Special counsel asks judge to pause his appeal in Trump’s classified documents case
(NEW YORK) — Special counsel Jack Smith on Wednesday asked a federal appeals court to pause his appeal of the dismissal of President-elect Donald Trump’s classified documents case.
The move is part of Smith’s winding down of his two cases against Trump — the classified documents case and the federal election interference case — due to longstanding Department of Justice policy that prohibits a sitting president from facing criminal prosecution while in office.
“As a result of the election held on November 5, 2024, one of the defendants in this case, Donald J. Trump, is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” the filing said.
Smith asked to hold the appeal in abeyance and push the next filing deadline until Dec. 2 to “to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
Trump pleaded not guilty last year 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 get the documents back.
District Judge Aileen Cannon, a Trump appointee, dismissed the case against Trump and his co-defendants this summer, ruling that Smith’s appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.
Prosecutors then appealed that decision to the Atlanta-based United States Court of Appeals for the Eleventh Circuit.
The judge in Trump’s federal election interference case paused all upcoming deadlines in that case last week, following a request from Smith.
(WASHINGTON) — Some ex-pats living abroad, including active-duty service members and their family members, are sounding the alarm after Republicans in three swing states have tried to delay accepting and counting overseas absentee ballots.
And there is already fear among Americans at home and abroad that no matter what the result, the damage has already been done, according to Sarah Streyder, the executive director of Secure Families Initiative, a nonpartisan non-profit that advocates for military families’ rights.
“We are already hearing military voters from all states who feel discouraged from participating, if they have concern that their ballot won’t even be counted,” Streyder, who is stationed in England with her husband a Space Force member, told reporters in a video news conference with other advocates Friday.
Election officials and other political science experts say the suits filed in Pennsylvania, Michigan and North Carolina in the last couple of weeks have no merit. The Republican plaintiffs, however, claim state election offices created loopholes that could allow ineligible people to vote through overseas absentee ballots.
GOP casts doubt on absentee ballots, election officials push back
On Sept. 30, five Pennsylvania GOP House members running for re-election — Guy Reschenthaler, Dan Meuser, Glenn Thompson, Lloyd Smucker and Mike Kelly — filed a suit against Al Schmidt, the secretary of the Commonwealth and Deputy Secretary for Elections Johnathan Ivlarks accusing them of providing guidance to local election offices to not allow ID requirements for their foreign absentee voters.
“The Commonwealth’s practice is an illegally structured election process which makes Pennsylvania’s elections vulnerable to ineligible votes by individuals or entities who could purport to be…eligible, register to vote without verification of identity or eligibility but receive a ballot by email and then vote a ballot without providing identification at any step of the process,” the plaintiffs in the Pennsylvania suit alleged.
Reschenthaler is the only member of the five plaintiffs with military experience as he previously served as a United States Navy Judge Advocate General’s Corps attorney from 2009 to 2012, according to his bio. He was deployed to Iraq during his tenure with JAG.
The Pennsylvania Secretary of State’s office said in a statement that the lawsuit is “nothing more than an attempt to confuse and frighten people ahead of an important election,” and the state law ensures that all overseas ballots that are sent out are eligible.
“Ballots cast by ineligible voters occur at extremely low rates and are routinely investigated and prosecuted by the appropriate authorities when they occur. Individuals registering to vote must affirm that the information they submit is accurate, with any false statement subjecting them to a potential felony conviction, prison sentence and substantial fine,” the office said in a statement.
Pennsylvania election officials could not immediately provide ABC News data on how many absentee ballots have currently been sent overseas and how many of those ballots have been returned.
The Republican National Committee filed a pair of lawsuits in North Carolina and Michigan last week arguing their state rules are violating federal law and allowing ex-pats to vote despite never residing in their state.
In both suits, the RNC officials allege that the states’ election officials have not created a secure system to verify that an overseas voter is an American and have specifically called out provisions in their election laws that permit spouses or dependents of military or overseas voters to vote in elections based on the residency of the military or overseas voter.
“As a result, certain people who have never resided in Michigan (or perhaps anywhere else in this country) are registering to vote and voting in Michigan elections,” the plaintiffs in the Michigan case claim in their filing.
Similar language was used in the North Carolina lawsuit.
Michigan Attorney General Dana Nessel filed amicus briefs this week seeking to dismiss her state’s case, contending that the plaintiffs have no standing in their claims.
“Challenging a decades-old statute in this frivolous manner is both irresponsible and abusive. Their actions are a clear attempt to sow doubt about the integrity of the election and suppress the legitimate votes of American citizens,” she said in a statement.
Nessel noted that absentee ballots have already been sent out to Michigan voters living overseas, and the RNC failed to file a timely notice of intent to sue under the Michigan Court of Claims Act.
Patrick Gannon, a spokesman for the North Carolina State Board of Elections, echoed that sentiment and maintained the state law allowing military family members to vote in the state is valid.
“North Carolina lawmakers adopted this law more than 13 years ago, as a way to implement a federal law that required states to make voting more accessible for military families and other citizens living abroad. It has been part of our state’s law for every election since then,” he said in a statement.
As of Friday afternoon, over 22,000 Michigan military and overseas voters have requested ballots for the general election, according to data from the Michigan Secretary of State’s office. Of that number, almost 8,000 voters have already completed and submitted their ballots to be counted, the data showed.
As of Friday afternoon, 8,451 North Carolina absentee ballots have been requested by military members and 20,571 ballots have been requested by civilians living overseas, according to data from the North Carolina State Board of Elections.
Of those requests, 8,331 ballots were sent to the military members and 2,434 of those have been returned and accepted, the board said. There have been 20,449 absentee ballots sent to other ex-pats, and 10,481 of those ballots have been returned and accepted, according to the data.
Veterans, ex-pats furious over the move
Ray Kimball, a veteran who serves as an Arizona volunteer for the nonpartisan advocacy group Veterans for All Voters, told reporters on Friday he was furious about allegations made by officials who questioned the validity of absentee ballots back in 2020.
Kimball, a former Pennsylvania voter who said he mostly voted by mail when he was deployed overseas, said he was appalled that “partisan actors are doubling down,” despite the lack of evidence to their claims.
“I took that as a personal insult to what I and tens of thousands of Americans including service members and civilians abroad have been doing for years prior to this narrative,” he said.
One of the biggest concerns from legal experts and overseas voters is the request in all three lawsuits to segregate the foreign absentee ballots and stop counting them until the person can be verified.
Susan Dzieduszycka-Suinat, the president and CEO, of U.S. Vote Foundation, a nonprofit group that provides ex-pats with resources to help cast their vote, told reporters that this move was done to “just reduce the number of ballots counted overall.”
“It is a complete disenfranchisement of U.S. citizens,” Dzieduszycka-Suinat, who lives in Munich, said. “We are U.S. citizens. We do have a secure voting process.”
Philadelphia City Commissioner Lisa Deeley told reporters that she has concerns that if the request is granted, it would put extra unnecessary work on the already overtaxed election workers.
“All that time, energy and effort doing that, that further chips away at people’s confidence in the election,” she said.
Lawsuits are just the beginning: Expert
Michael Traugott, research professor emeritus in the Center for Political Studies at the University of Michigan, told ABC News that the three suits are part of a strategy by Republican leaders aimed at sowing doubt in the election results in the months to come.
He predicted the three suits will be dismissed, especially in Michigan where he said the secretary of state’s office has been efficient for determining voter eligibility.
“They do this in a very careful and systematic way and it’s worked,” he said.
Traugott said that election offices will be prepared for these attacks but they may not be able to control the public relations damage that the suits cause.
Kimball, however, said he believed that the majority of voters want more access to their right to cast a ballot.
“Bottom line this should not be a partisan issue. We should get behind the idea of Americans voting wherever they are all over the world,” he said.
(BUTLER, Pa.) — Former President Donald Trump is set to return to the site of his first assassination attempt in Butler, Pennsylvania, for a rally marked by enhanced security measures around the fairground as supporters call Saturday’s rally a healing moment.
With security at the forefront of people’s minds, officials have taken extra precautions to keep Trump and his supporters safe in the wake of enhanced threats. Semi-trailers have formed a perimeter around the fairgrounds so nobody outside can see in, a contrast to the summer’s rally where spectators had a clear vantage point inside from outside the rally perimeter.
Additionally, the unmanned building that Thomas Matthew Crooks was able to scale and get a clear shot at Trump is now barely visible, with semi-trailers and a tall riser placed in between. Multiple counter snipers are making themselves very visible on the roof of every surrounding building.
Saturday’s rally is expected to feature extensive programming focused on remembering the events of July 13, as well as honoring the resiliency of the Butler community before the former president takes the stage to finish his speech from the summer.
The campaign is also dedicating several moments throughout the program to Corey Comperatore, the rallygoer who was killed while shielding his family. His firefighter uniform is in the stands of where he was sitting in July in memory of him.
Several first responders spoke ahead of Trump, including the doctor who was attending Trump’s rally and attempted to save Comperatore’s life along with Sally Sherry, an ER nurse who helped treat Trump.
“The man that we all see on TV with the strong personality, who sometimes doesn’t mince words, or who is seen as a wealthy, powerful businessman, was not the man that I stood beside that evening. What I saw was a man that in the aftermath of one of the most terrifying experiences of his life, showed resiliency,” Sherry said.
“He showed strength and courage. He showed that his family was at the forefront. He was a husband, a father and a grandfather. He was compassionate and grateful,” she continued.
Many of the rally attendees ABC News spoke with on Saturday said they were here in July, clearly remembering the moment shots rang out in the midst of Trump’s speech nearly three months ago.
They said the violence and tragedy that took place here on July 13 did not discourage them from coming back, instead the experience reinforced their support for Trump.
“There’s an electricity that’s here in this crowd,” said Barry Murray, 29, of Butler, Pennsylvania, who was at the July rally with his girlfriend. “I think a word that could describe it is, altogether, is just strength – strength and unity. I think one of the main goals of being the leader of a nation like America is to be able to unite people, not divide people.”
Brooke Goshen of Beaver, Pennsylvania – a mother of four – attended the July rally with two of her teenage kids and came back to Butler Farm Show with one of them.
“I knew that the security presence was gonna be upgraded a lot this time, so we decided to give it a shot and come back to this historic rally,” Goshen told ABC News about her decision to come back. She also said she was excited to see Elon Musk.
Dave Nacey of Apollo, Pennsylvania, wasn’t at the July Butler rally but decided to attend today’s rally because he felt the need to show more support today.
“I feel that the support needs to be there 100% from everybody,” Nacey said.
(PHOENIX) — Kristin and Dave Gambardella never expected the journey of growing their family to include an abortion procedure, but in summer 2023, the married couple nevertheless found themselves in a Planned Parenthood parking lot in Albuquerque, New Mexico, a seven-hour drive from their home in Tucson, Arizona.
A week beforehand, a routine blood test at 17 weeks into Kristin’s pregnancy had come back with devastating results. A follow-up ultrasound confirmed her doctors’ fears. The fetus had a severe genetic abnormality.
“They told us it was really a guaranteed short life, full of pain and surgeries and constant medical care,” Gambardella said. “Dave is a stoic person,” she said of her husband, “and I remember he just broke down and lost it. And that’s when I really felt that feeling in my gut that was like, wow, this is pretty catastrophic.”
In deciding to end the pregnancy, the Gambardellas realized they weren’t only tasked with an agonizing decision for their family — they also had an Arizona law to contend with, which would prevent them from seeing any of their own doctors for the procedure.
“The doctor, I remember, she looked at me and her eyes just looked really sad. And she said, ‘No, you can’t come here. We can’t do that procedure for you. You’d have to leave the state’,” Gambardella said.
Arizona’s abortion ban
In Arizona — one of 21 states that has enacted abortion restrictions since the end of Roe v Wade — abortion is banned after 15 weeks, except for medical emergencies endangering the life of the mother. Gambardella didn’t qualify for that exception.
“As someone who has always believed in a woman’s right to make decisions about her own bodies, it was such a turning point in my understanding on just how much abortion care is interconnected with fertility care and the act of wanting to have a baby,” Gambardella said.
The experience inspired her to join the campaign to pass Proposition 139, a ballot measure that would enshrine in Arizona’s state constitution the right to an abortion until fetal viability.
Arizona is one of 10 states in the country that have such measures on the ballot this November, including Florida, Colorado, Maryland, Missouri, Montana and Nebraska.
This large push nationwide comes as abortion access remains one of the most important issues to voters this election — and the top issue for women under 30, according to an October survey by KFF, the nonpartisan health policy organization.
Where the candidates stand
Democrats hope that the issue could drive enthusiasm for Vice President Kamala Harris, who has centered her campaign on restoring reproductive rights and attacking former President Donald Trump for nominating the conservative Supreme Court justices that voted to overrule Roe v. Wade.
Trump, who has repeatedly shifted his position on abortion from supporting a federal ban to declaring that he would not pass one, while remaining open to other reproductive health care restrictions, maintains that he will “protect women,” but is sparse on details.
It’s not clear, however, if abortion-access ballot measures will alter the outcome of the presidential race in a swing state like Arizona. Voters could split the ticket — voting to enshrine abortion access, but prioritizing other issues in their presidential choice.
Trump is leading Harris in Arizona by two points, according to 538’s latest polling average, even as polling so far has shown the abortion access amendment in Arizona to be widely popular, with about 60% of likely voters saying they’ll support it.
That level of support is in line with the success of abortion rights ballot measures in other states over the last two years since Roe v. Wade was overruled. Reproductive rights ballot measures have passed every time they’ve been on the ballot, whether the state leans Republican, Democrat or is closely divided like Arizona.
Susan Ashley, a retiree and a volunteer for the Arizona for Abortion Access campaign, says her “fury” over Roe vs. Wade being overturned drove her to make the initiative her “full-time job right now.”
“I’ve been an active voter, but I’ve never been involved in an event where there were so many passionate volunteers. And so this struck a nerve,” Ashley said.
Efforts on the ground
Athena Salman, a former Arizona state representative and director of Arizona campaigns for Reproductive Freedom for All, was at Ashley’s side for door-knocking in mid-October, in the 90-degree heat.
The two women spoke to nearly a dozen registered Independents in a neighborhood of Chandler, Arizona, a suburb of Phoenix. Each voter they spoke to said they were supporting the ballot measure.
“I think it really shows that Arizonans are just fed up with their reproductive freedom being up in the air and they’re ready to take action and get the government interference out of our personal decisions,” Salman said.
Though Arizona currently bans abortion at 15 weeks, the state saw all abortions halted for four months in the summer of 2022 when a ban from 1864 was revived. It nearly took effect again in the spring of 2024, but the Arizona state legislature repealed it after massive outcry from residents and a push from the Democratic Gov. Katie Hobbs and Attorney General Kris Mayes.
To Cindy Dahlgren, spokesperson for the campaign against the abortion access ballot measure, the legislature’s decision to repeal the near-total abortion ban and keep a 15-week ban should put people at ease.
“Proponents play on those fears and that confusion by saying there’s a ban when there’s not a ban,” she said, arguing that the current law only curtails the procedure but doesn’t fully ban it. “I would also point out that it was the legislature that repealed that law. And there doesn’t seem to be an appetite to put that law back in.”
Her campaign, called “It Goes Too Far,” argues that enshrining abortion access until fetal viability would remove too many restrictions around abortion, leaving it too unregulated.
“The choice really in November is not between abortion or no abortion. It’s between limited abortion and safety precautions and a doctor and parents involved or unlimited and unregulated abortion,” Dahlgren said.
Asked about cases like Gambardella’s, where pregnancy complications arise in the second trimester, or women who experience rape or incest and do not qualify for an exception, Dahlgren said, “we do not have to enshrine a very extreme abortion amendment to care for those victims.”
But Dr. Misha Pangasa, an OB-GYN with Planned Parenthood, one of only nine clinics in Arizona providing abortion care, said she doesn’t want to leave reproductive rights up to the political makeup of the state legislature anymore.
“The idea that Arizonans health care is at the whims of whichever legislature is holding the majority is never going to be the best way for people to get the best care,” Pangasa said.
There are currently around 40 laws that restrict abortions in the state of Arizona, which Pangasa said have already significantly impacted her ability to provide care to pregnant patients.
“Pregnancy is complicated and decisions at various stages are hard. And I am the one there helping support them. And what I wish that our government would do is just let me,” Pangasa said.
Pangasa said she sees patients like the Gambardellas on a regular basis.
“To be honest, it’s a really heartbreaking moment to be in when I talk to my patients and say, if you were in a different state with me right now, I would tell you that these are your options. But because we’re in Arizona, an abortion is just not an option,” she said.