Wednesday from Georgia Secretary of State Brad Raffensperger.
All 20 of those registrations have been canceled and referred to the authorities for investigation and potential prosecution, Raffensperger said.
An additional 156 registrations were flagged for a “human investigation” that is now underway.
“Georgia has the cleanest voter list in the entire country,” Raffensperger, a Republican, said of the audit. “Georgia can trust in their elections.”
The result of the audit stands in stark contrast to claims being pushed by some Republicans, including former President Donald Trump, that large numbers of noncitizens are going to vote in the 2024 election.
“Our elections are bad,” Trump said at last month’s ABC News presidential debate as part of his criticism of Democrats. “And a lot of these illegal immigrants coming in, they’re trying to get them to vote. They can’t even speak English, they don’t know even know what country they’re in practically, and these people are trying to get them to vote, and that’s why they’re allowing them to come into our country.”
Gabriel Sterling, the COO for the Georgia secretary of state’s office, pushed back on people promoting those claims.
“One of the reasons the secretary ordered this noncitizenship audit is to prove to people that — while there are ways that some can potentially get on — it is increasingly rare,” Sterling said Wednesday. “There is no proof that there is this overwhelming number of noncitizens on the rolls.”
The 20 noncitizens found on the voter rolls were located across seven different counties, Sterling said. They were found in part because they had signed affidavits attesting that they were not citizens in order to get out of jury duty.
Sterling said the 20 have been referred to local prosecutors, and that there are some instances “where they probably should be prosecuted, but that’s not our call.”
Sterling also forcefully pushed back on anyone claiming that voting machines are generating fraud in the election, saying there is “zero evidence of a machine flipping an individual’s vote.”
Sterling said they have seen situations where there are “elderly people whose hands shake and they probably hit the wrong button slightly, and they didn’t review their ballot properly before they printed it.”
He directly called out anyone suggesting otherwise, saying, “There is literally zero — and I’m saying this to certain congresspeople in the state — zero evidence of machines flipping votes. And that claim was a lie to 2020 election and it’s a lie now.”
(PENNSYLVANIA) — Luigi Mangione, the man accused of gunning down UnitedHealthcare CEO Brian Thompson, will waive extradition to New York when he appears in court in Pennsylvania on Thursday, his attorney said Wednesday.
The Pennsylvania judge must accept the waiver or go forward with a scheduled hearing Thursday morning immediately following a separate hearing on the local charges Mangione faces.
Assuming the extradition paperwork is in order, the NYPD would transport Mangione from Pennsylvania to New York. Mangione could be arraigned in New York as soon as Thursday.
“I’m ready to bring him back here and make sure justice is served,” New York Gov. Kathy Hochul said Wednesday.
A special edition of “20/20” airing Dec. 19 at 10 p.m. ET on ABC looks at the murder of UnitedHealthcare CEO Brian Thompson and the manhunt that led to the arrest of Luigi Mangione, who went from the Ivy League to alleged killer.
Mangione, 26, is accused of gunning down Thompson outside a Hilton hotel on Dec. 4 as the CEO headed to an investors conference. Prosecutors alleged Mangione waited nearly an hour for Thompson to arrive.
A Manhattan grand jury has upgraded charges against Mangione to include first-degree murder in furtherance of terrorism, prosecutors announced Tuesday.
The slaying in the heart of Midtown Manhattan unfolded as tourists, commuters and residents were on the streets and was “intended to evoke terror,” Manhattan District Attorney Alvin Bragg said.
In Pennsylvania, where Mangione was arrested on Dec. 9 after nearly one week on the run, he faces charges including allegedly possessing an untraceable ghost gun.
When Mangione was apprehended, he had a 9 mm handgun with a 3D-printed receiver, a homemade silencer, two ammunition magazines and live cartridges, prosecutors said.
Mangione is also charged in New York with: two counts of second-degree murder, one of which is charged as killing as an act of terrorism; two counts of criminal possession of a weapon in the second degree; four counts of criminal possession of a weapon in the third degree; one count of criminal possession of a weapon in the fourth degree; and one count of criminal possession of a forged instrument in the second degree.
Editor’s Note: This story has been updated to reflect that Mangione will waive extradition at Thursday’s hearing, according to his lawyer, but he has not yet waived extradition.
