Southeast
Trump asks Florida court to pause classified documents case after Supreme Court immunity decision
Former President Donald Trump has requested a partial pause in the classified documents case brought against him after a U.S. Supreme Court decision this week found that presidents have substantial immunity for official acts that occurred while they were in office.
Lawyers for Trump asked a Florida court to pause all proceedings in the case brought by special counsel Jack Smith — except those that deal with Smith’s gag order request — until the judge can apply the Supreme Court’s immunity ruling to the facts of the case.
“Consistent with President Trump’s pending motion to dismiss based on Presidential immunity, the Supreme Court explained in Trump that it would ‘eviscerate the immunity we have recognized’ if a prosecutor could “do indirectly what he cannot do directly — invite the jury to examine acts for which a President is immune from prosecution to nonetheless prove his liability on any charge,” the Friday court filing states.
It adds: “Thus, ‘even when an indictment alleges only unofficial conduct,’ which is not the case here, prosecutors cannot ‘[u]se evidence’ of official acts. Based on this reasoning, like the trial court in the Trump case, Your Honor must undertake the ‘necessarily factbound analysis’ regarding whether alleged conduct ‘is official or unofficial.’”
TRUMP IMMUNITY CASE: SUPREME COURT RULES EX-PRESIDENTS HAVE SUBSTANTIAL PROTECTION FROM PROSECUTION
Trump referred to the filing as “a really bad day for Deranged Jack Smith, the wacko prosecutor used for Crooked Joe Biden’s attack on his Political Opponent,” in a Friday post on Truth Social.
“Today, as in the past, the Supreme Court gave the Deranged One a high level SPANKING! His ‘real’ bosses, Andrew Weissmann and Lisa Monaco, not to mention Merrick Garland, whose once great reputation has been shattered by these Thugs, and his constant defense of Crooked Joe, must be furious at him,” Trump wrote. “Garland ought to call an end to this never ending HOAX, and let people focus on bringing back Greatness to America!”
The high court on Monday in the case Trump v. United States ruled that a former president has substantial immunity from prosecution for official acts committed while in office, but not for unofficial acts.
SCOTUS WEIGHS MONUMENTAL CONSTITUTIONAL FIGHT OVER TRUMP IMMUNITY CLAIM
In a 6-3 decision, the Court sent the matter back to a lower court, as the justices did not apply the ruling to whether or not former President Trump is immune from prosecution regarding actions related to efforts to overturn the results of the 2020 election. The case considered by the court was separate from the classified documents case, although Smith is involved in both prosecutions.
“The President enjoys no immunity for his unofficial acts, and not everything the President does is official,” Chief Justice John Roberts wrote for the majority.
Last month, Trump’s lawyers presented arguments over the legality of Smith’s appointment as special counsel and the limited gag order that prosecutors have requested to bar Trump from making comments that they say could endanger the safety of FBI agents and other law enforcement officials involved in the case.
JUSTICE ALITO QUESTIONS WHETHER PRESIDENTS WILL HAVE TO FEAR ‘BITTER POLITICAL OPPONENT’ THROWING THEM IN JAIL
Trump’s lawyers have said any speech restrictions would infringe on the former president’s free speech rights. Cannon initially rejected the prosecution’s request on technical grounds, saying Smith’s team had not sufficiently conferred with defense lawyers before seeking the restrictions. Prosecutors subsequently renewed the request.
U.S. District Judge Aileen Cannon heard hours of arguments on June 24 from lawyers for both sides, with Trump attorney Emil Bove asserting that the Justice Department risked creating a “shadow government” through the appointment of special counsels to prosecute select criminal cases.
Cannon did not make a decision on Friday and is expected to issue a written order on the matter in the coming days.
Trump faces charges stemming from Smith’s investigation into his possession of classified materials. He pleaded not guilty to all 37 felony counts from Smith’s probe, including willful retention of national defense information, conspiracy to obstruct justice and false statements.
Trump was also charged with an additional three counts as part of a superseding indictment from the investigation, an additional count of willful retention of national defense information and two additional obstruction counts.
Fox News Digital’s Anders Hagstrom and Brooke Singman contributed to this report.
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Hero officers and good Samaritans who went above and beyond in 2024
While the world can often feel like a discouraging place, there are plenty of people – both those who have sworn to protect and serve, as well as regular citizens – who are willing to go above and beyond for others.
Here are some examples of law enforcement officers and good Samaritans taking heroic action over the past year.
Arkansas police officer saves boy who fell through ice on pond
Last January, a police officer in Jonesboro, Arkansas, sprang into lifesaving action after a boy fell through the ice on a frozen pond.
Body camera footage shared by the department showed Officer Troy Ellison running through the snow and jumping a fence before getting on his hands and knees to help the boy.
HERO POLICE OFFICER SAVES TERRIFIED BOY FROM FROZEN POND
“I gotcha, I gotcha,” he is heard saying in the footage.
Soon after, another officer and a fire official arrived and helped Ellison pull the boy out of the pond with a rope.
The boy was taken to a hospital to be checked for any cold weather injuries.
“’Great Job’ goes to one of our officers who responded to a call about a child falling through ice on a local pond,” a Facebook post from the Jonesboro Police Department, who shared the video, read.
“Officer Troy Ellison sprung into action when he arrived on the scene. He quickly located the child, crawled onto the ice, and pulled the child to safety with the help of Lt. Shon Morris and members of the Jonesboro Fire Department.”
WATCH:
Arizona officers save baby being held hostage
In May, a team of officers in Surprise, Arizona, entered a barricaded home where a 7-month-old baby was allegedly being held hostage by his father and had been shot.
“I thought that one of us or multiple of us would get hurt going inside the house,” Surprise Officer Carlton Williams told “FOX News @ Night” in October. “The fact that the gentleman had already shot at officers multiple times, there was no doubt in my mind that we had to make entry into the home.”
The department had received a 911 call about a woman and her baby being held hostage by the baby’s father. The mother escaped, but the child was still inside when the team of officers forced their way in after hearing gunfire.
They found the baby at the back of the house and one officer took him to safety while the others provided cover – all without firing any shots.
The baby was taken to a hospital to recover and was reunited with his mother. The father later died after barricading himself in the home and lighting it on fire.
“This is as close as it gets to a perfect operation,” law enforcement expert Aaron Cohen said. “They’ve got to get to the end of that structure and get to that kid, and they have no idea what’s laying behind that door.”
ARIZONA BODYCAM HEROES SAVE WOUNDED BABY BEING HELD HOSTAGE INSIDE HOUSE
California police officer saves choking boy
In June, a police officer in El Monte, California, saved the life of an 8-year-old boy who had fallen unconscious after choking on a piece of candy.
“I just saw him purple, he was already unconscious, so… neighbors and I were trying to do compressions on his chest, breathe through his mouth, but nothing seemed to be working,” the boy’s mother, Vanessa Becerra-Aguayo, told “Fox News @ Night.” “He was unable to talk to me, so he was unconscious the whole time until the police arrived.”
Officer Raul Vega said he used his LifeVac “anti-choking, rescue device” to clear the boy’s airway.
“It’s basically like a plunger, like a foam plunger, and you place the device over the person’s mouth, and you press to get, you know, suction in and while you’re holding it down, you pull it up, and that allows the object to become dislodged and the airway to open up,” he said.
After two tries, the candy came out of the boy’s throat, and he later woke up in the ambulance.
HEROIC POLICE OFFICER SAVES CHILD CHOKING ON CANDY: HE WAS ‘PURPLE’
Indiana police officer saves boy with autism from drowning in pool
In September, an Indiana police officer was hailed as a hero after he saved a 3-year-old boy with autism from drowning in a neighbor’s pool.
After responding to a report that the boy was missing when his parents realized the door had been left unlocked and he had gotten out of the home, Fort Wayne Police Officer Evan Myers began to search the area with other officers.
After seeing the boy swimming in the neighbor’s above-ground pool, he ran over and got the boy out.
“He’s breathing and is conscious,” Myers is heard saying in body camera footage. “Are you OK, buddy?”
“I want to personally thank him deeply for just being able to find my son,” the boy’s mom, Savannah Ybarra, told local station WPTA.
WATCH: HERO INDIANA OFFICER SAVES MISSING AUTISTIC BOY, 3, FROM DROWNING IN POOL
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Georgia passerby saves homeowner from house fire
In October, a passerby saved a Winterville, Georgia, homeowner who woke up from a nap to find his house engulfed in smoke and flames.
David McConnell told FOX5 Atlanta he could hardly see and he tried to leave his house through his front door but his storm door – a secondary door installed over the door – was locked.
Dylan Betts, who was driving home from work when he saw the smoke, raced to McConnell’s house and “ripped it off and then kicked it in,” he said.
Betts said he stepped inside the home through a “thick wall of black smoke” and called out.
GEORGIA PASSERBY SAVES MAN FROM BURNING HOME BY KICKING DOWN STORM DOOR
“Mr. David, luckily, heard my voice, and he came right to me,” Betts told FOX5.
When the outlet asked Betts why he risked his life to save a stranger, Betts responded, “Why not? That’s America.”
McConnell said his family calls Betts “our hero,” and even gave Betts tickets to a Georgia/Tennessee football game as a small thank you for saving his life.
Oklahoma police officer and good Samaritan save sleeping man from rolling off bridge
In November, a quick-thinking police officer and a good Samaritan teamed up to save a man who said he fell asleep on a guardrail of a bridge about 40 feet over the Oklahoma River.
An Oklahoma City police officer identified as Officer Reyes went to check on the sleeping man lying on the bridge’s guardrail when the man turned and slipped.
Reyes grabbed the man by his hoodie as he dangled over the waters below.
SLEEPING MAN SAVED FROM ROLLING OFF BRIDGE BY POLICE OFFICER, GOOD SAMARITAN IN DRAMATIC VIDEO
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A good Samaritan jogger then ran over to help Reyes grab the man’s arms and pull him to safety.
The man wasn’t hurt in the incident.
Oklahoma City Police Msgt. Gary Knight told News9, “It’s a real hero type thing when you see an officer spring into action – save someone’s life with the help of a citizen.”
Fox News’ Michael Dorgan, Maria Lencki, Sarah Rumpf-Whitten and Stephen Sorace contributed to this report.
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Former federal prosecutor in death row case speaks on Biden commuting murderer's sentence: 'My heart aches'
A former federal prosecutor in the case that sent a man to death row says it is difficult to see a “remorseless murderer” be relieved of his sentence following President Biden’s decision on Monday to commute nearly all federal inmates facing execution.
Brandon Council, of North Carolina, was sentenced to death by a federal jury on Oct. 3, 2019, after he was found guilty of killing two women who worked at a South Carolina bank during a robbery in 2017.
Council was one of the 37 convicted murderers who will now spend life in prison without parole after Biden reclassified their death sentences.
Derek Shoemake, former assistant U.S. attorney for the District of South Carolina and one of the federal prosecutors in the case against Council, told Fox News Digital it was “one of the greatest professional honors” of his life to pursue justice for victims Donna Major, 59, and Kathryn Skeen, 36, and his heart aches for their families following Biden’s decision.
BIDEN COMMUTES SENTENCES OF 37 FEDERAL DEATH ROW INMATES IN FINAL MONTH OF PRESIDENCY
“Donna and Katie were amazing women, wonderful mothers, and beacons of light in their community. Today my thoughts and prayers are with their families, and my heart aches for them as they process this news,” Shoemake said in a statement.
He also said his thoughts and prayers are with the team who “worked for more than a year” getting justice for Major and Skeen, “ensuring a remorseless murderer received a sentence that spoke to the horrific nature of his senseless crimes.”
Council entered CresCom Bank in Conway, South Carolina, on Aug. 21, 2017, with the intention of robbing the business and killing its employees, according to a 2017 news release from the U.S. Attorney’s Office for the District of South Carolina (USAO-SC).
After making it inside, Council shot Major, who was the bank teller, multiple times with a revolver, the USAO-SC said at the time. He then ran into Skeen’s office, where she worked as the bank’s manager, and shot her multiple times while she hid under her desk.
Before fleeing the bank, he stole keys to both victims’ cars, their bank cards and more than $15,000 in cash. He took one of the vehicles to a motel he was staying at, packed his luggage and drove off.
FBI AGENT SAYS BANK ROBBERY SUSPECT BRANDON COUNCIL CONFESSED HE WOULD KILL
“It is difficult to see a sentence wiped away from 400 miles away after it was legally imposed by a jury of men and women from South Carolina who spent weeks listening to evidence, deliberating, and carefully deciding the appropriate punishment,” Shoemake said.
He also said it hurts that the victims’ families “will celebrate yet another Christmas without their loved ones,” while Council is among the 37 federally convicted murderers “celebrating a political victory.”
BIDEN’S DECISION TO COMMUTE SENTENCES FOR DEATH ROW INMATES SPARKS SOCIAL MEDIA FRENZY
Shoemake said his focus is not on the political debate surrounding Biden’s commutations, but on the “legacy of love, family, and faith” that Major and Skeen embodied.
“I pray for their families, as I so often do, and I pray for all the victims’ families impacted today,” he said.
In a White House statement announcing the commutations on Monday, Biden said he condemns the murderers and their “despicable acts,” and he grieves for the victims and families who have suffered “unimaginable and irreparable loss,” but he “cannot stand back and let a new administration resume executions that I halted.”
Only three inmates remain on federal death row as Biden’s presidency nears its end. They are Tree of Life Synagogue shooter Robert Bowers, Charleston church shooter Dylann Roof and Boston Marathon bomber Dzhokhar Tsarnaev.
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Fani Willis' disqualification from Trump case has 'overwhelming' impact, legal expert says
George Washington University law professor Jonthan Turley said Fulton County District Attorney Fani Willis was “wrong” to bring the Georgia election interference case against President-elect Trump after a Georgia court disqualified Willis and her team from prosecuting the case on Thursday.
GEORGIA APPEAL COURT DISQUALIFIES DA FANI WILLIS AND HER TEAM FROM TRUMP ELECTION INTERFERENCE CASE
JONATHAN TURLEY: The immediate impact of this decision is overwhelming in terms of Willis herself. I mean, this court is basically saying that these cases are not supposed to be sort of vanity projects. You know, you were told by the lower court that you created this appearance of impropriety and the question for the court is why you didn’t remove yourself. Many of us at the time said that most prosecutors would have seen that their continuation of the case was harming the case and harming the public interest. Willis simply refused to give up the ghost and insisted that she wanted to be the lead in this.
…
She was wrong to bring the case against Trump. You know, there are some viable claims here. You know, she charged some people with unlawful entry or access to restricted areas. Those are not particularly serious crimes, but they are crimes. She was wrong to go after Trump on this basis. She clearly wanted to engage in lawfare, and that’s one of the reasons why she wouldn’t give up the case. You know, when this issue was first raised, many of us wrote at the time that the correct move was to remove yourself. You selected a former lover as the lead counsel. That violated, in my view, core ethical requirements. He was ultimately disqualified by the court. But Judge McAfee gave her a chance to do the right thing. He said, look, this is your conduct is wrong here and you can remove yourself. Well, he was talking to the wrong person. She had no interest in removing herself. I mean, lawfare is only valuable if you’re the lead warrior, and she was not going to give up that position.
The court did not toss Trump’s indictment entirely, but Willis and the assistant DAs working in her office now have “no authority to proceed.”
“After carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office,” the filing states. “The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”
In an exclusive interview with Fox News Digital, Trump said the “whole case has been a disgrace to justice.”
“It was started by the Biden DOJ as an attack on his political opponent, Donald Trump,” he said, “They used anyone and anybody, and she has been disqualified, and her boyfriend has been disqualified, and they stole funds and went on trips.”
Trump said the case “should not be allowed to go any further.”
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Fox News’ Brooke Singman contributed to this report.
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