Trump asks to push back his hush money sentencing date until after election
(NEW YORK) — Former President Trump is seeking to push back sentencing in his criminal hush money case until after the 2024 presidential election, arguing that the current sentencing date of Sept. 18 advances what his attorneys call prosecutors’ “naked election-interference objectives.”
Judge Juan Merchan has already delayed sentencing once, at Trump’s request, following the U.S. Supreme Court’s recent decision on presidential immunity.
Trump was originally scheduled to be sentenced on July 11. Judge Merchan ruled last month that he would rule on Trump’s immunity claim on Sept. 16 and impose sentencing two days later.
“That timing illustrates just how unreasonable it is to have the potential for only a single day between a decision on first-impression Presidential immunity issues and an unprecedented and unwarranted sentencing,” defense lawyers wrote in a letter to judge on Thursday.
Trump’s lawyers questioned whether sentencing should take place after the start of early voting, arguing that the timing harms the integrity of the proceedings.
“Finally, setting aside naked election-interference objectives, there is no valid countervailing reason for the Court to keep the current sentencing date on the calendar. There is no basis for continuing to rush,” defense lawyers wrote.
Trump’s request for a delay comes one day after Merchan sharply criticized defense lawyers for raising “inaccurate and unsubstantiated claims” in their motion to have Merchan recused from the case based on an alleged conflict of interest involving his daughter and Vice President Kamala Harris. Merchan denied the motion.
Despite Merchan denying their recusal motion, Trump’s lawyers again raised their arguments about “conflicts and appearances of impropriety” in their letter urging a delayed sentencing.
Trump was convicted in May on all 34 counts of falsifying business records connected to a hush payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
(NEW YORK) — Utah placed a blanket ban on at least 13 books in schools, including works by Sarah J. Maas, Judy Blume, Rupi Kaur, Margaret Atwood and other authors, in what free speech advocates say is the first state book ban.
The Utah State Board of Education put together a list of titles that have met the statewide threshold for removal based on a newly enforced law.
H.B. 29, signed by Gov. Spencer Cox in March, requires all schools to remove a book if school officials from at least three school districts or at least two school districts and five charter schools have determined that a book constitutes “objective sensitive material.”
“Objective sensitive material” is defined under the law as an instructional material that constitutes pornographic or indecent material, which is further defined in Utah law as depicting or describing sex or nudity while also lacking “serious value” for minors.
This first set of removed material — that state officials say will be updated in accordance with further book restrictions — includes Forever by Judy Blume, a coming-of-age book that touches on sexuality; Oryx and Crake by Margaret Atwood, a post-apocalyptic novel, and Milk and Honey by Rupi Kaur, a poetry book about “violence, abuse, love, loss, and femininity.”
“The Board is committed to following the law and the list will be updated if and when needed,” a spokesperson for the state Board of Education said in a statement to ABC News.
Several groups have spoken out against the banning of these books, including PEN America, a nonprofit dedicated to protecting free speech, and Let Utah Read, a coalition of Utah residents, educators, librarians and others.
“Allowing just a handful of districts to make decisions for the whole state is antidemocratic, and we are concerned that implementation of the law will result in less diverse library shelves for all Utahns,” said Kasey Meehan, a program director for PEN America’s Freedom to Read initiative.
Advocacy groups say they fear this is just the start of “statewide book purges.”
“Unlike some legislators who are out to make political hay and use national culture war issues to divide us, Utahns understand that great American authors like Judy Blume, Sherman Alexie, and Toni Morrison are not pornographers, and no one should be criminally charged for selling, giving, or lending a book to a high school student,” Let Utah Read said in a statement, referencing other authors who have faced bans in schools across the country.
(OROVILLE, Calif.) — A 26-year-old man has been arrested on suspicion of starting a massive Northern California wildfire in July that destroyed 26 homes and businesses and prompted the evacuation of nearly 30,000 people, officials said.
Spencer Grant Anderson of Oroville, California, was arraigned on Monday on charges of arson of an inhabited structure, arson of forest land and arson causing multiple structures to burn, according to the Butte County District Attorney’s Office.
Anderson was ordered to return to court on Wednesday after he has a chance to speak to his court-appointed attorney, prosecutors said.
“It was a long-term investigation. There are a lot of moving parts. Right now it’s an accusation and everybody has a right to a trial,” Anderson’s attorney, Larry Pilgrim, told ABC News on Tuesday as he waited at the Butte County Jail to speak to his client for the first time.
Pilgrim said he plans to ask for a continuance in the case to allow him to review the evidence. He said Anderson will enter a plea at a later date.
Investigators from the California Department of Forestry and Fire Protection (Cal Fire) identified Anderson as a possible suspect a day after the Thompson Fire ignited near the town of Oroville on July 2, Butte County District Attorney Mike Ramsey said at a news conference on Monday.
“For 50 days, Cal Fire devoted four to six investigators per day, brought in from around the state, to continuously watch Anderson as other investigators meticulously built the case,” Ramsey said. “If Anderson had chosen to light another fire, we were confident the surveillance personnel would be able to detect and stop the fire before it could get out of control.”
Anderson was taken into custody on Aug. 22 when Cal Fire investigators executed search warrants and “located evidence further implicating Anderson in starting the Thompson fire,” prosecutors said in a statement without elaborating on the evidence.
Ramsey said that on the day the fire was ignited, Cal Fire investigators pinpointed the area where the fire started near the intersection of Cherokee and Thompson Flat roads in a rural area northeast of Oroville and quickly determined the “fire was caused by an intentional human act.”
“Arson by its very terms is a very difficult crime to solve because it burns up the evidence,” Ramsey said, praising the work of investigators on the case.
Ramsey said several 911 callers and witnesses in the area at the time the fire started reported seeing a blue Toyota driving in the area and investigators determined the fire was most likely started by a flaming object thrown from the Toyota as it drove southbound on Cherokee Road.
Using automatic license plate readers in the area, investigators were able to identify the Toyota and trace it to Anderson, Ramsey said.
“Anderson was arrested and questioned. He admitted that on the morning of the fire, he purchased fireworks from a firework stand in Oroville, then went up to Cherokee Road to ‘test one’ by throwing it out his car window,” prosecutors said in the statement.
In addition to destroying 26 structures, including 13 homes, the Thompson Fire damaged eight structures and burned 3,789 acres before it was fully contained on July 8, according to Cal Fire. Two firefighters were injured battling the blaze, Cal Fire said.
If convicted of the charges, Anderson faces a maximum sentence of 21 years in prison, according to prosecutors. Anderson has been ordered to be held without bail at the Butte County Jail.
The Thompson Fire was the second wildfire deliberately set in Butte County in July. On July 24, the Park Fire was deliberately started in Bidwell Park near Chico and spread to more than 429,000 acres across Butte, Tehama, Shasta and Plumas counties.
Ronnie Dean Stout II, 42, was arrested on a felony count of arson of an inhabited structure or property, according to the Butte County District Attorney’s Office. Stout has pleaded not guilty.
Stout was allegedly spotted pushing a car that was on fire down a gully called “Alligator Hole” in Bidwell Park, igniting the Park Fire, now the fourth largest wildfire in California history, according to prosecutors.
(LOS ANGELES) — After hours of legal wrangling on Thursday, Hunter Biden pleaded guilty to nine tax-related charges in a last-minute bid to avoid a lengthy and potentially embarrassing trial, abandoning an earlier proposal to plead guilty while maintaining his innocence on the underlying conduct.
U.S. Judge Mark Scarsi accepted Hunter Biden’s guilty plea to his nine-count tax case. Sentencing in the case is scheduled for Dec. 16.
Scarsi clarified that Hunter Biden faces a maximum sentence of 17 years in prison and a fine of as much as $1.35 million.
“Do you agree that you committed every element of every crime alleged…in the indictment?” Judge Scarsi asked.
“Yes,” Hunter Biden said before pleading guilty to each count of the indictment.
It was perhaps the most stunning twist in a legal drama that has for years been defined by unexpected turns – and immediately raised the specter of a presidential pardon, despite President Joe Biden’s previous assurance that he would not grant his son clemency.
Prosecutors accused Hunter Biden in December of engaging in a four-year scheme to avoid paying $1.4 million in taxes while spending hundreds of thousands of dollars on exotic cars, clothing, escorts, drugs and luxury hotels.
Hunter Biden had originally pleaded not guilty to a nine-count indictment that includes six misdemeanor charges of failure to pay, plus a felony tax evasion charge and two felony charges of filing false returns.
But on Thursday, just moments before prospective jurors were to be summoned into the Los Angeles courtroom where his trial was scheduled to begin, Abbe Lowell, an attorney for Hunter Biden, announced his intention to submit a so-called “Alford plea,” which would allow Hunter Biden to plead guilty on all counts but preclude him from acknowledging guilt on the underlying conduct.
When prosecutors opposed that path – and Judge Scarsi expressed some hesitation in granting it – attorneys for Hunter Biden said he would enter a traditional guilty plea.
“Mr. Biden is prepared to proceed today and finish this,” Lowell said Thursday afternoon in court.
In pleading guilty to the tax charges, Hunter Biden managed to avoid what was expected to be a grueling and potentially embarrassing weekslong trial, during which prosecutors had planned to examine interludes from his time suffering drug addiction and his overseas business ventures.
Attorneys in special counsel David Weiss’ office had planned to introduce more than two dozen witnesses, including Hunter Biden’s ex-wife and her sister.
Dressed in a dark suit and thick-rimmed glasses, Hunter Biden on Thursday addressed the court to acknowledge that he understood the potential consequences of a guilty plea. His voice showed little emotion and he occasionally glanced into the gallery, where his wife, Melissa Cohen Biden, was seated.
Prosecutor Leo Wise, who earlier in the day called the Alford plea proposal “an injustice,” then read the entire 56-page indictment aloud in court to establish a factual record.
Thursday’s court appearance comes three months after Hunter Biden was convicted by a Delaware jury on three felony charges related to his purchase of a firearm in 2018 while allegedly addicted to drugs. His sentencing in that case is scheduled for Nov. 13.
What did prosecutors allege?
In their 56-page indictment, prosecutors alleged that Hunter Biden willfully avoided paying taxes by subverting his company’s own payroll system, that he failed to pay his taxes on time despite having the money to do so, and that he included false information in his 2018 tax returns.
“[T]he defendant spent this money on drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing, and other items of a personal nature, in short, everything but his taxes,” the indictment alleged.
Prosecutors also highlighted millions of dollars that Hunter Biden received from overseas business in Ukraine, China, and Romania in exchange for “almost no work.”
Although Hunter Biden eventually paid back all his back taxes and penalties with the help of a third party — identified by ABC News as Hunter Biden confidant Kevin Morris — Judge Scarsi blocked defense attorneys from introducing that information to the jury.
“Evidence of late payment here is irrelevant to Mr. Biden’s state of mind at the time he allegedly committed the charged crimes,” Scarsi wrote in an order last week.
Last June, Hunter Biden agreed to plead guilty to two misdemeanor offenses, acknowledging that he failed to pay taxes on income he received in 2017 and 2018. The deal also allowed him to enter into a pretrial diversion agreement to avoid criminal charges related to his 2018 firearm purchase.
Had the deal worked out, Hunter Biden would have likely faced probation for the tax offenses and had his gun charge dropped if he adhered to the terms of his diversion agreement.
However, the plea deal fell apart during a contentious hearing before U.S. District Judge Maryellen Noreika, who took issue with the structure of the deal.
By September, the special counsel had unsealed an indictment in Delaware charging Hunter Biden for lying on a federal form when he purchased a firearm in 2018.
The federal indictment in Los Angeles for the tax crimes followed in December.
ABC News’ Olivia Rubin contributed to this report.