Judge rules that DOJ can release Jack Smith’s final report on his Jan. 6 case against Trump
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(WASHINGTON) — U.S. District Judge Aileen Cannon, who dismissed Donald Trump’s classified documents case, has ruled that the Justice Department can release Volume One of special counsel report Jack Smith’s report, covering his election interference case against Trump — but is reserving ruling on whether the DOJ can make Volume Two, on the classified documents case, available to congressional leadership for review.
Cannon has scheduled a hearing for Jan. 17 on that matter.
Cannon last week issued the injunction temporarily blocking the release of the entire report — both the first volume on the Jan. 6 case and the second volume on the classified documents case — as the Justice Department appeared poised to publicly release the report. Attorney General Merrick Garland had vowed to release the classified documents volume to top members of Congress and to publicly release the classified documents volume — which the DOJ attested in a filing this weekend has no bearing on the evidence or charges related Nauta and De Oliveira — but Trump’s former co-defendants continue to push for neither volume to see the light of day.
In a separate case, Arizona Attorney General Kris Mayes, who in April indicted 11 individuals, including Trump allies Rudy Giuliani and Mark Meadows, on charges of attempting to overturn the 2020 election results in her state, told Garland in a letter Sunday that gaining access to the case file will “help ensure that those who should be held accountable are.”
“Today, my office has one of the only remaining cases that includes charges against national actors,” the letter said. “I have held steadfast to prosecuting the grand jury’s indictment because those who tried to subvert democracy in 2020 must be held accountable.”
The letter also asked the DOJ for any “exculpatory material” unearthed in the probe.
It also referenced a recent order from a state judge that granted a request from Meadows for discovery in the case to help aid in his defense. The letter, though, acknowledges that the state judge “cannot compel disclosure from a federal agency.”
“For the reasons discussed above, the Maricopa County Superior Court’s order should be fulfilled. In the alternative, consider this a request under the Freedom of Information Act,” the letter states. “Disclosure will ensure justice is done consistent with the rule of law.”
Trump pleaded not guilty in 2023 to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to retrieve them from his Mar-a-Lago estate. The former president, along with Nauta and De Oliveira, pleaded not guilty in a superseding indictment to allegedly attempting to delete surveillance footage at Mar-a-Lago.
Trump also pleaded not guilty in 2023 to separate charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in an effort to subvert democracy and remain in power.
Both cases were dismissed following Trump’s reelection in November due to a longstanding Justice Department policy prohibiting the prosecution of a sitting president.
The suspect, Shamsud-Din Jabbar, drove a pickup truck onto a sidewalk and around a parked police car serving as a barricade to plow into pedestrians over a three-block stretch of the iconic street, according to police.
Jabbar exited the vehicle armed with an assault rifle and opened fire on police officers, law enforcement said. Officers returned fire, killing Jabbar. At least two officers were injured, authorities said.
Alexis Scott-Windham was among those injured in the attack. She spoke to ABC News’ Whit Johnson about the intense experience on Thursday.
ABC NEWS: We are joined now by a young woman who, like so many others, was here on Bourbon Street ringing in the new year when the unthinkable happened. Alexis Scott-Windham is joining us now.
And Alexis, thank you so much for your time tonight. We truly appreciate it. I can’t imagine what you’ve been through over the past 24 hours here. Can you first just walk us through those first moments when you knew something was going wrong?
ALEXIS SCOTT-WINDHAM: OK, so we were on a corner by a pizza place and we noticed a loud boom, boom, boom noise and we looked to the left and somebody said “Move!” And by the time they said move, the truck was coming down and he was halfway on the sidewalk, halfway down the street.
By the time he came down the side, by the time I looked to the left, he came down the sidewalk, he had hit me on the back of my right leg, because I stepped on my left, he hit me by the right leg. And I don’t even know how did I get shot because I fell to the ground. I got up and tried to run once I heard the bullets. And once I got up, I tried to run, but my foot was leaking.
ABC NEWS: And describe what you were experiencing emotionally at the time. Obviously, you knew you were injured, but seeing, seeing the seriously wounded and, and people who had lost their lives all around you, what was going through your mind?
SCOTT-WINDHAM: Well, what was going through my mind? I was just thankful, I was just thanking Jesus, I was just telling the Lord, “Let me make it home to my daughter,” I was just thanking God. But once I got up, I seen the bodies on the ground, I was just — it was like a movie. I just couldn’t believe this happened.
Because before all this happened, everything was just going so nice, everybody was telling everybody “Happy New Year.” All the tours, like random people was telling me “Happy New Years.” I even met people from Chicago that was down here. That’s why it was just so crazy.
ABC NEWS: I’m, forgive me. I’m having a little trouble hearing you. But, but could you describe how your friends are doing today? What are their conditions?
SCOTT-WINDHAM: So me and my friend Brandon, we both got injured. I got shot in the foot and hit from the side.
And Brandon, I think he got hit by the car. His whole right side is just messed up; his left, his right leg is messed up. His back is messed up. His shoulder is messed up. He also has a little gash right here [indicating the right side of her forehead]. He’s still in the hospital, in New Orleans. He’s at Touro hospital.
ABC NEWS: And I understand that, that, forgive me. I understand that you are, you’re home today and you have a young daughter as well. As you look back on this, you know, how are you going to explain what happened to her?
SCOTT-WINDHAM: Well, when I was going through that, in my mind, I was just telling the Lord, “Just let me make it home to my daughter.” I don’t know how I’m going to explain it to her. All I can tell her is “You can still go out and have fun, but don’t be on your phone and always watch your surroundings.”
ABC NEWS: All right, Alexis Scott-Windham. Well, we are, we are so thankful that you are OK today. And thank you so much for, for taking the time to share with us what happened to you and the people you were with.
(WASHINGTON) — Former President Donald Trump has a massive personal stake in the upcoming election, which could either send him back to the White House — or to a courtroom for what could be years of legal proceedings under the looming threat of incarceration.
No other presidential candidate in history has faced the possibility of such drastically different outcomes, in which Trump’s legacy, personal fortune, and individual liberty could be decided by a few thousand swing state voters.
If he returns to the White House, Trump has vowed to fire Jack Smith, the special counsel who has brought two federal cases against him, “within two seconds”; he has said he would punish the prosecutors and judges overseeing his cases; and he will likely avoid serious consequences for any of the criminal charges he continues to face.
“If he wins, say goodbye to all the criminal cases,” said Karen Friedman Agnifilo, who previously served as the chief of the Manhattan district attorney’s trial division.
“The criminal cases are over, whether it’s legally or practically,” added Friedman Agnifilo, who said a Trump victory would be a “get out of jail free card” for the former president.
If he loses the election, Trump faces years of court proceedings, hundreds of millions in civil penalties, and the possibility of jail time, beginning with the sentencing for his New York criminal case on Nov. 26.
Here is what could happen in each of Trump’s criminal cases.
New York hush money case
Trump’s most pressing legal issue following the election is his Nov. 26 sentencing on 34 felony counts for falsifying business records to cover up a 2016 hush money payment to adult film actress Stormy Daniels.
Defense lawyers were able to successfully delay the sentencing twice — first by asking to have the case dismissed based on presidential immunity and the second time by highlighting the political stakes of a pre-election sentencing. Describing Trump’s case as one that “stands alone, in a unique place in this Nation’s history,” New York Judge Juan Merchan opted to delay the sentencing until November to ensure the jury’s verdict would “be respected and addressed in a manner that is not diluted by the enormity of the upcoming presidential election.”
While first-time offenders convicted of falsifying business records normally avoid incarceration, legal experts told ABC News that the unique factors of Trump’s case — including him being held in criminal contempt ten times and the finding that he falsified business records to influence an election — could push Judge Merchan to impose some prison time. When ABC News surveyed 14 legal experts about Trump’s sentence in June, five believed an incarceratory sentence was likely, two described the decision as a toss-up, and seven believed a prison sentence was unlikely.
The sentencing could still proceed in November if Trump wins the election, though the new circumstances could influence Judge Merchan’s decision, according to Boston College law professor Jeffrey Cohen. Merchan could opt to impose a lighter sentence — such as a day of probation — or opt to delay the sentence until Trump leaves office.
“A sitting president wouldn’t be forced to be incarcerated while they’re serving their presidency, and so he could theoretically serve it once he’s out of office,” said Cohen, who noted that a delayed sentence could incentivize Trump to remain in office as long as possible.
“If he wins, I think realistically speaking, not there will be no meaningful sentence because of it,” said Friedman Agnifilo.
Trump’s lawyers could also attempt to delay the sentencing in light of the outcome of the election, and the former president still has multiple outstanding legal efforts to delay the case. On Nov. 12, Judge Merchan plans to issue a ruling on Trump’s motion to throw out the case because of the Supreme Court’s recent ruling granting him immunity from criminal prosecution for official acts undertaken as president — and if Merchan denies that motion, Trump could attempt to immediately appeal it to try to delay the sentencing further.
Trump has also asked the U.S. Court of Appeals for the Second Circuit to move the state case into federal court, which his lawyers could use to prompt a delay of the sentencing. Unlike his federal cases — for which Trump could theoretically pardon himself — the state case will likely remain outside the reach of a presidential pardon, even if Trump successfully removes the case to federal court, according to Cohen.
Federal election interference case
In the shadow of the presidential race, U.S. District Judge Tanya Chutkan has been considering how Trump’s federal election subversion case should proceed in light of the Supreme Court’s immunity ruling, which delayed the case for nearly a year. Fifteen months after Trump pleaded not guilty to charges of undertaking a “criminal scheme” to overturn the results of the 2020 election, Judge Chutkan has set a schedule for the case that stretches beyond the election, with deadlines for key filings set for as late Dec. 19.
Trump has vowed to fire Smith if he’s reelected, but that might not be necessary since long-standing DOJ policy bars the prosecution of a sitting president — meaning the federal cases against Trump may be stopped immediately should Trump take office.
While Smith could attempt to continue his prosecution in the two months between the election and the inauguration, there’s little he could do to revive the case, according to Pace University law professor Bennett Gershman.
“They can continue to do what they’re doing, but it’s not going to really matter if, at the end of the day, Trump is able to appoint an attorney general who will then make a motion to dismiss the charges,” Gershman said.
While his federal case will inevitably go away if Trump wins, the exact way it happens is uncertain. Smith could attempt to issue a final report about his findings, Trump could face a standoff with Congress or the acting attorney general about firing Smith, or Judge Chutkan could push back against the Justice Department’s eventual move to dismiss the charges.
If Trump loses the election, Judge Chutkan is expected to continue to assess whether any of the allegations in the case are protected by presidential immunity. Her final decision will likely be appealed and could return to the Supreme Court, likely delaying a trial for at least another year, according to experts.
Federal classified documents case
After U.S. District Judge Aileen Cannon dismissed Trump’s criminal case for retaining classified documents and obstructing the government’s efforts to retrieve them, Smith asked an appeals court to reinstate the case, arguing that Cannon’s decision about the appointment and funding of special counsels could “jeopardize the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch.”
If Trump wins the election, prosecutors will likely have no choice but to withdraw their appeal, according to Friedman Agnifilo, cementing Judge Cannon’s dismissal of the case.
If Trump loses the election, the case faces a long road before reaching a trial. Prosecutors need to successfully convince the Atlanta-based 11th U.S. Circuit Court of Appeals to reverse Cannon’s dismissal, and Trump’s team has already raised a defense based on presidential immunity, which could become the basis for a future appeal.
Faced with a series of adverse rulings, Smith would also face a key decision about whether to ask for Judge Cannon to be recused from the case, according to Cohen.
“I’m not sure what their reasons are now, except ‘We don’t really like what she’s decided,'” said Cohen, who was skeptical about the government’s grounds for recusal based on the trial record alone.
In a separate case overseen by Judge Cannon, defense lawyers for Ryan Routh — the man accused of trying to assassinate Trump at his Florida golf course in September — moved to have Cannon recused, in part citing ABC News’ reporting that a personnel roster circulating through Trump’s transition operation included Cannon’s name among potential candidates for attorney general should Trump be reelected. Cannon on Tuesday rejected that motion, describing the argument about a potential appointment as “‘rumors’ and ‘innuendos.'”
“We had a brave, brilliant judge in Florida. She’s a brilliant judge, by the way. I don’t know her. I never spoke to her. Never spoke to her. But we had a brave and very brilliant judge,” Trump said about Cannon last week.
Fulton County election interference case
Trump’s criminal case in Fulton County, Georgia, related to his effort to overturn the results of the 2020 election in that state, has been stalled since June while an appeals court considers the former president’s challenge to Judge Scott McAfee’s decision not to disqualify District Attorney Fani Willis for what McAfee called a “significant appearance of impropriety” stemming from a romantic relationship between Willis and a prosecutor on her staff. A Georgia appeals court scheduled oral arguments about whether Willis can continue her case on Dec. 6.
When asked about the future of the case if Trump wins the election, Trump defense attorney Steve Sadow told Judge McAfee last December that a trial would likely have to wait until after Trump completes his term in office.
Since August 2023, when Trump was charged in Fulton County with 13 criminal counts, Judge McAfee has chipped away at the indictment by tossing five of the counts with which Trump was originally charged.
If he loses the election, Trump could attempt to stall the case by continuing to push to have Willis disqualified or by mounting a presidential immunity defense.
“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President,” Trump’s lawyers wrote in a January motion.
(FLORIDA KEYS, Fla.) — Hurricane Rafael strengthened to a major Category 3 hurricane as it neared the coast of Cuba on Wednesday afternoon.
Rafael is expected to bring life-threatening storm surge, hurricane-force winds and flash flooding to the western part of the island.
A tropical storm warning is in effect for the Florida Keys, where heavy rain, gusty winds and even tornadoes are possible on Wednesday and into Thursday morning.
Rafael will move into the Gulf of Mexico on Thursday and start weakening.
Rafael isn’t posing a major threat to the U.S. Gulf Coast, but some of the tropical moisture could move toward the coast and add to the rain from an approaching cold front.
Most models predict Rafael sitting in the Gulf into next week and possibly moving southwest toward Mexico.
