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Special Counsel Report Says Trump Would Have Been Convicted in Election Case
Jack Smith, the special counsel who indicted President-elect Donald J. Trump on charges of seeking to cling to power after losing the 2020 election, said in a final report released early Tuesday morning that he believed the evidence was sufficient to convict Mr. Trump in a trial if his success in the 2024 election had not made it impossible for the prosecution to continue.
“The department’s view that the Constitution prohibits the continued indictment and prosecution of a president 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 office stands fully behind,” Mr. Smith wrote.
He continued: “Indeed, but for Mr. Trump’s election and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”
The Justice Department delivered the 137-page volume — representing half of Mr. Smith’s overall final report, with the volume about the classified documents case still confidential — to Congress just after midnight Tuesday morning.
The report, obtained by The New York Times, amounted to an extraordinary rebuke of a president-elect, capping a momentous legal saga that saw the man now poised to regain the powers of the nation’s highest office charged with crimes that struck at the heart of American democracy. And although Mr. Smith resigned as special counsel late last week, his recounting of the case also served as a reminder of the vast array of evidence and detailed accounting of Mr. Trump’s actions that he had marshaled.
The partial release came only a day after the judge in Florida who oversaw Mr. Trump’s other federal case — the one accusing him of mishandling classified documents — issued a ruling allowing a portion of the material to be made public. But the judge, Aileen M. Cannon, who was appointed by Mr. Trump himself, also barred the Justice Department from immediately releasing — even to Congress — a second volume of the report concerning the documents case.
For more than a week, Mr. Trump’s lawyers — who were shown a draft copy of Mr. Smith’s report in advance of its release — denounced it as little more than an “attempted political hit job which sole purpose is to disrupt the presidential transition.” At least one Trump ally, the former Justice Department official Jeffrey Clark, has come forward to complain that he, too, might be implicated in the report as an unindicted co-conspirator in the election interference case.
In August 2023, Mr. Smith charged Mr. Trump in Federal District Court in Washington with three intersecting conspiracy counts accusing him of plotting to overturn his loss in the 2020 election. Mr. Smith also filed a separate indictment in Florida, charging Mr. Trump with illegally holding on to classified documents after he left office and conspiring with two co-defendants to obstruct the government’s repeated effort to retrieve them.
But after Mr. Trump won the 2024 election, Mr. Smith dropped the cases because of a Justice Department policy that prohibits prosecuting sitting presidents. Under a separate department regulation, he turned in a final report about both cases — one volume on each — to Attorney General Merrick B. Garland.
Last week, the Justice Department said Mr. Garland planned to hold off on issuing the volume about the classified documents case until all legal proceedings related to Mr. Trump’s two co-defendants were completed.
Lawyers for the co-defendants, Walt Nauta and Carlos De Oliveira, fought the release by obtaining an initial injunction last week from Judge Cannon, who had dismissed the classified documents case last summer.
In her order on Monday, Judge Cannon told the defense and prosecution to appear before her on Friday in Federal District Court in Fort Pierce, Fla., to argue over the department’s plan to release the classified-documents volume to Congress.
This is a developing story. Please check back for updates.
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It’s been a rollercoaster few years for Six Flags. Can Travis Kelce help?
Kansas City Chiefs tight end Travis Kelce says he grew up going to Six Flags parks and wants to help make them special for the next generation of families.
Reed Hoffmann/AP
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Reed Hoffmann/AP
Travis Kelce, the Kansas City Chiefs tight end and fiance of Taylor Swift, sparked jokes and hopes this week when he announced his investment in the embattled amusement park company Six Flags Entertainment.
The football star, alongside two corporate executives, teamed up with JANA Partners to purchase a combined stake of about 9% of Six Flags’ shares, making them one of its largest shareholders, according to Tuesday’s news release.

JANA Partners is an activist investment firm, meaning it buys a substantial stake in a company’s equity in order to push for changes — both operational and managerial — it believes will benefit that company.
“Couldn’t pass up the opportunity to continue the tradition and make Cedar Point and Six Flags even more special for the next generation of families!” Kelce wrote on Instagram. “So crazy to even imagine this is real, but you gotta love it when life comes full circle.”
Kelce also shared home video clips of himself as a child enjoying the rides at Cedar Point, the 364-acre amusement park in Sandusky, Ohio, that he and his brother (and retired pro footballer) Jason grew up going to every year, as the two enthusiastically reminisced in an episode of their New Heights podcast. Kelce, who grew up in a suburb of Cleveland, calls himself a “lifelong Six Flags fan.”
Cedar Point’s former operator, Cedar Fair, merged with Six Flags in 2024 to become the largest amusement park operator in North America, touting 42 parks across the U.S., Canada and Mexico.

At the time, many amusement parks — and Six Flags especially — were struggling to increase attendance in the wake of the COVID-19 pandemic. Park analysts and enthusiasts hoped the merger would lower ticket costs, raise revenue and make it more competitive against industry heavyweights like Disney and Universal.
But that hasn’t been the case, says Dennis Speigel, CEO of the consulting firm International Theme Park Services.
“As this merger occurred, I think the due diligence was probably done a little too quickly and it had a lot of flaws in it,” he told NPR. “And then it was also impacted by what I call the external factors: weather, economy, uncertainty of what’s happening in geopolitical areas.”
Six Flags now has $5.3 billion in debt. Its CEO, Richard Zimmerman, is set to step down by the end of the year, after it reported a net loss of $100 million for the second quarter of 2025 and combined attendance down 9% year-over-year. It is shuttering one of its parks — Six Flags America in Bowie, Md. — in early November and is expected to close another in Santa Clara, Calif., in 2027.

Speigel is hopeful the new shareholders will get Six Flags back on track. And while he was initially surprised to learn of Kelce’s involvement, he says it makes sense because “he’s at the zenith of his career in football … and in love.”
“Having a name like that be associated with Six Flags at this point in time, when they’ve gone through quite a few years recently of negativity, speaks well to their future and what they’re looking to do,” he says. “Obviously, he’s a younger person. He speaks to the teens, the young adults and the young adults with families. And that’s the Six Flags audience.”
Kelce’s fame — and high-profile love story — have boosted businesses before. Swift is credited with increasing female NFL viewership and ticket sales as their relationship unfolded. And, in recent days, his social media announcement has been flooded with fans’ pleas for a Swift-themed park, or at least a rollercoaster.
Six Flags’ rocky ride
Six Flags opened with the “Six Flags Over Texas” park in 1961, and for years was one of America’s most iconic theme park companies (along with Disney). But for the last decade, Speigel says, it has been “a ship at sea without a captain.”
“I would have to say [out of] the top five or six operators during the last couple of years, Six Flags has suffered the most,” he says.
Six Flags has had four CEOs since 2015.

It shifted its pricing strategy in 2022 to target a more affluent demographic, confusing and alienating core customers in the process. And in recent years, a number of high-profile ride malfunctions have stranded and even injured visitors. This year, extreme temperatures and economic uncertainty drove attendance down even further.
“To see Six Flags have fallen off the precipice and down to where it is now, it’s sad,” Speigel says. “And everybody in the industry, competitors and alike, are all rooting for their return and their comeback.”
Visitors arrived to a “Welcome Back” sign at Six Flags Magic Mountain in Valencia, Calif., when it reopened after the COVID-19 pandemic in April 2021.
Jae C. Hong/AP
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Jae C. Hong/AP
What might change?
JANA Partners said in its announcement that it plans to engage with Six Flags’ management and board of directors “regarding opportunities to enhance shareholder value and improve the guest experience.”
NPR has reached out to Jana Partners for more information about its goals but did not hear back by publication time.
The Wall Street Journal reports that the investment firm wants to “modernize technology, refresh leadership and evaluate a potential sale as ways to boost the company’s share price.”
In a statement shared with NPR, a Six Flags spokesperson said it appreciates the perspectives of shareholders and takes their feedback seriously.
Speigel says Six Flags’ debt could force the new investors to take “some drastic measures,” like selling some of its parks, either to commercial real estate or even private equity groups. And he stresses that foot traffic is key in the industry.

“We live on repeat visitation, and repeat visitation is driven by capital improvements, new rides and attractions, dark rides, the new technologies,” he says. “So we have to hopefully see the growth from that.”
Speigel says even though U.S. amusement parks may not be experiencing the same rate of growth that they did several decades ago, they still attract some 400 million visitors each year — most of whom don’t care who owns a park as long as their experience is clean, fun and safe.
He hopes JANA recognizes Six Flags, and the industry in general, as “the last real bastion of family fun in the United States, in fact globally, where a family can go as a total unit. And I hope they put their capital behind that and lift it out of the ashes where it is now.”
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Map: Minor Earthquake Strikes Southern California
Note: Map shows the area with a shake intensity of 4 or greater, which U.S.G.S. defines as “light,” though the earthquake may be felt outside the areas shown. The New York Times
A minor earthquake with a preliminary magnitude of 3.3 struck in Southern California on Thursday, according to the United States Geological Survey.
The temblor happened at 8:12 p.m. Pacific time about 6 miles northeast of Yucaipa, Calif., data from the agency shows.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
An aftershock is usually a smaller earthquake that follows a larger one in the same general area. Aftershocks are typically minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.
Aftershocks in the region
Quakes and aftershocks within 100 miles
Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.
Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Thursday, Oct. 23 at 11:16 p.m. Eastern. Aftershocks data is as of Friday, Oct. 24 at 1:12 a.m. Eastern.
Maps: Daylight (urban areas); MapLibre (map rendering); Natural Earth (roads, labels, terrain); Protomaps (map tiles)
When quakes and aftershocks occurred
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Trump backs away from sending federal agents to San Francisco | CBC News
Donald Trump will not deploy federal agents to San Francisco, the U.S. president and the city’s mayor said in separate social media posts on Thursday, a surprising stand-down as Trump pressures Democratic-led cities around the country to step up enforcement against crime and illegal immigration.
San Francisco Mayor Daniel Lurie, a Democrat, said in a post on X that Trump called him Wednesday night to tell him he was calling off any plans for a federal deployment.
Lurie said the city would continue to partner with federal agencies to combat drug crime, but that “militarized immigration enforcement” would not help.
“We appreciate that the president understands that we are the global hub for technology, and when San Francisco is strong, our country is strong,” Lurie said.
Trump confirmed the agreement in a post on Truth Social, saying the federal government had been preparing a surge in San Francisco but would cancel it.
“I spoke to Mayor Lurie last night and he asked, very nicely, that I give him a chance to see if he can turn it around,” Trump said. “The people of San Francisco have come together on fighting Crime, especially since we began to take charge of that very nasty subject.”
The Republican president said two major tech executives — Nvidia CEO Jensen Huang and Salesforce CEO Marc Benioff — had called him “saying that the future of San Francisco is great.”
Trump had indicated San Francisco would be a next stop for National Guard troops he was sending to various U.S. Democratic-led cities, moves that have been challenged in courts.
The San Francisco Chronicle reported on Wednesday that the Trump administration would send more than 100 federal agents to the city to ramp up immigration enforcement.
U.S. President Donald Trump threatened to use ‘dangerous’ U.S. cities as training grounds for the military at a rare meeting of top military officials where he and U.S. Defence Secretary Pete Hegseth took aim at what they called ‘woke’ military standards.
Protest against federal deployment
Despite the apparent stand-down, a handful of U.S. Border Patrol vehicles arrived at a U.S. Coast Guard base in the Bay Area on Thursday morning and were met with several hundred protesters.
Demonstrators carried signs reading “Stop the kidnappings” and “Protect our neighbours,” with one protester smacking the window of a truck as it passed by.
Federal agents eventually used less-lethal rounds to disperse the crowd, with protesters saying one person was injured by a projectile and that another had their foot run over.

Oakland Mayor Barbara Lee, the former member of Congress and civil rights activist, said in televised remarks that a federal deployment would divide and intimidate.
“We will not allow outsiders to create chaos or exploit our city,” said Lee, a Democrat.
Trump aims to deport record numbers of immigrants in the U.S. illegally, portraying them as criminals and a drain on U.S. communities.
Democrats in major U.S. cities have criticized the crackdown, saying it has terrorized law-abiding residents, separated families and hurt businesses.
Trump has long highlighted what he views as rampant crime in San Francisco and had signalled in recent weeks that he would send federal agents there.
“We’re going to San Francisco and we’ll make it great,” Trump told Fox News on Sunday.
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