Trump won’t sign executive order to dissolve Department of Education today: Sources
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(WASHINGTON) — The White House on Thursday pulled the expected signing of the executive order to dismantle the Department of Education, multiple sources tell ABC News.
A draft of the executive order called on Education Secretary Linda McMahon to facilitate a department closure by taking all necessary steps “permitted by law,” sources had earlier told ABC News.
White House press secretary Karoline Leavitt quoted a news report saying it was “fake news” that Trump was expected to sign the order on Thursday. She said he is not signing it.
Behind the scenes, there was concern among top administration officials about the blowback the order would receive and the lack of messaging in place ahead of the rollout.
Specially, how the administration would answer questions about how the executive order would impact the school lunch program along with other programs that could no longer exist.
The education community is celebrating this apparent reversal as a win.
“This is a tremendous victory for those of us who are standing up and holding the line and pushing back against the endless chaos that we are seeing from the Trump administration,” an education leader told ABC News.
The education leader, who represents parents and families across the country, stressed that Americans are not going to stand by as the Trump administration prepares to dismantle the agency that impacts millions of students.
“These EOs are not dictates from a king and we are going to challenge him using every resource we can, including the courts,” the education leader said.
The education leader said that the blowback has Trump “shook.” And, hundreds of parents and even some school districts across the country are preparing to trigger a massive legal fight if the expected executive order is signed, according to the education leader.
“This constant state of chaos that he has American families in is unacceptable and we are going to continue to fight him every step of the way,” the education leader said.
An order to dismantle the Department of Education would require congressional approval; any proposed legislation would likely fail without 60 Senate votes.
McMahon has previously acknowledged she would need Congress to carry out the president’s vision to close the department she has been tapped to lead.
“We’d like to do this right,” she said during her confirmation hearing last month, adding: “That certainly does require congressional action.”
This is a developing story. Please check back for updates.
(NEW YORK) — The New York Court of Appeals, the highest court in the state, has denied President-elect Donald Trump’s request to halt his sentencing Friday in his criminal hush money case.
Trump on Wednesday launched an eleventh-hour request to New York’s highest court to pause the hush money case, on the same day that he also asked the U.S. Supreme Court to halt his sentencing.
Prosecutors with the Manhattan district attorney’s office argued in a Thursday morning filing, before the court made its ruling, that Trump’s argument to delay his sentencing rests on an “utterly baseless” concept of president-elect immunity.
Responding to Trump’s argument, lawyers for Manhattan District Attorney Alvin Bragg urged the New York Court of Appeals to reject Trump’s request for a delay because a president-elect does not benefit from the immunity reserved for the sitting president.
“The President-elect is, by definition, not yet the President,” the filing said. “The President-elect therefore does not perform any Article II functions under the Constitution, and there are no Article II functions that would be burdened by ordinary criminal process involving the President-elect.”
Trump is scheduled to be sentenced Friday after he was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
Bragg also urged the U.S. Supreme Court on Thursday to reject Trump’s request to block his sentencing, on the grounds that “there is no basis” for the country’s highest court to intervene.
“Defendant now asks this Court to take the extraordinary step of intervening in a pending state criminal trial to prevent the scheduled sentencing from taking place — before final judgment has been entered by the trial court, and before any direct appellate review of defendant’s conviction. There is no basis for such intervention,” Bragg wrote to the court.
Prosecutors argued that presidential immunity does not extend to Trump, who does not take office until Jan. 20.
“It is axiomatic that there is only one President at a time,” Bragg said. “No judicial decision or guidance from the Department of Justice has ever recognized that the unique temporary immunity of the sitting President extends to the President-elect.”
The district attorney’s office warned that delaying Trump’s sentencing would only make things worse, arguing “any stay here risks delaying the sentencing until after January 20, when defendant is inaugurated and his status as the sitting President will pose much more severe and potentially insuperable obstacles to sentencing and finality.”
Prosecutors told the New York Court of Appeals that the jury in Trump’s trial saw “overwhelming” evidence of Trump’s guilt. The filing also criticized the president-elect’s conduct in court.
“And notwithstanding defendant’s past and upcoming service as President, his history, character, and condition — and especially his open disregard for the justice system — do not support dismissal,” the filing said.
Prosecutors criticized Trump for repeatedly delaying the sentencing — leading to the Jan. 10 sentencing date — and exaggerating the harm he would face if the sentencing continued as planned.
Trump faces up to four years in prison, but New York Judge Juan Merchan has signaled that he plans to sentence Trump to an unconditional discharge — effectively a blemish on Trump’s record, without prison, fines or probation — in order to respect Trump’s transition efforts and the principle of presidential immunity.
Prosecutors highlighted in their New York Court of Appeals filing that Merchan intends to sentence Trump to the lowest allowable sentence.
“Indeed, if defendant is ever to be sentenced in this proceeding, the least burdensome time to do so is now, before his inauguration on January 20, 2025,” the filing said.
(NEW YORK) — During the final weeks of the Biden administration, the Department of Justice announced consent decrees for police reform with the cities of Minneapolis and Louisville – court-enforceable agreements born out of probes launched after the 2020 police killings of Breonna Taylor and George Floyd.
But after officials in the Trump administration issued a memo last month ordering a temporary freeze on ongoing cases being litigated by the DOJ’s Civil Rights Division, the future of those agreements, which have yet to be approved in federal court, is now uncertain.
The memo, which was reviewed by ABC News, also directed Kathleen Wolfe, acting head of the DOJ Civil Rights division, to notify Trump DOJ leaders of any consent decrees the Biden administration reached with cities in the final 90 days leading up to the inauguration, signaling a potential review.
“[The Trump administration] wanted to look at any agreements that had been completed within the last 90 days of the inauguration, which obviously would include Minneapolis and Louisville,” Minneapolis Police Chief Brian O’Hara told ABC News. “The [Trump] DOJ could go to the court and say they’re no longer interested in this.”
O’Hara, who previously was Public Safety Director for Newark, New Jersey, during the implementation of a federal consent decree, said that the Trump administration could intervene in the process because the agreements have not been finalized in federal court.
But O’Hara emphasized that since the agreements have already been filed, whether they are approved is not up to the White House, but “ultimately in the federal judge’s hands.”
The memo to freeze litigation came ahead of the confirmation hearing for Trump’s nominee for attorney general, Pam Bondi, and his nominee to lead the DOJ’s civil rights division, Harmeet Dhillon. Bondi was confirmed on Tuesday.
Asked about the timeline for the freeze on litigation and what actions the DOJ is planning to take regarding the Minneapolis and Louisville consent decrees, a spokesperson for the DOJ declined ABC News’ request for comment.
The consent decrees each lay out a roadmap for police reform to rectify civil rights violations that the DOJ uncovered and, if approved by a federal judge, the court will appoint an independent monitor to oversee the implementation of the reforms and actions outlined in the agreement.
“I don’t think any city, any police chief wants to get a consent decree,” O’Hara said. “You know, that’s not a badge of honor in any way and something that ultimately costs the city millions and millions of dollars just to simply be monitored, let alone to do the work that is required to reform.”
But O’Hara added that consent decrees do provide police departments with additional resources needed to implement reforms. “I think the main benefit to police chiefs of these agreements is it requires cities to make certain investments, both in the officers’ health and welfare, as well as in training and supervision,” he said, “but without that court order, there is not necessarily an incentive for cities to prioritize some of those investments.”
City officials and police vow to forge ahead with reform
City officials and police in both Louisville and Minneapolis told ABC News that they are prepared to move forward with the agreed upon reforms with or without the oversight of the Trump administration.
Kevin Trager, a spokesman for Louisville Mayor Craig Greenberg, told ABC News that the city and police are committed to the reforms agreed upon in the consent decree, “regardless of what happens in federal court.”
“Louisville Metro Government and LMPD will move forward and honor our commitment to meaningful improvements and reforms,” Trager said.
Minneapolis Mayor Jacob Frey told ABC News that the city has “not heard directly” from the Trump administration regarding the consent decree, but the city plans to move forward with the terms of the agreement “with or without support from the White House.”
“It’s unfortunate the Trump administration may not be interested in cooperating with us to improve policing and support our community, but make no mistake: we have the tools, the resolve, and the community’s backing to fulfill our promise to the people of Minneapolis. Our work will not be stopped,” Frey said.
O’Hara, who was tapped to lead Minneapolis police in 2022 amid national outrage over the killing of George Floyd in police custody, echoed Frey’s commitment to the reforms, but pointed out that Minneapolis is already under a state consent decree that was approved in July 2023 and includes similar reforms that are outlined in the federal agreement.
“It is possible we may wind up not having a federal consent decree, although I don’t think it’s likely,” O’Hara said, “but again, I think a majority of what is contemplated in the federal consent decree exists already in the state consent decree. There’s already been a ton of work toward making those requirements real.”
O’Hara said that he already created a use of force investigation teams within the MPD’s Internal Affairs Bureau – a move that was not required by the state but is required under the federal agreement.
“That’s something that I already had started long before we had the draft agreement, because I know that’s a best practice in this profession,” O’Hara said, but added that the approval of the federal consent decree would give MPD the resources and the staffing that it needs to carry out these reforms.
“It is not yet staffed up and resourced the way that it should be, and the federal consent decree requires significant more investment in it,” he said.
Where things stand in the courts
Civil rights attorney Ben Crump, who represents the families of Breonna Taylor and George Floyd, told ABC News Live Prime anchor Linsey Davis in an interview last Wednesday that the families want to see the consent decrees approved in federal court.
“This is very disturbing,” Crump said, referencing the Trump administration’s freeze on civil rights litigation.
“Breonna’s mother is very heartbroken, Linsey. Very heartbroken. She’s fought so hard to get whatever measure of justice and accountability she could,” he added. “She is just shocked that they would do this, just like George Floyd’s family is shocked.”
The Minneapolis federal consent decree is being reviewed by Judge Paul A. Magnuson, a senior judge in the U.S. District Court for the District of Minnesota who was appointed by President Ronald Regan.
The agreement, which was announced by the DOJ Jan. 6, focuses on “preventing excessive force; stopping racially discriminatory policing; improving officers’ interactions with youth; protecting the public’s First Amendment rights; preventing discrimination against people with behavioral health disabilities; promoting well-being of officers and employees; and enhancing officers’ supervision and accountability,” according to the DOJ.
A spokesperson for Frey told ABC News that the city has “not heard directly” from the Trump administration regarding the consent decree and, according to O’Hara, Minneapolis is still “awaiting a court date to be set” in this case.
Meanwhile, the Louisville consent decree, which was announced on Dec. 12, 2024, is in the hands of Judge Benjamin Beaton of the U.S. District Court for the Western District of Kentucky.
The agreement lays out “specific policies, trainings, and programs” that the city and police “will implement to protect the rights of Louisville residents and promote public safety,” as well as a requirement to “collect and analyze data to improve as an agency and to hold officers and Louisville Metro employees accountable,” according to the DOJ. The reforms listed in the agreement include steps for LMPD to use “appropriate de-escalation techniques and attempt to resolve incidents without force when possible, and use force in a manner that is reasonable, necessary, and proportional to the threat presented,” as well as “taking steps to reduce unlawful racial disparities in enforcement.”
Beaton, who was appointed by Trump during his first term as president in 2020, questioned the need for the consent decree during a hearing on Jan. 13, according to ABC affiliate in Louisville, WHAS11, where he asked DOJ officials whether there is a “less intrusive manner of resolving the dispute” without judicial oversight.
The Fraternal Order of Police – the largest police union in the country, which endorsed Trump during both of his presidential campaigns – filed a motion on Dec. 27 to intervene in the Louisville consent decree and asked Beaton to oppose it in its current form. In the motion, the union argued that the consent decree violates the collective bargaining agreement between them and the city, according to WHAS11.
Asked about the status of the consent decree, a spokesperson for Greenberg told ABC News that “the city is preparing to file a brief in support of the consent decree by Feb. 18, as requested by the judge.”
ABC News’ Alexander Mallin and Sabina Ghebremedhin contributed to this report.
(GREENCASTLE, Pa.) — The CEO of Pete and Gerry’s Eggs is speaking out after 100,000 eggs mysteriously disappeared from one of its facilities in Greencastle, Pennsylvania, last weekend.
In an exclusive interview with “Good Morning America,” Tom Flocco said the egg firm, which contracts with over 300 farms across the country, is going to boost security measures after 8,000 cartons — worth $40,000 — were stolen from the back of a distribution trailer at approximately 8:40 p.m. on Feb. 2.
“I’ve worked in other industries before where things get stolen from factories,” Flocco told “GMA’s” Elizabeth Schulze. “It happens. It’s terrible. I’m not happy about it, but it does happen.”
To ensure this does not occur again, Flocco said the company will place additional security on the ground, install better lighting and include extra cameras throughout its facilities.
“It could happen once, it could happen again,” Flocco said. “We are putting additional measures in place.”
Police are still scrambling to find a suspect and closely examining video surveillance. If the public knows of any leads, officials urge people to contact Pennsylvania State Police Chambersburg.
“We are working with local authorities in Pennsylvania and we’re giving them our full cooperation,” Flocco said. “We’ll let you know when we learn more.”
Flocco said the thieves might face one obstacle after this unusual heist: The eggs need to stay refrigerated as they are transported, since they can spoil at room temperature.
“They’re transported in a refrigerated truck, they’re brought into a refrigerated warehouse, kept there until they’re ready to be processed, washed, cooled and kept cold until we eat them,” Flocco said.
This case comes amid a soaring amount of bird flu infections occurring across the United States, which is also causing an egg shortage. According to the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service, 142 flocks were confirmed to test positive for bird flu, also known as avian influenza, in the last 30 days.
When a bird becomes infected with the virus, the animal needs to be culled and the eggs need to be destroyed. With more farms experiencing bird flu outbreaks, the USDA predicted at the end of January that egg prices will rise up to 20%.
Restaurants like the Waffle House have implemented a surcharge of 50 cents for egg items on their menu due to the shortage, the company announced on Monday. Flocco said Pete and Gerry’s Eggs will continue to remain at the same price of about $7 a dozen, despite the recent heist.
“We’re finding the consumer interest for our product is greater than it’s ever been and we only expect it to continue,” Flocco said. “We are charging the same price to our retail partners today as we did a year ago.”
