Special counsel Jack Smith moves to drop Trump election, documents cases citing ‘categorical’ DOJ policy
Chris Unger/Zuffa LLC vis Getty Images
(WASHINGTON) — Special counsel Jack Smith has moved to dismiss his federal election interference case and his classified documents case against President-elect Donald Trump due to a long-standing Justice Department policy that bars the prosecution of a sitting president, not because of the merits of the charges.
Nearly 16 months after a grand jury first indicted Trump over his alleged efforts to unlawfully overturn the results of the 2020 election, Smith has asked U.S. District Judge Tanya Chutkan to throw out the case ahead of Trump’s impending inauguration, according to a motion filed Monday.
“That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Government stands fully behind,” Smith said in his motion, in which he said, “the country have never faced the circumstance here, where a federal indictment against a private citizen has been returned by a grand jury and a criminal prosecution is already underway when the defendant is elected President.”
“Confronted with this unprecedented situation, the Special Counsel’s Office consulted with the Department’s Office of Legal Counsel (OLC), whose interpretation of constitutional questions such as those raised here is binding on Department prosecutors. After careful consideration, the Department has determined that OLC’s prior opinions concerning the Constitution’s prohibition on federal indictment and prosecution of a sitting President apply to this situation and that as a result this prosecution must be dismissed before the defendant is inaugurated,” said the motion.
Earlier this month, Judge Chutkan cancelled the remaining deadlines in the case after Smith requested time to “assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy” following Trump’s election.
Trump last year pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election by enlisting a slate of so-called “fake electors,” using the Justice Department to conduct “sham election crime investigations,” trying to enlist the vice president to “alter the election results,” and promoting false claims of a stolen election during the Jan. 6 attack on the Capitol, all in an effort to subvert democracy and remain in power.
Smith subsequently charged Trump in a superseding indictment that was adjusted to respect the Supreme Court’s July ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken as president.
Judge Chutkan had been in the process of considering how the case should proceed in light of the Supreme Court’s immunity ruling.
Smith had faced filing deadlines of Dec. 2 for both the election interference case and the classified documents case against Trump, after Smith’s team requested more time to determine how to face the unprecedented situation of pending federal cases against someone who had just been elected to the presidency.
Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, before U.S. District Judge Aileen Cannon dismissed the case in July over her finding that Smith was improperly appointed to his role. Smith appealed that ruling to the 11th Circuit Court of Appeals, arguing that legal precedent and history confirm the attorney general’s ability to appoint special counsels, but after Trump’s reelection he asked the court to pause the appeal until Dec.2, in the same manner as the election interference case.
Getting Monday’s filing in a week ahead of schedule now raises the question of whether Smith will be able to beat the clock to officially close his office down and submit his final report to Attorney General Merrick Garland — as is required of him per the DOJ’s special counsel regulations — before Inauguration Day.
The final report will have to go through a classification review by the intelligence community, a process that can sometimes take weeks before it is approved for any kind of public release.
Attorney General Garland has made clear in appearances before Congress and public statements that he is committed to making public the final reports of all Special Counsels during his tenure, which included reports by Special Counsel Robert Hur and Special Counsel John Durham.
Special Counsel David Weiss is still continuing his investigation and is set to take his case against an FBI informant charged with lying about President Biden and his son Hunter to trial in California next week. It’s unclear whether he will formally close his investigation down and submit a final report prior to Trump taking office.
This is a developing story. Please check back for updates.
Former President Donald Trump’s town hall in Oaks, Pennsylvania, on Monday evening was interrupted twice by medical emergencies in a very warm Greater Philadelphia Expo Center and Fairgrounds before he pivoted — turning the concert into an impromptu concert where he stood on stage swaying to music for nearly 45 minutes.
There was a medical emergency that required an attendee to be placed on a stretcher about 30 minutes into the event. As the crowd started singing “God Bless America,” Trump requested that “Ave Maria” be played on the loudspeakers as medics tended to the man.
Moments later, there was a second medical emergency.
“The safety and well-being of President Trump’s supporters is always his top priority,” Karoline Leavitt, Trump’s campaign press secretary, said in a statement to ABC News after the event. “The two individuals who fainted were immediately given medical attention. As President Trump said tonight, they are great patriots,” Leavitt added.
Trump took four questions, before the first medical emergency occurred.
Following the medical emergencies, Trump requested that the doors be opened but he was advised that for security reasons that wasn’t possible. Both Trump and moderator South Dakota Gov. Kristi Noem commented on the heat in the room.
“Open the doors. I wish we could open those doors to outside,” Trump said. “For security reasons, they can’t. But you know what I suggest? Open them. Because anybody comes through those doors, you know what’s going to happen to them.”
“Personally, I enjoy this. We lose weight, you know. No, you lose weight. We could do this — lose four or five pounds,” Trump quipped.
Trump then requested that “Ave Maria” be played again and remained on stage as more music was played.
He continued, “Let’s not do any more questions. Let’s just listen to music. Let’s make it into a music fest. Who the hell wants to hear questions right? Isn’t that beautiful?”
The former president, adamant about playing his music, stood on stage for nearly 45 minutes swaying to several songs on his playlist as the crowd sang and danced along.
The crowd slowly dispersed, but many stayed for the entirety of the campaign event.
“To lighten the mood, President Trump turned the town hall into an impromptu concert and the crowd loved it,” Leavitt told ABC News, adding, “The room was full of joy.”
On Tuesday, Trump addressed the town hall on his social media platform, calling the event “so different.”
“It ended up being a GREAT EVENING!” Trump wrote on social media.
The Trump campaign has classified those who fell ill as “great patriots” and suggested, “the room was full of joy.”
Notably, with 22 days until Election Day, Vice President Kamala Harris was also in Pennsylvania on Monday evening stumping to voters in the critical battleground swing state whereas Trump largely dodged answering questions during the actual town hall portion of his event.
In a post on X early Tuesday morning, Harris reposted a video from her campaign’s Kamala HQ account of Trump swaying to music for nearly 45-minutes at his Oaks town hall on Monday, writing “Hope he’s okay.”
Following the concert, Trump made his way to the front row, signing red MAGA hats and 47 signs.
Trump’s movement was noteworthy as he hasn’t interacted with a large crowd to that extent since his attempted assassination in Butler, Pennsylvania.
(WASHINGTON) — Former President Donald Trump on Tuesday evening returned to a Hispanic-majority town in eastern Pennsylvania after a comedian at Trump’s rally at Madison Square Garden over the weekend sparked controversy by making racist jokes about Latinos, including calling Puerto Rico a “floating island of garbage.”
Trump did not address the comedian’s controversial remarks — but did seize on comments President Joe Biden made on Tuesday when, criticizing the remarks about Puerto Rico, Biden used wording that seemed to refer to Trump supporters as “garbage.”
Toward the end of the rally, Trump invited Sen. Marco Rubio to the stage, who broke the news of Biden’s comments to Trump and the crowd.
Trump recalled Hillary Clinton’s controversial “basket of deplorables” line in 2016.
“She said ‘deplorable.’ That didn’t work out,” Trump said. “‘Garbage,’ I think is worse.”
Trump’s rally took place in Allentown, Pennsylvania, a city of more than 125,000 people where the Hispanic population makes up 55% of the total, according to the U.S. Census data, with much of that number being Puerto Ricans.
His second campaign stop of the day in Pennsylvania — after a roundtable in Drexel Hill, where the population is overwhelmingly white — the Allentown visit was an opportunity for the former president to court Hispanics, and more specifically Puerto Ricans, after Hispanic groups on both sides of the aisle called the racist jokes made at the New York rally “derogatory,” “offensive,” and “disrespectful.”
Early on in his remarks, Trump made no mention of the controversy but did refer to his Madison Square Garden rally, calling it “the greatest evening anyone has seen politically,” adding, “The love was unbelievable.”
During his Pennsylvania event, Trump touted his support from Latinos, including an endorsement from Puerto Rico’s “Shadow Senator” Zoraida Buxo, who holds a position that advocates for statehood for the territory.
“Nobody loves our Latino community and our Puerto Rican community more than I do,” Trump said.
Cheers for mass deportation plan
Trump’s rally in Allentown came at the same time Vice President Kamala Harris was giving a speech from the Ellipse in Washington, D.C., making what her campaign has characterized as her “closing argument” in the race.
Trump received his largest applause of the evening when he said, if elected, he would carry out mass deportations of people in the U.S. illegally beginning on the first day of his administration.
“On day one, I will launch the largest deportation program in American history,” he said. “We’re going to get them out. I will rescue every city and town that has been invaded and conquered, and we will put these vicious and bloodthirsty criminals in jail or kick them the hell out of our country.”
As the crowd gave an overwhelming ovation, Trump said “I am hereby calling for the death penalty for any migrant that kills an American citizen or a law enforcement officer.”
The crowd then chanted, “USA!”
Controversial ‘garbage’ remarks
The comments at the Madison Square Garden rally on Sunday were made by controversial comedian Tony Hinchcliffe during pre-programming earlier Sunday afternoon, including explicit comments about how Latinos “love making babies.”
“I don’t know if you guys know this, but there’s literally a floating island of garbage in the middle of the ocean right now. I think it’s called Puerto Rico,” Hinchcliffe said on stage to a crowd of nearly 20,000 Sunday night, after the former president himself the previous day called the United States a “garbage can for the world.”
Hinchcliffe, instead of apologizing for his comments, attacked his critics as lacking a sense of humor and accused them of taking the joke out of context to “make it seem racist.”
The former president denied knowing the comedian on Tuesday, telling ABC News Senior Congressional Correspondent Rachel Scott: “I don’t know him, someone put him up there. I don’t know who he is.”
Trump also insisted he didn’t hear any of the comments, even as they’ve been played on television and written about extensively. When asked what he made of them, he did not take the opportunity to denounce them, repeating that he didn’t hear the comments.
Trump’s campaign has also tried to distance itself from comedian Hinchcliffe’s comments, saying they don’t reflect their views.
Several Republicans have come out against the jokes, including the chair Republican Party of Puerto Rico, Angel Cintrón, who called Hinchcliffe’s comments “unfortunate, ignorant, and entirely reprehensible,” as well as “racist.”
Residents of Puerto Rico, as a U.S. territory, do not vote for president in the general election, but the Republican Party of Puerto Rico held a primary in April as part of the Republican presidential nominating process. Donald Trump won the primary and netted the territory’s delegates.
Puerto Ricans living in the United States, however, make up the largest Hispanic group in seven states across the country, including in the critical battleground state of Pennsylvania, according to the U.S. Census data.
In Pennsylvania, where President Joe Biden won in 2020 by just over 81,000 votes, 3.7% of the state’s total population, or roughly 486,000 people, were of Puerto Rican origin. Pennsylvania is again expected to be an extremely tight race between Trump and Vice President Kamala Harris, with Trump ahead of Harris by just 0.2% according to 538’s polling average as of Oct. 29.
Overall, Pennsylvania’s eligible Latino voter population has more than doubled since 2000, from 206,000 to 620,000 in 2023, according to WNTM’s analysis of U.S. Census Bureau figures.
(NEW YORK) — With less than six weeks until Election Day, former President Donald Trump and Vice President Kamala Harris are campaigning in battleground states this week and making their case for why they should lead the country.
Harris will be travel to Arizona on Friday for some campaign events and to visit the southern border, according to a source familiar with her plans. It will be her first visit to the border since 2021.
Trump will be in New York, where he plans to meet with Ukrainian President Volodymyr Zelenskyy at Trump Tower. Later Friday, he will campaign in Michigan.
Here’s how the news is developing:
Trump to meet with Ukrainian President Volodymyr Zelenskyy
After sources said Trump might not meet with the foreign leader while he is in the U.S., Trump told reporters on Thursday they will meet at 9:45 ET this morning at Trump Tower.
“It’s a shame what’s happening in Ukraine. So many deaths, so much destruction,” Trump said. “It’s a horrible thing. And one of the things that are very bothersome to me is the fact that Europe is paying only a small fraction of the money that the United States of America is paying, and we have an ocean between Russia and ourselves.”
ABC News Senior Congressional Correspondent Rachel Scott asked Trump if he believed Ukraine should cede its own territory to Russia in order to end the war — what Kamala Harris called “surrender.”
“We’ll see what happens,” Trump said. “Let’s get some peace. We need peace. We need to stop the death and destruction, don’t you think? Wouldn’t that be nice?”
Secret Service turns down Trump’s Saturday rally
The Secret Service informed Trump’s campaign it wouldn’t be able to accommodate his outdoor rally in Wisconsin on Saturday due to manpower issues, according to a source briefed on the situation.
The campaign wanted to have a rally at an airport hangar, but due to the Secret Service being stretched thin with the U.N. General Assembly in New York, it didn’t have the number of agents necessary to secure that site. A source said Secret Service personnel and equipment are being pushed to their limits to sustain the current operational tempo.
Trump’s detail is akin to those of President Joe Biden and Harris, with the exception of Defense Department assets on their details, and the agency wasn’t built to handle these increasing needs, according to a source familiar with the planning.
“Former President Donald Trump is receiving heightened levels of U.S. Secret Service protection and our top priority is mitigating risks to ensure his continued safety at all times,” Anthony Gugliemi, Secret Service chief of communications, said. “Out of concern for operational security, we cannot provide specific details about resources allocated for event security or communications between agency personnel and our protectees.”
The Trump campaign hasn’t responded to ABC News’ request for comment.
ABC News’ Luke Barr
Trump blasts Harris ahead of her border visit in lengthy remarks on immigration
Trump blasted Harris’ record as he spoke about immigration at Trump Tower in New York.
“Kamala Harris will be visiting the southern border that she has completely destroyed, from what I understand, tomorrow,” Trump said. “Why would she go to the border now, playing right into the hand of her opponent? I mean, you take a look at this — why would you do that? There can be no justification for what she’s done.”
Trump is going through a lengthy list of his grievances with Harris and continued to demonize migrants.
Trump to deliver remarks to reporters in New York
In a last-minute addition to his schedule, Trump’s campaign announced that he will deliver remarks Thursday at Trump Tower at 4:30 p.m. ET.
The campaign didn’t disclose the topic of his remarks, but they will happen on the same day that New York City Mayor Eric Adams has been charged with five counts connected to improper campaign contributions, according to a sweeping indictment unsealed Thursday morning.
This weekend, Trump will campaign in Michigan and Wisconsin.
-ABC News’ Lalee Ibssa, Soorin Kim and Kelsey Walsh
Describing her decision not to take the stage at the Republican National Convention, Melania Trump pointed to the letter she penned following Trump’s assassination attempt in Butler, Pennsylvania.
“It was my decision. I think was just the time. I think was the right time in, days before I wrote a beautiful letter to America, yes. And I think in one way, that letter was my speech,” she said in an interview that aired on Fox & Friends on Thursday morning.
Like her husband, Melania Trump blamed rhetoric from Democrats and people in the media as reasonings for why she feels there has been targeted violence against the former president.
“This is not normal, and is it really shocking that all this outrageous violence goes against my husband? Especially that we hear the leaders from the opposition party and mainstream media branding him as threat to democracy, calling him vile names,” she said. “They’re only fueling a toxic atmosphere and giving power to all of these people that they want to do harm to him. This needs to stop. This needs to stop. The country needs to unite.”
Recounting the moments she heard about Trump’s first assassination attempt, Melania Trump said that she couldn’t get ahold of Trump or the Secret Service initially.
“First, the Secret Service was not available too, because they were with him, right? And then after that, I got the Secret Service on the phone, and they said that he’s OK. We are in on the way to the hospital,” she said.
She also talked about having to tell their son, Barron, about the attack.
“He was outside playing sport, and he rushed in, and was very, very difficult,” she said.
-ABC News’ Lalee Ibssa, Soorin Kim and Kelsey Walsh
Melania Trump advocates for 2nd Trump term in 1st interview of 2024 cycle
Former first lady Melania Trump, sitting down for an interview with Fox & Friends, attempted to pitch her husband to voters.
“I think American people need to decide what they really want. Maybe some, you know, strong tweets, but everything else great for this country. So it’s all in Americans people’s hands on Nov. 5,” she said, arguing her husband was a strong leader in terms of the economy and immigration.
Despite her lack of a role on the campaign, Melania Trump said that she supports her husband’s third bid to the White House.
“I know how passionate he is to make America great again,” she said.
Melania Trump was also asked some personal questions about her relationship with Trump.
“Did you fall in love then?” co-host Ainsley Earhardt asked after Melania Trump described meeting Donald Trump for the first time.
“It was a connection. It was a connection,” Melania Trump responded.
“His being,” she later said when asked what she loves most about Trump. “His humor, his personality, his kindness, he’s, he’s very special, his positivity, his energy. It’s unbelievable. Yeah, so we have a beautiful relationship.”
-ABC News’ Lalee Ibssa, Soorin Kim and Kelsey Walsh
More details of Harris’ planned visit to border revealed
An aide to Vice President Kamala Harris’ campaign provided more details about the vice president’s planned visit to the border in Arizona on Friday.
Harris will visit the border city of Douglas, and deliver remarks on border security, according to the aide. She will also talk about her intention to introduce a tough bipartisan border security plan and criticize former President Donald Trump for killing the one introduced over the summer.
Harris releases economic policy book
Vice President Kamala Harris released her roughly 80-page economic policy book on Wednesday and outlined it in a speech in Pittsburgh.
Harris spoke at the Economic Club of Pittsburgh and framed her proposals into three pillars: “lowering costs, investing in American innovation and leading the world in industries of tomorrow.”
She also highlighted her plans for American manufacturing.
“The simple truth is, in America, it takes too long and it costs too much to build. Whether it’s a new housing development, a new factory or a new bridge, projects take too long to go from concept to reality,” Harris said. “It happens in blue states, it happens in red states, and it’s a national problem. And I will tell you this, China is not moving slowly. They’re not, and we can’t afford to either. If we are to compete, we can’t afford to either.”
She attacked former President Donald Trump’s record, calling him “one of the biggest losers ever on manufacturing.”
“Just yesterday, he went out and promised to bring back manufacturing jobs. And if that sounds familiar, it should, in 2016 he went out and made that very same promise about the Carrier plant in Indianapolis,” she said.
“You’ll remember, Carrier then offshored hundreds of jobs to Mexico under his watch. And it wasn’t just there. On Trump’s watch, offshoring went up and manufacturing jobs went down across our country and across our economy,” Harris said.
Harris outlines her ‘pragmatic’ economic vision
Harris drew contrasts between her economic agenda and that of her opponent, Trump, in a speech in the battleground state of Pennsylvania.
Harris told an audience at the Economic Club of Pittsburgh that her economic philosophy is “rooted in her middle-class upbringing” while Trump’s comes from a “gilded path to wealth.”
“For Donald Trump, our economy works best if it works for those who own the big skyscrapers. Not those who build them. Not those who wire them. Not those who mop the floors,” she said.
Harris has made the economy and the cost of living a focal point of her campaign in recent weeks.
To allow the middle class to be the “growth engine of our economy,” Harris said she would cut taxes for middle class families and individuals, promising that more than 100 million Americans would get a middle-class tax break.
-ABC News’ Fritz Farrow, Gabriella Abdul-Hakim, and Will McDuffie
Trump takes aim at Iran after officials warn of foreign threats
Former President Donald Trump didn’t mince words Wednesday at a rally in North Carolina following more reports from security officials that Iran has been plotting to assassinate him.
The Office of the Director of National Intelligence met with Trump and his campaign Tuesday, according to a spokesman for DNI. While the agency declined to discuss specifics about the meeting, the former president’s campaign said the meeting involved “real and specific threats from Iran to assassinate him in an effort to destabilize and sow chaos in the United States.”
During his rally in Mint Hill, North Carolina, Trump echoed that statement and sent a stark warning to the country.
“If I were the president, I would inform the threatening country, in this case, Iran, that if you do anything to harm this person, we are going to blow your largest cities and the country itself to smithereens. We’re going to blow it to smithereens,” the former president said to cheers. “There would be no more threats.”
Biden adamant that he would have beaten Trump in rematch
President Joe Biden opened up on the whirlwind of events over the last couple of months during an appearance on “The View” Wednesday.
Biden said he is “at peace” with his decision to exit the 2024 race but says he is still confident he would have defeated Donald Trump in November.
“Look, when I ran for this last term, I said I saw myself as a transition president … But what happened was we were having so much success in getting things done that people felt we couldn’t get done, I found myself having used more time than I would’ve ordinarily to, you know, pass that torch.”
Biden then turned to praising Harris, who he called “tough” and “honorable.”
“And the thing I like about her, and one thing we share in common, is that we have an optimistic view of the future,” he said.
Family of Corey Comperatore, injured supporters to attend Trump’s Butler rally
Trump’s Butler, Pennsylvania, rally will take place at the same site where his first assassination attempt took place.
The wife and daughters of Corey Comperatore, the man who was killed during the assassination attempt, are expected to attend Trump’s Butler rally along with the two supporters who were injured during the shooting: David Dutch and James Copenhaver, according to a senior campaign official.
“During his visit, President Trump will honor the memory of Corey Comperatore, who heroically sacrificed his life to shield his wife and daughters from the bullets on that terrible day. President Trump will also recognize the two other Americans who were wounded by the shooter, David Dutch and James Copenhaver,” the campaign said in a press release.
Trump will also “express his deep gratitude to law enforcement and first responders, and thank the entire community for their outpouring of love and support in the wake of the attack,” the campaign said.
-ABC News’ Soorin Kim, Lalee Ibssa and Kelsey Walsh
Comer launches investigation into Zelenskyy’s trip to Pennsylvania
House Oversight Committee Chairman James Comer launched an investigation into the Biden-Harris administration for allowing Ukrainian President Volodymyr Zelenskyy to fly on a military plane to Pennsylvania earlier this week.
“The Committee seeks to determine whether the Biden-Harris Administration attempted to use a foreign leader to benefit Vice President Harris’s presidential campaign and, if so, necessarily committed an abuse of power,” Comer said in a statement Wednesday.
The committee sent letters to Attorney General Merrick Garland, Secretary of Defense Lloyd Austin and White House Counsel Edward Siskel. Chairman Comer is requesting documents, information and communications about Zelenskyy’s visit to the U.S. in September.
-ABC News’ Lauren Peller
Trump stumps in North Carolina, Vance in Michigan
Trump will deliver remarks in Mint Hill, North Carolina, at 1 p.m. He will speak about the economy, according to a campaign release.
Later, his running mate, Sen. JD Vance, will speak in Travers City, Michigan. The event is scheduled to begin at 7 p.m.
Harris to outline ‘pragmatic’ view on the economy to voters
As Harris seeks to gain ground on the economy, she will outline on Wednesday what her campaign is calling a “pragmatic” view on the issue.
Harris plans to tell voters that “as a capitalist she understands the limitations of government” and that the government must “work in partnership with the private sector and entrepreneurs,” according to the senior official, granted anonymity to preview Harris’s speech. The official noted Harris will make clear “she is unafraid to hold bad actors accountable if she needs to.”
The vice president will also argue that her economic philosophy is “rooted in her middle-class upbringing” and contrast that with Trump’s “gilded path to wealth,” as part of a larger values argument, the official said.
Harris to be interviewed by MSNBC
Harris is participating in an interview with MSNBC’s Stephanie Ruhle on Wednesday, which will air on the cable network on Wednesday at 7 p.m. ET, MSNBC announced Wednesday morning.
The network frames it as her first solo network interview since she became the nominee.
Harris has done solo interviews with other news outlets: radio stations and local TV stations. Her first media interview since announcing her candidacy took place last month when she did a joint interview with Tim Walz on CNN.
National Intelligence director briefs Trump about Iranian threats
Former President Donald Trump was briefed by the Office of the Director of National Intelligence earlier Tuesday on Iran’s continued assassination threats against him, his campaign said in a new statement, calling the threats “real and specific.”
“Intelligence officials have identified that these continued and coordinated attacks have heightened in the past few months, and law enforcement officials across all agencies are working to ensure President Trump is protected and the election is free from interference,” Trump campaign spokesperson Steven Cheung wrote in the statement.
“He will let nothing stop him or get in his way to fight for the American people and to Make America Great Again,” Cheung continued.
Harris Arizona campaign office damaged by apparent gunfire for second time in one week: Police
A coordinated campaign office shared by Vice President Kamala Harris’s campaign and the Democratic Party in Tempe, Arizona, was damaged by gunfire just after midnight on Monday, the police said Tuesday in a statement to ABC News.
“No one was inside the office during the overnight hours, but this raises concerns about the safety of those who work in that building, as well as those nearby,” Tempe Police spokesperson Sgt. Ryan Cook said.
Police said they received calls from those who worked in the office on Monday afternoon and arrived to what they said appeared to be gunshots through the front windows.
Tempe Police said they are analyzing evidence and were taking “additional measures” after the shooting “to ensure the safety of staff and others in the area.” A motive for the shooting has not yet been determined and the investigation continues, according to the police.
The same office was shot at just a week prior, on Sept. 16, in an incident the police said appeared to involve a BB or pellet gun. That shooting also happened just after midnight and caused “criminal damage,” according to the police.
Harris is scheduled to visit the state on Friday.
In response to the second incident, the Harris campaign offered its thanks to Tempe police.
“Overnight, several shots were fired into our Tempe Democratic Party coordinated campaign office. We are grateful to Tempe Police for coming quickly to the scene and are fortunate no one was present or injured,” read a statement from a campaign spokesperson
Trump, Harris to take part in separate town halls on Univision
Vice President Kamala Harris and former President Donald Trump will participate in two town halls next month hosted by Univision where they will interact with undecided Hispanic voters and respond to questions.
Trump will headline the first town hall, which will take place in Miami on Tuesday, Oct. 8 at 10 p.m. ET, the network announced.
Harris will headline the second Univision town hall, which will take place in Las Vegas on Thursday, Oct. 10 at 10 p.m. ET.
Both events will air coast-to-coast with Spanish-language translation on Univision and stream on ViX’s Noticias 24/7 channel and will also be available in English on Noticias Univision’s YouTube channel.
Mark Robinson hires Trump attorney who fought 2020 election results
North Carolina Lt. Gov. Mark Robinson announced Tuesday that he has hired lawyer Jesse Binnall to represent him in what he calls the “outrageous lies” following reporting by CNN that he posted racist and inflammatory comments on a porn site’s message board a decade ago.
Binnall is known for his representation of former President Donald Trump, including in legal cases involving Trump’s efforts to overturn the 2020 election. Binnall still represents Trump in legal matters.
“I am confident that Binnall Law Group will leave no stone unturned and enable us to use every legal means to hold CNN accountable for their lies. In the meantime, my campaign remains laser-focused on the issues at stake in this election,” Robinson said in a statement.
Trump’s campaign and political action committees began paying Jesse Binnall’s law firms in November 2020, and they have paid nearly $6 million since.
This includes more than $823,000 paid so far this year by Trump’s Save America PAC and Make America Great Again PAC, which used to be his previous presidential campaign, according to campaign records.
Trump praises Sen. Manchin for not endorsing Harris
Former President Donald Trump is celebrating the decision from Independent Sen. Joe Manchin not to endorse Harris over her comments on considering eliminating the filibuster.
Manchin has not said whether or not he will endorse Trump.
“Congratulations to Senator Joe Manchin for not endorsing Radical Kamala Harris because of her DEATH WISH for the Filibuster and the Rule of Law,” Trump said in a Truth Social post.
-ABC News’ Lalee Ibssa, Soo Rin Kim and Kelsey Walsh
Trump, in Georgia, hits on economy, immigration and more
In remarks in battleground Georgia focused on the economy and the tax code, Trump said dealing with immigration is first step in his economic plan.
In Savannah, Trump again said migrants with legal protected status in Springfield, Ohio, need to be deported and repeated his discriminatory and false argument that undocumented immigrants were stealing jobs from Black and Hispanic communities. He went on to call on local officials to “move the people back to the country from which they came.”
Trump spent much of his speech focused on increasing domestic production by tariffing other countries, telling Georgians they soon would be “stealing” jobs from other countries.
“Vote for Trump, and you will see a mass exodus of manufacturing from China to Pennsylvania, from Korea to North Carolina, from Germany to right here in Georgia, they’re going to come to Georgia, from Germany and a lot of other places,” he claimed.
“I’m outlining today, not only will we stop our businesses from leaving for foreign lands, but under my leadership, we’re going to take other countries’ jobs. Did you ever hear that expression before? Have you ever heard that? ‘We’re going to take other countries’ jobs.’ It’s never been stated before. We’re going to take their factories,” Trump claimed.
The former president also touched on Ukraine, just hours after President Joe Biden urged world leaders gathered at the United Nations General Assembly to never “waver” in support for Ukraine.
“I think that we’re stuck in that war unless I’m president. I’ll get it done. I’ll get it negotiated,” Trump claimed — a campaign pledge he often repeats but offers no specifics on how to accomplish.
Trump then seemingly praised Russia.
“That’s what they do, is they fight wars,” he said. “As somebody told me the other day, they beat Hitler, they beat Napoleon. That’s what they do. They fight and it’s not pleasant.”
ABC News’ Lalee Ibssa, Soorin Kim and Kelsey Walsh
Nebraska governor won’t call special session to change electoral votes system
Nebraska Gov. Jim Pillen released a statement Tuesday confirming he has “no plans” to call a special session before the November general election — meaning that the Republican-led effort to change the state electoral college to winner-take-all is tabled, for now.
“My team and I have worked relentlessly to secure a filibuster-proof 33-vote majority to get winner-take-all passed before the November election,” Pillen said. “Given everything at stake for Nebraska and our country, we have left every inch on the field to get this done.”
“Unfortunately, we could not persuade 33 state senators,” he added.
Pillen specifically cited opposition from state Sen. Mike McDonnell, who on Monday said he would not support such a change before the 2024 election.
The switch would have likely benefitted Trump and made the electoral map more difficult for Harris.
-ABC News’ Brittany Shepherd and Oren Oppenheim
Trump attacks Harris’ plan to visit the border
Trump is now weighing in on Harris’ plans to visit the southern border this Friday in Arizona, labelling the visit as “political” and accusing her of attempting to “con the public” of her border record.
“After almost four years, Border Czar Kamala Harris has decided, for political reasons, that it’s time for her to go to our broken Southern Border. What a disgrace that she waited so long,” Trump wrote on his social media, repeating his disparaging rhetoric on migrants.
While Harris has been to the southern border, the trip marks her first visit since lauched her campaign at the end of July.
Trump has made immigration central to his 2024 campaign, pledging mass deportations and a border shutdown among other hard-line policies. He visited the border last month, the same day Harris formally accepted the Democratic nomination for president.
ABC News’ Soorin Kim, Lalee Ibssa and Kelsey Walsh
Harris planning a visit to southern border this week: Source
Vice President Harris is planning to visit the southern border during her visit to Arizona on Friday, according to a source familiar.
This would be Harris’ first visit to the southern border since she jumped to the top of the ticket at the end of July.
Immigration has been a big issue in the 2024 race, with Donald Trump and Republicans inaccurately calling Harris the “border czar” and blaming her for the border crisis. Harris, in turn, argues that Trump and Republicans are at fault for killing the bipartisan border bill earlier this year.
Harris has overseen the Biden administration’s efforts to address the root causes of migration as vice president, and visited the border in 2021, after she came under fire for not having done so.
Trump expected to return to Butler for a rally on Oct. 5: Sources
Trump is expected to return to Butler, Pennsylvania, the city of his first assassination attempt, next Saturday for a rally, according to multiple sources familiar with his plans.
The rally is scheduled for Oct. 5.
Trump has long promised to return to Butler to honor the victims who died at his July rally.
“I WILL BE GOING BACK TO BUTLER, PENNSYLVANIA, FOR A BIG AND BEAUTIFUL RALLY, HONORING THE SOUL OF OUR BELOVED FIREFIGHTING HERO, COREY, AND THOSE BRAVE PATRIOTS INJURED TWO WEEKS AGO. WHAT A DAY IT WILL BE — FIGHT, FIGHT, FIGHT! STAY TUNED FOR DETAILS,” Trump wrote on his social media platform in July.
NBC News was first to report the news.
ABC News’ Katherine Faulders, Lalee Ibssa, Kesley Walsh and Soorin Kim
Harris won’t attend the Al Smith dinner, a presidential campaign staple
Vice President Harris will not attend the Al Smith dinner next month in New York, breaking with tradition of major party nominees sharing laughs at the benefit dinner, and will instead be on the campaign trail, a campaign official confirmed to ABC News.
“She is going to be campaigning in a battleground state that day, and the campaign wants to maximize her time in the battlegrounds this close to the election,” the official said.
The dinner, which benefits Catholic Charities, is scheduled for Oct. 17. It has become a traditional stop on the presidential campaign trail, with both the Republican and Democratic nominees attending and delivering remarks full of roasts. In recent years, both nominees attended the gala, including in 2008, 2012, 2016, and 2020. (The latter was virtual because of the COVID-19 pandemic.)
The official also added that Harris’ team informed the dinner’s organizers she would be absent, but was willing to attend in a later year as president.
ABC News’ Fritz Farrow, Gabrielle Abdul-Hakim and Will McDuffie
Melania Trump to sit for her 1st interview of 2024 election cycle
Former first lady Melania Trump will sit down for her first interview of the 2024 election cycle with Fox News’ Ainsley Earhardt as she continues to promote her new book.
The interview is set to air on Thursday, Fox announced on Monday.
While Melania Trump has remained relatively quiet this campaign cycle, mainly appearing with the former president at closed-door events, she has been more active online recently as she launches her forthcoming memoir, “Melania.”
Her book is scheduled to be released on Oct. 8. Her website describes it in part as “the powerful and inspiring story of a woman who has defined personal excellence, overcome adversity, and carved her own path.”
ABC News’ Lalee Ibssa, Soorin Kim and Kelsey Walsh
Trump again says it’s too late for another debate amid challenges from Harris
Trump is again ruling out another debate against Harris, arguing it would be “a very bad thing” for the country.
“Well, I’ve already done two debates, and they, you know, we’re good, but to do a third one, everybody’s voting now, and it’s very late to be doing a third debate,” Trump told Fox News correspondent Bill Melugin in a phone conversation that aired Monday morning.
Harris said over the weekend she accepted an offer from CNN for a debate on Oct. 23.
Her team has also noted that there have been presidential debates in years past in the final weeks before Election Day.
“The final 2020 debate was October 22,” the Harris campaign wrote on X. “The proposed CNN debate is October 23.”
Trump also debated Hillary Clinton for a third time around the same timeframe: Oct. 19, 2016.
Trump slightly leads in Arizona, about even in North Carolina: Polls
A set of New York Times/Siena College polls found Trump slightly leads Harris in Arizona and they are about evenly matched in North Carolina.
Among likely voters in Arizona, Trump leads Harris 50% to 45% in a head-to-head matchup. In a six-way matchup with other candidates, Trump still leads Harris 48% to 43%.
In North Carolina, Trump also leads Harris among likely voters 49% to 47%. He also leads by 2 percentage points in a six-way matchup. The lead, however, is within the poll’s margin of error.
Arizona and North Carolina are considered crucial battlegrounds this election, along with Georgia. According to 538’s polling average, Trump is ahead slightly in each of the three Sun Belt states.
