Special counsel Jack Smith expected to wind down Trump prosecutions: Sources
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(WASHINGTON) — Special counsel Jack Smith is in active talks with senior leadership at the Justice Department evaluating ways he can end his prosecutions of President-elect Donald Trump, sources familiar with the matter told ABC News.
The decision is based on longstanding Department of Justice policy that a sitting president cannot face criminal prosecution while in office, sources said.
It is unclear as of today how Smith’s prosecutors will approach dismissing both the federal election subversion case in Washington, D.C., and their ongoing appeal of Judge Aileen Cannon’s dismissal of the classified documents case.
Trump has vowed to fire Smith “within two seconds.”
“We got immunity at the Supreme Court. It’s so easy. I would fire him within two seconds. He’ll be one of the first things addressed,” Trump said on a call into the “Hugh Hewitt Show” on Oct. 24.
But due to Justice Department policy of not prosecuting a president, a firing is unneeded.
Smith was appointed to his position by Attorney General Merrick Garland in November 2022 to investigate Trump and his allies’ efforts to overturn the 2020 election as well as Trump’s alleged unlawful possession of highly classified documents he took from his time in the White House.
On June 8, 2023, Smith indicted Trump on charges he unlawfully retained classified documents and obstructed the government’s efforts to retrieve them. Trump pleaded not guilty to the charges in a federal court in Florida.
On Aug. 1, 2023, Trump was indicted on four felony counts related to his efforts to overturn the results of the 2020 election. Trump also pleaded not guilty in federal court to those charges.
Both cases were thrown into disarray by the Supreme Court’s decision earlier this summer giving presidents partial immunity against prosecution.
The Jan. 6 case was sent back to a lower court, while Cannon, a Trump nominee, dismissed the classified documents case, ruling Smith’s appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.
ABC News’ Ivan Pereira contributed to this report.
(NEW YORK) — A New Mexico judge has declined to dismiss the case against “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after previously dismissing the case against Alec Baldwin for evidence suppression.
Her attorneys argued in court filings that she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State.”
Judge Mary Marlowe Sommer denied the motion Monday following arguments during a virtual hearing Thursday. She also denied a separate motion from the defense seeking immediate release from detention.
In her ruling, Marlowe Sommer stated the issues raised by the defense did not justify a new trial or dismissal, and that in Gutierrez’s case the state did not suppress the ammunition evidence that was at the heart of Baldwin’s dismissal.
Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was “concealed” from them.
The judge said in court on July 12 while issuing her ruling that the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
During Thursday’s hearing, defense attorney Jason Bowles said the “significance of the items that were suppressed were favorable and material” to Gutierrez.
Bowles told the judge that he became aware of the ammunition — which had been brought forward by his witness, Troy Teske, during Gutierrez’s trial — but directed Teske to bring it to the sheriff’s office because he “didn’t want to be in the chain of custody.”
“We weren’t told what happened” after that, Bowles said. “We weren’t able to utilize those rounds.”
He also argued the state suppressed additional evidence, including one of firearm expert Luke Haag’s reports on the revolver involved in the shooting, and an interview with Seth Kenney, the owner of the prop firearms supplier for “Rust.”
“This pattern of discovery abuse occurred in Miss [Gutierrez’s] case in the same manner that it occurred in Mr. Baldwin’s case,” Bowles said, saying they are “asking for dismissal on the same basis that this court dismissed Mr. Baldwin’s case.”
Special prosecutor Kari Morrissey argued Gutierrez and Bowles can’t rely on the dismissal of Baldwin’s case over the rounds because they were in the possession of his witness, Teske.
“She and her lawyer had them during trial and chose not to use them,” she said. “That is exactly what happened,”
“They don’t get to now come and say we made a strategic error, so give us a new trial,” she continued.
Morrissey argued the other evidence raised by Bowles was not material and said the state did not intentionally withhold evidence.
“Nothing was intentionally buried,” she said, adding that the case had a “terabyte of discovery” with new discovery “coming in constantly.”
In her order, Marlowe Sommer found that the state did suppress the Kenney interview and the Haag report, but that the defense failed to establish that either piece of evidence is material.
Regarding the Teske-supplied ammunition, the judge found that the state did not suppress or fail to provide her with evidence that could be favorable to her case because the live rounds were available to her and her defense in advance of and during her trial.
Marlowe Sommer also found that the state could not have suppressed other evidence related to the ammunition, including the sheriff’s office’s supplemental report and lapel footage of Teske at the sheriff’s office, before or during the trial because those items were not created until on or after the final day of Gutierrez’s trial.
Teske, a retired officer who lives in Arizona and is a friend of Gutierrez’s father, famed Hollywood armorer Thell Reed, brought the live ammunition to the Santa Fe County Sheriff’s Office at the end of Gutierrez’s trial. He said the ammunition, which was owned by Reed and from a different set, was suspected of being connected to the “Rust” set and that Gutierrez’s defense did not want the ammunition, according to lapel footage of his sheriff’s office interview played during Baldwin’s trial.
Morrissey said during Baldwin’s trial that the ammunition did not have any evidentiary value in either Gutierrez’s or Baldwin’s case. Baldwin defense attorney Luke Nikas charged that the ammunition evidence was ultimately “concealed” by being placed under a different case number and said it was “critical” evidence that was required to be disclosed.
A jury found Gutierrez guilty of involuntary manslaughter in the death of Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a live round.
Prosecutors argued during the March trial that the armorer was the source of the live bullet that killed Hutchins and had failed to follow safety protocols meant to protect the crew while handling the firearms.
Gutierrez was sentenced in April to 18 months in prison, the maximum for the offense.
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(HALIFAX, NOVA SCOTIA, CANADA) — Police in Canada said Tuesday they are investigating after a 19-year-old Walmart employee was found dead inside a store’s walk-in bakery oven.
Officers responded to the Walmart — located in Halifax, Nova Scotia — on Saturday night after the employee was found dead, police said.
“The woman, who was an employee of the store, was located in a large walk-in oven belonging to the store’s bakery department,” Halifax Regional Police said in an update on Tuesday.
Investigators are working with Occupational Health and Safety and the Nova Scotia Medical Examiner Service, police said.
The cause and manner of death have not yet been determined as of Tuesday, police said, calling the investigation “complex.”
“An investigation of this nature may take a significant amount of time,” police said.
The Walmart store is temporarily closed amid the investigation, according to ABC News partner CTV News.
“We are heartbroken and our deepest thoughts are with our associate and their family,” Walmart spokesperson Amanda Moss said in a statement to CTV News. “We extend our sincerest condolences to those who were closest to them.”
Walmart is offering employees on-site support, including grief counseling, as well as access to virtual care, Moss said.
The Nova Scotia Department of Labour, Skills and Immigration said a stop work order was issued Tuesday for the bakery and a piece of equipment at the Walmart store.
“As this is an active investigation, we cannot release further details at this time,” the department said in a statement, adding workplace investigations “are complex and can take time.”
(YEMASSEE, S.C.) — The ongoing operation to capture 43 monkeys that escaped from a South Carolina lab nabbed at least one of the furry runaways on Saturday, according to officials.
Officials in the town of Yemassee said they recovered overnight one of the rhesus macaque monkeys that had escaped from Alpha Genesis Primate Research Center on Wednesday.
“She is well and having a peanut butter and jelly sandwich,” Alpha Genesis CEO Greg Westergaard said in a statement.
Yemasee officials said that “a significant number” of the escaped primates were located in a facility near where the rescued animal was found and were “jumping back and forth over the facility’s fence.”
“Alpha Genesis management and staff are on-site, actively feeding and monitoring the animals, and they will continue these efforts throughout the weekend,” the town’s officials said in a statement.
“The primates continue to interact with their companions inside the facility, which is a positive sign,” they added.
Westergaard said the monkeys were having a nap Saturday afternoon.
“They are coming down to the ground a bit more now. It is a slow process,” he said.
The creatures escaped when a new employee at the Alpha Genesis center left the door to their enclosure open, Yemassee Town Administrator Matthew Garnes said during a briefing Thursday with town officials.
The primates are all very young females weighing 6 to 7 pounds each who have never been tested, according to police. There is no public health threat, police said.
ABC News’ Bill Hutchinson contributed to this report.
