Fox News 2024-07-03 00:07:54


Trump sentencing could be delayed as Bragg’s office says it’s not opposed to postponing

Manhattan District Attorney Alvin Bragg told Judge Juan Merchan Tuesday that he does not oppose former President Trump’s request to delay his sentencing scheduled for next week.

Trump on Monday moved to overturn his criminal conviction in the Manhattan case after the U.S. Supreme Court ruled that a former president has substantial immunity for official acts committed while in office.

TRUMP IMMUNITY CASE: SUPREME COURT RULES EX-PRESIDENTS HAVE SUBSTANTIAL PROTECTION FROM PROSECUTION

In a 6-3 decision, the court narrowed the case against the former president and returned it to the trial court to determine what is left of special counsel Jack Smith’s indictment. 

Bragg charged Trump last year, and after a six-week trial last month, a jury found him guilty on all 34 counts of falsifying business records in the first degree. Trump had pleaded not guilty. 

Trump sent a letter to Merchan Monday night asking for permission to file a motion to vacate the jury’s Manhattan verdict and asking for a delay of his scheduled July 11 sentencing. 

TRUMP TOUTS SUPREME COURT’S PRESIDENTIAL IMMUNITY RULING AS ‘BIG WIN FOR OUR CONSTITUTION AND FOR DEMOCRACY’

To file a motion in New York, defense and prosecution must first request permission from the judge in the case. 

Bragg, on Tuesday, responded to that request. 

“We are in receipt of defendant’s pre-motion letter dated July 1, 2024 seeking leave to file a motion to set aside the verdict pursuant to CPL § 330.30(1) based upon the Supreme Court’s July 1, 2024 decision in Trump v. United States,” Bragg wrote. “In that letter, defendant requested until July 10, 2024 to submit a memorandum of law in support of such motion.” 

“While defendant’s letter states that he does ‘not object to an adjournment of the July 11, 2024 sentencing date,’ his request to file moving papers on July 10 is necessarily a request to adjourn the sentencing hearing currently scheduled for July 11, 2024 pending resolution of the motion,” he wrote. “Although we believe defendant’s arguments to be without merit, we do not oppose his request for leave to file and his putative request to adjourn sentencing pending determination of his motion.” 

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Bragg requested a deadline of July 24 — two weeks after Trump’s requested deadline — to file and serve a response.

Trump’s sentencing was previously scheduled for July 11 — just days before the Republican National Convention, where Trump is expected to be formally nominated as the 2024 Republican presidential nominee. 

Red flags for Biden after debate performance impact exposed in new national poll

Former President Trump has gone ahead of President Biden in their 2024 election rematch in the aftermath of last week’s presidential debate, according to a new national poll conducted in the wake of Biden’s extremely rough performance during Thursday’s face-to-face showdown between the two major party contenders.

Trump stands at 41% support and Biden at 38% among registered voters nationwide in a USA Today/Suffolk University survey conducted Friday through Sunday and released on Tuesday.

The Democratic incumbent in the White House and his Republican predecessor were tied at 37% in the previous USA Today/Suffolk University poll, which was conducted in May.

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Democrat turned independent presidential candidate Robert F. Kennedy Jr. stood at 8% support in the new survey, with Libertarian Party nominee Chase Oliver, independent Cornel West and Green Party candidate Jill Stein each registering at around 1% support.

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Biden, who at age 81 is the oldest president in the nation’s history, is facing the roughest stretch of his bid for a second term in the White House. This, after his halting delivery and stumbling answers at the debate, sparked widespread panic in the Democratic Party and spurred calls from political pundits, editorial writers, and some party politicians and donors for Biden to step aside as the party’s 2024 standard-bearer.

While Trump’s advantage in the new survey is within the poll’s margin of error of plus or minus 3.1 percentage points, there are other warning signs for Biden.

In numbers from the poll released on Monday afternoon, 41% of Democrats questioned said they wanted Biden replaced at the top of the Democratic Party ticket.

Only 14% of Republicans surveyed said they would like to see Trump replaced at the top of the GOP ticket.

“There’s no question the debate sent out shock waves across the political landscape,” Suffolk Political Research Center director David Paleologos said. “Democrats in the poll are offering tough love to President Biden by saying to him, ‘You’ve served us well, but try to see yourself last Thursday night through our eyes. Hold your head up high, it’s time to go.'”

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The poll also indicates that Trump now leads Biden 25% to 17% as the second choice for voters currently backing one of the third-party or independent candidates. That is a switch from late last year, when Biden had the edge.

“After Thursday night’s debate, the Suffolk University/USA TODAY poll measured Biden’s poor debate performance and the resulting landscape shift that has essentially prevented those third-party voters from coming around to Biden,” Paleologos told Fox News. “In fact, the debate produced a group of voters who are now not comfortable with voting for Biden as either a first or second choice.”

The survey also indicates that Trump supporters – at 59% – are much more excited about their candidate than Biden backers – at 29%. Such a large enthusiasm gap, if it holds, could be consequential when it comes to convincing supporters to actually vote in the autumn election.

The survey questioned 1,000 registered voters across the country, reaching them by telephone landlines and cell phones.

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Trans non-binary runner is headed to Olympics after breaking record at trials

Nikki Hiltz, a biological female who identifies as transgender non-binary, qualified for the U.S. Olympic team on Sunday after winning the women’s 1,500-meter race at the trials over the weekend.

Hiltz set the meet record with their run. Hiltz clocked in at 3 minutes and 55.53 seconds, breaking the mark set by Elle St. Pierre in 2021. Hiltz also won the 1,500-meter race at the 2023 U.S. Championships.

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“I told myself, I’m not going to think about all the love and support (I have) until 100 meters to go,’” Hiltz said, via Runner’s World. “And then, at that moment, you can let it all fill you up and push you to the finish line.’ That’s exactly what I did, and I think that’s what brought me home.”

Hiltz also noted that it was the last day of Pride month.

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“I literally can’t believe it. I mean, this is bigger than me,” Hiltz said in an interview with NBC Sports. “It’s the last day of Pride month. I wanted to run this one for my community, and yeah, all the LGBTQ folks. You guys brought me home that last hundred [meters]. I could just feel the love and support.”

Hiltz continued their celebration on Monday.

“Woke up an Olympian,” they said.

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Hiltz raced collegiately at Oregon and Arkansas in the mid-2000 and was an All-American in 2018. Hiltz won a silver medal in the 2024 World Indoor Championships in Glasgow, Scotland, and a gold in the 2019 Pan American Games in Lima, Peru.

Mark Wahlberg is ‘living every guy’s fantasy’ with new onscreen romance

Mark Wahlberg is living the dream in more ways than one.

The “Boogie Nights” star is appearing alongside Halle Berry in a new Netflix movie next month titled “The Union” in which his character, a blue-collar worker, gets a second chance with his high school sweetheart who happens to be a secret agent superspy.

“… Halle, her and I have known each other for such a long time, and this movie is going to be so great because it’s every guy’s fantasy, to think that they got a shot with Halle Berry,” he told Fox News Digital.

Referring to the characters, he continued, “They were childhood sweethearts, and they come back together. He basically waited 25 years for her to come back, walk back through that door and into his life, and it happens, and there isn’t anything he wouldn’t do to prove himself to her if he got a second chance. For me, that was the whole motivation of the character: just do anything he could to not screw it up again.”

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Wahlberg, happily married to his wife of 15 years, Rhea Durham, admitted that playing romantically opposite anyone is always “a little weird,” but the couple is secure in their relationship.

“I think it’s a little weird anyway when you’re portraying some sort of romance onscreen, it’s not normal, but my wife knows that she is my everything,” he said. “She is the most special woman in the world.”

WATCH: MARK WAHLBERG SAYS WORKING WITH HALLE BERRY IS ‘EVERY GUY’S FANTASY’

The couple share four children: Ella, 20, Michael, 18, Brendan, 15, and Grace, 14. 

Last week, Wahlberg shared photos of himself accompanying Ella on a shopping trip near Clemson University in Clemson, South Carolina, where she attends college.

MARK WAHLBERG ADMITS HE ALWAYS FALLS ASLEEP DURING A CERTAIN BEDTIME ROUTINE WITH WIFE

The “Family Plan” star posted a photo of him sitting in a chair next to racks of clothes and wrote in the caption, “When you go visit your daughter at college and end up in Love Shack Fancy #family #girldad.”

He and Ella also posed together with big smiles on their faces in a photo Wahlberg shared on Instagram, writing, “So proud of this young lady.”

“Dad has only a few purposes in life, to do what they want when they want me to do it. And I don’t mind doing that, we had an amazing time down in Charleston,” he told Fox News Digital.

The 53-year-old added, “Only for her, her sister, her mom, will I go into a store like that.”

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More in line with his own taste, Wahlberg continues to expand his own brand, Municipal, which just opened its Pro Shop on Melrose Avenue in West Hollywood, California.

“Everything that we do is aspirational. It doesn’t matter where you come from, where you start, there isn’t anything you can’t accomplish if you’re willing to do the work. It’s how I live my life every day. Everyone who’s a part of Municipal …for us, it’s all about the dream, the plan and the hustle, making things happen,” he said of the brand.

WATCH: MARK WAHLBERG REVEALS ONE THING HE’LL ONLY DO FOR THE WOMEN IN HIS FAMILY

Municipal was co-founded in 2019 by Wahlberg and Harry Arnett.

Arnett told Fox News Digital, “I mean, this has been 15 years in the making. The very first time that Mark and I ever met, we started talking about the need to do a brand that was going to totally change the game with fashion, cool-factor style, but also the stuff you just wear everywhere.”

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He continued, joking that he and the noted fitness devotee “have very similar lifestyles,” adding, “But in a weird way, Mark’s constantly multitasking, in the gym, outside of the gym, everywhere you go, stuff that goes seamlessly and performs better than anything else, and that was kind of our dream for Municipal. And here we are 15 years later, standing in the Municipal store, it’s pretty surreal.”

Wahlberg explained that the goal for the brand is simple, “To create the most amazing athleisure brand on the planet for the everyman. … We want to create something that is very, very special. If you’re going to spend a little extra money, you’re going to spend it on quality. And everything that we do is quality, first, second and third.” 

He’s also dedicated to giving back to the community through the brand, revealing they have plans for golf courses and basketball courts, among other projects.

“When we build our first Municipal golf course, you know who’s going to get a free membership or access to the club and to the fitness component of it? All the people that work for the city and the state and work for municipalities, people who serve their community, it’s always about giving back. Those are the real heroes,” he said.

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The devout Catholic marked the opening of the store with a blessing by a priest, who told the crowd, “Mark has been my great friend for many years. I’m so grateful for him, thank you very much.”

Wahlberg had Diocese of Orange Christ Cathedral Bishop Kevin W. Vann bless his recently opened restaurant, Flecha, as well. 

WATCH: MARK WAHLBERG REVEALS NEW PLANS FOR HIS CLOTHING BRAND TO GIVE BACK

Wahlberg told Fox News Digital at the grand opening in June that he credits his success to, “my faith and my family and just finding good balance. But I have to attribute all my success to my faith.”

The Boston-born and raised star shares his Catholic faith with his upcoming co-star Mel Gibson.

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The pair stars in the new film “Flight Risk,” and Wahlberg plays a wilderness pilot who becomes a crazed hit man.

Wahlberg said he has no intention of taking charge in the air but is excited for the challenge presented by the role.

“I’m not interested in being a pilot. I don’t like flying at all, but I was very interested in playing a villain again,” he said. “I hadn’t done that since ‘Fear’ 30 years ago.”

In “Fear,” Wahlberg played a young Reese Witherspoon’s obsessive and abusive boyfriend, who terrorizes her and her family once she rejects him. 

“To be able to go back there and play somebody who is [a villain] … it’s an amazing character. I think people are going to be shocked when they see the movie. It’s going to be a good one this summer.”

College football star, Heisman Trophy contender arrested after traffic stop

Ollie Gordon, a Heisman Trophy contender and star running back for Oklahoma State, was arrested on Sunday on DUI and speeding charges, according to authorities.

Gordon, 20, was stopped on Interstate 35 near Moore, Oklahoma, early Sunday morning after a highway patrol officer noticed a swerving car going about 82 mph, KOCO-TV reported, citing a police report. The trooper wrote he noticed “an odor associated with an alcoholic beverage” emanating from the vehicle.

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The football player reportedly told the officer that he had not been drinking but had been around friends who had. He refused to do a field sobriety test and later admitted to consuming one alcoholic beverage, according to the report.

Gordon also revealed he had two open containers of alcohol in his vehicle, the station reported. He was later taken to Cleveland County Jail, and a breath sample later revealed he had a BAC of 0.11, which is over the legal limit for an adult younger than 21 years old.

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Gordon was the Big 12 Player of the Year in 2023 and was an All-American for the first time in his career. He decided to return to the Cowboys following his sophomore season.

He had 1,732 rushing yards and 21 touchdowns for Oklahoma State.

“We are aware of the situation,” the school told the station.

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Gordon faces charges of DUI under 21 years of age, transporting an open container of alcohol, failing to maintain a single lane of traffic and speeding.

Aaron Rodgers’ wherabouts revealed after unexcused Jets minicamp absence

The New York Jets had a glaring hole in their mandatory minicamp roster, as quarterback Aaron Rodgers was not present before the team broke for their summer rest period prior to training camp. 

Jets head coach Robert Saleh noted that Rodgers let the team know that he was not going to make it to minicamp, but it still went down as an unexcused absence. 

Well, according to SNY TV, that absence was a pre-planned trip to Egypt. 

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SNY added that Rodgers had planned the trip during his Achilles injury recovery. 

The report goes on to say the Jets were made aware of Rodgers’ trip when minicamp dates were announced for June 11 and 12. However, despite the unexcused absence, SNY reported the Jets are not concerned that this will impact Rodgers heading into camp. 

Rodgers was not absent for the entire offseason workout program for the Jets, as he was present for the team’s Phase 1 of voluntary workouts. While he did miss a week of Phase 2, Rodgers was present for every organized team activity. 

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Despite Rodgers being there with his Jets teammates during the offseason, some critiqued his absence from the mandatory minicamp, including legendary New England Patriot Julian Edelman. 

“I think it’s a bad look for your leader, for whatever reason, to go and miss an unexcused absence,” Edelman said. 

“I was with Tom Brady in his 25th year or 23rd year, and he started missing OTAs here and there, but he never missed a mandatory minicamp. I just thought it was a bad look.”

At that time, no one knew what Rodgers’ trip was, but considering his public acknowledgment of various retreats and ayahuasca usage, fans and sports personalities alike were making their assumptions. 

However, Saleh and GM Joe Douglas did not show much qualm with this absence, especially considering Rodgers appearing throughout the summer to work with his team. 

Rodgers’ debut for the Jets last season was a roller coaster, as a sold-out MetLife Stadium was in a frenzy with him running onto the turf with an American flag on “Monday Night Football.” However, just four snaps into his opening drive, Rodgers tore his Achilles, ending his season just as it was getting started. 

The Jets have seen Rodgers recover well since that moment last September, and they are confident he will be ready for Week 1. 

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Meanwhile, the Jets seem to be more worried about Haason Reddick, the edge rusher they traded for this offseason who is holding out due to a contract dispute. 

‘Rust’ armorer serving sentence makes ‘bombshell’ accusation before Alec Baldwin trial

Hannah Gutierrez Reed is requesting immediate release from prison as the “Rust” armorer prepares to seek a new trial.

Gutierrez Reed’s lawyer accused the prosecution of withholding “bombshell exculpatory evidence,” which would have led to a “fundamentally different trial and likely a different outcome,” according to court documents filed June 27 and obtained by Fox News Digital.

The armorer’s team claimed the state did not disclose a report that found “unexplained toolmarks on critical surfaces of the trigger and sear” of the Pietta 45 Colt revolver replica used on the Western film set. Gutierrez Reed’s attorney, Jason Bowles, pointed out that the marks were not “the result of the damage incurred during the FBI’s impact testing.” The marks also “do not appear to be original manufacturing marks or use and abuse toolmarks based on [their] irregular orientation,” according to the report.

The state “buried this information” and it was “never disclosed” to Gutierrez Reed or her legal team, Bowles wrote.

ALEC BALDWIN’S ‘RUST’ ARMORER SENTENCED TO MAXIMUM TIME IN FATAL ON-SET SHOOTING

Additionally, Bowles claimed the state then “called the expert at trial and sat idly by as he perjured himself during cross-examination.”

The report showing the “unexplained” toolmarks would likely have “bolstered” Gutierrez Reed’s defense, according to the court documents.

“Ms. Gutierrez Reed’s principal defense theory was that no one had committed a crime and that this was a tragic accident, and if there was any negligence, it was on the part of producers, as found by OSHA,” court docs read. “This defense would have been imminently bolstered by a legally unforeseeable intervening cause – such as a firearm malfunction – that caused Ms. Hutchins’ death.”

Fox News Digital has reached out to special prosecutors in the case for comment.

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Gutierrez Reed was responsible for the firearms on the Western film set where cinematographer Halyna Hutchins was shot and killed on Oct. 21, 2021. Hutchins had been preparing a close-up shot when a gun Alec Baldwin was holding discharged.

Judge Mary Marlowe Sommer sentenced Gutierrez Reed to 18 months in prison after she was convicted in March.

“I find that what you did constitutes a serious, violent offense,” Sommer said after handing down the sentence. “It was committed in a physically violent manner. A fatal gunshot done with your recklessness in the face of knowledge that your acts were reasonably likely to result in serious harm.”

“You were the armorer, the one that’s to be between a safe weapon and a weapon that could kill someone. You alone turned a safe weapon into a lethal weapon. But for you, Mrs. Hutchins would be alive, a husband would have his partner and a little boy would have his mother. Please take her.”

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Gutierrez Reed’s trial, which began Feb. 21, saw testimony from weapons experts, FBI and Santa Fe County authorities, and crew members who witnessed the fatal shooting. The prosecution largely focused on Gutierrez Reed’s behavior as an armorer, alleging she didn’t do her job correctly.

“Hannah Gutierrez knew that Baldwin was loose. She knew it,” special prosecutor Kari Morrissey said during closing arguments. “She didn’t do anything about it, even though it was her job. It was her job. It is her job to say to an A-list actor, if, in fact, that’s what you want to call him, ‘Hey, you can’t behave that way with those firearms.’ That is her job. That is what they pay her for. That is the job that she applied for. That is the job that she accepted.”

Gutierrez Reed’s legal team had told the jury that the prosecution hadn’t presented enough evidence to convict the armorer of involuntary manslaughter.

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Woman awarded major payday after being fired for refusing COVID-19 vaccine requirement

A Tennessee woman who was fired from BlueCross BlueShield of Tennessee (BCBST) for refusing to comply with its COVID-19 vaccine requirement for employees has received a settlement worth nearly $700,000.

A federal jury found that Tanja Benton “proved by a preponderance of the evidence” that her decision to refuse the vaccine was based on a “sincerely held religious belief,” according to the settlement obtained by WTVC.

For a total of over $687,000, the jury awarded Benton more than $177,000 in back pay, $10,000 in compensatory damages and $500,000 in punitive damages.

Benton, who worked at BCBST from 2005 through November 2022 primarily as a bio statistical research scientist, said in her lawsuit that her job did not include regular contact with people, WTVC reported. She said she only interacted with 10 to 12 clients each year and sometimes those occasional interactions were not in person.

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The lawsuit also noted that Benton never had contact with patients as part of her job.

Benton said she worked from home for a year and a half during the pandemic, and didn’t have any complaints until BCBST announced employee vaccine requirements.

She refused to get the vaccine, purporting in her lawsuit that she “firmly believes, based upon personal research, that all COVID-19 vaccines are derived from aborted fetus cell lines.” Benton said she “cannot in good conscience” receive the vaccine because it “would not only defile her body but also anger and dishonor God.”

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Following BCBST’s announcement of a vaccine requirement, Benton submitted a request for a religious exemption, but the company denied it and told her she could not keep her job unless she complied.

Benton appealed and explained she did not come into contact with people at her job, but was allegedly told there are no exceptions for anyone with her job title. It was also suggested that she start looking for another job, according to the lawsuit.

BCBST ultimately fired Benton, which led her to file the federal lawsuit.

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“The vaccine requirement was the best decision for the health and safety of our employees and members – some of whom are the most vulnerable in the state – and our communities,” BCBST previously told WTVC. “We appreciate our former employees’ service to our members and communities throughout their time with BlueCross.”

Costco agrees to $2M payout in class action lawsuit — and you could get a piece of it

People who purchased Kirkland Signature Moist Flushable Wipes from Costco in the past may be eligible for a piece of a $2 million class action lawsuit settlement.

The payments are for consumers who purchased the wipes between July 1, 2011, and May 31, 2017, according to Top Class Actions. 

Costco has not admitted any wrongdoing, the legal news website states. However, the company has agreed to pay $2 million to “resolve the false advertising class action lawsuit.”

“The plaintiffs claim flushing them caused damage to pipes, septic systems, sewage lines and other plumbing,” Top Class Actions website reads. “Consumers argue they would not have purchased the wipes if they knew they were not truly flushable as advertised.”

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Class members can receive $1.30 per purchased product, with a minimum payment of $7.50 and a maximum payment of $55.90, which equates to 43 products. Proof of purchase is not required to receive payment, and the deadline to submit a valid claim must be made on this website by Aug. 9. 

Alexander Kraus, a maintenance worker for Kenosha Water Utility, does not believe there is such a thing as a “flushable” wipe, considering how well intact they are when he encounters them in sewers.

COSTCO-LOVING MAN CAUGHT OFF GUARD BY LOVED ONES IN STORE FOR HIS SURPRISE BIRTHDAY PARTY

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COST COSTCO WHOLESALE CORP. 845.67 -4.32 -0.51%

“They cling onto any small deposits or points where tree roots make their way into the sewer laterals,” he told FOX Business. “It’s just a matter of time before a backup occurs, especially from apartment complexes.”

He said most work clearing backups due to wipes can be done by flushing the pipe, which is about an hour job, but the work is a “stop gap until it clogs up, and we’re out to do it all over again.”

Sometimes, Kraus said, workers need to dig up and repair the sewer lateral for replacement, which is a full eight-hour project. 

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Costco did not immediately respond for comment, but the wholesale retailer is still selling flushable wipes. Photographs of the product on its website show packaging that states, “Never flush more than one wipe at a time.”