Trump is not immune from prosecution in his 2020 election interference case

A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election, sharply rejecting the former president’s claims that he is immune from prosecution while setting the stage for additional challenges that could further delay the case. The ruling is significant not only for its stark repudiation of Trump’s novel immunity claims but also because it breathes life back into a landmark prosecution that had been effectively frozen for weeks as the court considered the appeal. Yet the one-month gap between when the court heard arguments and issued its ruling has already created uncertainty about the timing of a trial in a calendar-jammed election year, with the judge overseeing the case last week canceling the initial March 4 date. Trump’s team vowed to appeal, which could postpones the case by weeks or months — particularly if the Supreme Court agrees to take it up. The judges gave Trump a week to ask the Supreme Court to get involved. The eventual trial date carries enormous political ramifications, with special counsel Jack Smith’s team hoping to prosecute Trump this year and the Republican front-runner seeking to delay it until after the November election. If Trump were to defeat President Joe Biden, he could presumably try to use his position as head of the executive branch to order a new attorney general to dismiss the federal cases he faces or potentially could seek a pardon for himself. Tuesday’s unanimous ruling is the second time since December that judges have held that Trump can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6, 2021, when a mob of his supporters stormed the U.S. Capitol. The opinion, which had been expected given the skepticism with which the panel greeted the Trump team’s arguments, was unsparing in its repudiation of Trump’s claim that former presidents enjoy absolute immunity for acts that fall within their official job duties. “Presidential immunity against federal indictment would mean that, as to the President, the Congress could not legislate, the Executive could not prosecute and the Judiciary could not review. We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” the judges wrote. They said the “interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation,” and they rejected Trump’s claim that a president could have “unbounded authority to commit crimes” that would prevent the recognition of election results.

The U.S. to Allow Venezuelans in the Country to Work Legally

The Biden administration says it’s granting temporary legal status to hundreds of thousands of Venezuelans who are already in the country — quickly making them eligible to work — as it grapples with growing numbers of people fleeing the South American country and elsewhere to arrive at the U.S.-Mexico border. The move — along with promises to accelerate work permits for many migrants — may appease Democratic leaders who have pressured the White House to do more to aid asylum seekers, while also providing grist for Republicans who say the President Joe Biden has been too lax on immigration. The Homeland Security Department plans to grant Temporary Protected Status to an estimated 472,000 Venezuelans who arrived in the country as of July 31, making it easier for them to get authorization to work in the U.S. That’s been a key demand of Democratic mayors and governors who are struggling to care for an increased number of migrants in their care. That’s in addition to about 242,700 Venezuelans who already qualified for temporary status before Wednesday’s announcement. The protections for Venezuelans are significant because they account for such a large number of the migrants who have been arriving in the country in recent years. Venezuela plunged into a political, economic and humanitarian crisis over the last decade, pushing at least 7.3 million people to migrate and making food and other necessities unaffordable for those who remain. The vast majority who fled settled in neighboring countries in Latin America, but many began coming to the United States in the last three years through the notoriously dangerous Darien Gap, a stretch of jungle in Panama. Venezuelans who arrive in the U.S. after July 31 of this year will not be eligible for the protection. Those who are now eligible have to apply to get it. Homeland Security Secretary Alejandro Mayorkas granted the expansion and an 18-month extension for those who already have temporary status due to “Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions,” the department said in a statement. The administration said it would accelerate work authorizations for people who have arrived in the country since January through a mobile app for appointments at land crossings with Mexico, called CBP One, or through parole granted to Cubans, Haitians, Nicaraguans and Venezuelans who have financial sponsors and arrive at an airport. It will aim to give them work permits within 30 days, compared with about 90 days currently. The promise of accelerated work permits does not apply to people who cross the border illegally and seek asylum, who, by law, must wait for six months to receive work permits.

Top German court nixes subsidy raise for political parties

Germany’s top court has ruled that a decision five years ago to raise the upper limit for state financing of political parties by 25 million euros ($27.2 million) a year was illegal. The country’s Constitutional Court said Tuesday that a 2018 law change backed by the left-right governing coalition under former Chancellor Angela Merkel to increase the annual limit for all parties to 190 million euros ($206.7 million) could make them too dependent on the state. State funding in Germany matches the amount of money political parties receive from members or donations, up to a fixed limit. Judges concluded that the arguments for raising that limit put forward by lawmakers at the time — such as the need to digitize their communication — weren’t sufficient to justify the increase. They had also failed to take into account savings resulting from switching to electronic communication. Three smaller parties — the Greens, Free Democrats and Left party — had challenged the law. The Greens and Free Democrats are now in a coalition with the Social Democrats, who had backed the law. Merkel’s Union bloc has been in opposition since 2021. It wasn’t immediately clear what impact the verdict will have for state funding already provided to parties.

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Suits target New Orleans virus rules, some affect Mardi Gras

More than 100 people have joined a lawsuit against New Orleans’ mayor and health director over COVID-19 restrictions that recently were extended to parade and other participants on Mardi Gras and during the season leading up to it. The lawsuit against Mayor LaToya Cantrell and health director Jennifer Avegno targets mask and vaccination mandates, news outlets reported. It was filed Monday in state court by Alexandria attorney Jimmy Faircloth, who has lost federal court challenges to restrictions aimed at slowing the spread of COVID-19, The Times-Picayune / The New Orleans Advocates noted. “Traditionally, we do not comment on active or pending litigation,” City Hall spokesman Beau Tidwell said during a news conference Tuesday. “However, in this case I think it’s worth noting that the guidelines that we put in place saved lives, full stop. The vaccine mandate and the mask requirements are going to remain in place throughout Mardi Gras.” Fat Tuesday will be March 1 this year. The 2020 festival was later recognized as a super spreader that turned New Orleans into an early pandemic hot spot. Last season, parades were canceled and bars were shuttered in the city. This year, masks are required in bars, restaurants and other public spaces. And children as young as 5 must show proof of vaccination or a recent negative test for the virus to get into indoor public areas. The new lawsuit accuses Cantrell and Avegno, who often have gone beyond state restrictions, of taking “authoritarian actions under the pretext of an emergency without end,” the newspaper reported. The plaintiffs, mostly from New Orleans and neighboring Jefferson Parish, want Judge Robin Giarrusso to halt the requirements while the lawsuit is in court.

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Court blocks Alabama city from approving processing plant

A judge has blocked the city of Gadsden from approving the construction of a plant where scores of truckloads of dead chickens would be delivered daily for a processing operation that opponents say would be a smelly, dangerous nuisance. Etowah County Circuit Judge George Day sided with critics of the plant on Monday and issued an injunction to stop the development project by Colorado-based Pilgrim’s Pride Corp. near the city airport, The Gadsden Times reported. A trial scheduled for July would decide whether the ban remains in place or work can move ahead on the rendering plant, which has been the subject of vocal community opposition since the plans became public last year. Located near homes, schools and at least one church, the plant would receive 120 truckloads of dead chickens and chicken parts around the clock each day for processing into animal feed, the judge wrote. Aside from traffic and the potential foul smell, the operation could pose a hazard to airport operations, critics contend. Day wrote that he was aware of the need to bring new jobs into the northeast Alabama community following the shutdown of a Goodyear tire plant, but the economic interest has to be balanced against the rights of people in the area.

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Appellate court arguments set for Charleston church shooter

Attorneys for the man sentenced to federal death row for the racist slayings of nine members of a Black South Carolina congregation are set to formally argue that his conviction and death sentence should be overturned. Oral arguments have been set for May 25 before the 4th U.S. Circuit Court of Appeals in the case of Dylann Roof, according to federal court records. In 2017, Roof became the first person in the U.S. sentenced to death for a federal hate crime. Authorities have said Roof opened fire during the closing prayer of a 2015 Bible study session at Mother Emanuel AME Church in Charleston, raining down dozens of bullets on those assembled. Serving as his own attorney in the sentencing phase of his trial, the self-avowed white supremacist neither fought for his life nor explained his actions, remorse, saying only that “anyone who hates anything in their mind has a good reason for it.” Roof’s 2017 appeal to the 4th Circuit came as no surprise, as transcripts of hearings to determine his trial competency revealed that Roof told his lawyers he’d seek appeals to drag his case out as long as he could. With the passage of time, Roof explained, he expected white supremacists to take over the U.S., pardon him for the killings and make him governor of South Carolina. Following his federal death penalty trial, Roof was given nine consecutive life sentences after he pleaded guilty in 2017 to state murder charges, leaving him to await execution in a federal prison and sparing his victims and their families the burden of a second trial. After that sentencing, Solicitor Scarlett Wilson ? who had also been pursuing the death penalty ? called the deal “an insurance policy for the federal conviction,” ensuring that Roof would spend the rest of his life in prison, should the federal sentence not stand. Wilson also said that she felt more confident a federal death sentence would be carried out under the newly minted Trump administration that it would have been under a Democratic one. At the time, there was anticipation that then-President Donald Trump might swiftly resume federal executions, following cessation of the practice under several several previous administrations. Trump’s decision to reinstate federal executions didn’t come until 2020, however, when his Justice Department ended a 17-year hiatus, going on to oversee a total of 13 federal executions. Due to his remaining appeals, Roof’s case was not eligible for execution at that time.

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High court opening tops Pennsylvania’s 2021 judicial races

Statewide judicial races will be among Pennsylvania’s most closely watched election contests in the coming year, with lawyers and judges around the state already lining up supporters and trying to figure out if they can raise enough money to win. The marquee race will be for Supreme Court, where the Democrats’ 5-2 majority has flexed its muscle with a series of rulings this year about mail-in balloting and coronavirus restrictions. Chief Justice Thomas Saylor, a Republican, will reach the mandatory retirement age of 75 in 2021, and keeping his seat in GOP hands is critical to his party’s hopes to eventually reclaim a majority on the high court. While a lot can change, for now at least three Superior Court judges are running — Democrats Maria McLaughlin and Carolyn Nichols, and Republican Vic Stabile. Commonwealth Court Judge Kevin Brobson, a Republican, is also considering it. Pay for appeals court judges starts at $202,000. The two state party organizations will decide in the coming months whether to endorse a candidate in the May primary and if so, who that will be. Endorsements would likely narrow the field. They come with financial and logistical backing that are particularly important for judicial candidates, who are generally not career politicians and face special restrictions on their role in fundraising. Stabile contacted members of the Republican State Committee last week to say he wants the endorsement. “I would run, of course, if I got the endorsement,” Stabile said. And if not? “In all likelihood, I would respect that, wish the other person good luck and step aside.” Nichols plans a formal announcement next month. “I am in it to run,” she said Monday. “I’m certainly out there attending virtual meetings and putting myself out there. I’m in an early stage.” On Superior Court, an intermediate appeals court that handles most criminal and civil appeals from county courthouses, two judges are seeking retention in unopposed, up-or-down contests. Superior Court terms are 10 years, but if Republican Judge John T. Bender’s retention campaign is successful he will serve briefly before reaching age 75. Party and court sources said Judge Mary Jane Bowes, a Republican, will also stand for retention. Nearly every statewide justice or judge who has ever run for retention has won. The lone Superior Court vacancy is now held by Republican Judge Susan P. Gantman, who is retiring after 17 years. Gantman said her plans include writing children’s books on the topic of civics.

Wisconsin Supreme Court tosses Trump election lawsuit

The Wisconsin Supreme Court on Monday rejected President Donald Trump’s lawsuit attempting to overturn his loss to Democrat Joe Biden in the battleground state, ending Trump's legal challenges in state court about an hour before the Electoral College was to meet to cast the state's 10 votes for Biden. The ruling came after the court held arguments Saturday, the same day a federal judge dismissed another Trump lawsuit seeking to overturn his loss in the state. Trump appealed that ruling. Trump sought to have more than 221,000 ballots disqualified in Dane and Milwaukee counties, the state's two most heavily Democratic counties. He wanted to disqualify absentee ballots cast early and in-person, saying there wasn’t a proper written request made for the ballots; absentee ballots cast by people who claimed “indefinitely confined” status; absentee ballots collected by poll workers at Madison parks; and absentee ballots where clerks filled in missing information on ballot envelopes. Liberal Justice Jill Karofsky blasted Trumps' case during Saturday's hearing, saying it “smacks of racism” and was “un-American.” Conservative justices voiced some concerns about how certain ballots were cast, while also questioning whether they could or should disqualify votes only in two counties. Biden won Wisconsin by about 20,600 votes, a margin of 0.6% that withstood a Trump-requested recount in Milwaukee and Dane counties, the two with the most Democratic votes. Trump did not challenge any ballots cast in the counties he won. Trump and his allies have suffered dozens of defeats in Wisconsin and across the country in lawsuits that rely on unsubstantiated claims of widespread fraud and election abuse. On Friday, the U.S. Supreme Court rejected a Texas lawsuit that sought to invalidate Biden’s win by throwing out millions of votes in four battleground states, including Wisconsin.

Heated congressional, court races on Arkansas midterm ballot

A push by Democrats to flip a Republican-held congressional seat that represents the Little Rock area and a state Supreme Court race that has drawn heavy spending by a conservative interest group have drawn the most attention in Arkansas' midterm election. The campaigns for the 2nd Congressional District and state Supreme Court seats became increasingly bitter and expensive in the run-up to Tuesday's election, especially from outside groups that have been airing attack ads and sending mailers. The races have overshadowed an election in which Democrats face long odds of making gains in the solidly Republican state. The secretary of state's office hasn't predicted how many of Arkansas' nearly 1.8 million registered voters will cast ballots in the election, but more than 350,000 had voted early through Friday. Republicans have a solid hold on Arkansas' four U.S. House seats and President Donald Trump easily won the state two years ago, but Democrats believe they have a chance to flip a Little Rock-area district by focusing on the incumbent's vote to repeal the federal health care law. Democrat Clarke Tucker is trying to unseat two-term Republican Rep. French Hill in the 2nd Congressional District, which represents Little Rock and seven surrounding counties. Tucker is a state legislator who regularly talks about his battle with bladder cancer and his support for the Affordable Care Act, especially its protections for those with pre-existing conditions

Supreme Court cites security in change to Kavanaugh ceremony

The Supreme Court says new Justice Brett Kavanaugh won't take the traditional walk down the courthouse steps after his ceremonial installation on the court because of security concerns. Kavanaugh's investiture ceremony is scheduled for Thursday morning in the courtroom. It is customary for a new justice to walk down the 44 marble steps in front of the building, accompanied by the chief justice. The moment provides a chance for news organizations to photograph the justice, since the courtroom event is closed to cameras. Court spokeswoman Kathy Arberg said Friday that the change is being made "out of an abundance of caution due to security concerns." Kavanaugh was confirmed Oct. 6 by a 50-48 Senate vote following an allegation he sexually assaulted a woman decades ago. He denied any wrongdoing.

Bahrain opposition leader sentenced to life by high court

A Shiite cleric who was a central figure in Bahrain's 2011 Arab Spring protests was sentenced to life in prison Sunday on spying charges. The ruling by the Supreme Court of Appeals came after Sheikh Ali Salman was acquitted of the charges by a lower court in June. Human rights groups and activists say the charges against him are politically-motivated and related to his work as a leading opposition figure. The verdict was issued just weeks before parliamentary elections are set to take place without the Al-Wefaq political group Salman once led. Al-Wefaq, which was the tiny Gulf nation's largest Shiite opposition bloc, was ordered dissolved in 2016 as part of a crackdown on dissent in the kingdom, which has a Shiite majority but is ruled by a Sunni monarchy. The state-run Bahrain News Agency reported the appellate court's decision Sunday without naming the defendants, saying three individuals were found guilty of the spying charges. Human Rights First, an activist group, confirmed the ruling refers to Salman. His co-defendants in the case— Sheikh Hassan Ali Juma Sultan and Ali Mahdi Ali al-Aswad— are also former al-Wefaq officials. The three faced charges of disclosing sensitive information to Qatar that could harm Bahrain's security in exchange for financial compensation. The state-run news agency said prosecutors presented recorded phone conversations as evidence. Last year, Bahrain state television aired the recorded calls between Salman and Qatar's then-Prime Minister Sheikh Hamad bin Jassim Al Thani during the 2011 protests

Court opening puts pressure on Democrats in Trump country

The opening on the Supreme Court has created a dilemma for Democratic senators up for re-election in the states that President Donald Trump won in 2016. The choice of whether to support the upcoming nominee could be particularly difficult for Sens. Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana and Joe Manchin of West Virginia. Opposing Trump's Supreme Court nomination could dissolve some of the goodwill they've built up with Trump supporters. But backing Trump's pick would bring its own political peril. That move would risk alienating Democratic donors and the party's base, potentially depressing voter turnout. The three met with Trump on Thursday night to discuss the Supreme Court vacancy. The president already has a list of potential court nominees and is expected to make a decision quickly.

Trump has 2 or 3 more candidates to interview for court

President Donald Trump has interviewed four prospective Supreme Court justices and plans to meet with a few more as his White House aggressively mobilizes to select a replacement for retiring Justice Anthony Kennedy. Eager to build suspense, Trump wouldn't divulge whom he's talking to in advance of his big announcement, set for July 9. But he promised that "they are outstanding people. They are really incredible people in so many different ways, academically and in every other way. I had a very, very interesting morning." Spokeswoman Sarah Huckabee Sanders said Trump met with four people for 45 minutes each Monday and will continue meetings through the rest of the week. She said Tuesday he has "two or three more that he'll interview this week and then make a decision." The interviews were with federal appeals judges Raymond Kethledge, Amul Thapar, Brett Kavanaugh and Amy Coney Barrett, said a person with knowledge of the meetings who was not authorized to speak publicly about them. The Washington Post first reported the identities of the candidates Trump spoke with. The president spent the weekend at his Bedminster golf club, consulting with advisers, including White House counsel Don McGahn, as he considers his options to fill the vacancy with a justice who has the potential to be part of precedent-shattering court decisions on abortion, health care, gay marriage and other issues. McGahn will lead the overall selection and confirmation process, the White House said Monday, repeating the role he played in the successful confirmation of Justice Neil Gorsuch last year. McGahn will be supported by a White House team that includes spokesman Raj Shah, taking a leave from the press office to work full time on "communications, strategy and messaging coordination with Capitol Hill allies." Justin Clark, director of the Office of Public Liaison, will oversee White House coordination with outside groups. Trump's push came as the Senate's top Democrat tried to rally public opposition to any Supreme Court pick who would oppose abortion rights. Senate Minority Leader Chuck Schumer issued a campaign-season call to action for voters to prevent such a nominee by putting "pressure on the Senate," which confirms judicial nominees. With Trump committed to picking from a list of 25 potential nominees that he compiled with guidance from conservatives, Schumer said any of them would be "virtually certain" to favor overturning Roe v. Wade, the 1973 case that affirmed women's right to abortion. They would also be "very likely" to back weakening President Barack Obama's 2010 law that expanded health care coverage to millions of Americans, he said. Schumer said that while Democrats don't control the Senate — Republicans have a 51-49 edge — most senators back abortion rights. In an unusually direct appeal to voters, he said that to block "an ideological nominee," people should "tell your senators" to oppose anyone from Trump's list. "It will not happen on its own," the New Yorker wrote in an opinion column in Monday's New York Times. "It requires the public's focus on these issues, and its pressure on the Senate." Schumer's column appeared a day after Sen. Susan Collins, R-Maine, said she would oppose any nominee she believed would overturn Roe v. Wade. Collins, who appeared on ABC's "This Week" and CNN's "State of the Union," said she would only back a judge who would show respect for settled law such as the Roe decision, which has long been anathema to conservatives.

Trump closes in on Supreme Court pick; 3 judges top list

President Donald Trump is closing in on his next Supreme Court nominee, with three federal judges leading the competition to replace retiring Justice Anthony Kennedy. Trump's top contenders for the vacancy at this time are federal appeals judges Amy Coney Barrett, Brett Kavanaugh and Raymond Kethledge, said a person familiar with Trump's thinking who was not authorized to speak publicly. Working closely with a White House team and consulting with lawmakers and outside advisers, Trump has spent the week deliberating on the choice. He conducted interviews on Monday and Tuesday and has spoken to seven possible candidates. He has not yet publicly indicated that he has narrowed the list and could still consider others in the mix. With customary fanfare, Trump plans to announce his selection Monday night, kicking off a contentious nomination process as Republicans seek to shift the court to the right and Democrats strive to block the effort. Vice President Mike Pence has also met with some of the contenders for the Supreme Court vacancy created by Justice Anthony Kennedy's retirement, The Associated Press has learned. The meetings took place in recent days, according to a person familiar with the search process. The person did not specify which candidates Pence met with and spoke on condition of anonymity Wednesday to describe the private search process.

Ex-Malaysia leader Najib charged with breach of trust, graft

Former Malaysian Prime Minister Najib Razak was charged Wednesday with criminal breach of trust and corruption, two months after a multibillion-dollar graft scandal at a state investment fund led to his stunning election defeat. He pleaded not guilty to all charges. "I claim trial," he said in a barely audible voice as he stood in the dock at the High Court in Kuala Lumpur. A judge set bail at 1 million ringgit in cash ($250,000) and ordered Najib to surrender his two diplomatic passports. The patrician and luxury-loving Najib, wearing a suit and a red tie, appeared calm and smiled as he was escorted into the court complex. He was arrested Tuesday by anti-graft officials over the suspicious transfer of 42 million ringgit ($10.4 million) into his bank accounts from SRC International, a former unit of the 1MDB state investment fund that U.S. investigators say was looted of billions by associates of Najib. Najib was charged with abuse of power leading to gratification under Malaysia's anti-corruption law and three counts of criminal breach of trust. Each charge has a maximum penalty of 20 years in prison. Whipping is also a penalty but Najib would be exempt because of his age. Anger over the 1MDB saga led to the shocking defeat of Najib's long-ruling coalition in May 9 elections and ushered in the first change of power since independence from Britain in 1957.