prosecutor

ALEXANDRIA, Va. — Former FBI Director James Comey appeared in court on Wednesday, kick-starting a criminal case against him that legal experts say presents significant hurdles for the prosecution and will likely be a challenge for the Justice Department to win.

Comey, who didn’t enter a plea, was indicted in North Carolina on Tuesday on charges of making threats against President Trump related to a photograph he posted on social media last year of seashells arranged in the numbers “86 47.” The Justice Department contends those numbers amounted to a threat against Trump, the 47th president. Comey has said he assumed the numbers reflected a political message, not a call to violence against the Republican president, and removed the post as soon as he saw some people were interpreting it that way.

The indictment is the second against Comey, a longtime adversary of Trump dating back to his time as FBI director, over the past year. The first one, on unrelated false-statement and obstruction charges, was tossed out by a judge last year. Now prosecutors pursuing the threats case face their own challenge of proving that Comey intended to communicate a true threat or at least recklessly discounted the possibility that the statement could be understood as a threat.

The indictment accuses Comey of acting “knowingly and willfully,” but its sparse language offers no support for that assertion. Acting Atty. Gen. Todd Blanche declined to elaborate at a news conference on what evidence of intent the government has. But broad 1st Amendment protections for free speech, Supreme Court precedent and Comey’s public statements indicating that he did not intend to convey a threat will likely impose a tall burden for the government.

“Here, ‘86’ is ambiguous — it doesn’t necessarily threaten violence and the fact that it was the FBI Director posting this openly and notoriously on a public social media site suggests that he didn’t intend to convey a threat of violence,” John Keller, a former senior Justice Department official who led a task force to prosecute violent threats against election workers, wrote in a text message.

The case was charged in the Eastern District of North Carolina, the location of the beach where Comey has said he found the shells. He is set to make his first court appearance Wednesday at the federal courthouse in Alexandria, Va., the state where he lives.

What the law says on threats

The Supreme Court has held that statements are not protected by the 1st Amendment if they meet the legal threshold of a “true threat.”

That requires prosecutors to prove, at a minimum, that a defendant recklessly disregarded the risk that a statement could be perceived as threatening violence. In a 2023 Supreme Court case, the majority held that prosecutors have to show that the “defendant had some subjective understanding of the threatening nature of his statements.”

Meanwhile, the Supreme Court has found that hyperbolic political speech is protected. In a 1969 case, the justices held that a Vietnam War protester did not make a knowing and willful threat against the president when he remarked that “If they ever make me carry a rifle the first man I want to get in my sights is L.B.J,” referring to President Lyndon B. Johnson. The court noted that laughter in the crowd when the protester made the statement, among other things, showed it wasn’t a serious threat of violence.

Regarding the current case, Merriam-Webster, the dictionary used by the Associated Press, says 86 is slang meaning “to throw out,” “to get rid of” or “to refuse service to.” It notes: “Among the most recent senses adopted is a logical extension of the previous ones, with the meaning of ‘to kill.’ We do not enter this sense, due to its relative recency and sparseness of use.”

Comey deleted the post shortly after it was made, writing: “I didn’t realize some folks associate those numbers with violence” and “I oppose violence of any kind so I took the post down.”

What the government will try to prove

John Fishwick, a former U.S. attorney in the Western District of Virginia, said the government will likely try to prove that Comey should have known better as a former FBI director.

“I think they’re going to try to circumstantially say that you were head of the FBI, you knew what these terms meant and you said them out to the whole world as a threat to the president,” Fishwick said, though he noted that such an argument would be challenging in light of Comey’s obvious 1st Amendment defenses.

Comey was voluntarily interviewed by the Secret Service last year, and the fact that he was not charged with making a false statement suggests that prosecutors do not have evidence that he lied to agents, Fishwick said.

Jonathan Turley, a George Washington University law professor, wrote in an opinion piece published Tuesday that “despite being one of Comey’s longest critics, the indictment raises troubling free speech issues. In the end, it must be the Constitution, not Comey, that drives the analysis and this indictment is unlikely to withstand constitutional scrutiny.”

“If it did,” he added, “it would allow the government to criminalize a huge swath of political speech in the United States.”

Tucker, Richer and Kunzelman write for the Associated Press. Kunzelman reported from Alexandria, Va.

WIENER NEUSTADT, Austria — A man accused of pledging allegiance to the Islamic State group and plotting to attack one of superstar singer Taylor Swift’s concerts in Vienna nearly two years ago pleaded guilty as his trial began on Tuesday, his lawyer said.

The plot was thwarted, but Austrian authorities still canceled Swift’s three performances in August 2024. The singer’s fans, known as Swifties, who had flown to Austria from across the globe to attend a performance of her record-setting Eras Tour were devastated, but rallied to turn Vienna into a citywide trading post for friendship bracelets and singalongs.

The defendant, a 21-year-old Austrian citizen known only as Beran A. in line with Austrian privacy rules, faced charges including terrorist offenses and membership in a terrorist organization. He could be sentenced to up to 20 years in prison, and has been in custody since August 2024.

The Vienna plot drew comparisons to a 2017 attack by a suicide bomber at an Ariana Grande concert in Manchester, England, that killed 22 people. The bomb detonated at the end of Grande’s concert as thousands of young fans were leaving, becoming the deadliest extremist attack in the United Kingdom in recent years.

Defendant regrets his actions

Anna Mair, his defense attorney, said her client pleaded guilty to the charges related to the concert plot.

“Of course, he deeply regrets it all,” Mair said outside the court, adding that “he says it was the biggest mistake of his life.”

Austrian media reported that he also pleaded guilty to being a member of a terrorist organization.

Beran A. is facing trial alongside Arda K., whose full name also has not been made public. They, along with a third man, planned to carry out simultaneous attacks in Saudi Arabia, Turkey and the United Arab Emirates during Ramadan in 2024 in the name of the Islamic State group. Beran A. and Arda K. never carried out their attacks.

Only Beran A. was charged in connection with the concert plot. He pleaded not guilty to the charges related to the plot for simultaneous attacks.

He allegedly planned to target onlookers gathered outside Ernst Happel Stadium — up to 30,000 each night, with another 65,000 inside the venue — with knives or homemade explosives. The suspect hoped to “kill as many people as possible,” authorities said in 2024. The U.S. provided intelligence that fed into the decision to cancel the concerts.

Beran A. also allegedly networked with other members of the Islamic State group ahead of the planned attack. Prosecutors say they discussed purchasing weapons and making bombs, and that the defendant also sought to illegally buy weapons in the days ahead of the performance. In addition, he swore allegiance to the militant group.

Authorities searched his apartment on Aug. 7, 2024, and found bomb-making materials. The concerts were scheduled to begin the next day.

“Having our Vienna shows canceled was devastating,” Swift wrote in a statement posted to Instagram two weeks later. “The reason for the cancellations filled me with a new sense of fear, and a tremendous amount of guilt because so many people had planned on coming to those shows.”

A representative for Swift did not immediately return a request for comment Tuesday.

The trial is being held in Wiener Neustadt, about an hour south of Vienna. The proceedings are set to continue May 12.

Three attacks planned in Saudi Arabia, Turkey and UAE

Prosecutors have also filed terrorism-related charges against Arda K. in the trial in connection with the plan for simultaneous attacks in Saudi Arabia, Turkey and the United Arab Emirates.

The third man in that plot, Hasan E., allegedly stabbed a security guard with a knife at the Grand Mosque in Mecca, Saudi Arabia, on March 11, 2024. He was arrested and remains in pretrial detention in Saudi Arabia, Austrian prosecutors said.

Beran A. and Arda K. did not carry out their plans in Turkey and the UAE. Beran A. returned to Vienna and then allegedly began plotting to attack a Swift concert there.

Jenne, Schrader and Dazio write for the Associated Press. Dazio reported from Berlin. AP writer Daniel Niemann in Cologne, Germany, contributed to this report.

More than 20 years after Jam Master Jay of Run-DMC was shot to death in a New York recording studio, a man admitted to his role in the killing.

Jay Bryant, 52, pleaded guilty to a federal murder charge, telling U.S. Magistrate Judge Peggy Cross-Goldenberg that he helped others gain access to the building where the hip-hop icon, born Jason Mizell, was shot in 2002.

“I knew a gun was going to be used to shoot Jason Mizell,” Bryant told the judge, per the Associated Press. “I knew that what I was doing was wrong and a crime.”

Bryant didn’t name the people he helped, but in 2024, Karl Jordan Jr. and Ronald Washington were convicted of Mizell’s murder in a case that prosecutors had been working for decades.

“Y’all just killed two innocent people,” Washington yelled at the jury at the time of the verdict.

Jordan Jr., Mizell’s godson, won an appeal last year to overturn his conviction, with a judge finding that the prosecutors’ case against him didn’t add up. The judge said the evidence didn’t support the contention that he was motivated by anger after he was cut out of a $200,000 drug deal. Earlier this month, U.S. District Judge LaShann DeArcy approved Jordan Jr.’s $1-million bond package.

Washington has challenged his conviction as well.

According to Courthouse News, prosecutors claimed that Washington and Jordan both confessed to the murder, based on witness testimony that both men discussed being involved in Mizell’s shooting while they were in prison.

As for Bryant’s role in the murder, his uncle Raymond Bryant testified in 2024 that his nephew confessed to killing Mizell, saying he “did it.”

Additionally, a hat with Bryant’s DNA that law enforcement officers found in the recording studio placed Bryant at the scene of the crime.

Bryant told the court Monday that he was in cahoots with people who were wrapped up in a drug deal with the DJ and that he played a part in the killing by helping them gain entry to the recording studio. According to the Associated Press, Bryant flashed a thumbs up to a person in the courtroom before leaving.

Bryant faces 15 to 20 years in prison for his role in the murder, as well as separate narcotics trafficking and firearms charges to which he already pleaded guilty.

“More than two decades after the cold-blooded, execution-style killing of Mr. Mizell, an exhaustive investigation revealed Bryant’s role and today he finally admitted his guilt,” stated U.S. Atty. Joseph Nocella in a news release.

“Justice in the murder of Jam Master Jay has been pursued with determination and resolve for more than two decades. The defendant’s role in facilitating access for the killers was integral to this crime,” added Bryan DiGirolamo, special agent in charge for ATF New York field division.

Although Mizell’s public persona as the “master of the disco scratch” promoted the wholesome side of hip-hop and encouraged a drug-free lifestyle, officials said he turned to dealing after the group’s heyday had come and gone. According to prosecutors, Mizell became involved in arranging the sale of kilogram-size quantities of cocaine.

In August 2002, Mizell was fronted 10 kilos of cocaine from a supplier. Prosecutors alleged that Jordan Jr. and Washington planned to deal the drugs in Maryland, but a dispute led to the men being cut out of the $200,000 deal.

On Oct. 30, 2002, Mizell was playing video games with a friend inside his Queens, N.Y., recording studio, 24/7. According to prosecutors, around 7:30 p.m., Bryant entered the building containing the recording studio and opened a locked fire escape exit door to allow others to slip in without being seen by Mizell.

Two shots were fired and Mizell was hit once in the head, killing him. The second shot struck another individual in the leg.

A cellphone belonging to David Anthony Burke, better known as the singer D4vd, contained “a significant amount of child pornography,” a prosecutor said in court Thursday morning.

Los Angeles County Deputy Dist. Atty. Beth Silverman made the claim during a court proceeding to schedule a preliminary hearing on murder charges in the killing of 14-year-old Celeste Rivas Hernandez. The images were uncovered as part of a broad series of search warrants executed on Burke’s phone and iCloud account, Silverman said.

Burke’s attorneys have insisted he is innocent and are demanding his preliminary hearing begin next week, meaning evidence in the closely followed case could become public as soon as May 1. He appeared in court Thursday in an orange jail jumpsuit and walked into court with his hands in his pockets.

A status hearing was set for April 29. Silverman and a district attorney’s office spokesperson declined to comment outside the courtroom. The singer’s attorney, Blair Berk, also declined to comment.

The D.A.’s office spokesperson declined to say if the child sex abuse material allegedly found on Burke’s phone was related to Hernandez or another victim.

Burke was arrested by Los Angeles police last week and charged Monday with murder, continuous sexual abuse of a child and corpse mutilation, according to a criminal complaint. He has pleaded not guilty.

Defendants have a right to have a preliminary hearing, in which a judge determines whether prosecutors have enough evidence to bring a case to trial, within 10 business days. But Berk’s push to move quickly is unorthodox. She has publicly grilled Silverman about needing access to more discovery materials, and the medical examiner’s report detailing how Hernandez died was not made public until Wednesday.

Joshua Ritter, a former L.A. County prosecutor, said Berk was playing a “hell of a game of chicken” but she may be aiming to pressure test the prosecution’s case.

“The defense might want to put the D.A. on their heels if they feel for some reason there was a rush to make an arrest. But this case is nearly the opposite of that,” he said. “They’ve had more than adequate time … this does not seem like a situation where the D.A. made a hasty decision to file.”

Silverman said police amassed “40 terabytes” of digital evidence in the case, which has made uploading and transmitting materials to the defense difficult. Silverman also said police had conducted a wiretap operation in the case, but did not disclose the nature of it. The veteran prosecutor said even she had “not received anything” related to that operation.

She also confirmed prosecutors convened three secret grand jury hearings after Hernandez’s death — two in November and December in 2025 and one in February. Those were investigative grand jury hearings, meaning prosecutors could use them to enshrine testimony against Burke, but could not use the proceedings to secure an indictment against Burke. Transcripts from all three hearings will also need to be unsealed.

L.A. County Superior Court Judge Charlaine Olmedo also warned Berk that if she does push for the immediate preliminary hearing, she may not have access to the entire compendium of evidence before May 1.

Ritter also mused that Burke could be pushing his attorneys to fight the case without delay. Beyond that, he said, the approach “makes no sense.”

“The defense is seven months behind the eight ball on this. They not only have the grand jury transcripts to catch up on but who knows what kind of digital forensics and wiretaps and everything else,” he said.

Silverman also seems intent on bringing the case to trial as soon as possible. Silverman noted Thursday marked the one-year anniversary of the date prosecutors believe Hernandez was killed, and said she intended to put the case before a jury within 60 days of the completion of a preliminary hearing.

The singer allegedly began sexually abusing Hernandez in September 2023, when she was just 13. Burke’s attorneys have said the case cannot stand up to scrutiny and pushed for the immediate preliminary hearing.

Hernandez was reported missing from her family’s Lake Elsinore neighborhood three times in 2024, and she was spotted at some of D4vd’s concerts during that time frame.

Prosecutors allege Hernandez was last seen at Burke’s Hollywood Hills residence on April 23. She “threatened to expose his criminal conduct and devastate his musical career,” according to L.A. County Dist. Atty. Nathan Hochman, though the prosecutor has not answered questions about whether Hernandez was going to report Burke to police.

Burke surged in popularity after one of his tracks was included in the wildly popular video game “Fortnite,” and he has also collaborated with artists like 21 Savage. He was beginning to tour in support of his debut album, “Withered,” when reports surfaced linking him to Hernandez’s death. He quickly canceled all shows.

The details of the crime echoed some of the violent imagery associated with Burke’s songs. The Queens-born vocalist has appeared in a music video filled with violent imagery: a young woman with an apparent chest wound lies on a bed as the singer hovers over her, blindfolded, his white shirt spattered with blood. In another video, “One More Dance,” D4vd drags a person — who bears the singer’s likeness — to a car, where a couple stuffs the person into the trunk.

Hernandez’s badly decomposed body was found in the trunk of a Tesla at a Hollywood tow yard last September. An autopsy report made public this week revealed she died from a pair of stab wounds to the chest and abdomen. When police arrived on the scene, they found Hernandez’s body was “dismembered” and two of her fingers had been amputated, according to the medical examiner’s report.

Prosecutors charged Burke with murder with special circumstances, including allegations that Hernandez was a witness to a crime — her own sexual abuse — and that Burke killed her for financial gain to protect his ascendant music career. If convicted as charged, he faces life in prison without the possibility of parole or the death penalty. Prosecutors have yet to decide if they will seek capital punishment in the case.

On March 28, a sunny Saturday in southwestern Utah, Jack Hoopes and his wife, Lorna, brought their homemade signs to the local “No Kings” rally.

The couple joined a crowd of 1,500 or so marching through the main picnic area of a park in downtown St. George. Their signs — cut-out words on a black background — chided lawmakers for failing to stand up to President Trump and urged America to “make lying wrong again.”

After about an hour, the two were ready to go home. They got in their silver Volvo SUV, but before pulling away, Jack Hoopes decided to swing past the demonstration, which was still going strong. He tooted his horn, twice, in a show of solidarity.

That’s when things took a curious turn.

A police officer parked in the middle of the street warned Hoopes not to honk; at least that’s what he thinks the officer said as Hoopes drove past the chanting crowd. When he spotted two familiar faces, Hoopes hit the horn a third time — a friendly, howdy sort of honk. “It wasn’t like I was being obnoxious,” he said, “or laying on the horn.”

Hoopes turned a corner and the cop, lights flashing, pulled him over. He asked Hoopes for his license and registration. He returned a few moments later. A passing car sounded its horn. “Are you going to stop him, too?” Hoopes asked.

That did not sit well. The officer said he’d planned to let Hoopes off with a warning. Instead, he charged the 71-year-old retired potato farmer with violating Utah’s law on horns and warning devices. He issued a citation, with a fine punishable up to $50.

Hoopes — a law school graduate and prosecutor in the days before he took up potato farming — is fighting back, even though he estimates the legal skirmishing could cost him considerably more than the maximum fine. The ticket might have resulted from pique on the officer’s part. But Hoopes doesn’t think so. He sees politics at play.

“I’ve beeped my horn for [the pro-law enforcement] Back the Blue. I’ve beeped my horn for Black Lives Matter,” Hoopes said. “I’ve seen a lot of people honk for Trump and for MAGA.”

He’s also seen plenty of times when people honked their horns to celebrate high school championships and the like.

But Hoopes has never heard of anyone being pulled over, much less ticketed, for excessive or unlawful honking. “I think it’s freedom of expression,” he said.

Or should be.

Jack and Lorna Hoopes made their own protest signs to bring to the “No Kings” rally in St. George, Utah.

(Mikayla Whitmore / For The Times)

St. George is a fast-growing community of about 100,000 residents set amid the jagged red-rock peaks of the Mojave Desert. It’s a jumping-off point for Zion National Park, about 40 miles east, and a mecca for golf, hiking and mountain-bike riding.

It’s also Trump Country.

Washington County, where St. George is located, gave Trump 75% of its vote in 2024, with Kamala Harris winning a scant 23%. That emphatic showing compares with Trump’s 59% performance statewide.

St. George is where Hoopes and his wife live most of the time. When summer and its 100-degree temperatures hit, they retreat to southeast Idaho. The couple get along well with their neighbors in both places, Hoopes said, even though they’re Democrats living in ruby-red country. It’s not as though they just tolerate folks, or hold their noses to get by.

“Most of my friends are conservative,” Hoopes said. “Some of the Trump people are very good people. We just have a difference of opinion where our country is going.”

He was speaking from a hotel parking lot in Arizona near Lake Havasu while embarked on an annual motorcycle ride through the Southwest: four days, a dozen riders, 1,200 miles. Most of his companions are Trump supporters, Hoopes said, and, just like back home, everyone gets on fine.

“Right?” he called out.

“No!” a voice hollered back.

Actually, Hoopes joked, his charitable road mates let him ride along because they consider him handicapped — his disability being his political ideology.

Hoopes is not exactly a hellion. In 2014, he and his wife traveled to Africa to participate in humanitarian work and promote sustainable agriculture in Kenya and Uganda. In 2020, they worked as Red Cross volunteers helping wildfire victims in Northern California.

Virtually his entire life has been spent on the right side of the law, though Hoopes allowed as how he has racked up a few speeding tickets over the years. (His career as a prosecutor lasted four years and involved three murder cases in the first 12 months before he left the legal profession behind and took up farming.)

He’s never had any problems with the police in St. George. “They seem to be decent,” Hoopes said.

A department spokesperson, Tiffany Mitchell, said illicit honking is not a widespread problem in the placid, retiree-heavy community, but there are some who have been cited for violations. She denied any political motivation in Hoopes’ case.

“He must’ve felt justified,” Mitchell said of the officer who issued the citation. “I can’t imagine that politics had anything to do with it.”

And yes, she said, honking a horn can be a political statement protected by the 1st Amendment. “But, just like anything else, it can turn criminal,” Mitchell said, and apparently that’s how the officer felt on March 28 “and that’s the direction he took it.”

The matter now rests before a judge, residing in a legal system that has lately been tested and twisted in remarkable ways.

Jack Hoopes’ case is now before a judge in St. George, Utah.

(Mikayla Whitmore / For The Times)

As he left an initial hearing earlier this month, Hoopes said his phone pinged with a fresh headline out of Washington. Trump’s Justice Department, it was reported, was asking a federal appeals court to throw out the convictions of 12 people found guilty of seditious conspiracy for their roles in the Jan. 6, 2021, insurrection.

“We have a president that pardons people that broke into the Capitol and defecated” in the hallways and congressional offices, Hoopes said. “Police officers died because of it, and yet I get picked up for honking my horn?”

Hoopes’ next court appearance, a pretrial conference, is set for July 15.

Nearly two years after actor Alec Baldwin was cleared of criminal charges in the “Rust” movie shooting death, a long simmering civil negligence case is inching toward a trial this fall.

On Friday, a Los Angeles Superior Court judge denied a summary judgment motion requested by the film producers Rust Movie Productions LLC, as well as actor-producer Baldwin and his firm El Dorado Pictures to dismiss the case.

During a hearing, Superior Court Judge Maurice Leiter set an Oct. 12 trial date.

The negligence suit was brought more than four years ago by Serge Svetnoy, who served as the chief lighting technician on the problem-plagued western film. Svetnoy was close friends with cinematographer Halyna Hutchins and held her in his arms as she lay dying on the floor of the New Mexico movie set. Baldwin’s firearm had discharged, launching a .45 caliber bullet, which struck and killed her.

The Bonanza Creek Ranch in Santa Fe, N.M. in 2021.

(Jae C. Hong / Associated Press)

Svetnoy was the first crew member of the ill-fated western to bring a lawsuit against the producers, alleging they were negligent in Hutchins’ October 2021 death. He maintains he has suffered trauma in the years since. In addition to negligence, his lawsuit also accuses the producers of intentional infliction of emotional distress.

Prosecutors dropped criminal charges against Baldwin, who has long maintained he was not responsible for Hutchins’ death.

“We are pleased with the Court’s decision denying the motions for summary judgment filed by Rust Movie Productions and Mr. Baldwin,” lawyers Gary Dordick and John Upton, who represent Svetnoy, said in a statement following the hearing. “He looks forward to finally having his day in court on this long-pending matter.”

The judge denied the defendants’ request to dismiss the negligence, emotional distress and punitive damages claims. One count directed at Baldwin, alleging assault, was dropped.

Svetnoy has said the bullet whizzed past his head and “narrowly missed him,” according to the gaffer’s suit.

Attorneys representing Baldwin and the producers were not immediately available for comment.

Svetnoy and Hutchins had been friends for more than five years and worked together on nine film productions. Both were immigrants from Ukraine, and they spent holidays together with their families.

On Oct. 21, 2021, he was helping prepare for an afternoon of filming in a wooden church on Bonanza Creek Ranch. Hutchins was conversing with Baldwin to set up a camera angle that Hutchins wanted to depict: a close-up image of the barrel of Baldwin’s revolver.

The day had been chaotic because Hutchins’ union camera crew had walked off the set to protest the lack of nearby housing and previous alleged safety violations with the firearms on the set.

Instead of postponing filming to resolve the labor dispute, producers pushed forward, crew members alleged.

New Mexico prosecutors prevailed in a criminal case against the armorer, Hannah Gutierrez, in March 2024. She served more than a year in a state women’s prison for her involuntary manslaughter conviction before being released last year.

Baldwin faced a similar charge, but the case against him unraveled spectacularly.

On the second day of his July 2024 trial, his criminal defense attorneys — Luke Nikas and Alex Spiro — presented evidence that prosecutors and sheriff’s deputies withheld evidence that may have helped his defense . The judge was furious, setting Baldwin free.

Variety first reported on Friday’s court action.

MINNEAPOLIS — An ICE agent is charged with assault for allegedly pointing his gun at people in a car while driving on a Minneapolis highway, prosecutors in Minnesota said Thursday.

An arrest warrant in Hennepin County, which includes Minneapolis, says Gregory Donnell Morgan Jr. is charged with two counts of second-degree aggravated assault. The warrant says Morgan was working as an Immigration and Customs Enforcement officer in the Minneapolis area on Feb. 5 when he pointed a gun at the occupants of a vehicle on Minnesota State Highway 62.

Hennepin County Atty. Mary Moriarty said she believes it is the first criminal case brought against a federal immigration officer involved in the Trump administration’s crackdown on immigration enforcement that surged federal authorities into cities including Los Angeles, Chicago, Portland and New Orleans.

Department of Homeland Security and Justice Department officials didn’t immediately respond to emails seeking comment. The Associated Press called a number associated with Morgan and sent a message to his possible email address but did not receive any immediate response.

Moriarty said during a news conference that Morgan was driving a rented, unmarked SUV on the shoulder of the highway when a car on the road moved into the shoulder to try to slow Morgan down, not knowing he was a federal officer. After the car returned into the legal lane, Morgan pulled up alongside and pointed his service weapon at the people in the car.

Morgan, 35, and his partner, who was not charged, were on their way to the federal building to end their shift when they were caught in traffic. Charging documents note Morgan did not say the incident occurred during an enforcement action.

According to the charging documents, Morgan told a Minnesota State Patrol officer that he pulled up alongside the victim’s vehicle, drew his firearm and yelled “Police Stop.” The warrant says the victims couldn’t hear him because their windows were up.

Morgan is charged with two counts of assault because he threatened both people in the vehicle, and there is a warrant out for his arrest, Moriarty said.

The charges could intensify a clash between the Trump administration and Minnesota officials over the crackdown. Todd Blanche, the acting attorney general, has warned that the Justice Department could investigate and prosecute state or local officials who arrest federal agents for performing their official duties.

Moriarty said she is not concerned about blowback from the Trump administration and that her office’s goal is to “hold people accountable if they violate the laws of the state,” she said.

She said Morgan’s actions were beyond the scope of a federal officers’ authority.

“There is no such thing as absolute immunity for federal agents who violate the law in the state of Minnesota,” she said.

In Minnesota, felony second-degree assault is punishable by up to seven years in prison, or up to 10 years imprisonment if the assault inflicted “substantial bodily harm.”

The Department of Homeland Security deployed about 3,000 federal officers to the Minneapolis-St. Paul area from December through February in what the agency called its “largest immigration enforcement operation ever.” The Minnesota operation led to thousands of arrests, angry mass protests and the fatal shootings of two U.S. citizens.

Backlash over the aggressive tactics mounted, and two of the crackdown’s most high-profile leaders were soon gone. Trump fired Homeland Security Secretary Kristi Noem in March shortly after the Minnesota surge ended. That same month, Gregory Bovino, the Border Patrol sector chief who led immigration operations in several large cities, announced his retirement.

In a letter to California officials last year, then-Deputy Atty. Gen. Blanche wrote that “the Justice Department views any arrests of federal agents and officers in the performance of their official duties as both illegal and futile.”

“Numerous federal laws prohibit interfering with and impeding immigration or other law-enforcement operations,” Blanche wrote. “The Department of Justice will investigate and prosecute any state or local official who violates these federal statutes (or directs or conspires with others to violate them).”

Sullivan and Bynum write for the Associated Press. Bynum reported from Savannah, Ga. AP reporter Alanna Durkin Richer in Washington, contributed to this report.

WASHINGTON — Federal prosecutors made an unannounced visit this week to a construction site at Federal Reserve headquarters that is the focus of an investigation into a $2.5-billion renovation project, according to two people familiar with the visit.

Two prosecutors and an investigator from U.S. Atty. Jeanine Pirro’s office were turned away on Tuesday by a building contractor and referred to Fed attorneys, one of the people said. The two people familiar with the visit spoke on condition of anonymity because they weren’t authorized to publicly discuss an ongoing investigation.

The visit underscores that the Trump administration is not backing down from its investigation of the Fed and its chair, Jerome Powell, even though the probe has delayed the confirmation of a new chair nominated by President Trump. The investigation is focused on cost overruns and brief testimony about the project last summer by Powell. Trump confirmed in an interview that aired Wednesday on Fox Business that he wants to continue the probe.

Last month, during a closed-door hearing before a federal judge, a top deputy from Pirro’s office conceded that they hadn’t found any evidence of a crime in their investigation of the headquarters project.

Robert Hur, an attorney for the Federal Reserve board of governors, sent an email to Pirro’s prosecutors about their visit and their request for a “tour” to “check on progress” at the construction site. Hur’s email, which the Associated Press has viewed, noted that U.S. District Judge James Boasberg concluded that their interest in the Federal Reserve’s renovation project was “pretextual.”

“Should you wish to challenge that finding, the courts provide an avenue for you; it is not appropriate for you to try to circumvent it,” Hur wrote.

Republican Tillis is key vote

Sen. Thom Tillis, a North Carolina Republican who is a key member of the Senate Banking Committee, has vowed to vote against Kevin Warsh, Trump’s nominee to replace Powell as Fed chair, until the investigation is dropped. With the committee closely divided on partisan lines, Tillis’ opposition is enough to block Warsh.

The Banking panel said Tuesday that it will hold a hearing on Warsh’s nomination April 21. Powell’s term as Fed chair ends May 15, but Powell said last month he would remain as chair until a replacement is named.

Powell is serving a separate term as a member of the Fed’s governing board that lasts until January 2028. Chairs typically leave their posts as governor when their terms as chair end, but they can remain on the board if they choose.

Last month, Powell said, “I have no intention of leaving the Board until the investigation is well and truly over, with transparency and finality.” If he remains in his seat, even after Warsh is confirmed, it would deny Trump the oppotunity to fill a seat on the seven-member board.

Late Tuesday, Tillis posted a link on social media to the Wall Street Journal’s article on the visit below an image of the Three Stooges and wrote, “The U.S. Attorney’s Office for D.C. at the crime scene.”

Investigation centers on building renovations

The investigation by Pirro’s office centers on an appearance by Powell before the Senate Banking Committee last June, when he was asked about cost overruns on the Fed’s extensive building renovations. The most recent estimates from the Fed suggest the current estimated cost of $2.5 billion is about $600 million higher than a 2022 estimate of $1.9 billion.

“It is probably corrupt, but what it really is, is incompetent,” Trump said on Fox Business. “Don’t you think we have to find out what happened there?”

The president’s support for the investigation threatens a time frame set out by Sen. Tim Scott, a South Carolina Republican who chairs the Banking Committee. Scott said Tuesday on Fox Business that he believed the investigation would be “wrapped up in the next few weeks,” allowing Warsh to be confirmed soon after.

Threat to fire Powell

News of the unannounced visit by prosecutors comes as Trump has again threatened to fire Powell, if the Federal Reserve chair decides to stay on the central bank’s governing board after his term as chair expires next month.

“Well then I’ll have to fire him, OK?” Trump said when reminded that Powell has said he won’t leave the Fed while the Justice Department investigates a $2.5-billion renovation project at the bank. Powell has also said he will remain as chair of the Fed’s rate-setting committee until a replacement is confirmed by the Senate, following the precedent of previous chairs.

Trump has for months wanted to remove Powell as chair of the Fed, saying he has been too slow in orchestrating interest rate cuts that would give the U.S. economy a quick boost. Powell has said the investigation is a pretext to undermine the Fed’s independence to set rates.

Supreme Court weighing another Trump removal

Trump’s threat to fire Powell comes as the Supreme Court is weighing the president’s effort to remove another central bank governor, Lisa Cook. Lower courts have so far allowed Cook to remain in her job while her legal challenge to the firing continues. The Supreme Court also seemed likely to keep her on the Fed when the court heard arguments in January. A decision could come any time.

The issue in Cook’s case is whether allegations of mortgage fraud, which she has denied, is a sufficient reason to fire her or a mere pretext masking Trump’s desire to exert more control over U.S. interest rate policy.

The Supreme Court has allowed the firings of the heads of other governmental agencies at the president’s discretion, with no claim that they did anything wrong, while also signaling that it is approaching the independence of the nation’s central bank more cautiously, calling the Fed “a uniquely structured, quasi-private entity.”

Kunzelman and Rugaber write for the Associated Press. AP Writer Mark Sherman contributed to this report.

A day after the chavista-controlled National Assembly gave the cold shoulder to Magaly Vásquez, and confirmed Larry Devoe as Attorney General, I spent the day going through the latter’s public record as a “Venezuela agent” in multilateral spaces.

It was a shocking way to spend a Friday afternoon. What was I expecting? Back in 2014, Devoe was handed the so-called Human Rights Council just as Venezuela was about to spiral into a multi-dimensional crisis. Súper Bigote seemingly set three tasks in the international arena:

Find excuses and someone to blame for the disaster that was about to unfold, by casting the chavista government as the victim.

No matter how bad the humanitarian situation can get and the extent to which social indicators were reversed, insist that Chávez lifted millions out of poverty forever. 

Every time other diplomats, foreign officials or humanitarian personnel showed details and data that showed a dire country, answering that Venezuela was sovereign and democratic and no one needed to meddle with our own mess.

Devoe was one of the three main bureaucrats that defined such diplomatic chavista wisdom in those days. These three had fancy degrees from European schools, and were clever enough to fabricate a good headline amidst pervasive criticism. Besides Devoe, there was a lady called Delcy Rodríguez, disgraced in the late-Chávez years but handed the Information Ministry soon after el comandante passed, with studies from London’s Birkbeck University and Paris Nanterre University. There was also Bernardo Álvarez, Maduro’s representative in the OAS who had been the man in Washington when Chavez’s beef with Bush reached peak levels.

Soon after they started to defend Maduro in Venezuela and abroad, the international perception about his regime suffered a deep setback. In July 2016, dozens of Venezuelan NGOs addressed Ban Ki-moon complaining about the behavior of UN agencies in reaction to the country’s humanitarian situation. The letter was based on a report that covered plummeting indicators in the previous four years (measuring institutional quality, human rights and the conditions of vulnerable groups). On August 10, the South Korean secretary general said Venezuela was undergoing a humanitarian emergency, quoting that very report.

In 2016, Devoe said an opposition-drafted amnesty law was a “serious threat” to human rights.

Rodríguez, Álvarez and Devoe had work to do. Footage of Delcy denying the humanitarian crisis in June 2016 (did so again in 2018 before the UNHCR) has circulated in recent days, but it was actually Álvarez who first established the regime’s position. In an IACHR human rights hearing that featured the likes of Alfredo Romero, Carlos Correa, Rafael Uzcategui, Liliana Ortega and other prominent human rights defenders—many of which the newly minted prosecutor will have to deal with— , Álvarez said: “It’s not a humanitarian crisis, that has a political intentionality.”

A 43-year-old UCAB lawyer, with human rights studies from the iconic Alcalá de Henares University, sat next to Álvarez and in front of Romero et al. He was Larry Devoe, and came with the goods in his turn to speak, praising the “23,146 health centers across the territory, a 333% in terms of infrastructure” that Maduro had inherited by 2015.

He made another remark that day that now sounds like a prescient spell. Back then, the opposition-led parliament approved an amnesty bill aimed at 82 political prisoners held in Venezuela. Devoe said its contents were a “serious threat” to human rights with the allegation that the bill pardoned international crimes like the use of minors to commit crimes, drug trafficking, terrorism and corruption.

Whataboutism at its best

Devoe would use that technique several times after. In October 2018, he was invited as a conference speaker in the Autonomous University of Santo Domingo to discuss OAS’ record in defending human rights in the region. His lecture’s talking points: Venezuela became “the theater of operations of OAS and US actions” and the OAS whitewashed the pre-Chávez regime. Before that, he showed up in a local TV program, El Matinal, where interviewer Pablo McKinney tried to make him feel at ease by introducing the brotherly ties between Dominicans and Venezuelans. Devoe started speaking of Venezuela’s all-round, positive transformation since 1999 in terms of human rights. When McKinney raised his eyebrows, Devoe claimed Venezuela had one of the best social security programs in the Americas, but the nation was under MECANISMOS DE AGRESIÓN since 2013.

Devoe kept going. Chavez had ended illiteracy and handed out two million homes, and so goes that famous song. Unconvinced by the explanation, McKinney said he couldn’t bear Venezuelans wandering the streets of his city. Es demasiado grave, to which Devoe replied that Maduro was getting the Allende treatment, and that Venezuelan migrants were returning home from Colombia and the DR because of the treatment they got in those countries.

Is this surprising?

Not really. That was the standard rhetoric wielded by chavista diplomats, or Cuban officials since the 1960s, which Devoe also liked to quote. That doesn’t exempt Devoe from being a cold liar that now heads one of Venezuela’s most important institutions. He’s still good for Delcy, as he was good for the three tasks that I listed several paragraphs ago. 

Devoe could not acknowledge the humanitarian crisis in public. It was too embarrassing. It would give credibility to widespread reports about malnutrition, tropical diseases and growing maternal mortality rates.

The videos show how Devoe reacts to well-documented accusations to “defend the country” and conceal responsibility. Take for instance this occasion in 2018, two years after Ban Ki Moon’s now-historic statement, where Devoe addressed Venezuelan experts in the Inter American Commission on Human Rights. He admits the scarcity of medical supplies, but attributes its cause to “sanctions and economic blockades” (sectoral sanctions then in place affected Venezuelan credit). When asked about Maduro’s public refusal to accept humanitarian assistance, Devoe said:

“Commissioner, Venezuela has the capacity to buy and provide the resources to guarantee the rights of its population.”

A kidney transplant patient, Francisco Valencia, interrupted Devoe to tell him he had not received medical treatment for six months. “I am dying.” Devoe replied: “Well Francisco, I ask you to leave this room and ask Euroclear to unfreeze the 1,650 million dollars that would let us buy your treatment.”

The problem with that statement is not only Devoe’s audacity in talking back to a helpless patient. Venezuelan humanitarian organizations were, at that point, getting resources because of international cooperation. That cooperation was, to an extent, greenlighted by the Venezuelan State. ECHO, Caritas International, the Red Cross, the International Rescue Committee and others were already in the country, liaising with local groups.

Like Maduro and Delcy, Devoe could not acknowledge it. It was too embarrassing. It would give credibility to reports that maternal mortality grew 90% between 2016 and 2017, of 11.4% of acute malnutrition among kids under 5 years old, and claims that the government was hiding data on spikes of tuberculosis, diphtheria and malaria.

Hard Left roots?

It recently emerged that Larry Devoe is the maternal grandson of Pompeyo Márquez, who had been a communist militant during Betancourt and Leoni’s war against Cuba-funded guerrillas. Márquez later joined the party system with Movimiento Al Socialismo (MAS) through Caldera’s pacification process. He broke with Chávez when MAS endorsed his 1998 candidacy, and spent his final years opposing chavismo from within the Left.

On that shocking Friday afternoon, I also came upon a book about Venezuelan universities in the second half of the 20^th century. One chapter speaks about the political climate in Caracas’ Universidad Central in the 1970s. It mentions a Larry Devoe in the youth ranks of MAS, which clashed with the Leftwing Revolutionary Movement (MIR)—where Jorge Antonio Rodríguez, father of Jorge and Delcy, was a student leader—on campus and in student council elections. (At this point, everyone knows the fate of Jorge Rodríguez padre, murdered in the custody of DISIP in 1976 after the kidnapping of William Niehous).

Albeit rivals in the halls of UCV, it seems like the fathers of Larry Devoe and the Rodríguez siblings were part of the same political community 50 years ago. There’s a chance the new prosecutor general, born after the killing of Rodriguez padre, has known Delcy and Jorge for quite a while. Devoe Sr. was a MAS member along with Jorge Valero, a former Venezuelan ambassador to the UN and OAS this century, whom Devoe defended in his Santo Domingo speech.

Delcy, Ernesto Villegas and Larry Devoe presented a 2017 report denying the State’s responsibility for the great majority of deaths during that year’s protests.

Part of what people like Devoe and the Rodríguez siblings likely absorbed early on were accounts of the extrajudicial killings and torture Venezuelan communists endured in the 1960s. Then came the 1976 case of Rodríguez. And later, when Devoe was 11, the Caracazo—preceded by massacres like Cantaura and El Amparo, carried out by state officials, often with impunity.

These events are not just real; they must be remembered as part of the bloodier side of our recent history, one that did not begin in 1999. What is striking is that Devoe, now prosecutor in this “new political moment”, has repeatedly covered up similar crimes, the very kind the Rodríguez siblings have long grieved over.

In 2023, Devoe dismissed the ongoing investigation in the International Criminal Court as a political ploy, said Caracas proved crimes against humanity were never committed, and echoed Tarek William Saab’s claims that Venezuelan courts were doing their job in dealing with the bad apples. That now contradicts the discourse of the Rodríguez siblings, who got rid of Saab to appoint him. Six years before that, Delcy, Ernesto Villegas and Larry Devoe presented a report denying the State’s responsibility for the great majority of deaths during the 2017 protest cycle. This denialism has been a recurring pattern in his career as a Venezuelan State agent, and remains a part of chavismo’s rhetoric about “political violence since 1999.”

Someone told me that Devoe was respectful and decent in one-on-one interactions, even after heated debates over the causes and scale of the Venezuelan crisis. That perhaps he was caged by his own surroundings. Let’s see if Devoe can somehow turn that record around.

After all these years, we have reasonable doubts he’ll do so.

WASHINGTON — The Justice Department on Tuesday asked a federal appeals court to throw out the seditious conspiracy convictions of Proud Boys and Oath Keepers leaders who were sentenced to prison terms for leading members of the far-right extremist groups in attacking the U.S. Capitol to keep President Trump in the White House more than five years ago.

Trump commuted the prison sentences of several Proud Boys and Oath Keepers leaders in January 2025 in a sweeping act of clemency for all 1,500-plus defendants charged in the Jan. 6, 2021, attack.

The request by the Justice Department would go a step further and erase the convictions for the extremist group leaders, including Oath Keepers founder Stewart Rhodes.

In court filings, prosecutors asked the U.S. Court of Appeals for the District of Columbia Circuit to vacate the convictions so that the government can permanently dismiss the indictments.

“The government’s motion to vacate in this case is consistent with its practice of moving the Supreme Court to vacate convictions in cases where the government has decided in its prosecutorial discretion that dismissal of a criminal case is in the interests of justice — motions that the Supreme Court routinely grants,” prosecutors wrote in a court filing signed by U.S. Atty. Jeanine Pirro.

Juries in Washington convicted the Proud Boys and Oath Keepers leaders of orchestrating violent plots to stop the peaceful transfer of power after Trump’s 2020 election loss to Democratic President Biden.

Kunzelman and Richer write for the Associated Press.