Judge rejects effort to challenge appointment of special counsel David Weiss
(WILMINGTON, Del.) — The federal judge overseeing the case of the former FBI informant charged with lying about President Joe Biden and his son Hunter Biden’s overseas business ties has rejected an effort to challenge the legitimacy of special counsel David Weiss’ appointment, according to court records.
The challenge from Alexander Smirnov’s attorneys was filed just hours after Judge Aileen Cannon unexpectedly dismissed former President Donald Trump’s classified documents case last month on the grounds that special counsel Jack Smith was unlawfully appointed — which is currently being appealed.
Judge Otis Wright’s ruling in the Smirnov case is yet another indication of how Cannon’s controversial dismissal of Trump’s classified documents case – which ran contrary to decades of precedent set by other courts — is not holding water with other judges weighing similar challenges to special counsels.
A separate judge overseeing Hunter Biden’s tax case in Los Angeles rejected a similar challenge to Weiss’ appointment earlier this month.
Cannon’s ruling centered around arguments that Smith’s prosecution of Trump was illegitimate because, in her determination, Smith was unlawfully appointed by Attorney General Merrick Garland to his position as special counsel because he was never confirmed to his post by the U.S. Senate.
Special counsels have typically served previously as U.S. attorneys, who are appointed by the president and confirmed by the Senate. Smith was previously the acting U.S. attorney for the Middle District of Tennessee and was working for the International Criminal Court at the Hague prosecuting war crimes when he was tapped by Garland in November 2022 to lead both the classified documents probe and the federal election interference investigation.
Smith, in a filing on Monday, urged the 11th Circuit Court of Appeals to reverse Cannon’s decision.
(KENT, Wash.) — DNA evidence from a discarded cigarette has helped investigators finally solve the murder of a 33-year-old woman in Washington state after 44 years.
Kenneth Kundert was arrested in Arkansas on a nationwide murder warrant out of Washington, police said. He is expected to be charged with first-degree murder, according to a spokesperson for the King County Prosecuting Attorney’s Office.
His bail is set at $3 million and he is awaiting extradition, according to police.
On Feb. 23, 1980, after 10 p.m. Dorothy “Dottie” Maria Silzer left work at a pizza place to head home. That was the last time she was seen alive, according to police.
She was reported missing by her co-workers three days later after she failed to show up for work two days in a row, which was “hugely unusual” for her, Kent, Washington, Police Chief Rafael Padilla said at a press conference.
Police performed a welfare check at her condo, where she was found murdered, Padilla said.
Evidence, including DNA, was collected from the scene and preserved.
“It was their extensive and exhaustive work to collect and preserve that evidence that made the eventual identification of Dottie’s murderer possible,” Padilla said.
The Kent County medical examiner later determined the cause of death was asphyxia by means of cervical compression. There was also blunt-force trauma to her head, according to Padilla.
Crime lab investigators determined that DNA evidence collected at the scene of the crime belonged to an unknown man.
In 1996, additional DNA evidence from the case was examined, but investigators still came up empty.
Over the years, DNA from persons of interest were submitted to compare, but none were a match, Padilla said. The case dragged on unsolved for so long that many of the officers who worked on it had retired and a couple of them had even died, he added.
Finally, a breakthrough came in 2022, when the rapidly advancing field of genetic genealogy, in which DNA is submitted to public databases to find familial connections, identified 11 potential suspects.
Investigators said they then began to collect DNA samples to eliminate suspects from the group.
Two of the suspects identified were Kurt and Kenneth Kundert, brothers who lived in Arkansas, police said. Investigators discovered the brothers were both in custody on unrelated charges stemming from an assault.
Kurt Kundert agreed to provide police with a DNA sample voluntarily, but Kenneth Kundert did not, police said. Kurt Kundert’s DNA did not match the sample.
Investigators said they were able to determine Kenneth Kundert had ties to Washington and worked in the state in 1987. The brothers also lived in an apartment complex about 1,200 feet away from where the murder took place, authorities said.
In March, police were able to obtain a discarded cigarette belonging to Kenneth Kundert and it was compared to the DNA sample found at the crime scene and came back a match.
On Aug. 20, police found and arrested Kenneth Kundert in Arkansas. He is now at a Van Buren correctional facility awaiting extradition.
Silzer was originally from North Dakota where she graduated from high school before working at a school district in the state. She later moved to Washington and lived in the Seattle area for about 12 years, police said.
She had just purchased a condo in Kent, Washington, just before she was killed. Silzer was a training supervisor at Boeing and worked at a pizza place on weekends, according to police.
(MEMPHIS, Tenn.) — The federal trial of three former Memphis police officers charged in connection with the January 2023 beating death of Tyre Nichols continued Monday, with the cross-examination of a Memphis Police Department (MPD) lieutenant who trained the defendants.
Kevin Whitmore, who is representing ex-officer Tadarrius Bean, cross-examined Second Lt. Larnce Wright on training methods at the police academy, noting that Wright did not train Bean in several courses, so he could not speak to what Bean was taught, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom.
Wright did not teach the officers how to write reports, provide medical classes for them or teach them about the duty of an officer to intervene if another officer engages in misconduct, according to WATN.
Last Thursday, Wright testified that the scenario of the initial traffic stop involving Nichols should have been low-risk, according to WATN. Wright said during the initial stop, Nichols voicing that he was trying to do what was asked should have led officers to deescalate the situation. Wright claimed officers were not following training for several reasons and described Nichols’ behavior as human nature, according to WATN.
The former officers — Bean, Demetrius Haley and Justin Smith — were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid — charges that carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
On Monday, Whitmore showed Wright several presentation slides he uses in training, which the attorney said denoted that there is no such thing as a routine traffic stop, which “could turn violent in an instant,” according to WATN.
The defense argued that training is only as good as the trainer.
Wright claimed that if a violent felony was not committed, pursuit is not allowed, according to WATN. Body-camera footage shows Nichols fled after police initially pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes later. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The beating triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate Nichols was driving recklessly.
Whitmore asked Wright if an officer could have tunnel vision during an arrest, alluding to the possibility that Bean was focused on handcuffing Nichols and didn’t see what was happening to the suspect, according to WATN.
Desmond Mills Jr. and Emmitt Martin III, the two additional officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
The prosecution told ABC News in a statement Thursday that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition where he later died. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
Michael Stengel, Haley’s attorney, officially asked for a mistrial on Friday due to the forms — known as response to resistance — that were submitted as evidence for the trial, according to WATN. The ex-officers were required to fill out these forms to explain their use of force against Nichols. Stengel argued the documents were protected by Garrity. Garrity rights protect public employees from being compelled to self-incrimination during investigative interviews conducted by their employers, according to a Tennessee attorney general legal document. Stengel argued that the response to resistance forms the ex-officers filled out could not be used as evidence to protect the ex-officers’ Garrity rights.
Judge Mark Norris decided the documentation forms do not violate the ex-officers’ Garrity rights and ruled in favor of keeping them as evidence, according to WATN. Norris said on Monday that there are 37 witness testimonies left in the trial, and that a juror has potentially been lost due to illness, according to WATN.
Martin, one of two ex-officers who plead guilty to charges connected to the death of Tyre Nichols, was called to the stand after Wright was finished with questioning. Martin began his testimony Monday, towards the end of day.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that has since been disbanded after Nichols’ death. All the officers were fired for violating MPD policies.
(NEW YORK) — For the second year in a row, summer in the Northern Hemisphere ranked as the warmest on record with extreme heat bringing persistent, dangerously hot conditions across several continents, according to a new report by Copernicus, the European Union’s Climate Change Service.
Summer 2024 (June through August) was the warmest summer on record for the Northern Hemisphere, beating the previous record set in 2023 by .66 degrees Celsius, or 1.19 degrees Fahrenheit, the report found. The Northern Hemisphere’s top 10 warmest summers on record have all occurred within the past 10 years, according to Copernicus.
Last month also registered as the joint-warmest August on record globally, tying the value observed in 2023, the report, released Thursday, found.
As the planet continues to set new global temperature records, parts of the West Coast continue to experience record-breaking heat. While much of the region typically experiences the warmest temperatures of the year on average during the month of September, the current round of hot weather impacting millions is reaching dangerous levels.
Extreme last-season heat is impacting major cities up and down the West Coast. Heat alerts were in effect across parts of six western states, from Arizona to Washington on Wednesday, including more than 65 million Americans. Several major cities could see records challenged in the coming days.
This latest round of extreme heat comes as major cities in the West such as Phoenix, Arizona, and Las Vegas, Nevada, experienced their hottest summers on record, according to the National Weather Service.
“The temperature-related extreme events witnessed this summer will only become more intense, with more devastating consequences for people and the planet unless we take urgent action to reduce greenhouse gas emissions,” Samantha Burgess, deputy director of Copernicus, said in a statement.
Researchers at Copernicus said that it remains likely that 2024 is going to be the warmest year on record, beating out the new record set just last year. The year-to-date global average temperature anomaly through the end of August currently ranks .23 degrees Celsius, or .41 degrees Fahrenheit, warmer than the same period in 2023.
The average anomaly for the remaining months of this year would need to drop by at least .30 degrees Celsius, or .54 degrees Fahrenheit, for 2024 not to be warmer than 2023. This has never happened in the organization’s ERA5 dataset.
The last time Earth recorded a cooler-than-average year was in 1976, according to the National Oceanic and Atmospheric Organization (NOAA).
August 2024 ended up tied with August 2023 as the warmest August on record globally, registering an average surface air temperature of 16.82 degrees Celsius, or 62.28 degrees Fahrenheit, according to the report. This is .71 degrees Celsius, or 1.28 degrees Fahrenheit, above the 1991-2020 average for the month.
The global average temperature over the past twelve months, September 2023 through August 2024, was 1.64 degrees Celsius, or 2.95 degrees Fahrenheit above the pre-industrial average, the report found.
The Paris Agreement goals aim to limit global warming to 1.5 degrees Celsius higher than pre-industrial levels.
Scientists say that it is important to note that exceeding the 1.5 degree Celsius warming threshold temporarily is not seen as a failure under the Paris Agreement since the agreement looks at the climate average over multiple decades. However, short-term breaches of the threshold are an important signal that those higher averages are likely to happen in the next decade if emissions aren’t reduced significantly.
Global daily sea surface temperatures across most of the world’s oceans remain well above average. The average global sea surface temperature for August 2024, between the latitudes of 60 degrees south and 60 degrees north, was 69.64 degrees Fahrenheit, the second-highest value on record for the month and just slightly below the record value set last year, the report found.
Persistent marine heatwaves are keeping sea surface temperatures at near-record levels across parts of the globe, including the Atlantic Basin. These unusually warm conditions were one of the primary factors that led NOAA to forecast a very active Atlantic hurricane season this year.
While the season got off to an impressive start with storms like record-breaking Hurricane Beryl and weeks of above-average activity earlier in the summer, the Atlantic Basin is now seeing a stretch of remarkably quiet conditions with the peak of the season just days away.
The past three weeks in the Atlantic Basin have been notably quiet with no named storm formations since Ernesto on Aug. 12.
However, toward the middle of September, large-scale environmental conditions look to become more favorable for tropical cyclone activity. This is particularly concerning for forecasters tracking the tropics because as many of the factors that have been inhibiting tropical activity begin to ease, any potential systems that begin to develop will have an ample supply of fuel to not only form but potentially go under rapid intensification.
Antarctic sea ice extent dipped to its second-lowest value on record for the month of August, 7% below average. Arctic sea ice extent was 17% below average for the month, ranking as the fourth lowest value on record and noticeably lower than the August values observed in the previous three years, according to Copernicus.