Special counsel files sealed court brief supporting his Jan. 6 case against Trump
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(WASHINGTON) — Special counsel Jack Smith’s lengthy court brief seeking to justify his latest superseding indictment against former President Donald Trump on charges that he sought to subvert the 2020 election has been filed under seal with U.S. District Judge Tanya Chutkan, a spokesperson for Smith’s office confirmed to ABC News Thursday.
“We have complied with the court’s order,” spokesperson Peter Carr said.
The brief presents Smith’s argument on how the Supreme Court’s ruling on presidential immunity applies to the former president’s criminal case.
Whether any portions of the filing will be made public now rest in Judge Chutkan’s hands.
Smith has also filed a proposed redacted version of the filing that his office determined would be appropriate for public release.
Trump’s defense attorneys will have a chance to make their own counterarguments objecting to the release of information in the brief.
Chutkan on Tuesday granted Smith’s request to file an oversized 180-page brief, exceeding the standard 45-page limit.
In July, the Supreme Court ruled in blockbuster decision that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office — effectively sending the case back to Chutkan to sort out which charges against Trump can stand.
Smith then charged Trump, in a superseding indictment, with the same election interference offenses in the original indictment, but pared down and adjusted to the Supreme Court’s presidential immunity ruling.
Chutkan subsequently ruled that Smith could file a comprehensive brief supporting his presidential immunity arguments.
Mayor Eric Adams exits the Thurgood Marshall Courthouse after making the first appearance in his corruption case on October 2, 2024 in New York City. (Alex Kent/Getty Images)
(NEW YORK) — It is “possible” New York City Mayor Eric Adams could face additional charges and additional defendants are “likely” to be added, prosecutors said during a court hearing Wednesday, a week after a sprawling, five-count indictment was unsealed against the embattled politician.
“We’re moving quickly,” the prosecutor, Hagan Scotten, said. “We think that is quite likely.”
Adams has pleaded not guilty to charges that accused him of engaging in a long-running conspiracy to solicit and accept illegal foreign contributions.
Alex Spiro, Adams’ lawyer, criticized prosecutors, saying in a statement following the hearing: “The prosecution is desperately now saying they ‘could’ bring a new case because they are suddenly facing dismissal of their actual, flawed case and sanctions for misconduct. This is the sort of nonsense that prosecutors say when they don’t have a real case. If they had a real case, they would have brought it.”
The investigation into Adams began in the summer of 2021, “before the defendant had even become mayor,” Scotten said, revealing a timeframe not previously known.
The investigation unearthed text messages, emails and records from Turkish Airlines that Scotten said show the mayor tried to “create the illusion” he properly paid for certain flights when, in fact, he had not.
“It’s a bribe and it’s against the law,” Scotten said.
“Multiple” witnesses who participated with Adams in the charged conduct and witnesses who made illegal donations are expected to testify, prosecutors said.
Prosecutors also said they have evidence Adams sought to tamper with witnesses.
According to Scotten, after a witness was approached by the FBI during the investigation, that person was given “a clear message from the defendant they should not tell the truth to the FBI.”
The witness was not named, but Scotten called it a “significant instance of witness interference in this case.”
Adams patted the shoulder of a woman he seemed to recognize as he made his way to the defense table for his first hearing before the judge presiding over his federal bribery prosecution.
The mayor’s defense lawyer has asked the court to dismiss the bribery count and, separately, to sanction the prosecution over purported leaks. The defense urged the court to move quickly.
“We do not want this case dragging out,” Spiro said.
Spiro said Adams’ trial should start and end in March to give him time to secure a spot on the ballot for reelection. Adams, who was elected in 2021, is up for reelection in 2025.
“We want to get this to trial,” Spiro said. “They indicted the sitting mayor of New York.”
Spiro expressed confidence the bribery count would be dismissed and Adams acquitted.
“We want this case to be done with in March,” Spiro said.
Judge Dale Ho agreed the public and the mayor have a “strong interest” in a speedy trial, but he declined to immediately set a trial date. Prosecutors suggested a May trial date.
Prosecutors said they expect the trial to last about four weeks, while the defense said it would be much shorter.
Ho gave prosecutors until Oct. 18 to reply to the defense motions with oral arguments on Oct. 31.
Adams, a Democrat and former police captain, has said he plans to fight the charges, which last week he called “entirely false,” and does not plan to resign as leader of the largest city in the country.
(MIAMI, FLORIDA) — As Election Day nears, Donald Trump is continuing his long-standing effort to recast the violent events of Jan. 6, 2021, now calling it a “day of love” even as he tries to distance himself from what happened.
A Republican audience member, during a Univision town hall on Wednesday, pressed Trump on his actions that day as thousands of his supporters stormed the U.S. Capitol, temporarily disrupting the congressional certification of President Joe Biden’s victory.
“I want to give you an opportunity to win back my vote,” the participant said, adding he found Trump’s actions and alleged inaction on Jan. 6 a “little disturbing” and wanted to know why some of Trump’s former top administration officials are no longer supporting him — some even calling him a danger to national security and democracy.
Trump quickly went on defense and in the process repeated some false or misleading claims that have been long disproved or debunked.
The former president said he “totally disagreed” with then-Vice President Mike Pence’s adamance to his constitutional duty to uphold the certification process and not unilaterally reject the election results. Pence has said he is not endorsing Trump this cycle.
Trump then claimed thousands of his supporters who traveled to Washington “didn’t come because of me,” despite his posting on social media in mid-December 2020 that there would be a “big protest” on Jan. 6.
“Be there, will be wild!” Trump famously wrote on Twitter, where he’d amassed some 88 million followers.
One man who admitted to illegally entering the Capitol that day, Stephen Ayres, testified in court documents and before the House Jan. 6 committee that he was influenced heavily by Trump’s activity on social media to come to Washington for the rally at the Ellipse.
“They came because of the election,” Trump said on Wednesday. “They thought the election was a rigged election, and that’s why they came. Some of those people went down to the Capitol but I said peacefully and patriotically. Nothing done wrong at all.”
Trump went on to say, “Ashli Babbitt was killed. Nobody was killed. There were no guns down there.”
Babbitt, a 35-year-old Trump supporter and Air Force veteran, was fatally shot by a U.S. Capitol Police officer as one of a group of rioters who tried to break into the House floor through barricaded entrances near the Speaker’s Lobby.
She was one of several people who died during or after the riot of various causes. Four officers who responded to the Capitol attack later died by suicide. Capitol Police Officer Brian Sicknick, who was pepper sprayed by rioters, suffered strokes and died the next day. A Washington medical examiner determined he died of natural causes but said his experience that day played a role.
The Justice Department has noted that in court it has been proven that “weapons used and carried on Capitol grounds include firearms; OC spray; tasers; edged weapons, including a sword, axes, hatchets, and knives; and makeshift weapons, such as destroyed office furniture, fencing, bike racks, stolen riot shields, baseball bats, hockey sticks, flagpoles, PVC piping, and reinforced knuckle gloves.”
More than 1,500 people have been federally charged with crimes associated with the Capitol attack, the Justice Department said earlier this year. That includes 571 charged with assaulting, resisting, or impeding law enforcement agents and 171 defendants charged with entering a restricted area with a dangerous or deadly weapon.
At least 943 individuals have pleaded guilty — including 161 who pleaded guilty to assaulting law enforcement and 67 who pleaded guilty to assaulting law enforcement with a dangerous or deadly weapon — and an additional 195 people have been found guilty at trial.
Approximately 140 law enforcement officers were injured during the riot, the DOJ has said.
Jan. 6 began with Trump’s speech at the Ellipse, in which he did tell supporters to march “peacefully and patriotically” to the Capitol, as he now likes to note, but also stoked tensions by saying they have to “fight like hell” or they wouldn’t have a country.
“But that was a day of love,” Trump said at the Univision town hall. “From the standpoint of the millions, it’s like hundreds of thousands. It could have been the largest group I’ve ever spoken to before. They asked me to speak. I went and I spoke, and I used the term ‘peacefully and patriotically.'”
The comments come as Trump and his running mate Ohio Sen. JD Vance continue to deny the 2020 election outcome and downplay what transpired on Jan. 6.
Vance on Wednesday when asked if Trump lost the election replied, “No, I think there are serious problems in 2020 so did Donald Trump lose the election? Not by the words that I would use.”
Vance has also said he wouldn’t have certified the election were he in Pence’s shoes in 2021.
The election denialism and Jan. 6 comments have prompted swift push back from Democrats and Vice President Kamala Harris. Harris has cast Trump as a threat to democracy as the 2024 campaign enters its final weeks.
ABC News’ Jack Date, Soorin Kim, Lalee Ibssa and Kelsey Walsh contributed to this report.
(PHOENIX, AZ) — A disabled Black man in Arizona faces multiple charges after a pair of Phoenix police officers punched him and shocked him with a stun gun. Tyron McAlpin, who is deaf and has cerebral palsy, faces charges of felony assault and resisting arrest.
The incident, which took place on Aug. 19, was captured on both surveillance video and police body-worn camera. The officers said they were investigating an assault at a nearby Circle K and McAlpin fit the description of the suspect given by a bystander. However, the original description of the suspect was for a white man who had been creating a disturbance in the store. They also claimed that McAlpin became combative and tried to run when they approached him.
McAlpin’s lawyers said the video shows otherwise.
In the video, police are seen pulling up to McAlpin and ordering him down to the ground. He doesn’t appear to immediately comply. The video then shows the officers punching him 10 times in the head and shocking him with a stun gun four times while yelling “Get your hands behind your back.” McAlpin’s attorney said he didn’t know what was going on and could not hear the commands.
A union for the department’s officers argues that people should know what to do if a police car comes up and uniformed officers approach and that the officers had to force McAlpin to comply not knowing he was deaf at the time. The union also said McAlpin took a fighting stance and bit the officers.
“After reviewing all evidence presented, Maricopa County Superior Court Commissioner Nick Saccone determined there was sufficient evidence for the felony charges against the suspect due to his actions against the officers,” Phoenix Law Enforcement Association President Darrell Kriplean said. A Maricopa County judge has ruled there was probable cause for the arrest and is cause for the charges.
The department said it stood behind the officers and suggested people avoid making judgments about the incident until all the evidence is reviewed rather than focusing entirely on an excerpt of the footage. The police department is investigating the arrest.
The incident came after the Department of Justice in June released a report concluding that the Phoenix Police Department engaged in civil rights violations including racial discrimination and bias against the disabled. Their investigation found “systemic problems” within the department’s policies, training, supervision and accountability systems that were “perpetuated” for years.
The DOJ opened its investigation in August 2021 after complaints about use of excessive force among Phoenix police. The department said it welcomed this inquiry to help them understand how they can better serve the community.
