Special counsel Jack Smith withdraws from appeal of classified docs case against Trump’s co-defendants
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(WASHINGTON) — Special counsel Jack Smith’s team has withdrawn from their appeal of the classified documents case against President-elect Donald Trump’s co-defendants and referred the case to the United States Attorney’s Office for the Southern District of Florida, according to a court filing Monday afternoon.
Smith last month dropped his appeal against Trump due to a longstanding Department of Justice policy prohibiting the prosecution of a sitting president, but his team continued to pursue their appeal against Trump’s two co-defendants in the case, longtime Trump aide Walt Nauta and Mar-a-Lago employee Carlos De Oliveira.
Trump pleaded not guilty last June to 37 criminal counts related to his handling of classified materials, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information ranging from U.S. nuclear secrets to the nation’s defense capabilities, and took steps to thwart the government’s efforts to get the documents back.
The former president, along with Nauta and De Oliveira, also pleaded not guilty to allegedly attempting to delete surveillance footage at Trump’s Mar-a-Lago estate.
Smith’s appeal, to the Atlanta-based Eleventh Circuit Court of Appeals, came after U.S. District Judge Aileen Cannon dismissed Smith’s case in July, citing the constitutionality of his appointment as special counsel.
With the appeal ongoing, Smith’s team on Monday withdrew from the case and passed the case to federal prosecutors in Florida. In a separate filing, U.S. Attorney for the Southern District of Florida, Markenzy Lapointe, entered his appearance in the case.
A representative for the office of the U.S. Attorney for the Southern District of Florida did not immediately respond to a request for comment from ABC News.
Smith has also been winding down his federal election interference case against Trump following Trump’s reelection, and is expected to issue a report on his investigations to Attorney General Merrick Garland in the coming weeks.
(NEW YORK) — The battle between New York federal prosecutors and President Donald Trump’s Justice Department continued Friday as another prosecutor resigned over the order to dismiss Mayor Eric Adams’ bribery case.
Hagan Scotten, the assistant United States attorney for Southern District of New York, blasted Deputy Attorney General Emil Bove in a letter one day after acting U.S. Attorney for the Southern District of New York Danielle Sassoon resigned over her refusal to follow through with the Justice Department’s request.
“In short, the first justification for the motion — that [former U.S. Attorney] Damian Williams’s role in the case somehow tainted a valid indictment supported by ample evidence, and pursued under different U.S. attorneys is so weak as to be transparently pretextual,” Scotten wrote.
“The second justification is worse. No system of ordered liberty can allow the Government to use the carrot of dismissing charges, or the stick of threatening to bring them again, to induce an elected official to support its policy objectives,” he added.
Scotten, an Army veteran who served in Iraq and clerked under Supreme Court Chief Justice John Roberts and Brett Kavanaugh before he was appointed to the Supreme Court, chastised the president and the administration.
“I can even understand how a Chief Executive whose background is in business and politics might see the contemplated dismissal-with-leverage as a good, if distasteful, deal,” he wrote.
“If no lawyer within earshot of the President is willing to give him that advice, then I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion. But it was never going to be me,” he added.
The letter came hours after what several former and current federal justice officials dubbed the “Thursday afternoon massacre,” when six people involved with the case resigned and pushed back against the U.S. attorney general’s office.
Sassoon resigned Thursday over the Justice Department’s request to end the federal bribery case against the mayor.
The Justice Department planned to remove the prosecutors handling the mayor’s case and reassign it to the Public Integrity Section in Washington, D.C.
However, as soon the Public Integrity Section was informed it would be taking over, John Keller, the acting head of the unit, and his boss, Kevin Driscoll, the most senior career official in the criminal division, resigned along with three other members of the unit, according to multiple sources.
Gov. Kathy Hochul, who has the power to remove Adams from office, called the Department of Justice’s moves “unbelievably unprecedented” during an interview on MSNBC Thursday night.
“This is not supposed to happen in our system of justice,” she told MSNBC’s Rachel Maddow.
Hochul, however, declined to discuss the possibility of removing the mayor.
“The allegations are extremely concerning and serious. But I cannot, as the governor of this state, have a knee-jerk, politically motivated reaction, like a lot of other people are saying right now,” she said. “I have to do it smart, what’s right, and I’m consulting with other leaders in government at this time.”
The Rev. Al Sharpton, a longtime ally of Adams, said in a statement Tuesday that he was convening with other Black clergy to discuss the situation but he already raised concerns about the mayor’s allegiances.
“President Trump is holding the mayor hostage,” Sharpton said.
Four prominent New York City Black clergy members — the Revs. Johnnie Green, Kevin McCall, Carl L. Washington and Adolphus Lacey — wrote a letter Wednesday calling on the mayor not to run for reelection this year.
“Eric Adams had every right to prove his innocence and many of us were willing to give him the benefit of the doubt, but that’s not what has happened,” they wrote.
Adams, a former NYPD officer and Democrat who previously registered as a Republican, was accused by federal prosecutors of taking lavish flights and hotel stays from Turkish businessmen and officials for more than a decade.
He and his staff members also allegedly received straw campaign donations to become eligible for New York City’s matching funds program for his campaigns, according to the criminal indictment that was issued in September.
In exchange, Adams allegedly used his power as Brooklyn borough president and later as mayor to give the foreign conspirators preferential treatment for various projects and proposals, including permits for the Turkish consulate despite fire safety concerns, the indictment said.
Adams pleaded not guilty, has repeatedly denied any wrongdoing and claimed without any basis that he was being politically targeted by the Biden administration, even though the probe covers many years before Biden was in office.
Adams’ primary opponents have called for him to step down since the indictment, as have other New York Democrats, such as Rep. Alexandria Ocasio-Cortez.
The mayor, however, appeared on “Fox and Friends” on Friday with Trump “border czar” Thomas Homan and reiterated he was not only staying in office but he would run for reelection as a Democrat. The deadline to change parties is Friday.
“People had me gone months ago, but, you know what, I’m sitting on your couch,” Adams told the hosts.
The mayor remained silent during the interview when Homan discussed Trump’s deportation policy and called on Hochul to resign for not cooperating with the federal office.
Adams, however, did light up and smile when the “border czar” discussed their partnership. The mayor announced Thursday the city would allow Immigration and Customs Enforcement agents into Rikers Island jail, a major shift in the city’s policies.
“If he doesn’t come through, I’ll be back in New York City, and we won’t be sitting on the couch,” Homan said with a laugh. “I’ll be in his office, up his butt, saying, ‘Where the hell is the agreement we came to?'”
Sassoon prosecutor warned in a letter that the close relationship between the Trump administration and Adams crossed a line.
In her letter to Attorney General Pam Bondi, Sassoon repeatedly suggested Justice Department leadership, including Deputy Attorney General Emil Bove, was explicitly aware of a quid pro quo that was suggested by Adams’ attorneys.
Sassoon alleged Adams’ vocal support of Trump’s immigration policies would be boosted by dismissing the indictment against him.
Sassoon’s letter detailed a January meeting with Bove and counsel for the mayor, where she says Adams’ attorneys put forward “what amounted to a quid pro quo,” after which Bove “admonished a member of my team who took notes during that meeting and directed the collection of those notes at the meeting’s conclusion.”
“Although Mr. Bove disclaimed any intention to exchange leniency in this case for Adams’s assistance in enforcing federal law, that is the nature of the bargain laid bare in Mr. Bove’s memo,” Sassoon wrote in her letter.
Bove accused Sassoon of insubordination and rejected her claims. Trump told reporters Thursday he was not involved with the Justice Department decisions this week and claimed the SDNY prosecutor was fired, although he did not name her.
Adams also denied the allegations Friday.
“It took her three weeks to report in front of her a criminal action. Come on, this is silly,” he told the “Fox and Friends” hosts.
The dismissal, which is without prejudice, meaning it can be brought again, specifically after the November election, according to Bove’s request, has yet to be formally filed in court or reviewed by a judge.
ABC News’ Oren Oppenheim contributed to this report.
(WASHINGTON) — Donald Trump is set to sign the Laken Riley Act Wednesday afternoon as the president approves a series of initiatives meant to tackle his key goal of curbing illegal immigration.
The bill, which will symbolically be the first bill Trump signs in his second term, will require the detention of immigrants who lack legal status and are accused of crimes, including several misdemeanor offenses, with the potential for deportation — even before they are convicted.
The Republican wishlist item was passed with bipartisan support in both the House and the Senate and Trump campaigned heavily on curbing illegal immigration, using the death of Riley, a nursing student, as a centerpiece for immigration reform on the campaign trail.
“We will deport individuals based on the laws of this country. That’s all this administration is trying to do enforce our nation’s immigration laws,” White House press secretary Karoline Leavitt said on ABC’s “Good Morning America” on Wednesday.
“So if an individual is here illegally, if that means they cross our southern border illegally or they are overstaying their visa illegally or they’ve been deported before and returned to the U.S. illegally, which we found in many instances, they will be subject to deportation,” she added.
Riley was killed by Jose Ibarra, an immigrant without legal status first arrested after in September 2022 on charges of illegal entry, outside Atlanta in February 2024. Her death fueled the immigration debate ahead of the 2024 elections.
Ibarra had been living in the U.S. illegally and had been arrested on misdemeanor shoplifting charges but was allowed to stay in the U.S. while his immigration case was ongoing. He was found guilty in Riley’s murder in late 2024 and is serving a life sentence without parole.
“That’s something that is a tribute to Laken, a beautiful young lady who was killed viciously by an illegal alien,” Trump said on Friday after the bill passed. “We passed a very powerful bill.”
Key in the legislation is that it will require that the Department of Homeland Security “expeditiously take custody” of immigrants without legal status who are charged with burglary, theft, larceny, shoplifting or assault of a law enforcement officer, but not convicted.
Though several Democrats signed on to the legislation, many have argued the law is too extreme, with Wisconsin Sen. Tammy Baldwin saying the bill “authorizes the largest expansion of mandatory detention seen in decades for anyone even suspected or accused of shoplifting.”
“Not only is this incredibly cruel and inhumane, it is also contrary to our legal system’s bedrock principle that all individuals are innocent until proven guilty, and thereby wholly un-American,” she added in a statement, noting that the bill could lead Immigration and Customs Enforcement officers “to prioritize indefinitely detaining people accused of petty shoplifting instead of going after suspected terrorists and violent offenders that pose a more urgent threat to the safety of our communities.”
The law also allows attorneys general to sue the federal government if they can show states are being harmed by a failure to implement immigration policies and allows states to sue DHS for harm caused to citizens allegedly due to illegal immigration.
However, ICE has warned that enforcement of the bill will cost much more than the $3.2 billion initially expected — and could reach $27 billion in its first year, according to a document obtained by ABC News.
“Full implementation would be impossible for ICE to execute within existing resources,” the document noted, adding that ICE would need to expand its detention capacity to 151,500.
And that estimate from ICE only includes the Laken Riley Act, not other initiatives that are part of the Trump administration’s immigration crackdown.
Trump also signed 10 executive orders targeted at curbing illegal immigration in his first week in office, and newly confirmed Homeland Security Secretary Kristi Noem joined an immigration enforcement operation in New York City that resulted in the apprehension of several migrants lacking legal status on Tuesday.
“One of my top priorities is achieving President Trump’s mandate from the American people to secure our southern border and fix our broken immigration system,” Noem said on Saturday following her confirmation. “The Trump administration will once-again empower our brave men and women in law enforcement to do their jobs and remove criminal aliens and illegal gangs from our country.”
ABC News’ Lauren Peller, Allison Pecorin and Armando Garcia contributed to this report.
(WASHINGTON) — Just weeks before he leaves office, President Joe Biden awarded 20 recipients of the Presidential Citizens Medal, including the key players in the House Jan. 6 committee.
Former Wyoming Rep. Liz Cheney and Mississippi Rep. Bennie G. Thompson, who chaired the committee, both received the medal. The White House said Cheney, who has repeatedly endured attacks from President-elect Donald Trump and his allies, “put the American people over party.”
Biden did not specifically mention Cheney during his remarks at the White House event. However, he praised the elected officials who received the medal for serving “in difficult times with honor, decency and ensured our democracy delivers.”
“Together, you embody, and I mean this from the bottom of my heart, the essential truth: We’re a great nation. We’re a great nation because we’re a good people,” he said.
Biden also honored other former lawmakers, including Carolyn McCarthy, Bill Bradley, Nancy Landon Kassebaum and Ted Kaufman, among others.
The list also includes a number of advocates and experts. Their contributions are wide-ranging, spanning from law to healthcare to photography to education.
Below is the list of recipients, along with short biographies supplied by the White House.
Mary L. Bonauto Attorney and activist Mary Bonauto first fought to legalize same-sex marriage in Vermont, Massachusetts, Connecticut, and Maine before arguing before the Supreme Court in Obergefell v. Hodges, which established marriage equality as the law of the land. Her efforts made millions of families whole and forged a more perfect Union.
Bill Bradley Raised in small-town Missouri, Bill Bradley showed a dedication to basketball that would define his courage, discipline, and selflessness. A two-time NBA Champion and Hall-of-Fame New York Knick, he served three terms as a United States Senator from New Jersey and was a candidate for president, advancing tax reform, water rights, civil rights, and more, while still today seeking to deepen our common humanity with humility and heart.
Frank K. Butler, Jr. As a pioneering innovator, Navy Seal, and leader in dive medicine, Dr. Frank Butler introduced Tactical Combat Casualty Care to the medical world that set new standards for tourniquet use not only for injuries in war, but injuries across daily civilian life. He has transformed battlefield trauma care for the United States military and saved countless lives.
Elizabeth L. Cheney Throughout two decades in public service, including as a Congresswoman for Wyoming and Vice Chair of the Committee on the January 6 attack, Liz Cheney has raised her voice—and reached across the aisle—to defend our Nation and the ideals we stand for: Freedom. Dignity. And decency. Her integrity and intrepidness remind us all what is possible if we work together.
Christopher J. Dodd Chris Dodd has served our Nation with distinction for more than 50 years as a United States Congressman, Senator, respected lawyer, and diplomat. From advancing childcare, to reforming our financial markets, to fostering partnerships across the Western Hemisphere—he has stood watch over America as a beacon to the world.
Diane Carlson Evans After serving as an Army nurse during the Vietnam War, Diane Carlson Evans founded the Vietnam Women’s Memorial Foundation to ensure female service members received the recognition they deserve—one of our Nation’s most sacred obligations. Her duty and devotion embody the very best of who we are as Americans.
Joseph L. Galloway (posthumous) From Vietnam to the Persian Gulf, Joe Galloway spent decades sharing first-hand accounts of horror, humanity, and heroism in battle. Known as the soldier’s reporter and the soldier’s friend, he embedded with American troops, rescued wounded soldiers under fire, and became the only civilian awarded a Bronze Star for combat valor by the United States Army as one of the most respected war correspondents of his era.
Nancy Landon Kassebaum The first woman to represent Kansas, Nancy Kassebaum was a force in the United States Senate. From supporting a woman’s right to choose to reforming health care, she stood up for what she believed in even if it meant standing alone, and she reached across the aisle to do what she believed was right.
Ted Kaufman For decades, including as a United States Senator from Delaware, Ted Kaufman has served the Nation with honesty and integrity. A master of the Senate who championed everyday Americans and public servants, he’s been at the forefront of consequential debates about the courts, the financial system, and more.
Carolyn McCarthy As a nurse, Carolyn McCarthy had an instinct to heal and serve. When her husband and son were shot on a local commuter train, she became an advocate so persuasive that she was recruited to run for Congress. She served 18 years, championing gun safety measures including improved background checks, as a citizen legislator devoted to protecting our Nation’s welfare.
Louis Lorenzo Redding (posthumous) A groundbreaking civil rights advocate, Louis was the first Black attorney admitted to the bar in Delaware, where he argued against segregation in the seminal cases of Bulah v. Gebhart and Belton v. Gebhart—laying the legal framework for Brown v. Board of Education. A towering figure and a generous mentor, he opened doors of equity and opportunity for all Americans.
Bobby Sager A Boston native, Bobby Sager travels the world as a photographer and philanthropist grounded in family and empathy, wielding his camera and influence to connect with people in war-torn countries, capture their hope and humanity, and inspire others to take action and see a fuller portrait of the planet we all share.
Collins J. Seitz (posthumous) As a state judge in Delaware, Judge Seitz became the first judge in America to integrate a white public school, dismantling the doctrine of “separate but equal” with exacting detail and reverence for the equal protection clause of the 14th Amendment of our Constitution. His brave ruling tore down walls of separation to help us see each other as fellow Americans.
Eleanor Smeal From leading massive protests and galvanizing women’s votes in the 1970s to steering progress for equal pay and helping the Violence Against Women Act become law, Ellie Smeal forced the Nation to not only include women in political discourse but to value them as power brokers and equals. Her strategic vision over more than 40 years embodies the American pursuit to create a fairer, more just world.
Bennie G. Thompson Born and raised in a segregated Mississippi, as a college student inspired by the Civil Rights movement, Bennie Thompson volunteered on campaigns and registered southern Black voters. That call to serve eventually led him to Congress, where he chaired the House January 6th Committee—at the forefront of defending the rule of law with unwavering integrity and a steadfast commitment to truth.
Mitsuye Endo Tsutsumi (posthumous) In a shameful chapter in our Nation’s history, Mitsuye Endo was incarcerated alongside more than 120,000 Japanese Americans. Undaunted, she challenged the injustice and reached the Supreme Court. Her resolve allowed thousands of Japanese Americans to return home and rebuild their lives, reminding us that we are a Nation that stands for freedom for all.
Thomas J. Vallely A United States Marine during the Vietnam War, Thomas Vallely has never given up on peace. Over the course of five decades, he has brought Vietnam and the United States together—establishing Fulbright University Vietnam, fostering greater economic and cultural exchange, and overcoming the perils of the past to seize the promise of the future. His service remains a symbol of American leadership in the world.
Frances M. Visco As president of the National Breast Cancer Coalition, Fran Visco has fought tirelessly and fearlessly to increase Federal funding for breast cancer research, early detection education, and access to women’s healthcare. As a breast cancer survivor, she turned pain into purpose, changed the landscape of breast cancer advocacy, and has become a powerful symbol of hope for the Nation.
Paula S. Wallace A lifelong educator and trailblazer of the arts, Paula Wallace dreamt of a school that would transform how we think about professional education. By establishing the esteemed Savannah College of Art and Design and serving as its president, she has guided thousands of students into creative industries.
Evan Wolfson By leading the marriage equality movement, Evan Wolfson helped millions of people in all 50 states win the fundamental right to love, marry, and be themselves. For 32 years, starting with a visionary law school thesis, Evan Wolfson worked with singular focus and untiring optimism to change not just the law, but society—pioneering a political playbook for change and sharing its lessons, even now, with countless causes worldwide.