Nancy Guthrie latest: Person who left DNA on recovered glove has been cleared, sheriff says

(NEW YORK) — Accused CEO killer Luigi Mangione could stand trial by the end of the year, the judge in his federal case said Friday at a hearing in a Manhattan courtroom that was filled with Mangione’s supporters.

Mangione was back in federal court, where the defense presented arguments seeking to dismiss the death penalty counts against him if he is convicted of stalking and killing UnitedHealthcare chief executive Brian Thompson on a New York City sidewalk in 2024.

U.S. District Judge Margaret Garnett did not rule on the death penalty question at the conclusion of the hearing, but suggested that if the death penalty remains on the table, jury selection would begin in early September, and the trial would commence sometime in December or January.

If the death penalty is excluded, the judge suggested the trial could start in September.

She set a date for the next hearing on Jan. 30.

Judge Garnett also ruled Friday that Mangione’s backpack was lawfully seized by police when Mangione was apprehended in a Pennsylvania McDonalds’s five days after the shooting.

Two women who flew in from Sicily and came straight from the airport were among those in the courtroom gallery, which was filled with Mangione’s supporters, mostly young women. Many of them were wearing green, the color that has come to represent advocacy for Mangione.

“We have a full house here today,” Judge Garnett said at the outset of the hearing. “It is very important that decorum be maintained.”

The appearance of Mangione, who has pleaded not guilty to federal charges, follows a three-week hearing in state court during which Mangione sought to convince the judge in his state case to exclude some of the critical evidence police said they found in his backpack, including writings and the alleged murder weapon.  The judge has yet to issue a ruling.

Judge Garnett, in issuing her ruling on the legality of the backpack’s seizure, said, “I don’t think it’s really disputed that if you’re arrested in a public place, the police are supposed to safeguard your personal property.”

Garnett said she does not need to schedule a hearing to determine whether to exclude evidence taken from the backpack, but that she reserves the right to reconsider that decision. She has yet to rule on what, if anything, should be suppressed.

“The Government searched the contents of the defendant’s notebook pursuant to a judicially authorized search warrant that expressly covered, among other things, handwritten materials, including notebook entries, contained within the defendant’s backpack,” prosecutor Sean Buckley argued in an earlier court filing.

“To the extent that the defendant now seeks to challenge the validity of the Government’s warrant — an argument the defendant similarly did not make in either his moving or reply papers — that argument would also fail on the merits because the warrant, which disclosed the initial search of the defendant’s backpack by the Altoona Police Department, was supported by ample probable cause,” wrote Buckley.

Paresh Patel, a lawyer from Maryland who recently joined Mangione’s defense team, argued stalking “fails to qualify as a crime of violence” and therefore cannot be the predicate to make Mangione eligible for the death penalty.

Mangione entered the courtroom with his ankles shackled but his hands free.  Unlike his recent appearance in state court, when he wore slacks and blazer, Mangione was dressed in a beige smock and pants and a white long-sleeve T-shirt as he took a seat at the defense table between defense attorneys Karen and Mark Agnifilo.

Earlier this week, prosecutors disputed a defense claim that Mangione should not face the death penalty because of a purported conflict of interest by Attorney General Pam Bondi.

The defense said Bondi is continuing to benefit from a 401k established while she worked at the lobbying firm Ballard Partners, which represents UnitedHealthcare.

Prosecutors said Ballard has made no contributions to her retirement plan since her Senate confirmation as attorney general, and argued that she stands to gain nothing from a “capital outcome” in the Mangione case.

“There is simply no factual basis for the assertion that outside corporate interests influenced the Attorney General’s charging decision in any fashion. The defendant’s insinuations otherwise rest on an inaccurate financial narrative,” Buckley wrote in a court filing.

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(CHAPPAQUA, N.Y.) — Former Secretary of State Hillary Clinton’s closed-door deposition with the House Oversight Committee in Chappaqua, New York, was briefly paused Thursday afternoon after a photo of her from inside the room was leaked, which is against committee rules.

The photo was posted by conservative social media influencer Benny Johnson who claimed it was provided by Republican Rep. Lauren Boebert.

ABC News confirmed that the deposition has resumed.

The former first lady and former President Bill Clinton are participating in depositions as part of the committee’s probe into the convicted sex offender Jeffrey Epstein.

In her opening statement Thursday before the pause, Hillary Clinton said that she had no involvement with Epstein or convicted associate Ghislaine Maxwell.

“The Committee justified its subpoena to me based on its assumption that I have information regarding the investigations into the criminal activities of Jeffrey Epstein and Ghislaine Maxwell. Let me be as clear as I can. I do not,” Clinton said, according to a release of her opening statement.

Hillary Clinton said Thursday that she had no idea about Epstein and Maxwell’s criminal activity, saying she doesn’t “recall ever encountering Mr. Epstein.”

“I never flew on his plane or visited his island, homes or offices. I have nothing to add to that. Like every decent person, I have been horrified by what we have learned about their crimes,” she said.

Hillary Clinton went after the Republican-led committee in her opening statement, saying “you have made little effort to call the people who show up most prominently in the Epstein files. And when you did, not a single Republican Member showed up for Les Wexner’s deposition,” she states, referencing the closer-door deposition of retail billionaire Leslie Wexner earlier this month, during which the Republican members were no-shows. During his deposition, Wexner claimed he never witnessed nor had any knowledge of Epstein’s criminal activity.

Digging in even more, the former first lady attacked the probe.

“This institutional failure is designed to protect one political party and one public official, rather than to seek truth and justice for the victims and survivors, as well as the public who also want to get to the bottom of this matter,” she said, not mentioning any particular public official by name.

Republican House Oversight Chairman James Comer said the deposition with the Clintons is an opportunity to ask them questions.

“No one is accusing, at this moment, the Clintons of any wrongdoing,” Comer said Thursday morning ahead of Hillary Clinton’s testimony. “They’re going to have due process, but we have a lot of questions, and the purpose of the whole investigation is to try to understand many things about Epstein.”

Pressed on why the committee was adamant on subpoenaing Hillary Clinton, who has denied ever having any relationship with Epstein, Comer highlighted how there was a bipartisan effort to speak with the Clintons after Democrats also voted to subpoena the Clintons.

The committee first attempted to subpoena the Clintons in July of last year as Republicans demanded more information on the former president’s travels on Epstein’s private aircraft and what the committee called the “family’s past relationship” with Epstein and his convicted associate Ghislaine Maxwell, as part of their probe into Epstein.

The Clintons were subpoenaed to appear under oath in front of the committee for a deposition in January, but failed to comply, arguing the subpoenas were without legal merit. Rather, they proposed a four-hour transcribed interview instead.

David Kendall, the Clintons’ lawyer, argued that the couple has no information relevant to the committee’s investigation of the federal government’s handling of investigations into Epstein and Maxwell, and should not be required to appear for in-person testimony. Kendall contended the Clintons should be permitted to provide the limited information they have to the committee in writing.

Comer had long threatened to hold the Clintons in contempt if they failed to appear before the committee, so when they didn’t, a contempt resolution was drafted and put to a vote. The Oversight Committee passed the contempt resolution, with nine Democrats voting in favor of it, teeing it up for a full House vote.

At the last minute, before the resolution was brought for a full House vote, the Clintons agreed to sit for a deposition, postponing further consideration of a contempt vote.

Democrats on the committee said they hope this week’s testimonies from the Clintons spark Republican committee members to investigate more of Epstein’s ties to President Donald Trump and his Cabinet officials.

President Trump has repeatedly denied any knowledge of Epstein’s crimes and has said that he cut off contact with his former friend more than 20 years ago.

“We will talk to any single person, whether that is a Democrat, a Republican, how much wealth they have, how powerful the position is, we want to talk to anyone. So we’re happy to be here, and we’re glad that both Secretary Clinton and former President Clinton are willing to talk to this committee,” Rep. Robert Garcia, the committee’s top Democrat, said Thursday.

This week’s interviews with committee investigators will be video recorded and transcribed in accordance with the House’s deposition rules.

Comer said the committee is “going to release the video as soon as everyone has approved it.”

While the Clintons have agreed to speak with the committee behind closed doors, they have still pushed for public hearings as part of the committee’s probe into Epstein.

“I will not sit idly as they use me as a prop in a closed-door kangaroo court by a Republican Party running scared,” Bill Clinton wrote in a lengthy post on X. “If they want answers, let’s stop the games & do this the right way: in a public hearing, where the American people can see for themselves what this is really about.”

Hillary Clinton has echoed her husband’s sentiments while also continuing to call for the full release of the Epstein files, which they have accused the Department of Justice of selectively releasing.

“It is something that needs to be totally transparent,” Hillary Clinton said during a panel appearance at the Munich Security Conference earlier this month. “I’ve called for, many, many years, for everything to be put out there so people can not only see what is in them, but also — if appropriate — hold people accountable. We’ll see what happens.”

Neither Bill Clinton nor Hillary Clinton has been accused of wrongdoing and both deny having any knowledge of Epstein’s crimes. No Epstein survivor or associate has ever made a public allegation of wrongdoing or inappropriate behavior by the former president or his wife in connection with his prior relationship with Epstein. 

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(WASHINGTON) — The Department of Justice overnight restored a photo purportedly showing Commerce Secretary Howard Lutnick visiting the private island of the late sex offender Jeffrey Epstein to its trove of publicly released documents. 

On Thursday, a Department of Justice official acknowledged the photo was taken down as part of a “batch of files that were flagged for nudity” following the recent release of Epstein files.

The image itself did not contain nudity, and the restored version of the photo did not contain any new redactions. 

“The batch of thousands of images was pulled for review and is being uploaded with necessary redactions on a rolling basis. No files are being deleted,” the official said. 

Some photos on the Department of Justice’s website are batched together into a single document, and the DOJ has said they are pulling documents on a rolling basis to make necessary redactions, such as for nudity or personally identifiable information.

The previously removed photo appears to show Epstein, Lutnick — dressed in a blue shirt and white shorts — and three other individuals near the southwest corner of Little Saint James, the private island owned by Epstein in the United States Virgin Islands. 

The Commerce Department and White House did not immediately respond to a request for comment. 

The Department of Justice appears to have withdrawn the image from its public archive of Epstein documents sometime earlier this month, according to a saved version on the nonprofit site Wayback Machine. The removal prompted criticism from lawmakers including Representatives Ted Lieu, Thomas Massie, and Jimmy Gomez. 

“Dear @AGPamBondi: Why are you covering up this picture of Epstein’s friend Lutnick?” Lieu wrote on X. “And are you really so stupid you think deleting a picture after you’ve posted it on the internet will make it go away?”

Testifying before the Senate Appropriations Subcommittee earlier this month. Lutnick acknowledged that he visited Epstein’s island with his family during a vacation, though he initially claimed he distanced himself from Epstein in 2005.

Emails released by the Department of Justice earlier this month showed Lutnick’s wife coordinating with Epstein’s assistant to visit the island for lunch in December 2012.

“I did have lunch with him, as I was on a boat going across on a family vacation. My wife was with me, as were my four children and nannies,” Lutnick told the Senate Appropriations subcommittee. 

Kentucky GOP Rep. Thomas Massie, who broke from his party to push for the release of the Epstein files, called on the Department of Justice on Thursday to explain why the image was removed. 

“I’m sure there’s a good reason for this. DOJ needs to tell Congress who pulled this file down so we can ask them,” Massie wrote on X. 

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