Fulton County files motion seeking return of seized 2020 ballots, spokesperson says

(WASHINGTON) — The Justice Department’s failure this week to convince a grand jury to hand up an indictment against six members of Congress is the latest stumbling block faced by prosecutors as they seek to rebuke the administration’s perceived political opponents.

The U.S. attorney’s office in Washington, D.C., was unable to secure an indictment against six congressmembers after President Donald Trump called for them to be arrested and tried for posting a video on social media telling military service members that they could refuse illegal orders, sources said Tuesday.

Following a classified briefing on the deadly strikes on alleged drug boats in Latin America, Sen. Mark Kelly, Sen. Elissa Slotkin, Rep. Maggie Goodlander, Rep. Jason Crow, Rep. Chrissy Houlahan, and Rep. Chris DeLuzio, all former members of the military and intelligence community, posted a video in November telling current members that — per the Uniform Code of Military Justice — they should refuse to carry out unlawful orders.

“Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL,” Trump posted to social media in response to the video on Nov. 20.

Prosecutors under U.S. Attorney Jeanine Pirro sought to convince a grand jury to indict the six lawmakers, but the panel did not comply.

It is exceedingly rare for a grand jury to not indict after prosecutors have made their presentation. In fiscal year 2016, the most recent year for which figures are available from the DOJ’s Bureau of Justice Statistics, the DOJ sought federal charges against 69,451 felony defendants — and in only six cases did a grand jury return a vote of no bill, indicating a refusal to indict. 

Yet the current Justice Department has faced this outcome several times in recent months while attempting to prosecute perceived foes of the president’s agenda.

“This is pretty rare for a prosecutor to want an indictment and not get one,” University of Illinois Professor Andrew Leipold, an expert on the federal judiciary system, told ABC News. “The most obvious answer is that the government is being aggressive in prosecuting federal crimes, and grand juries are simply not in agreement.”

Vice President JD Vance has said that any such actions are “driven by law and not by politics.”

After a federal judge in November dismissed the cases the Justice Department had brought against former FBI Director James Comey and New York Attorney General Letitia James, the DOJ again sought an indictment of the New York AG.

The move came after U.S. District Judge Cameron McGowan Currie ruled that that the appointment of Trump’s handpicked interim U.S. attorney, Lindsey Halligan, was unconstitutional and that Halligan acted in an “unlawful” and “ineffective” manner when she brought charges of making false statements against Comey and mortgage fraud charges against James.

Ten days after Judge Cameron’s ruling, a federal grand jury in Norfolk, Virginia, refused to indict James on the same charges when the Justice Department attempted to refile the case, according to sources.

A second grand jury in the Eastern District of Virginia’s Alexandria branch then rejected the charges when the DOJ attempted to file the case for a third time. 

“This unprecedented rejection makes even clearer that this case should never have seen the light of day,” James’ attorney, Abbe Lowell, said in a statement.

Last August, D.C. prosecutors failed to secure an indictment against a man accused of throwing a sandwich at a Customs and Border Protection agent after video of the confrontation went viral and provoked an all-out public relations blitz from the White House and Justice Department touting his arrest and the federal assault charge against him.

Sean Charles Dunn was arrested on charges of allegedly throwing a Subway sandwich at a CBP agent who was patrolling with Metro Transit Police in northwest Washington on the night of Aug. 9, amid the Trump administration’s deployment of National Guard troops in the capital.

“You f—— fascists! Why are you here? I don’t want you in my city!” Dunn is alleged to have shouted at the CBP officer before allegedly throwing the sandwich, which struck the officer in the chest. 

Prosecutors similarly failed to convince a federal grand jury in D.C. to indict a woman who was accused by the government of assaulting an FBI agent during an inmate swap with U.S. Immigration and Customs Enforcement.

The U.S. attorney’s office was unable to secure an indictment against Sidney Reid despite making three separate attempts, according to court records.

ABC News’ Alexander Mallin and Katherine Faulders contributed to this report.

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(NEW YORK) — American travelers are sharing their stories of being stranded in the Middle East after the joint U.S.-Israel attack against Iran triggered retaliatory strikes, impacting at least 11 countries in the region.

President Donald Trump announced “major combat operations” against Iran on Saturday, with strikes targeting military and government sites. Iran has since responded with missile and drone attacks targeting Israel, regional U.S. bases in Gulf nations and American diplomatic facilities.

Shekinah Lee, who lives in Chicago, told ABC News she and her boyfriend had been traveling in the United Arab Emirates and are now trying to return home.

“I’m anxious, I’m scared, and I’m desperate to get home,” Lee said Tuesday morning.

According to Lee, she hasn’t been able to get any answers from her airline about flights back to the U.S.

“We’re not getting any support from our airline. We’ve been trying to get in contact with them but due to the volume of the situation, they’re not able to field calls, so none of our questions are getting answered,” Lee said.

In a statement Tuesday on social media, a spokesperson for the U.S. State Department said the agency is in touch with thousands of Americans abroad and working to secure flights to help.

“Yes, the State Department is actively securing military aircraft and charter flights for American citizens who wish to leave the Middle East,” Dylan Johnson, assistant secretary of state for global public affairs, wrote on X in response to a reporter’s question. “We’ve been in direct contact with nearly 3,000 Americans abroad. American citizens should call [the State Department] for assistance with departure options.”

The State Department also issued instructions for travelers abroad on its own social media account Monday, urging Americans to contact the State Department.

While Lee and her boyfriend wait for a flight out of Dubai, she said they had to stay overnight in their hotel parking garage until they could find further accommodation.

“The parking garage was packed with families from all over the world, just desperate to know what’s going on,” Lee said. “Right now, our priority is getting a flight out of here.”

American citizen Alyssa Ramos is using social media to document her struggles returning to the U.S. Ramos shared on Instagram that she and a group of friends paid $1,200 for a nearly eight-hour journey over the land border from Kuwait City to Riyadh, Saudi Arabia.

On Tuesday, Ramos said in an Instagram story that her plane from Riyadh never left the airport.

“I’ve never been more happy and also more scared to be on a plane,” Ramos wrote in part. “There were attacks here in Riyadh earlier today and they usually strike more at night … please keep sending your positive energy and protective thoughts.”

The State Department is urging Americans to exercise caution worldwide “following the launch of U.S. combat operations in Iran.”

“Americans worldwide and especially in the Middle East should follow the guidance in the latest security alerts issued by the nearest U.S. embassy or consulate. They may experience travel disruptions due to periodic airspace closures,” the department advised.

For the United Arab Emirates, the State Department has set a level 3 travel advisory, ordered the “departure of non-emergency U.S. government personnel and family members of government personnel on March 2,” and is advising Americans to reconsider travel to the country “due to the threat of armed conflict and terrorism.”

The State Department has similar warnings for Americans in at least five other Middle Eastern countries.

In Beirut, Lebanon, drone strikes have been continuing in the capital city, according to Samer Bawab, an American citizen living in the city.

“I haven’t been able to sleep very well within the last three days, only a few hours per night,” Bawab told ABC News. “That’s because we’re getting awoken in the middle of the night sometimes by loud explosions and being caught off guard.”

Former Team USA basketball player Destiny Littleton said in an interview that aired Monday on “Good Morning America” that she is in Israel where she plays professionally.

Littleton said she could “hear the interceptor missiles … blow up the missiles coming towards us and that was very scary,” adding, “We’re in survival mode.”

American Kristy Ellmer told ABC News that she and her partner Matt Carwell were in Dubai on vacation when the strikes against Iran began. She said they’re uncertain when they will be able to return home to New Hampshire.

“It was definitely very destabilizing … you could actually feel it and you could hear it,” Ellmer said of the explosions.

The State Department recommends Americans check each country’s Travel Information Page for developing details and entry requirements and enroll in the Smart Traveler Enrollment Program, or STEP, for safety updates and information on how to get help in an emergency.

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(WASHINGTON) — The National Transportation Safety Board on Tuesday presented a cockpit visual simulation demonstrating what contributed to the deadly mid-air collision between an Army helicopter and an American Airlines jet near Washington, D.C., last year.

The simulation indicates it was very difficult for both aircraft to see each other before the January 2025 crash that occurred as the jet was landing at Ronald Reagan National Airport, killing 67 people, according to the NTSB.

The first video shows the last three minutes before the collision from the viewpoint of the right seat of the helicopter. 

Around 8:46:15, a magenta circle with a label “Flight 5342” appears just above the horizon on the right side of the upper portion of the screen.  The label “Flight 5342” fades out about 8:46:35. The magenta circle tracks the lights of Flight 5342 and remains visible until the airplane becomes visually recognizable about a minute later.

 After a Traffic Alert and Collision Avoidance System warning indicated in the transcript, the local controller on the ATC recording is heard asking the pilots if they have the CRJ (Flight 5342) in sight and the pilots confirm they do. It remains unclear what they thought they had in sight. There was only one controller working both the helicopter and plane traffic, the NTSB said.

 The simulation screen goes black at the moment of the collision. 

The second animation shows the viewpoint of pilots from Flight 5342 as the plane approaches the runway to land. According to the cockpit voice recorder transcript shared by the NTSB, the last words about one second before the crash from both the first officer and the captain were “oh” and “ohhh ohhhh” as the animation shows the helicopter colliding with the plane. 

About 90% of wreckage from both aircraft was recovered by the NTSB.  

A third animation shows what the local controller from the DCA tower saw at the time of the crash as they were handling the air traffic and issuing instructions. Based on the recordings, the NTSB said Flight 5342 was not warned by the controller of the nearby helicopter at any point. A conflict alert came 26 seconds before the collision between the two aircraft as they were 1.6 miles apart, according to the NTSB. 

According to the NTSB, the local tower said they were concerned about the close proximity of the helicopter and Flight 5342. 

“This coupled with the conflict alert that was active at the time, the controller should have issued a safety alert, which would have included updated traffic advisory information and an alternate course of action if feasible, neither were done. In this case, had a safety alert been issued, it would have increased the situation awareness of both crews and alerted them of their closing proximity to one another. Additionally, a timely safety alert may have allowed action to be taken by one or both crews to avoid avert the collision,” NTSB investigator Brian Soper said at the hearing.

NTSB Chair Jennifer Homendy also said that a $400 GPS device known as ADSB-In could have prevented the DCA crash. The NTSB has recommended ADSB-In be required in aircraft 17 times since 2006, but the FAA has repeatedly disregarded the recommendation, she said.

The system would have alerted the American Airlines crew 59 seconds before the crash that they were going to collide, and the helicopter crew would have been alerted 48 seconds before the crash, the NTSB chair said. The Army has since installed the system.

DCA controller overwhelmed

The controller working the night of the crash was handling both helicopter and plane traffic and had been doing so for four hours, NTSB investigators said.

A human behavior investigator said the controller’s mental awareness had diminished over time. He should have given a definitive warning of the impending collision and he should have given clear avoidance instructions, the investigator said.

NTSB investigators said the last communication between the helicopter and the controller where they asked the pilot if they have the AA5342 in sight was “not a safety alert by definition, but it was an attempt to de-conflict.” 

Ninety seconds before the collision, the local controller working in the tower became overwhelmed as he was handling aircraft both on ground and in the air. On the night of the collision, the controller was working two controller positions. This is a routine practice which is usually done later at night when the aircraft volume goes down. 

The NTSB said, “keeping the local control and helicopter control positions combined on the night of the accident, increased the local controller’s workload and reduced his situation awareness.”

Investigators said the controller could have asked for the positions to be decombined because of being overwhelmed, but it would have taken at least a couple of minutes before anyone else could take over. Additionally, the assistant local controller and the supervisor overseeing operations at the time could have served as an extra set of eyes to help the local controller.

However, Homendy revealed that at the time, the assistant controller was writing down information on helicopters and the supervisor did not exhibit situational awareness as they learned during the interview that the supervisor only recalled one helicopter in the area at the time when there were five.

Following the crash, the NTSB issued recommendations for better training to be provided for controllers so they can recognize safety issues and threats in the environment.

NTSB chair’s concerns

Ahead of Tuesday’s hearing, Chair Homendy said she fears that some of the agency’s safety recommendations, which will be issued at the conclusion of the hearing, may once again go unimplemented. 

“Of course I’m concerned. We have 300 aviation recommendations that still haven’t been implemented. Those recommendations were issued because somebody died or was injured, and they have not been implemented yet. So here we are again,” Homendy told ABC News.

“So yes, at the end of this, I am concerned that we’re going to issue recommendations and that they won’t be implemented,” Homendy said. “I can tell you, and anyone who knows me knows I vigorously advocate for the implementation of our recommendations. I don’t care when it is. Could be 50 years later, as I did with positive train control, and I will not hold back on these.” 

At Tuesday’s hearing, NTSB investigators will present their investigative findings to board members and the public. NTSB board members, including Homendy, will then question investigators and the parties to the investigation. 

At the end of the hearing, the board members will vote on the probable cause of the crash and the agency’s safety recommendations. The NTSB can only make recommendations and does not have the authority to enforce them, therefore they are not always adopted.

Though a formal final report will be released two weeks after the hearing, this hearing will mark the end of what Homendy described as “one of the most complex investigations” conducted by the agency, which they had aimed to conclude by the first anniversary of the mid-air collision. 

Homendy told ABC News the investigation “was not easy and it was definitely not straightforward.” 

“We will start in one direction and then take it in a different direction, depending on what we’re finding, and then we’ll exclude things that didn’t have anything to do with the investigation. But we have to do our due diligence to make sure that we’re tracking all of that down, all that evidence to support that it wasn’t a factor, while also looking at the issues that were,” Homendy said. 

Homendy said the helicopter altimeter discrepancy is what surprised her the most in this investigation. 

“The altimeters I did not see coming, that we would have some problems with how the altimeters were reading,” Homendy said.

During last year’s three-day investigative hearing, investigators said they found discrepancies in the altitude data shown on radio and barometric altimeters on Army helicopters after conducting test flights following January’s accident.

It is likely that the helicopter crew did not know their true altitude due to notoriously faulty altimeters inside this series of Black Hawks, according to the investigation. At their closest points, helicopters and planes flew within 75 feet of each other near DCA, an astonishingly close number. During the hearings, the NTSB was told Army Black Hawks can often have wrong readings and a margin of error of +-200 feet.

Another key focus of Tuesday’s hearing is the close proximity of the helicopter route to the runways at Reagan National Airport. According to the NTSB, which cited FAA surveillance data, there were over 15,000 close-proximity events between helicopters and commercial aircraft at DCA between October 2021 and December 2024. 

Homendy said warnings about the close proximity were raised by people, but they were ignored. 

“Years ago, that hot spot was identified and [people] repeatedly tried to say that the helicopter route needed to be moved, and nobody listened. It was like the ultimate in government bureaucracy,” Homendy said. 

“They were completely ignored. Told it couldn’t be done, not responded to, said it would probably be too political. Those are quotes from our interviews, but they went nowhere.” 

At last year’s hearing, FAA officials cited “bureaucratic process” as a deterrent to addressing these issues.

Other topics expected to be discussed include the approval of helicopter routes near DCA,  the experience level of the air traffic controllers working in the tower at the time of the crash, the visibility study, and the testing of the barometric altimeters.  

When asked what stays with her from this investigation, Homendy pointed to a personal item recovered with the wreckage. 

“In the hangar, we had the Black Hawk laid out. We had the wreckage laid out for 5342 and on the side next to 5342 there were some personal effects, and a lot of people mentioned different things, but every time I passed, there was a brown teddy bear, just eight inches maybe, and it was muddy and dried mud, dried water, and I just kept looking at the teddy bear, and that’s the thing that sticks with me,” Homendy said. 

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