Trump Arlington cemetery incident still under investigation: Sources
(WASHINGTON) — Law enforcement officials at a Virginia military base are still actively investigating an August incident at Arlington National Cemetery involving what has been described as a confrontation between former President Donald Trump’s campaign and a cemetery worker, even as the Army says it considers the matter closed, according to multiple sources familiar with the matter.
As part of the probe led by the Joint Base Myer-Henderson Hall Police Department, an investigator with the base’s police department has sought in recent days to contact Trump campaign officials about the incident, the sources said.
Investigators are seeking to interview the officials involved in the incident, according to the sources.
Stanley Woodward, a lawyer representing the Trump campaign officials, declined to comment when reached by ABC News.
Although the Army oversees Arlington National Cemetery, law enforcement is handled by Joint Base Myer-Henderson Hall in Virginia, as a neighboring base. The base’s police department falls under the Army in an administrative capacity, but operates as a law enforcement agency and is staffed by federal law enforcement officers, not military police.
“The investigation is ongoing at Joint Base Myer-Henderson Hall by base authorities,” a defense official told ABC News in a statement that indicates the Army is not directing the probe.
Last month, the Trump campaign was accused of engaging in a physical and verbal altercation with a staffer at Arlington National Cemetery while the former president was there to mark the third anniversary of the deaths of 13 service members in Afghanistan. Trump’s aides filmed a campaign video in a section of the cemetery where recently fallen service members are buried.
Federal law prohibits campaigns from using the military cemetery for political campaigning or election-related activities.
Trump’s campaign insisted its aides acted appropriately and promised to release video they said would exonerate its staff. That video has not been released.
In the days following the incident, the Army defended the cemetery staffer, saying the person had been “unfairly attacked” — but also said that it considered the matter closed.
“The incident was reported to the JBM-HH police department, but the employee subsequently decided not to press charges. Therefore, the Army considers this matter closed,” an Army spokesperson said on Aug. 29, three days after the incident. “This incident was unfortunate, and it is also unfortunate that the [Arlington National Cemetery] employee and her professionalism has been unfairly attacked.”
When asked for comment on Monday, an Army spokesperson referred ABC News to its Aug. 29 statement. Base authorities at the Joint Base Myer-Henderson Hall did not immediately respond to requests for comment.
Separately, however, the Army on Monday acknowledged the case is still being investigated when it explained why it is blocking the release of documents related to the incident.
In a letter responding to a request filed by ABC News under the Freedom of Information Act, the Army said documents couldn’t be released yet because “those documents are part of an open investigation.”
(ATLANTA) — A federal judge in Atlanta on Tuesday issued a temporary injunction ordering Donald Trump and his campaign to stop using a song co-written by the late musician Isaac Hayes at their events.
The song “Hold On, I’m Coming,” published in 1966, was played at Trump rallies and can be heard in campaign videos that were posted online, according to court documents reviewed by ABC News. The judge did not order that these videos be taken down, according to a statement from Trump representative Ronald Coleman.
“The campaign had already agreed to cease further use,” Coleman told ABC News in a statement. “We’re very gratified that the court recognized the First Amendment issues at stake and didn’t order a takedown of existing videos.”
Isaac Hayes III, Hayes’ son, said in a social media post last month that he was demanding $3 million in licensing fees from Trump and his campaign for unauthorized use of the song “Hold On, I’m Coming.” Trump and his partners played the song over 150 times without permission, court documents said.
“We won,” Isaac Hayes III posted on Instagram on Tuesday after the hearing. “@realdonaldtrump has been barred from playing @isaachayes music forever.”
The injunction stops the campaign from playing the song pending further proceedings, Coleman told ABC News, and the court would consider a motion for reconsideration based on copyright ownership if appropriate.
“The campaign has a license to play the music through an agreement with BMI and ASCAP,” the Trump campaign said in a statement emailed to ABC News in response to the ruling, referring to performance rights groups Broadcast Music Inc and the American Society of Composers, Authors and Publishers.
Neither Isaac Hayes III nor attorneys for Isaac Hayes Enterprises — the company that handles licensing for Hayes’ estate — have responded to ABC News’ request for statements. Neither sides’ attorneys have responded to ABC News regarding any decision made on money allegedly owed to Isaac Hayes Enterprises.
The song was popularized by the music duo Sam & Dave in 1966 and reached No. 21 on the Billboard Hot 100 at the time, according to court documents. Hayes, who wrote the song with David Porter, passed away at age 65 in 2008, but his estate is the current owner of right and title to the song, the court documents noted.
After Trump and his campaign played the song in 2020 as “outro” music at one of their events, a cease-and-desist letter was sent to the Trump campaign on behalf of Isaac Hayes Enterprises, according to court documents.
The Donald J. Trump for President campaign, Republican National Committee (RNC), conservative advocacy group Turning Point, National Rifle Association (NRA), American Conservative Union and BTC were named as defendants on the complaint filed by Isaac Hayes Enterprises last month, for hosting events and uploading videos where the song was played, according to court documents.
The motion was withdrawn on Tuesday by Hayes Enterprises as to Turning Point, NRA and RNC, the court noted.
Hayes is part of a group of musicians who have called for Trump to stop playing their music at his events, which include Beyoncé, the Foo Fighters, Jack White and Celine Dion.
(NEW YORK) — Special counsel Jack Smith on Wednesday asked a federal appeals court to pause his appeal of the dismissal of President-elect Donald Trump’s classified documents case.
The move is part of Smith’s winding down of his two cases against Trump — the classified documents case and the federal election interference case — due to longstanding Department of Justice policy that prohibits a sitting president from facing criminal prosecution while in office.
“As a result of the election held on November 5, 2024, one of the defendants in this case, Donald J. Trump, is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” the filing said.
Smith asked to hold the appeal in abeyance and push the next filing deadline until Dec. 2 to “to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to get the documents back.
District Judge Aileen Cannon, a Trump appointee, dismissed the case against Trump and his co-defendants this summer, ruling that Smith’s appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.
Prosecutors then appealed that decision to the Atlanta-based United States Court of Appeals for the Eleventh Circuit.
The judge in Trump’s federal election interference case paused all upcoming deadlines in that case last week, following a request from Smith.
(NEW YORK) — The vice-presidential debate between Tim Walz and JD Vance could prove to be a major factor in the presidential election — given how close the race is and its potential impact with undecided voters.
The 90-minute CBS News showdown starts at 9 p.m. ET in New York City. ABC News Digital will live blog throughout the day and evening, pre-debate coverage will air at 8 p.m. on the ABC network and stream on ABC News Live — followed by the debate itself and post-debate analysis.
Here’s how the news is developing:
Harris, in fundraising pitch, says Walz ‘is ready’ to debate Vance
Vice President Harris, in a fundraising pitch email to supporters, said Walz “is ready” to debate Vance.
“In just hours, Tim Walz will debate JD Vance,” she wrote. “I know that he is ready. And it would help if he knew donors like you had his back before he got on stage.”
Harris added that “Tim has been an outstanding partner out on the campaign trail over the last two months,” and “I have the utmost confidence in the team we’ve built.”
-ABC News’ Fritz Farrow
Biden has ‘complete confidence’ in Walz: White House
White House press secretary Karine Jean-Pierre wouldn’t say during the White House press briefing on Tuesday whether President Joe Biden would watch the vice presidential debate, but she said the president has “complete confidence” in Walz.
“He continues to be very busy with all of the events happening today,” she said during Tuesday’s briefing. “But he has complete confidence in Tim Walz.”
Gabbard predicts ‘stark contrast’ between Walz and Vance during debate
Former Rep. Tulsi Gabbard spoke to ABC News Live on Tuesday where she criticized Walz’s lack of media interviews, predicting that it will show in the debate.
“I think there’s going to be a stark contrast here, given JD Vance has been out on the road doing multiple interviews,” she told ABC News Live. “I think he’s done more interviews than any candidate in this election, whereas Tim Walz has been very quiet on that front.”
“I think this opportunity tonight, I hope, will not be more of the same kind of political theater that we’ve seen in so many of these debates, but actual substantive discussion and debate and accountability,” Gabbard — who endorsed Trump — continued.
Ahead of Tuesday’s debate, Adrienne Elrod, Harris campaign senior adviser and spokesperson, made an appearance on ABC News Live and said that Walz is taking it “very, very seriously.”
“Gov. Walz is taking this debate very, very seriously because you understand the magnitude of this moment,” Elrod said. “He’s going to continue to really talk about the Harris-Walz priorities, what their administration would look like, lowering costs for middle class families, protecting the Affordable Care Act, not getting rid of it.”
-ABC News’ Casey McShea
CBS News says mics won’t be muted for VP debate
CBS News, the network hosting the debate, said that the candidates’ microphones will not be muted, but clarified in a press release that it “reserves the right to turn off candidate microphones.”
This is a shift from the CNN presidential debate in June and the ABC News presidential debate held earlier this month, where microphones were muted unless it was the candidate’s turn to speak.
Emmer says Vance will hold Walz ‘accountable’ during VP debate
Rep. Tom Emmer, R-Minn., praised Vance on “This Week” Sunday, saying the Ohio senator will do a “great job” on Tuesday night and that “he’s got the issues on his side.”
“Vance could talk about the economy that Donald Trump fixed and that Harris and Biden broke. He can talk about the border that Trump fixed and they broke. He can talk about peace and stability around the world, which they don’t even have a clue [about]; they’ve caused all of this disruption,” Emmer said. “Once he understands that Tim Walz is just going to try and deflect and go into this folksy whatever, he’ll hold him accountable.”
-ABC News’ Hannah Demissie
Why VP debates aren’t all that important
Typically, fewer people watch vice presidential debates than presidential debates. And while presidential debates are historically one of the few things that can actually make a dent in the polls, vice presidential debates don’t have the same track record.
According to Nielsen, since 2008, presidential debates have drawn an average audience of 65.7 million people. But vice presidential debates have drawn an average of just 54.1 million viewers. But 54.1 million people is still a pretty big audience — so have past vice presidential debates actually changed the trajectory of the race?
That turns out to be a tricky question to answer. Read more here.
-538’s Nathaniel Rakich and Amina Brown
How to watch the VP debate
The 90-minute debate will air on CBS and be simulcast on the ABC network and stream on ABC News Live.
ABC pre-debate coverage begins at 8 p.m. ET; post-debate ABC News coverage will go on until 11 p.m. ET. ABC News Live, ABC News’ 24/7 streaming news channel, will provide full coverage beginning at 7 p.m. ET and run through 12 a.m. ET.
Former President Donald Trump told Kellyanne Conway on Monday morning that the debate will be stacked against his running mate. He also remained undecided on a second debate against Vice President Kamala Harris.
“So, I’d rather debate. I’d rather have another one. The problem is, we’re so far down the line,” Trump said.
Trump claimed the debates are “so stacked,” adding, “you’ll see it tomorrow with JD. It’ll be stacked.”
While on the campaign trail last weekend, Harris used Tuesday night’s debate to goad Trump into accepting a second debate, saying that it shouldn’t be the “last word.”
-ABC News’ Kelsey Walsh and Gabriella Abdul-Hakim
Vance is prepared for debate: Trump campaign
Vance is prepared for his debate against Walz, said Jason Miller, the Trump campaign senior adviser, on Monday.
The Ohio senator has turned to Minnesota Rep. Tom Emmer to help him in debate rehearsals by playing Walz, sources familiar with the plans told ABC News. One of the sources said Emmer was invited to be the stand-in so Vance could prepare to take on the governor’s folksy personality.
-ABC News’ Hannah Demissie
Where’s Walz? From under the radar to the VP debate spotlight
In the eight weeks since being selected by Harris to join the ticket, Walz — originally thought to be a dark-horse selection coming from behind to beat out some better-known national figures — has effectively barnstormed the country.
“I think this is a big moment for him. Up till now, he’s been heavily managed and carefully guarded,” said Larry Jacobs, the director of the Center for the Study of Politics and Governance at the University of Minnesota. “Now he’s going to be out there on the stage, and if he makes mistakes or comes off as not quite as authentic as he’s been claiming, I think it’ll be damaging to him, and he might make mistakes.”
Walz will not be in the spin room after the debate, according to the Harris-Walz campaign.
Seven surrogates will spin for him instead, including Sens. Mark Kelly, Amy Klobuchar, Ben Ray Luján; Govs. Jared Polis and JB Pritzker; Rep. Jasmine Crockett and Democratic National Committee Chair Jaime Harrison.
-ABC News’ Isabella Murray
Vance to visit spin room after debate
Vance will go to the spin room following his debate with Walz, according to a source familiar with the plan.
He also participated in the spin room after former President Donald Trump’s debate against Vice President Kamala Harris in September.
Politico was first to report Vance’s plans.
-ABC News’ Hannah Demissie
Walz ‘looking forward’ to debate
While campaigning around Petoskey, Michigan, on Monday, Walz said that his “focus” was on Hurricane Helene and its destruction across the southeast, even while “looking forward” to the debate.
To prepare for Tuesday night, Walz used Transportation Secretary Pete Buttigieg as a Vance stand-in, who “surprised everyone by showing up to prep in a cheap red tie instead of camp casual attire,” according to a source familiar.
-ABC News’ Isabella Murray
Walz, Vance set for tight-race showdown
Sometimes, vice-presidential debates tend not to matter much and are quickly forgotten.
But tonight’s showdown in New York City could matter more than most given how close the presidential race is at the moment.
Many undecided voters – who could end up deciding the election – will get their first chance to hear at length from the Harris and Trump running mates.
The CBS News debate – where mics will be unmuted and the candidates will have to do their own fact-checking – starts at 9 p.m. ET.
The ABC network will carry the debate live with pre-debate coverage beginning at 8 p.m. ET. ABC News Live will stream pre-debate coverage, the debate and post-debate analysis and ABC News Digital/538 will live blog during the debate with key takeaways afterward.