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Veteran legal conservatives rush to Justice Barrett’s defense amid MAGA backlash

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Prominent legal conservatives on Friday sought to tamp down a wave of sudden criticism directed at Supreme Court Justice Amy Coney Barrett over her vote to reject President Donald Trump’s attempt to freeze nearly $2 billion in foreign aid.

Barrett, a former appeals court judge and law professor who Trump placed on the bench during his first term, joined Chief Justice John Roberts and the court’s three liberals in upholding – for now – a lower court ruling that required the administration to quickly spend the contested aid.

The backlash over that decision from some Trump allies was swift, with one prominent conservative describing Barrett on a podcast as a “rattled law professor with her head up her a**.” Others took to social media to describe her as a “DEI hire” and “evil.”

Trump has scored many significant wins on a court that is the most conservative it has been in decades, with six of nine justices nominated by Republican presidents, including three Trump himself picked. But he’s also regularly lost, including with the first two emergency appeals to reach the high court in his second term.

Several well-known conservatives who for years have sought to push the law to the right told CNN that the criticism was an overreaction to a relatively modest ruling that simply kept the fight over foreign aid percolating in lower federal courts. The majority did not indicate how it would vote in the likely event that the case makes it back to the Supreme Court – possibly in a few weeks.

The reaction appeared to be at least partly a response to a sharply worded dissent from Justice Samuel Alito who accused a lower court that sided against Trump of “judicial hubris.” Three other conservatives – Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh – joined that opinion.

Leonard Leo, a prominent conservative legal advocate and board co-chairman of the influential Federalist Society, told CNN he felt that Alito’s dissent was “persuasive” and that the stalwart conservative and former prosecutor “had the better argument.”

But, Leo added, “that doesn’t mean that Justice Barrett isn’t among the most distinguished conservative jurists of the past 100 years.”

“She’s been in the vanguard of conservative jurisprudence on abortion, racial preferences, the administrative state, religious freedom, Trump immunity, guns and the Second Amendment,” said Leo, who advised Trump on Supreme Court nominees during the president’s first term.

The quarrel in the foreign aid spending case, he said, was “a procedural disagreement – and those things happen quite often among conservative justices.”

Ed Whelan, a conservative legal commentator, described Barrett as “an outstanding justice” and said the “criticisms of her are myopic.”

A reliably conservative vote

Barrett was viewed as a hero to the conservative legal movement just a few years ago. Weeks after taking her seat, the court shifted positions in a series of emergency cases dealing with how Covid-19 crowd restrictions applied to churches and synagogues. Before liberal Justice Ruth Bader Ginsburg died, the court upheld those restrictions. Once Barrett was in place, it began striking most of them down.

A little more than a year later, Barrett joined her conservative colleagues in overturning Roe v. Wade and significantly expanding Americans’ rights under the Second Amendment.

Last summer, she was one of six justices who voted to grant Trump sweeping immunity from criminal prosecution for official actions – though she did write a concurring opinion suggesting she thought the case could have been decided more narrowly in Trump’s favor.

Barrett voted with the court’s two most conservative justices – Thomas and Alito – more than 80% of the time in the term that ended last year, according to data compiled by the Empirical SCOTUS blog. She was slightly more likely to side with Roberts and Kavanaugh, two conservatives who are often viewed as sitting at the court’s ideological center. Roberts in particular has also faced sharp scorn from the right in recent years, even though he remains a reliable vote for conservative outcomes.

By comparison, Barrett voted with Justice Sonia Sotomayor, the court’s senior liberal, less than 70% of the time.

A penchant for procedural concerns

Both during oral arguments and in her opinions, Barrett often displays a penchant for delving into procedural issues. Among the conservative wing, she has appeared the most concerned about use of the court’s emergency docket to decide sweeping questions with national implications.

In one of the court’s first significant early opinions this year, Barrett joined a mix of liberals and conservatives in backing a death row inmate in Oklahoma who the Republican attorney general said was entitled to a new trial in light of withheld evidence. But she moved to the right of Kavanaugh and Roberts in that case, saying that she would have sent the matter back to a lower court for further consideration rather than throwing out the conviction.

But there have other recent examples in which Barrett has veered to the left. Barrett, joined by three liberals, partially dissented in a decision Tuesday about the Environmental Protection Agency’s ability to police sewage that can flow into the Pacific Ocean after San Francisco experiences heavy rainstorms.

Hiram Sasser, executive general counsel for First Liberty Institute, a group that has brought successful religious appeals to the Supreme Court, noted that the foreign aid case was in a very preliminary posture.

“It’s hard to read into procedural decisions where someone is going to be on the substantive part of the issue,” Sasser told CNN.

Sasser recalled that his group suffered an initial setback at the Supreme Court when it was representing Joe Kennedy, a high school football coach who lost his job after leading prayers on the 50-yard line after games. The court initially turned away Kennedy’s appeal.

In 2022, when the case was ultimately decided, Kennedy won with a 6-3 majority that included both Barrett and Roberts.

“We overturned a 50-year-old precedent in a landmark win, but it started off with what was a technical, procedural loss,” he said. “I wouldn’t forecast anything other than what President Trump just learned is exactly what we learned in the Coach Kennedy case: He’s got four votes.”

That means to get a majority, Sasser noted, Trump “only needs one more.”

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The list of the world’s top 20 most polluted cities is out. All but one are in Asia

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All but one of the world’s top 20 most polluted cities last year were in Asia, a new study shows.

The majority of these cities – 13 – are in the world’s most populous country, India, where booming economic growth is fired largely by coal and where hundreds of millions live in traffic-clogged and congested megacities.

Another four are in neighboring Pakistan, with one in China and Kazakhstan respectively.

The only city outside of Asia featured on the list is N’Djamena, the capital of Chad in central Africa – which was named the country with the worst air pollution.

Meanwhile the cities with the worst pollution in North America were all in California.

The report by IQAir, a Swiss company that tracks global air quality, looked specifically at fine particulate matter, or PM2.5, one of the smallest but most dangerous pollutants.

PM2.5 comes from sources like the combustion of fossil fuels, dust storms and wildfires. It is so tiny – 1/20th of a width of a human hair – that it can travel past your body’s usual defenses into your lungs or bloodstream.

The particles cause irritation and inflammation and have been linked to respiratory problems and chronic kidney disease. Exposure can cause cancer, stroke or heart attacks and has been associated with a higher risk of depression and anxiety.

A bird flies through a thick layer of smog in New Delhi, India, on November 20, 2024. - Manish Swarup/AP/File

A bird flies through a thick layer of smog in New Delhi, India, on November 20, 2024. – Manish Swarup/AP/File

N'Djamena, Chad, was ranked as the most polluted city in 2024. - Irem Demir/Anadolu/Getty Images

N’Djamena, Chad, was ranked as the most polluted city in 2024. – Irem Demir/Anadolu/Getty Images

The World Health Organization (WHO) says average annual levels of PM2.5 should not exceed 5 micrograms per cubic meter.

Byrnihat, an industrial town in northeast India recorded a PM2.5 concentration of 128.2 last year – more than 25 times the WHO’s standard.

“It feels very sad and helpless that Byrnihat keeps topping the list ,” Suman Momin, 26, who lives in the city of around 70,000, told CNN.

She blamed factories around the town and a booming construction industry and trees being felled as contributing to the toxic air.

“The pollution is particularly bad right now, visibility is not great, there is dust everywhere, my eyes also burn,” she said.

“I do not leave home without a mask.”

Twelve other cities in the top 20 are in India.

Its capital New Delhi featured as the world’s most polluted capital for the sixth consecutive year, with a PM2.5 concentration of 91.8. The report also listed six satellite cities – Faridabad, Loni, Delhi, Gurugram, Noida and Greater Noida – making the list.

Just last November, a throat-searing blanket of smog settled over Delhi, disrupting flights, blocking buildings from view and prompting the city’s chief minister to declare a “medical emergency.”

But overall, India – the world’s most populous nation with 1.4 billion people dropped from third to fifth place from the previous year, according to the report.

But the report said air pollution “remains a significant health burden… reducing life expectancy by an estimated 5.2 years.”

A man wears a mask as he walks past a small iron factory in Lahore, Pakistan, on January 16, 2024. - K.M. Chaudary/AP

A man wears a mask as he walks past a small iron factory in Lahore, Pakistan, on January 16, 2024. – K.M. Chaudary/AP

India’s neighbors Bangladesh and Pakistan – together home to some 400 million people – were second and third-most polluted countries globally in terms of PM2.5 molecules, according to the report.

China – which used to dominate global rankings of the world’s worst air – noted a small improvement, the report said.

Its national annual average PM2.5 concentration decreased from 32.5 micrograms per cubic meter to 31, with air quality improving in megacities like Beijing, Shanghai, Chengdu, Guangzhou and Shenzhen, the report said.

China is the world’s largest carbon dioxide emitter but in recent years has waged a campaign against air pollution, particularly in the cities that have fuelled its economic growth, and has pushed a massive expansion in solar and wind power.

But last month two clean-energy groups raised alarm over what they said were plans by China’s power industry to build nearly 100 gigawatts of new coal plant capacity last year, the most in nearly a decade.

All 20 of the world’s most polluted cities last year exceeded WHO PM2.5 guidelines by over 10 times, the IQ Air report showed.

Data gaps

“Air pollution remains a critical threat to both human health and environmental stability, yet vast populations remain unaware of their exposure levels,” said Frank Hammes, Global CEO of IQAir.

Iran and Afghanistan did not feature in this year’s report due to a lack of data availability.

Air quality monitoring in Southeast Asia is also a problem, with nearly all countries having “significant gaps in government-led initiatives,” the report found.

Vehicles drive amid high levels of air pollution in Hanoi, Vietnam, on March 5, 2024. - Nhac Nguyen/AFP/Getty Images

Vehicles drive amid high levels of air pollution in Hanoi, Vietnam, on March 5, 2024. – Nhac Nguyen/AFP/Getty Images

In 2024, 173 out of 392 cities in the region lacked government monitoring stations, while Cambodia had none, it said.

Those problems are likely to be exacerbated after the US announced earlier this month that it would stop sharing air quality data gathered from its embassies and consulates worldwide due to “funding constraints” the Associated Press reported.

“Air quality data saves lives,” said Hammes.

“It creates much needed awareness, informs policy decisions, guiding public health interventions, and empowers communities to take action to reduce air pollution and protect future generations.”

Worst cities in North America

Only 17% of 8,954 cities analyzed globally by IQAir recorded air quality which met WHO pollution guidelines, the report said.

The cities with the worst air pollution in North America were Ontario, Bloomington and Huntington Park – all in California, the report said.

Overall the United States saw a significant reduction in PM2.5 levels last year, with the annual average dropping 22% from 2023.

Northern America has long boasted vigorous air quality monitoring systems, contributing 56% of the total number of ground-based air quality monitoring stations included in the IQ Air report – helping scientists with their continued research on air quality and aiding policymakers to make decisions about public health.

Only 12 countries, regions, and territories recorded PM2.5 concentrations below the WHO guidelines, most of which were in the Latin America and Caribbean or Oceania region.

The report called on governments to dedicate funding for renewable energy projects and “strengthen emission limits for vehicles and industrial activities.”

Advice Suman wishes authorities in Byrnihat would take to save her city from appearing at the top of the most polluted list again next year.

“People around have developed breathing issues over the years as well,” she told CNN.

“This is my birthplace. I am a local. I do not want to leave this area. We want the governments to do more, come together and work for us.”

Aishwarya S Iyer contributed reporting

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Philippine president says Duterte has left on jet bound for ICC

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By Karen Lema

MANILA (Reuters) – Former Philippines leader Rodrigo Duterte left Manila on a jet on Tuesday bound for The Hague, President Ferdinand Marcos Jr said, hours after he was arrested at the request of the International Criminal Court over a “war on drugs” that defined his presidency.

Duterte, a firebrand ex-mayor and former prosecutor who led the Philippines from 2016 to 2022, was arrested at a Manila airport early on Tuesday, in a major step in the ICC’s investigation into thousands of killings in an anti-drugs crackdown that caused shock and condemnation around the world.

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“I am confident the arrest was proper, correct and followed all necessary legal procedures,” Marcos told a press conference confirming Duterte had left the country bound for the Netherlands.

“We did not help the International Criminal Court in any way. The arrest was made in compliance with Interpol.”

The “war on drugs” was Duterte’s signature campaign platform that swept the mercurial crime-buster to power and he soon delivered on promises he made during vitriolic speeches to kill thousands of drug pushers and users.

Duterte has long insisted he instructed police to kill only in self-defence and has always defended the crackdown, repeatedly telling his supporters he was ready to “rot in jail” if it meant ridding the Philippines of drugs.

Veronica Duterte, the 79-year-old’s youngest daughter, said on Instagram her father had boarded the jet but the family had not been informed of its destination.

“The airplane used to kidnap my dad just left minutes ago,” she posted.

Duterte could become Asia’s first former head of state to go on trial at the ICC.

RIGHTS GROUPS

His arrest follows years of him rebuking and taunting the ICC since he unilaterally withdrew the Philippines from the court’s founding treaty in 2019 as it started looking into allegations of systematic murders of drug dealers on his watch.

The ICC, a court of last resort, is probing alleged crimes against humanity and says it has jurisdiction to investigate alleged crimes that took place while a country was a member.

Duterte and his family and allies expressed fury at the arrest, calling it unlawful.

A lawyer petitioned the Supreme Court on Duterte’s behalf on Tuesday seeking a temporary restraining order to prevent authorities from complying with the ICC’s request.

A copy of the warrant, seen by Reuters, said Duterte is accused of criminal responsibility for the murder of at least 43 people between 2011 and 2019, which would include time when he served as mayor of southern Davao City.

Human rights groups and families of victims said his detention was a key step towards accountability for the killings of thousands of people in the Philippines, where police investigations have moved at a snail’s pace. Duterte has not been charged with any crimes locally.

According to police, 6,200 suspects were killed during anti-drug operations under Duterte’s presidency that they say ended in shootouts. But activists say the real toll of the crackdown was far greater, with many thousands more slumland drug users, some named on community “watch lists”, killed in mysterious circumstances.

The prosecutor of the ICC has said as many as 30,000 people may have been killed by police or unidentified individuals.

Police have rejected allegations from rights groups of systematic murders, staged crime scenes and fabricated incident reports.

(Reporting by Karen Lema, Adrian Portugal and Mikhail Flores; Additional reporting by Stephanie van den Berg; Writing by Martin Petty; Editing by Alison Williams)



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Medical transport helicopter crash leaves crew members, pilot dead

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Three people died after a medical transport helicopter crashed in Madison County, Mississippi, on Monday afternoon, according to the University of Mississippi Medical Center.

The aircraft was a Eurocopter EC-135 helicopter, which crashed into a wooded area around 1:15 p.m. local time, the Federal Aviation Authority said in a statement.

It was owned and operated by Med-Trans, UMMC said.

PHOTO: Gravelines Nuclear Power Station (Thierry Monasse/Getty Images)

PHOTO: Gravelines Nuclear Power Station (Thierry Monasse/Getty Images)

MORE: Small plane crashes with 5 aboard in Pennsylvania

UMMC confirmed that no patients were on board, and that the victims were two crew members and a pilot. Their families were being contacted, the medical center said.

“Earlier this afternoon, AirCare 3, our Columbus-based medical transport helicopter, had an accident in rural Madison County, north of the Reservoir,” UMMC said in a statement on Facebook. “Sadly, there were no survivors.”

MORE: DC plane crash marks first major commercial crash in US since Buffalo crash in 2009

The FAA was investigating in the immediate aftermath of the crash, and the National Transportation Safety Board said it was “launching a go-team to investigate” starting Tuesday.

Mississippi Gov. Tate Reeves released a statement on X saying, “It’s a tragic reminder of the risks Mississippi’s first responders take every day to keep us safe. Our state will never forget the sacrifice of these heroes.”

ABC News’ Benjamin Stein and T. Michelle Murphy contributed to this report.

Medical transport helicopter crash leaves crew members, pilot dead originally appeared on abcnews.go.com



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New details emerge in search for missing University of Pittsburgh student Sudiksha Konanki in the Dominican Republic

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Missing University of Pittsburgh student Sudiksha Konanki’s clothes were found on the Dominican Republic beach where authorities believe she was last seen going for a swim, two police sources with knowledge of the investigation told ABC News on Monday.

The 20-year-old Konanki, a legal permanent U.S. resident and an Indian citizen, vanished early Thursday while she and a group of students were on a spring break trip to a resort in Punta Cana, according to the Loudoun County, Virginia, Sheriff’s office.

Konanki and one of her traveling companions were Loudoun County residents, the sheriff’s office said.

PHOTO: Sudiksha Konanki is seen in this undated photo shared to Meta. (Sudiksha Konanki via Meta)

PHOTO: Sudiksha Konanki is seen in this undated photo shared to Meta. (Sudiksha Konanki via Meta)

Konanki’s clothes were discovered on a portable beach bed close to the beach where she went missing, the sources told ABC News. Police have found no evidence of violence, according to the sources.

After going to a nightclub on Wednesday night, Konanki and a group of people went to the beach about 4 a.m. local time on Thursday, the sources said. The other women traveling with Konanki went back to their hotel about 5:55 a.m. and were captured on security camera returning to their rooms, the sources noted.

A man stayed behind with Konanki on the beach, according to a Dominican Republic investigative police report. The man, whose name was not released, told police that he and Konanki went for a swim and got caught by a big wave, the police report said.

MORE: Mother of 2 dies mysteriously while on flight back from Dominican Republic

The man, according to sources, told police that when he got back to the beach he threw up and went to sleep on a beach bed. When he woke up, Konanki was nowhere to be seen, the sources said.

Security video showed the man coming back to his hotel room at 9:55 a.m., according to the sources.

The man is not considered a suspect in Konanki’s death, the chief of the Civil Defense in the Dominican Republic told ABC News on Monday.

Right now, the investigation is being treated as an accident, the chief said.

MORE: 2 bodies found confirmed as New York couple missing in Dominican Republic

Law enforcement authorities are increasing the perimeter of the search area of beaches and water in the ongoing operation to find Konanki, according to the chief.

Three Dominican officials involved in the investigation told ABC News over the weekend that Konanki is believed to have drowned in the ocean.

The last time Konanki was seen on the beach on security camera footage was around 4:15 a.m. Thursday, the Dominican Republic Public Ministry told ABC News.

The Public Ministry was first contacted by the U.S. embassy in the Dominican Republic on Friday, the Ministry said.

Officials said Konanki’s friends who were with her around the time of her disappearance were questioned by police and have not been charged with crimes.

A joint investigation Konanki’s disappearance is being conducted by the FBI, the US Embassy in the Dominican Republic, the Dominican National Police and the Dominican Prosecutor’s office, sources close to the investigation told ABC News.

The investigators will question everyone involved in the incident again, including hotel employees and the man Konanki’s friends say she was with before she disappeared, the sources said.

All security camera footage since the day Konanki and her five friends arrived on the island is now being analyzed, sources said.

New details emerge in search for missing University of Pittsburgh student Sudiksha Konanki in the Dominican Republic originally appeared on abcnews.go.com



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Removal of Black Lives Matter mural begins in DC

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WASHINGTON – The shrill, metallic banging noises of a jack hammer echoed around the White House on Monday as crews started removing the large, yellow Black Lives Matter mural down the street from the president’s home.

The city erected the artwork in 2020 amid sweeping, nationwide protests over the death of George Floyd, a Black man killed by Minneapolis police.

But Mayor Muriel Bowser announced plans to replace the mural last week after Republican lawmakers threatened to revoke millions of dollars in transportation funding for the capital city if it wasn’t removed.

The move comes as President Donald Trump and his fellow GOP leaders have widely targeted diversity efforts – in the federal government, schools, private businesses and more.

As the sun beat down on Monday afternoon, a crew of around seven men in yellow safety vests tore up pavement and uprooted black barricades that surrounded the 50-foot-wide artwork.

Most of the people who stopped to watch the work told USA TODAY they were sad to see the installation go. Sitting on a nearby bench, Karen Long, a former D.C. resident who moved back to neighboring Arlington, Virginia, two years ago, described the construction scene as “somber.”

Long, 55, said she heard about the demolition on the morning news and needed to see it for herself. Although disheartened by the effort, Long said she viewed the mural’s removal as part of the long “moving process” of change.

Black lives, she said, would matter regardless of yellow paint on the ground.

More: Donald Trump says he isn’t considering pardoning Derek Chauvin in George Floyd’s murder

“There was a movement, and there’s still going to be a movement,” she said. “This is not the end of it. This is just somebody saying, ‘Hey, I don’t like that symbol being there’ because they feel some kind of way about it, so let them have it.”

Sharifa Ganthier, a DJ, walked to the mural with her husband Marvin from their home near D.C.’s Union Market. When the mural was constructed in 2020, Ganthier, 37, said it brought a bit of “togetherness” to a city that saw turmoil during the COVID-19 pandemic and protests over racial injustice.

But Trump – and his fellow Republicans who control the House and Senate – have targeted diversity, equity and inclusion pushes, many of which were ushered in during the demonstrations after Floyd’s death.

“We have ended the tyranny of so-called diversity, equity and inclusion policies all across the entire federal government and, indeed, the private sector and our military,” Trump said during his joint address to Congress last week. “And our country will be woke no longer.”

Crews begin the process to remove the yellow Black Lives Matter mural that was erected one block from the White House during racial justice protests in 2020 on Monday, March 10, 2025. The mural is being removed after congressional Republicans and President Donald Trump have threatened to interfere with the city's management. Rep. Andrew Clyde, R-Ga., introduced legislation that would require the city to repaint and rename the plaza or else lose millions of dollars in transportation funding.

Crews begin the process to remove the yellow Black Lives Matter mural that was erected one block from the White House during racial justice protests in 2020 on Monday, March 10, 2025. The mural is being removed after congressional Republicans and President Donald Trump have threatened to interfere with the city’s management. Rep. Andrew Clyde, R-Ga., introduced legislation that would require the city to repaint and rename the plaza or else lose millions of dollars in transportation funding.

Bowser ordered the painting of the mural in June 2020. It came after protesters were removed from the area with smoke canisters and pepper spray just before the president, who was in his first term, walked through Lafayette Park to pose for photographs at a nearby church.

The mayor’s chief of staff at the time said she wanted to make it “abundantly clear” the street belonged to the city and its residents. The plaza quickly became a symbol of defiance for Democrats against the Trump administration in the deep-blue capital.

‘Distraction’

Not all of Washington’s residents were happy with the artwork, however. And not all of the mural’s critics came from the right.

The D.C. chapter of Black Lives Matter has long criticized the artwork, calling it in 2020 “a performative distraction from real policy changes” and alleging Bowser was not doing enough to help Black people in the city.

More: America’s largest companies hired more Black executives. Then came the DEI backlash.

Black Lives Matter D.C. did not immediately respond to a request for comment about the mural’s demolition.

Many Republican lawmakers have also been critical of Black Lives Matter Plaza, though for different reasons. Rep. Andrew Clyde, R-Ga., recently introduced legislation that would require the city to repaint and rename the plaza or lose federal funding, alleging the Black Lives Matter movement is corrupt.

“Our capital city must serve as a beacon of freedom, patriotism, and safety — not wokeness, divisiveness, and lawlessness,” Clyde said in a statement announcing the bill.

Marvin Ganthier, 37, said he couldn’t understand criticisms of the mural while standing nearby on Monday.

“I don’t see why anyone would have a problem with it,” said Ganthier, a DJ alongside his wife and a lifelong resident of the district. “They’re not saying your lives don’t matter.

Taking down the mural was a “waste of resources,” that would be better used to fix broken sidewalks elsewhere in the city, he argued.

Removing the mural near the White House is expected to take about six weeks. Bowser said the plaza will be repainted as part of a citywide mural project for the country’s 250th birthday next year.

This article originally appeared on USA TODAY: DC begins removal of Black Lives Matter mural near White House



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DA asks court to withdraw resentencing motion, calls self-defense claims ‘lies’

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Los Angeles County District Attorney Nathan Hochman said Monday he’s asking the court to withdraw the previous district attorney’s motion for resentencing for Lyle and Erik Menendez, calling the brothers’ claims of self-defense part of a litany of “lies.”

“Our position is that they shouldn’t get out of jail,” Hochman said at a news conference Monday. “We bring that position to the court. The court can agree with it, the court can disagree with it or modify it in some respect.”

Hochman said his office is “prepared to go forward” with the hearing regarding their resentencing case.

The hearing is set for March 20 and 21 for the brothers, who are serving life without the possibility of parole for the 1989 shotgun murders of their parents, Kitty and Jose Menendez.

PHOTO: In these booking photos taken Oct. 10, 2024, Erik and Lyle Menendez are shown. (CRDC)

PHOTO: In these booking photos taken Oct. 10, 2024, Erik and Lyle Menendez are shown. (CRDC)

MORE: Menendez brothers’ cousin calls DA ‘hostile,’ ‘patronizing,’ asks for his removal from case

Hochman argued that because the “brothers persist in telling these lies for the last over 30 years about their self-defense defense and persist in insisting that they did not suborn any perjury or attempt to suborn perjury, then they do not meet the standards for resentencing. They do not meet the standards for rehabilitation.”

“If the Menendez brothers, at some point, unequivocally, sincerely and fully accept complete responsibility for all their criminal actions, acknowledge that the self-defense defense was phony and their parents weren’t going to kill them … and finally come clean with the court, with the public, with the DA’s office, with their own family members and acknowledge all these lies … in the future, the court can weigh these new insights into making a determination as to whether they now qualify for rehabilitation and re-sentencing. And the [DA’s office] will do the same,” Hochman said.

The DA said his decision comes after reviewing trial transcripts, prison records and videotaped trial testimony, as well as meeting with Menendez family members, defense attorneys and past prosecutors.

Hochman stressed the premeditation, noting the brothers drove to San Diego days before the murders to buy shotguns with a fake ID, and on the night of the murders, they planned an alibi and went to buy movie tickets, he said.

PHOTO: Los Angeles County District Attorney Nathan Hochman talks about the resentencing of Erik and Lyle Menendez for the murders of their parents during a news conference in downtown Los Angeles, Jan. 3, 2025.  (Damian Dovarganes/AP, FILE)

PHOTO: Los Angeles County District Attorney Nathan Hochman talks about the resentencing of Erik and Lyle Menendez for the murders of their parents during a news conference in downtown Los Angeles, Jan. 3, 2025. (Damian Dovarganes/AP, FILE)

MORE: Menendez brothers’ cousin ‘gasped in relief’ to learn Newsom is addressing clemency request

After Jose and Kitty Menendez were fatally shot, the brothers allegedly shot them again in the kneecaps to try to make the slayings look like a gang shooting, Hochman said.

The brothers “also had the presence of mind to pick up all the shotgun shells” to try to hide their fingerprints, and then they ditched their bloody clothes and the weapons, Hochman said.

Hochman said the brothers told 20 lies and have since admitted to only four; he said 16 lies remain “unacknowledged.”

PHOTO: Erik Menendez, left, and is brother Lyle, in front of their Beverly Hills home on Nov. 30, 1989. (Los Angeles Times via Getty Images, FILE)

PHOTO: Erik Menendez, left, and is brother Lyle, in front of their Beverly Hills home on Nov. 30, 1989. (Los Angeles Times via Getty Images, FILE)

The brothers initially proclaimed their innocence and said the murders may have been Mafia hits.

The truth about the brothers being responsible came after Erik Menendez confessed to his therapist and that confession tape was turned over to the police.

“They convinced, not just the media, not just the police, but their family and their friends that they were 100% innocent of these crimes, until eventually these tapes came out,” Hochman said.

The “next iteration of the story” was when Lyle Menendez allegedly asked his girlfriend to claim Jose Menendez drugged and raped her, Hochman said.

The brothers later said Erik Menendez was raped by their father and Lyle Menendez was raped by their mother, he said.

MORE: Menendez brothers timeline: From the 1989 murders to their new fight for freedom

At trial, the brothers claimed self-defense, saying they were victims of sex abuse from their father and believed their parents were going to kill them.

But Hochman claimed “the self-defense defense was a fabrication.”

Self-defense wasn’t mentioned in the confession to the therapist, according to Hochman.

“What Erik said is that [his father] was a controlling, dominating force, and that is the reason,” Hochman said. “He said the mother would be a witness to the crime, so she had to die, [and she] was so miserable because the father had an affair … [and] the mother could not live without the father.”

PHOTO: Erik Menendez with his attorney Leslie Abramson and his brother Lyle Menendez in Los Angeles, March 9, 1994. (Ted Soqui/Sygma via Getty Images, FILE)

PHOTO: Erik Menendez with his attorney Leslie Abramson and his brother Lyle Menendez in Los Angeles, March 9, 1994. (Ted Soqui/Sygma via Getty Images, FILE)

The “brothers have never come clean and admitted that they lied about their self-defense as well as suborned perjury and attempted to suborn perjury by their friends for the lies, among others, of their father violently raping Lyle’s girlfriend, their mother poisoning the family, and their attempt to get a handgun the day before the murders,” the DA said in a statement.

Hochman said the brothers “lied when they testified that when they burst into the den with their shotguns, that it was too dark to see and their parents were standing up or moving.”

“Expert testimony showed that, at all times, the parents were seated on the couch” or wounded on the ground when shot, he said.

The brothers also “lied when they testified that they thought their parents were going to kill them” on their family fishing trip one day before the murders, Hochman said.

MORE: Menendez brothers: Newsom orders parole board to investigate whether they’d pose ‘unreasonable risk’ to public if released

After Hochman’s press conference, Lyle Menendez posted on Facebook that “of all those ‘lies’ [Hochman] talked about, several of them were admitted/stipulated to in the first trial. … And several other ‘lies’ were absolutely disproven or reasonably disputed.”

Menendez family members who want the brothers released also slammed the DA’s announcement, saying Hochman is ignoring “the fact they were repeatedly abused, feared for their lives, and have atoned for their actions.”

“Erik and Lyle are not the same young boys they were more than 30 years ago,” the family said in a statement. “They have apologized for their actions, which were the results of Jose’s sexual abuse and Kitty’s enablement. They have apologized for the horrific actions they took. They have apologized to us. And, they have demonstrated their atonement through actions that have helped improve countless lives. Yet, DA Hochman is effectively asking for them to publicly apologize to a checklist of actions they took in a state of shock and fear.”

The family also attacked Hochman for what they called his “not-so-veiled insistence” that the brothers weren’t sexually abused.

Hochman “sent a message to every young boy who’s the victim of abuse that they should not come forward,” the family said.

PHOTO: Joan Andersen VanderMolen, center, speaks to the media surrounded by family members of Erik and Lyle Menendez during a news conference after a hearing in Los Angeles, Nov. 25, 2024.  (Damian Dovarganes/AP, FILE)

PHOTO: Joan Andersen VanderMolen, center, speaks to the media surrounded by family members of Erik and Lyle Menendez during a news conference after a hearing in Los Angeles, Nov. 25, 2024. (Damian Dovarganes/AP, FILE)

At Monday’s news conference, Hochman frequently referenced California Gov. Gavin Newsom’s 2022 decision to deny parole to Robert F. Kennedy’s killer, Sirhan Sirhan, citing that case as the precedent the judge should consider with the Menendez brothers.

Although Sirhan — like the Menendez brothers — spent decades in prison rehabilitating himself, including achieving degrees and participating in prison programs, and he had letters of support, Newsom denied Sirhan parole because he “failed to exhibit insight and completely accept responsibility,” making him “an unreasonable risk of danger to the community,” Hochman said.

MORE: Menendez brothers case: DA asks court to deny their petition for new trial

The court needs to “analyze whether the Menendez brothers’ lack of full insight and lack of complete responsibility for their murders overcomes … the other factors justifying a resentencing like the Menendez’s length of time in prison, their age at the time of the murders, their upbringing and any sexual abuse they experienced, their extensive rehabilitation efforts in prison including getting educational degrees and involvement in community and prison programs, any supportive letters from prison officials and victim family members, their health, and the low prison risk score,” Hochman said.

In October, then-LA County District Attorney George Gascón announced he supported resentencing for the brothers. Gascón recommended their sentences of life without the possibility of parole be removed, and said they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.

The DA’s office said its resentencing recommendations take into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.

PHOTO: Erik Menendez and his brother Lyle (R) listen during a pre-trial hearing, Dec. 29, 1992, in Los Angeles after the two pleaded innocent in the August 1989 shotgun deaths of their parents, Jose and Mary Louise Menendez. (Vince Bucci/AFP via Getty Images)

PHOTO: Erik Menendez and his brother Lyle (R) listen during a pre-trial hearing, Dec. 29, 1992, in Los Angeles after the two pleaded innocent in the August 1989 shotgun deaths of their parents, Jose and Mary Louise Menendez. (Vince Bucci/AFP via Getty Images)

Weeks after Gascón’s announcement, he lost his race for reelection to Hochman. When Hochman came into office on Dec. 3, he promised to review all the facts before reaching his own decision.

Hochman’s announcement on Monday comes days after one of the brothers’ cousins, Tamara Goodell, slammed the DA in a letter to the U.S. Attorney’s Office Civil Rights Division.

Goodell accused Hochman of being “hostile, dismissive and patronizing” during two meetings in January with family members who want the brothers released. She said the “lack of compassion was palpable, and the family left feeling not only ignored but further intimidated and revictimized.”

Goodell wants Hochman removed and the case turned over to the attorney general’s office.

Besides resentencing, the brothers have been pursuing two other paths to freedom.

One is their habeas corpus petition, which they filed in 2023 for a review of two new pieces of evidence not presented at trial: a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse from his father, and allegations from a former boy band member who revealed in 2023 that he was raped by Jose Menendez.

Hochman announced in February that he’s asked the court to deny the habeas corpus petition, arguing the new evidence isn’t credible or admissible.

The third path to freedom is through the brothers’ request for clemency, which has been submitted to Newsom.

On Feb. 26, Newsom announced that he’s ordering the parole board to conduct a 90-day “comprehensive risk assessment” investigation into whether the brothers pose “an unreasonable risk to the public” if they’re granted clemency and released.

“There’s no guarantee of outcome here,” Newsom said. “But this process simply provides more transparency … as well as provides us more due diligence before I make any determination for clemency.”

Menendez brothers case: DA asks court to withdraw resentencing motion, calls self-defense claims ‘lies’ originally appeared on abcnews.go.com



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