Modesto couple identified in Tracy woman’s slaying

The Alameda County Sheriff’s Office identified the Modesto couple Tuesday that was arrested after a 19-year-old woman, on her death bed, named one of them as a suspect, investigators.

Daniel Gross, 19, and Melissa Leonardo, 25, were arrested Monday at the home where they live in Modesto. The two are believed to be in a dating relationship, according to the sheriff’s office. Both are being held in the Santa Rita Jail in Alameda County.

Lizette Andrea Cuesta, 19, was left still alive on the side of a road outside Livermore after she was stabbed multiple times, deputies said.

Cuesta crawled about 100 yards up to Tesla Road, near Interstate 580, and was found about 2 a.m. Monday by two good Samaritans from Modesto who were on their way to work.

The coworkers tried to comfort Cuesta, grabbed a blanket for her in the cold darkness and said a prayer with her until first responders arrived.

Cuesta was taken by helicopter to Eden Hospital in Castro Valley, where she gave investigators what’s known as a “dying declaration.” She named Gross as a suspect, officers said.

Two hours later, Cuesta died.

Investigators believe Cuesta got into the suspects’ car willingly, according to Alameda County sheriff’s Sgt. Ray Kelly, but have not detailed what led up to the deadly stabbing.

Detectives will look at video evidence during the investigation, and officers added that there was “tremendous evidence” found at the crime scene, Kelly said.

No additional details have been released.

Stay with KCRA for updates.

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Russian Threat To Elections To Persist Through 2018, Spy Bosses Warn Congress

FBI Director Christopher Wray (from left), CIA Director Mike Pompeo, Director of National Intelligence Dan Coats, Defense Intelligence Agency Director Lt. Gen. Robert Ashley, NSA Director Adm. Michael Rogers and National Geospatial-Intelligence Agency Director Robert Cardillo testify before the Senate intelligence committee on Tuesday.

Chip Somodevilla/Getty Images


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FBI Director Christopher Wray (from left), CIA Director Mike Pompeo, Director of National Intelligence Dan Coats, Defense Intelligence Agency Director Lt. Gen. Robert Ashley, NSA Director Adm. Michael Rogers and National Geospatial-Intelligence Agency Director Robert Cardillo testify before the Senate intelligence committee on Tuesday.

Chip Somodevilla/Getty Images

Updated at 3:52 p.m. ET

Russian influence operations in the United States will continue through this year’s midterm elections and beyond, the nation’s top spies warned Congress on Tuesday.

Director of National Intelligence Dan Coats told the Senate intelligence committee that Moscow viewed its attack on the 2016 election as decidedly worthwhile given the chaos it has sown compared with its relatively low cost.

“There should be no doubt that Russia perceived that its past efforts as successful and views the 2018 U.S. midterm elections as a potential target for Russian midterm operations,” Coats said.

The top intelligence officials in America were on Capitol Hill Tuesday because the Senate Select Committee on Intelligence convened its annual hearing on “worldwide threats.”

The hearing takes place every year, but this year’s installment convened amid an ongoing Department of Justice and FBI counterintelligence investigation into whether President Trump’s campaign might have conspired with the Russians who attacked the 2016 election.

It also followed reports about the losses of U.S. agents overseas, the theft of the NSA’s secret spying software and other major setbacks in the intelligence business.

More broadly, the world itself is also getting more dangerous, as senators heard.

“The risk of inter-state conflict is higher than any time since the Cold War,” Coats told senators in his opening statement.

Along with Coats, also answering questions from lawmakers were CIA Director Mike Pompeo, FBI Director Christopher Wray and National Security Agency Director Adm. Mike Rogers, as well as the heads of the Defense Intelligence Agency and National Geospatial-Intelligence Agency, Lt. Gen. Robert Ashley and Robert Cardillo, respectively.

The intelligence bosses were asked to restate their support for the 2017 report that concluded Russia had waged a campaign of what spies call “active measures” against the 2016 election. All of them did.

President Trump goes back and forth about whether he accepts there was such an attack or whether it was a “hoax” waged by sore-loser Democrats.

Sen. Angus King, I-Maine, said he was frustrated at trying to warn his constituents about the threat from foreign interference when voters were able to point to Trump’s comments and question whether it was actually happening.

But lawmakers on both sides of the aisle, as well as the intelligence officials, spoke to the importance of at least speaking clearly about the Russian threat, even as the issue of whether the president’s campaign colluded with the Russians remains an open question under investigation by DOJ special counsel Robert Mueller.

“We need to inform the American public that this is real, that this is going to be happening, and the resilience needed for us to stand up and say we’re not going to allow some Russian to tell us how to vote, how we ought to run our country,” Coats said, in response to questions from Sen. Susan Collins, R-Maine. “I think there needs to be a national cry for that.”

Members of the Senate committee differed on how well they thought the United States is preparing for continued influence operations against the democratic process.

Vice Chairman Mark Warner, D-Va., said he was frustrated by what he called a lack of action and a lack of coordination inside the intelligence agencies.

“We’ve had more than a year to get our act together and address the threat posed by Russia and implement a strategy to deter further attacks,” Warner said. “But I believe we still don’t have a comprehensive plan.”

Sen. Jim Risch, R-Idaho, on the other hand, said extensive discussions in Congress and in the press since 2016 meant that Americans now know better what to expect.

“I think the American people are ready for this,” Risch said. “I think they’re going to look askance a lot more at the information attempting to be passed out through social media.”

Facebook and Twitter and other online platforms have become key conduits for disinformation that originates in Russia and attempts to amplify political division between Americans.

Credit: AP

“It’s been ridiculous”

Pompeo used part of the hearing to try to correct the record. He faulted stories in the New York Times and The Intercept last week that said American intelligence officials paid $100,000 to a “shadowy Russian” in an effort to get back stolen National Security Agency cyberweapons.

Not only did American spies want to recover stolen secrets but they also were offered material described as compromising about Trump, according to the stories.

That didn’t happen, the CIA director said.

“Reporting on this matter has been atrocious, it’s been ridiculous, it’s been totally inaccurate,” Pompeo said, adding that the CIA did not “provide any resources, no money” for what he called “phony information.”

There was no information as to whether another intelligence agency or government department might have paid to try to recover the NSA material.

The Senate committee also discussed the nuclear missile threat from North Korea and the “instability,” as Coats described it, of that country’s leader, Kim Jong Un.

North Korea staged a massive military parade last week, showcasing its tanks and missiles, ahead of the Winter Olympics’ opening ceremony in South Korea. It also has sent a contingent of athletes and cheerleaders to the Olympics, but DIA’s Ashley said nothing has changed about the North’s dangerous aims toward its neighbors or the United States.

“Decision time is becoming ever closer in terms of how we respond to this,” Coats said. “We have to face the fact that this is a potentially existential problem for the United States.”

Intellectual property theft by China, terrorist groups like ISIS and al-Qaida, and drugs crossing the Southern border from Mexico also came up, but the hearing kept coming back to the broad peril involved with cyberattacks.

“Cyber is clearly the most challenging threat vector this country faces,” said Senate intelligence committee Chairman Richard Burr, R-N.C. “It’s also the most concerning, given how many aspects of our daily lives in the United States can be disrupted by a well-planned, well-executed cyberattack.”

King complained that the United States doesn’t have a formal strategy to deter cyberattackers. Instead, “all we do is patch our software and try to defend ourselves,” he said.

“We are trying to fight a global battle with our hands tied behind our back,” he added.

The Porter matter

Two FBI-related storylines also continued to pop up: One involved the timeline of former White House staff secretary Rob Porter’s resignation. The other involved accusations by Trump and other Republicans that the intelligence community is biased against them.

Wray was asked on Tuesday by Sen. Ron Wyden, D-Ore., for a more complete order of events in terms of when the White House knew about domestic violence allegations against Porter as part of his background check process — allegations Porter has denied.

The White House has been ambiguous about when senior officials knew about the allegations of abuse by two of Porter’s ex-wives, which could have affected his ability to get a full security clearance.

Wray said the FBI followed protocol and turned in an initial report in late July 2017. Wray declined to say what was in the report, but he said that his agency received requests for a follow-up and responded to that by November and closed the file in January 2018.

That differed from some accounts of events given by the White House.

And, as has been the case at many hearings on Capitol Hill in the past few months, Wray also was given the chance to respond to criticism from Trump that the FBI is “in tatters.” More recently, the FBI has come under more criticism after the release of a Republican memo that alleged bias against Trump.

Wray repeated that he has “grave concerns” about omissions in the memo by Rep. Devin Nunes, R-Calif., chairman of the House intelligence committee, which both the FBI and the Justice Department have denounced.

“There’s no shortage of opinions about our agency. … My experience has been that every office I go to, every division I go to, has patriots. People who could do anything else with their careers but they’ve chosen to work for the FBI because they believe in serving others,” Wray said. “I encourage our folks not to get too hung up on what I consider to be the noise on TV and social media.”

Letter with white powder for Trump Jr. calls him ‘awful,’ says he’ll get what he ‘deserves’


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Powder sent to Donald Trump Jr.’s home deemed non-hazardous

Donald Trump Jr.’s wife Vanessa Trump was hospitalized in New York City after opening a letter containing a suspicious white substance that was later deemed ‘non-hazardous.’

The written contents of an envelope containg a white powder received Monday by Donald Trump Jr.’s wife said the president’s son would get what he “deserves,” the NYPD confirmed to Fox News on Tuesday.

“You’re an awful person and now you get what you deserve,” the threatening note read, according to police.

President Trump’s daughter-in-law, Vanessa, opened the letter addressed to her husband around 10 a.m. She was subsequently taken to the hospital as a precaution, along with two others, police said.

DONALD TRUMP JR.’S WIFE TAKEN TO HOSPITAL AFTER OPENING ENVELOPE WITH WHITE POWDER

Vanessa Trump, seen in this file photo with her husband, Donald Trump Jr., was taken to a hospital in New York City Monday after opening a letter containing white powder.

 (AP Photo/Luis Alvarez, File)

A team of hazmat workers began decontaminating the couple’s apartment in New York City and the substance was eventually deemed “non-hazardous” after being tested, officials said.

The “white powder,” according to the New York Post, was thought to be cornstarch.

Trump Jr. tweeted Monday about the “scary situation,” saying it was “Truly disgusting that certain individuals choose to express their opposing views with such disturbing behavior.”

DONALD TRUMP JR., CONWAY TO END SECRET SERVICE PROTECTION

The U.S. Secret Service confirmed in a statement that they, along with authorities in New York, were investigating the incident.

Trump Jr. is the eldest son of the president. He married Vanessa in 2005. The couple has five children, but it was unclear if any were home at the time of the incident.

Fox News’ Katherine Lam and Shira Bush contributed to this report.

Chicago Police Cmdr. Paul Bauer shot to death at Thompson Center in Loop

A high-ranking Chicago police officer was shot to death at the Thompson Center Tuesday afternoon while assisting a tactical team who were chasing a suspect, police said.

Commander Paul Bauer of the Near North District was shot several times a little before 2 p.m., according to police Superintendent Eddie Johnson. He said a suspect was taken into custody and a gun recovered.

“It’s a difficult day for us, but we’ll get through it,” Johnson told reporters outside Northwestern Hospital, where Bauer had been taken.

Bauer, 53, joined the department in 1986 and worked all across the city over his career – from the South Side to the specialized mounted patrol unit to his current position as commander of the busy and high-profile Near North District.

Top Justice Department official Brand quit partly over fear she might be asked to oversee Russia probe

WASHINGTON — The Justice Department’s No. 3 attorney had been unhappy with her job for months before the department announced her departure on Friday, according to multiple sources close to Associate Attorney General Rachel Brand.

Brand grew frustrated by vacancies at the department and feared she would be asked to oversee the Russia investigation, the sources said.

She will be leaving the Justice Department in the coming weeks to take a position with Walmart as the company’s executive vice president of global governance and corporate secretary, a job change that had been in the works for some time, the sources said.


As far back as last fall, Brand had expressed to friends that she felt overwhelmed and unsupported in her job, especially as many key positions under her jurisdiction had still not been filled with permanent, Senate-confirmed officials.

Four of the 13 divisions overseen by the associate attorney general remain unfilled, including the civil rights division and the civil division, over one year into the Trump administration.

While Brand has largely stayed out of the spotlight, public criticism of Deputy Attorney General Rod Rosenstein by President Donald Trump worried Brand that Rosenstein’s job could be in danger.

Should Rosenstein be fired, Brand would be next in line to oversee Special Counsel Robert Mueller’s investigation into Russia’s meddling in the 2016 election, thrusting her into a political spotlight that Brand told friends she did not want to enter.

The Justice Department pushed back on NBC’s report.

“It is clear these anonymous sources have never met Rachel Brand let alone know her thinking. All of this is false and frankly ridiculous,” said Justice Department spokeswoman Sarah Flores.

Brand has had a long legal career that has spanned several administrations, including under Democratic President Barack Obama and Republican George W. Bush.

In announcing her departure, Attorney General Jeff Sessions described Brand as “a lawyer’s lawyer,” noting that she graduated from Harvard Law School and clerked at the Supreme Court.

In the same statement, Brand said, “I am proud of what we have been able to accomplish over my time here.”

Trump isn’t getting more popular, but his policies are

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Thanks to the improving economy, something very unusual is going on in American politics.

American voters are separating the personal from the political in perhaps the most significant way ever.

President Donald Trump’s overall approval rating in most polls is creeping up lately, yet it remains at historically weak levels for a president at this stage in his first term. But at the same time, voters are starting to become more positive about the economy and more willing to give Trump the credit for it.

Several polls are noting this trend, but it’s most clear in the latest Quinnipiac College poll released on Feb. 7. That poll still has Trump at a weak 40 percent approval rating. But 70 percent of respondents said the overall economy is “excellent” or “good.” That’s up from 66 percent in January and just 53 percent in April of last year.

Most importantly for the political discussion, voters in the Quinnipiac poll said Trump was more responsible for the economy than former President Barack Obama. That was by a 48 percent to 41 percent margin. That’s a 16 percentage point swing from January when the poll’s respondents said President Obama was more responsible by a 49 to 40 percent difference.

These numbers were enough to get poll expert Nate Silver to sit up and take notice:

This is indeed major news. While it may seem like it a lot of the time, presidential campaigns are not literally popularity contests. The candidate most voters find personally more likable does not always win elections, according to many scholarly studies on the subject.

Those same studies show that voters usually choose the candidate who looks and sounds the most competent to them on major issues. So, personality and personal delivery are still crucial, but likability is still not as important as at least a perceived position on the issues.

These economic polls show that the American people seem to be coming to terms with the fact that they may not like Trump personally, but they do like his track record on the most crucial issue: the economy. This is literally the “competency over likability” winning formula.

The question now is whether that will tip the balance the upcoming 2018 midterm elections. No, Trump is not a candidate in those elections. But most midterm elections usually act as a referendum on the president and the job he’s doing so far.

More importantly, the Democrats have long made it clear that they were going to do whatever they could to make Trump and his personal unpopularity their biggest issue in the midterms.

That seemed like a pretty good bet for months, as polls showed the Democrats with unusually large leads in generic congressional election polls. Now that trend has started to reverse at about the same time that Trump’s numbers began to get a boost.

But that’s not the correlation to focus on the most. It’s crucial to remember this is still not about personal popularity. The most dramatic positive move in the polls recently is not for Trump personally, but for his signature tax reform law.

Tax reform was suffering with just 26 percent approval in the Monmouth poll in December. Just one month later, approval shot up to 44 percent and pulled even with those who disapproved of it. A New York Times poll taken a little earlier last month saw the same trend beginning to emerge. This could start to accelerate even more as more Americans start to see larger paychecks this month.

That’s what makes this a double whammy for the Democrats. They can’t counterattack these economic developments and perceptions simply by continuing their attacks on Trump. It’s not Trump the voters are increasingly supporting or even focusing on, it’s his policies.

The downside to all of this for the GOP is that the economy can still slow down between now and November. The stock market’s now-intense volatility can burn a lot of investors, too. If that happens, Trump and the Republicans will have nowhere to hide as they take more and more ownership for that economy. But economic slowdowns are always a danger threatening every incumbent president and party in control of Congress. That’s nothing new.

What is new is that the voters are showing more than ever that they don’t need to like a president or a political party to support their perceived success. That means the Democrats may be concentrating their fire on the wrong target. Trump has endured maximum character assassination for years. But if his policies are soaring in popularity, it’s going to be very hard to use him as a proxy to defeat his party in the midterms.

Commentary by Jake Novak, CNBC.com senior columnist. Follow him on Twitter @jakejakeny.

For more insight from CNBC contributors, follow @CNBCopinion on Twitter.



Fired officer who refused to shoot suspect settles lawsuit

CHARLESTON, W.Va. — A West Virginia police officer who was fired after he refused to shoot a man who had a gun has settled a lawsuit for $175,000.

The American Civil Liberties Union of West Virginia announced the settlement with the city of Weirton on Monday.

In the lawsuit, Stephen Mader said he did nothing wrong in May 2016 when he tried to persuade 23-year-old R.J. Williams of McKees Rocks, Pennsylvania, to put down his weapon. Another officer later saw Williams with his gun raised and fatally shot him. Williams’ gun was unloaded. Mader said he determined Williams wanted to die by “suicide by cop.”

Mader still maintains his firing was unjustified. In the statement, he said he was “happy to put this chapter of my life to bed. My hope is that no other person on either end of a police call has to go through this again.”

Weirton City Manager Travis Blosser said Monday that the city stands by Mader’s firing. Officials in Weirton, an Ohio River community of 19,000 residents 36 miles west of Pittsburgh, had said Mader was fired eight weeks after the shooting for conduct unbecoming of an officer in three separate incidents.

“We still feel we made the correct decision,” Blosser said in a telephone interview. “We don’t regret that decision. We feel we made the correct decision for the community.”

Blosser said the decision to settle the lawsuit was made by the city’s insurance carrier.

Williams was black and Mader is white. The shooting occurred in the midst of a national debate about whether race figures into law enforcement in the black community.

The lawsuit contended Mader was fired specifically for the Williams incident. Mader had said he would have done nothing differently. The lawsuit cited the state constitution, which prohibits a police officer from using deadly force unless the officer has reason to believe the target of such force poses an immediate threat of death or serious bodily injury to the officer or others.

According to the lawsuit, Mader responded to a call from Williams’ girlfriend that he was threatening to hurt himself with a knife. Mader said his Marine Corps and police officer training taught him to assess a threat level. He said Williams was visibly upset but not aggressive or violent.

Mader believed Williams did not pose a risk of death or serious bodily injury to himself or others. After Mader ordered Williams to drop his unloaded gun, Williams responded, “I can’t do that. Just shoot me,” according to the lawsuit.

Two other officers arrived and when Williams raised his gun, one of the officers fatally shot Williams in the head. Investigations found the officer did nothing wrong.

Mader’s lead attorney, Timothy O’Brien of Pittsburgh, said in the statement that Mader’s attempt to de-escalate the situation “should have been praised, not punished. Simply put, no police officer should ever feel forced to take a life unnecessarily to save his career.”

Mader’s personnel file, previously obtained by The Associated Press through a Freedom of Information Act request, included an investigative report by a Weirton police captain who wrote that Williams presented “a clear and present danger” to others and recommended Mader’s firing for several incidents.

In March 2016, Mader was issued a verbal warning for opening a car door to place a parking ticket inside without having a search warrant and cursing at the car owner’s wife. A disorderly conduct charge against the owner was later dropped.

A month later, Mader responded to a call about a cardiac arrest and found a woman dead on a stairway. Mader determined the victim died of natural causes. He didn’t fill out a police report, collected no evidence and the body was sent to a funeral home. Police Chief Rob Alexander called the handling of the suspicious death “unacceptable,” and an autopsy determined the victim sustained blunt force trauma to the neck and upper torso. 

Vanessa Trump, wife of Donald Trump Jr., taken to hospital after opening envelope with suspicious substance

NEW YORK — President Trump’s daughter-in-law was taken to the hospital Monday after opening an envelope containing a “suspicious” substance addressed to her husband Donald Trump Jr. The New York City Police Department (NYPD) said initial tests did not indicate the powder was harmful but they are continuing to test the substance.

Vanessa Trump and two others, including her mother, were taken to a nearby hospital as a precaution. The NYPD said officers and Secret Service agents responded to the couple’s apartment in midtown Manhattan on Monday morning around 10 a.m.

CBS News senior investigative producer Pat Milton reports that Vanessa Trump, 40, has not been hospitalized but is being tested at the hospital out of an abundance of caution.

Donald Trump Jr. later tweeted he was thankful his wife and children were safe.

Vanessa Trump’s mother, Bonnie Haydon, handed her the envelope, which Vanessa then opened, CBS New York reports. The identity of the third individual taken to the hospital was not immediately clear.

The Secret Service said it is “investigating a suspicious package addressed to one of our protectees received today.”

Ivanka Trump addressed the incident on Twitter saying she wished she was by her sister-in-law’s side.

In March 2016, law enforcement officials investigated a threatening letter addressed to Donald Trump Jr.’s brother, Eric. The letter also contained a suspicious white powder that turned out to be harmless.

Donald Trump Jr. with his wife, Vanessa Trump, at the Republican National Convention on July 21, 2016.