Special counsel files notice of appeal in Trump’s classified documents case
(WASHINGTON) — Special counsel Jack Smith on Wednesday filed an official notice of appeal of Judge Aileen Cannon’s order dismissing former President Donald Trump’s classified documents case.
Judge Cannon, in a surprising ruling Monday, dismissed the case on the grounds that Smith’s appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.
Wednesday’s filing by Smith indicated that he will appeal the decision to the 11th Circuit Court of Appeals.
Representatives with the special counsel’s office said they would not be commenting further.
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.
Georgia Schools Superintendent Richard Woods announced on Wednesday that the state will restore public funding for Advanced Placement (AP) African American studies to be taught in public schools after seeking “guidance and clarity” from the state’s attorney general regarding whether state law permits its inclusion in the state-approved course catalog.
In a statement posted to the Georgia Department of Education website, the Republican school chief said that “It has “been determined that this law shall not restrict local school systems from adopting any AP, IB, or dual enrollment course,” as long as “these courses are implemented ‘in a professionally and academically appropriate manner and without espousing personal political beliefs,’” as outlined by the law.
“As I have said, I will follow the law. In compliance with this opinion, the AP African American Studies course will be added to the state-funded course catalog effective immediately,” Woods’ statement continued.
In his decision last month to pull public funding for the course, Woods cited Georgia’s House Bill 1084, Republican-backed legislation that became law in 2002 and that banned teaching “divisive concepts” in public school, including numerous concepts dealing with race and racism, including what is generally described as institutional racism.
But on Wednesday, Woods said that his decision to reverse course is based on a determination by Georgia Attorney General Chris Carr, who said in a letter sent to “the sponsor of [HB 1084]” that “this law shall not restrict local school systems from adopting any AP, IB, or dual enrollment course,” and that “Each such course will be exempted from the provisions of the divisive concepts legislation, so long as these courses are implemented “in a professionally and academically appropriate manner and without espousing personal political beliefs.”
Woods’ statement did not name HB 1084’s sponsor, but the bill was authored by state Rep. Will Wade.
Carr said in that letter, which was obtained by ABC News, that HB 1084 was “not to be construed or applied to somehow prohibit the implementation of advanced placement, international baccalaureate, or dual enrollment coursework.”
“The only limitations placed on such coursework by [HB 1084] are that it is implemented ‘in a professionally and academically appropriate manner and without espousing personal political beliefs.'”
A spokesperson for Carr told ABC News on Wednesday that the letter reflects his view on state funding for the AP African American studies course.
ABC News reached out to Wade’s office for further comment, but the request was not immediately returned.
A representative for the Georgia Senate told ABC News that despite the reversal, Democratic lawmakers from both of the state’s legislative chambers are still expected to hold a previously scheduled hearing on the issue on Thursday.
Woods’ July 23 decision to prohibit the teaching of AP African American studies in Georgia public schools was met with weeks of backlash from state Democratic lawmakers, educators and students, who urged the superintendent to reverse his decision.
“From the beginning, we knew that Woods was wrong,” Democratic Sen. Nikki Merritt wrote Wednesday on X. “This is a victory today for our students, teachers, and Black History demonstrating the potential of community involvement.”
Merritt previously criticized Woods’ decision during a July 24 press conference at the Georgia State Capitol, where a group of Democratic lawmakers and advocates called on Woods to restore funding for the AP African American studies course and argued that it has been unfairly targeted.
“This course is the only AP course removed. And we’re left wondering why. I can tell you it’s not about funding,” Merritt said during the event.
While the state rejected funding for the AP course, school districts still had the option to offer courses on African American studies as a topic, but Merritt said that was “not good enough.”
“Explain to me why this course is being singled out and is no longer eligible for state funds,” she added.
Woods said in his statement Wednesday that the exemption will require that a disclaimer be added to all AP courses in the Georgia course catalog, which in part says that “Advanced Placement (AP) courses and their instructional frameworks and curriculum are solely owned and endorsed by the College Board. The contents of these courses have not been reviewed or approved by the Georgia Department of Education.”
The disclaimer further advises school districts to “use a process for reviewing, approving, and adopting AP courses and instructional frameworks that engages students, parents, educators, and community stakeholders.”
“Curricula and training should abide by state and local policies, including House Bill 1084 – which requires that the curriculum of exempted AP courses be implemented in a professionally and academically appropriate manner and without espousing personal political beliefs,” the disclaimer concludes.
The inclusion of AP African American studies in public schooling has become a politically charged topic in many states. Florida, South Carolina and Arkansas have also recently pulled public funding for the course.
ABC News’ Mariama Jalloh contributed to this report.
(NEW YORK) — Before he allegedly killed four members of his family with a pump-action shotgun, a New York auto mechanic displayed obvious signs of distress and issued threats that were the talk of his neighborhood, but police said no one told them.
The quadruple homicide in the Long Island town of Syosset might have been avoided had someone with knowledge of the mental health issues 59-year-old Joseph DeLucia Jr. exhibited leading up to Sunday’s killing had called 911.
“As a community, we hear things, we know things, we see things. If we don’t say something, sometimes the outcomes are like what we got [Sunday],” Nassau Police Commissioner Patrick Ryder said at a news conference on Monday.
Ryder said if police had known of DeLucia’s condition, they might have been able to enforce New York’s “red flag” laws, enabling them to seize the Mossberg 12-gauge shotgun before he allegedly used it to fatally shoot his family members and himself.
The commissioner said a preliminary investigation found that there was talk in that community about the distress DeLucia was under after his mother, whom he lived with at the family home on Wyoming Avenue up to her death from natural causes on Aug. 19.
The victims were identified by police as Joanne Kearns, 69, of Tampa, Florida; Frank DeLucia, 64, of Durham, North Carolina; Tina Hammond, 64, and her daughter, Victoria Hammond, 30, both of Patchogue, New York.
The killings unfolded while DeLucia and his relatives were gathered Sunday at the family home to meet with a realtor about selling the residence over his objections, police investigators said.
DeLucia had allegedly become upset that he was going to be displaced from the home he had lived in his entire life without another place to go, officials said, citing preliminary information gathered by detectives.
Ryder said homicide investigators are probing unconfirmed reports that DeLucia had voiced threats to neighbors about using a gun to commit violence. He said neighbors told homicide detectives that days before the shooting DeLucia made threatening statements, saying, “If you hear gunshots, don’t bother calling 911. It’s going to be too late.”
“These are things that are disturbing to us in law enforcement. We open up so many avenues to use for help. Call 911, call the local precinct, or come down and visit us and talk to us. We will keep it anonymous,” Ryder said. “There are laws that are put in place to make sure individuals that are suffering through some mental health issues or current stress that we can remove weapons, like the ‘red flag’ laws.”
The shooting unfolded just before noon on Sunday when a 911 call was made by a neighbor reporting that DeLucia, who police said worked as a mechanic for a local auto dealer, had shot himself on the front lawn of his home, said Detective Capt. Stephen Fitzpatrick of the Nassau County Police Department’s homicide squad.
After finding DeLucia on the front lawn, officers discovered four bodies in a den at the back of the residence, Fitzpatrick said. He said all of the victims had been shot multiple times and that the gunman likely reloaded the shotgun during the killings.
“He did have past mental issues, psychological issues that were reported to us that we still have not confirmed,” Fitzpatrick said.
Fitzpatrick said that DeLucia was not only distressed and panicked about being displaced from a home he had lived in his entire life, the suspect also thought he was being cut out of his mother’s will, a belief other relatives told investigators was inaccurate.
“Because of that perception, [DeLucia] decided that day to get a loaded Mossberg shotgun, 12 gauge, approach them in the rear area of the house and from the kitchen fired 12 shots striking all four of them multiple times,” Fitzpatrick said at Monday’s news conference. “He then took the weapon, went out onto the front lawn, was shouting indiscriminately about what had happened. A neighbor heard him doing this, called 911 and that was our 911 caller. He then self-inflicted a shot to the chest and killed himself.”
Fitzpatrick said police records showed officers had been called to the house once before in 2022 to conduct a welfare check on DeLucia.
“He was not displaying any signs of anything that we would take action and take him against his will, that he was dangerous to himself or others at the time,” said Fitzpatrick, adding that DeLucia also had a prior arrest on his record for driving while impaired in 1983.
Fitzpatrick said police are still investigating where and when DeLucia obtained the shotgun, which he said had not been modified and was a legal weapon. He said detectives have found no records showing DeLucia had a handgun permit.
New York enacted red flag laws in 2019 and Gov. Kathy Hochul signed a law in September 2023 strengthening the laws, also called Extreme Risk Orders of Protection. State records, according to the governor’s office, show that New York State Police filed 1,385 Extreme Risk Orders of Protection to seize 2,549 guns in 2023.
Besides New York, 20 other states have enacted red flag laws within the past six years.
Commissioner Ryder said the lesson that should be taken from Sunday’s massacre is to “speak up.”
“This is 2024. We will protect you, we will protect your identity,” Ryder said. “Tell us what you hear. Tell us what you see.”
(NEW YORK) — Three major wildfires were raging across Southern California Tuesday, threatening thousands of homes as firefighters and the state National Guard were battling to bring the flames under control amid a triple-digit heatwave, officials said.
The Line Fire in San Bernardino County, the Airport Fire in Orange County and the Bridge Fire in Los Angeles County are all being fueled by extremely dry vegetation and spreading rapidly, officials said.
The Line Fire
As of Tuesday afternoon, the Line Fire was threatening 65,600 structures, including homes and commercial properties, according to the California Department of Forestry and Fire Prevention (Cal Fire).
Fire crews achieved 5% containment on the blaze on Monday night as Gov. Gavin Newsom deployed the state National Guard to support the ongoing response to extinguish the blaze.
While evacuation orders were issued for 9,200 structures in the area, with another 56,400 structures under evacuation warnings, Cal Fire said no buildings have been destroyed or damaged.
“We’re pouring resources into this incident aggressively by deploying more air and ground support through the California National Guard,” Newsom said in a statement. “This is on top of nearly 2,000 firefighters, nearly 200 engines, and air assets we already have tackling this fire. California stands with these communities and has their backs.”
Newsom said the California National Guard will support the ongoing response to the Line Fire, the cause of which remains under investigation. Eighty troops split into four 20-person teams and one military police company have been sent to the fire scene to assist the San Bernardino County Sheriff’s Department with traffic control in evacuated areas.
National Guard troops are also helping firefighters battle the flames. Four UH-60 Blackhawk helicopters for water bucket dropping operations and two C-130 aircraft with Modular Airborne Fire Fighting Systems are among the resources deployed by the National Guard, Newsom said.
The fire, which ignited Sept. 5, is burning in steep and rugged terrain, making access difficult, Cal Fire said. Firefighters are working to build “control lines” to contain the blaze.
“Stronger winds are predicted Tuesday which could help fire spread and contribute to longer range spotting. Mid-week cooling may moderate fire activity and increase fuel moistures,” Cal Fire said.
The Airport Fire
Another major fire in Southern California broke out Monday afternoon in an unincorporated area of Orange County, prompting the evacuations of 1,427 homes, according to Cal Fire. The fast-moving Airport Fire in Trabuco Canyon in the hills southeast of Irvine had burned 9,333 acres by Tuesday afternoon, according to Cal Fire.
The fire was 0% contained Tuesday afternoon, according to Cal Fire.
Two firefighters battling the blaze were hospitalized with heat-related injuries and one civilian suffering from smoke inhalation was also treated at a hospital, Cal Fire said. The Fire was burning in the direction of the Cleveland National Forest.
At least four people, including a couple and their 3-year-old child who were hiking on a trail in the area, had to be airlifted to safety, officials said. A man and his cats were airlifted to safety from their home, officials said.
Several emergency communication towers on Santiago Peak in the fire zone, as well as towers operated by local broadcasting stations, were being threatened by the fire, officials said.
As of Tuesday afternoon, no structures had been destroyed or damaged, according to Cal Fire.
The Airport Fire began around 1 p.m. PT on Tuesday, sparked by county public works crews working on a fire prevention project by trying to move boulders to prevent public access — mostly by motorcyclists — to an area of the canyon with a lot of dry vegetation that could ignite easily, officials told ABC Los Angeles station KABC.
“The fire has been classified as unintentional,” said Orange County Fire Authority Deputy Chief TJ McGovern.
At least 1,000 firefighters were battling the blaze Tuesday.
The Bridge Fire
Elsewhere, the Bridge Fire, which started on Sunday afternoon in Los Angeles Country, had burned 4,178 acres as of Tuesday afternoon. The fire north of Azusa in the Angeles National Forest was 0% contained.
Evacuation orders are in place for a mobile home park, campgrounds and a small river community.