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    Judge Rejects Hunter Biden Claim of Selective Prosecution in Gun Case

    Judge Maryellen Noreika declined to dismiss the charges against the president’s son, saying Mr. Biden’s lawyer failed to show prosecutors had been motivated by animus.The federal judge presiding over Hunter Biden’s gun case in Delaware on Friday rejected Mr. Biden’s claim that he was being subjected to selective prosecution, saying it was “nonsensical” that the Biden Justice Department would target the president’s son.Abbe Lowell, Hunter Biden’s lawyer, has filed a flurry of motions in the Delaware gun case and a separate indictment in California on tax charges, accusing the government of unfairly singling out his client at the instigation of Republicans and seeking to dismiss the charges. None of those challenges have been successful so far.Judge Maryellen Noreika, who scuttled a plea deal reached between prosecutors and Mr. Biden last summer, said that Mr. Lowell failed to provide evidence that prosecutors had been motivated by animus against Hunter Biden.The “defendant’s claim is effectively that his own father targeted him for being his son, a claim that is nonsensical under the facts here,” Judge Noreika wrote in her 25-page decision.The judge also rejected Mr. Lowell’s claim that David C. Weiss, the special counsel and U.S. attorney in Delaware, had only decided to bring charges against Hunter Biden because of pressure from Republicans in Congress who claimed attempts to reach a plea agreement last year were a “sweetheart deal” intended to protect the Bidens.“Regardless of whether congressional Republicans attempted to influence the executive branch, there is no evidence that they were successful in doing so,” she wrote.A federal grand jury in Wilmington indicted Hunter Biden in September on charges that he lied about his drug use on an application for a Colt pistol in 2018.In response to a question on the form about whether he was using drugs, Mr. Biden said he was not, an assertion that prosecutors concluded was false. Mr. Biden has publicly acknowledged his struggles with addiction to crack cocaine and alcohol and had been in and out of rehab around the time of the gun purchase.If convicted, Mr. Biden could face up to 25 years in prison and $750,000 in fines. But nonviolent first-time offenders who have not been accused of using the weapon in another crime rarely get serious prison time for the charges.The decision to file criminal charges against President Biden’s troubled son was an extraordinary step for the Justice Department and Mr. Weiss after the last-minute collapse of a deal that would have granted Hunter Biden broad immunity from future prosecution on gun and tax charges without serving prison time.In December, a separate federal grand jury in Los Angeles charged the president’s son with a scheme to evade federal taxes on millions in income from foreign businesses.Hunter Biden faces three counts each of evasion of a tax assessment, failure to file and pay taxes, and filing a false or fraudulent tax return, according to the 56-page indictment.Both trials are scheduled to begin in June, although the schedules are subject to change. More

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    Arkansas Airport Executive Dies After Shootout With A.T.F.

    The authorities said they were executing a search warrant at the home of the executive, whom they accused of illegally selling firearms. His family said the action was unnecessary.The executive director of Arkansas’s largest airport died on Thursday after being wounded in a shootout this week with federal agents who were executing a search warrant at his home, the authorities said.According to the authorities, Bryan Malinowski, 53, the director of the Bill and Hillary Clinton National Airport in Little Rock, shot at agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives, who then returned fire as they tried to carry out the search warrant on Tuesday.One A.T.F. agent suffered a gunshot wound that was not life-threatening, the authorities said.In a 51-page affidavit that was unsealed on Thursday, officials offered insight into what had led to the early-morning search warrant in suburban Little Rock, which Mr. Malinowski’s family has criticized as unnecessary and dangerous.The authorities accused Mr. Malinowski of having purchased more than 100 guns in recent years and of illegally selling many of them, including at least three that were later found to be connected with a crime. Mr. Malinowski first bought the guns legally, checking a box on purchase forms stating that the guns were for himself, before selling them privately to individuals, the affidavit states.He would go to gun shows, the affidavit said, including two in Arkansas and one in Tennessee, and sell guns to people “without asking for any identification or paperwork.”Photographs included in the redacted affidavit show Mr. Malinowski at a gun show, standing behind a booth filled with firearms. The affidavit also states that Mr. Malinowski had sold guns to two undercover agents who were investigating him.Mr. Malinowski’s family said in a statement issued by their lawyer that they did not understand the government’s decisions that had “led to a dawn raid on a private home and triggered the use of deadly force.”The family added that while they were “obviously concerned about the allegations in the affidavit,” they still believed that the accusations did not “justify what happened.”“At worst, Bryan Malinowski, a gun owner and gun enthusiast, stood accused of making private firearm sales to a person who may not have been legally entitled to purchase the guns,” the family said.The A.T.F. did not immediately respond to calls seeking comment Thursday night.The Arkansas State Police said in a statement that the results of an investigation would be presented to a prosecuting attorney, who would “determine whether the use of deadly force was consistent with Arkansas law.”Mr. Malinowski began working at the Clinton National Airport in 2008 and became executive director in 2019, according to his biography on the airport’s website. He previously held leadership roles at other airports, including in Fort Lauderdale, Fla.; El Paso; and Lehigh County, Pa.The Clinton National Airport said in a statement on Thursday that under Mr. Malinowski’s leadership, “our airport has experienced significant growth and success, expanding services and offerings to our community and state.” More

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    Alec Baldwin Seeks Dismissal of ‘Rust’ Manslaughter Indictment

    Lawyers for the actor have begun his defense by denouncing the way the prosecutors carried out grand jury proceedings.Lawyers for Alec Baldwin filed court papers on Thursday seeking to dismiss the involuntary manslaughter indictment against him related to the fatal shooting on the “Rust” movie set, arguing that prosecutors did not properly present the grand jury with evidence that could have supported his case.Mr. Baldwin — who was practicing drawing a gun he had been told was safe when it discharged a live bullet, killing the film’s cinematographer, Halyna Hutchins, in 2021 — has been largely quiet about the criminal case since it was revived in January by prosecutors who have accused him of failing to observe firearm safety measures on set.But in the 52-page filing on Thursday, Mr. Baldwin’s lawyers made a full-throated denunciation of the case against the actor, asserting that the prosecutors have “publicly dragged Baldwin through the cesspool created by their improprieties,” resulting in the criminal case “hanging over his head” for more than two years.“Enough is enough,” said the filing, which was signed by Luke Nikas, a member of Mr. Baldwin’s team of lawyers. “This is an abuse of the system, and an abuse of an innocent person whose rights have been trampled to the extreme.”The filing by Mr. Baldwin’s lawyers cited a New Mexico Supreme Court decision in which the court dismissed an indictment after finding that the prosecution “prevented the grand jury from inquiring into the facts demonstrating probable cause” and “failed to act in a fair and impartial manner when instructing the grand jury.”The lead prosecutor, Kari T. Morrissey, declined to comment on the specifics of the motion but said, “Our response will be filed with the court.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Prosecutors Charge Man With Firing Shots Outside the Capitol on Jan. 6

    The charges once again laid bare one of the most persistent myths about the attack promoted by pro-Trump politicians and media figures: that none of the rioters were armed.A Trump supporter who prosecutors say fired a pistol into the air on the grounds of the Capitol as a mob stormed the building on Jan. 6, 2021, was charged on Friday with firearm offenses, trespassing and interfering with law enforcement officers during a civil disorder.The man, John Banuelos, fired at least two shots into the air while standing above the crowd on scaffolding on the west side of the Capitol, according to a criminal complaint unsealed in Federal District Court in Washington. It does not appear that Mr. Banuelos entered the Capitol. But before the shots were fired, prosecutors say, he posed for a photo wearing a “Trump 2020” cowboy hat and showing off a pistol tucked into his waistband.One of the most persistent lies about the Capitol attack — often made by Republican politicians and right-wing media figures — is that none of the hundreds of rioters who stormed the building had guns. On Thursday night, former President Donald J. Trump repeated the false claim on social media while responding to remarks about Jan. 6 that President Biden had made during his State of the Union address.“The so-called ‘Insurrectionists’ that he talks about had no guns,” Mr. Trump wrote. “They only had a Rigged Election.”But the Justice Department’s sprawling investigation of Jan. 6 has revealed that several people at the Capitol were carrying firearms that day. Altogether, more than 1,300 rioters have been charged in connection with the attack and arrests continue almost daily.A photo used in a Justice Department criminal complaint, showing a Jan. 6 rioter prosecutors identified as John Banuelos with a gun in his waistband.Justice DepartmentGuy Wesley Reffitt, a militiaman from Texas, was wearing a pistol on his hip when he led a charge of rioters up a staircase on the west side of the Capitol, according to testimony at his trial — the first of dozens to have taken place in Washington connected to the events of Jan. 6. Mr. Reffitt was ultimately convicted of a gun charge and other felonies and was sentenced to more than seven years in prison.Among the other rioters who were carrying firearms on Jan. 6 are Christopher Alberts, a former Virginia National Guard member who charged the police outside the Capitol with a loaded 9-millimeter pistol, prosecutors say. Mr. Alberts was convicted of multiple felony charges and sentenced to seven years in prison.A rioter named Mark Mazza brought two guns to the Capitol — a .40-caliber semiautomatic pistol and a Taurus revolver loaded with shotgun shells and hollow-point bullets, prosecutors say. Mr. Mazza was sentenced to five years in prison.Prosecutors did not identify what type of pistol Mr. Banuelos was carrying on Jan. 6, but they said in their complaint that he was not licensed to have it. Among the charges he faces are carrying and discharging a firearm on the Capitol grounds.After firing the shots, prosecutors said, Mr. Banuelos slipped the weapon back into his waistband, climbed down from the scaffolding and rejoined the crowd. More

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    What the ‘Rust’ Trial Says About the Case Against Alec Baldwin

    The trial of the “Rust” armorer offered a preview of the case against Mr. Baldwin, who is set to stand trial on an involuntary manslaughter charge in July.The trial of the armorer on the film “Rust,” who was convicted of involuntary manslaughter this week for putting live ammunition into a gun that went off on the set and killed the cinematographer, offered a preview of the criminal case prosecutors are building against Alec Baldwin, who was handling the gun when it fired.A grand jury indicted Mr. Baldwin in January on a charge of involuntary manslaughter, which carries up to 18 months in prison. He pleaded not guilty; his trial is set for July.Mr. Baldwin was practicing drawing an old-fashioned revolver when the gun fired on Oct. 21, 2021, killing the film’s cinematographer, Halyna Hutchins, and wounding its director. He has denied responsibility from the beginning, telling investigators that he had been told the gun did not contain live ammunition, and noting that live ammunition was supposed to be banned on the set. He also denied pulling the trigger, saying that the gun went off after he pulled its hammer back and released it; a forensic analysis commissioned by prosecutors found that he must have pulled the trigger for it to go off.Prosecutors have argued that Mr. Baldwin failed to observe firearms safety measures.“Alec Baldwin’s conduct and his lack of gun safety inside that church on that day is something that he’s going to have to answer for,” Kari T. Morrissey, the lead prosecutor in the case, said during the closing arguments in the trial of the film’s armorer, Hannah Gutierrez-Reed. “That’ll be with another jury on another day.”Some of the evidence and testimony presented at the trial of Ms. Gutierrez-Reed could help Mr. Baldwin’s case; other things that emerged in court could undermine it. Here’s a look at evidence that could play a role at his trial.Jurors at Hannah Gutierrez-Reed’s trial watched video of Mr. Baldwin shooting blanks from a revolver on the set of “Rust.”Gabriela Campos/Agence France-Presse, via Getty ImagesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Public Workers Joined Ring That Stole IDs of Homeless People, D.A. Says

    Eighteen people, including nine New York City public employees, were charged with joining a conspiracy that made ghost guns and defrauded a state Covid relief program.Eighteen people, including nine public employees, engaged in a broad criminal conspiracy that included the manufacture of ghost guns, burglary and defrauding a state pandemic relief program, according to four indictments filed Thursday by the Manhattan district attorney.The defendants include five employees of New York City’s Department of Homeless Services, a letter carrier for the U.S. Postal Service, a worker for the Metropolitan Transportation Authority, an employee of the New York City Housing Authority and a school safety police officer.The Homeless Services workers were involved in a scheme to steal the personal information of homeless people to file for fraudulent benefits, the district attorney, Alvin L. Bragg, said.“This kind of conduct by our public servants is unacceptable and, we allege, criminal,” Mr. Bragg said at a news conference on Thursday.The investigation began in 2022 with suspicions that two people were using 3-D printers to manufacture ghost guns — untraceable firearms that can be assembled at home — in an apartment in the East Village. Evidence uncovered after the execution of a search warrant confirmed that Craig Freeman, 56, and another defendant had used eBay and Amazon to purchase machines and materials to build illegal guns in their homes. Both were employees of the Barbara Kleiman homeless shelter in East Williamsburg, Brooklyn.In the summer of 2022, Mr. Freeman got a text message from a co-defendant saying, “We can make some serious bank.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    A Plush Dog, Samurai Sword and 42,439 Guns: Inside an N.Y.P.D. Basement

    A Plush Dog, Samurai Sword and 42,439 Guns: Inside an N.Y.P.D. BasementIn the office of the Manhattan Property Clerk, evidence and lost items arrive by the tens of thousands. A small band of officers and civilians has to manage never-ending pressure.Feb. 14, 2024Charmain Carryl moved with purpose through the dim, cavernous room.She turned down a shadowy aisle of rolling library stacks and scanned the shelves until her eyes landed on the aim of her pursuit: a samurai sword.The sheathed blade, an identification tag tied to its golden hilt, is just one oddity kept in the basement of New York Police Department headquarters.The office of the Manhattan Property Clerk, as it is known, is a subterranean repository for lost objects and the tangible aftermath of crime and misadventure. Ms. Carryl has been a police evidence and property specialist there for more than a decade. Thousands of people walk through One Police Plaza each day not knowing an archive that allows the criminal justice system to run is just one story below their feet.Every piece of evidence stored in the basement resides in its own plastic bag, never to be opened while underground.Almost every item that passes through the borough’s 22 precincts must go to the basement to be numbered and cataloged to be held as evidence for a trial or wait for its rightful owner. Some objects come from crime scenes. Others were turned in after they were left behind on a park bench or a sidewalk.Ms. Carryl supervises the meticulous bookkeeping. She keeps track of the expected — guns, drugs, samples of DNA — and the bizarre: a gold dental grill, a half-drunk bottle of Smirnoff and a weathered brown suitcase. It is stuffed with muskets.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    After the Iowa Shooting, Demands That Politicians Act

    More from our inbox:Motivating Young People to Vote for Biden‘A Glimmer of Hope’Immigration Judges Are Needed. I Volunteer!The Inmates and the CatsParents picked up their children from a reunification center in Perry, Iowa, on Thursday morning.Rachel Mummey for The New York TimesTo the Editor:Re “One Confirmed Dead Among Several Victims in Iowa School Shooting” (news article, Jan. 5):It has happened again, this time in Perry, Iowa, and it will keep happening until voters confront the politicians. With a majority of Americans saying they favor stricter gun laws such as universal background checks, there is no better time than now, in this election year, for voters to ask the candidates to support efforts to reduce gun violence in America.Republicans, especially recently, are demanding yes or no answers to critical questions. In town halls and at rallies and caucuses, candidates need to be confronted: Will you commit to specific steps to insure the safety of our schoolchildren, yes or no?There is no better time or place to demand yes or no answers to questions about gun safety than in Iowa in the next two weeks.David SimpsonRindge, N.H.To the Editor:I’m distressed and angered about another public school shooting — and there is still no action from state and local governments regarding protecting our children from these violent acts. As a public-school teacher and a parent, I fear for my own children as well as my students.We know we need to keep guns out of the hands of violent and mentally unstable people, but we also need to keep people who are violent out of our schools. We need changes to our laws and policies if we are going to stop this epidemic of gun violence against our children.Kathryn FamelyFalmouth, Mass.To the Editor:Re “In Nashville, Parents Believed Time Had Come for Gun Limits” (front page, Dec. 29):The parents of Tennessee children who were present during the Covenant School mass shooting last March deserve all the credit in the world for standing up to be counted in the fight against the madness of the easy access to firearms in this country.In some ways, fighting for change in an extremely red state like Tennessee is at the same time more difficult and frustrating, yet also more valuable.When a Republican or a conservative person is persuaded that we need to strengthen common-sense gun laws, eliminate the gun show loophole and ban the sale of high-speed automatic rifles, the accomplishment is greater. Most Democrats already favor such restrictions.The stories of these parents’ encounters with Tennessee lawmakers, while inspiring, are also infuriating. It seems unfathomable that a legislator would sympathize in private with these parents who are trying to make the world safer for schoolchildren, yet then vote against any measure that might actually accomplish that goal.For these parents and others frustrated and enraged by these gutless lawmakers, I can suggest one other tactic. Perhaps only the thought of political defeat would be persuasive. It may seem unpalatable for a lifelong conservative Republican to vote for the Democratic candidate, yet doing so once over this life-or-death issue may be the only way to alter the behavior of obstinate politicians.Marc SpringerBrookline, Mass.Motivating Young People to Vote for Biden Damon Winter/The New York TimesTo the Editor:Re “Young Voters Have an Entirely Different Concept of Politics,” by Michelle Cottle (Opinion, Jan. 3):Ms. Cottle brings up the problem of President Biden’s lack of appeal to young voters. Mr. Biden’s strongest suit is still this: He’s not Donald Trump.If young voters care about the environment, all Democrats have to do is feature Mr. Trump’s “I want to drill, drill, drill!” remark in their ads, along with his comments ignoring climate change.Even more important is Mr. Trump’s nominating for the Supreme Court conservative justices who have taken away women’s rights over their own bodies.If young voters aren’t feeling motivated to vote by these issues, they should be.Christine GrafSt. Paul, Minn.To the Editor:I absolutely agree with Michelle Cottle’s observation that Bernie Sanders was crucial to Joe Biden’s support among young people in the 2020 election. If you compare this year’s primary season with the 2020 one, this year’s so far is very lackluster for the Democrats.To give it the energy of the 2020 primary season, Mr. Biden needs to put Bernie Sanders — and Elizabeth Warren — on the road again, especially on college campuses. And they need to talk about what they hope to accomplish in a second Biden administration, not just about what has been accomplished so far.These two will provide the energy and vision that young people crave and will give them the motivation to show up at the polls on Election Day.Paul MarshLansing, Mich.‘A Glimmer of Hope’Students playing between classes this month at the Hand in Hand school in Jerusalem.Tamir Kalifa for The New York TimesTo the Editor:Re “In a Jewish-Arab School, an Oasis From Division but Not From Deep Fears” (news article, Jan. 1):I was delighted to read this story on the first day of 2024. Day after day reading about the atrocities committed in Israel and the resulting horrors happening in Gaza has been so depressing. Reading 9-year-old Ben, a “religious Jew,” say that his best friend is Arab gave me a glimmer of hope for the future.Scott BaleStamford, Conn.Immigration Judges Are Needed. I Volunteer! Fred Ramos for The New York TimesTo the Editor:Re “Migrant Surge Stretches U.S. Border Patrol Thin” (front page, Dec. 29):I am a recently retired lawyer. Your description of the unmanageable burdens immigration is placing on our resources jolted me to ponder an untapped but significant solution to the limited number of immigration judges needed to process the backlog of asylum cases (as distinguished from the more complex deportation proceedings).There are thousands of ready, willing and able retired lawyers and judges throughout our country who could be quickly trained and qualified locally or online to process asylum cases.Many in this cohort already voluntarily serve our state and federal courts as appointed and volunteer lawyers for those who cannot afford a lawyer. Many also serve as court-appointed court mediators without compensation. I suggest that activating these resources would rapidly reduce the huge backlog of asylum cases.I hereby volunteer if anyone at the Departments of Justice or Homeland Security wants my help.Les WeinsteinLos AngelesThe writer is a member of the California State Bar and a former U.S. Department of Justice trial lawyer.The Inmates and the Cats Cristobal Olivares for The New York TimesTo the Editor:I’m glad that “Cats Filled This Chilean Prison. Then, the Inmates Fell in Love” ran on the front page of the very first paper of 2024.There’s no end to bad news, and it was uplifting to read about programs that connect prisoners with animals and specifically about Chillona, “a relaxed black cat that has become the darling of a nine-man cell crammed with bunk beds.”Bonding with pets apparently leads to an increase in empathy and a decrease in recidivism. When the inmates in Santiago care for the cats, the cats, in return, offer “love, affection and acceptance.”Talk about a win-win.Carol WestonNew York More