Trump election case is tossed after special counsel requests dismissal citing ‘categorical’ DOJ policy
Chris Unger/Zuffa LLC vis Getty Images
(WASHINGTON) — The judge overseeing Donald Trump’s election interference case has dismissed the case, after special counsel Jack Smith asked the judge to toss the case due to a long-standing Justice Department policy that bars the prosecution of a sitting president.
Smith earlier Monday moved to dismiss Trump’s election interference case and the appeal of his classified documents case ahead of Trump’s impending inauguration, due to the DOJ’s presidential immunity policy and not because the charges lacked merit.
U.S. District Court Judge Tanya Chutkan dismissed the charges against Trump without prejudice, leaving open the highly unlikely possibility of a future prosecution.
In a two-page opinion, Judge Chutkan wrote that dismissing the case without prejudice is “appropriate” and would not harm the “public interest,” agreeing with Smith’s argument that Trump’s immunity would not cover him when he leaves office.
“Dismissal without prejudice is also consistent with the Government’s understanding that the immunity afforded to a sitting President is temporary, expiring when they leave office,” Chutkan wrote.
However, it’s extremely unlikely that any prosecutor would attempt to bring the same charges in the future, in part because the statute of limitations for the alleged crimes will have expired by the time Trump leaves office in four years.
Trump’s lawyers did not oppose the government’s motion to dismiss the case without prejudice.
Smith also asked the judge in Trump’s classified documents case that his appeal against Trump’s two co-defendants in that case, Walt Nauta and Carlos De Olivera, be allowed to continue.
Smith’s requests came nearly 16 months after a grand jury first indicted Trump over his alleged efforts to unlawfully overturn the results of the 2020 election.
“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 stated in his motion.
“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,” the motion said. “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.”
Smith moved to dismiss his appeal of the charges against Trump in his classified documents case, in which Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after 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.
Monday’s filing asked the court to dismiss that appeal — but it sought to keep the appeal in place for Nauta and De Olivera, two Trump employees who pleaded not guilty to obstruction charges.
“The appeal concerning the other two defendants will continue because, unlike defendant Trump, no principle of temporary immunity applies to them,” the filing said.
In a statement, John Irving, a lawyer for De Oliveira, said, “The Special Counsel’s decision to proceed in this case even after dismissing it against President Trump is an unsurprising tribute to the poor judgment that led to the indictment against Mr. De Oliveira in the first place. Just because you can doesn’t mean you should. If they prefer a slow acquittal, that’s fine with us.”
Trump campaign spokesperson Steven Cheung, in a statement, called Smith’s motions to dismiss a “major victory for the rule of law” and said, “The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country.”
In the election interference case, 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.
Earlier this month, Judge Chutkan cancelled the remaining deadlines in the election interference 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.
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, 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.
Getting Monday’s filings 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.
Garland has made clear in appearances before Congress and in 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 following his probe of President Joe Biden’s handling of classified documents before assuming the presidency, and by special counsel John Durham following his probe of the 2016 Russia investigation.
Special counsel David Weiss is still continuing his investigation of FBI informant Alexander Smirnov, who pleaded not guilty to charges of lying about President Biden and his son Hunter Biden, and is set to take the case 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.
Official White House Photo by Shealah Craighead. Via Flickr
(WASHINGTON) — After a sweeping victory over Vice President Kamala Harris on Nov. 5, President-elect Donald Trump is now set to become just the second ever to serve nonconsecutive terms in office.
Trump has wasted no time in moving to assemble his team for a second term in the White House — naming Susie Wiles as his chief of staff, Florida Rep. Mike Waltz as his national security adviser and Tom Homan as his “border czar,” among other positions.
Inauguration Day is Jan. 20.
Nov 14, 2024, 12:04 PM EST – Thune says he doesn’t know if Gaetz will be confirmed until they start the process
When asked if he believes Matt Gaetz could be confirmed as attorney general, the incoming Senate majority leader told ABC News he doesn’t know until they start the Senate confirmation process.
“I don’t know until we start the process, and that’s what we intend to do with him and all the other potential nominees,” Sen. John Thune said. “None of this stuff’s formal yet, but you know, when it is, we expect our committees to do their jobs and provide the advice and consent that is required under the Constitution.”
Gaetz, who had been under a House ethics investigation over allegations of sexual misconduct and illicit drug use, resigned from Congress on Wednesday following his nomination for attorney general by Trump. Sources told ABC News the committee was preparing to meet this week to deliberate over whether to release a final report on the matter.
Sen. Dick Durbin, D-Ill., who currently chairs the Senate Judiciary Committee, has called for the report’s release, saying Gaetz’s resignation raises “serious questions” about its contents.
“We cannot allow this valuable information from a bipartisan investigation to be hidden from the American people,” Durbin said in a statement Thursday.
House Ethics Committee Chairman Rep. Michael Guest, R-Miss., refused to discuss the confidentiality of the investigation into Gaetz.
“What happens in ethics is confidential,” Guest told reporters Thursday.
-ABC News’ Hannah Demissie, Isabella Murray, Lauren Peller, Arthur Jones II and Mariam Khan
Nov 14, 2024, 11:46 AM EST – Mayorkas committed to a ‘smooth transition’ for incoming DHS secretary
Homeland Security Secretary Alejandro Mayorkas said he is committed to a “smooth transition” at the department he leads.
“I am committed to a smooth transition to ensure that the incoming Secretary and their team understands the challenges that we face on the homeland, and to ensure that the team understands, appreciates and is in a position to advance the capabilities that we have developed and strengthened to address those challenges successfully,” Mayorkas said on a conference call with reporters on a separate topic on Thursday. “The transition team has not landed here at the Department of Homeland Security.”
He said the department is still implementing President Joe Biden’s policies.
“We are no different than any administration that perceives us in so far as we have a president now and we are executing the policies of this president. The president-elect will determine what policies to promulgate and implement, and that is, of course, the president-elect’s prerogative.”
South Dakota Gov. Kristi Noem was nominated by Trump for the DHS secretary position, which requires Senate confirmation.
-ABC News’ Luke Barr
Nov 14, 2024, 11:28 AM EST – Nikki Haley says she spoke with Trump transition team, did not want position
In an episode of her online radio show, SiriusXM’s Nikki Haley Live, on Wednesday, former U.S. ambassador to the U.N. Nikki Haley claimed that Trump’s transition team spoke to her asking for advice about who should be in Trump’s cabinet, although she said she made it clear she did not want to take a position in the administration.
She also indicated that the way Trump handled saying she would not be in the administration was “shallow.”
“I had no interest in being in [Trump’s] cabinet. He knew that,” Haley said.
Haley said Trump confidant (and incoming special envoy to the Middle East) Steve Witkoff spoke to her saying he “wanted a truce between me and Donald Trump. And I told him at the time, there was no truce needed, that I had — that Trump had my support, there was no issues [sic] on my end,” Haley said.
“And at that point he was like, ‘What do you want? Tell me what you want. Is there anything you want?’ And I said, ‘There’s nothing I want.’ And there wasn’t anything I wanted.”
She said that later that she spoke directly with Trump transition director Howard Lutnick to give advice.
ABC News has reached out to the Trump transition team about Haley’s claims.
-ABC News’ Oren Oppenheim, Soorin Kim, Lalee Ibssa, Kelsey Walsh and Hannah Demissie
Nov 14, 2024, 6:59 AM EST – DeSantis says he’s instructed Florida’s secretary of state to make a schedule for upcoming special elections
With both Florida Reps. Matt Gaetz and Mike Waltz being tapped for President-elect Donald Trump’s cabinet, Gov. Ron DeSantis announced on X on Thursday morning that he’s instructed Florida’s secretary of state to make a schedule for the special elections to replace them.
“Congratulations to the Floridians being appointed to key positions in the Trump Administration: Senator Marco Rubio, Congressman Matt Gaetz, and Congressman Mike Waltz,” DeSantis wrote on X. “I’ve instructed Secretary of State Cord Byrd to formulate and announce a schedule for the upcoming special elections immediately.”
However, DeSantis’ post did not mention anything about when these elections could happen.
Nov 13, 2024, 9:25 PM EST – Trump considering his lawyer for deputy attorney general: Sources
President-elect Donald Trump is considering his top defense attorney for the second highest position in the Department of Justice, sources tell ABC News.
Todd Blanche, who represented Trump in the hush money case and in both of Jack Smith’s federal probes, is being considered as the deputy attorney general, multiple sources said.
Blanche had been widely speculated to join Trump in the federal government in some form.
The position would need Senate confirmation.
-ABC News’ Katherine Faulders
Nov 13, 2024, 7:20 PM EST – Gaetz already resigned from Congress, Speaker Johnson says
Florida Rep. Matt Gaetz, Trump’s pick for attorney general, offered his resignation from Congress earlier Wednesday — effective immediately, House Speaker Mike Johnson announced.
Johnson said the resignation took him by “surprise” but that the Florida congressman did so to “start the clock” on the process for Florida Gov. Ron DeSantis to call a special election to fill his vacancy.
“We’re grateful for that so we move forward,” Johnson said.
The move slims the new House GOP majority.
Johnson did not weigh in on the House Ethics Committee probe into Gaetz that will now cease with no report released, as Gaetz is no longer a member of Congress.
-ABC News’ Lauren Peller and Isabella Murray
Nov 13, 2024, 3:31 PM EST – Trump nominates Matt Gaetz as attorney general
Trump has nominated Florida Rep. Matt Gaetz to be his attorney general, he posted on his social media.
Gaetz was seen traveling with Trump in the motorcade Wednesday during the president-elect’s visit to Washington, D.C.
The role is a Senate-confirmed appointment.
Trump called Gaetz a “deeply gifted and tenacious attorney” who will “end Weaponized Government, protect our Borders, dismantle Criminal Organizations and restore Americans’ badly-shattered Faith and Confidence in the Justice Department.”
Gaetz is an explosive selection by Trump to be the chief law enforcement officer of the federal government, leading the very same executive branch of government that spent years investigating allegations regarding the Florida congressman. Gaetz was informed that the DOJ would not seek charges just last year. He has long denied any wrongdoing.
Gaetz faces an ongoing probe by the House Ethics Committee for the same allegations, related to sex trafficking and obstruction of justice.
Gaetz has been down in Mar-a-Lago almost daily since Election Day, helping make suggestions and input on other administration selections, sources told ABC News.
-ABC News’ Will Steakin
Nov 13, 2024, 3:20 PM EST – Tulsi Gabbard tapped as director of national intelligence
Trump announced that former Rep. Tulsi Gabbard is his pick for director of national intelligence.
“I know Tulsi will bring the fearless spirit that has defined her illustrious career to our Intelligence Community, championing our Constitutional Rights, and securing Peace through Strength,” Trump said in a statement.
The role is a Senate-confirmed appointment.
Gabbard, who once ran for president as a Democrat, had a prominent role as part of Trump’s 2024 campaign team.
Nov 13, 2024, 3:06 PM EST – Marco Rubio announced as secretary of state pick
Trump has officially announced Florida Sen. Marco Rubio as his nomination for secretary of state.
“Marco is a Highly Respected Leader, and a very powerful Voice for Freedom,” Trump said in a statement. “He will be a strong Advocate for our Nation, a true friend to our Allies, and a fearless Warrior who will never back down to our adversaries.”
The role must be confirmed by the Senate.
November 13, 2024, 2:23 pm EST – Biden, Trump had ‘substantive meeting and exchange of views’: White House
President Joe Biden and Trump had a “substantive meeting and exchange of views” during their nearly two-hour Oval Office meeting on Tuesday, according to the White House press secretary.
“They discussed important national security and domestic policy issues facing the nation and the world,” Karine Jean-Pierre told reporters during a briefing following the meeting. “President Biden also raised important items on Congress’s to-do list for the lame duck session, including funding the government and providing the disaster supplemental funding the president requested.”
Biden also reiterated that “we will have an orderly transition and a peaceful transition of power,” she added.
On the national security discussion, ABC News Chief White House Correspondent Mary Bruce asked White House national security adviser Jake Sullivan if Biden made the case for the U.S. not to walk away from Ukraine, and how the message was received.
“I will only note that President Biden reinforced his view that the United States, standing with Ukraine on an ongoing basis, is in our national security interest,” Sullivan responded, adding that “standing up to aggressors and dictators and pushing back against their aggression is vital to ensuring that we don’t end up getting dragged directly into a war.”
-ABC News’ Molly Nagle
November 13, 2024, 11:37 AM EST – The battle for Trump’s treasury secretary
As Trump continues to round out his cabinet, the job of treasury secretary remains in flux, with the co-chair of Trump’s transition team actively vying for the job, sources familiar with the matter told ABC News.
Howard Lutnick is looking to be tapped as treasury secretary, sources said, a move that comes as investor and hedge fund manager Scott Bessent is also a top contender for the role.
Bessent traveled to Mar-a-Lago as recently as Friday to meet with Trump about the job, the sources said.
Lutnick, on the other hand, spends hours with Trump nearly each day, presenting candidates for top roles in the administration. As such, the move by Lutnick to attempt to get a cabinet position for himself has frustrated some close to Trump.
Sources caution the job is still in flux and neither man could get the job — with the potential for other candidates to emerge.
One potential dark horse for the job, one source told ABC News, is former Trump administration trade representative Robert Lighthizer, who Trump sees as an aggressive advocate for his tariff-heavy approach to international trade.
-ABC News’ Jonathan Karl, Olivia Rubin and Katherine Faulders
November 13, 2024, 11:32 AM EST – Trump and Biden meet in Oval Office
President Joe Biden and Trump are meeting in the Oval Office, resuming a tradition that Trump himself flouted in 2020.
Biden spoke first and called for a smooth transition. Trump then said politics is tough but the transition will be smooth.
They did not answer questions.
November 13, 2024, 11:06 AM EST – Trump announces senior White House staff
Trump announced his senior staff on Wednesday, bringing back some of his well-known names from his first term and those who helped on his campaign.
Dan Scavino, one of Trump’s long-time allies, was named assistant to the president and deputy chief of staff. Stephen Miller was named assistant to the president and deputy chief of staff, a move reported earlier this week.
James Blair, the Republican National Committee political director and campaign aide, has been named assistant to the president and deputy chief of staff for legislative, political and public affairs. Taylor Budowich will serve as assistant to the president and deputy chief of staff for communications and personnel. He was a senior member of several of Trump’s PACs.
November 13, 2024, 9:50 AM EST – Trump struggles with attorney general decision, Musk sits in on interviews for key positions: Sources
President-elect Donald Trump is moving quickly to install loyalists and allies into his administration. But he’s struggling with making a decision on one of his top law enforcement positions: attorney general, multiple sources told ABC News.
Trump interviewed multiple candidates for attorney general on Tuesday, but he came away unsatisfied, sources with knowledge of the conversations told ABC News.
Trump interviewed Missouri Attorney General Andrew Bailey on Monday, and sat down with lawyers Jay Clayton and Bob Giuffra about the post, sources said. No final decision has been made, sources said.
Notably, billionaire Elon Musk has been involved in — and sitting in on — interviews with potential attorney general candidates, the sources said.
In a sign of how quickly other positions are moving, Pete Hegseth — the Fox News host selected as the nominee for Defense Secretary — was just called Monday and interviewed for the position Tuesday, a source familiar told ABC News.
Within hours, Trump made his choice, sources added. Several Republicans on Capitol Hill and even some Trump allies described being “caught off guard” by the pick.
-Katherine Faulders, Will Steakin, Rachel Scott, John Santucci
November 13, 2024, 5:30 AM EST – Illinois, Colorado governors announce state-level coalition to resist Trump policies
Democratic Govs. J.B. Pritzker of Illinois and Jared Polis of Colorado will be the co-chairs of a new “non-partisan” coalition of the nation’s governors committed to protecting the “state-level institutions of democracy” ahead of Donald Trump’s incoming presidency.
Governors Safeguarding Democracy, or GSD, will be overseen by governors and supported by a network of senior staff designated by each leader while being supported by GovAct, an organization “championing fundamental freedoms.”
GovAct is advised by a bipartisan board that includes former Republican and Democratic governors and senior officials like former GOP Gov. Arne Carlson of Minnesota, former Democratic Gov. Deval Patrick of Massachusetts and former GOP Gov. Bill Weld of Massachusetts.
-ABC News’ Isabella Murray
November 12, 2024, 7:59 PM EST – Gov. Kristi Noem picked for Homeland Security secretary
Trump confirmed he has picked South Dakota Gov. Kristi Noem to be his Homeland Security secretary.
Trump said in a statement that Noem will work closely with “border czar” Tom Homan and “will guarantee that our American Homeland is secure from our adversaries.”
The role requires Senate confirmation.
November 12, 2024, 7:47 PM EST – Trump announces Department of Government Efficiency led by Musk, Ramaswamy
Trump has announced that billionaire Elon Musk and Vivek Ramaswamy, a former presidential candidate and ally of the president-elect, will lead a new Department of Government Efficiency.
“Together, these two wonderful Americans will pave the way for my Administration to dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies,” Trump said in a statement.
The Department of Government Efficiency is not a new government agency. Trump said it will “provide advice and guidance from outside of government” and “partner” with the White House and Office of Management and Budget to drive structural government reform.
Trump has previously said Musk would take a role in his administration as head of a new “government efficiency commission.”
November 12, 2024, 7:27 PM EST – Trump nominates Pete Hegseth for defense secretary
Trump has nominated Pete Hegseth to be his defense secretary.
Hegseth is currently a host of “Fox & Friends” as well as an Army combat veteran.
“Nobody fights harder for the Troops, and Pete will be a courageous and patriotic champion of our ‘Peace through Strength’ policy,” Trump said in a statement.
The role requires Senate confirmation.
November 12, 2024, 5:57 PM EST – Trump picks John Ratcliffe for CIA director
Trump announced that John Ratcliffe is his pick for director of the Central Intelligence Agency.
The role requires Senate confirmation.
Ratcliffe was a former director of National Intelligence during Trump’s first term.
“I look forward to John being the first person ever to serve in both of our Nation’s highest Intelligence positions,” Trump said in a statement, adding that Ratcliffe “will be a fearless fighter for the Constitutional Rights of all Americans.”
November 12, 2024, 5:55 PM EST – Trump names attorney Bill McGinley as his White House counsel
Trump has named attorney Bill McGinley as his White House counsel, his transition team announced.
McGinley served as the White House Cabinet secretary during Trump’s first term and has served as general counsel at the National Republican Senatorial Committee.
“Bill is a smart and tenacious lawyer who will help me advance our America First agenda while fighting for election integrity and against the weaponization of law enforcement,” Trump said in a statement.
The White House counsel is appointed by the president.
November 12, 2024, 5:27 PM EST – Trump taps friend and donor Steve Witkoff as special envoy to the Middle East
Trump has tapped his longtime friend and donor Steve Witkoff as his special envoy to the Middle East, the president-elect’s transition team announced.
Witkoff, along with former Sen. Kelly Loeffler, has been leading the inauguration efforts.
Witkoff has held multiple fundraisers for Trump throughout the election cycle and accompanied him to numerous campaign rallies. He was also golfing with Trump during the alleged second assassination attempt in West Palm Beach earlier this year.
-ABC News’ Soo Rin Kim, Kelsey Walsh and Lalee Ibssa
November 12, 2024, 4:42 PM EST – Trump expected to tap Kristi Noem for DHS secretary: Sources
Trump is expected to soon announce he has chosen South Dakota Gov. Kristi Noem as his next secretary for the Department of Homeland Security, according to sources.
The role requires Senate confirmation.
Noem was on the short-list to be Trump’s running mate, but her chances dimmed as she fended off controversy over accounts in her book about killing her dog that she claimed was showing aggressive behavior.
She also faced backlash after her spokesperson said a claim she made about meeting North Korean leader Kim Jong Un and an account of an interaction with former U.N. Ambassador Nikki Haley were “errors.”
She is a loyal Trump ally who will work closely with Trump’s new border czar Tom Homan and new deputy chief of staff for policy, Stephen Miller. CNN was first to report the news of Noem as the secretary pick.
-ABC News’ Jonathan Karl. Rachel Scott, Katherine Faulders and Luke Barr
November 12, 2024, 3:25 PM EST – DeSantis must call for special elections to fill Waltz’s impending vacancy
To replace Florida Rep. Mike Waltz in the U.S. House following his selection to serve as Trump’s national security adviser, state statute requires Gov. Ron DeSantis to call for a special primary and then a special election in Florida.
The special elections to fill the House seat differ from Florida’s way of filling Senate seats. State law mandates that DeSantis appoint an individual to fill any Senate vacancy.
Waltz currently represents Florida’s solidly red 6th Congressional District, one that hasn’t been represented by a Democrat since 1989. DeSantis himself was the congressmember for the northeastern Florida seat ahead of Waltz.
ABC News has not yet reported a projection for who will have control of the House, but Waltz’s impending vacancy could impact Republicans’ numbers as they head toward a GOP “trifecta” in Washington.
-ABC News’ Isabella Murray
November 12, 2024, 2:01 PM EST – Trump nominates Mike Huckabee to be Israeli ambassador
Trump announced he has nominated former Arkansas Gov. Mike Huckabee to be the U.S. ambassador to Israel.
“Mike has been a great public servant, Governor, and Leader in Faith for many years,” Trump said in a statement. “He loves Israel, and the people of Israel, and likewise, the people of Israel love him. Mike will work tirelessly to bring about Peace in the Middle East!”
The role, which will need to be confirmed by the Senate, will be a key appointment as tensions remain high in the Middle East.
November 12, 2024, 1:37 PM EST – Trump officially announces Waltz as national security adviser pick
Trump has officially announced his appointment of Florida Rep. Mike Waltz as his national security adviser.
The president-elect highlighted Waltz’s military background in a statement on the appointment, noting that he is the first Green Beret to have been elected to Congress and served in the Army Special Forces for 27 years.
“Mike has been a strong champion of my America First Foreign Policy agenda, and will be a tremendous champion of our pursuit of Peace through Strength!” Trump said in a statement.
The national security adviser is appointed by the president without confirmation by the Senate.
-ABC News’ Soo Rin Kim, Kelsey Walsh and Lalee Ibssa
November 12, 2024, 11:50 AM EST – Will Trump’s administration picks impact House control?
While control of the House has not yet been projected by ABC News, Republicans are inching toward maintaining their slim majority.
But already, Trump has picked several lawmakers to serve in his administration: Rep. Elise Stefanik for United Nations ambassador and Rep. Mike Waltz for national security adviser.
Speaker Mike Johnson, asked about the issue on Tuesday, said he’s spoken to Trump about it several times.
“We have a really talented Republican Congress … Many of them can serve in important positions in the new administration. But President Trump fully understands, appreciates the math here and it’s just a numbers game,” Johnson said. “You know, we believe we’re going to have a larger majority than we had last time.”
The speaker added: “I don’t expect that we will have more members leaving, but I’ll leave that up to him.”
November 12, 2024, 11:39 AM EST – Billionaire John Paulson says he’s not a candidate for Treasury role
Billionaire John Paulson said Tuesday he does not plan to formally join the administration as the secretary of the U.S. Department of the Treasury, though he said he intends to remain actively involved with Trump’s economic team.
“Although various media outlets have mentioned me as a candidate for Secretary of the Treasury, my complex financial obligations would prevent me from holding an official position in President Trump’s administration at this time,” Paulson said in a statement.
“However, I intend to remain actively involved with the President’s economic team and helping in the implementation of President Trump’s outstanding policy proposals,” he added.
-ABC News’ Beatrice Peterson
November 12, 2024, 11 AM EST – Johnson teases Trump visit to the Capitol
House Speaker Mike Johnson confirmed that Trump is expected to visit the U.S. Capitol to celebrate a potential Republicans “trifecta” on Wednesday morning before he sits down in the Oval Office with President Joe Biden later in the day.
“Well, I’ll say I didn’t intend to break this as news this morning,” Johnson quipped as he held a press conference with House Republican leadership.
“He wanted to come and visit with House Republicans, so we’re working out the details of him gathering with us potentially tomorrow morning, before he goes to the White House,” Johnson said. “And that would be a great meeting and a moment for all of us, there’s a lot of excitement, a lot of energy here. We’re really grateful for President Trump leaving it all on the field to get reelected.”
ABC News’ John Parkinson, Isabella Murray and Lauren Peller
November 12, 2024, 11 AM EST – House Republican leadership say they’re ready for Day 1 under Trump
Returning to Washington on Tuesday, Speaker Mike Johnson and other top House Republicans took a victory lap on last week’s election results.
While ABC News has not yet projected House control, Republicans are three seats away from clinching the 218 needed for a majority.
Johnson said they are monitoring outstanding races closely but are confident they will have a “unified” government come January.
“This leadership will hit the ground running to deliver President Trump’s agenda in the 119th Congress, and we will work closely with him and his administration to turn this country around and unleash, as he says, a new golden age in America,” Johnson said at a press conference on the Capitol steps.
November 11, 2024, 11:22 PM EST – Trump’s new ‘border czar’ issues warning to sanctuary states and cities
President-elect Donald Trump’s newly picked “border czar” Tom Homan addressed his forthcoming deportation plan and state leaders who have objected to sweeping immigration policies.
During an appearance on Fox News on Monday, Homan issued a warning to so-called “sanctuary” states and cities to “get the hell out of the way” of the Trump administration’s mass deportation plans.
“I saw today numerous governors from sanctuary states saying they’re going to step in the way. They better get the hell out of the way. Either you help us or get the hell out of the way, because ICE is going to do their job,” he warned, referring to the U.S. Immigration and Customs Enforcement, where he formerly served as director.
“I’ll double the workforce in that sanctuary city. We’re going to do our job despite the politics. We’re doing it. So get used to it, because we’re coming,” Homan said.
When asked if he plans to deport American citizens, Homan said, “President Trump has made it clear we will prioritize public safety threats and national security threats first, and that’s how the focus would be.”
-ABC News’ Soo Rin Kim
November 11, 2024, 8:48 PM EST – Trump expected to tap Sen. Marco Rubio for secretary of state: Sources
President-elect Donald Trump is expected to announce his intention to nominate Sen. Marco Rubio (R-Fla.) for secretary of state, according to multiple sources familiar with the matter.
Rubio, 53, has served in the Senate since 2011. He is currently the vice chair of the Senate Select Committee on Foreign Intelligence, and he also sits on the chamber’s Foreign Relations Committee.
Several long-serving State Department officials tell ABC News they respect Rubio’s extensive foreign policy experience and view him as unlikely to overly politicize the secretary of state role.
The secretary of state is appointed by the president with the consent of the Senate.
-ABC News’ Katherine Faulders and Shannon Kingston
November 11, 2024, 7:00 PM EST – Trump asks Rep. Mike Waltz to be his national security adviser: Sources
Trump has asked Rep. Mike Waltz, R-Fla., to be his national security adviser, multiple sources said.
Waltz was at Mar-a-Lago on Monday, sources said.
Waltz is a former Green Beret and China hawk who emerged as a key surrogate for Trump, criticizing the Biden-Harris foreign policy record during the campaign.
The Florida Republican sits on the Intelligence, Armed Services and Foreign Affairs committees.
He has supported aid to Ukraine in the past but has demanded “conditions,” including increased spending from European allies, additional oversight of funds and pairing the aid with border security measures.
Waltz, who has visited Ukraine, was a vocal critic of the Biden administration’s policy towards Ukraine, criticizing the White House and allies for not providing Ukraine with more lethal aid — such as MiG fighter planes — earlier in the conflict.
Before running for elected office, Waltz served in various national security policy roles in the Bush administration, Pentagon and White House.
-ABC News’ Rachel Scott, Benjamin Siegel, John Santucci and Katherine Faulders
November 11, 2024, 6:06 PM EST – Volunteer-run effort on RFK Jr.’s website crowd-sourcing ideas for Trump admin appointments
A volunteer-run effort on Robert F. Kennedy Jr.’s website has begun crowd-sourcing ideas for appointments in Trump’s administration.
A website titled “Nominees for the People” gives anyone the chance to submit names of people they’d like to see join the administration.
“President Trump and Robert F. Kennedy Jr. want your help nominating people of integrity and courage for over 4,000 appointments across the future Trump administration,” the website reads.
Stefanie Spear, a Kennedy spokeswoman, told ABC News that the crowd-sourcing effort is “a grassroots initiative run by volunteers,” and is not actually spearheaded by Kennedy, although the page uses the “mahanow.org” URL that Kennedy’s official campaign website adopted after he exited the race.
“We’ve always offered space on our website to our grassroots movement,” Spear said.
This post has been updated to reflect that the crowd-sourcing effort is a volunteer-run effort.
-ABC News’ Sasha Pezenik
November 11, 2024, 5:55 PM EST – Trump’s ‘border czar’ says mass deportation strategy will be a main priority
Former Immigration and Customs Enforcement Director Tom Homan, Trump’s newly announced “border czar,” said his main priority will be overseeing and formulating Trump’s long-vowed mass deportation strategy while consolidating decisions related to border security.
“Everybody talks about this mass deportation operation. President Trump talks about. I’ll oversee that and come up with a strategy for that,” Homan said during a lengthy interview with his hometown television station WWNY on Monday.
Homan said Trump’s mass deportations is “going to be a targeted enforcement operation, concentrating on criminals and national security threats first.”
He acknowledged that the deportations would be costly but argued the policy would “save the taxpayers a lot of money.”
Homan said he does not plan to “separate women and children” but acknowledged that deporting alleged criminals would result in breaking up families.
“When we arrest parents here, guess what? We separate them. The illegal aliens should be no different,” Homan said.
Homan also said worksite enforcement — an aspect of immigration policy focused on unauthorized workers and employers who knowingly hire them — is “going to get fired back up.”
“Under President Trump, we’re going to work it and we’re going to work it hard,” he said.
-ABC News’ Peter Charalambous
November 11, 2024, 5:46 PM EST – Melania Trump skipping meeting with Jill Biden: Sources
Melania Trump is not expected to travel to Washington with President-elect Donald Trump on Wednesday, two sources told ABC News.
First lady Jill Biden had extended an invite to Melania Trump for a meeting, according to the sources. In 2016, Michelle Obama had hosted Melania Trump at the White House.
The Trump campaign declined to comment. The first lady’s office confirmed to ABC News that a joint invitation was extended to the Trumps to meet at the White House though declined to comment beyond that.
-ABC News’ Rachel Scott, John Santucci and Molly Nagle
November 11, 2024, 4:26 PM EST – RFK Jr. advising Trump transition on health decisions: Sources
Robert F. Kennedy Jr. has continued to broadly advise Trump and the transition team on health-related appointments and has been in discussions to possibly fill a major role in the next administration, sources familiar with the matter told ABC News.
While sources caution that a role has not been finalized, RFK Jr. has been discussed as a potential candidate for the next secretary of Health and Human Services. But other roles are also on the table, including a broad “czar”-like position that would advise on policy and personnel decisions in other health arenas, the sources said.
RFK Jr. has been in active discussions with the transition team since Trump’s election victory last week. He’s been spotted at Trump’s Mar-a-Lago club multiple times and has been engaging in presentations which include candidates for specific Cabinet and health-related jobs, sources said.
He has spent hours with the co-heads of Trump’s transition team — billionaire Howard Lutnick and Linda McMahon — in addition to others at Mar-a-Lago such as Trump’s son Donald Trump Jr.; investor and donor Omeed Malik; Tucker Carlson; and Del Bigtree, RFK Jr.’s former campaign spokesperson who produced a documentary called “Vaxxed: From Cover-Up to Catastrophe.”
-ABC News’ Katherine Faulders, Olivia Rubin and Will McDuffie
November 11, 2024, 3:30 PM EST – Lee Zeldin named to be EPA administrator
President-elect Donald Trump has tapped former New York Rep. Lee Zeldin to lead the Environmental Protection Agency.
“Lee, with a very strong legal background, has been a true fighter for America First policies,” Trump said in a statement. “He will ensure fair and swift deregulatory decisions that will be enacted in a way to unleash the power of American businesses, while at the same time maintaining the highest environmental standards, including the cleanest air and water on the planet. He will set new standards on environmental review and maintenance, that will allow the United States to grow in a healthy and well-structured way.
Zeldin, who also ran for New York governor against Andrew Cuomo in 2022, confirmed he had been offered the job via a post on X.
“It is an honor to join President Trump’s Cabinet as EPA Administrator,” he wrote. “We will restore US energy dominance, revitalize our auto industry to bring back American jobs, and make the US the global leader of AI. We will do so while protecting access to clean air and water.”
-ABC News’ John Santucci, Rachel Scott and Katherine Faulders
November 11, 2024, 3:06 PM EST -RFK Jr. suggests he’ll gut NIH, replace 600 employees
Robert F. Kennedy Jr. indicated over the weekend that he would fire 600 employees at the National Institutes of Health, replacing them with a new cohort of workers as he seeks to dramatically reshape America’s health agencies.
Speaking at the Genius Network Annual Event in Scottsdale, Arizona, Kennedy described his role vetting people for Donald Trump’s new administration.
“We need to act fast, and we want to have those people in place on Jan. 20, so that on Jan. 21, 600 people are going to walk into offices at NIH and 600 people are going to leave,” Kennedy said, according to a video of his remarks posted on YouTube.
November 11, 2024, 3:06 PM EST- Trump expected to announce Stephen Miller as deputy chief of staff
President-elect Donald Trump is expected to announce Stephen Miller, an immigration hard-liner and one of his senior advisers, will become his deputy chief of staff for policy, multiple sources familiar with the matter told ABC News.
It’s not clear when Trump plans to formally announce the job, the sources said.
Miller worked in the first Trump administration and played a key role in crafting immigration policies — including those that resulted in thousands of families being separated at the border.
-ABC News’ Rachel Scott, John Santucci and Katherine Faulders
November 11, 2024, 3:00 PM EST – Trump picks Elise Stefanik as UN ambassador
President-elect Donald Trump selected Rep. Elise Stefanik to be his U.S. ambassador to the United Nations, multiple Trump officials told ABC News.
“I am honored to nominate Chairwoman Elise Stefanik to serve in my Cabinet as U.S. Ambassador to the United Nations. Elise is an incredibly strong, tough, and smart America First fighter,” Trump said in a statement to ABC News.
Stefanik, a Republican congresswoman from New York’s 21st District, was elected last week to her sixth term in the House. She will inherit a role Nikki Haley held for two years in the first Trump administration.
-ABC News’ Rachel Scott, Katherine Faulders and John Santucci
(WASHINGTON) — The Biden administration is rolling out a new rule that is aimed at responsible use of artificial intelligence technology.
According to a press release about the rule, this action “streamlines licensing hurdles” and “provides clarity to allied and partner nations about how they can benefit from AI.”
The action “is designed to safeguard the most advanced AI technology and ensure that it stays out of the hands of our foreign adversaries, but also enabling the broad diffusion and sharing of the benefits with partner countries,” Commerce Secretary Gina Raimondo said during a call with reporters about the move.
“The focus is on the frontier, the most advanced AI models and the largest compute clusters,” she added.
The rule has a three-pronged approach, Raimondo said: “expanding and updating controls for advanced AI chips,” “creating a new set of controls for the most advanced, closed AI model weights make sure they don’t fall into the hands of our adversaries” and “imposing security conditions to safeguard critical technology and the largest AI clusters.”
She noted that some industries would not be impacted because they are not crucial to national security, including supply chain activities and gaming chips.
Raimondo said that the rule is very complex and, because of that, the comment period is 120 days, longer than usual timeline for rule-making. She also noted that this rule comes with just about one week left of President Joe Biden’s presidency.
“I fully expect the next administration may make changes as a result of that input,” Raimondo said. “So we we’ve provided for 120 days, which is very long comment period, and we provided for one year, 365 days for compliance for the standards at AI data centers to make sure industry is fully cited on the new rules and able to comply.”
But one official on the call said this effort has bipartisan support, especially because this is something that concerns national security.
National Security Adviser Jake Sullivan said that this rule has been in development for a long time with key shareholders.
“There are many leading AI developers who are projecting that AI capabilities will exceed human capabilities in fields from physics to biology to electrical engineering in the very near future, and that has economic and technological implications,” Sullivan told reporters, “but it also has fairly profound national security implications as well. So from our perspective, we have a national security responsibility to do two things, first, to preserve, protect and extend American AI leadership, particularly vis a vis strategic competitors.”
(WASHINGTON) — In 2020, as a pandemic raged across the globe, Robert F. Kennedy Jr. took to social media to appeal to his hundreds of thousands of followers on Facebook.
The son of the late U.S. Attorney General and New York Sen. Bobby Kennedy and nephew of President John F. Kennedy, the younger Kennedy said he was looking for parents whose children had been vaccinated against a different virus — human papillomavirus or HPV — and later grew sick.
Public health researchers and doctors said there was no evidence that the vaccine, Gardasil, was linked to the health problems he cited, noting 160 favorable studies on safety. A federal court created to compensate people injured by vaccines also had already rejected a similar claim, citing “insufficient proof” that the vaccine was behind the plaintiff’s health issues.
But in his posts, Kennedy said that he and lawyer Michael Baum – “one of my closest friends” — believed there was still a path forward. The families could sue the manufacturer Merck in civil court claiming marketing fraud – allegations Merck denies.
“If you have been injured by Gardasil, call us,” Kennedy wrote on Facebook, posting a toll-free number invoking his famous initials “RFK.”
According to financial disclosure documents released last week, Kennedy’s primary source of income in the past year were large sums of referral fees from multiple law firms, including Baum’s office, whose civil lawsuit against Merck’s Gardasil vaccine went to trial in Los Angeles County Superior Court last week.
Kennedy’s leading role in building a case against Merck is now raising questions about how he might wield his power as the nation’s next health secretary – a job intended as an impartial overseer in public health – while in line for potential payouts from a major pharmaceutical company.
“This disclosure shows that RFK Jr. made millions off of peddling dangerous anti-vaccine conspiracies,” said Sen. Elizabeth Warren, D-Mass., a member of the Senate Finance Committee, which will oversee Kennedy’s nomination.
“Even worse, if he is confirmed, his finances will still be tied to the outcomes of anti-vaccine lawsuits — even as he’d be tasked with regulating them as health secretary. These are outrageous conflicts of interest that endanger public health,” Warren said in a statement provided to reporters.
Kennedy, who is expected to testify for the first time Wednesday before the Senate panel, said he has resigned his work with several law firms, including Wisner Baum, and that if confirmed he would not be involved in legal cases.
But in a plan greenlit by federal ethics officials, Kennedy said he plans to retain his right to 10 percent of fees awarded in contingency cases with Wisner Baum so long as the cases don’t involve the U.S. government. The federal government is not a party in the civil lawsuit against Merck.
“I am entitled to receive a portion of future recovery in these cases based upon the set percentage as set forth in the referral agreement,” he wrote.
Kennedy disclosed another $856,559 in income from Wisner Baum referral fees, although the documents do not say which legal cases were tied to those fees. Other income included $8.8 million from his firm Kennedy & Madonna. Kennedy said he was terminating his relationship with the firm, which would no longer use his name.
A spokesperson for Kennedy declined to comment on the record on the Wisner Baum payouts and ongoing lawsuit. Baum did not respond to a request for comment.
In a statement on the civil lawsuit, Merck said “an overwhelming body of scientific evidence, including more than 30 years of research and development along with real world evidence generated by Merck and by independent investigators, continues to support the safety and efficacy of our HPV vaccines. The plaintiff’s allegations have no merit, and we remain committed to vigorously defending against these claims.”
Robert Krakow, a New York lawyer who specializes in vaccine injury cases and has worked with Kennedy in the past, said referral fees are fairly standard when it comes to personal injury claims.
Kennedy has been a “galvanizing force” when it came to questioning vaccine safety, providing a special touch when talking to families because “he was very sincere and listened to people,” Krakow said. Using social media platforms to recruit clients is a natural extension of that work, he said.
“It’s not often you have a celebrity do that,” Krawkow said of Kennedy’s work to find clients who claim vaccine injuries. “But there’s nothing inherently wrong with recruiting people for referral fees.”
Reuters was first to report Kennedy’s extensive role in the Gardasil vaccine lawsuit.
Because Kennedy’s financial arrangement was allowed by ethics officials, it’s not clear whether the issue will be a sticking point for Republicans eager to align with Trump. According to the agreement released last week, Kennedy can keep the fees from Wisner Baum so long as the independent ethics office at the Health and Human Services Department determines the case does “not involve the United States as a party and in which the United States does not have a direct and substantial interest.”
Kennedy also has insisted in private meetings with senators that he is not “anti-vaccine,” but only wants more study, according to one person familiar with the discussions.
The messaging aligns with what Kennedy has said publicly. Kennedy often notes he was vaccinated as a child and opted to vaccinate his own children decades ago. His work as chair and chief litigator of the Children’s Heath Defense, which opposes the recommended schedule of vaccines for children, did not begin until around 2015.
“What I’ve said is I’m pro-science and pro-safety,” he told a local New Hampshire television station in 2023.
Still, public health experts and many senators — several of them old enough to remember serious outbreaks of measles and polio in the 1950s — have expressed serious concerns about his role in eroding confidence in vaccines even if he says he won’t outright block access to them.
“We potentially face a massive health hazard, maybe especially for our children,” said Sen. Bernie Sanders, the top Democrat on the Senate Health, Education, Labor and Pensions Committee.
Sanders, a Vermont Democrat who had been seen as someone who might be able to find common ground with Kennedy on environmental and food policy, said the concern with the incoming administration was that “we may revert back to those terrible days when so many children died” before age 3.
As head of the Health and Human Services Department, Kennedy would be responsible for the Food and Drug Administration, which regulates the selling and marketing of vaccines, and the Centers for Disease Control and Prevention, which collects data on vaccines to issue public health recommendations that are closely followed by doctors.
If confirmed, he could insist upon appointing vaccine skeptics to the independent group that reviews FDA data on vaccines.
Kennedy also could alter how information is used from CDC’s public reporting system known as “VAERS” that allows anyone to flag possible adverse reactions from vaccines. The reports are unverified but used to look for potential patterns that can be investigated.
Health officials say symptoms reported in VAERS are often found to be unrelated from a person’s immunization history.
Dorit Reiss, a professor at UC Law San Francisco and expert in legal issues on vaccinations, said handing over that process to someone with Kennedy’s track record would be unprecedented.
“Kennedy has been a committed anti-vaccine activist for a long time. I have seen no indication that his views have changed,” Reiss said.
ABC’s Sony Salzman and Will McDuffie contributed to this report.
