Month: August 2024

Special counsel Jack Smith urged an appeals court Monday to reverse a federal judge’s surprise dismissal of former President Donald Trump’s classified documents case, writing the lower court’s decision to toss the charges “deviated” from legal precedent and “took inadequate account” of history.

Last month, U.S. District Judge Aileen Cannon last month threw out the case against Trump, aide Walt Nauta and Mar-a-Lago property manager Carlos de Oliveira that charged them with unlawfully retaining classified documents taken from his time in the White House and then seeking to obstruct the government’s efforts to retrieve them. Cannon found that Smith’s appointment as special counsel violated the Constitution’s Appointments Clause, dismissing the indictment against Trump. Trump has pleaded not guilty to all charges.

Assistant Special Counsel James Pearce, a member of Smith’s team, wrote in a brief filed with the 11th U.S. Circuit Court of Appeals: “The Attorney General validly appointed the Special Counsel, who is also properly funded. In ruling otherwise, the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels.” In their filing Monday, Smith said Cannon’s ruling “conflicts with an otherwise unbroken course of decisions, including by the Supreme Court, that the Attorney General has such authority, and it is at odds with widespread and longstanding appointment practices in the Department of Justice and across the government.”  Trump has until Sept. 26 to submit a response to the special counsel’s arguments.

Cannon’s ruling centered around arguments that Smith’s prosecution of Trump was illegitimate because, in her determination, Smith was unlawfully appointed by Attorney General Merrick Garland to his position as special counsel because he was never confirmed to his post by the U.S. Senate.

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On Monday, authorities announced that they are investigating the death of a woman at the counterculture festival known as Burning Man, held annually in northern Nevada’s Black Rock Desert (per The Associated Press.)

Authorities said a woman who attended the Burning Man Festival died on the first day of the event on Sunday. The Pershing County Sheriff’s Office said that Burning Man Project emergency personnel found the woman unresponsive, with emergency crew performed what was described as life-saving measures to revive the woman but were unsuccessful. Sheriff Jerry Allen said (per ABC News): “This death will remain under investigation until a cause and manner can be determined, which will be updated at the conclusion of an autopsy”.  Allen said the woman’s name and age won’t be released until her relatives can be notified.

Burning Man organizers released a statement offering condolences over the death: “Our thoughts and condolences go out to the family and friends affected by this loss. We are cooperating fully with local authorities as they investigate. Out of respect for the privacy of the grieving family, we will not be providing further details at this time.”

Burning Man combines wilderness camping with a weeklong celebration of art; it kicked off early Sunday after the gates had been closed for 12 hours following rain and muddy conditions. An estimated 20,000 people were already on the playa before the gates officially opened to all ticket-holders. The festival runs through Sept. 2, with organizers expecting more than 70,000 people to attend this year’s event.

About a half-dozen other deaths have been reported at the festival since it moved from Baker Beach in San Francisco to the Black Rock desert in 1990.  32-year-old Leon Reece of Truckee, Calif. died from suspected drug intoxication after being found unresponsive on the festival grounds at last year’s Burning Man (per NBC NEWS).

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NASA officials announced that the two astronauts who went up to the International Space Station (ISS) on Boeing’s Starliner will need to come home on a different spacecraft next year; adding that the Boeing Starliner will return in a separate flight, uncrewed.

Per NASA, Astronauts Barry “Butch” Wilmore and Sunita “Suni” Williams, who performed the first crewed test flight of Starliner, will return in February 2025 on the Space-X crew 9. NASA administrator Bill Nelson said at a news conference: “The decision to keep Butch and Suni aboard the International Space Station and bring the Boeing Starliner home uncrewed is a result of a commitment to safety,” 

A Boeing spokesperson said in a statement that the company “continues to focus, first and foremost, on the safety of the crew and spacecraft … We are executing the mission as determined by NASA, and we are preparing the spacecraft for a safe and successful uncrewed return.”

Starliner is part of the larger Commercial Crew Program at NASA, which was testing if Boeing’s spacecrafts could be certified to perform routine missions to and from the ISS.  However, the spacecraft had been plagued by issues even before launch. The flight test was originally tentatively scheduled for May 6, but was scrubbed after a problem with an oxygen valve on a rocket from United Launch Alliance (ULA). A new launch date had been set for May 25, but a small helium leak was discovered in the service module, which contains support systems and instruments for operating a spacecraft. Five days after docking at the ISS, NASA and Boeing said the spacecraft was experiencing five “small” helium leaks but said at that time that ‘enough helium was available for the return mission.’

Wilmore and Williams were originally scheduled to only be on the ISS for a week and return on June 14 (after launching on launched on June 5), but their return has since been delayed multiple times. The pair integrated with the “Expedition 71” crew aboard the ISS, assisting them with research and other responsibilities, and will continue to assist with science experiments, maintenance and maybe some spacewalks during their extended stay on the ISS.

Steve Stich, program manager for NASA’s Commercial Crew Program, said that NASA teams spent all summer looking over the data on Starliner and felt there was too much risk with regard to the vehicle’s thrusters, adding: “there was too much risk for the crew.” Stich added that when SpaceX’s Dragon Crew-9 launches in September it will do so with only two of the four astronauts assigned to it to accommodate Wilmore and Williams on the return trip: “As we started looking at various options, it was obvious to both of us that the easiest and best option was to configure the crew nine vehicle with a couple empty seats on the way up.”  

Norm Knight, NASA’s director of flight operations directorate, acknowledged the hardships placed on Wilmore and Williams, adding: “I care deeply about their families, I know this is a huge impact on their families and it means a lot,” he said. “I tell their families thank you for their support, thank you for what they do.”

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Hurricane Hone strengthened into a Category 1 hurricane as it approached Hawaii Sunday morning, bringing damaging wind gusts and flooding rain to the Big Island. The Central Pacific Hurricane Center (CPHC) in Honolulu said Hurricane Hone reached its closest point of approach to the Big Island, with winds of 85 mph with some higher gusts passing about 45 miles south-southwest of South Point, Hawaii.

Flash Flood Warnings were issued for the Big Island with some areas seeing rainfall rates of up to 2 inches per hour. Hone is expected to produce rainfall totals between 6 and 12 inches over mainly windward or southeast-facing slopes on the Big Island, with locally higher amounts. The National Weather Service has warned that flooding in streams and rivers is likely, with concerns that the heavy precipitation could lead to landslides and mudslides in areas with steep terrain.

A Tropical Storm Warning remains in effect for Hawaii’s Big Island; the loss of power to thousands of utility customers also forced officials to close several roads due to flooding. More than a foot of rain has already fallen in many areas of Hawaii’s Big Island, including Nahuku, which picked up 15.81 inches of rain so far, as well as Kanakaleonui and Hakalau, which both picked up more than 14 inches of rain.

Hawaii County Mayor Mitchell D. Roth declared a state of emergency ahead of the hurricane and urged residents to prepare for the storm’s impacts:  “I want to make sure everyone is taking care of the things they need to take care of around the house. Going through their preventative checklist, whether it’s putting aside water or clothes or things like that.”

Additionally, Hawaii Gov. Josh Green also issued a proclamation declaring a state of emergency in the state of Hawaii that will remain in effect through Monday.  Hawaii’s Department of Transportation said the terminal at Hilo International Airport remains open, but passengers are urged to check their flight status before heading to the airport in case there are delays or cancellations.

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