Trump asks federal appeals court to delay his criminal hush money case
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(NEW YORK) — Former President Donald Trump on Monday asked the full U.S. Court of Appeals for the Second Circuit to delay his criminal hush money case in New York, after the judge overseeing the case delayed Trump’s sentencing.
New York Judge Juan Merchan on Friday delayed the sentencing date from Sept. 18 until Nov. 26, and said he would issue a ruling Nov. 12 on whether to dismiss the verdict on the grounds of presidential immunity.
Defense attorneys Todd Blanche and Emil Bove on Monday sought an “en banc” hearing on Trump’s motion to pause the proceedings indefinitely so a federal court could resolve the applicability of the U.S. Supreme Court’s recent presidential immunity opinion.
“Such a stay is appropriate in order to preserve Trump’s right to a fair and orderly litigation of the Presidential immunity defense in a federal forum,” Blanche and Bove wrote in a letter to the Second Circuit.
Trump was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
Trump is seeking to have the case dismissed after the Supreme Court ruled in a blockbuster decision that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office.
U.S. District Judge Alvin Hellerstein, in a ruling last week denying Trump’s bid to move the case from state court into federal court, wrote that “Nothing in the Supreme Court’s opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority.”
Trump’s attorneys subsequently asked the Second Circuit to stay Hellerstein’s ruling.
(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.
Former President and Republican presidential candidate Donald Trump speaks during a press conference at Trump National Golf Club Los Angeles in Rancho Palos Verdes, Calif., Sept. 13, 2024. (Robyn Beck/AFP via Getty Images)
(NEW YORK) — Amid Florida’s state investigation into the apparent assassination attempt made against Donald Trump, Secret Service Director Ronald Rowe told the former president additional planning and security procedures are needed for him to continue his golf outings.
Trump met with Rowe to discuss future protocol Monday afternoon, sources familiar with the briefing told ABC News.
Trump was encouraged by the acting director to give more or as much notice as possible for golf outings or any type of trip where he would be out exposed to the public.
With more notice, the USSS can request assets from local police to, for example, walk or search grounds before the Secret Service arrives and to station manpower at various locations, sources said.
It’s not clear what changes Trump may make to his golf schedule considering Rowe’s recommendation for increased security and planning.
On Tuesday, Florida Gov. Ron DeSantis announced he signed an executive order to launch a state investigation into Sunday’s apparent assassination attempt on Trump at his West Palm Beach golf club, saying “we need trust and transparency.”
During a news conference, DeSantis said he has assigned the state investigation to the Office of Statewide Prosecutor under the supervision of state Attorney General Ashley Moody. The governor said the state has jurisdiction over the “most serious straightforward offense, which is attempted murder,” which could carry a life sentence if the suspect, Ryan Wesley Routh, is convicted.
DeSantis questioned the federal government’s ability to properly investigate and prosecute the second assassination attempt in two months on Trump.
DeSantis said Americans are still waiting to learn the motive for the first attempt on the former president’s life at a July 13 campaign rally in Butler, Pennsylvania, in which a Secret Service sniper killed the suspect after he fired eight rounds with an AR-15-style rifle at Trump from the roof of a nearby building, investigators said. Trump suffered a bullet wound to the ear in the Butler incident and one rallygoer was killed and two were injured.
“In my judgment, it is not in the best interest of our state or our nation to have the same federal agencies that are seeking to prosecute Donald Trump leading this investigation, especially when the most serious straightforward offense constitutes a violation of state law but not federal law,” DeSantis said.
The Department of Justice declined to comment when asked by ABC News for a response to DeSantis’ remarks.
Routh, a convicted felon, was arrested shortly after what FBI officials described as an “apparent assassination attempt” on Trump at the Republican presidential nominee’s Trump International Golf Club in West Palm Beach. Federal prosecutors announced Monday that the 58-year-old Routh has been charged with possession of a firearm as a convicted felon and possession of a firearm with an obliterated serial number.
Routh was allegedly lying in wait on the periphery of the golf course for nearly 12 hours when a Secret Service agent several hundred yards ahead of Trump spotted the barrel of a rifle poking out from the tree line and opened fire on the gunman, the U.S. attorney for the Southern District of Florida said Monday. Routh allegedly ran to a car and drove off, leaving behind a loaded SKS-style 7.62×39 caliber rifle with a scope and two bags, including a backpack, federal officials said.
A citizen helped catch Routh in neighboring Martin County after taking a photo of the suspect’s getaway car and giving it to police, officials said.
The FBI is leading the investigation of the incident and the U.S. Attorney for the Southern District of Florida is prosecuting the case against Routh.
U.S. Attorney General Merrick Garland made his first on-camera remarks Tuesday addressing the suspected assassination attempt.
“I just want to note the FBI is continuing to investigate the apparent assassination attempt of the former president that occurred on Sunday in Florida,” Garland said. “We are grateful he is safe. The entire Justice Department, particularly the FBI, U.S. Attorney’s Office the Southern District of Florida, the National Security Division are all coordinating closely with our local, state law enforcement partners on the ground. We will all work together to tirelessly determine accountability in this matter. We will spare no resource in this investigation.”
On Monday, Markenzy Lapointe, the U.S. attorney for the Southern District of Florida, said at a news conference that the “U.S. Attorney’s Office, the Department of Justice would be unable to carry forth our mission without the invaluable assistance of our federal, state and local law enforcement partners.”
Acting Secret Service Director Ron Rowe Jr. said Monday that Trump was never in the line of sight of the suspected gunman and that the suspect did not get off a single shot.
Trump praised the Secret Service for protecting him during a phone call on Tuesday with ABC News chief Washington correspondent Jonathan Karl.
“I’m fine. The Secret Service did a good job, actually,” Trump said.
Asked by Karl if he thought the Secret Service has a good handle on protecting him during a heightened threat environment in the final days of the presidential campaign, Trump said, “Yeah, I do. I think Secret Service is doing a good job, and they did a very good job the last couple of days. On that event, I thought they were excellent.”
Homeland Security Secretary Alejandro Mayorkas, whose agency oversees the Secret Service, also praised Trump’s protection detail during an event hosted by Politico on Tuesday.
“They should be commended,” Mayorkas said.
Mayorkas said agents from the Secret Service eliminated the threat quickly and the agency has increased the former president’s protection.
“We, the United States Secret Service, has indeed enhanced the former president’s security posture so that he is receiving a level of security commensurate with the fact that he’s a former president and on the campaign trail,” Mayorkas said.
Moody said the state investigation into the incident will be handled by the Florida Department of Law Enforcement and the Florida Highway Patrol.
“The people of Florida deserve answers, and we will not stop until we know the truth and how we can best prevent similar attacks in Florida,” Moody said.
Moody said the state agencies will “investigate what happened when something went terribly wrong, when someone was allowed to remain on the periphery of a golf course in a tree line for 12 hours and get within 500 [yards]” of Trump.
Mark Glass, commissioner of the Florida Department of Law Enforcement, said his agency will “hunt for the truth.”
“Florida is a law-and-order state and we will not sit idly by while anybody stonewalls information sharing amongst our law enforcement entities,” Glass said without elaborating. “We know that if we want answers, we’ve got to go get them.”
Routh is being held at Federal Detention Center Miami, according to the Bureau of Prisons inmate locator. He is expected to remain in custody there pending his detention hearing next Monday and likely his trial.
(REDLANDS, Calif.) — Police have arrested a man in connection with the search for a couple missing from a nudist community in California.
Michael Sparks, 62, was arrested for murder late Thursday, days after the couple were reported missing, according to the Redlands Police Department. Police had been trying to locate Sparks on Thursday, breaching a home and conducting a search using remote video equipment to find him.
Sparks was not found at the home, but he was the same person who was being sought in the search, police said.
He has been booked murder at West Valley Detention Center.
Stephanie Menard, 73, and Daniel Menard, 79, were reported missing on Sunday, according to police. During a press briefing on Thursday, the Redlands Police Department said foul play was suspected after being tipped off by a source in the couple’s neighborhood.
The location of the couple and their dog remains unknown, police said.
The couple was last seen at their residence on Olive Dell Ranch — a family nudist resort — at around 10 a.m. local time on Saturday. Their unlocked vehicle was found down the road from the residence that day, according to police.
Stephanie Menard’s purse was found inside their residence along with both of their cellphones, according to police.
The couple’s dog, a white Shih Tzu named Cuddles, was also missing.
