By MARY CLARE JALONICK and ERIC TUCKER, Associated Press

WASHINGTON (AP) — The Senate is set to vote as soon as Tuesday evening to confirm former Trump lawyer Emil Bove for a lifetime appointment as a federal appeals court judge despite vocal Democratic opposition and a new whistleblower complaint against him.

The whistleblower provided Congress with an audio recording of Bove that runs contrary to some of his testimony at his confirmation hearing last month, according to two people familiar with the recording. The audio is from a private video conference call at the Department of Justice in February in which Bove, a top official at the department, discussed his handling of the dismissed corruption case against New York City Mayor Eric Adams, according to transcribed quotes from the audio reviewed by The Associated Press.

The people spoke on the condition of anonymity because the whistleblower has not made the recording public. The whistleblower’s claims were first reported by the Washington Post.

Sen. Susan Collins, R-Maine, departs the chamber as the Senate holds a procedural vote on the nomination of Emil Bove, who served on President Donald Trump’s criminal defense team, to be a U.S. Circuit Court judge for the 3rd U.S. Circuit Court of Appeals, at the Capitol in Washington, Thursday, July 24, 2025. (AP Photo/J. Scott Applewhite)

Democrats attempt to block Bove

The new evidence comes as Democrats try to delay Bove’s confirmation and convince more Republicans to vote against him. A different whistleblower, a fired department lawyer, said earlier this month that Bove had suggested the Trump administration may need to ignore judicial commands — a claim that Bove denies.

None of that evidence has so far been enough to sway Senate Republicans — all but two of them voted last week to move forward on his nomination as Senate Republicans defer to Trump on virtually all of his picks.

A former federal prosecutor in the Southern District of New York, Bove was on Trump’s legal team during his New York hush money trial and defended Trump in the two federal criminal cases brought by the Justice Department. If confirmed by the Senate, he’ll serve on the 3rd U.S. Circuit Court of Appeals, which hears cases from Delaware, New Jersey and Pennsylvania.

Bove was at the forefront of the department’s decision to dismiss the case against Adams and also efforts to investigate department officials who were involved in the prosecutions of hundreds of Trump supporters who were involved in the Jan. 6, 2021, attack on the Capitol. Bove has accused FBI officials of “insubordination” for refusing to hand over the names of agents who investigated the attack and ordered the firing of a group of prosecutors involved in those Jan. 6 criminal cases.

At his confirmation hearing earlier this month, Bove addressed criticism of his tenure head-on, telling lawmakers he understands some of his decisions “have generated controversy.” But Bove said he has been inaccurately portrayed as Trump’s “henchman” and “enforcer” at the department.

Senate Minority Leader Chuck Schumer, D-N.Y., speaks with reporters as the Senate holds its first procedural vote on Emil Bove’s nomination for the 3rd Circuit Court of Appeals, at the Capitol in Washington, Tuesday, July 22, 2025. (AP Photo/J. Scott Applewhite)

A February call casts a shadow over his confirmation

Senators at the Judiciary Committee hearing asked Bove about the February 14 call with lawyers in the Justice Department’s Public Integrity Section, which had received significant public attention because of his unusual directive that the attorneys had an hour to decide among themselves who would agree to file on the department’s behalf the motion to dismiss the case against Adams.

The call was convened amid significant upheaval in the department as prosecutors in New York who’d handled the matter, as well as some in Washington, resigned rather than agree to dispense with the case.

According to the transcript of the February call, Bove remarked near the outset that interim Manhattan U.S. Attorney Danielle Sassoon “resigned about ten minutes before we were going to put her on leave pending an investigation.” But when asked at the hearing whether he had opened the meeting by emphasizing that Sassoon and another prosecutor had refused to follow orders and that Sassoon was going to be reassigned before she resigned, Bove answered with a simple, “No.”

At another moment, Bove said he did not recall saying words that the transcript of the call reflects him as having said — that whoever signed the motion to dismiss the Adams case would emerge as leaders of the section.

Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, right, greets Sen. Lindsey Graham, R-S.C., as the panel meets to advance President Donald Trump’s nominees for the federal bench, including Emil Bove, Trump’s former defense lawyer, at the Capitol in Washington, Thursday, July 17, 2025. (AP Photo/J. Scott Applewhite)

Republicans decry ‘eleventh-hour’ whistleblower claims

A spokeswoman for Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, said that Grassley’s staff has spoken to more than a dozen people who have reached out to the committee, but that the most recent “eleventh-hour” whistleblower allegations “reek of a bad faith attempt to sink a nominee who’s already received committee approval.”

At a separate committee meeting earlier this month, when Democrats walked out in protest, Grassley said that Bove “has a strong legal background and has served his country honorably.”

Since then, Democrats have tried to delay the confirmation, calling for additional votes as Republicans quickly moved his nomination to the floor. But there is little they can do to stop it. If all Democrats vote against Bove, Senate Republicans can lose three GOP votes and still confirm him if Vice President JD Vance breaks a 50-50 tie.

On Tuesday, Democratic Sens. Cory Booker of New Jersey and Adam Schiff of California called on the Justice Department’s inspector general to tell senators whether Bove was under investigation.

“It is imperative that senators exercise their constitutional duty of advice and consent with full knowledge of Mr. Bove’s actions,” Booker and Schiff wrote the inspector general.

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It’s not the first whistleblower claim against Bove

The first whistleblower complaint against Bove came from a former Justice Department lawyer who was fired in April after conceding in court that Kilmar Abrego Garcia, a Salvadoran man who had been living in Maryland, was mistakenly deported to an El Salvador prison.

That lawyer, Erez Reuveni, described efforts by top Justice Department officials in the weeks before his firing to stonewall and mislead judges to carry out deportations championed by the White House.

Reuveni described a Justice Department meeting in March concerning Trump’s plans to invoke the Alien Enemies Act over what the president claimed was an invasion by the Venezuelan gang Tren de Aragua. Reuveni said Bove raised the possibility that a court might block the deportations before they could happen. Reuveni claims Bove used a profanity in saying the department would need to consider telling the courts what to do and “ignore any such order,” Reuveni’s lawyers said in the filing.

Bove said he has “no recollection of saying anything of that kind.”

Illinois Sen. Dick Durbin, the top Democrat on the Judiciary panel, said that Bove has used his position “to weaponize the Department of Justice against the president’s enemies.”

Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine were the only Republicans to oppose moving forward with Bove’s nomination last week.

“We have to have judges who will adhere to the rule of law and the Constitution and do so regardless of what their personal views may be,” Collins said in a statement. “Mr. Bove’s political profile and some of the actions he has taken in his leadership roles at the Department of Justice cause me to conclude he would not serve as an impartial jurist.”

By SOPHIE AUSTIN, Associated Press

SACRAMENTO, Calif. (AP) — More than 20 mostly Democratic-led states sued the Trump administration Tuesday over its efforts to cut Medicaid payments to the nation’s largest abortion provider — Planned Parenthood.

The move comes in response to the package of tax breaks and spending cuts Trump signed earlier this month. The new cuts are focused on services such as cancer screenings and tests, birth control and treatment for sexually transmitted infections — by ending Medicaid reimbursements for a year for major providers of family planning services.

The cuts apply to groups that received more than $800,000 from Medicaid in 2023. The goal was to target Planned Parenthood, but the legislation also affected a major medical provider in Maine.

California, New York, Washington, D.C., Connecticut and other states argue in a complaint filed in the U.S. District Court for Massachusetts that the provision’s language is unclear about which groups it applies to. They also say it retaliates against Planned Parenthood for advocating for abortion access, violating the free speech clause of the First Amendment.

The states are asking that the portion of the law be blocked and deemed unconstitutional.

The cuts threaten health care access for many low-income Americans, California Attorney General Rob Bonta said at a news conference.

“This attack isn’t just about abortion,” the Democrat said. “It’s about denying vulnerable communities access to care they rely on every day.”

But the U.S. Department of Health and Human Services, named a defendant in the suit, defended the provision.

“States should not be forced to fund organizations that have chosen political advocacy over patient care,” spokesperson Andrew G. Nixon said in an email. “It is a shame that these democrat attorney generals seek to undermine state flexibility and disregard longstanding concerns about accountability.”

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Maine Family Planning, which operates 18 clinics offering a range of services across the state, and Planned Parenthood Federation of America filed separate lawsuits earlier this year challenging the cuts. Planned Parenthood said although it is not specifically named in the law, the provision was meant to affect its nearly 600 centers in 48 states. About a third of those clinics risk closure because of the legislation, which would strip care from more than 1 million patients, the group argues.

A federal judge on Monday ruled Planned Parenthood clinics nationwide must continue to receive Medicaid reimbursements.

Maine Family Planning said it had enough in its reserves to keep seeing patients covered by Medicaid without reimbursements only through October. About half of the group’s patients not seeking abortions are enrolled in Medicaid.

The states’ suit filed Tuesday argues that by pushing Planned Parenthood clinics to close or cut services, it could increase the states’ medical care costs in the long term. Otherwise the cuts will make states use their own funds to keep health centers open.

“Either we have to comply and violate Planned Parenthood’s constitutional rights and then push people to alternative providers that don’t exist, who don’t have the capacity to pick up the slack, or we have to spend upwards of $6 million or more to cover (those services),” said William Tong, Connecticut’s Democratic attorney general.

Federal law already bars taxpayer money from covering most abortions, but some conservatives argue abortion providers use Medicaid money for other health services to subsidize abortion.

Associated Press writer Susan Haigh in Hartford, Connecticut, contributed to this report.

Austin is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Austin on X: @sophieadanna

By DEE-ANN DURBIN, Associated Press

Starbucks said Tuesday it’s confident that new products coming next year — including a cold foam protein drink, coconut water-based beverages and improved baked goods — will help turn around the company’s lagging U.S. sales.

In the meantime, slow U.S. demand continues to be a drag on the company’s results.

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Starbucks reported that its revenue rose 4% to $9.5 billion in its fiscal third quarter. That was better than the $9.3 billion Wall Street expected, according to analysts polled by FactSet.

But same-store sales, or sales at locations open at least a year, fell 2% in the April-June period. That was a bigger decline than Wall Street expected, and it was the sixth straight quarter that the Seattle-based company reported lower same-store sales.

Same-store sales were up in China, Starbucks’ second-largest market, but they fell 2% in the U.S.

Starbucks is spending heavily to turn that around. One big expense in the third quarter was a two-day meeting in Las Vegas, where the company hosted 14,000 store managers and regional leaders.

The company said its net income fell 47% to $558 million in the April-June period. Adjusted for one-time items, its earnings fell 46% to 50 cents per share for the quarter. That was lower than the 65 cents analysts had forecast.

Starbucks shares rose 1.8% in after-hours trading.

By DAVE COLLINS, Associated Press

An off-duty New York City police officer and an executive at an investment firm were among the four people killed by a gunman at a Manhattan office tower.

The officer, Didarul Islam, was working a corporate security detail Monday at the midtown skyscraper that is home to the headquarters of both the NFL and Blackstone, one of the world’s largest investment firms. Blackstone confirmed that Wesley LePatner, a senior managing director specializing in real estate, was fatally shot. Security officer Aland Etienne was also killed, his labor union said.

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The Rudin family, which owns the building and Rudin Management, said in a statement that one of their employees was a victim of the shootings but did not disclose the person’s name at the request of relatives. Police officials said a woman was found dead on the building’s 33rd floor in Rudin’s offices.

NFL Commissioner Roger Goodell said in a memo to staff that an employee at the league’s headquarters was seriously wounded and in stable condition at a hospital but all other workers were safe. He did not name the person.

Authorities identified the shooter as Shane Tamura of Las Vegas and believe he was trying to get to the NFL offices but took the wrong elevator. Mayor Eric Adams said police found a note suggesting he had a grievance against the NFL over a claim that he suffered from chronic traumatic encephalopathy, a degenerative brain disease that has been linked to concussions in contact sports but can’t be diagnosed until death. He had played football in high school in California nearly two decades ago.

Police officer had been on the job for three years

This undated image provided by the New York Police Department shows Officer Didarul Islam, who was shot and killed at a Manhattan office building on Monday, July 28, 2025, in New York. (New York Police Department via AP)

Islam, who had been a New York City police officer for 3 1/2 years, worked out of a precinct in the Bronx, where he lived with his family, officials said. The 36-year-old immigrant from Bangladesh was married with two young sons and a third child on the way, police Commissioner Jessica Tisch said at a news conference.

Tisch said the gunman immediately opened fire on Islam in the building’s lobby.

“He was doing the job that we asked him to do. He put himself in harm’s way. He made the ultimate sacrifice,” she said. “He died as he lived: a hero.”

Well-wishers visited Islam’s home Tuesday, many carrying takeout food for relatives gathered inside. Across the street, a public school where one or more of Islam’s children attended displayed a poster praising him as a loving parent and NYPD hero. Acquaintances from his mosque also stopped by to pay their respects.

“He was a very friendly guy and a hardworking guy,” said Tanjim Talukdar, who knew him best from Friday prayers, but would always get a greeting when they met on the street. “Whenever I see him or he sees me he says, ‘How are you, my brother?’”

“I was really shocked to see the news,” he said.

Blackstone executive was Yale graduate who specialized in real estate

This photo shows Wesley LePatner, an executive at Blackstone Inc., who was shot and killed by a gunman on Monday, July 28, 2025, at the company’s headquarters in New York. (Courtesy of Blackstone Inc. via AP)

LePatner, 43, was Blackstone’s global head of core plus real estate and chief executive officer of Blackstone Real Estate Income Trust, the firm said. She joined the company in 2014 after working for more than a decade at Goldman Sachs, where she also handled real estate.

She graduated summa cum laude from Yale University in 2003 with a bachelor’s degree in history and served on the boards of several organizations, including The Metropolitan Museum of Art, the firm said. A company statement said executives and other employees were devastated by her death and described her as “brilliant, passionate, warm, generous and deeply respected.”

LePatner’s family said their hearts were broken and asked that their privacy be respected as they mourn. They also offered condolences to other families who lost loved ones in the shooting.

“We cannot properly express the grief we feel upon the sudden and tragic loss of Wesley,” they said in a statement. “She was the most loving wife, mother, daughter, sister and relative, who enriched our lives in every way imaginable. To so many others, she was a beloved, fiercely loyal and caring friend, and a driven and extraordinarily talented professional and colleague. ”

Author Bruce Feiler said in a Facebook post that he was shocked, saddened and furious over LePatner’s death. He said they served together on a board at Yale.

“At 43, she was the most effortless and impressive person — you wanted to follow her wherever she went,” he wrote. “A mentor to young women and generous friend to everyone who knew her, she was on the board of her children’s Jewish day school, recently joined the board of The Met, and just felt in every way like the kind of leader we all want and need in these unsettling times.”

Union calls security guard ‘a New York hero’

NYPD officers stand in line during the dignified transfer of Didarul Islam, who was shot and killed by a gunman Monday evening, out of NewYork-Presbyterian/Weill Cornell Medical Hospital to the medical examiner’s office, early Tuesday, July 29, 2025, in New York. (AP Photo/Angelina Katsanis)

Manny Pastreich, president of Local 32BJ of the Service Employees International Union, said in a statement Tuesday that Etienne’s death “speaks to the sacrifice of security officers who risk their lives every day to keep New Yorkers and our buildings safe.”

“Every time a security officer puts on their uniform, they put their lives on the line. Their contributions to our city are essential, though often unappreciated. Aland Etienne is a New York hero. We will remember him as such,” Pastreich said.

Etienne had worked at the building since 2019 and also had a stint there in 2017, the union said. State records show Etienne was licensed as an unarmed security guard since 2017.

Pastreich said the union was helping police and building management with the investigation and offering union members free counseling and support services. He said other security officers and commercial cleaners in the union were working in the building at the time.

Associated Press writers Cedar Attanasio and David Martin contributed to this report.