Service members sue Trump administration over transgender military service ban
Mandel Ngan/AFP via Getty Images
(WASHINGTON) — Lambda Legal and Human Rights Campaign, two leading LGBTQ+ advocacy groups, filed a federal lawsuit on Thursday challenging the Trump administration over the president’s executive order banning transgender people from serving in the military.
The lawsuit, which was obtained by ABC News, was filed in the U.S. District Court-Western District of Washington on behalf of six active duty transgender service members, a transgender person seeking to enlist in the military, as well as Seattle human rights organization Gender Justice League.
“By categorically excluding transgender people, the 2025 Military Ban and related federal policy and directives violate the equal protection and due process guarantees of the Fifth Amendment and the free speech guarantee of the First Amendment,” the lawsuit said. “They lack any legitimate or rational justification, let alone the compelling and exceedingly persuasive ones required. Accordingly, Plaintiffs seek declaratory, and preliminary and permanent injunctive, relief.”
U.S. Navy Commander Emily “Hawking” Shilling, who according to the lawsuit has been serving in the military for 19 years, criticized the ban in a statement, saying that the measure is “not about readiness or cohesion, and it is certainly not about merit.”
“It is about exclusion and betrayal, purposely targeting those of us who volunteered to serve, simply for having the courage and integrity to live our truth,” Shilling said.
The lawsuit comes after President Donald Trump signed an executive order on Jan. 28, rescinding Biden administration policies that permitted transgender service members to serve openly in the military based on their gender identity.
The order directed the Department of Defense to revise the Pentagon’s policy on transgender service members and stated that “expressing a false “gender identity” divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service.”
The order further argued that receiving gender-affirming medical care is one of the conditions that is physically and mentally “incompatible with active duty.”
“Consistent with the military mission and longstanding DoD policy, expressing a false ‘gender identity’ divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service,” the order continued.
“The assertion that transgender service members like myself are inherently untrustworthy or lack honor is an insult to all who have dedicated their lives to defending this country,” Shilling said in the statement.
Trump issued a similar order during his first term in office that was challenged in the courts and now HRC and Lambda Legal have joined other leading advocacy groups in challenging the order in the courts.
GLAD Law and The National Center for Lesbian Rights also filed a lawsuit against the Trump administration on behalf of six transgender service members on Jan. 28.
ABC News has reached out to the Trump administration but a request for comment was not immediately returned.
Jahi Chikwendiu/The Washington Post via Getty Images
(WASHINGTON) — Florida Gov. Ron DeSantis announced on Thursday that he is replacing Marco Rubio in the Senate with the state’s attorney general, Ashley Moody.
“This is a time for action and a time for Washington D.C. to deliver results to the American people,” DeSantis said at a news conference near Orlando. “There are no more excuses for Republicans.”
Rubio, who has served in the Senate since 2010, has been tapped by President-elect Donald Trump to be secretary of state. Rubio was on Capitol Hill on Wednesday for his confirmation hearing, during which he was pressed on Trump’s foreign policy goals.
DeSantis’ pick will serve the remaining two years of Rubio’s term.
Moody, 49, was a federal prosecutor and circuit court judge before she was elected in 2018 to serve as Florida’s attorney general.
DeSantis praised her as someone who has “stood strong time and time again” on Republican priorities on the economy, immigration and more. He noted her actions against the Biden administration on border policy, specifically, as attorney general.
“She understands the gravity of the moment,” he said. “We may not have an opportunity like this in the near future. This is a once-in-a-decade, maybe even once-in-a-generation opportunity, and this current Congress is ultimately going to determine whether we do usher in that revival of the American experiment or is just going to be status quo, passing the buck and nothing ever changes.”
This is a developing story. Please check back for updates.
(WASHINGTON) — President-elect Donald Trump shook hands with his former Vice President Mike Pence and spoke extensively with former President Barack Obama during the state funeral for late President Jimmy Carter on Thursday.
All five living U.S. presidents attended Carter’s service at Washington National Cathedral. Carter, the nation’s 39th president, died in late December at the age of 100.
Trump was the first of the presidents to arrive and sit in the second row, joined by his wife Melania Trump.
As he took his seat, Pence stood and the two men shook hands. It was a notable exchange as they have not interacted publicly in four years, after Pence broke with Trump by refusing his demands to unilaterally reject the 2020 election results.
Pence later launched his own campaign for the Republican nomination, though he dropped out before primary voting began. Pence also declined to endorse Trump for president.
Trump was seated next to Obama at the church. Before the program began, they were seen talking to one another and smiling in an extended conversation. Former first lady Michelle Obama was not in attendance.
Also in the second row were former President George W. Bush and Laura Bush, as well as former Secretary of State Hillary Clinton and former President Bill Clinton.
After they were all seated, Vice President Kamala Harris and second gentleman Doug Emhoff arrived and took their places in the front row.
Harris, who faced Trump in the 2024 election and lost, did not greet Trump but at one point looked back as Obama and Trump were chatting with one another.
President Joe Biden and first lady Jill Biden joined Harris and Emhoff in the front row. Biden will deliver the eulogy for Carter.
Other high-profile figures spotted at Carter’s funeral were former Vice President Al Gore, Biden’s son Hunter Biden and former Vice President Dan Quayle.
Special counsel Jack Smith’s final report lays out in no uncertain terms federal prosecutors’ position that Donald Trump — who is set to be inaugurated president in less than a week — would have been convicted on multiple felonies for his alleged efforts to unlawfully overturn the results of the 2020 election, had voters not decided to send him back to the White House in the 2024 election.
That was one of the primary conclusions included in Smith’s final report on his election interference investigation, which the Justice Department released early Tuesday morning after a federal judge, late Monday night, cleared the way for the report’s release.
The report lays out the probe that resulted in Trump being charged in 2023 with four felony counts of undertaking a “criminal scheme” to overturn the results of the 2020 election in an effort to subvert democracy and remain in power. Trump pleaded not guilty to all charges.
The case, as well as Smith’s classified documents case against Trump, was dropped following Trump’s reelection in November due to a longstanding Justice Department policy prohibiting the prosecution of a sitting president.
“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind,” the report said. “Indeed, but for Mr. Trump’s election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”
After conducting interviews with 250 witnesses voluntarily, calling 55 people to testify before the grand jury, executing dozens of subpoenas and search warrants, and sifting through a terabyte of publicly accessible data, Smith’s team concluded they could convince a jury beyond a reasonable doubt that Trump committed multiple federal crimes when he attempted to overturn the election, the report said.
“The throughline of all of Mr. Trump’s criminal efforts was deceit — knowingly false claims of election fraud — and the evidence shows that Mr. Trump used these lies as a weapon to defeat a federal government function foundational to the United States’ democratic process,” the report said.
For the first time, the report shed light on the internal deliberations of the prosecutors who sought to prove that Trump “engaged in an unprecedented criminal effort” while navigating the uncharted legal territory of charging a former president.
While prosecutors considered charging Trump with violating the Insurrection Act, Smith wrote that he opted against the approach because of the “litigation risk that would be presented by employing this long-dormant statute.” According to the report, prosecutors worried that Trump’s actions did not amount to an insurrection because he was already in power — rather than challenging a sitting government — when the riot took place. Smith also noted that his office did not obtain “direct evidence” of Trump’s “intent to cause the full scope of the violence that occurred on January 6.”
Smith also noted that the case against Trump presented unique challenges, including Trump’s “ability and willingness” to use social media to target witnesses, courts, and prosecutors with “threats and harassment.” Like any other case involving a conspiracy, prosecutors also expressed concerns about convincing witnesses to cooperate while the defendant still exerted influence and command over his alleged co-conspirators.
“That dynamic was amplified in this case given Mr. Trump’s political and financial status, and the prospect of his future election to the presidency,” the report said.
Despite those concerns, Smith’s report laid out how prosecutors planned to rebut Trump’s expected arguments to secure a conviction, laying out a play-by-play for how a trial would have proceeded had Trump lost the election.
If the former president argued that he acted in good faith when he claimed there was election fraud, prosecutors would present “strong proof” that Trump himself knew his claims of fraud were false. The report noted that Trump repeatedly noted in private how he lost the election, including berating Vice President Mike Pence for being “too honest” to challenge the results, telling his family “you still have to fight like hell” even if he lost the election, and remarking to a staffer, “Can you believe I lost to this f’ing guy?” after seeing Biden on television.
“This was not a case in which Mr. Trump merely misstated a fact or two in a handful of isolated instances. On a repeated basis, he and co-conspirators used specific and knowingly false claims of election fraud,” the report said.
If Trump argued he was following the advice of his lawyers, prosecutors planned to present evidence showing that his lawyers were acting as accomplices to the crime, preventing Trump from legally being able to employ the argument.
And if Trump argued that he was just using his First Amendment right when he challenged the election, prosecutors planned to highlight that Trump employed his statements to commit other crimes, including using false statements to defeat a government function, obstruct an official proceeding, and injure the right to vote.
“The Office was cognizant of Mr. Trump’s free speech rights during the investigation and would not have brought a prosecution if the evidence indicated he had engaged in mere political exaggeration or rough-and-tumble politics,” the report said. “The conduct of Mr. Trump and co-conspirators, however, went well beyond speaking their minds or contesting the election results through our legal system.”
In the report, Smith also detailed multiple interviews with various so-called “fake electors” who he said sought to cast votes for Trump — and admitted they would not have done so “had they known the true extent of co-conspirators’ plans.”
Smith told how investigators obtained Signal messages where “Co-Conspirator 4” — previously identified by ABC News as former DOJ official Jeffrey Clark — sent a message to Rep. Scott Perry saying he had received a highly classified briefing on foreign interference in the 2020 election that “yielded nothing” to support allegations of a stolen election.
“Bottom line is there is nothing helpful to P,” Clark’s message said, according to the report.
The report cites the handwritten notes of former Vice President Mike Pence that the special counsel obtained, about which Smith wrote, “In repeated conversations, day after day, Mr. Trump pressed Mr. Pence to use his ministerial position as President of the Senate to change the election outcome, often by citing false claims of election fraud as justification; he even falsely told Mr. Pence that the ‘Justice Department [was] finding major infractions.'”
Regarding the House select committee’s investigation into the Jan. 6 attack on the Capitol, the report said that probe only “comprised a small part of the Office’s investigative record, and any facts on which the Office relied to make a prosecution decision were developed or verified through independent interviews and other investigative steps.”
Volume One of Smith’s final report was released to the public early Tuesday after U.S. District Judge Aileen Cannon, following a weeklong court battle, ruled Monday that the Justice Department could release it.
Trump’s former co-defendants in his classified documents case, longtime aide Walt Nauta and staffer Carlos De Oliveira, had sought to block the release of both the classified documents volume and the Jan. 6 volume, but Cannon — who last year dismissed the classified documents case — allowed the public release of the Jan. 6 volume after determining that its contents have no bearing on the evidence or charges related Nauta and De Oliveira in their ongoing case.
After conferring with Smith, Garland determined that he would not publicly release Volume Two pertaining to the classified documents investigation because Nauta and De Oliveira’s cases were technically still on appeal.
In the classified documents case, 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. The former president, along with Nauta and De Oliveira, pleaded not guilty in a superseding indictment to allegedly attempting to delete surveillance footage at Trump’s Mar-a-Lago estate.
Smith resigned as special prosecutor on Friday after wrapping up the cases and submitting his report to Garland.
