Idaho college killings to remain a death penalty case
Moscow, Idaho (Shunyu Fan/Getty Images)
(LOS ANGELES) – The judge overseeing Bryan Kohberger’s murder case has ruled the death penalty will remain on the table as the case moves forward, rejecting a request from Kohberger’s defense attorneys.
In June 2023, prosecutors announced they intended to seek the death penalty against the onetime Ph.D. student accused of fatally stabbing four University of Idaho students — Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20 — in November 2022.
This September, lawyers for Kohberger made a sweeping play to get capital punishment tossed out, arguing — in hundreds of pages of court filings — that Kohberger’s life should not be on the line because, among other things, the death penalty would violate his constitutional rights as well as contemporary standards of decency.
However, in a lengthy filing Wednesday, Judge Steven Hippler ruled against all twelve of Kohberger’s motions challenging various aspects of Idaho’s capital punishment scheme.
In his 55-page decision Judge Hippler “concludes relief in [Kohberger’s] favor is not warranted on any of the motions.”
Among other things, defense attorneys had argued that the death penalty is out of step with current social mores. However, the judge ruled “there is no basis to depart from settled law upholding Idaho’s death penalty statute as constitutional,” and it remains “consistent with contemporary standards of decency.”
Defense attorneys also argued that capital punishment should be stricken in this case on the basis of execution methods — specifically, citing the shortage of lethal injection drugs, and arguing that firing squad executions which, last year, became legal in Idaho are “cruel and unusual.” And, they argued, letting their client wait on death row without knowing “how he will be executed” is itself an “unconstitutional” form of torment.
But the judge again disagreed — siding with prosecutors that that argument “is not ripe” for discussion, because Kohberger hasn’t been convicted yet. And, the judge continued, even if it were appropriate to address now, both the firing squad and lethal injection have been found constitutional and are allowed in the state.
The judge also ruled against each of the defense’s attempts to strike the aggravating factors prosecutors had found, which made Kohberger eligible for the death penalty.
Kohberger was arrested following a six-week manhunt in December 2022.
A criminology student at nearby Washington State University at the time of the crime, Kohberger was charged with four counts of first-degree murder and one count of burglary.
(WASHINGTON) — U.S. Attorney General Merrick Garland intends to publicly release the portion of special counsel Jack Smith’s final report related to his federal election interference case against Donald Trump, according to a court filing Wednesday.
U.S. District Judge Aileen Cannon, who dismissed Trump’s classified documents case, on Tuesday temporarily blocked the release of Smith’s final report in order to prevent “irreparable harm,” while the matter is considered by the Eleventh Circuit Court of Appeals.
Prosecutors in Wednesday’s filing argued that Garland has the “inherent” authority to release the report, and they asked the Eleventh Circuit to vacate Judge Aileen’s Cannon’s order and deny the request from Trump’s former co-defendants Walt Nauta and staffer Carlos De Oliveira to block the release of the report.
While defense attorneys had sought to block the release of the Volume One of the report related to the classified documents case — and not Volume Two, which covers Trump’s election interference case — Judge Cannon’s order referred only to the “final report,” and not the two volumes within, suggesting that the entire report was blocked from release.
Prosecutors, in Wednesday’s filing, said, “The Attorney General intends to release Volume One to Congress and the public consistent with 28 C.F.R. § 600.9(c) and in furtherance of the public interest in informing a co-equal branch and the public regarding this significant matter.”
Garland does not intend to publicly release the report related to the classified documents case at this point, according to the filing, though the volume will be available to the ranking members and chairs of the House and Senate Judiciary committees.
Trump pleaded not guilty in June 2023 to 37 criminal counts related to his handling of classified materials, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information ranging from U.S. nuclear secrets to the nation’s defense capabilities, and took steps to thwart the government’s efforts to get the documents back.
The former president, along with longtime aide Nauta and staffer De Oliveira, also pleaded not guilty in a superseding indictment to allegedly attempting to delete surveillance footage at Trump’s Mar-a-Lago estate.
Smith has been winding down his cases against the president-elect due to a longstanding Department of Justice policy prohibiting the prosecution of a sitting president.
(WHARTON, N.J.) — A sinkhole on a northern New Jersey interstate that’s closed eastbound traffic for over 24 hours was caused by a collapse of abandoned mineshaft, officials said.
Interstate 80 eastbound in Wharton is closed and will stay closed until further notice as sinkhole repairs continue, the New Jersey Department of Transportation said on Friday.
Crews responded to the 40-foot by 40-foot sinkhole on Thursday morning.
The area has been stabilized and excavation work started Thursday night, according to the Department of Transportation.
Officials aren’t saying when the interstate will reopen because of the weather and the “extensive nature of the repairs,” the department said.
(NEW YORK) — Across hours of podcast and television interviews, Army veteran and Fox News host Pete Hegseth has articulated his plan for a “frontal assault” to reform the Department of Defense from the top down, including by purging “woke” generals, limiting women from some combat roles, eliminating diversity goals and utilizing the “real threat of violence” to reassert the United States as a global power.
As President-elect Donald Trump’s nominee for the Secretary of Defense, Hegseth, 44, could have the chance to implement that vision, commanding the country’s more than a million active duty soldiers.
An infantry officer in the U.S. Army National Guard, Hegseth deployed to Guantanamo Bay, Iraq and Afghanistan before leaving the service with the rank of major, according to military records. Hegseth has worked for Fox News since 2014, where he co-hosts “FOX & Friends Weekend.” Once a critic of Trump’s foreign policy and military stances during Trump’s 2016 campaign, Hegseth grew to become one of Trump’s fiercest on-air defenders.
“Pete is tough, smart and a true believer in America First. With Pete at the helm, America’s enemies are on notice – Our Military will be Great Again, and America will Never Back Down,” Trump said announcing the nomination.
A New York Times best-selling author, Hegseth has frequently commented on military policy and suggested one of his first orders of business would be firing any generals who supported the Pentagon’s diversity, equity, and inclusion efforts.
“First of all, you got to fire the Chairman Joint of the Chiefs and obviously going to bring in a new Secretary of Defense, but any general that was involved — general, admiral, whatever — that was involved in, any of the DEI woke s—, has got to go,” Hegseth said during a recent interview on the “Shawn Ryan Show” podcast. “Either you’re in for warfighting, and that’s it. That’s the only litmus test we care about.”
Hegseth had preemptively defended the move, saying it would be a return to normalcy for soldiers rather than a “MAGA takeover.”
While Hegseth has described countries like Russia and China as threats, he has framed the military’s biggest threat as an internal one, arguing that “wokeness” divided the military internally and created an issue that adversaries can exploit.
“I think our biggest threat is internal. I think we’re committing cultural suicide, and we’ve lost complete focus on the basics and building blocks of what made Western civilization in America exceptional, fruitful, prosperous, strong, free,” Hegseth said on the podcast.
Hegseth has proposed a wholesale purge of military officials who have supported DEI policies, urging a “frontal assault right back at what’s been done to this military from the top and to the bottom.”
“The dumbest phrase on planet Earth in the military is our diversity is our strength,” Hegseth said on the podcast, arguing that uniformity between soldiers is a key to the military’s strength.
“Every time I hear a military leader say [diversity is our strength], I throw up in my mouth a little bit more, because if they believe it, it shows you how sideways and how indoctrinated they are,” Hegseth said on “The Right Take With Mark Tapson” podcast.
While 17.5% of active-duty military personnel are women, Hegseth has argued that military leaders should acknowledge that their main constituency is “strong, normal men,” rebuffing efforts to diversify the ranks of the armed services.
“There aren’t enough lesbians in San Francisco to staff the 82nd Airborne like you need, you need the boys in Kentucky and Texas and North Carolina and Wisconsin,” Hegseth said on Tapson’s podcast earlier this year.
Hegseth was on the “Take It Outside with Jay Cutler and Sam Mackey” podcast and said that transgender soldiers are “not deployable” because they are “reliant on chemicals” and suggested that women should not serve in certain combat roles.
“Everything about men and women serving together makes the situation more complicated, and complication in combat means casualties are worse,” Hegseth said on Ryan’s podcast, arguing that men are “more capable” in combat roles because of biological factors.
An ardent defender of the president-elect, Hegseth has argued that the United States military under Trump was more effective by posing both “uncertainty” and the “real threat of violence.”
“At least under Trump, there were missiles falling on terrorists’ heads,” Hegseth said on the “Man of War” podcast with Rafa Conde. “They knew he meant business. Kim Jong Un, even though it didn’t work, knew Trump meant business. Fire and fury was a real thing. Uncertainty is a real thing. The real threat of violence is a real thing, and none of that exists under these globalists who think they can sanction their way.”
He has also criticized international institutions like the United Nations as a “farce” and “giant joke” while advocating a military policy that aims to end long-term conflicts through decisive action.
“We expect this clinically sanitized, you know, no civilian casualties. Everything’s going to be perfect. No one’s going to get hurt, everything. It’s just not how war operates, and that’s unfortunate,” Hegseth said on “The Way I Heard It with Mike Rowe” podcast. “But if we try to do it with kid gloves or with surgical gloves, we’re never really going to get rid of, actually exterminate the enemies that we need to defeat to create a peace on the other side.”
