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NEW YORK (AP) — President-elect Donald Trump’s lawyers formally asked a judge Monday to throw out his hush money criminal conviction , arguing that continuing the case would present unconstitutional “disruptions to the institution of the Presidency.“ In a filing made public Tuesday, Trump’s lawyers told Manhattan Judge Juan M. Merchan that anything short of immediate dismissal would undermine the transition of power, as well as the “overwhelming national mandate" granted to Trump by voters last month. They also cited President Joe Biden’s recent pardon of his son, Hunter Biden, who had been convicted of tax and gun charges . People are also reading... “President Biden asserted that his son was ‘selectively, and unfairly, prosecuted,’ and ‘treated differently,’" Trump’s legal team wrote. Manhattan District Attorney Alvin Bragg, they claimed, had engaged in the type of political theater "that President Biden condemned.” Prosecutors will have until Dec. 9 to respond. They have said they will fight any efforts to dismiss the case but have indicated a willingness to delay the sentencing until after Trump’s second term ends in 2029. In their filing Monday, Trump's attorneys dismissed the idea of holding off sentencing until Trump is out of office as a “ridiculous suggestion.” Following Trump’s election victory last month, Merchan halted proceedings and indefinitely postponed his sentencing, previously scheduled for late November, to allow the defense and prosecution to weigh in on the future of the case. He also delayed a decision on Trump’s prior bid to dismiss the case on immunity grounds. Trump has been fighting for months to reverse his conviction on 34 counts of falsifying business records to conceal a $130,000 payment to porn actor Stormy Daniels to suppress her claim that they had sex a decade earlier. He says they did not and denies any wrongdoing. The defense filing was signed by Trump lawyers Todd Blanche and Emil Bove, who represented Trump during the trial and have since been selected by the president-elect to fill senior roles at the Justice Department. Taking a swipe at Bragg and New York City, as Trump often did throughout the trial, the filing argues that dismissal would also benefit the public by giving him and “the numerous prosecutors assigned to this case a renewed opportunity to put an end to deteriorating conditions in the City and to protect its residents from violent crime.” Clearing Trump, the lawyers added, would also allow him to “to devote all of his energy to protecting the Nation.” Merchan hasn’t yet set a timetable for a decision. He could decide to uphold the verdict and proceed to sentencing, delay the case until Trump leaves office, wait until a federal appeals court rules on Trump’s parallel effort to get the case moved out of state court or choose some other option. An outright dismissal of the New York case would further lift a legal cloud that at one point carried the prospect of derailing Trump’s political future. Last week, special counsel Jack Smith told courts that he was withdrawing both federal cases against Trump — one charging him with hoarding classified documents at his Florida estate, the other with scheming to overturn the 2020 presidential election he lost — citing longstanding Justice Department policy that shields a president from indictment while in office. The hush money case was the only one of Trump’s four criminal indictments to go to trial, resulting in a historic verdict that made him the first former president to be convicted of a crime. Prosecutors had cast the payout as part of a Trump-driven effort to keep voters from hearing salacious stories about him. Trump’s then-lawyer Michael Cohen paid Daniels. Trump later reimbursed him, and Trump’s company logged the reimbursements as legal expenses — concealing what they really were, prosecutors alleged. Trump has said the payments to Cohen were properly categorized as legal expenses for legal work. A month after the verdict, the Supreme Court ruled that ex-presidents can’t be prosecuted for official acts — things they did in the course of running the country — and that prosecutors can’t cite those actions to bolster a case centered on purely personal, unofficial conduct. Trump’s lawyers cited the ruling to argue that the hush money jury got some improper evidence, such as Trump’s presidential financial disclosure form, testimony from some White House aides and social media posts made during his first term. Prosecutors disagreed and said the evidence in question was only “a sliver” of their case. If the verdict stands and the case proceeds to sentencing, Trump’s punishments would range from a fine to probation to up to four years in prison — but it’s unlikely he’d spend any time behind bars for a first-time conviction involving charges in the lowest tier of felonies. Because it is a state case, Trump would not be able to pardon himself once he returns to office. Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission. Be the first to know Get local news delivered to your inbox!Pope Francis kicks off a yearlong Jubilee that will test his stamina and Rome's patience VATICAN CITY (AP) — Pope Francis has opened the great Holy Door of St. Peter's Basilica. The ceremony kicks off the 2025 Holy Year. It's a celebration of the Catholic Church that is expected to draw some 32 million pilgrims to Rome. And it will test the pope’s stamina and the ability of the Eternal City to welcome them. This begins the Christmas Eve Mass. The ceremony inaugurates the once-every-25-year tradition of a Jubilee. Francis has dedicated the 2025 Jubilee to the theme of hope. Bethlehem marks a second subdued Christmas during the war in Gaza BETHLEHEM, West Bank (AP) — Bethlehem is marking another somber Christmas Eve under the shadow of war in Gaza. Manger Square lacked its usual festive lights and crowds of tourists on Tuesday. Instead, the area outside the Nativity Church was quiet. The church was built atop the spot where Jesus is believed to have been born. The war, the violence in the occupied West Bank it has spurred and the lack of festivities has deeply hurt Bethlehem's economy. The town relies heavily on Christmas tourism. The economy in the West Bank was already reeling because of restrictions placed on laborers preventing them from entering Israel during the war. Heavy travel day off to a rough start after American Airlines briefly grounds all flights WASHINGTON (AP) — American Airlines briefly grounded flights nationwide due to a technical problem just as the Christmas travel season kicked into overdrive and winter weather threatened more potential problems for those planning to fly or drive. Government regulators cleared American flights to get airborne Tuesday about one hour after the Federal Aviation Administration ordered a national ground stop, which prevented planes from taking off. American said in an email that the problem was caused by an issue with a vendor technology that maintains its flight operating system. The flight-tracking site FlightAware reported that more than 3,200 flights entering or leaving the U.S., or serving domestic destinations, were delayed. Twenty-eight flights were canceled. Middle East latest: Israel expels patients from a hospital in Gaza TEL AVIV, Israel (AP) — The Palestinian Health Ministry says Israeli soldiers raided a hospital in isolated northern Gaza after forcing all the patients and most of the doctors to leave. The Israeli military confirmed its troops had entered the Indonesian Hospital in the town of Jabaliya on Tuesday, as part of an operation searching for Hamas fighters. Winter is hitting the Gaza Strip and many of the nearly 2 million Palestinians displaced by the devastating 15-month war are struggling to protect themselves from the wind, cold and rain. In the occupied West Bank, the Palestinian city of Bethlehem was marking a somber Christmas Eve under the shadow of war in Gaza, with most festivities cancelled and crowds of tourists absent. Caitlin Clark honored as AP Female Athlete of the Year following her impact on women's sports Caitlin Clark has been named the AP Female Athlete of the Year after raising the profile of women’s basketball to unprecedented levels in both college and the WNBA. She led Iowa to the national championship game, was the top pick in the WNBA draft and captured rookie of the year honors in the league. Fans packed sold-out arenas and millions of television viewers followed her journey on and off the court. Clark's exploits also put other women's sports leagues in the spotlight. A group of 74 sports journalists from AP and its members voted on the award. Other athletes who received votes included Olympic gold medalist Simone Biles and boxer Imane Khelif. Clark’s only the fourth women’s basketball player to win the award since it was first given in 1931. Major storm pounds California's central coast, blamed for man's death and partially collapsing pier SANTA CRUZ, Calif. (AP) — A major storm has pounded California’s central coast bringing flooding and high surf that was blamed for fatally trapping a man beneath debris on a beach and later partially collapsing a pier, tossing three people into the Pacific Ocean. The storm was expected to bring hurricane-force winds and waves up to 60 feet Monday as it gained strength from California to the Pacific Northwest. Some California cities have ordered beachfront homes and hotels to evacuate early Monday afternoon. Forecasters have warned that storm swells would continue to increase throughout the day. Medellin Cartel victims demand truth and justice as cartel boss Fabio Ochoa walks free in Colombia BOGOTÁ, Colombia (AP) — The return of the notorious drug trafficker Fabio Ochoa to Colombia, following his deportation from the United States, has reopened old wounds among the victims of the Medellin cartel, with some expressing their dismay at the decision of Colombian authorities to let the former mafia boss walk free.Some of the cartel victims said on Tuesday that they are hoping the former drug lord will at least cooperate with ongoing efforts by human rights groups to investigate one of the most violent periods of Colombia’s history, and demanded that Colombian prosecutors also take Ochoa in for questioning. Man arraigned on murder charges in NYC subway death fanned flames with a shirt, prosecutors say NEW YORK (AP) — Prosecutors say a man accused of burning a woman to death inside a New York City subway train used a shirt to fan the flames, causing her to become engulfed. The suspect, identified by police as Sebastian Zapeta, was arraigned in Brooklyn criminal court on Tuesday. He faces murder charges that could put him in prison for life. Federal immigration officials say 33-year-old Zapeta is a Guatemalan citizen who entered the U.S. illegally after being deported in 2018. The apparently random attack occurred Sunday morning on a stationary F train at the Coney Island station in Brooklyn. Amsterdam court sentences 5 men over violence linked to Ajax-Maccabi soccer game THE HAGUE, Netherlands (AP) — An Amsterdam District Court has issued sentences of up to six months in jail against 5 men who were involved in violent disorder after a soccer match between the Dutch club Ajax and Israel’s Maccabi Tel Aviv in November. The riots caused an international outcry and accusations of deliberate anti-Semitic attacks. The violence following a UEFA Europa League match left 5 people in hospital. More than 60 suspects were detained. The court on Tuesday sentenced one man to 6 months in prison, another to 2 1/2 months, two to 1 month and one to 100 hours of community service.
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1 - 'Otterly' magical: Sea otter hitches ride on Sooke paddleboard , Aug. 17 A lazy sea otter caused a scene in the summer when it took a Sooke paddle boarder by surprise, climbing onboard for a lift to shore. “At first I thought it was escaping from some predators, but it showed no sign of stress, distress or injury,” said Joanie Paquin, who was exploring the waters off a Sooke beach with her sister. “It was happily just being cute and catching a ride. “It is an encounter I will remember and cherish." Whilst the experience was an unforgettable one, she and her sister were nervous being so close to a wild animal. Keeping as much of a safe distance as they could from the otter, Paquin steered the paddle board back to shore allowing her and sister to disembark and give the animal space to return to the water. “Otters can be vicious and it is important to remember that they are wild animals,” Paquin said. A warning many in Central Saanich had reason to take heed of ... (see No. 10). 2 - 'No one has given up': Search continues for 3 orphaned bear cubs in Sooke , Nov. 25 Greater Victoria’s wild 'neigh-bears' caused a stir in 2024 with multiple sightings and encounters across the region. In Colwood, a stubborn sow, her three cubs and their refusal to leave an area of Royal Bay kept locals entertained. The B.C. Conservation Officer Service made two attempts to relocate the bears – with the last in late November proving successful so far as they have not (yet) returned. In a more recent incident, a Sooke man's close encounter left him with a mouthful of bear spray when he tried to help a bruin trapped inside a fenced garbage area. But it was the plight of three orphaned bear cubs in Sooke which tugged at the heartstrings of most readers. The trio was left without a mother on Nov. 14, when the sow was hit by a vehicle and killed. Wild Wise blamed easy access to garbage as the cause of the accident. In the days following, the cubs took refuge in a tree overhanging the ocean, which made retrieval impossible. When the bears descended from the tree under the cover of darkness, they disappeared. To help locate the cubs, the public was asked to report all real-time sightings to the Conservation Officer Service. ”Experts have advised us that these cubs are approximately 10 months old and appear healthy," said Wild Wise in a statement on Nov. 24. "[They are] at an age where they would likely be weaning. "Many have advised us that there is a possibility they may hibernate together and survive on their own." As of Dec. 19, there have been no further updates about the triplets on the lam – hopefully, we'll see them alive and well in the spring. 3 - Elephant seal can stay in Oak Bay if he doesn’t ‘go rogue’: DFO, April 29 The catastrophic moult of a juvenile elephant seal in Greater Victoria spurred an epic game of Where’s Emerson this spring. Moulting elephant seals aren’t uncommon on Greater Victoria shores, but one in particular has a penchant for playing in traffic. It’s just one reason the juvenile male seal, dubbed Emerson by fans (and he has many), was relocated several times this spring. Emerson returned April 1, landing on the shores of the Gorge Waterway's Saanich section . Due to his popularity and fondness for roadways, he was relocated and quickly reappeared on the other side of the region. “He’s been all over different beaches in Oak Bay and Victoria the past week and a half, two weeks. It’s kind of like, it’s not Where’s Waldo it’s Where’s Emerson. So that’s been a challenge,” Paul Cottrell, marine mammal coordinator with Fisheries and Oceans Canada said at the end of April. 4 - PHOTOS: 2-foot long deep sea creature spotted off Victoria shores , March 21 Anything abnormal under the Salish Sea garners attention in Greater Victoria so it’s not surprise readers loved the unusual deep-sea creature captured in photos by a snorkeller on the first day of spring. Avid weekend diver and longtime Greater Victoria resident Steph Brulot-Sawchyn headed into the waves near Clover Point on March 19 alongside his brother, who quickly spotted something unusual – a two-foot-long transparent creature with a jellyfish look that neither of them recognized. He snapped a photo and shared it on the Field Naturalists of Vancouver Island Facebook page where the popular item was identified as a siphonophore – a deep sea organism. They were right about it being unusual: giant siphonophore generally live in the mesopelagic zone, 300 to 700 metres under the sea, In their usual mesopelagic – think middle sea – habitat, praya can be 30 to 50 metres long. Being so close to the surface, Moira Galbraith a marine biologist with Fisheries and Oceans Canada said it was unlikely the one photographed would wind up washed on shore. If it did, no one got a picture and posted it online. 5 - Colwood mystery: Horned sheep carcass found ashore near Esquimalt Lagoon - Sept. 11 As they walked along the beach south of Esquimalt Lagoon, Cobble Hill resident Melinda Kendall and her stepmother made the puzzling discovery of a nearly intact carcass of a horned sheep lying on its side. Initially thought to be a bighorn sheep, the animal's pristine condition and unexpected location hundreds of kilometres from its native habitat in the Canadian Rockies raised many questions. In a written statement to the Goldstream Gazette, The Ministry of Water, Land, and Resource Stewardship identified the dead sheep as a domestic mouflon ram, not a wild species. Experts estimated the ram was around six years old and may have drifted from a nearby herd and ended up ashore. Mouflons, native to parts of the Middle East and Mediterranean Europe, are considered ancestors of modern domestic sheep. These horned animals can grow up to one to two metres long and weigh as much as 55 kilograms. 6 - Warnings issued after second Greater Victoria deer attack in a week - Nov. 8 Two deer attacks in Greater Victoria prompted warnings from wildlife experts this year. On Nov. 4, after letting his dog into his backyard, a Fernwood resident heard a yelp and rushed outside to check on his pet. “Without warning, the owner was knocked down by a buck, which continued hitting him with its antlers,” the Conservation Officer Service said in an email. “The owner suffered minor injuries and managed to fight the deer off.” The dog wasn’t as lucky, however, and was forced to undergo surgery. It was the second deer attack in six days, following a similar incident in Oak Bay on Oct. 30, when a resident let their dog outside after dark. The dog was speared by its antlers, sustaining a “three-to-four-inch puncture” in its chest and was later put down. Aggressive behaviour is normal during breeding season, also called the rut, according to Lisa Lopez, the program manager of the outdoor education group WildSafeBC. 7 - Newly notorious Youbou elk named for Metchosin singer-songwriter , Oct. 4 Youbou is known for naming its wildlife, taking a Metchosin moniker for its latest rambunctious elk. The community nestled on the shores of Lake Cowichan has long honoured its wildlife, with many an elk becoming local celebrities. The latest to get a name was spotted with a rope tangled in its antlers this fall. Thus it was dubbed Jesse Roper – after the popular singer-songwriter from Metchosin. “They’re both Island staples, elk and Jesse Roper – now there’s two,” Ash said. 8 - Brave Little Hunter's orca family visits Victoria's Inner Harbour , Oct. 7 Killer whale sightings off the coastline of Greater Victoria never prove tiresome, so it comes as no surprise the marine mammals continued to make a splash in the news in 2024. But the family of orphan orca, Brave Little Hunter, caused the biggest splash in October when it visited Victoria’s Inner Harbour. A pod of five, identified as T109As, was caught on camera by former whale-watching tour operator Jackie Cowan. Among them was the grandmother of Brave Little Hunter, the famous calf, which has been surviving alone in the wild after escaping from a tidal lagoon off northwest Vancouver Island in late April. There was no sign of the calf with the pod. "I had been staring out at the harbour for years, waiting for this moment,” said Cowan. “I was vibrating all over.” 9 - Good karma chameleon: Sooke social media rescues lizard on the loose , Oct. 23 More commonly found in the wilds of Madagascar and Africa, a chameleon out for a stroll in Sooke had eyebrows raised in October. “Anyone missing a chameleon by the sports box off Phillips Road?” said Tanya Green in a social media post, which sparked a frenzied search for the lizard on the loose. More than 20 people turned up to help find the animal, known for their ability to change colour to camouflage themselves against their surroundings. Against all the odds, the reptile was found and taken into the care of staff at Sooke Veterinary Hospital. And his rescue came just in the nick of time, with temperatures plummeting, and showing signs of dehydration and a weakened immune system, the cold-blooded chameleon was potentially days away from death. The chameleon’s good luck continued when thanks to the Sooke News Mirror story, his owners came forward to claim him. It was then vet clinic staff discovered just how incredible Zeke the chameleon’s story was – he had been missing since mid-August. How the domesticated chameleon survived over two months in the wild remains a mystery, but vet Dr Andrew Crookes, who has a special interest in exotic pets, said Sooke’s semi-Mediterranean climate in August and September will have met Zeke’s needs “reasonably well.” Regardless of how Zeke survived, there is one thing Crookes is certain of. “He’s one tough critter,” he said. “I'm pretty blown away by his story." 10 - Otters fatally injure dog, threaten another at Central Saanich beach , Aug. 19 In stark contrast to Sooke’s cute paddle-boarding sea otter, visitors to a popular Central Saanich beach were on the lookout for a bevy of aggressive river otters. According to witnesses, the otters were "targeting" dogs, with one encounter proving fatal. A married couple who witnessed the first attack in late July at Island View Beach, said they saw a golden retriever swim toward a group of otters who quickly turned on the dog, biting and holding it underwater. The woman said a man ran into the water to help the dog, but when he also showed signs of distress, her husband went in after them. “And so my husband started doing a rescue, like a person, keeping the (dog’s) head up,” she said. “And the otters just continued darting at them until they got in. Then people were throwing things to try to scare the otters.” According to unconfirmed reports, the dog was later euthanized because of its injuries. Weeks later, James Younger and his dog Lou were confronted by five aggressive river otters at the same beach. “They came out of the water in front of me, in a line, making these really weird grunting and growling sounds,” Younger said. In an attempt to defend himself and his dog, Younger picked up a seven-foot log, swinging it back and forth, yelling at the otters, which he describes as “vile, evil and nasty creatures.” The professional dog walker said he believes the otters are targeting dogs, specifically those that resemble golden retrievers, which he says is a learned behaviour from previous generations of the same otter family. In an attempt to raise awareness, the Capital Regional District developed temporary 'caution otter in area' signs for the beach.Cubs acquire All-Star outfielder Kyle Tucker in trade with the Astros