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2 skiers dead in Utah avalanche; 1 digs himself out: Police

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(SALT LAKE CITY) -- Two skiers were killed and a third was hospitalized following an avalanche on Utah's Lone Peak, according to the Unified Police Department of Salt Lake City.

The skiers are believed to have been buried by an avalanche in the backcountry, according to police.

The deceased victims were described as two men who were 32- and 23-years-old, Sgt. Aymee Race told reporters.

The hospitalized skier was being treated for minor injuries after he was able to extract himself from the snow and attempted to rescue his two friends before calling for help, according to Race.

Search and rescue professionals have not been able to get on the accident site because avalanche conditions are too dangerous, the authorities said.

The two bodies remain on the mountain after recovery efforts were paused as of 4 p.m. local time due to snow falling on the mountain again, police said.

Large, dangerous avalanches are rare this late in the ski season because daytime warmth typically stabilizes the snowpack, the Utah Avalanche Center's Craig Gordon told reporters.

A recent storm of about 30 inches changed weather conditions very quickly, raising the danger dramatically, Gordon said. He added that this area on the north side of Lone Peak is steep and technical, complicating rescue efforts.

As is often the case for nearby ski resorts with big resources, Alta Ski Area told ABC News it has dispatched a ski patroller and avalanche rescue dog to assist with the search and rescue effort.

This is a developing story. Please check back for updates.

Copyright © 2024, ABC Audio. All rights reserved.


Trump trial live updates: Judge won't modify gag order following Daniels' testimony

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(NEW YORK) -- Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.

Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.

Here's how the news is developing:

May 09, 5:20 PM
'We are so innocent,' Trump says exiting courtroom

Judge Juan Merchan dismissed court for the day following the late hearing.

Trump, speaking to reporters on his way out of the courtroom, railed against the judge.

"Everybody saw what happened today -- I don't think we have to do any expert explaining," Trump said. "I'm not allowed to anyway because this judge is corrupt," he said, criticizing Merchan -- who is not protected by the limited gag order in the case.

"I got to get back on the campaign trail. I'm not supposed to be here. We are so innocent," Trump said.

-ABC News' Kelsey Walsh and Mike Pappano

May 09, 5:04 PM
Judge, slamming defense, denies 2nd motion for mistrial

Merchan took defense attorney Susan Necheles to task for her failure to object to a line of inquiry about whether or not Donald Trump used a condom during his alleged encounter with Stormy Daniels.

"For the life of me, I don't know why Ms. Necheles didn't object," the judge said.

Merchan emphasized that Daniels testimony was necessary because Trump's lawyers continue to deny the encounter occurred.

"That pits your client's words against Ms. Daniels' word," the judge said.

"These details add a sense of credibility if the jury chooses to believe them," Merchan said. "Your motion for a mistrial is denied."

May 09, 4:53 PM
State argues that Daniels' testimony corroborated her account

Assistant District Attorney Joshua Steinglass heavily pushed back on defense attorney Todd Blanche's motion for a mistrial based on Stormy Daniels' detailed and explicit testimony.

"It has always been the people's contention that the details in this case -- details of the two-hour conversation that Ms. Daniels had with the defendant in the living room and the dinner room of his hotel room in Harrah's -- corroborate her account," Steinglass said.

"They corroborate that the sex happened, which is motivation to silence her," he said.

Steinglass argued that defense lawyers cannot attack Daniels' credibility in their opening statement, then move for a mistrial after the state thoroughly questioned Daniels to develop her credibility with the jury.

"They're trying to have their cake and eat it too," Steinglass said.

Steinglass also argued that the condom testimony was permissible because Trump, according to Daniels, asked her a series of questions about protection and STDs in the adult film industry during their conversation in Trump's suite.

"Mr. Trump asked a lot of questions about the testing in the adult film industry," Steinglass said. "The reason that is relevant is because it explains his decision not to wear a condom."

"You know who knew what happened in that room? Mr. Trump knew," Steinglass said. "That was Mr. Trump's motive to silence this woman in 2016."

Trump has been sitting with his arms crossed, staring at Merchan, during the hearing.

May 09, 4:36 PM
Defense, seeking mistrial, says, 'This is not a case about sex'

In the defense's motion for a mistrial, defense attorney Todd Blanche argued that prosecutors went too far with their questions during Stormy Daniels' direct examination.

"What proceeded to happen was a whole host of questions that went way beyond the mere fact that it happened," Blanche said.

"It almost defies belief we are here about a records case," Blanche said. "This is not a case about sex."

"The nondisclosure agreement was entered. Whether it happened or not has nothing to do with the charges in this case," he argued.

May 09, 4:29 PM
Judge, quoting Trump himself, declines to modify gag order

Judge Merchan, after hearing arguments from the defense, declined to modify the limited gag order so Trump could respond publicly to Stormy Daniels' testimony.

"I don't see what you're referring to as a new set of facts," the judge told the defense.

"My concern is not just with protecting Ms. Daniels or a witness who just testified," the judge said. "My concern is protecting these proceedings as a whole."

In making his ruling, Merchan quoted Trump's words from an excerpt of Trump's book that the jury saw today: "When you are wronged, go after those people because it is a good feeling and because other people will see you doing it."

The judge said that other witnesses would see how Trump treats Daniels if he modifies the gag order.

May 09, 4:21 PM
Defense seeks gag order exception so Trump can reply to Daniels

Judge Juan Merchand, preparing to hear the defense's request to limit the expected testimony of Karen McDougle, who was paid by the National Enquirer to suppress her claim of a year-long affair with Trump, was told that the motion is no longer necessary.

"The people informed me they no longer intend to call Ms. McDougal," defense attorney Tood Blanche said.

Blanche then argued to Judge Merchan that Trump should be able to respond to Stormy Daniels' testimony, seeking to an exception to the limited gag order that prohibits Trump from targeting witnesses and jurors.

Blanche asked that Trump be "allowed to respond publicly to what happened in court the past day and a half."

"He needs an opportunity to respond to the American people," Blanche said.

Because Daniels is off the witness stand, Blanche argued that Trump's comments about her testimony would not impact the proceedings.

Assistant District Attorney Chris Conroy opposed the request to loosen the gag order.

"It seems as if the other side lives in an almost alternate reality. There is a proceeding here that this order is designed to protect," Conroy said, adding that the appropriate place to respond to testimony is in the courtroom.

"We have seen the fear in some of these witnesses," Conroy added, citing Westerhout's reaction when her personal information appeared on some exhibits. He added that a recent custodial witness had concerns for their safety.

According to Conroy, the fear was Trump's "doing."

Conroy argued that the gag order should protect witnesses before, during, and after their testimony.

May 09, 4:08 PM
Westerhout calls Trump's relationship with Melania 'special'

On cross-examination by defense attorney Susan Necheles, Trump White House aide Madeleine Westerhout sang Trump's praises.

"You thought he was a great person to work for?" Necheles asked.

"Yes," Westerhout said, telling jurors that Trump was a great president.

Westerhout previously testified that she found Trump's relationship with his wife Melania Trump "special," and described their dynamic in glowing terms.

"He was my boss, but she was definitely the one in charge," she said. "I just remember thinking that their relationship was really special. They laughed a lot when she came into the Oval Office."

Necheles sought to pull this thread, asking Westerhout about how they engaged with one another at the White House.

"There were times when I could tell [Trump] was on the phone with Mrs. Trump, and he would say 'Honey ... come to the window,' and they would kind of wave to each other," from the residence," Westerhout said.

Westerhout then stepped off the stand so Judge Juan Merchan could hear the three motions the defense has asked to bring. The judge dismissed the jury in preparation for hearing the motions.

Westerhout's testimony is scheduled to resume tomorrow.

May 09, 3:56 PM
Westerhout breaks down recalling her White House departure

"I am very regretful of my youthful indiscretion," Trump White House aide Madeleine Westerhout said, explaining that she left the White House after sharing information with reporters at an off-the-record dinner.

Trump appeared to confer with Blanche as Westerhout began to cry.

Fighting back tears, Westerhout said she has "grown a lot since then."

She spoke through tears and choked up as she told the jury about why she wrote her book about her time in the White House.

"I don't think he was treated fairly and I wanted to tell that story," Westerhout said of Trump.

May 09, 3:51 PM
'Sorry, sir,' Westerhout says, testifying about picture frame purchase

In June of 2017, Trump White House aide Madeleine Westerhout sent Trump Organization executive assistant Rhona Graff a photo and said then-President Trump wanted it framed.

"President Trump wanted to put in a frame to put behind his desk in the office," Westerhout testified. "Behind the Resolute Desk there was a little credenza."

Graff responded that she had no empty frames and offered to go to Tiffany & Co., next door to the Trump Tower, but she said the frames were "on the pricey side," about $650.

"Does DJT want to spend that much?" Graff asked in the email.

"Is this the type of thing that Mr. Trump would want to weigh in on?" prosecutor Becky Mangold asked Westerhout.

"I don't recall another instance like this," said Westerhout, but she said this was a photo of Trump's mother that he wanted it framed.

"We may have made the executive decision without his approval," Westerhout said. She glanced toward Trump sitting at the defense table, and said, "Sorry, sir."

May 09, 3:42 PM
Jurors see example of Trump approving personal expenses

Jurors saw an example of Donald Trump individually approving an expense. Prosecutors showed the jury a handwritten note on Trump's bill for the Winged Foot Golf Club. The bill totaled approximately $7,000.

"PAY," the note said. "ASAP OK."

"Whose handwriting is that?" prosecutor Becky Mangold asked Trump White House aide Madeleine Westerhout.

"That's the president's," Westerhout said, referring to Trump. "That looks to be a Sharpie or another felt tip pen."

May 09, 3:39 PM
Westerhout testifies about Trump's check signing process

Trump White House aide Madeleine Westerhout testified that Trump would sometimes receive a stack of checks to sign from the Trump Organization that was sometime "maybe half an inch thick."

"It was consistent -- maybe twice a month," she said about the frequency of receiving a package of checks.

Asked about the number of checks in each package, Westerhout said, "Sometimes there was one. Sometimes there was a stack -- maybe half an inch thick. I never counted them."

From the times when Westerhout saw Trump signing checks, she recounted that Trump signed the checks individually using a felt-tip pen.

Once he was done signing, "He would give the folder back to me, and I would put it in a pre-labeled Fedex envelope and send it back to the Trump Organization."

If Trump had a question about any of the checks, Westerhout said Trump would call then-CFO Allen Weisselberg.

May 09, 3:36 PM
Westerhout says she brought checks for Trump to sign

Prosecutor Becky Mangold asked Trump White House aide Madeleine Westerhout about a series of exhibits, including an email with Michael Cohen coordinating an in-person meeting with Donald Trump in February 2017, as well as correspondence with then-Trump Organization CFO Allen Weisselberg.

"I understood them to be close," she said of Trump's relationship with Weisselberg.

The conversation with Westerhout then turned to then-President Trump's personal expenses.

"It's my understanding they were handled by checks," Westerhout said. "Checks were sent from the Trump Organization to an employee at the White House and I brought them in for the president to sign."

At first, the checks were sent to Keith Schiller, "and then later they were sent to me," Westerhout said.

"The checks came in a FedEx envelope. Inside was a manila folder with a stack of checks and I brought the manila folder into the president," testified Westerhout, who said there were invoices attached to some of the checks.

May 09, 3:27 PM
Westerhout had list of people who got patched through to Trump

Prosecutors showed jurors a contact list for Trump that Trump Organization executive assistant Rhona Graff passed along to White House aide Madeleine Westerhout in 2017.

Among the names listed were Tom Brady, Bret Baier, Sean Hannity, Jerry Falwell, Bill O'Reilly, and Joe Scarborough.

Michael Cohen, David Pecker, and Allen Weisselberg were also included on the list.

Westerhout said the list included the names of people Trump spoke to often or might want to speak with.

Westerhout said if someone called the White House who was included on the list, she would try to patch them through to Trump directly.

May 09, 3:09 PM
Westerhout testifies that Trump didn't use computer, email

Trump White House aide Madeleine Westerhout testified that Trump did not use email or a computer.

"What is Mr. Trump's preferred method of communications?" prosecutor Becky Mangold asked.

"He liked speaking to people in person or over the phone," Westerhout said.

"Did Mr. Trump use a computer?" Mangold asked.

"Not to my knowledge," Westerhout said, adding Trump did not use email.

"He liked hard-copy documents," Westerhout said.

Westerhout testified that Trump paid attention to details and signed things himself, preferably with a Sharpie.

"He preferred to sign things himself," Westerhout said.

"Did he typically read things before signing them?" Mangold asked.

"Yes," Westerhout said.

May 09, 3:05 PM
No one sat closer to Trump in White House, Westerhout says

Jurors saw a map of the West Wing of the White House to demonstrate where Madeline Westerhout's desk was in relation to the Oval Office.

"That is the area known as the outer oval office -- that is where the presidential secretaries or assistants sat," Westerhout told the jurors, highlighting the location of her desk.

Westerhout said she sat near John McEntee, Hope Hicks, and Keith Schiller, but no one sat closer to Trump's desk in the Oval Office than she did in the early days of the Trump administration.

"Who was the focus of your job?" prosecutor Becky Mangold asked.

"The president," Westerhout responded.

May 09, 2:58 PM
Westerhout testifies about 'Access Hollywood' fallout

Before she worked in the White House, witness Madeleine Westerhout worked at the Republican National Committee.

On the stand, she testified about the aftermath of the release of the infamous "Access Hollywood" tape.

"It was a tape of Mr. Trump and Billy Bush," she said. "At the time I recall it rattling RNC leadership."

Prosecutor Becky Mangold asked, "Did the RNC consider replacing Mr. Trump as a candidate?"

Westerhout told the jury, "It's my recollection there were conversations how it would be possible to replace him as the candidate if it came to that."

Westerhout testified that after Trump won the election, she helped with the presidential transition.

She said she earned the nickname "Greeter Girl" in the media after she helped coordinate meetings at Trump Tower, appearing in videos and photos accompanying potential Trump appointees in the Trump Tower lobby.

May 09, 2:51 PM
Prosecutors call White House aide Madeline Westerhout

Prosecutors have called their next big witness: Madeline Westerhout, who was Trump's director of Oval Office operations in the White House.

Westerhout was subpoenaed to testify.

Asked if she is nervous to testify, she responded, "I am now." This is her first time in a courtroom, she said.

Trump leaned forward in her chair, watching her intently.

May 09, 2:46 PM
Jury hears quotes from Trump on his management approach

The prosecution has next called Tracy Menzies, a senior vice president at HarperCollins.

She is testifying about Donald Trump and Bill Zanker's 2007 book, "Think Big: Make It Happen in Business and Life."

Trump, at the defense table, tilted his head up at the large screen at the front of the courtroom and then leaned toward his monitor at the defense table as his image appeared on the cover jacket for the book.

Menzies testified about passages from the book, quoting Trump's approach to business and people management.

"As a matter of fact, I value loyalty above everything else -- more than brains, more than drive, more than energy," Trump wrote in one portion of the book, read aloud by Menzies. Another portion of the book noted that loyalty has become "part of the corporate culture of the Trump Organization."

"My motto is: Always get even. When somebody screws you, screw them back in spades," read another quote.

"When you are wronged, go after those people because it is a good feeling and because other people will see you doing it."

Also: "Get the best people and don't trust them."

May 09, 2:29 PM
Defense highlights that Trump checks were for 'personal bills'

Defense attorney Susan Necheles conducted a short cross-examination of Trump Organization Rebecca Manochio about her time at the Trump Organization.

"Is it a nice place to work?" Necheles asked.

"Yes," Manochio said.

"You didn't really interact with President Trump?" Necheles asked.

"No," Manochio replied.

During her cross examination, Manochio also testified that then-CFO Allen Weisselberg rarely communicated with Trump once he took office.

"President Trump and Allen Weisselberg did not speak at all?" Susan Necheles asked.

"Correct," Manochio responded.

Necheles attempted to highlight that the checks made out to Michael Cohen, that were sent to Trump for his signature, were sent to Trump's bodyguard in Washington because they were for "personal bills" that needed to be quickly paid, and the White House delayed Trump's personal mail.

"These were all personal bills that had to be paid promptly?" Necheles asked.

"Yes," Manochio said.

May 09, 2:21 PM
Proceedings ready to resume for afternoon session

Donald Trump has returned to the courtroom following the lunch break.

Trump surveyed the gallery as he got to the defense counsel table.

Judge Merchan is back on the bench and Trump Organization bookkeeper Rebecca Manochio has taken her seat on the witness stand to resume her testimony.

May 09, 1:08 PM
Defense filing motion to dismiss, plus 2 other motions

Trump's defense team, after Judge Juan Merchan dismissed the jury for a lunch break, informed the judge they have a renewed motion for a mistrial plus two additional motions.

In in addition to seeking a mistrial, the defense will asking to preclude Karen McDougal's potential testimony, and seek to modify part of the limited gag order placed on Trump.

Merchan said he will break testimony early at 4 p.m. ET and handle the three motions then.

Before excusing the jury for the lunch break, Merchan announced that the trial is currently on or ahead of schedule.

May 09, 12:52 PM
Checks for Trump to sign were sent to bodyguard's home

As questioning of the Trump Organization's bookkeeper continued, Trump, sitting at the defense table, continued to appear to give instructions to his attorneys.

Trump wrote down a note on a yellow legal bad and passed it to attorney Susan Necheles, who read it and then looked up at Trump and nodded in agreement. She then went back to her own notepad and took down a note.

Bookkeeper Rebecca Manachio is testifying as a custodian of records for the Trump Organization, as prosecutors have entered into evidence a series of emails and Fedex records.

The jury sees FedEx invoices for checks Manachio says she sent to Washington for Trump to sign while he was president. They have seen two instances where Manachio mailed checks to the home of Trump's bodyguard, Keith Schiller, instead of directly to the White House.

Schiller also mailed the checks back, according to Manachio.

Asked who directed her to mail the checks to Schiller, Manachio said that either then-CFO Allen Weisselberg or Trump assistant Rhona Graff told her to do so.

May 09, 12:42 PM
Bookkeeper testifies she mailed checks for Trump to sign

For their next witness, prosectors have called Rebecca Manochio, a Trump Organization employee.

Manachio, on the stand, said she has worked for the Trump Organization for 11 years, including working as former CFO Allen Weissleberg's assistant for eight years. She now works as a junior bookkeeper at the company.

She said that she is testifying pursuant to a subpoena. "I was compelled to testify," she said.

Manochio testified she was the one who personally mailed the checks for Michael Cohen to Donald Trump in Washington, D.C., while he was president, for him to sign.

"How frequently did you have to FedEx checks to Mr. Trump?" she was asked.

"About once a week," she responded.

"Deb would give me the checks in a manilla folder, and I would put them in a FedEx envelope with a return," she testified.

Manachio said she would send Trump a bundle of checks weekly via Federal Express.

Asked about how many checks she sent at one time, she said, "Maybe between 10 and 20. I am not sure though."

Manachio said she would normally receive the signed checks back within a few days.

"Did you always check to make sure they were signed once you got them back?," she was asked.

"Yes," she affirmed.

"Who's signature was on them?" she was asked.

"Mr. Trump's," she said.

May 09, 12:32 PM
Stormy Daniels concludes testimony

During her redirect examination, Stormy Daniels suggested Trump targeted her in a Truth Social post.

"IF YOU GO AFTER ME, I'M COMING AFTER YOU," Trump wrote in August 2023.

Daniels said that Trump made the post shortly after he sued her for legal fees in Florida.

"I wasn't sure, but I thought it was me," Daniels said about the subject of the post.

Prosecutors previously told Judge Merchan that they planned to introduce social media posts to demonstrate a pressure campaign by Trump against known witnesses in the case.

On recross examination, defense attorney Susan Necheles suggested that the post likely referenced Trump's attitude toward a Republican political action committee, not Daniels' conduct.

With her testimony complete, Daniels stepped off the witness stand.

May 09, 12:24 PM
Daniels says she's been telling the truth about Trump

"Have you been telling lies about Mr. Trump or the truth about Mr. Trump?" prosecutor Susan Hoffinger asked Stormy Daniels.

Daniels answered, "The truth," and she said it has cost her.

"I've had to hire security, take extra precautions for my daughter, move my daughter to a safe place to live, move a couple times," she said.

Hoffinger concluded her redirect examination with this question: "On balance, has your publicly telling the truth about your experiences with Mr. Trump been net positive, or net negative?"

"Negative," Daniels answered.

May 09, 12:19 PM
Prosecutors display social posts disparaging Daniels

Prosecutors showed the jury disparaging tweets posted about Daniels, including one that said, "Good luck walking down the street after this."

"Are these two tweets examples of some of the tweets that you have received ... in relation to things you have said publicly about Mr. Trump?," Hoffinger asked.

"Yes. These are tame actually," Daniels responded.

May 09, 12:15 PM
Daniels addresses questions from cross-examination

Prosecutor Susan Hoffinger asked Daniels about some of the topics from Daniels' cross-examination.

Daniels, under questioning, said that her 2011 InTouch magazine interview – which defense attorney Susan Necheles used to highlight some inconsistencies in Daniels' story about her alleged sexual encounter with Trump -- was edited by the publication.

Hoffinger also asked Daniels about her interview with "60 Minutes."

"You didn't tell every single detail to Anderson Cooper, did you?" Hoffinger asked.

"No," Daniels responded.

May 09, 12:06 PM
Prosecutors begin Daniels' redirect examination

Following the conclusion of defense attorney Susan Necheles' cross-examination of Stormy Daniels, prosecutor Susan Hoffinger returned to the lectern for her redirect examination.

Hoffinger began her questions by asking Daniels to clarify why she wanted to go public with her allegations in 2016.

"You are safer hiding in plain sight," Daniels said. "Something won't happen to you if everyone is looking at you."

May 09, 11:59 AM
Defense seeks to distance Trump from nondisclosure

In her cross-examination of Stormy Daniels, defense attorney Susan Necheles sought to distance Donald Trump from the nondisclosure agreement Daniels signed.

"You have no personal knowledge of his involvement in that [agreement] and what he did and didn't do?" Necheles asked.

"Not directly," Daniels said.

Necheles also emphasized that Daniels had nothing to do with the crux of the case, which is how the payment to her was labeled on Trump's business records.

"And you know nothing about Trump's business records, right?" Necheles asked.

"I know nothing about his business records, no." Daniels responded. "Why would I?"

Daniels seemed to suggest she wasn't entirely clear on the substance of the charges against Trump in this case -- leading to a jab against the former president.

"You have no knowledge of what he's indicted for?" Necheles asked.

"There are a lot of indictments," Daniels responded.

The judge declined to strike that statement.

May 09, 11:51 AM
Daniels returns to the stand following break

Trump reentered the courtroom after the break and returned to the defense table. Before he sat, he turned around to scan the room.

Defense attorney Susan Necheles entered in front of him, smiling.

Trump then conferred with Necheles at the defense table, whispering into her ear as she nodded in agreement.

As Daniels walked by him to the witness stand, he turned to his left to confer with attorney Todd Blanche, facing away from her.

May 09, 11:35 AM
Trump gives fist-pump to reporters

Former President Trump gave a fist-pump as he exited the courtroom for the mid-morning break.

He did not address reporters on his way out .

May 09, 11:26 AM
'It hasn't changed,' Daniels says of her story

Defense attorney Susan Necheles is continuing to try to find inconsistencies in the stories Daniels has previously told about her alleged sexual encounter with Trump, but Daniels, on the stand, has remained steadfast.

"Your story has completely changed, hasn't it?" Necheles asked her at one point.

"No!" Daniels shouted into the microphone. "Not at all. You are trying to make me say that it changed, but it hasn't changed."

Several jurors, watching the exchange, looked like they were watching a tennis match, with their heads and eyes shifting back and forth.

The judge subsequently called for the mid-morning break.

As Necheles returned to the defense table, Trump gave her a pat on the waist, seemingly in approval. She nodded back to him.

Daniels smiled at prosecutors as she left the stand.

May 09, 11:14 AM
Defense questions Daniels about feeling lightheaded

In Susan Necheles' first sustained effort to call into question Stormy Daniels' story of the alleged sexual encounter, which her client has steadfastly denied for years, the defense attorney turned to the details of what happened when Daniels says she exited the bathroom of Trump's suite and saw Trump in his underwear.

Necheles attempted to cast doubt on Daniels' account of feeling light-headed -- highlighting her experience working with naked men in the adult film industry.

"But according to you, seeing a man on a bed in a T-shirt and boxer shorts was so upsetting that you got light-headed, the blood left your hands and feet, and you almost fainted?" Necheles asked.

Daniels responded by highlighting Trump's age, telling jurors she did not expect to find Trump undressed, and emphasizing the power imbalance in the room.

May 09, 11:05 AM
Defense asks Daniels if she and Trump ate dinner

Defense attorney Susan Necheles pressed Daniels on whether she and Trump had dinner during their time in his suite.

According to Necheles, Daniels told InTouch magazine in 2011 and Anderson Cooper in 2018 that she "had dinner" with Trump.

During Daniels' testimony on Tuesday, Daniels said she never ate food during the interaction with Trump.

"I maintain that I didn't see any food," Daniels said today. "My story is the same ... it was dinner, but we never got any food."

Daniels alleged that Necheles was cherry-picking her past statements to falsely suggest her testimony was inconsistent.

"You are showing me one sentence of an entire conservation," Daniels told Necheles.

"Your words don't mean what you say, do they?" Necheles said.

Daniels' posture during this exchange belied her confrontational tone with Necheles. She reclined in her seat, leaning slightly on her right elbow in a relaxed way. Her body was oriented toward the jury even as her face and eyes were turned to Necheles, periodically using hand gestures to emphasize a point.

Trump, meanwhile, remained sitting back in his chair, listening to much of Daniels' testimony with his eyes closed.

May 09, 10:56 AM
Defense presses Daniels on details of her story

Defense attorney Susan Necheles turned her focus to the alleged sexual encounter between Trump and Stormy Daniels in 2006.

Necheles recounted the details of the golf tournament where Daniels said she and Trump met in Lake Tahoe, California, asking Daniels to confirm each part of the story.

Necheles homed in on an apparent inconsistency between Daniels' testimony on Tuesday and her description of the encounter to InTouch magazine in 2011.

"This is a totally different story than you told in 2011?" Necheles said.

"No," Daniels responded.

According to Necheles, Daniels told InTouch that Trump kept looking at her when they first met on the golf course and that he offered to take her out to dinner.

On Tuesday, Daniels testified that her interaction with Trump on the course was brief and said that Trump's bodyguard extended the dinner invite on behalf of Trump.
 

May 09, 10:48 AM
Defense suggests Daniels has experience with 'phony stories'

Jurors saw photos of some of the merchandise Stormy Daniels sells on her online store, including T-shirts, comic books and a "Stormy Saint of Indictments candle."

Defense attorney Susan Necheles used the line of questioning to again suggest that Daniels makes a "large part of her livelihood" by selling the story about her alleged affair with Trump.

Necheles suggested Daniels is well-practiced in making up stories about sex, pointing to her career in adult films.

"You have a lot of experience of making phony stories about sex appear to be real?" Necheles asked.

"The sex in the films is very real, just like what happened to me in that room," Daniels responded, adding that if she were to fictionalize her encounter with Trump, she "would have written it to be a lot better."

Trump attorney Todd Blanche let out a chuckle at one point when Daniels, in referring to the sex in adult films, said, "I think we all know how to do that."
 

May 09, 10:44 AM
Defense questions Daniels about her recent social posts

"Isn't it a fact that you keep posting on social media that you would be instrumental in putting President Trump in jail?" defense attorney Susan Necheles asked Stormy Daniels.

"Show me where I say I would be instrumental in putting President Trump in jail," Daniels replied.

Necheles displayed for the court a social media post Daniels made responding to a message calling her a "TOILET," that read: ""Exactly! Making me the best person to flush the orange turn down."

"I don't see the word 'instrumental' or 'jail,'" Daniels said. "You're putting words in my mouth."

Daniels explained the joke, citing the reference to a "toilet" as her predicate for using the "orange turd" expression: "See how that works?"

Asked what she meant by "orange turd," Daniels said: "I don't know what I meant ... I'm also not a toilet."

Trump, at the defense table, put his elbows back on the table and leaned into the monitor in front of him as it displayed another post in which Daniels says she celebrated his indictment.

"You are drinking champagne because you are celebrating that Trump was indicted?" Nechelss asked Daniels.

"Yes," Daniels responded.

Trump visibly shook his head no.

May 09, 10:38 AM
Testimony turns combative as Daniels is pressed on social posts

Defense attorney Susan Necheles turned the topic of her cross-examination to Stormy Daniels' recent social media posts related to the trial.

Jurors saw a March 2024 post on X where Daniels said she was the "best person to flush the orange turd down."

Pressed by Necheles, Daniels initially refused to confirm if she was referring to Donald Trump in that post.

The questioning turned combative and Daniels appeared to get defensive.

"If they want to make fun of me, I can make fun of them," Daniels said.

Daniels later relented, telling Necheles that she referenced Trump in the tweet.

"I absolutely meant Donald Trump," Daniels admitted.

May 09, 10:32 AM
Defense suggests Daniels profited off the publicity

Prosecutors sought to paint Stormy Daniels as someone who profited off the publicity she generated from her alleged sexual encounter with Donald Trump -- pressing her on a CNN interview, a book deal, a strip tour using a pun on Trump's infamous political slogan, a reality TV show.

Defense attorney Susan Necheles said the encounter “generated a ton of publicity” for Daniels.

“Lots of bad publicity,” Daniels retorted.

“The centerpiece of your book is your story about supposedly having sex with President Trump?” Necheles asked.

“No,” she said, before acknowledging, “Sadly, I thought it was what people would turn to first.”

May 09, 10:28 AM
Daniels asked about 'Make America Horny Again' tour

Defense attorney Susan Necheles asked Daniels about a tour of clubs she did in 2018, which one club dubbed the "Make America Horny Again" tour.

"I did not name that tour and I fought it tooth and nail," Daniels said. "I never used that headline -- I hated it."

Daniels pushed back against Necheles suggesting that she marketed the tour by stoking animosity towards Trump. In her book, she noted how the crowds at the tour included supportive fans who opposed Trump's presidency.

"The climate in the clubs absolutely changed, but I was not selling myself to a particular demographic," Daniels said. "I just did the same job I always did."

In the courtroom, attorneys displayed an advertisement for the tour. Trump had been sitting back in his chair before the advertisement was displayed, eyes seemingly closed, but he leaned forward and stared into the monitor when it was displayed.

May 09, 10:23 AM
Defense presses Daniels on 2018 denial

Defense attorney Susan Necheles tried to distance Donald Trump from efforts to hide the Stormy Daniels story from voters by highlighting the efforts to keep it hidden in 2018.

"And he wanted you to deny it, correct?" Necheles asked about Trump in 2018.

"Yes," Daniels said.

"And he wasn't running for election in 2018?" Necheles asked.

"No," Daniels said.

"He was concerned about his family, correct?" Necheles asked.

"I was never mentioned anything about his family," Daniels responded.

"But there was nothing about his election going on then?" Necheles asked.

"No," Daniels said.

"And you understand President Trump has a brand?" Necheles followed up.

"Yes," Daniels responded.

May 09, 10:17 AM
Defense asks Daniels about her 2018 denial

Defense attorney Susan Necheles asked Stormy Daniels about her January 2018 denial of the sexual encounter with Trump, showing her the statement she signed that has been prepared by her then-attorney.

“To be clear, I did not write this statement,” Daniels said. “I was told I had to sign it.”

"I signed it, but I did not write it," Daniels continued. "It was given to me and I was told I had to sign it."

Necheles then asked Daniels a series of questions about legal language in her nondisclosure agreement.

Jurors appeared to remain engaged -- but not to the extent that they were previously, when the testimony was more riveting.

One juror was sipping a glass of water, another was rubbing his eyes. Most were still jotting down notes or looking toward the witness stand.

May 09, 10:08 AM
Daniels says lawyer on call referenced someone else

Stormy Daniels testified that she didn't recall the conversation her then-attorney Davidson referenced in the secretly recorded phone call the jury just heard.

She added that Davidson referenced what someone else -- her agent Gina Rodriguez's boyfriend -- might say about the call, not her recollection of it.

"I never yelled at Keith Davidson over the phone," Daniels said. "It sounds like a threat from Keith Davidson."

May 09, 10:01 AM
Jurors hear secretly recorded call between Daniels' attorney and Cohen

Jurors heard a surreptitiously recorded phone call between then-Trump attorney Michael Cohen and Stormy Daniels' then-attorney, Keith Davidson.

"I just didn't want you to get caught off guard, and I wanted to let you know what was going on behind the scenes," Davidson says on the recording. "And I would not be the least bit surprised if, I wouldn't be the least bit surprised if you see in the next couple of days that Gina Rodriguez's boyfriend goes out in the media and tells the story that Stormy Daniels, you know, in the weeks prior to the election was basically yelling and screaming, and calling me a p----."

"Can I, can I ask you a question? Right," says Cohen.

"No, hold on one second," says Davidson. "I wouldn't be the least bit surprised if he comes out and says, you know what, Stormy Daniels, she wanted this money more than you can ever imagine. I remember hearing her on the phone saying, you f------ Keith Davidson. You better settle this goddamn story. Because if he loses this election, and he's going to lose, if he loses this election we lose all f------ leverage this case is worth zero. And if that happens, I'm going to sue you because you lost this opportunity. So settle this f------ case. That's a far cry, that's a far cry from far cry from being, you know, bullied and pushed into settling a case."

Trump, sitting at the defense table, appeared highly pleased with this testimony -- he hunched forward over the table in leaned into the monitor on his table that displayed the transcript of the call, firmly nodding is head yes in agreement repeatedly when the tape said "we lose all f------ leverage."

Trump then looked directly at the witness stand when Daniels responded to the tape, saying she never yelled at Davison.

May 09, 9:52 AM
Daniels said she wanted a 'paper trail'

Stormy Daniels told defense attorney Necheles that despite the nondisclosure agreement effectively killing her story, the deal resulted in a "paper trail" that made her feel safe.

"I wanted the truth to be printed with some paper trail," Daniels said. "With a target on my back on my family's -- it was the perfect solution."

Necheles, who suggested on Tuesday that Daniels had been attempting to extort Trump, then resumed those efforts.

"You were threatening that you would try to hurt Trump politically if he didn't give you money?" Necheles said.

"False," Daniels retorted.

May 09, 9:48 AM
Daniels says she chose nondisclosure for her safety

Defense attorney Susan Necheles resumed her cross-examination of Stormy Daniels by focusing on Daniels' motivation for selling her story ahead of the 2016 election.

Daniels previously testified that she wanted to get her story out but was afraid for her safety, so she opted instead to sign the nondisclosure with Trump and receive $130,000.

Pressed on the topic, Daniels said she initially wanted to get her story out.

"I was asking to sell my story to publications to get the truth out," Daniels. "I wanted to do a press conference."

Daniels added that she thought she was "running out of time" to get the story out.

"You were running out of time to get money?" Necheles asked.

"No, to get the story out," Daniels responded.

Daniels said she opted to sign a nondisclosure agreement to prioritize her safety.

"I choose to be safe," Daniels said.

"You choose to make money, right?" Necheles said.

"I choose to take a nondisclosure," Daniels replied.

May 09, 9:40 AM
Stormy Daniels retakes the stand

"Good morning, Mr. Trump," Judge Merchan said as he opened the day's proceedings.

The judge began the morning by precluding defense lawyers from questioning Daniels about a past arrest that never resulted in a conviction.

"Anybody can be arrested," Merchan said. "That does not prove a thing."

Stormy Daniels entered the courtroom and took her seat on the witness stand for the defense to resume its cross-examination. Judge Merchan reminded her that she is still under oath.

Trump appeared to glance at her as she passed his counsel table.

May 09, 9:32 AM
Court is back in session

Judge Juan Merchan has taken the bench and court is back in session for Day 14 of Donald Trump's criminal trial.

Defense attorney Susan Necheles is sitting on Trump's right at the defense table, Todd Blanche is to his immediate left, and Emil Bove occupies the seat over.

A packed row of Trump's supporters, including Sen. Rick Scott of Florida, occupy the first row of the gallery directly behind Trump.

May 09, 9:28 AM
Trump enters courtroom

Former President Donald Trump has entered the courtroom.

As he made his way down the isle to his seat at the defense table, a man seated on the right side of the court room stood up -- something that is not allowed -- and gave Trump a thumbs-up as he passed.

May 09, 9:20 AM
Prosecutors arrive in courtroom

Prosecutors have entered the courtroom.

Manhattan District Attorney Alvin Bragg was not with them when they came in.

May 09, 9:15 AM
Five members of public are in court after waiting overnight

Members of the public lined up as early as 12:30 a.m. to get a spot in the courtroom to see Stormy Daniels' testimony this morning.

Two friends who live in Brooklyn, who identified themselves as Shmuel and Levi, said their first attempt to watch the trial from the courtroom on Tuesday failed. They said they arrived at 3:30 a.m. but could only secure a spot in the overflow room, so they changed their approach this morning.

"We went back home last night ... and decided to come at like 12:30 a.m.," Shmuel told ABC News. "We figured that it would be safe."

Both said they stayed awake while waiting overnight and appreciated the weather cooperating.

"It was really a beautiful night," Levi said.

A total of five members of the public made it into the courtroom this morning.

May 09, 8:18 AM
Stormy Daniels arrives at courthouse

Stormy Daniels has arrived at the lower Manhattan courthouse ahead of her second day of testimony.

Proceedings are scheduled to resume at 9:30 a.m. ET.

May 09, 7:54 AM
Judge said defense's concerns can be address on cross

On Stormy Daniels' first day on the stand on Tuesday, her graphic testimony about her alleged 2006 sexual encounter with Trump -- which Trump denies took place -- prompted attorneys for the defense to seek a mistrial.

Daniels told the jury about noticing an "imbalance of power" with Trump, how she was "blacking out" and found herself nearly naked on the bed of Trump's hotel suite, and how the two engaged in unprotected sex.

Defense attorneys for Trump argued that the testimony did enough damage to merit tossing the trial entirely on the grounds that it was prejudicial in the eyes of the jury.

Judge Juan Merchan denied the bid, saying the defense will have its say during their cross-examination -- which began Tuesday and is scheduled to continue today.

May 09, 7:33 AM
Stormy Daniels to return to the witness stand

Stormy Daniels, the adult film actress whose allegations of a 2006 sexual encounter with Donald Trump prompted the hush money payment that lies at the center of the Manhattan DA's criminal case against Trump, is scheduled to return to the witness stand this morning.

On Daniels' first day on the stand on Tuesday, she testified that first met Trump at a celebrity golf tournament in Lake Tahoe, California, and that he invited her to his hotel suite. Daniels told the jury that when she came out of the bathroom, she found Trump on the bed dressed in only his underwear and a T-shirt.

"The next thing I know, I was on the bed," said Daniels, who then described how they had sex. Trump has denied that the two ever had a sexual encounter.

Daniels told jurors that she became afraid to go public with her story of the encounter after she was threatened by an unknown man in a Las Vegas parking lot in June 2011. She said that the 2016 offer from then-Trump attorney Michael Cohen to buy her silence for $130,000 on the eve of the 2016 election allowed her to keep the allegations private while profiting from the deal.

"They were interested in paying for the story, which was the best thing that could happen because then my husband wouldn't find out, but there was still documentation of a money exchange and a paperwork exchange, so that I would be safe and the story wouldn't come out," Daniels said.

Copyright © 2024, ABC Audio. All rights reserved.


Tornadoes strike across 7 states with more severe weather on the way

ABC News

(NEW YORK) -- The threat for tornadoes continues Thursday following an outbreak of deadly storms throughout the Midwest and South over the past few days.

As of Thursday afternoon, at least 17 tornadoes had been reported in the previous 24 hours across seven states. There have been nearly 100 reported or confirmed tornadoes across 18 states since Monday.

Over 30 million Americans, from Texas to South Carolina, are in the storm zone and can expect to see severe weather Thursday night into early Friday. The tornado threat is lower than it has been during the multiday outbreak -- damaging winds and large hail will be the main threat with these storms Thursday -- though a couple of tornadoes will still remain possible.

Damaging winds up to 70 mph, scattered hail and a couple of tornadoes will all be possible as a cluster of thunderstorms with a history of producing tornadoes moves through southern Georgia, heading south and east through the evening.

A tornado watch has been issued for South Carolina, Georgia, Alabama and Florida until 9 p.m. ET Thursday. The cities located in that tornado watch include Jacksonville, Florida; Savannah, Georgia; and Charleston, South Carolina.

In Texas, a cluster of storms is expected to fire up Thursday afternoon and evening then progress west across the Gulf Coast states through the overnight hours. The main threats are significant wind gusts to 85 mph and very large hail up to 4 inches, though a couple of tornadoes cannot be ruled out.

A tornado watch has also been issued for parts of Texas, including Dallas, Waco and Abilene, through 9 p.m. CT Thursday.

The latest severe weather threat comes after three people were killed in storms on Wednesday.

One person died in Claiborne County, the Tennessee Department of Health said. Another person died and four others were injured after storms moved through Maury County, Tennessee, Maury Regional Health said.

A third person died in North Carolina, The Associated Press reported.

The National Weather Service said a tornado that devastated Columbia, Tennessee, on Wednesday was an EF3 with winds up to 140 mph.

A tornado emergency was issued near Huntsville, Alabama, overnight into Thursday, including at least one reported tornado that produced damage.

A flash flood emergency was issued north of Nashville, Tennessee, where some areas got more than 8 inches of rain in just a matter of hours. Water rescues were reported in the area overnight.

Copyright © 2024, ABC Audio. All rights reserved.


24-year-old speaks out after falling into shark-filled marina: 'I got very lucky'

WPBF

(NEW YORK) -- While working on a boat docked in the Bahamas a couple weeks ago, Marlin Wakeman was jumping onto the vessel when it surged in the water and he slipped off the boat into the marina.

"I knew what was coming," Wakeman said.

In a matter of seconds, the 24-year-old Floridian was able to pull himself back up onto the boat -- but not before a Caribbean reef shark bit his leg.

The boat was docked at the Flying Fish Marina in Long Island, which regularly draws sharks thanks to the abundance of fish carcasses discarded by fishermen, Wakeman said.

"There's at all times 20 sharks roaming around," Wakeman told reporters during a press briefing Thursday at St. Mary's Medical Center in West Palm Beach, Florida, where he was treated for his shark bite. "Me and my buddies were talking about like, man, if you fell in here, like, you are done."


He said the shark pulled him under the water then let go of his leg, and he was able to pull himself onto the boat before another shark bit him.

"I had so much adrenaline going through my body," he said.

Wakeman said his boat captain tied a tourniquet on his leg once he got out of the water. Once the adrenaline wore off, he started to feel a lot of pain.

"I said, 'Hey man, like, I really don't want to die right now,'" he said he told his captain. "Like, this ain't it."

He went to a nearby clinic for "damage control" -- where they stitched up the wound to stop the bleeding -- before traveling to St. Mary's Medical Center for surgery, according to Dr. Robert Borrego, a trauma surgeon at the hospital.


Judging by the circumference of the bite wound, Borrego estimated that the shark that bit Wakeman was at least 7 feet. The shark punctured the kneecap and just missed a nearby artery, Borrego said.

The team worked to clear out the wound due to the risk of infection and repaired the joint injury, Borrego said. Wakeman is expected to make a full recovery, he said.

"The fact that there's 20 sharks in there and you were able to get out of there and still have a leg is amazing," Borrego, who said he treats several shark bite victims a year, told reporters. "I think that is it almost to say how quickly he reacted and that he didn't panic."

Wakeman's parents said they knew there was always a risk their son could get bitten by a shark since he works on the water, but they were still shocked to get the news when it happened.

"I know what they're capable of," his father, Rufus Wakeman, a boat captain, told reporters. "I have several friends who have been bitten and it's a shocking revelation when you see some of the wounds these people have had to endure and now it's my son. It's our son. And it is just scary."


His parents thanked everyone involved, from the crew on the boat to the doctors at the clinic and hospital.

"We're just very grateful to be able to be here, that Marlin gets to tell his story," his mother, Melynda Wakeman, told reporters.


Wakeman said he is also thankful to be able to share what happened.

"They're an apex predator and if they bite you, it can be pretty ugly," he said. "I got very lucky and it could have turned out to be a completely different, you know, outcome."

Asked by a reporter how this might affect him going forward, Wakeman said he might "have some nightmares here and there" but thinks he will be OK.


"I would just maybe take another two seconds to be a little bit more careful when I jumped on the boat," he said.

Copyright © 2024, ABC Audio. All rights reserved.


Illinois man charged with attempted first-degree murder of neighbor in apparent 'racially motivated' shooting: Sheriff

Getty Images - STOCK

(JOLIET, Ill.) -- An Illinois man was arrested and charged on Wednesday with attempted first-degree murder after he allegedly shot and injured a neighbor in an incident that "appears to be racially motivated," according to the Will County Sheriff's Office (WCSO).

John P. Shadbar, 70, of Lockport Township, was arrested on Wednesday and was booked on four charges, including attempted-first degree murder, aggravated battery with a firearm, and unlawful use of a weapon by a felon.

Shadbar is being held at the Will County Adult Detention Facility and is set to appear in court for a hearing on Thursday afternoon. It is unclear if Shadbar has retained an attorney in this case.

The victim of the shooting is a 45-year-old female, according to authorities, but her identity has not yet been released.

According to the WCSO, sheriff's deputies responded to the area of 144th Place and Rickerman Road in Unincorporated Lockport Township, just southwest of Chicago, at 5:37 PM local time on Tuesday in response to a complaint of shots fired.


"Witnesses to the incident advised 911 that the offender, John Shadbar, shot the victim outside and was walking around his property with a rifle," WSCO said in a statement announcing Shadbar's arrest. "A reverse 911 call was placed to area residents to shelter in place due to this incident. Witnesses stated that Shadbar fired dozens of rounds of ammunition with an assault-style rifle at the victim from different outside locations."

According to the sheriff's office, the suspect barricaded himself inside his residence for a brief time after the shooting and was later convinced by a crisis negotiator to exit his residence "with his hands up."

"While speaking to the crisis negotiator, Shadbar made several incriminating statements," according to a WSCO statement."

"Detectives are confident that additional charges will be filed regarding this case, as this incident appears to be racially motivated," the statement continued.


According to law enforcement, deputies provided aid to the victim and she was then transported to a local hospital "in critical condition," where she has undergone surgery for her injuries, which include a gunshot wound to her chest that exited her back, and a gunshot wound to her hand.


Detectives and investigators obtained video evidence of the shooting and are working to recover additional evidence pending a search warrant of the suspect's residence, according to WSCO, and will provide additional detail as the investigation progresses.

Will County Sheriff Mike Kelley thanked the "heroes" from the sheriff's office, the Lockport Police Department, and Lockport Township Fire Protection, who responded to the scene.

"They put themselves in harm's way, knowing that there was an armed individual in the area with the ability to shoot at them from a long distance," Kelley said in a statement on Wednesday.

"[They] collaborated and worked together to ensure that the victim could be stabilized and transported out of harm's way. This is a prime example on how teamwork and training are important aspects of this job," Kelley added.

ABC News reached out to WSCO for additional information and inquired about the potential release of surveillance video evidence in this case, but requests for comment were not immediately returned.

Copyright © 2024, ABC Audio. All rights reserved.


Judge rejects Hunter Biden's appeal on gun charges, paving way for trial in June

Anna Moneymaker/Getty Images

(WASHINGTON) -- A federal appeals court has rejected Hunter Biden's effort to throw out gun charges against him, paving the way for a trial to begin next month.

The Third Circuit Court of Appeals on Thursday dismissed an effort by the president's son to have his felony gun case in Delaware thrown out, rejecting his challenge to the charges on procedural grounds.

The three-judge panel said in its short ruling -- just four pages total -- that it did not consider the merits of Biden's challenge at this stage, instead saying it was the improper time for them to take up such an appeal.

The ruling paves the way for Biden to stand trial in the case, which is set to begin on June 3, according to an order issued Thursday by Maryellen Norieka, the district judge overseeing his case.

Biden will next be scheduled to appear in court on May 24 for a pretrial conference.

Prosecutors say Biden lied on a federal form about his drug use when he obtained a Colt Cobra 38SPL revolver in 2018, after he later acknowledged in his memoir, "Beautiful Things," that he was addicted to drugs around that time. He owned the firearm for 11 days and never fired it, his attorneys have said.

Biden was indicted by special counsel David Weiss last September.

A previous attempt to have the charges dismissed in April also failed.

This is a developing story. Please check back for updates.

Copyright © 2024, ABC Audio. All rights reserved.


Homeland Security slated to propose change to asylum-seeking process: Sources

John Moore/Getty Images

(EAGLE PASS, Texas.) -- The Department of Homeland Security is slated to propose a change to the process for those seeking asylum in the United States, three sources familiar with the plans told ABC News.

The new proposal, which could come as soon as Thursday, would allow asylum officers to determine earlier in the process whether an asylum-seeker is a national security risk and therefore ineligible to stay in the United States, according to the sources.

Currently, that determination is made later in immigration proceedings based on multiple factors. The new rule aims to allow that determination to be made during the initial screening phase.


The proposal would not go into effect immediately, as it would need to go through a public comment period and review before being implemented.

The proposed change would affect only a small group of asylum seekers, the sources said.

Homeland Security's action comes as the Biden administration has been under increasing pressure to take executive action to deal with migrants crossing the border.

Conversations about what else the administration can do to address the border through executive actions are still ongoing, according to a source.


One action still under consideration is restricting individuals who enter the country between official ports of entry from seeking asylum.

Copyright © 2024, ABC Audio. All rights reserved.


Exclusive: Mom speaks out after Air Force rescued her son at sea from a cruise ship

ABC

(NEW YORK) -- A mother from Massachusetts spoke exclusively to ABC News after her 12-year-old son was part of a high-stakes cruise ship rescue by the Air Force, hundreds of miles off shore.

Angela Bridges was aboard the Carnival Venezia cruise ship with her family, including son Aiden, en route to New York City from the Caribbean when he fell seriously ill, concerning the medical team on board.

In an exclusive interview with ABC News, Bridges recalled the moment health professionals said, "'We're going to do an x-ray,'" and told her, "'it looks as though he has a perforation in his bowel -- the next thing that we need to do immediately is get him off the ship."

At the time of the critical medical incident, the ship was outside of North Carolina and more than 350 nautical miles off the coast.

The 920th Rescue Wing of the Air Force, consisting of two HH-60G Pave Hawk helicopters, two HC-130J Combat King II aircraft and two teams of combat rescue officers and pararescuemen, flew to the ship’s position to safely extract the patient for transport to the nearest capable medical center.

"We were standing there watching the whole time, and I, just, you know, screaming and crying over the helicopter blades," Bridges recalled. "It was very scary."

"The amazing thing about this rescue is is actually how smooth it went. We went from zero notification to having aircraft ready to having aircraft in the air. And the young man in the hospital in in just a manner of hours," Lt. Col. Dave Underwood told ABC News.

Other cruise-goers watched on as the rescue workers lowered down, and grabbed the boy in critical condition, followed by his mom.

"After that the whole ship like cheered and was screaming and yelling 'yay'," passenger Katie Reed who took video of the moment, told ABC News. "It was really cool to witness and see like you know that this kid got a better chance at life because of like that team was phenomenal."

Aiden is currently recovering at a North Carolina hospital.


"I feel so much gratitude, gratefulness toward all the people who have been integral to my son's recovery," Bridges said. "It's not just the Coast Guard or the Air Force, or the doctors or the nurses. It's all of those people."

"Carnival Venezia's team worked with United States Coast Guard and Air Force officials to adjust its course Saturday so a medical helicopter could rendezvous with the ship when a guest on board needed treatment ashore. The ship then resumed its route to New York, arriving as scheduled Monday morning," Carnival said in a statement to ABC News.

Copyright © 2024, ABC Audio. All rights reserved.


Family speaks out on $3.8 million settlement following Atlanta deacon's death after tasing

Davis Bozeman Johnson Law

(NEW YORK) -- The family of Johnny Hollman, the 62-year-old Atlanta deacon who died after an Atlanta police officer tased him following a minor crash in August 2023, spoke out after reaching a $3.8 million settlement with the city of Atlanta.

"[The settlement] will never value my father's life," Hollman's daughter, Arnitra Hollman, told ABC's GMA3 co-anchor DeMarco Morgan in an exclusive interview set to air on Thursday.

"$3.8 million will never give us closure. We will live with this pain for the rest of our lives. This is our new normal," she added.

The Atlanta City Council unanimously voted in favor of the settlement on Monday night, agreeing to pay $3.8 million to settle a civil lawsuit filed in January by the Hollman family against the city of Atlanta, former police officer Kiran Kimbrough and Atlanta Police Chief Darin Schierbaum.

The complaint, a copy of which was obtained by ABC News, alleged that "unlawful use of excessive force" led to Hollman's death after the deacon was tased while resisting arrest for refusing to sign a citation saying that he was at fault in a minor crash.

ABC News reached out to the Atlanta Police Department and Kimbrough's attorney, but requests for comment were not immediately returned.

Hollman family attorney Harold Spence told GMA3 that the settlement is a "clear acknowledgment that they understood that there was a wrong that needed to be righted."

The settlement comes amid an ongoing investigation into the deacon's death on Aug. 10, 2023, by the Georgia Bureau of Investigation and the Fulton County District Attorney's office.

Asked about the settlement and the status of the investigation, a spokesperson for the DA's office told ABC News that "because the case is still under investigation at this time, we cannot comment."

The Georgia Bureau of Investigation did not respond to ABC News' request for comment.

Hollman family attorney Mawuli Davis said in a statement following the settlement that "While this part of their struggle is coming to a close, this fight for justice will not end until criminal charges are levied."

Hollman's death led to policy changes at the Atlanta Police Department that were announced by the city in November 2023.

"What I don't want to see is this happening to anybody else," Arnitra Hollman said. "I don't want this to happen to another family … I want policing policies to change. Traffic violations shouldn't call for a death sentence."

Changes implemented following Hollmans' death include the launch of a civilian response unit to respond to "low risk calls for service," and allowing officers to write "refusal to sign" when an individual refuses to sign a traffic citation, as opposed to requiring arrest, according to a November 2023 city press release.

"My thoughts remain with the Hollman family, and while nothing can undo what has been done, my priority was to get this family as close to full closure from this unfortunate tragedy as soon as possible," Atlanta Mayor Andre Dickens told ABC News in a written statement following the settlement. "Significant changes to procedures following the incident have been made, which include the new CARES unit—whose first members' training should conclude next month."

What the body camera video shows

Body camera video released by the Atlanta Police Department (APD) in November 2023 shows an argument ensuing between Hollman and Kimbrough after the deacon refused to sign a traffic citation, saying he was at fault in the minor crash.

The one hour and six-minute-long video showed Hollman repeatedly telling Kimbrough he'd done "nothing wrong," while Kimbrough threatens to arrest Hollman if he doesn't sign it.

In the video, the interaction appeared to escalate when Kimbrough attempted to arrest Hollman and the deacon resisted.

During the struggle, Hollman can be heard eventually agreeing to sign the ticket. A tow truck driver, who was called to respond to the crash, can also be seen in the body camera footage helping hold Hollman to the ground.

While being pinned to the ground, Hollman can be heard on the video repeatedly saying, "I can't breathe."

The officer first threatened to use his Taser gun on Hollman, and then eventually activated his Taser, video shows. Hollman appeared to become unresponsive almost immediately after being tased. He was later pronounced dead at a hospital.

Arnitra Hollman told ABC News in an August 2023 interview that her father had "chronic asthma" since he was a child.

An autopsy conducted by the Fulton County Medical Examiner's office lists Hollman's manner of death as "homicide." The report, a copy of which was obtained by ABC News, lists "Cardiac dysrhythmia due to use of a conducted energy device in association with hypertensive and atherosclerotic cardiovascular disease," as the cause of death.

Kimbrough was initially placed on administrative leave amid an internal investigation but police announced on Oct. 10, 2023 that chief Schierbaum "terminated Officer Kimbrough for failing to follow the department's standard operating procedures" during Hollman's arrest by failing to call a supervisor to the scene before attempting to arrest Hollman for failing to sign the traffic citation.

Arnitra Hollman was on the phone with him during the incident for more than 17 minutes and was "likely on the phone with her father at the time he took his last conscious breath," according to the complaint. When she arrived on the scene, she found him "on the ground, motionless," the lawsuit alleges.

Reflecting on her last conversation with her father as the nine-month anniversary of his death approaches on Friday, Arnitra Hollman told Morgan, "He just kept calling on Jesus' name towards the end. It's like his voice was getting lower and lower and lower."

"I still can remember his voice. I can still hear him scream. I can still hear his wallow," she added. "I can still see how he was. He didn't deserve that."

Copyright © 2024, ABC Audio. All rights reserved.


Three children, two adults in critical condition following possible targeted shooting in San Antonio, Texas: Police

Douglas Sacha/Getty Images

(SAN ANTONIO) -- Five individuals, including three children under 10, were shot at a residence in San Antonio, Texas, Wednesday night in what authorities believe was a targeted shooting.

All of the victims -- two adults and three children -- are in critical condition, Bexar County Sheriff Javier Salazar said at a media briefing.

At about 7:40 p.m. CT, officers responded to a call about a shooting on the 6700 block of Windsor Hollow Dr. in San Antonio, Salazar said. When deputies arrived at the residence, they found five victims suffering from gunshot wounds, he said. The youngest victim is 4 years old, according to authorities.

The five victims were transported to San Antonio Military Medical Center in critical condition. No further details on their condition were available.

Two suspects are believed to have pulled up to the residence in a vehicle, walked up to the house, and fired 20-25 shots using long, semi-automatic rifles, Salazar said. The suspects fled the scene. Salazar said law enforcement believes this was a targeted shooting.

"It's a miracle we're not dealing with five dead bodies right now," Salazar said.

Based on information obtained so far, Salazaar said it appears that the suspects and the victims knew each other.

No weapons used by the suspects, who remain unknown, were found on the scene.

Authorities do not believe there is an imminent threat to the public, he said.

An investigation is ongoing.

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Rev. Al Sharpton and Ben Crump speak at funeral for Ohio man who died last month while in police custody

Courtesy of Ben Crump Law

(NEW YORK) -- Funeral services were held Wednesday for a 53-year-old man who died after being detained by police in Ohio last month. Frank Tyson's hands were cuffed behind his back, and he was placed on his stomach at a social establishment in Canton.

Rev. Al Sharpton and civil rights attorney Ben Crump spoke at Tyson's memorial at the Hear the Word Ministries church. Tyson died on April 18 after police body camera video captured him saying "I can’t breathe" multiple times as he was detained by police and forced to the floor of the AMVETS club.

"What does that say to everyone in here? That you can do this to us," Sharpton said during the eulogy. "You see us all as expendable. And we come to tell you that Frank mattered to us, his life had value to us, and we are going to stand up for the sanctity of Frank Tyson’s life."

Canton police responded to a call about a car accident where a vehicle was driven into an electric pole near the AMVETS establishment. Officers found Tyson inside the club and were immediately asked by a woman who let them in to take Tyson out of the bar, according to body camera footage obtained by ABC News.

"Eric Garner said, 'I can't breathe,' and they ignored him. And then George Floyd said, 'I can't breathe,' and they told him, 'Well, if you talking, you can breathe,'" Crump said. "And then we come to Frank Tyson of Canton, Ohio, who says, 'I can't breathe,' And it gets even worse because the police officer says 'shut the F up.'"

The video shows officers immediately approach Tyson as he appears to resist, and a struggle ensues. One of the officers placed a knee on Tyson’s back. Approximately five minutes later, an officer checked Tyson’s pulse. Soon after, police began to perform CPR. He was taken Aultman Hospital where he was pronounced dead at 9:19 p.m.local time, according to police.

The Ohio Attorney General’s Office told ABC News that its Bureau of Criminal Investigation (BCI) unit will refer the investigation of Tyson’s death to the attorney general once it is complete.

"BCI was requested by the Stark County Sheriff's Office on April 18 to investigate a fatal officer-involved critical incident that occurred involving officers from the Canton Police Department," the Attorney General’s Office told ABC News in a statement.

The Canton Police Department told ABC News they have no further statements due to the open investigation by BCI. However, they did give a statement on April 24, the same day they released the body camera footage.

"The location of the crash, which resulted in the dispatch of Canton police officers, was at the east limits of the city of Canton," police said in part in a statement to ABC News. "Mr. Tyson, the driver of the vehicle, then traveled on foot to the AMVETS establishment located in Canton Township. Prior to officers contacting Mr. Tyson, two 911 calls were made from location to the Stark County Sheriff’s Office Dispatch Center (STARCOM)."

The Stark County Ohio Coroner’s Department did not return ABC News request for a statement regarding Tyson’s cause of death. The local police union did not immediately respond to ABC News' request for a comment.

"The Tyson family will always have my deepest sympathy," Canton Mayor William V. Sherer II told ABC News in a statement. "Although I am unable to speak about Mr. Tyson specifically, given the pending BCI investigation, my team and I have already met with local leaders from the NAACP and the Greater Stark County Urban League. I am committed and confident in our ability to get through this challenging time together as a community."

Copyright © 2024, ABC Audio. All rights reserved.


Trump seeking to fast-track challenge to gag order in his hush money trial

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(NEW YORK) -- Former President Donald Trump is seeking to fast-track a challenge to the constitutionality of the limited gag order imposed on him by the judge overseeing his criminal hush money trial in New York.

Trump's defense team on Wednesday asked an intermediate appeals court to issue a ruling on an expedited basis, or, alternatively, to grant them permission to appeal directly to the state's highest court, the Court of Appeals.

The Appellate Division previously rejected Trump's attempt to pause the trial while he fights the limited gag order, which prohibits Trump from making statements about witnesses, jurors, attorneys, and others associated with the hush money case. It also rejected his attempt to pause enforcement of the gag order.

This time, Trump is taking on the order itself on the grounds that it is unconstitutional, according to sources familiar with the strategy who agreed to speak anonymously because the defense filings are under seal.

The Manhattan district attorney's office filed a response but it, too, is under seal.

A spokesperson for the office declined to comment to ABC News.

Trump has repeatedly attacked the limited gag order imposed by Judge Juan Merchan, claiming his free speech rights are being "unfairly taken" from him.

Judge Merchan has held Trump in criminal contempt over 10 separate remarks or social posts he has made during the trial, which will enter its 14th day on Thursday.

Merchan warned Trump this week that future violations of the gag order could result in jail time.

"It appears that the $1,000 fines are not serving as a deterrent; therefore, going forward, this Court will have to consider a jail sanction if recommended," Merchan said Monday. "Mr. Trump, it's important to understand that the last thing I want to do is to put you in jail. You are the former President of the United States and possibly the next President, as well."

Trump is on trial for allegedly falsifying business records to hide the reimbursement of a hush money payment his then-attorney Michael Cohen made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.

The former president has denied all wrongdoing.

Copyright © 2024, ABC Audio. All rights reserved.


Laken Riley murder suspect indicted on 10 counts in University of Georgia campus slaying

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(ATHENS, Ga.) -- The suspect accused of killing 22-year-old nursing student Laken Riley has been formally indicted on murder and other offenses in connection with the brutal slaying on the University of Georgia campus.

A grand jury indicted Jose Ibarra, 26, with malice murder and felony murder in connection with the death of Riley, who was found dead in a wooded area on the Athens campus on Feb. 22 after she didn't return from a run.

The indictment alleges that Ibarra killed the Augusta University student by "inflicting blunt force trauma to her head and by asphyxiating her" and seriously disfigured her head by striking her "multiple times" with a rock.

Additional charges in the 10-count indictment include aggravated battery, kidnapping with bodily injury, aggravated assault with intent to rape, obstructing or hindering a person making an emergency telephone call and tampering with evidence. The latter charge alleged that he "knowingly concealed" evidence -- a jacket and gloves -- involving the offense of malice murder.

He was also charged with a peeping tom offense. The indictment alleges that on the same day as Riley's murder, he spied through the window of a different person who lived in an apartment on campus.

Ibarra was arrested on Feb. 23 and initially charged with malice murder, felony murder, aggravated battery, aggravated assault, false imprisonment, kidnapping, hindering a 911 call and concealing the death of another. He was denied bond and is being held at the Clarke County Jail.

His attorneys requested a trial by jury in court documents filed in March, Atlanta ABC affiliate WSB reported.

Police have said they do not believe Ibarra -- a migrant from Venezuela -- knew Riley and that this was a "crime of opportunity." Her death has become a rallying cry for immigration reform for many conservatives.


Immigration authorities said Ibarra unlawfully crossed into the United States in 2022. They said he was arrested by New York City police the following year and charged with acting in a manner to injure a child less than 17 and a motor vehicle license violation and was released by the NYPD before a detainer could be issued. The NYPD has said they did not have an arrest on file under the name provided.

Last week, Georgia Gov. Brian Kemp signed a bill into law that requires jailers in the state to check inmates' immigration status. Kemp said the immigration bill "became one of our top priorities following the senseless death of Laken Riley at the hands of someone in this country illegally who had already been arrested even after crossing the border," The Associated Press reported.

Copyright © 2024, ABC Audio. All rights reserved.


Georgia court takes up Trump's appeal of Willis disqualification ruling, likely delaying election case

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(ATLANTA) -- An appeals court in Georgia has agreed to take up former President Donald Trump's appeal of the Fani Willis disqualification ruling that ultimately allowed her to remain on the Georgia election interference case -- a move that could significantly delay the case against the former president.

The Georgia Court of Appeals, in a one-page order, said they would grant the request to review the ruling from Judge Scott McAfee.

Trump and his codefendants now have 10 days to file the appeal.

In a statement, Trump attorney Steve Sadow said, "President Trump looks forward to presenting interlocutory arguments to the Georgia Court of Appeals as to why the case should be dismissed and Fulton County DA Willis should be disqualified for her misconduct in this unjustified, unwarranted political persecution."

The Fulton County DA's office declined to comment to ABC News.

In March, Judge McAfee declined to disqualify Willis, the Fulton County DA, based on allegations that she and prosecutor Nathan Wade conspired to bring the election interference case to enrich themselves with public money.

An attorney for Mike Roman, who first filed the disqualification motion in January, said in a statement to ABC News that they are "very pleased" with the decision and "feel confident" Willis will be disqualified.

"We are very pleased that the Georgia Court of Appeals agreed that this was an issue of such great importance that it required to be heard prior to any trial in this case," Ashleigh Merchant, Roman's attorney, said in the statement. "We feel confident that, when it reviews the clear evidence of conflict in this case, the Court of Appeals will agree with us and disqualify Ms. Willis and her entire office from further prosecution of this matter and require that a neutral prosecutor be appointed to review whether these charges are even appropriate."

Legal experts tell ABC News that while the appeals court's ruling does not automatically pause the interference case, it is very possible the case will be significantly delayed, further reducing the likelihood that there will be a trial in Georgia before the presidential election.

Once the appeal is docketed, said an order from the court on the disqualification issue can take up to six months, experts said. Judge McAfee had vowed to keep the case going during this time, but Trump and his codefendants can now ask for a stay while the appeal works its way through the system.


ABC News contributor and legal expert Chris Timmons said he doubts the case will move forward in the meantime.

"I doubt McAfee is going to try this case while the appeal is pending," Timmons said. "It wouldn't make any sense to try a case when you have the issue of who the prosecutor is going to be."

Trump and 18 others pleaded not guilty last August to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. Four defendants subsequently took plea deals in exchange for agreeing to testify against other defendants.

The former president has blasted the district attorney's investigation as being politically motivated.

Copyright © 2024, ABC Audio. All rights reserved.


Four big takeaways from Day 13 of Trump's hush money trial

Former U.S. President Donald Trump, left, and Todd Blanche, attorney for Trump, at Manhattan criminal court in New York, US, on Tuesday, May 7, 2024. (Win McNamee/Getty Images/Bloomberg via Getty Images)

(NEW YORK) -- Jurors on Tuesday heard a graphic description of the alleged sexual encounter Donald Trump sought to bury ahead of the 2016 presidential election for fear of it torpedoing his campaign. And instead of a tabloid audience, adult film star Stormy Daniels' account on Tuesday had the attention of a jury.

It was the first time Donald Trump and Stormy Daniels had come face-to-face in more than a decade.

Trump is on trial for allegedly falsifying business records to hide the reimbursement of a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 election. The former president has denied all wrongdoing.

Daniels' description of sex, the absence of a condom, and other salacious details prompted repeated objections from attorneys for Trump, often at his urging. His legal team later mounted an unsuccessful bid for a mistrial, citing the "extraordinarily prejudicial" commentary from Daniels.

Under cross-examination, Trump attorney Susan Necheles succeeded in drawing out Daniels' animosity for Trump -- but appeared to fall short of challenging core elements of the case, or even Daniels' recollection of the alleged encounter.

The trial resumes Thursday morning with Daniels returning to the stand.

Here are four takeaways from Day 13 of the trial:

Daniels details alleged sexual encounter with Trump

Stormy Daniels testified in vivid detail on Tuesday about her alleged tryst with Donald Trump nearly two decades ago -- an encounter that Trump continues to deny -- providing jurors with in-depth and at times graphic depictions of her alleged night with the former president.

"At some point did you end up on the bed having sex with him?" prosecutor Susan Hoffinger asked.

"Yes," Daniels said. "I had my clothes and my shoes off. I believe my bra was still on."

"What, if anything, do you remember other than having sex with him?" Hoffinger asked.

"I was staring at the ceiling and didn't know how I got there," Daniels said.

"Do you remember how your clothes got off?" Hoffinger asked.

"No," Daniels said.

"Did you end up having sex with him on the bed?" Hoffinger asked.

"Yes," Daniels said.

"Did you touch his skin?" Hoffinger asked.

"Yes," Daniels said.

"Was he wearing a condom?" Hoffinger asked.

"No," Daniels said.

"Was that concerning to you?" Hoffinger asked.

"Yes," Daniels said.

When it was over, Daniels quoted Trump as saying, "We have to get together again soon." She said he never expressed any concern about his wife Melania finding out.

Trump urges attorneys to raise objections

As Stormy Daniels laid out her explicit recollections of the alleged night in question, Trump repeatedly motioned for his attorney Susan Necheles to intervene.

When her testimony approached the moment the two allegedly became intimate, Trump motioned to Necheles for her to object, which she did. Judge Juan Merchan summoned both parties to the bench and subsequently sustained the objection.

It was one of several moments in which Trump took on his most active engagement so far in the proceedings.

Judge denies motion for mistrial, cites lack of objections

Following Daniels' direct examination, Trump attorney Todd Blanche moved for a mistrial, citing Daniels' "extraordinarily prejudicial" testimony.

"The guardrails by this witness answering questions by the government were just thrown to the side," Blanche said. "How can you un-ring a bell?"

Prosecutors pushed back, arguing that Daniels' testimony was relevant to restore her credibility after defense counsel attacked her in their opening statement.

Ultimately, Judge Merchan sided with the district attorney, saying, "I don't believe we are at the point where a mistrial is warranted" -- and citing, in part, the failure of Trump's legal team to raise more objections during Daniel's testimony.

"There are some things that would have been better left unsaid," Merchan acknowledged, and said the "witness was a little difficult to control." But he ultimately concluded that "there were guardrails in place," and the appropriate remedy was not a mistrial, but cross-examination.

Daniels jousts with Trump's attorney

"You're making this up as you sit here, right?" defense attorney Susan Necheles thundered during a testy cross-examination of Stormy Daniels in which Necheles questioned Daniels' credibility and played up her animosity toward Trump.

During the scathing back-and-forth between the two, Necheles elicited from Daniels that she "hated" Trump and "wanted him to be held accountable."

Judge Merchan stepped in several times to play referee as questioning descended into something more akin to a schoolyard dispute than a high-stakes trial.

Daniels at one point raised her voice when she was shown a tweet of hers that said, "I don't owe him s--- and I'll never give that orange turd a dime."

"That's you calling President Trump names, correct?" Necheles asked.

"In retaliation for him calling me names," Daniels responded.

"You call him names all the time, right?" Necheles asked. "You despise him."

Daniels responded that she was countering the names he called her that the jury previously saw, namely "Horseface" and "Sleazebag."

"Cause he made fun of me first," Daniels said.

The cross-examination will continue when court resumes Thursday morning.

Copyright © 2024, ABC Audio. All rights reserved.


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