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Fatal shooting by Alec Baldwin on set of “Rust” was accident, medical examiner rules

August 16, 2022 by www.cbsnews.com Leave a Comment

Albuquerque, N.M. — The fatal film-set shootin g of a cinematographer by actor Alec Baldwin last year was an accident, according to a determination made by New Mexico’s Office of the Medical Investigator following the completion of an autopsy and a review of law enforcement reports.

The medical investigator’s report was made public Monday by the Santa Fe County Sheriff’s Office along with numerous reports from the FBI on the revolver and ammunition that were collected following the shooting.

Prosecutors have not yet decided if any charges will be filed in the case, saying they would review the latest reports and were awaiting cell phone data from Baldwin’s attorneys.

Baldwin was pointing a gun at cinematographer Halyna Hutchins when it went off on Oct. 21, killing Hutchins and wounding the movie’s director, Joel Souza. They had been inside a small church during setup for filming a scene.

While it’s too early to say how much weight the medical investigator’s report will carry with the district attorney’s office, Baldwin’s legal team suggested it was further proof that the shooting was “a tragic accident” and that he should not face criminal charges.

“This is the third time the New Mexico authorities have found that Alec Baldwin had no authority or knowledge of the allegedly unsafe conditions on the set, that he was told by the person in charge of safety on the set that the gun was ‘cold’ and believed the gun was safe,” attorney Luke Nikas said in a statement.

Baldwin said in a December interview with ABC News that he was pointing the gun at Hutchins at her instruction on the set of the Western film “Rust” when it went off after he cocked it. He said he did not pull the trigger.

An FBI analysis of the revolver that Baldwin had in his hand during the rehearsal suggested it was in working order at the time and would not have discharged unless it was fully cocked and the trigger was pulled.

With the hammer in full cock position, the FBI report stated the gun could not be made to fire without pulling the trigger while the working internal components were intact and functional.

During the testing of the gun by the FBI, authorities said, portions of the gun’s trigger sear and cylinder stop fractured while the hammer was struck. That allowed the hammer to fall and the firing pin to detonate the primer.

“This was the only successful discharge during this testing and it was attributed to the fracture of internal components, not the failure of the firearm or safety mechanisms,” the report stated.

It was unclear from the FBI report how many times the revolver’s hammer may have been struck during the testing.

Baldwin, who also was a producer of “Rust,” has previously said the gun should not have been loaded for the rehearsal.

Among the ammunition seized from the film location were live rounds found on a cart and in the holster that was in the building where the shooting happened. Blank and dummy cartridges also were found.

New Mexico’s Occupational Health and Safety Bureau, in a scathing report issued in April, detailed a narrative of safety failures in violation of standard industry protocols, including testimony that production managers took limited or no action to address two misfires on set prior to the fatal shooting.

The bureau also documented gun safety complaints from crew members that went unheeded and said weapons specialists weren’t allowed to make decisions about additional safety training.

In reaching its conclusion that the shooting was an accident, the New Mexico’s medical investigator’s office pointed to “the absence of obvious intent to cause harm or death” and stated that there was “no compelling demonstration” stated that the revolver was intentionally loaded with live ammunition on the set.

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  • Alec Baldwin

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Trump allies on House Judiciary Committee ask Biden officials to save records related to Trump search warrant

August 15, 2022 by www.cbsnews.com Leave a Comment

Trump allies on the House Judiciary Committee are now asking the Biden administration to do what it appears former President Donald Trump failed to do: save and hand over sensitive records to another part of government.

House Republicans have sent letters to top officials in the Biden administration demanding they send to Congress documents and communications about the FBI search of Trump’s residence .

The letters, addressed to Attorney General Merrick Garland, FBI Director Christopher Wray and White House Chief of Staff Ron Klain, are signed by 18 Republicans on the House Judiciary Committee, led by ranking member Rep. Jim Jordan, Republican of Ohio.

They ask Garland, Wray and Klain to provide to Congress records about the Aug. 8 FBI search at Mar-a-Lago, how a search warrant was obtained and any communication between the Justice Department and White House related to the execution of that warrant.

The White House said last week it learned of the search from news reports, and Garland said on Thursday he personally approved seeking the warrant. One committee Republican, Rep. Ken Buck, did not sign the letters. A senior staffer for Buck declined to comment.

Republicans are also pursuing any communications between the FBI, Justice Department  and National Archives related to Trump’s presidential records. The letters ask for the administration to comply within two weeks.

For now, Republicans lack subpoena power, so the letters carry more political weight than legal clout. But that could change if the GOP takes control of the House after this fall’s midterm elections.

“Please preserve all responsive documents in your possession, custody, or control,” the letters say, calling the FBI search of the former president’s compound a “weaponization of law-enforcement resources against its political opponents.”

The Presidential Records Act requires White House records be turned over to the National Archives and Records Administration (NARA). In January, NARA officials retrieved 15 boxes of presidential records from Mar-a-Lago, some of which contained classified information.

In July, a lawyer for Trump certified to investigators that all classified material had been handed over to NARA. But Monday’s search revealed there was more. FBI search teams recovered 11 sets of classified material — some were marked top secret and above. CBS News has learned this trove likely included highly sensitive communication intercepts.

“We will settle for nothing but your complete cooperation with our inquiry,” the House Republican wrote, echoing the sentiment of Justice Department investigators probing the former president.

    In:

  • United States Congress
  • Christopher Wray
  • Donald Trump
  • House Judiciary Committee
  • merrick garland

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Officer takes loaded handgun from student while breaking up fight at California high school

August 16, 2022 by www.cbsnews.com Leave a Comment

Stockton, Calif. — A loaded gun was found and taken from a student during a fight at Lincoln High School here on Monday, CBS Sacramento reports .

Stockton police say officers responded to the school around 12:30 p.m.

Exactly what caused the fight is unclear, but Stockton police say a student pulled out a loaded handgun at some point.

Also unclear was whether any charges were filed or disciplinary action taken against the student by the school.

A school resource officer who was on scene managed to disarm the student after a brief struggle, police say. Two students suffered minor injuries in the incident.

Officers say they arrested a 17-year-old boy on suspicion of battery, resisting arrest, making criminal threats, and weapons charges.

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Human remains found near Civil War fort in Nashville could be two centuries old

August 16, 2022 by www.cbsnews.com Leave a Comment

A developer has unearthed human remains that could be two centuries old while digging to lay the foundation of a new Nashville project not far from a Civil War fort and a cemetery dating back to 1822.

For Nashville, the discovery marks the latest intersection of economic boom times and the city’s rich and sometimes troubled history – where new amenities sprout up on or near lands where people long ago settled, battled or toiled, then died and were buried, often with little record of their final resting places.

In a court petition earlier this month, AJ Capital Management noted that the discovery occurred in the neighborhood near Fort Negley while the company was working on its Nashville Warehouse Co. mixed development, which will include apartments and business space.

The fort, built by runaway slaves and freed Black people for the Union, has become a flashpoint in recent years in Nashville’s long journey from a hub of the old Confederacy to a vibrant, modern city trying to cope with rapid growth. It sits about a half-mile away from the multi-building project, which is partially completed and flanked by a giant guitar sign and a construction crane in a quickly developing neighborhood with businesses, bars and restaurants.

The company is asking a Nashville chancery judge for permission to move the remains, which include skeletal pieces and thin wood fragments thought to be from coffins, to the adjacent, 200-year-old Nashville City Cemetery.

An archaeologist hired by the company wrote that her team discovered remains in May and again in June, describing them as not of Native American origin and “estimated to date to the early nineteenth century,” potentially putting them before the Civil War.

The archaeologist wrote that they are likely “isolated burials and not a more extensive cemetery distribution,” saying the remains were only found in two out of 53 4-by-6-foot excavations done to work on the foundation. Both were found at about 15 feet below ground, give or take a few feet. State archaeology officials, local police and the county medical examiner’s office were notified.

A portion of each burial and the remains was unexposed and preserved in place, the archaeologist wrote.

A spokesperson for AJ Capital did not respond to a request for additional comment.

Who these potentially centuries-old people might have been is an open question, according to Learotha Williams, a Tennessee State University professor who specializes in African-American, Civil War and Reconstruction studies.

He wouldn’t rule out that the remains could be Native American, from early settlers, from Civil War soldiers or from Black workers on the fort – though that seems less likely, since there was evidence of coffins, he said, and that was a level of respect not typically afforded to Black people at that time.

Williams said he would feel “a whole lot more comfortable having maybe an academic unit come in” to study the area where the remains were found. He described Nashville’s “spotty record” of sorting out friction between growth and historic preservation.

Williams did say things are “changing a bit” but there’s still “a ways to go” when it comes to Nashville’s sensitivity toward histories of marginalized people.

Most prominently, an effort several years ago to build up the area right by Fort Negley drew enough scrutiny that it was shelved because it was later found that the lands below likely were burial grounds.

Adjacent to the fort, developers had planned to build a housing and entertainment complex where Nashville’s former minor league baseball stadium had sat, near the foot of the fort.

After opposition grew, the city ordered an archaeological study that in January 2018 determined that human remains are likely still buried there, possibly of enslaved people who built the fort.

The plans were halted, and instead the city envisioned a park commemorating the fort and the people forced to build it. The city has demolished the baseball stadium and has been holding public meetings about the overhaul. A final draft of a master plan is expected to be released this summer.

After Confederate forces surrendered to Union soldiers in Nashville in 1862, the Union took more than 2,700 runaway slaves and freed Black people from their homes and churches and forced them to work on the fort, where they lived in “contraband camps.” Although they were promised money for their labor, few were paid. About 600 to 800 of them died.

The fort deteriorated over the years. The Works Progress Administration rebuilt it in 1936 and it reopened in 1938, but the fort fell into disrepair again. The Ku Klux Klan rallied there in the Jim Crow years, and segregated softball fields were later built nearby, according to the late author Robert Hicks.

The new development where the remains were found this year is further away from the fort, across a set of railroad tracks from where the baseball stadium sat.

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  • Civil War
  • tennessee
  • nashville

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Ron DeSantis begins rally tour of battleground states, with FBI raid and 2024 as the backdrop

August 16, 2022 by www.cbsnews.com Leave a Comment

Phoenix, Ariz. – Former President Donald Trump’s hold over the Republican party remained at a rally that he did not attend in Phoenix over the weekend as some of the biggest candidates in the 2022 cycle decried the FBI search on Mar-a-Lago.

“I really anticipate that the state of Florida will be the one to get the election wave off the ground,” Florida Gov. Ron DeSantis said during his roughly 46-minute appearance at an event for Arizona Senate nominee Blake Masters and gubernatorial nominee Kari Lake.

DeSantis, who is up for reelection in 2022, came in second in a recent CPAC straw poll for the 2024 presidential election, 45 points behind Trump – although the poll was taken before the FBI search. But when Trump was taken out of the poll, DeSantis was in the lead.

DeSantis’ visit to Phoenix capped off a chaotic six days since the FBI searched Mar-a-Lago and seized 11 sets of classified documents . The unsealed search warrant revealed that Trump is under investigation for destruction, removal or destruction of records, obstruction of an investigation, and violating a provision of the Espionage Act related to gathering, transmitting or losing defense information.

Attendees in Phoenix were energized, and some clearly angered, by every mention of the FBI’s search and seizure of documents at Mar-a-Lago. Charlie Kirk, the founder of Turning Point USA, used his warm up speaking slot to argue the raid has only made Trump more popular. Lake, a staunch Trump supporter and former TV journalist who won the GOP primary on Aug. 2, said the FBI agents were “politically motivated.”

“How dare they. Joe Biden, we have had enough. Our ‘government created of the people, by the people, and for the people.’ That government has turned onto ‘we’ the people. And we will begin to fight back,” Lake said.

Turning Point USA, a conservative organization geared towards young Republicans, organized DeSantis’ stops in Arizona and New Mexico on Sunday to headline “Unite and Win” rallies for statewide GOP candidates.

While he did not explicitly mention Trump by name during his remarks, DeSantis did criticize the FBI’s search and said it’s another example of agencies being “weaponized to be used against people that the government doesn’t like.”

“They’re enforcing the law based on who they like and who they don’t like. That is not a republic. Well, maybe it’s a banana republic when that happens,” he said, after referencing the FBI’s investigation of Democratic presidential candidate Hillary Clinton’s use of a private email server.

“Why has this been able to happen? It’s because Congress lets these agencies get away with it,” he said. “What I hope we see if Republicans take majorities, is use the power you have under the Constitution to bring accountability to a bureaucracy that’s totally off the rails.”

Masters did not mention the search during his remarks but during an appearance on Kirk’s show on Monday, said “it’s clear” the FBI was not following the “rule of law” and that it was “political persecution.”

“Everybody knows this is about neutralizing Trump and taking him off the table in 2024,” Masters said, adding that if he is made president again, Trump has to fire “every partisan operative” in the FBI and “clean house.”

Federal authorities are warning of an increase in threats to law enforcement officials following the FBI’s search of the former president’s home. The threats, which are “occurring primarily online and across multiple platforms, including social media sites, web forums, video sharing platforms, and image boards,” were identified by the FBI and Department of Homeland Security (DHS) in the days following the FBI’s authorized seizure of 11 sets of classified documents from the former president’s home, including four sets that were classified “top secret,” according to the unsealed search warrant.

A group of armed protestors, which is legal under Arizona law, were outside the Phoenix FBI headquarters on Saturday morning, according to CBS Phoenix affiliate KPHO .

Ellie Summers, a pro-Trump Republican that believes there was “cheating” in the 2020 election, said outside the event that she wants Congressional Republicans to be more vocal against the FBI raid.

“Where is McCarthy? Where is McConnell? Where is anybody fighting for us? That’s why we’re so angry, because Republicans are not fighting for us. They need to get off their butts and do their jobs and quit writing books, quit begging for money, and start fighting and do their damn jobs,” she said.

“I think the FBI needs to go. I think the upper echelon of the FBI, if it doesn’t go away altogether, needs to be changed out. The lower level seems to be doing just fine. But those people at the top, need to go,” she added. “They’re ruining this country.”

Ari Corr, an independent voter, and Matt Bevans, a recent Democrat-to-Republican convert, said they were willing to see what the FBI investigation would lead to.

“I want to see if there’s grounds for it. If there isn’t, I’m afraid that’s going to cause more divisiveness and more of an issue and that terrifies me,” said Corr.

“I believe in the institutions of this country and I want to have faith in them,” added Bevans. “So I don’t have a reaction until I see evidence.”

DeSantis’ visit to Arizona in particular, a perennial presidential battleground former president Donald Trump narrowly lost in 2020, comes after multiple polls show DeSantis as the second pick for most GOP voters for president in 2024, behind Trump.

But attendees in Phoenix gave raucous applause to the southeast governor as he ticked through his COVID-19 response, his criticisms of Mr. Biden, and a string of controversial bills he passed related to education that restricts conversation about gender identity and sexuality from kindergarten through the third grade.

“You should not have kids in elementary school having lessons on gender ideology. You do not take a six year old boy and tell him he may actually be a girl. That is wrong, and that is illegal in the state of Florida,” he said.

Lake, who joked about the governor having “BDE” (“Big DeSantis Energy”), said she was honored to have received the nickname of “the DeSantis of the west.”

Most Republicans at the Phoenix event dreamt of a potential Trump-DeSantis ticket in 2024, but were confident if DeSantis decided to run on his own against the former president, that he’d lose.

“You aren’t going to beat that team. That would be the way to go. I hope they do it,” said Summers. When asked who she’d pick if the two were head-to-head against each other, Summers quickly replied, “Trump all the way.”

Aaron Navarro

Aaron Navarro is an associate producer for the political unit at CBS News, focusing on House and gubernatorial campaigns as well as the census and redistricting.

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