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Washington state has a new temp worker law - how do california laws compare.

Washington state just became the third state in the nation to pass protective laws for temporary workers with their new Protecting Temporary Workers Law . This law seeks to place a barrier to temporary worker schemes which provide cost cutting incentives for companies to use temporary agencies. Studies have long shown that temp workers in higher-hazard industries are two times as likely to be injured as their directly hired counterparts. 

These schemes are well known for the profits they reap for employers at the expense of workers. Two policy briefs by researchers from the University of California Riverside’s Labor Studies program and the School of Public Policy’s Center for Sustainable Suburban Development found that warehousing jobs in the region are often filled through temporary staffing agencies that pay workers low wages while offering them no health insurance. At the time of the reports, workers in the Ontario region earned a dismal average of $10.05 per hour. To date, the minimum wage in Ontario is $14.00, trailing a dollar behind the state minimum wage. 

How does California compare with Washington state’s new law? To answer this question, we need to look at the current state of laws about temporary workers in California first. California passed our own historic law on September 28, 2014, when then Gov. Jerry Brown signed AB 1897 into law. This law made California a leader in having some of the country's farthest-reaching protections for temporary workers. That law came in the wake of growing awareness about the status of temp workers as the fastest growing and most vulnerable segment of the workforce. 

It was also buttressed by ProPublica’s damning series which highlighted rampant wage theft and unsafe working conditions in worksites that employ temp workers. AB 1897 addressed a loophole in which complaining workers found their issues ping-ponged between the temp agency that hired them and the companies that contracted with the temp agencies. AB 1897 was designed to protect “perma-temps,” which include low-wage hotel housekeepers, factory workers, farm laborers, janitors, and warehouse workers who too often find themselves toiling for years at the same company but not benefiting from the status of full-time direct hire employees of the company that “out-sourced” their labor through the temp agency. 

Most horrifying was ProPublica’s revelation of cases of untrained temp workers who have been seriously injured or killed in the workplace. In fact, in California, temp workers are 50% more likely to get injured on the job than their company-employed counterparts. 

Labor Code section 2810.3 includes three main requirements:

• When a labor contractor provides temporary workers to a host employer, the latter must share all civil liability and legal responsibility with the former for the payment of wages as well as any failure to provide workers’ compensation coverage (required by Section 3700).
• A client company or employer cannot pass off any legal responsibilities or liabilities under the California/OSHA provisions to a labor contractor concerning the workers provided by the labour contractor.
• As and when a state enforcement agency demands relevant information to ensure compliance with applicable state laws, an employer or a labor contractor is bound to provide it to the concerned agency or department.

What this means in a nutshell is that when a temp worker gets injured on the job in California:

• Either of the two employers assumes the responsibility of covering the worker under workers’ compensation insurance. Who finally assumes the responsibility depends on the type of contract between them, but neither can deny responsibility or pass the buck to the other, 
• Both employers have to take necessary steps to safeguard the worker from workplace injuries and illnesses, and 
• Both employers need to have an injury and illness prevention plan that covers hazards encountered by the temp worker.

In comparison, the new Washington law has legislative language novel to California which definitively ends the ping pong game between temp agencies and worksite employers by making them both responsible for hazard analysis, training, documentation, and communication between temp agencies and worksite employers. The law, which focuses on the construction and manufacturing industries, prioritizes worker knowledge about the hazards of their job. 

Provisions include the following language which requires that staffing agencies be proactive about worker health and safety. Specifically, “before the assignment of an employee to a worksite employer,” staffing agencies must: 

• Inquire about the worksite employer's safety and health practices and hazards at the actual workplace to assess the safety conditions, workers tasks, and the worksite employer's safety program,
• Provide general awareness safety training to the employee for for recognized industry hazards the employee may encounter at the worksite, 
• Provide, as a part of materials given to the employee, the department's hotline number for reporting safety hazards and concerns, and
• Document and inform the staffing agency about anticipated job hazards likely encountered by the staffing agency employee.

Other provisions include providing tailored training about the particular hazards the employee will encounter and informing the staffing agency of any changes in job tasks, work locations, or new hazards. 

The new law, SHB 1206 , which takes effect July 25, 2021, was enacted after a request by Washington State’s Department of Labor and Industries (L&I). It is a stunning example of worker protective language and is an example of diligent and passionate work by Mike Foley, lead researcher at L&I’s Safety and Health Assessment and Research for Prevention (SHARP) Program and Dave DeSario and the team at Temp Worker Justice . Foley has been doing groundbreaking research on temp worker injuries for about 2 decades. The legislation was supported by NELP and the Washington State Labor Council, AFL-CIO.  

It joins California’s Labor contracting: client liability, the Illinois Day and Temporary Labor Services Act , and the Massachusetts Temporary Workers Right to Know Law in the effort to protect temporary staffing agency workers. Come on California!

"Outside of Washington state, this law provides a blueprint for advancing temp worker safety. The provisions are based on detailed research and interviews with hundreds of temp injured workers, and directly addresses areas of greatest concern. It will prevent hundreds of injuries AND drive out low-road temp agencies undercutting safe jobs," says Dave DeSario of Temp Worker Justice .

California!  We gotta catch up!

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Can I Assign My Commercial Lease? (Part 2- Assignments By Operation Of Law)

Earlier this year, I wrote a blog post about assigning commercial leases generally.  Sometimes, contractual rights or obligations get transferred without an express assignment.  This can happen, for example, where a party to the contract gets acquired by someone else, or where the party’s ownership or control changes hands.  An entity tenant under a commercial lease might be a corporation which gets bought up by another corporation, or an LLC tenant might have a change in its underlying membership.  Such a transfer of rights under a contract occurs “by operation of law” rather than through an express assignment; under such circumstances, the law ordinarily presumes that someone who buys the tenant or acquires control of the tenant naturally acquires and assumes the tenant’s rights and obligations under the lease.  We therefore refer to this succession as an assignment “by operation of law.” 

But the landlord may not be happy with the new situation for a number of reasons.  Perhaps the successor entity does not have the same financial strength as the original tenant; perhaps the new tenant has a different reputation or operates a business which would create an unpleasant or off-putting atmosphere for neighboring commercial tenants; perhaps the landlord has a specific objection to people or personalities who now control the tenant entity. 

Sometimes, tenants intentionally structure transactions to avoid triggering the need to obtain the landlord’s consent for the transfer of tenant rights under the commercial lease.  The landlord may see this as a de facto assignment which violates the spirit of an anti-assignment provision, while the tenant or successors with new control of the tenant view themselves as absolutely entitled to continue the lease over the landlord’s objection.

Under Washington law, even though they may be valid, lease provisions prohibiting or restricting rights to assignment are strictly construed as they are not favored in the law.  Therefore, where the lease is silent regarding assignments by operation of law, and where there is otherwise no breach of the lease agreement, the landlord probably has no right to object to the de facto transfer of rights and may not unilaterally terminate the lease.  In other jurisdictions, the majority view is that, “The fact that the members of the entity change, such as when the stockholders at the time the lease is made later transfer their stock, or a partner in the partnership drops out and a new partner replaces him, or the beneficiaries of the trust change, does not constitute an alienation by the landlord or the tenant that is in violation of a restraint on alienation, absent specific language in the restraint provision that covers such change in the nature of the entity involved.”  There does not appear to be any Washington case expressly adopting or rejecting this view, but Washington case law on this subject generally appears consistent with this majority view.

All of this is to say that it is critical for parties to a commercial lease to specify when a lease can or cannot be assigned.  If the landlord’s willingness to lease is based upon the personal reputation or relationship with key persons associated with an entity tenant, the landlord should carefully take the time to contemplate and negotiate an assignment provision to cover acceptable and unacceptable transfer scenarios.

Whether you are a commercial tenant looking to assign your lease, or you are a landlord being asked to consent to an assignment, the lawyers at Beresford Booth can help.  We have extensive experience advising clients on real estate matters.

To learn more about commercial lease assignments, please contact Beresford Booth at  [email protected]  or by phone at (425) 776-4100 .

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Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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From Illinois to Utah: Firework mishaps claim lives and injure dozens this July 4th

A man who law enforcement said lit a large firework and placed it on his head died in South Carolina Thursday night, and in Alabama, a pyrotechnician was taken by medical helicopter to a hospital after a shell "unexpectedly detonated" during a slated firework celebration, injuring him and canceling the city's show.

The incidents are among dozens of reported  fireworks-related injuries and fatalities  reported across the nation during this year's Fourth of July festivities. 

Here's roundup of major pyrotechnics-related injuries reported across the nation as of early Friday:

Fireworks-related deaths

• In Illinois, a 34-year-old man died after handling fireworks on Chicago's Northwest Side about 10 p.m. Thursday. The Chicago Police Department told USA TODAY officers responded to the scene and found the victim who suffered trauma to the body. He was pronounced dead at the scene.
• Also in Illinois, a 25-year-old man died in a fireworks mishap early Friday morning in LaSalle, the Journal Star , part of the USA TODAY Network reported.  The  LaSalle County Sheriff's Office reported the incident involved illegal fireworks and the injured man was taken to a hospital where he later died.
• In South Carolina, a 41-year-old man died after suffering injuries while using fireworks, according to Dorchester County Sheriff’s Office incident report obtained by USA TODAY. Witnesses, deputies wrote in the report, said the man ignited a large firework device, set it on his head and it exploded, killing him. He was pronounced dead at the scene.
• In Alabama, Huntsville Emergency Medical Emergency Services Inc. spokesperson Don Webster told USA TODAY a man was injured just after midnight Friday after a fireworks accident in Madison County. Webster said the 20-year-old man from Harvest, who suffered trauma to the upper torso, was taken to Huntsville Hospital, where he was pronounced dead.

Pyro tech taken by helicopter for burns: Alabama fireworks tech hospitalized after shell unexpectedly explodes; city show canceled

Firework-related injuries 2024

• In Alabama, the city of Jacksonville canceled its fireworks show after a shell unexpectedly detonated and injured a technician Thursday night, sending him to a hospital by helicopter. On Friday, city officials said the technician had been released and was expected to recover.
• In Colorado, a man lost most of his hand on Wednesday night when a firework he held blew up in his hand, the Colorado Springs Fire Department said in a report on its Facebook page. The incident happened in the Cheyenne Mountain area, southwest of Colorado Springs, the CSFD said.
• In Oklahoma, a 10-year-old boy from the Oklahoma City area was taken to a hospital to be treated for burns from a fireworks explosion, KFOR-TV reported . A man told the outlet his grandson bought four fireworks products and two malfunctioned, one of which injured the boy.
• In Utah, several people suffered injuries during an annual fireworks celebration at Brigham Young University 's LaVell Edwards Stadium in Provo when fireworks shot into the stadium crowd. The event included a performance by the Jonas Brothers. The number of those injured and extent of the injuries were not immediately provided by officials.
• Several people including some children were injured watching fireworks at a private gathering in Rexburg, Idaho, EastIdahoNews.com reported. "Several individuals were taken to Madison Memorial Hospital and two juveniles were taken to Eastern Idaho Regional Medical Center in Idaho Falls,” Assistant Police Chief Gary Hagen told the news outlet. None of the injuries were life-threatening; police are still investigating the cause.

Last year's injury report

According to the U.S. Consumer Product Safety Commission , last year 9,700 people were treated in emergency rooms across the nation and eight people died from fireworks-related accidents.

Here's a breakdown of last year's injuries:

• 19% suffered eye injuries.
• 22% suffered injuries to the face, head and ears.
• 35% suffered hand injuries.
• 11% suffered injuries to lower extremities.

Fireworks safety tips

To safely use fireworks, the  National Safety Council  recommends watching them at public displays conducted by professionals and not using them at home. 

If you must set off fireworks at home, the council recommends these tips:

• Do not use illegal fireworks.
• Never allow children to handle fireworks.
• Never use fireworks while impaired by drugs or alcohol.
• Wear eye protection.
• Never hold lighted fireworks in your hands.
• Never light fireworks indoors.
• Use fireworks only away from people, houses and flammable material.
• Never point or throw fireworks at another person.
• Light only one device at a time and maintain a safe distance.
• Never ignite devices in a container.
• Never relight or handle a malfunctioning firework.
• Soak spent and unused fireworks in water for a few hours before tossing them out.
• Keep water nearby to extinguish fireworks if a fire breaks out.
• Instead of sparklers, consider using safer alternatives, such as glow sticks, confetti poppers and colored streamers.

This is a developing story.

Natalie Neysa Alund is a senior reporter for USA TODAY. Reach her at [email protected] and follow her on X @nataliealund.

Trump target of assassination attempt; says he was shot in ear at rally

BUTLER, Pa. — Former President Donald Trump was injured Saturday in an assassination attempt when a gunman opened fire at his campaign rally, killing one spectator and bloodying Trump’s ear.

The shooter, who appeared to take an elevated position on a rooftop outside the venue, is dead. Another two spectators were critically injured. Trump’s campaign said he was safe. 

The FBI identified the shooter as 20-year-old Thomas Matthew Crooks of Bethel Park, Pennsylvania. A motive was not immediately clear.

In a harrowing and chaotic scene, Trump was about six minutes into his remarks in western Pennsylvania when pops of gunfire rang out. The Republican presidential contender grabbed his right ear and then got to the floor, where he was immediately swarmed by Secret Service agents who piled on top of him to protect him.

The agents then helped Trump to his feet, surrounded him, and rushed him off stage and to a waiting vehicle. Trump — with blood on the side of his head and his ear — repeatedly pumped his fist in the air and waved as the crowd cheered.

Trump said in a post on Truth Social about 2½ hours later that a bullet “pierced the upper part of my right ear.”

“I knew immediately that something was wrong in that I heard a whizzing sound, shots, and immediately felt the bullet ripping through the skin,” Trump wrote. “Much bleeding took place, so I realized then what was happening.”

Trump thanked law enforcement in his online statement and extended condolences to the families of the people killed and injured.

“It is incredible that such an act can take place in our Country,” he wrote.

The shots were fired from outside the Secret Service security perimeter for the rally, according to three senior U.S. law enforcement officials.

Reporters saw smoke and heard what they initially thought were fireworks before everyone ducked and law enforcement encircled Trump.

Screams rang out from the audience as the scene unfolded.

Pennsylvania Gov. Josh Shapiro said in a statement shortly after 11 p.m. that Trump “has now left the Butler area.”

Follow live updates on the Trump rally shooting

A doctor attending the event told NBC News that he saw a man suffer a gunshot wound to the head and helped carry him from the site of the rally. Speaking in a parking lot near the event, a mother and her son who were attending the rally told NBC News that they saw people in the crowd who were injured and carried away. And in the hours after the shooting, Rep. Ronny Jackson, R-Texas, said in an interview on Fox News that his nephew was grazed on his neck by a bullet at the rally.

People remained at the scene for 10 to 15 minutes after Trump was taken away, after which they were told it was an active crime scene and all attendees were escorted out.

Trump spokesperson Steven Cheung said Trump “thanks law enforcement and first responders for their quick action during this heinous act.”

“He is fine and is being checked out at a local medical facility,” Cheung said. “More details will follow.”

Trump senior advisers and leaders of the Republican National Committee released a statement later Saturday night saying that the former president “looks forward to joining you all in Milwaukee as we proceed with our convention to nominate him to serve as the 47th President of the United States.”

The Republican National Convention, where Trump is set to officially become the GOP presidential nominee, is set to begin on Monday.

FBI leads investigation

The FBI is leading the investigation into the shooting, according to a statement from the bureau. Agents are working alongside U.S. Secret Service, as well as state and local law enforcement, and they are treating the rally site as an active crime scene, officials said at the press conference late Saturday night.

Law enforcement used DNA to help confirm the suspect's identity as he did not have identification on him during the shooting, FBI Special Agent Kevin Rojek, said during the press conference in Butler, without identifying Crook.

In the aftermath of the shooting, the FBI deployed investigative agents, bomb technicians, and evidence response personnel.

Rojek asked that witnesses to the shooting contact the FBI.

There is no sign that the attack has any link to a foreign actor, a U.S. official said earlier on Saturday.

House Speaker Mike Johnson, R-La., said in a statement on X that he has been briefed by law enforcement. He condemned the attack as a “horrific act of political violence at a peaceful campaign rally,” saying it “has no place in this country and should be unanimously and forcefully condemned.”

Johnson said in a later post that the House would conduct a “full investigation of the tragic events today.”

House Oversight Committee Chair James Comer, R-Ky., said in a statement on X that he was “calling on Secret Service Director Kimberly Cheatle to appear for a hearing.”

In a letter to Cheatle, Comer requested that she voluntarily appear at a committee hearing on July 22.

Biden, political world react

President Joe Biden spoke with Trump later on Saturday, according to a White House official. He also spoke with Shapiro and Butler Mayor Bob Dandoy. 

In remarks delivered from Delaware, Biden called the attack “sick” and thanked law enforcement in remarks delivered on camera.

“There’s no place in America for this kind of violence. It’s sick. It’s sick,” Biden said. “It’s one of the reasons why we have to unite this country. We cannot allow for this to be happening.”

“Everybody must condemn it,” Biden added.

Asked by a reporter whether he believed that the attack on Trump was an assassination attempt, Biden responded that he didn't "know enough" to say at the time.

"I have an opinion, but I don't have any facts," he said, adding that he wanted to gather all of the facts first.

Biden also said in a statement that he is praying for Trump. He said he has been briefed on the shooting.

"I’m grateful to hear that he’s safe and doing well. I’m praying for him and his family and for all those who were at the rally, as we await further information," Biden's statement said. "Jill and I are grateful to the Secret Service for getting him to safety. There’s no place for this kind of violence in America. We must unite as one nation to condemn it."

Biden learned about the attack when he was coming out of church services, according to a person familiar with the timeline of events. He wanted to address the nation as soon as he was fully briefed, the source added.

Vice President Kamala Harris has also been briefed, she said in a statement.

She said she her husband, Doug Emhoff, "are relieved that he is not seriously injured. We are praying for him, his family, and all those who have been injured and impacted by this senseless shooting."

She added that "violence such as this has no place in our nation," urging everyone to "condemn this abhorrent act."

In the minutes after the incident unfolded, politicians began posting on social media that they were praying for Trump, including three vice presidential contenders, Sen. JD Vance , R-Ohio, Sen. Marco Rubio , R-Fla., and North Dakota Gov. Doug Burgum .

Donald Trump Jr., one of the president's children, wrote on X that his father will "never stop fighting to Save America." His message was accompanied by a photo of his father pumping his fist with blood on his face.

Democratic leaders also released statements expressing horror.

"I am horrified by what happened at the Trump rally in Pennsylvania and relieved that former President Trump is safe," Senate Majority Leader Chuck Schumer, D-N.Y., said o n X . "Political violence has no place in our country."

Shapiro, Pennsylvania's Democratic governor, condemned the attack on X, as well.

"Violence targeted at any political party or political leader is absolutely unacceptable," Shapiro said . "It has no place in Pennsylvania or the United States."

Shapiro added that he has been briefed on the situation and that state police were on the scene, working with federal and local partners.

Independent presidential candidate Robert F. Kennedy Jr. urged Americans to pray for Trump.

“Now is the time for every American who loves our country to step back from the division, renounce all violence, and unite in prayer for President Trump and his family,” Kennedy said .  

Former Rep. Gabby Giffords, D-Ariz., who was shot in 2011, released a statement condemning political violence.

“Political violence is terrifying. I know,” she said. “I’m holding former president Trump, and all those affected by today’s indefensible act of violence in my heart. Political violence is un-American and is never acceptable — never.”

House Majority Leader Steve Scalise, R-La., who was shot and injured in 2017 when a gunman opened fire on Republicans during a baseball practice, condemned "incendiary rhetoric" ahead of the attack about a second Trump term being a threat to the country.

"That incendiary rhetoric needs to stop, because all it takes is one person who’s just unhinged to hear that and go act on it, and think that that’s their signal to go take somebody out," Scalise said during a Fox News interview.

Trump’s campaign is in a “complete communications lockdown,” according to a message sent to staff members by James Blair, the political director for the Trump campaign and the Republican National Committee.

"Everything is OK,” Blair wrote. “We have no details to share at this time but will follow up soon with more information.”

A Biden campaign official told NBC News that the campaign is also "pausing all outbound communications and working to pull down our television ads as quickly as possible.”

This is a breaking news story and will continue to be updated.

Dasha Burns and Jake Traylor are reporting from Butler, Pa.; Megan Lebowitz from Washington, D.C.; and Chloe Atkins, Tom Winter and Jonathan Dienst from New York City.

Dasha Burns is a correspondent for NBC News.

Jake Traylor is a 2024 NBC News campaign embed.

Megan Lebowitz is a politics reporter for NBC News.

Chloe Atkins reports for the NBC News Investigative Unit, based in New York. She frequently covers crime and courts, as well as the intersection of reproductive health, politics and policy.

Tom Winter is a New York-based correspondent covering crime, courts, terrorism and financial fraud on the East Coast for the NBC News Investigative Unit.

Jonathan Dienst is chief justice contributor for NBC News and chief investigative reporter for WNBC-TV in New York.

BREAKING NEWS: FBI says investigators haven't identified a motive in the assassination attempt against former President Donald Trump.

New York law couldn’t be used to disarm reservist before Maine shooting, Army official says

The Associated Press

July 12, 2024, 9:34 AM

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AUGUSTA, Maine (AP) — The Army couldn’t use New York’s red flag law to disarm a reservist experiencing a mental health crisis before a mass shooting in Maine because he was not a New York resident, a nurse practitioner told an independent commission.

Maj. Matthew Dickison testified that Robert Card was displaying psychosis and paranoia in July 2023 when he evaluated Card at an Army hospital, where Card was taken for evaluation. Dickison concluded Card was unfit for duty and shouldn’t have access to guns, and said he was surprised when Card was released two weeks later from a private psychiatric hospital.

Months later in Maine, 18 people were killed when Card opened fire at two locations in October in the deadliest mass shooting in Maine history. Card died by suicide, and his body was found two days later.

Dickison told commissioners on Thursday that he attempted to use New York’s SAFE Act to temporarily seize Card’s weapons but gave up when it appeared the law could only be used on New York residents. Card, from Bowdoin, Maine, was in New York to train West Point cadets when fellow reservists became alarmed by his behavior.

A civilian Army medical contractor, meanwhile, defied a subpoena to appear before the independent commission, which is investigating facts surrounding the shooting and what could’ve been done to prevent it.

Anne Jordan, the commission’s executive director, said that she was told that the witness, identified as Patricia Moloney, declined to testify because she was the subject of a possible medical malpractice claim. It was unclear if that claim stemmed from the shootings in Maine on Oct. 25 at a bowling alley and at a bar and grill.

The commission ended a session that was being conducted via Zoom after Moloney failed to appear Thursday, and then reconvened several hours later with Dickison’s testimony from Korea, where he is now stationed.

Dickison is a nurse practitioner whose specialty is psychiatry, and he was on temporary assignment at Keller Army Hospital when Card arrived for evaluation. Card repeated his claims that people were calling him a pedophile behind his back, along with his ominous warnings that he might have to do something about it. From there, Card was taken to a private psychiatric hospital for treatment.

Dickison’s actions have been discussed before during testimony from other witnesses, including the leader of Card’s Army Reserve unit, Capt. Jeremy Reamer, but Thursday marked the first time he addressed the commission.

Dickson said he gave a list of post-hospitalization recommendations to Reamer that included ensuring Card’s personal weapons were confiscated and that Card attended health care appointments and took his medicine. But Reamer previously testified that his authority as commander applied only when soldiers were on drill.

The commission has previously delved into New York’s red flag law and Maine’s yellow flag laws, both of which allow guns to be seized from someone in a psychiatric crisis under certain circumstances. The commission issued an interim report in March saying law enforcement should have seized Card’s guns and put him in protective custody using the state’s yellow flag law.

Police in Maine testified that the family had agreed to remove Card’s guns , but the commission said leaving such a task to them “was an abdication of law enforcement’s responsibility.”

Copyright © 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.

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Lawmakers urge Treasury to defend federal preemption of anti-money laundering laws

Rep. Josh Gottheimer (D-N.J.)

“Under such state laws, financial institutions could be subject to investigation when they decline to provide services to a customer or close a customer accounting, including in situations where the decision was related to a financial crime risk,” the lawmakers said. “In addition, banks are required to file reports with state regulators or even directly with customers indicating why the financial institution refused services to a customer or closed a customer account. This explanation must include a detailed description on the basis for the denial, which could lead to the disclose of confidential and sensitive information related to America’s national security.”

During a Housing Financial Services Committee hearing the same day, Gottheimer questioned Treasury Secretary Janet Yellen on whether department officials are doing anything to address the potential conflict between state laws and federal requirements, such as the requirement that banks must file suspicious activity reports. “It is certainly an obligation of banks we would enforce,” Yellen said.

Sherman, also a committee member, noted that two states have new laws stating customers cannot be denied banking services because of their political or religious beliefs. “I hope you will work with those states and preempt those laws as necessary to protect the Bank Secrecy Act,” he told Yellen. “We shouldn’t be in a circumstance where you lose your account because you have all these suspicious activity reports, and the bank can’t tell you about the suspicious activity reports, and all of the sudden you think it is because of your political beliefs.”

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• Made by History

The Regional Origins of America’s First Comprehensive Federal Immigration Law

A century ago on May 26, 1924, President Calvin Coolidge signed into law the Immigration Restriction Act and proclaimed: “America must remain American.” Coolidge alluded to a slogan popularized by the Ku Klux Klan: “America for Americans.” With the passage of the new law, the Klan’s racist, white supremacist, and xenophobic worldview had become mainstream, supported by Democrats and Republicans alike. The bill passed the House with 82% support and the Senate with 88%.

The first comprehensive federal immigration legislation in the history of the U.S., the 1924 law solidified features of the immigration system with us today: visa requirements, the Border Patrol, and the category of the “illegal alien.” Even as the primary targets of immigration restrictionism have shifted over the century, the consequences for immigrants and their communities remain profoundly shaped by the system created in 1924.

With the founding of the country, the First Naturalization Act in 1790 stipulated that only a “free white person” could become an American citizen. After the Civil War, Black Americans gained citizenship, and naturalization law was extended to people of “ African nativity…and descent .” But Asian immigrants were denied access to citizenship, and federal laws sought to cement a system of Asian exclusion that began in 1882 and culminated in the restrictive law passed in 1924.

The chief architect of the 1924 law was a congressman from Washington State, Republican Albert Johnson, who sought to apply the principles he initially articulated in his home state at the national level. Before being elected to office, Johnson had been a journalist—first for the Seattle Times and then for his own newspaper. He used his media platform to support mob violence (which he himself may have joined in ) against South Asians working in lumber mills in Bellingham in 1907, to oppose interracial marriage, to advocate for the forced sterilization of the mentally disabled, and to rapidly oppose labor organizing and left wing politics.

Read More: Biden's Rightward Shift on Immigration Draws Comparisons to Trump

In 1912, as a known public figure in his state, he successfully ran for Congress on an anti-immigration platform. Washingtonians sent him to Congress for ten consecutive terms. Johnson’s hatred of all non-Northern European peoples and his Pacific Northwest style of nativism—where an influential white supremacist movement in Washington, Oregon, and Idaho took root—went national.

In clippings collected in scrapbooks in the WA State Library , from his earliest days in office, Johnson advocated that the U.S. not only close its doors to immigration but also “put up bars.” He was endorsed as Chairman of the House Committee on Immigration by leading white supremacists of the era, such as Madison Grant, author of The Passing of the Great Race and proponent of the idea that if non-Anglo-Saxon Protestants continued to immigrate, the U.S. would be committing “race suicide.”

Johnson shaped federal restrictionist legislation, helping pass a literacy test and Asian exclusion provisions in 1917, and innovating a system of emergency quotas on immigration in 1921. But with his 1924 law, he was able to push his anti-immigration agenda further by barring nearly all Asians from entering the country on the basis that they were racially ineligible for naturalization. The law also introduced strict quotas for immigrants from Southern and Eastern Europe, deemed “hordes of inferior stock.” This included Jewish people, who Johnson claimed were “filthy, un-American, and often dangerous in their habits.” In short, White Anglo-Saxon Protestant immigration would keep America “American.”

The effects were profound: 8-10,000 Jews, in addition to countless Italians, Poles, Greeks and others en route to the U.S., could not enter the country and were largely forced to return. Some Jews, and others, opted to pursue illicit means to enter the country, rather than return to the danger and poverty they sought to leave behind. In the 1920s and 1930s, in fact, the figure of the “illegal alien” was often associated with Jewish immigration.

Read More: Americans Appear More Amenable to Autocracy in 2024

At the local level too, the 1924 law had dramatic consequences for Seattle’s Jewish communities. Seattle’s Sephardic community invited Rabbi Abraham Maimon from Turkey to serve as spiritual leader, a position—as a “minister of any religious denomination”—that qualified him for an exemption from the quotas. But when the Maimon family arrived at Ellis Island, they were classified as “Turks” by race and promptly detained. The family endured more than a week locked in Ellis Island’s prisons where they spent Rosh Hashanah and Yom Kippur as deportation proceedings were underway.

Only thanks to the intervention of New York’s Sephardic newspaper was the family freed from the “ clutches of deportation .” Ellis Island thus was not only an Island of Hope, but also an Island of Tears; in the decades after 1924, it became a major detention center .

German Jews who ultimately came to Seattle similarly confronted obstacles en route. In the wake of Kristallnacht in 1938, a Jewish fabric merchant in Frankfurt, Manfred Selig, sought a visa for the U.S. But at the visa interview at the U.S. consulate, according to Selig’s oral history , the man’s toddler became scared and refused to respond to questions asked of him. The official unfairly concluded that the boy had a “mental defect” and would be barred from entry. Selig and his wife, the American officials said, could receive a visa, but not the son. Was the family to separate, leaving the boy behind? Finally, on a desperate third attempt, the family secured the visas. By that time, the only option was to flee east: through Russia, China, Japan, all the way to Seattle in 1940.

Others were not so lucky to receive visas. Some 937 Jewish passengers aboard the SS St Louis were turned away from the U.S. and forced to return to Europe in 1939; many perished in Nazi camps.

Johnson’s influence reached its apex with the 1924 law, which he justified in 1927 as a “bulwark” against “alien blood.” He was voted out of the House in 1932, when Democrats swept the elections. But virulent strains of xenophobia, anti-Asian sentiment, and antisemitism persisted. Washington became the only state in the union to put a pro-Nazi candidate on the 1936 presidential ballot: William Dudley Pelley, leader of the fascist Silver Shirts who ran on the Christian Party ticket and set up his lodge in Redmond, a Seattle suburb.

When President Roosevelt issued executive order 9066 in 1942 following the bombing of Pearl Harbor and other U.S. colonial possessions in the Pacific, the process of incarcerating 120,000 Japanese Americans began on Bainbridge Island, also in Washington.

At the federal level, racial prerequisites for naturalization were struck down in 1952, and nationality quotas ended in 1965. But immigration caps, dehumanizing rhetoric, and a draconian immigration system remain in place to this day.

As a result, primarily people of color, those from Latin America, the Caribbean, Africa, and Asia varyingly denigrated by politicians as “criminals” and “rapists” accused of “ poisoning the blood of our country ,” are the main targets of demeaning language and harsh policies that echo those of a century ago.

Read More: America Turned Against Migrant Detention Before. We Can Do It Again

Immigration policies and politics shape communities across the country, but just as national policies have local roots, as in the story of Albert Johnson, national policies also have local effects. Washington State is today home to the tax-payer funded, for-profit NW Detention Center in Tacoma, one of the largest institutions in the country that holds migrants , often in inhumane conditions, as they undergo immigration proceedings.

In an American twist, none other than Martin Selig, the young Jewish boy once denied a visa in Germany, not only became a billionaire real estate magnate in Seattle but also the landlord for the local office of U.S. Immigration and Customs Enforcement—ICE—a steward of the same immigration system that continues to break up families today just as it had threatened to do to his.

At the local level, communities are also working to protect immigrant rights. In Washington State, organizations like Washington Immigrant Solidarity Network , UW Center for Human Rights , La Resistencia , Northwest Immigrant Rights Project , OneAmerica , and the Jewish Coalition for Immigrant Justice NW aim to expunge all detritus of the 1924 Immigration Restriction Act from the immigration system. Residents of Washington State may have a special interest in confronting the burden of past—and ongoing—injustices in the immigration system, but it falls to people across the country to overturn the legacies of figures like Albert Johnson and the ongoing, bipartisan xenophobia that lives on beyond him.

Devin E. Naar is an associate professor of history and Jewish studies and the Isaac Alhadeff professor in Sephardic studies at the University of Washington in Seattle.

Made by History takes readers beyond the headlines with articles written and edited by professional historians. Learn more about Made by History at TIME here . Opinions expressed do not necessarily reflect the views of TIME editors .

Correction, July 9: The original headline on this story mischaracterized the Immigration Restriction Act. It was America's first comprehensive federal immigration law, not America's first federal immigration law overall.

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Write to Devin E. Naar / Made by History at [email protected]

Politics | Shooting at Trump rally is being investigated…

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Politics | Shooting at Trump rally is being investigated as assassination attempt

A bloodied Donald Trump is surrounded by Secret Service agents at a campaign rally in Butler, Pa, on July, 13, 2024. The former president was rushed off stage at rally after sounds like shots; the former president was escorted into his motorcade at his rally in Butler, Pa., a rural town about an hour north of Pittsburgh. (Doug Mills/The New York Times)

Former President Donald Trump touches his ear as he speaks at a campaign rally in Butler, Pa., on July, 13, 2024. Trump was escorted off the stage by Secret Service agents and into his motorcade just minutes into his rally in Butler, Pa., on Saturday, after a series of pops that sounded like gunshots rang out. (Doug Mills/The New York Times)

Former President Donald Trump inspects his hand after touching his ear, as he speaks at a campaign rally in Butler, Pa, on July, 13, 2024. Trump was escorted off the stage by Secret Service agents and into his motorcade just minutes into his rally in Butler, Pa., on Saturday, after a series of pops that sounded like gunshots rang out. (Doug Mills/The New York Times)

Republican presidential candidate former President Donald Trump is covered by U.S. Secret Service agents at a campaign rally on July 13, 2024, in Butler, Pa. (Evan Vucci/AP)

Secret Service tend to republican presidential candidate former President Donald Trump onstage after a popping noise was heard at a rally on July 13, 2024, in Butler, Pennsylvania. (Anna Moneymaker/Getty Images)

Republican presidential candidate former President Donald Trump is helped off the stage at a campaign event in Butler, Pa., on July 13, 2024. (Gene J. Puskar/AP)

Republican presidential candidate former President Donald Trump is surrounded by U.S. Secret Service agents at a campaign rally, Saturday, July 13, 2024, in Butler, Pa. (Evan Vucci/AP)

A bloodied Donald Trump is surrounded by Secret Service agents at a campaign rally in Butler, Pa, on July, 13, 2024. The former president was escorted off the stage by Secret Service agents and into his motorcade just minutes into his rally in Butler, Pa., on Saturday, after a series of pops that sounded like gunshots rang out. (Eric Lee/The New York Times)

People take cover as U.S. Secret Service agents surround Republican presidential candidate former President Donald Trump on stage at a campaign rally on July 13, 2024, in Butler, Pa. (Evan Vucci/AP)

Republican presidential candidate former President Donald Trump is surrounded by U.S. Secret Service agents at a campaign rally on July 13, 2024, in Butler, Pa. (Evan Vucci/AP)

People hug after Republican presidential candidate former President Donald Trump was helped off the stage at a campaign event in Butler, Pa., on Saturday, July 13, 2024. (AP Photo/Gene J. Puskar)

Republican presidential candidate former President Donald Trump is surrounded by U.S. Secret Service agents at a campaign rally, Saturday, July 13, 2024, in Butler, Pa. (AP Photo/Evan Vucci)

People react after a series of pops that sounded like gunshots as former President Donald Trump appears at a campaign rally in Butler, Pa, on Saturday, July, 13, 2024. The former president was escorted off the stage by Secret Service agents and into his motorcade just minutes into his rally in Butler, Pa., on Saturday, after a series of pops that sounded like gunshots rang out. (Eric Lee/The New York Times)

Republican presidential candidate former President Donald Trump pumps his fist as he is escorted into a vehicle at a campaign event in Butler, Pa., on July 13, 2024. (Gene J. Puskar/AP)

U.S. Secret Service agents surround the stage as other agents cover Republican presidential candidate former President Donald Trump at a campaign rally on July 13, 2024, in Butler, Pa. (Evan Vucci/AP)

Republican presidential candidate former President Donald Trump is surrounded by U.S. Secret Service agents as he is taken to a vehicle at a campaign rally on July 13, 2024, in Butler, Pa. (Evan Vucci/AP)

Law enforcement officers gather at the campaign rally site for Republican presidential candidate former President Donald Trump on July 13, 2024, in Butler, Pa. Trump's campaign said in a statement that the former president was "fine" after a shooting at his rally in Butler (Evan Vucci/AP)

A campaign rally site for Republican presidential candidate former President Donald Trump is empty and littered with debris on July 13, 2024, in Butler, Pa. (Evan Vucci/AP)

A campaign rally site for Republican presidential candidate former President Donald Trump is empty and littered with debris July 13, 2024, in Butler, Pa. (Evan Vucci/AP)

A campaign rally site for Republican presidential candidate former President Donald Trump is empty on July 13, 2024, in Butler, Pa. Trump's campaign said in a statement that the former president was "fine" after a shooting at his rally in Butler (Evan Vucci/AP)

Republican presidential candidate former President Donald Trump arrives for a campaign rally on July 13, 2024, in Butler, Pa. (Evan Vucci/AP)

Republican presidential candidate former President Donald Trump speaks during a campaign rally on July 13, 2024, in Butler, Pa. (Evan Vucci/AP)

Former President Donald Trump was the target of an apparent assassination attempt Saturday at a Pennsylvania rally, days before he was to accept the Republican nomination for a third time. A barrage of gunfire set off panic, and a bloodied Trump, who said he was shot in the ear, was surrounded by Secret Service and hurried to his SUV as he pumped his fist in a show of defiance.

Trump’s campaign said the presumptive GOP nominee was doing “fine” after the shooting, which he said pierced the upper part of his right ear.

“I knew immediately that something was wrong in that I heard a whizzing sound, shots, and immediately felt the bullet ripping through the skin. Much bleeding took place,” he wrote on his social media site.

The FBI early Sunday identified the shooter as Thomas Matthew Crooks, 20, of Bethel Park, Pennsylvania. The agency said the investigation remains active and ongoing.

Secret Service agents fatally shot Crooks, who attacked from an elevated position outside the rally venue at a farm show in Butler, Pennsylvania, the agency said.

One attendee was killed and two spectators were critically injured, authorities said. All were identified as men.

The attack was the most serious attempt to assassinate a president or presidential candidate since Ronald Reagan was shot in 1981 . It drew new attention to concerns about political violence in a deeply polarized U.S. less than four months before the presidential election. And it could alter the tenor and security posture at the Republican National Convention, which will begin Monday in Milwaukee.

Organizers said the convention would proceed as planned.

Trump flew to New Jersey after visiting a local Pennsylvania hospital, landing shortly after midnight at Newark Liberty International Airport. Video posted by an aide showed the former president deplaning his private jet flanked by U.S. Secret Service agents and heavily armed members of the agency’s counter assault team, an unusually visible show of force by his protective detail.

President Joe Biden, who is running against Trump, was briefed on the incident and spoke to Trump several hours after the shooting, the White House said.

“There’s no place in America for this type of violence,” the president said in public remarks.  “It’s sick. It’s sick.”

Biden planned to return to Washington early, cutting short a weekend at his beach home in Rehoboth Beach, Delaware.

Many Republicans quickly blamed the violence on Biden and his allies, arguing that sustained attacks on Trump as a threat to democracy have created a toxic environment. They pointed in particular to a comment Biden made to donors on July 8, saying “it’s time to put Trump in the bullseye.”

Officials said members of the U.S. Secret Service counterassault team killed the shooter. The heavily armed tactical team travels everywhere with the president and major party nominees and is meant to confront any active threats while other agents focus on safeguarding and evacuating the person at the center of protection.

Law enforcement recovered an AR-style rifle at the scene, according to a third person familiar with the matter who spoke on condition of anonymity to discuss the ongoing investigation.

An AP analysis of more than a dozen videos and photos from the scene of the Trump rally, as well as satellite imagery of the site, shows the shooter was able to get astonishingly close to the stage where the former president was speaking.

A video posted to social media and geolocated by the AP shows the body of a person wearing gray camouflage lying motionless on the roof of a building at AGR International Inc., a manufacturing plant just north of the Butler Farm Show grounds where Trump’s rally was held.

The roof where the person lay was less than 164 yards from where Trump was speaking, a distance from which a decent marksman could reasonably hit a human-sized target. For reference, 150 meters is a distance at which U.S. Army recruits must hit a scaled human-sized silhouette to qualify with the M-16 rifle. The AR-15, like the shooter at the Trump rally had, is the semi-automatic civilian version of the military M-16.

Asked at the press conference whether law enforcement did not know the shooter was on the roof until he began firing, Kevin Rojek, Special Agent in Charge of the FBI’s Pittsburgh Field Office, responded that “that is our assessment at this time.”

“It is surprising” that the gunman was able to open fire on the stage before the Secret Service killed him, he added.

Homeland Security Secretary Alejandro Mayorkas, whose department oversees the Secret Service, said officials were engaged with the Biden and Trump campaigns and “taking every possible measure to ensure their safety and security.”

A rally disrupted by gunfire

Trump was showing off a chart of border crossing numbers when the gunfire began after 6:10 p.m.

As the first pop rang out, Trump said, “Oh,” and the raised his hand to his right ear and looked at it, before quickly crouching to the ground behind his lectern. The people in the stands behind him also crouched down as screams rang through the crowd.

Someone could be heard near the microphone saying, “Get down, get down, get down, get down!” as agents rushed to the stage. They piled atop the former president to shield him with their bodies, as is their training protocol, as other agents took up positions on stage to search for the threat.

Screams were heard in the crowd of several thousand people. A woman screamed louder than the rest. Afterward, voices were heard saying “shooter’s down” several times, before someone asked “are we good to move?” and “are we clear?” Then, someone ordered, “Let’s move.”

Trump could be heard on the video saying at least twice, “Let me get my shoes, let me get my shoes,” with another voice heard saying, “I’ve got you sir.”

Trump got to his feet moments later and could be seen reaching with his right hand toward his face, which was smeared with blood on his face. He then pumped his fist in the air and appeared to mouth the word “Fight” twice to his crowd of supporters, prompting loud cheers and then chants of “USA. USA. USA.”

The crowd cheered as he got back up and pumped his fist.

His motorcade left the venue moments later. Video showed Trump turning back to the crowd and raising a fist right before he was put into a vehicle.

Witnesses heard multiple gunshots and ducked for cover

“Everybody went to their knees or their prone position, because we all knew, everyone becoming aware of the fact this was gunfire,” said Dave McCormick, the Republican candidate for U.S. Senate in Pennsylvania, who was sitting to Trump’s right on stage.

As he saw Trump raise his fist, McCormick said, he looked over his shoulder and noticed someone had been hit while sitting in the bleachers behind the stage.

Eventually, first responders were able to carry the injured person out of a large crowd so he could get medical care, McCormick said.

Reporters covering the rally heard five or six shots ring out and many ducked for cover, hiding under tables. After the first two or three bangs, people in the crowd looked startled, but not panicked. An AP reporter at the scene reported the noise sounded like firecrackers at first or perhaps a car backfiring.

When it was clear the situation had been contained and Trump would not return to speak, attendees started filing out of the venue. One man in an electric wheelchair got stuck on the field when his chair’s battery died. Others tried to help him move.

Police soon told the people remaining to leave the venue and Secret Service agents told reporters to get “out now. This is a live crime scene.”

Two firefighters from nearby Steubenville, Ohio, who were at the rally told the AP that they helped people who appeared injured and heard bullets hitting broadcast speakers.

“The bullets rattled around the grandstand, one hit the speaker tower and then chaos broke. We hit the ground and then the police converged into the grandstands,” Chris Takach said.

“The first thing I heard is a couple of cracks,” Dave Sullivan said.

Sullivan said he saw one of the speakers get hit and bullets rattling and, “we hit the deck.”

He said once Secret Service and other authorities converged on Trump, he and Takach assisted two people who may have been shot in the grandstand and cleared a path to get them out of the way.

“Just a sad day for America,” said Sullivan, who recalled that fluid sprayed from a mechanical line on the stage before a speaker tower started to fall.

“Then we heard another shot that, you could hear, you knew something was, it was bullets. It wasn’t firecrackers,” he said.

Political violence again shakes America

The perils of campaigning took on a new urgency after the assassination of Robert F. Kennedy in California in 1968, and again in 1972 when Arthur Bremer shot and seriously hurt George Wallace, who was running as an independent on a campaign platform that has sometimes been compared to Trump’s. That led to increased protection of candidates, even as the threats persisted, notably against Jesse Jackson in 1988 and Barack Obama in 2008.

Presidents, particularly after the assassination of John F. Kennedy in 1963, have even greater layers of security. Trump is a rarity as both a former president and a current candidate.

North Dakota Gov. Doug Burgum, Florida Sen. Marco Rubio and Ohio Sen. JD Vance, the three men on Trump’s shortlist for vice president, all quickly sent out statements expressing concern for the former president, with Rubio sharing an image taken as Trump was escorted off stage with his fist in the air and a streak of blood on his face along with the words “God protected President Trump.”

Pennsylvania Gov. Josh Shapiro, a Democrat, said in a statement on X that he had been briefed on the situation and Pennsylvania state police were on hand at the rally site.

“Violence targeted at any political party or political leader is absolutely unacceptable. It has no place in Pennsylvania or the United States,” he said.

More in Politics

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