Judges press New York AG as Trump appeals his $454M fraud judgment
(NEW YORK) — Seven months after a trial judge fined Donald Trump $454 million for business frauds that the judge said “shock the conscience,” a New York appeals court appeared skeptical Thursday of some of the arguments underpinning the New York attorney general’s case against the former president.
A panel of five judges at New York’s Appellate Division, First Department heard Trump’s appeal and peppered both sides with concerns about the case — appearing to question some of the key elements of the state’s case, including the application of a consumer fraud statute, the justification for the financial penalty prosecutors sought, and the private nature of the transactions in question, mirroring well-worn defense arguments that failed during the case’s lengthy trial this year.
Trump himself did not attend Thursday’s hearing in New York.
“We have a situation where there were no victims, no complaints,” argued D. John Sauer, the same attorney who successfully argued Trump’s presidential immunity appeal to the Supreme Court earlier this year. “How is there a capacity or tendency to deceive when you have these clear disclaimers?”
While the judges expressed some skepticism about some of the defense’s claims — with one judge remarking that factual inaccuracies could have resulted in Trump’s statements being “completely fallacious” — some of the defense arguments were echoed in the judges’ questions.
“The defendants’ statements were not made for ordinary people,” noted Associate Justice David Friedman. “They were directed at some of the most sophisticated actors in business.”
Deputy Solicitor General Judith Vale, arguing for New York Attorney General Letitia James, emphasized the magnitude of Trump’s alleged misstatements and their importance to the banks that loaned the former president hundreds of millions of dollars.
“Deutsche Bank would not have given these loans without the financial strength being inflated,” Vale said. “The financial statements were coming in each year, and they were important, critical to the loans each year.”
A series of questions also focused on the New York fraud statute — Executive Law 63 (12) — that the attorney general used to bring her case. Trump’s lawyers have insisted the law should not apply to profitable transactions between financial institutions and the Trump Organization.
“How do we draw a line or put up some guardrails to know when the attorney general is operating within her broad sphere or 63(12) or going into an area where she doesn’t have jurisdiction?” asked Associate Justice John R. Higgitt.
Vale responded by arguing that Trump’s frauds impacted consumers by inserting false and misleading information into the marketplace, and that Trump’s fine has a deterrent effect.
“A big point of these statutes is for the attorney general to go in quickly to stop the fraud and illegality before the counterparties are harmed,” Vale said.
When pressed about the size of the penalty and whether it was “tethered” to the limited harm incurred by the banks that did business with Trump, Vale argued that the profitability of the transactions should not give Trump a free pass to use false information.
“It is not an excuse to say our fraud was really successful so we should get some of the money,” said Vale.
In an 11-week trial that concluded in February, New York Judge Arthur Engoron found that Trump, his eldest sons, and two top Trump Organization executives exaggerated Trump’s wealth to secure better terms from lenders, for which he fined the former president $454 million.
Trump, following the ruling, secured a $175 million bond while he appeals the judgment.
(NEW YORK) — Hurricane Francine made landfall early Wednesday evening in Louisiana, southwest of New Orleans, as a Category 2 storm, before weakening to a Category 1 hurricane.
Here’s how the news is developing:
Heavy rains, ‘severe thunderstorms’ forecast as Francine weakens
The National Weather Service forecast heavy rains and thunderstorms across the southeast through Thursday as Tropical Storm Francine moves north from Louisiana into southern Mississippi.
The National Hurricane Center said Francine was around 20 miles northwest of New Orleans early Thursday, with maximum sustained winds of 50 mph. The tropical storm was moving northeast toward Mississippi at 14 mph.
Francine is expected to bring between 4 and 8 inches of storm rainfall to areas across southeastern Louisiana, Mississippi, far southern Alabama and the Florida Panhandle through Thursday, the NHC said.
“This rainfall could lead to considerable flash, urban and river flooding,” it added.
The NWS warned of “heavy rain and chances for severe thunderstorms” across the affected areas, as well as tornadoes “potentially impacting parts of Alabama and the Florida Panhandle along a slow-moving warm front.”
“The greatest threat for considerable flash flooding exists across parts of northern and central Alabama,” it added, noting the possibility of up to 10 inches of rain.
The NHC also warned of dangerous storm surges. Water could rise by 4 to 6 feet between the mouth of the Pearl River in Louisiana to Ocean Springs in Mississippi, as well as at Lake Pontchartrain.
Three- to 5-foot surges may occur from Ocean Springs, Mississippi to the state border with Alabama, between Morgan City and the mouth of the Mississippi River in Louisiana and at Lake Maurepas, the NHC said.
419,000 without power after Francine landfall
At least 419,942 people were without power early Thursday following the passage of Tropical Storm Francine, which made landfall as a Category 1 hurricane on Wednesday.
PowerOutage.us reported 392,440 people without power in Louisiana and 27,502 in Mississippi as of the early hours of Thursday morning.
Among those affected were 301,000 customers of the Entergy energy company, the firm said on its website. The most pronounced outages were in Louisiana, with the largest impact in coastal areas around New Orleans where Francine made landfall Wednesday.
Jefferson County (68,189), Orleans County (49,975), Lafourche County (36,701), Ascension County (27,038) and Terrebonne County (25,611) were the worst affected in Louisiana, Entergy said.
Francine weakens to tropical storm
After making landfall as a hurricane, Francine weakened to a tropical storm late Wednesday night.
All Hurricane Watches and Warnings have been canceled, but Tropical Storm Warnings continue for parts of Louisiana, Mississippi and Alabama.
The Flash Flood Warning remains in effect in metro New Orleans while heavy rains remain.
By Thursday morning, Francine will be over central Mississippi with heavy rain, gusty winds, and tornado risk extending into Alabama to the Florida panhandle.
The storm is moving northeast at 16 mph while sustaining maximum winds of 65 mph.
Flash Flood Warning issued for New Orleans
Thunderstorms across Louisiana are producing heavy rain across the state, according to the National Weather Service.
Flash Flood Warnings are in effect for “Northwestern Jefferson Parish, Southwestern Orleans, Northern St. Charles Parish and Southwestern St. John The Baptist Parish” until 11:45 PM local time, the NWS said Wednesday evening.
Between 5 to 7 inches of rain has already fallen in the areas, with an additional 2 to 3 inches expected, according to NWS.
Other areas in Louisiana that may experience flash flooding include Hahnville, Metairie, Avondale, Laplace, Marrero, Reserve, Harvey, Timberlane, Jefferson, Gretna, Harahan, Westwego, St. Rose, Destrehan, Ama, New Sarpy, Norco, Luling and Waggaman.
AT&T and T-Mobile report resolution of 911 outage in New Orleans
AT&T and T-Mobile say the issues customers in New Orleans had reported in reaching 911 services in some storm-impacted areas have been resolved.
Those customers who needed emergency services were told to call the 10-digit number instead — 504 671-3600 — according to the NOLA Ready Emergency Alert System.
Francine continues to bring ‘life-threatening’ storm surge
Francine continues to bring life-threatening storm surges and hurricane conditions to southern Louisiana. Heavy rain and gusty winds will stick around while the Category 1 storm is expected to weaken Wednesday evening.
It’s currently moving southeast of Morgan City with maximum sustained winds of 85 mph.
Metro New Orleans is under a Flash Flood Warning and power went out in Slidell, Louisiana.
Causeway Bridge closes to traffic
The famed Causeway Bridge over Lake Pontchartrain in southeastern Louisiana has been closed to traffic due to “thunderstorms, high winds, crosswinds [and] poor visibility,” Causeway Police said.
Francine weakens to Category 1 storm
Francine has weakened to a Category 1 hurricane post-landfall, but continues to bring life-threatening storm surge and hurricane conditions to southern Louisiana.
A peak gust of 97 mph was reported at a weather station in Dulac.
FEMA on storm dangers
As residents in Louisiana hunker down due to Francine, Keith Turi, the associate administrator for the Federal Emergency Management Association, warned of potential hazards in the wake of the storm.
“What many people don’t know is that some of the most dangerous times are those hours right after the storm passes, when you’ve got high floodwaters or power lines down or even operating a generator, making sure you’re doing that safely and keeping it away from your home,” Turi told ABC News Live’s Kyra Phillips.
Turi said the agency has been coordinating with state and local officials for several days as Francine approached and will be prepared to conduct damage assessments on Thursday.
Francine makes landfall as Category 2 storm
Francine has made landfall as a Category 2 hurricane in southern Louisiana with 100 mph winds.
Landfall was about 30 miles south-southwest of Morgan City, in Terrebonne Parish.
Francine strengthens to Category 2
Francine has strengthened to a Category 2 hurricane with 100 mph winds as its eye approaches the Louisiana coast.
Life-threatening storm surge and hurricane conditions are moving onto shore.
Hurricane Francine’s eyewall is nearing the Louisiana coast, bringing hurricane-force winds close to shore.
Francine is now located 115 miles southwest of New Orleans and is moving northeast at 17 mph.
Some voluntary evacuations were issued in Terrebonne Parish, along the Louisiana coastline southwest of New Orleans, Parish President Jason Bergeron told ABC News.
“We’re starting to get some of the first bands coming through. And so we’re just getting everybody hunkered down and getting people to get to safety,” he said. “We opened our shelter last night and then we issued the curfew at 8 a.m. this morning, going to 8 a.m. tomorrow morning.”
Latest forecast
Tropical storm conditions have reached the Louisiana coastline, and life-threatening storm surge and hurricane-force winds are expected to begin in the next few hours leading up to Hurricane Francine’s landfall.
130PM: These bands will continue through the evening hours and into the overnight. Locally heavy rainfall and tornadoes will be possible inside these bands along with the damaging winds from the hurricane. pic.twitter.com/o8hu1Zng5A
A hurricane watch is in effect in New Orleans, where the worst impacts will be Wednesday afternoon through Wednesday night.
A tornado watch has been issued for parts of Mississippi and Louisiana, including New Orleans.
Storm surge will worsen throughout the day. Up to 10 feet of storm surge is possible in parts of Louisiana; up to 5 feet is possible in the New Orleans area.
Flash flooding is a major threat for Louisiana and Mississippi.
Conditions across Louisiana will start to improve overnight as Francine weakens and moves north into Mississippi.
Francine will rapidly weaken after landfall and become a tropical storm by Thursday, but it’ll still bring heavy rain to the South.
Flash flooding will remain a threat through the end of the week as Francine moves north into Tennessee, Kentucky and Missouri.
The threat for isolated tornadoes will continue through Thursday morning, especially in Alabama and the Florida Panhandle.
-ABC News’ Melissa Griffin
Conditions deteriorating in southern Louisiana
Conditions are deteriorating in southern Louisiana as Hurricane Francine gets closer to landfall.
The storm, located 120 miles southwest of Morgan City, Louisiana, is moving northeast at 13 mph.
Rain bands are moving on shore and the dangerous winds are closing in.
-ABC News’ Melissa Griffin
‘The time to evacuate has now passed’
With hours to go until Hurricane Francine makes landfall in Louisiana, “the time to evacuate has now passed,” Jacques Thibodeau, the director of the Governor’s Office of Homeland Security and Emergency Preparedness, said at a news conference.
“It is now time to go down and hunker down,” he said. “We are no longer in the, ‘Prepare for a hurricane’ — we are now in the, ‘Respond to a hurricane.'”
The White House has approved an emergency declaration for the state. The Louisiana National Guard expects to have 2,400 guardsmen ready for the storm, along with 58 boats, 101 high water vehicles and 61 aircrafts, officials said.
Louisiana Gov. Jeff Landry said he’s been in contact with the Federal Emergency Management Agency and the Army Corps of Engineers, and said he’s fully confident in all state and federal agencies working together before, during and after the hurricane.
Landry also encouraged residents to “take advantage of the power that you have currently and make sure that you charge all of your devices.”
-ABC News’ Alexandra Faul
New Orleans residents should start sheltering in place
Residents in New Orleans should stay off the roads beginning at noon ET and remain sheltered in place until Thursday morning, Mayor LaToya Cantrell said.
“Conditions will worsen throughout the day—stay safe!” she tweeted.
Hurricane Francine is expected to make landfall along the Louisiana coast this evening as a Category 1 storm.
By 11 AM, everyone in New Orleans should stay off the roads and shelter in place until tomorrow morning.
Francine is churning north as a Category 1 hurricane with 90 mph winds.
Landfall is forecast Wednesday afternoon or early evening as a Category 1 hurricane near Houma, Louisiana.
Life-threatening storm surge, flash flooding and hurricane-force winds are bearing down on Louisiana.
The storm surge could reach 10 feet along the Louisiana coast and wind gusts could hit 70 mph in New Orleans.
“Ensure you are in a safe location before the onset of strong winds or possible flooding,” the National Hurricane Center warned.
By Thursday morning, Francine will be bringing rain and gusty winds to Mississippi, and potential tornadoes to Alabama and the Florida Panhandle.
Throughout the day Thursday, the heavy rain and tornado threat will move into northern Alabama, Mississippi and Tennessee. Flash flooding is possible near Memphis and Nashville.
-ABC News’ Max Golembo
Weather warnings for Gulf Coast states
A raft of warnings was issued for cities in Louisiana, Mississippi and Alabama ahead of Hurricane Francine’s expected landfall on Wednesday afternoon.
A hurricane watch was issued for New Orleans, with hurricane warnings for Morgan City and Houma on Louisiana’s Gulf Coast.
Tropical storm warnings are in place further east, covering cities including Biloxi, Mississippi, and Mobile, Alabama.
Storm surge warnings were announced for both Biloxi — where water may rise up to 5 feet — and Mobile, where water levels may rise by up to 4 feet.
Francine is expected to make landfall as either a high-end Category 1 or low-end Category 2 hurricane, with winds between 90 and 100 mph, the National Hurricane Center said. The Category 2 classification begins with winds of 96 mph.
Landfall may bring tornadoes in areas around New Orleans, Biloxi, Mobile and Pensacola, Florida.
Heavy rain may cause flash flooding from New Orleans all the way up to Jackson, Mississippi through to Wednesday night. As the storm moves into Mississippi on Thursday, it is forecast to produce flash flooding and gusty winds.
Francine is expected to stall through Thursday night into Friday morning, bringing heavy rain to Memphis, Nashville and Paducah, Kentucky.
Francine 295 miles from Louisiana coast
Hurricane Francine is expected to make landfall southwest of New Orleans as a Category 1 hurricane on Wednesday afternoon.
As of early Wednesday, Francine was 295 miles southwest of Morgan City, Louisiana, heading northeast at 10 mph.
Data collected by Air Force Reserve Hurricane Hunter aircraft indicated that the storm strengthened in the early hours of Wednesday, with maximum sustained winds close to 85 mph — up from 75 mph on Tuesday night.
New Orleans under Hurricane Watch
Emergency officials in New Orleans, Louisiana, warned residents on Tuesday that they should be prepared to shelter in place as Hurricane Francine approached landfall.
A Tropical Storm Warning and Hurricane Watch were issued for areas along the southern Louisiana coast, including New Orleans. A Flood Watch was also issued in Orleans Parish through Thursday morning, the city said.
Mayor LaToya Cantrell signed an emergency proclamation.
“The storm track has shifted more towards the east, which has the potential to worsen impacts for the city, but the storm remains disorganized,” the city said in a statement.
(BIRMINGHAM, Ala.) — Officials have announced up to $100,000 in reward money for information leading to the arrests of the gunmen behind a mass shooting in Birmingham, Alabama.
Multiple shooters are wanted for killing four people and injuring 17 others outside a lounge in the Five Points South Entertainment District on Saturday night.
Five of the injured victims remain in the hospital on Monday, Birmingham Police Chief Scott Thurmond said at a news conference.
Investigators have received a “significant number” of tips but are asking for more, the chief said.
The FBI is offering a reward up to $50,000 for information leading to the gunmen’s arrests and convictions, FBI Birmingham Special Agent in Charge Carlton Peeples announced at Monday’s news conference.
“If you, or you know someone, who has information about those involved in Saturday’s mass shooting, know that you can remain anonymous,” Peeples said.
Frank Barefield, chairman of Crime Stoppers of Metro Alabama, also announced a $50,000 reward — the group’s biggest reward ever.
“You can receive up to $100,000 if you have credible information that leads to, one, an arrest, and another, an actual conviction,” Birmingham Mayor Randall Woodfin said. “It’s your time to step up. And we need you.”
“We cannot give safe harbor or shelter to people who want to just simply kill people. We cannot give them cover,” the mayor said. “They should not feel safe in our community — they should not feel safe anywhere.”
The chief said to the unknown gunmen, “We’re gonna hunt you down and we’re gonna arrest you.”
At least one person at the shooting scene was believed to have been targeted, police said.
Investigators believe the guns used were “converted to fully automatic,” Thurmond told ABC News on Sunday.
Fully automatic weapons “do not belong on the streets,” the chief said Monday.
Gabriel Eslami, who was shot and injured, said he was in a long line outside the lounge when he heard the gunshots.
“There’s bodies on the sidewalk. There’s smoke from the guns,” he told ABC News, describing the scene as like a “horror movie.”
Eslami said his friend rushed him to the hospital.
“I get there, I’m screaming, ‘Help! Help! I’ve been shot, I’ve been shot,'” he said.
“I’m so lucky,” he added.
The names of three of the four people killed have been released by police: 21-year-old Anitra Holloman, 27-year-old Tahj Booker and 27-year-old Carlos McCain.
ABC News’ Stephanie Ramos contributed to this report.
(NEW YORK) — Amid Florida’s state investigation into the apparent assassination attempt made against Donald Trump, Secret Service Director Ronald Rowe told the former president additional planning and security procedures are needed for him to continue his golf outings.
Trump met with Rowe to discuss future protocol Monday afternoon, sources familiar with the briefing told ABC News.
Trump was encouraged by the acting director to give more or as much notice as possible for golf outings or any type of trip where he would be out exposed to the public.
With more notice, the USSS can request assets from local police to, for example, walk or search grounds before the Secret Service arrives and to station manpower at various locations, sources said.
It’s not clear what changes Trump may make to his golf schedule considering Rowe’s recommendation for increased security and planning.
On Tuesday, Florida Gov. Ron DeSantis announced he signed an executive order to launch a state investigation into Sunday’s apparent assassination attempt on Trump at his West Palm Beach golf club, saying “we need trust and transparency.”
During a news conference, DeSantis said he has assigned the state investigation to the Office of Statewide Prosecutor under the supervision of state Attorney General Ashley Moody. The governor said the state has jurisdiction over the “most serious straightforward offense, which is attempted murder,” which could carry a life sentence if the suspect, Ryan Wesley Routh, is convicted.
DeSantis questioned the federal government’s ability to properly investigate and prosecute the second assassination attempt in two months on Trump.
DeSantis said Americans are still waiting to learn the motive for the first attempt on the former president’s life at a July 13 campaign rally in Butler, Pennsylvania, in which a Secret Service sniper killed the suspect after he fired eight rounds with an AR-15-style rifle at Trump from the roof of a nearby building, investigators said. Trump suffered a bullet wound to the ear in the Butler incident and one rallygoer was killed and two were injured.
“In my judgment, it is not in the best interest of our state or our nation to have the same federal agencies that are seeking to prosecute Donald Trump leading this investigation, especially when the most serious straightforward offense constitutes a violation of state law but not federal law,” DeSantis said.
The Department of Justice declined to comment when asked by ABC News for a response to DeSantis’ remarks.
Routh, a convicted felon, was arrested shortly after what FBI officials described as an “apparent assassination attempt” on Trump at the Republican presidential nominee’s Trump International Golf Club in West Palm Beach. Federal prosecutors announced Monday that the 58-year-old Routh has been charged with possession of a firearm as a convicted felon and possession of a firearm with an obliterated serial number.
Routh was allegedly lying in wait on the periphery of the golf course for nearly 12 hours when a Secret Service agent several hundred yards ahead of Trump spotted the barrel of a rifle poking out from the tree line and opened fire on the gunman, the U.S. attorney for the Southern District of Florida said Monday. Routh allegedly ran to a car and drove off, leaving behind a loaded SKS-style 7.62×39 caliber rifle with a scope and two bags, including a backpack, federal officials said.
A citizen helped catch Routh in neighboring Martin County after taking a photo of the suspect’s getaway car and giving it to police, officials said.
The FBI is leading the investigation of the incident and the U.S. Attorney for the Southern District of Florida is prosecuting the case against Routh.
U.S. Attorney General Merrick Garland made his first on-camera remarks Tuesday addressing the suspected assassination attempt.
“I just want to note the FBI is continuing to investigate the apparent assassination attempt of the former president that occurred on Sunday in Florida,” Garland said. “We are grateful he is safe. The entire Justice Department, particularly the FBI, U.S. Attorney’s Office the Southern District of Florida, the National Security Division are all coordinating closely with our local, state law enforcement partners on the ground. We will all work together to tirelessly determine accountability in this matter. We will spare no resource in this investigation.”
On Monday, Markenzy Lapointe, the U.S. attorney for the Southern District of Florida, said at a news conference that the “U.S. Attorney’s Office, the Department of Justice would be unable to carry forth our mission without the invaluable assistance of our federal, state and local law enforcement partners.”
Acting Secret Service Director Ron Rowe Jr. said Monday that Trump was never in the line of sight of the suspected gunman and that the suspect did not get off a single shot.
Trump praised the Secret Service for protecting him during a phone call on Tuesday with ABC News chief Washington correspondent Jonathan Karl.
“I’m fine. The Secret Service did a good job, actually,” Trump said.
Asked by Karl if he thought the Secret Service has a good handle on protecting him during a heightened threat environment in the final days of the presidential campaign, Trump said, “Yeah, I do. I think Secret Service is doing a good job, and they did a very good job the last couple of days. On that event, I thought they were excellent.”
Homeland Security Secretary Alejandro Mayorkas, whose agency oversees the Secret Service, also praised Trump’s protection detail during an event hosted by Politico on Tuesday.
“They should be commended,” Mayorkas said.
Mayorkas said agents from the Secret Service eliminated the threat quickly and the agency has increased the former president’s protection.
“We, the United States Secret Service, has indeed enhanced the former president’s security posture so that he is receiving a level of security commensurate with the fact that he’s a former president and on the campaign trail,” Mayorkas said.
Moody said the state investigation into the incident will be handled by the Florida Department of Law Enforcement and the Florida Highway Patrol.
“The people of Florida deserve answers, and we will not stop until we know the truth and how we can best prevent similar attacks in Florida,” Moody said.
Moody said the state agencies will “investigate what happened when something went terribly wrong, when someone was allowed to remain on the periphery of a golf course in a tree line for 12 hours and get within 500 [yards]” of Trump.
Mark Glass, commissioner of the Florida Department of Law Enforcement, said his agency will “hunt for the truth.”
“Florida is a law-and-order state and we will not sit idly by while anybody stonewalls information sharing amongst our law enforcement entities,” Glass said without elaborating. “We know that if we want answers, we’ve got to go get them.”
Routh is being held at Federal Detention Center Miami, according to the Bureau of Prisons inmate locator. He is expected to remain in custody there pending his detention hearing next Monday and likely his trial.