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.
(ATHENS, Ga.) — Police questioned the man accused of killing Laken Riley about multiple scratches on his arms a day after the 22-year-old nursing student was found murdered on the University of Georgia’s campus, body camera footage played Monday during the suspect’s bench trial showed.
Police spoke to the defendant, Jose Ibarra, who is an undocumented migrant, at his apartment in Athens on Feb. 23, while investigating Riley’s death. The Augusta University student was found beaten in a wooded area on the Athens campus on Feb. 22 after she didn’t return from a run, authorities said. Her brutal death became a rallying cry for immigration reform from many conservatives, including President-elect Donald Trump.
Special prosecutor Sheila Ross said last week that Ibarra was “hunting” for women on the campus and encountered Riley while she was on her run. Ross said the evidence shows an extended struggle ensued and Riley “fought for her life” before dying due to blunt force trauma and asphyxiation. Ibarra’s DNA was found under Riley’s fingernails, according to Ross.
Officers questioned Ibarra in connection with the murder after a suspicious jacket was found in a dumpster near his apartment, Ross said. Ring camera footage captured a man discarding the jacket, which had Riley’s hair on it, in the dumpster at 9:44 a.m. on Feb. 22, about 16 minutes after she died, Ross said.
University of Georgia Police Sgt. Joshua Epps testified Monday that he noticed a scratch on Ibarra’s right bicep while questioning him at his apartment.
“On his left arm, he had a forearm scratch that was very similar, which in my mind, looked like fingernail scratches to me,” Epps said.
Epps said he also observed a fresh “puncture” on Ibarra’s left wrist.
Prosecutors entered into evidence on Monday photos of Ibarra’s scratches on his arms and bruising on his palm.
Body camera footage of the officers’ questioning Ibarra was also played in court.
When asked about what happened to his right bicep, Ibarra told officers that he had a scratch but “didn’t exactly explain from where or how,” University of Georgia officer Rafael Sayan, who was called to translate during the questioning, testified on Monday.
When asked what happened to his left wrist, Ibarra first said he didn’t have anything there, then said, “It’s just a scratch,” according to Sayan.
When asked why his knuckle was red, Ibarra said it was because of the cold, Sayan said.
Ibarra was detained following the questioning, Epps said. He was arrested that day on murder charges in connection with Riley’s death.
During testimony on Monday, one of Ibarra’s roommates identified Ibarra as the man discarding the jacket in the dumpster, based on his cap and loafers.
Ibarra, 26, has pleaded not guilty to malice murder and felony murder.
Police have said they believe Ibarra — a migrant from Venezuela who officials said illegally entered the U.S. in 2022 — did not know Riley and that this was a “crime of opportunity.”
Additional charges in the 10-count indictment include aggravated battery, kidnapping with bodily injury, aggravated assault with intent to rape, obstructing or hindering a person making an emergency telephone call and tampering with evidence. The latter charge alleged that he “knowingly concealed” evidence — including the jacket found in the dumpster — involving the offense of malice murder.
Ibarra waived his right to a jury trial. The case is being presented in the Athens-Clarke County courtroom to Judge H. Patrick Haggard, who will render a verdict.
(WEST PALM BEACH, Fla.) — Ryan Routh pleaded not guilty to federal charges in connection with an alleged attempt to assassinate Donald Trump at the former president’s golf club in Florida.
Routh, 58, appeared in federal court in West Palm Beach on Monday for his arraignment, which lasted fewer than five minutes.
Routh’s lawyers entered a not guilty plea on his behalf.
Magistrate Judge Bruce Reinhart, who notably signed off on the Mar-a-Lago search warrant in the confidential documents case, presided over the arraignment.
Routh had previously been charged with possession of a firearm as a convicted felon and possession of a firearm with an obliterated serial number for the incident that took place at Trump International Golf Club on Sept. 15.
He was indicted last week with three new charges — attempted assassination of a major presidential candidate, possessing a firearm in furtherance of a crime of violence and assaulting a federal officer — on top of the two federal firearms charges.
He is being held without bail.
Prosecutors said in court filings there is “probable cause to support additional charges which can and should be considered by the court.”
Routh possessed a list that included dates from August to October of venues where Trump had appeared or was expected to be — and is suspected to have traveled near the golf course and Trump’s Mar-a-Lago resort multiple times in the month leading up to his arrest, prosecutors said in a detention filing.
In their memo, prosecutors further revealed Routh allegedly sent a letter “several months prior” to his arrest to a civilian witness that stated, “This was an assassination attempt on Donald Trump but I failed you.”
The government argued the sole reason Routh was in West Palm Beach on Sept. 15 was “for one reason and one reason only and that was to kill the former President of the United States.”
On the day of the alleged attempted assassination, Trump was playing golf on the course when a Secret Service agent spotted a gun barrel poking out from the tree line near the sixth green, according to investigators.
The agent then fired in the direction of the rifle and saw Routh fleeing the area and entering his nearby vehicle, according to the criminal complaint filed in the case.
In the area of the tree line where the suspect was seen, agents found a digital camera, two bags, including a backpack, and a loaded SKS-style 7.62×39 caliber rifle with a scope, according to the complaint.
Trump was not harmed in the incident and was taken to a safe location by Secret Service agents.
ABC News’ Alexander Mallin contributed to this report.
(LOS ANGELES) — Lyle and Erik Menendez may become free men after spending decades behind bars for killing their parents.
Here’s a look at life in prison for the notorious brothers and three paths to potential freedom:
The case
Lyle Menendez, then 21, and Erik Menendez, then 18, admitted to buying shotguns and firing 16 rounds at Jose and Kitty Menendez inside the family’s Beverly Hills home in 1989.
Prosecutors alleged they killed their wealthy parents for money, but the defense argued they acted in self-defense after enduring years of sexual abuse by their father.
The first trial, which had separate juries for each brother, ended in mistrials. In 1996, after the second trial — during which the judge barred much of the sex abuse evidence — Lyle and Erik Menendez were convicted and both sentenced to two consecutive terms of life without parole.
Life in prison
Nery Ynclan, an ABC News freelance producer and an executive producer of “Menendez + Menudo: Boys Betrayed,” has visited Lyle Menendez multiple times at the Richard J. Donovan Correctional Facility in San Diego.
She stressed that Lyle and Erik Menendez have spent their decades in prison rehabilitating themselves, as well as helping other inmates.
“[Lyle] and his brother spent their whole adult lives trying to counsel other victims of sexual abuse and start programs at the prison,” she said. “Even though they had no chance of parole, they really felt that the prison system could be improved.”
Erik Menendez has provided hospice care to inmates, their attorney said, while for the last 20 years, Lyle Menendez’s fellow inmates have elected him as their representative with the prison administration, Ynclan said.
“He’s like a soft-spoken CEO who is very busy with multiple projects,” Ynclan said of Lyle.
“He wants to talk about prison reform,” Ynclan said. “He would talk to me about the college courses he was taking. … I was really impressed that someone in their early 50s, in prison without any chance of parole … would want to take calculus and statistics to continue bettering themselves.”
With freedom now a possibility, Ynclan described this as an “emotional and tense time” for Lyle Menendez.
“For the first time in decades, he actually feels like there’s a glimmer of hope that the two of them might get home to their families one day,” Ynclan said.
Path 1: Habeas corpus petition
One track to freedom is the brothers’ habeas corpus petition, which was filed last year for a review of new evidence not presented at trial.
One piece of evidence is allegations from Roy Rosselló, a former member of the boy band Menudo, who revealed in the 2023 docuseries “Menendez + Menudo: Boys Betrayed” that he was raped by music executive Jose Menendez.
The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to the brothers’ attorney, Mark Geragos.
Through this petition, the court could change their convictions. The next hearing is set for Nov. 25.
Path 2: Resentencing recommendation goes before judge, parole board
A second path is through resentencing.
Los Angeles County District Attorney George Gascón announced in an Oct. 25 court filing that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life.
Because both brothers were under 26 at the time of the crimes, with the new sentence, they would be eligible for parole immediately, Gascón said.
The DA’s office said its resentencing recommendations take into account factors including the defendants’ ages, psychological trauma or physical abuse that contributed to carrying out the crime and their rehabilitation in prison.
“We appreciate what they did while they were in prison,” Gascón said at a news conference. “While I disapprove of the way they handled their abuse, we hope that they not only have learned — which appears that they have — but that if they get reintegrated into our community, that they continue to do public good.”
Gascón’s recommendation next goes in front of a Los Angeles Superior Court judge who will weigh factors including the crime, the brothers’ records while incarcerated and the positive impact they’ve had in prison, ABC News legal contributor Brian Buckmire said.
The judge will also review facts that were not available at the time of the brothers’ 1996 conviction, Buckmire said.
The judge might also consider “the science of young boys and young men being sexually assaulted,” Buckmire said. “How they respond, how they react to that abuse, and how that might not have been information that was readily available at the time of sentencing that could’ve changed the sentence.”
A hearing is set for December. If the judge agrees to resentencing, the case next goes to the parole board.
Even though the judge would have already evaluated the facts and factors, “the parole board is going to do their own investigation,” Buckmire said.
The brothers and their relatives will also get the opportunity to address the parole board, Buckmire said. In this case, the relatives are not just the family of the perpetrators, but also the family of the victims, “so they have their own rights based on both capacities,” Buckmire said.
One relative, their uncle, Milton Andersen, wants the brothers to stay behind bars, stating that he doesn’t believe they were abused and instead killed their parents out of greed.
“They are survivors and deserve a chance to rebuild their lives,” their cousin, Brian Andersen Jr., told reporters in October. “They’re no longer a threat to society.”
“If they were to come to my house, knock on my door, I would answer that door, I would welcome them in with huge hugs, my wife would make them a dinner and I’d give them a pillow and a place to sleep,” Andersen said.
A hearing before the parole board would likely take at least six months to schedule, according to the California Department of Corrections.
If the parole board recommends release, the final decision then goes to California Gov. Gavin Newsom, Buckmire said.
If released on parole, the brothers would be subjected to monitoring and check-ins, Buckmire said. Parole often comes with conditions like maintaining a job and avoiding drugs, he said.
The district attorney announced days later that he supports the brothers’ bid for clemency, which would commute their sentence or grant a pardon.
Newsom is first eligible to weigh in on the clemency application on Nov. 7. The governor’s office said this is a confidential process, Newsom is not required to review the application and there is no timeline for the review.
If the governor approves clemency, the case would still likely go before the parole board.
The governor’s office intends to treat this application “like any other case,” an official at the office said. “Nobody is getting special treatment.”
ABC News’ Matt Gutman and Ashley Riegle contributed to this report.
