Prosecutors in Trump hush money case oppose dismissal, but are OK pausing case
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(NEW YORK) — Prosecutors with the Manhattan district attorney’s office said Tuesday they would oppose President-elect Trump’s attempt to dismiss his criminal hush money conviction in New York — but they told the judge they do not object to pausing the case.
The DA’s office faced a Tuesday deadline to propose the next steps in the case after the “unprecedented circumstances” of the former president’s election following his conviction on 34 felony counts earlier this year.
Trump’s sentencing in the criminal case is tentatively scheduled for Nov. 26, though defense attorneys have asked New York Judge Juan Merchan to dismiss the case ahead of Trump’s impending inauguration.
Trump’s lawyers laid out their new argument to dismiss the case in a filing made public Tuesday, writing that the case must be dismissed because a sitting president is immune from prosecution.
“To require President Trump to address further criminal proceedings at this point would not only violate the federal Constitution, but also disrupt the Presidential transition process,” wrote defense lawyers Todd Blanche and Emil Bove, both of whom Trump nominated last week to top DOJ posts.
Prosecutors pushed back on that claim, arguing that presidential immunity would not apply to a defendant who had already been convicted for conduct that is entirely private.
The district attorney’s office instead suggested deferring all remaining proceedings in the case, including the Nov. 26 sentencing, until after Trump leaves the White House in 2029.
“The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant’s inauguration will raise unprecedented legal questions. We also deeply respect the fundamental role of the jury in our constitutional system,” prosecutors wrote.
Defense lawyers argued that, while Trump is not yet president, presidential immunity equally applies during the transition process and added that their appeal of the case would “take a year or more” and possibly reach the Supreme Court, dragging the case well past Inauguration Day.
“There is no material difference between President Trump’s current status after his overwhelming victory in the national election and that of a sitting President following inauguration,” their filing said.
Judge Merchan will have the final say regarding the next steps in the case.
Since July, Trump’s attorneys have been pushing to have the conviction vacated and the case dismissed by arguing that prosecutors filled “glaring holes in their case” with evidence of official acts that the Supreme Court recently ruled off limits in its landmark presidential immunity decision.
Trump’s lawyers have also argued for a dismissal by citing the Presidential Transition Act of 1963, which urges government officers to take “lawful steps to avoid or minimize disruptions” to the presidential transition.
Prosecutors have argued that the Supreme Court’s ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office has no bearing on Trump’s conviction.
“The People agree that these are unprecedented circumstances,” prosecutor Matthew Colangelo told the court last week.
Trump was convicted in May of all 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels to silence allegations about a 2006 sexual encounter with Trump in order to boost his electoral prospects in the 2016 presidential election.
His conviction carries a maximum penalty of up to four years in prison, but first-time offenders would normally receive a lesser sentence.
(WASHINGTON) — A hacker gained access to an online secure document-sharing file between attorneys involved in a civil lawsuit brought by a close friend of former Rep. Matt Gaetz, according to sources familiar with the matter.
Documents including unredacted depositions from key witnesses in the case are believed to have been taken, sources said.
This is a developing story. Please check back for updates.
(KANSAS CITY, Mo.) — Andrew Lester, the Kansas City man charged in the April 2023 shooting of Ralph Yarl after the teenager mistakenly went to the wrong house, is fit to stand trial in February 2025, a judge said on Tuesday, according to Kansas City ABC affiliate KMBC.
The ruling came after the judge reviewed the findings of Lester’s mental exam, which he ordered last month after Lester’s attorney argued that the 86-year-old’s mental and physical capacity have diminished.
ABC News reached out to Lester’s attorney Steven Salmon for comment.
In October, a Clay County judge rescheduled Lester’s trial, which was initially set for Oct. 7, to begin on Feb. 18, 2025, pending the results of the mental evaluation. That exam was ordered by the judge after Salmon filed a motion requesting it, according to court documents obtained by ABC News.
In the motion, Salmon claimed that Lester, who is 86, is facing health conditions that could impair his ability to understand legal proceedings or assist in his defense at trial.
He said in the motion that Lester has lost more than 50 pounds, experienced issues with his memory and has exhibited confusion surrounding the details of the case. He also noted that Lester had also suffered a broken hip, heart issues and hospitalization since the case began.
Salmon also noted that Lester has faced “stress” due to “overwhelming media attention, as well as death threats and other unwanted attention, making it difficult for him to interact socially with anyone.”
Lester was charged with one count of felony assault in the first-degree and one count of armed criminal action, also a felony, in the shooting of Yarl, a Black teenager who mistakenly went to Lester’s Kansas City home after arriving at the wrong address to pick up his twin brothers from a play date on April 13, 2023.
Lester, who is white, pleaded not guilty later that month and was released on a $200,000 bond.
Yarl, who was 16 at the time, was shot in the head and in the right arm, by Lester, according to police. The now 18-year-old suffered a traumatic brain injury, his family previously told ABC News.
According to a probable cause statement obtained by ABC News, Lester told police that he “believed someone was attempting to break into the house” and grabbed a gun before going to the door because he was scared.
Yarl opened up about the shooting in an exclusive interview with Good Morning America co-anchor Robin Roberts in July 2023, where he reflected on his recovery and the harrowing experience.
“He points [the gun] at me … so I kinda, like, brace and I turn my head,” Yarl told Roberts. “Then it happened. And then I’m on the ground … and then I fall on the glass. The shattered glass. And then before I know it I’m running away shouting, ‘Help me, help me.'”
(WASHINGTON) — The crew of the Titan’s support ship felt a “shudder” around the time they lost contact with the submersible during its doomed dive to the Titanic shipwreck, the Coast Guard said Friday.
U.S. Coast Guard Marine Board of Investigation Chair Jason Neubauer revealed during the last day of a two-week hearing on the implosion that the master of the Polar Prince told them that in hindsight, he believes he felt the ship “shudder” around the time when communications with the sub were lost during the June 2023 expedition.
The statement was provided to the board in October 2023, when the unidentified master was asked if he or crew members heard anything indicating the OceanGate submersible imploded, Neubauer said.
“The answer from the master was, ‘With the benefit of hindsight, I now believe I felt the Polar Prince shudder at around the time communications were reportedly lost, but at the time, we thought nothing of it. It was slight,'” Neubauer said.
Capt. Jamie Frederick with U.S. Coast Guard Sector Boston, who testified Friday on the Titan search and rescue mission, said if that information had been reported immediately to the Coast Guard, that could have had a “drastic impact on the search efforts.”
“My initial reaction is, if that was information they have, to me personally, it would be unconscionable that they would not share that with the unified command,” Frederick said.
Neubauer added that from the crew’s perspective, the shudder was “not immediately connected to the event” so wasn’t reported to the Coast Guard.
Frederick detailed during his testimony the complex, international search and rescue response, which culminated with a remotely operated vehicle able to go to a depth of 6,000 meters finding the Titan debris on June 22 on the ocean floor.
“They discovered the tail cone first. And then as we continued to find additional debris, it became apparent that it had been a total loss,” he said.
The implosion killed all five passengers, including Stockton Rush, the co-founder and CEO of the sub’s maker, OceanGate. French explorer Paul Henri Nargeolet, British businessman Hamish Harding, Pakistani businessman Shahzada Dawood and his 19-year-old son, Suleman, were also killed.
Frederick said the responders understood the Titan had survival systems on board and that they “never even got to the point to have the discussion of suspension.”
“I wouldn’t even want to speculate on when that would happen,” he added.
Frederick also addressed knocking noises detected by sonar buoys in the vicinity of the search location the day after the Titan imploded. He said the data was given to the U.S. Navy, which determined two days later it was not anyone knocking on the hull of the Titan. “They were 100% certain that it was not human in nature,” he said.
He also addressed an “anomaly” consistent with an implosion that was detected by the U.S. Navy in the general vicinity of where the Titan was at the time communications were lost. He said he was informed of the data a day after the Titan was lost and the information was classified at the time.
“It was one piece of data. It wasn’t definitive,” he said. “The Navy couldn’t tell us that it was 100% definitive, that it was an implosion.”
Rush said he would ‘buy a congressman’ to make Titan problems go away: Ex-employee
A former OceanGate employee testified during the hearing on Friday that he resigned from the submersible company after Rush told him he would “buy a congressman” to make problems with its Titan vessel go away.
Matthew McCoy was an active duty member of the U.S. Coast Guard prior to joining OceanGate as an operations technician in April 2017 as the company was building the first Titan prototype, which was never used on Titanic dives. He said he quit six months later, in September 2017, a day after his conversation with Rush.
McCoy said he told Rush he was concerned about operating the experimental Titan vessel without a certificate of inspection and that it would not be inspected by the U.S. Coast Guard. He said Rush responded that the Titan would be operating in the Bahamas and launch out of Canada and would not fall under U.S. jurisdiction.
“I think I had expressed to him that still taking U.S. passengers on there for hire at any point in time, if they touched the U.S. land, you know, U.S. port, that would also be of consideration,” McCoy said.
He said the conversation became “tense” and ended with Rush saying that “if the Coast Guard became a problem, he would buy himself a congressman and make it go away.”
“That will stand in my mind for the rest of time,” McCoy said. “I’ve never had anybody say that to me directly, and I was aghast. And basically, after that, I resigned. I couldn’t work there anymore.”
Asked by the Marine Board of Investigation if he felt like Rush was trying to intimidate him or if it was “more like bluster,” McCoy said he felt like Rush was trying to “either intimidate me or impress me.”
McCoy, a member of the Coast Guard Reserve, said he wasn’t clear on the regulations for the sub but was concerned about potentially violating U.S. law. He said he considered whether to notify the Coast Guard but OceanGate hadn’t done any dives in the U.S. with Titan.
He said he subsequently learned of a complaint OceanGate whistleblower David Lochridge filed in 2018 with the Occupational Safety and Health Administration following his termination. McCoy said he thought there would be a “deeper investigation” into OceanGate at that point. Lochridge’s whistleblower retaliation case was closed in late 2018 after he and OceanGate entered a settlement agreement in their respective lawsuits, OSHA said. Lochridge’s safety allegations regarding the Titan were referred to the Coast Guard, OSHA said.
McCoy said there was an “alarm bell” before he quit that made him concerned about OceanGate’s operations and the production of the Titan’s carbon-fiber hull.
When he started, he said, it was “made very clear” OceanGate was working with the University of Washington’s Applied Physics Laboratory and Boeing, “so they had a lot of what sounded like legitimacy behind them, as far as the engineering.”
But he said he soon learned the company had broken ties with the laboratory and Boeing wasn’t going to be doing the layup for the carbon fiber. He said he felt OceanGate’s engineering department “didn’t seem overly qualified” and there were mostly “college interns” during the summer he was there.
He said after he left OceanGate he didn’t keep tabs on the company for long.
“I just kind of quit following the company, not thinking that they would ever actually dive the Titan,” he said.
Coast Guard investigation continues into ‘unprecedented’ incident
OceanGate suspended all exploration and commercial operations after the deadly implosion.
The main purpose of the hearing was to uncover the facts related to the implosion and to make recommendations, the Coast Guard said.
At the conclusion of the two-week hearing Friday afternoon, Neubauer said the Coast Guard will conduct an analysis of the evidence collected and issue any recommendations to the commandant of the Coast Guard “to help ensure that nobody has to endure a future similar occurrence.”
Neubauer said that process can take several months but his priority is to “get this investigation done expeditiously, because I feel there are global issues at stake.”
Any determination on potential criminal acts will also be sent to the commandant of the Coast Guard, who would decide whether to make a referral to the Department of Justice, Neubauer said.
The National Transportation Safety Board will issue a separate report on its findings, including their official determination of the probable cause of the incident, at a later date, Marcel Muise, an investigator with the agency’s Office of Marine Safety, said at the conclusion of the hearing.
Neubauer offered his condolences to the families of those killed and thanked the more than two dozen witnesses who testified in the proceedings.
“It takes courage to testify in the public spotlight, especially in the aftermath of a traumatic event,” he said. “The subject matter covered during the sessions was often highly technical and emotionally charged, and I’m grateful to each witness who stopped and assisted in our efforts to fully understand this unprecedented incident.”
