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The Supreme Court has never squarely resolved whether a president’s in-term conduct is immune from criminal prosecution because, before Donald Trump, there were no indicted ex-presidents. On Wednesday, the Supreme Court decided to review a decision from a panel of the U.S. Court of Appeals for the District of Columbia Circuit, which rejected Mr. Trump’s claim of presidential immunity in an opinion that was thorough and unanimous. The Supreme Court’s decision to hear the case means that Mr. Trump’s trial remains in limbo — and the timing of proceedings will likely impact the 2024 presidential election. All short-term politics aside, the Supreme Court confronts an extraordinary question of American governance: Are ex-presidents immune from prosecution for in-term conduct? And, if so, how much immunity do they have?
Persons: Donald Trump, Jack Smith’s, , Trump’s Organizations: Washington , D.C, Supreme, U.S ., Appeals, District of Columbia Circuit Locations: Washington ,
Jack Smith, the special counsel prosecuting former President Donald J. Trump on charges of plotting to overturn the 2020 election, urged the Supreme Court on Wednesday to reject a request from Mr. Trump to put the case on hold while he pursues appeals. The question before the justices is preliminary: Should they pause an appeals court’s ruling rejecting Mr. Trump’s claim that he is absolutely immune from prosecution for things he did while president? The answer to that will determine whether trial proceedings may resume as the Supreme Court considers whether to hear a promised petition seeking review of the ruling itself. The trial had been scheduled to start on March 4 but was deferred while the lower courts sorted out whether Mr. Trump has immunity. When a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled against Mr. Trump this month, it gave him a brief window to seek a stay from the Supreme Court saying that proceedings at the trial court would not restart until the justices ruled on his application.
Persons: Jack Smith, Donald J, Trump, , Mr, Trump’s Organizations: U.S ., Appeals, District of Columbia Circuit, Mr
Former U.S. President Donald Trump speaks during a press conference held at Mar-a-Lago on February 08, 2024 in Palm Beach, Florida. Lawyers for Donald Trump on Monday asked the Supreme Court to temporarily halt a ruling rejecting his claim that he is immune from being criminally charged with trying to overturn his loss in the 2020 presidential election. "Without immunity from criminal prosecution, the Presidency as we know it will cease to exist," Trump's attorneys wrote in an application for the Supreme Court to pause the ruling from a lower court. Trump's immunity claim "presents a novel, complex, and momentous question that warrants careful consideration on appeal," his attorneys wrote. Trump's application for a stay keeps the case on hold, at least until the Supreme Court issues a decision on whether or not to grant the request.
Persons: Donald Trump, Jack Smith's, Trump's, Joe, Biden, Trump, John Roberts, George W, Bush, Tanya Chutkan's Organizations: U.S, Mar, Monday, Washington , D.C, Trump, Republican, D.C, U.S ., Appeals, District of Columbia Circuit Locations: Lago, Palm Beach , Florida, Washington ,, U.S
Former President Donald J. Trump asked the Supreme Court on Monday to pause an appeals court’s ruling rejecting his claim that he is absolutely immune from criminal charges based on his attempts to subvert the 2020 election. Unless the justices issue a stay while they consider whether to hear his promised appeal, proceedings in the criminal trial, which have been on hold, will resume. The filing was Mr. Trump’s last-ditch effort to press his claim of total immunity, which has been rejected by two lower courts. The Supreme Court is now poised to determine whether and how fast his federal trial on charges that he tried to subvert the 2020 election will proceed. Mr. Trump’s filing came after a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously rejected Mr. Trump’s argument that he may not be prosecuted for actions he took while in office.
Persons: Donald J, Trump, Trump’s Organizations: U.S ., Appeals, District of Columbia
“We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter,” the opinion reads. “Former President Trump lacked any lawful discretionary authority to defy federal criminal law and he is answerable in court for his conduct,” the judges add. Of course, this is not the end of the road for Trump. It might be tempting to set the panel’s opinion aside, knowing that the story isn’t over yet. It is a fascinating document, not the least because the judges provide a full portrait of the radicalism of Trump’s claim to executive immunity.
Persons: , Trump Organizations: U.S ., Appeals, District of Columbia Circuit, Trump, Supreme Locations: United States
Former President Donald J. Trump’s claim that he was immune from being prosecuted for any crimes he committed while trying to stay in office after losing the 2020 election was always a long shot. But in an opinion on Tuesday eviscerating his assertion, three federal appeals court judges portrayed his position as not only wrong on the law but also repellent. They included two Democratic appointees and, significantly, Judge Karen L. Henderson, a Republican appointee who had sided with Mr. Trump in several earlier legal disputes. The ruling systematically weighed and forcefully rejected each of Mr. Trump’s arguments for why the case against him should be dismissed on immunity grounds. The resounding skepticism raised the question of whether the Supreme Court — to which Mr. Trump is widely expected to appeal — will decide there is any need for it to take up the case.
Persons: Donald J, Trump’s, , Karen L, Henderson, Trump, Organizations: United States, Appeals, District of Columbia Circuit, Democratic, Republican, Mr
A federal appeals court on Tuesday rejected former President Donald J. Trump’s claim that he was immune to charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal indictment accusing him of seeking to overturn his loss to President Biden. The unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit handed Mr. Trump a significant defeat, but was unlikely to be the final word on his claims of executive immunity. Mr. Trump is expected to continue his appeal to the Supreme Court. Still, the panel’s 57-page ruling signaled an important moment in American jurisprudence, answering a question that had never been addressed by an appeals court: Can former presidents escape being held accountable by the criminal justice system for things they did while in office?
Persons: Donald J, Biden, Trump Organizations: U.S ., Appeals, District of Columbia Circuit, Supreme
Former President Donald Trump does not have presidential immunity from prosecution on criminal charges related to his efforts to overturn his 2020 election loss, a federal appeals court unanimously ruled Tuesday. The ruling is the latest major legal loss for Trump, who is the front-runner for the Republican presidential nomination. "For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant," the panel wrote in the 57-page opinion. Trump campaign spokesman Steven Cheung decried the ruling, claiming in a statement that without "complete" presidential immunity, "every future President who leaves office will be immediately indicted by the opposing party." He added, "President Trump respectfully disagrees with the DC Circuit's decision and will appeal it in order to safeguard the Presidency and the Constitution."
Persons: Donald Trump, Jack Smith, Trump, Steven Cheung, Cheung Organizations: U.S ., Appeals, District of Columbia Circuit, Trump, Republican, Washington , D.C, DC Locations: U.S, Washington ,, United States
CNN —Critical days are ahead in Donald Trump’s multiple legal battles. — On Thursday, the Supreme Court will hear oral arguments over a decision by the Colorado Supreme Court to throw Trump off the ballot under the 14th Amendment’s ban on insurrectionists. Maine has taken a similar step to Colorado but that case hasn’t yet reached the US Supreme Court. Nikki Haley, is now arguing that Trump’s legal entanglements make him a disastrous pick for her party by seizing on the news that he spent more than $50 million from political action committees on legal fees. So, definitely a good day for President Trump, but not necessarily out of the woods,” Goodman said.
Persons: Donald Trump’s, Trump, Trump’s, , Jack, — Trump, Judge Arthur Engoron, Jean Carroll, Stormy Daniels, Attorney Alvin Bragg, he’s, , Fani Willis, Nathan Wade, Willis, Wade, Smith, Nikki Haley, Haley, CNN’s Dana, , ” Haley, that’s, disqualifying Trump, Tanya Chutkan’s, Chutkan, Ryan Goodman, CNN’s Erin Burnett, ” Goodman, Carroll, “ you’re, we’ve, Joe Biden, Organizations: CNN, Republican, Colorado Supreme, Trump, Trump Organization, Manhattan, Attorney, Department of Justice, GOP, South Carolina Gov, Appeals, District of Columbia Circuit, Supreme, Department of Defense, DC Circuit Locations: America, Maine, Colorado, Washington ,, New York, Georgia, Fulton County, Lago, “ State, Manchester , New Hampshire, Wilmington , Delaware
In December, when a federal appeals court agreed to hear former President Donald J. Trump’s sweeping claims to be immune from charges of plotting overturn the 2020 election, it laid out a lightning-fast briefing schedule, asking the defense and prosecution to file their papers on successive Saturdays during the Christmas and New Year’s holidays. But after sending up what appeared to be clear signals that they intended to swiftly resolve this phase of the immunity dispute — which lies at the heart of both the viability and timing of Mr. Trump’s trial on the election subversion charges — the appeals court judges have yet to issue a decision. The implications are already coming into focus. On Friday, the Federal District Court judge overseeing election case, Tanya S. Chutkan, formally scrapped her plan to start the trial on March 4. She was bowing to the reality that time had run out to get the proceeding going by then, mostly because of the wrangling over Mr. Trump’s immunity claim, and said she would set a new date “if and when” that matter is resolved.
Persons: Donald J, Trump’s, Tanya S, Chutkan Organizations: U.S ., Appeals, District of Columbia Circuit, Federal
Judge postpones Trump D.C. election trial pending appeal
  + stars: | 2024-02-02 | by ( Dan Mangan | ) www.cnbc.com   time to read: +1 min
Former U.S. President Donald Trump speaks to his supporters as he departs for his second civil trial after E. Jean Carroll accused Trump of raping her decades ago, outside Trump Tower in the Manhattan borough of New York City on Jan. 26, 2024. A judge on Friday indefinitely postponed the election interference criminal trial of former President Donald Trump, which was scheduled to start March 4 in U.S. District Court in Washington, D.C. That appeal has yet to be decided by the U.S. Court of Appeals for the District of Columbia Circuit. Trump is certain to ask the Supreme Court to hear his appeal if the circuit court rules against him, as is special counsel Jack Smith if the appeals court rules against that prosecutor. If the Supreme Court accepts an appeal on that issue, it could take longer than March 4 to decide how to rule.
Persons: Donald Trump, Jean Carroll, Trump, Joe Biden, Jack Smith Organizations: U.S, Trump, Washington , D.C, U.S . Department of Justice, U.S ., Appeals, District of Columbia Circuit Locations: Manhattan, New York City, U.S, Washington ,
A federal appeals court on Tuesday denied X Corp.'s latest challenge to a nondisclosure order it received as part of special counsel Jack Smith's search warrant for former President Donald Trump's Twitter account. At the same time, Smith obtained a nondisclosure order barring X from disclosing the search warrant to Trump or anyone else. X initially refused to comply with the warrant, and the district court in Washington, D.C., held the company in contempt and fined it $350,000. In August, the U.S. Court of Appeals for the District of Columbia Circuit rejected X's first appeal of the order. Put before 11 judges on the appeals court, X's challenge was again denied in Tuesday's order.
Persons: Jack Smith's, Donald Trump's, Smith, Joe Biden, X, X's, Organizations: X Corp, Donald Trump's Twitter, Trump, Washington , D.C, U.S ., Appeals, District of Columbia Circuit Locations: Washington ,
A three-judge panel of the federal appeals court in Washington heard arguments on Tuesday in a momentous case over former President Donald J. Trump’s claim that he is immune from criminal charges for the efforts he took to overturn the 2020 election. A ruling by the court — and when it issues that decision — could be a major factor in determining when, or even whether, Mr. Trump will go to trial in the federal election case. Here are some takeaways:All three judges signaled skepticism with Trump’s position. The judges on the Court of Appeals for the District of Columbia Circuit appeared unlikely to dismiss the charges against Mr. Trump on grounds of presidential immunity, as he has asked them to do. The two Democratic appointees on the court, Judge J. Michelle Childs and Judge Florence Y. Pan, peppered John Sauer, a lawyer for Mr. Trump, with difficult questions.
Persons: Donald J, Trump, Judge J, Michelle Childs, Florence Y, John Sauer, Karen L, Henderson, Biden Organizations: Appeals, District of Columbia Circuit, Mr, Democratic, Republican Locations: Washington
Once that court rules, the Supreme Court could act quickly on whether to take up the case. Trump's lawyers argued in court papers that Smith had given "no compelling reason" why the Supreme Court should immediately step in ahead of the appeals court. The case is on hold while Trump appeals the decision. Therefore, under Supreme Court precedent, Trump is immune from prosecution, his lawyers say. The election interference case is one of four criminal prosecutions Trump faces heading into the 2024 presidential election season, in which he is a front-runner for the Republican nomination.
Persons: Donald Trump, Jack Smith's, Trump, Smith, Tanya Chutkan Organizations: White, Trump, U.S ., Appeals, District of Columbia Circuit, U.S, Capitol, Washington, Republican Locations: Washington
Former U.S. President and Republican presidential candidate Donald Trump attends a 2024 presidential election campaign event in Summerville, South Carolina, U.S. September 25, 2023. REUTERS/Sam Wolfe/File Photo Acquire Licensing RightsWASHINGTON, Dec 1 (Reuters) - A U.S. appeals court on Friday ruled that Donald Trump must face civil lawsuits over his role in the Jan. 6, 2021 attack on the Capitol by his supporters, rejecting the former president's claim that he is immune. A panel of the U.S. Court of Appeals for the District of Columbia Circuit found that Trump was acting "in his personal capacity as a presidential candidate" when he urged his supporters to march to the Capitol. U.S. presidents are immune from civil lawsuits only for official actions. The unanimous decision focused only on whether Trump could be sued, and said nothing about the merits of the cases themselves.
Persons: Donald Trump, Sam Wolfe, Trump, Joe Biden, Andrew Goudsward, Scott Malone, Alistair Bell Organizations: U.S, Republican, REUTERS, Rights, Capitol, U.S ., Appeals, District of Columbia Circuit, Capitol ., Trump, Democratic, Thomson Locations: Summerville , South Carolina, U.S
Donald Trump does not have immunity from civil lawsuits related to the U.S. Capitol riot, a federal appeals court panel unanimously ruled Friday. The ruling does not say that Trump is liable for allegedly inciting, while president, the Jan. 6, 2021, attack on Congress by a mob of his supporters, which injured more than 100 police officers. The ruling came after Trump, the front-runner for the 2024 Republican presidential nomination, challenged the federal district court lawsuits filed against him. Srinivasan, who was appointed to his seat by former President Barack Obama, was joined in the ruling by Judge Judith Rogers and Judge Gregory Katsas. Katsas was appointed by Trump and previously was a clerk for conservative Supreme Court Justice Clarence Thomas.
Persons: Donald Trump, Trump, Joe Biden, Sri Srinivasan, Srinivasan, Barack Obama, Judge Judith Rogers, Gregory Katsas, Katsas, Clarence Thomas, Rogers, Bill Clinton Organizations: U.S, United States Capitol, Capitol, Trump, U.S ., Appeals, District of Columbia Circuit, Supreme Court, Democrat Locations: Washington , U.S
Former President Donald Trump recently criticized the limited gag order as unprecedented censoring of a political candidate. Photo: Eric Gay/Associated PressWASHINGTON—A federal appeals-court panel sharply questioned prosecutors and Donald Trump’s defense lawyers alike on Monday as it weighs whether to affirm restrictions on what the former president can say about his election-interference case. The hearing before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit was the latest clash between Trump’s lawyers and special counsel Jack Smith ’s team over a gag order issued last month by Trump’s trial judge, Tanya Chutkan .
Persons: Donald Trump, Eric Gay, Donald Trump’s, Jack Smith ’, Trump’s, Tanya Chutkan Organizations: Associated Press WASHINGTON, U.S ., Appeals, District of Columbia Circuit
WASHINGTON (AP) — A federal appeals court is hearing arguments Monday on whether to reinstate a gag order against Donald Trump in the federal case charging him with plotting to overturn the results of the 2020 presidential election. The prosecutors say those restrictions are necessary to prevent Trump from undermining confidence in the court system and intimidating people who may be called to testify against him. The gag order is one of multiple contentious issues being argued ahead of the landmark March 2024 trial. Political Cartoons View All 1256 ImagesThe judge lifted it days after entering it, giving Trump's lawyers time to prove why his words should not be restricted. Should the judges rule against Trump, he'll have the option of asking the entire court to take up the matter.
Persons: Donald Trump, Jack Smith's, Trump, Tanya Chutkan, Smith, Chutkan, Cornelia Pillard, Patricia Millett, Barack Obama, Brad Garcia, Joe Biden Organizations: WASHINGTON, , Prosecutors, Trump, U.S, Appeals, District of Columbia Circuit, he'll, House Locations: Washington
His lawyers and federal prosecutors are set to argue before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. Bannon was sentenced by Nichols in October 2022 to four months in prison and a $6,500 fine. Bannon, an influential right-wing media provocateur, served as Trump's chief White House strategist during 2017 before a falling out between them that was later patched up. Trump supporters assaulted police, stormed barricades and swarmed the Capitol in a failed bid to prevent congressional certification of Biden's victory. The House committee disbanded at the end of 2022 without getting information from Bannon.
Persons: Steve Bannon, Donald Trump, Bannon, Trump, Carl Nichols, Nichols, Democrat Joe Biden, Andrew Goudsward, Will Dunham, Scott Malone Organizations: White House, U.S . Capitol, U.S, U.S ., Appeals, District of Columbia Circuit, Democratic, Prosecutors, District, White, Democrat, Republican Trump, Capitol, Thomson Locations: Washington , U.S, WASHINGTON
Federal appeals courts have come to different decisions about whether the regulation defining a bump stock as a machine gun comports with federal law. The Trump administration’s ban on bump stocks was an about-face for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. The full U.S. 5th Circuit ruled 13-3 in January that Congress would have to change federal law to ban bump stocks. But a panel of three judges on the federal appeals court in Washington looked at the same language and came to a different conclusion. As such, it is a machine gun under the National Firearms Act and Gun Control Act.”A decision is expected by early summer in Garland v. Cargill, 22-976.
Persons: Biden, Trump, Obama, Jennifer Walker Elrod, Robert Wilkins Organizations: WASHINGTON, Supreme, Justice Department, U.S, Circuit, Trump, of Alcohol, Tobacco, Firearms, Explosives, Las, ATF, 5th Circuit, National Firearms Act, Control, U.S ., Appeals, District of Columbia Circuit, Cargill Locations: Las Vegas, New Orleans, Washington, Garland
Lawyers for former President Donald J. Trump filed an emergency request to a federal appeals court on Thursday seeking to lift the gag order imposed on him in the criminal case in which he stands accused of trying to overturn the 2020 election. The lawyers asked the appeals court to keep the pause of the order in place until it reaches a final decision on whether the order should have been issued in the first place. “No court in American history has imposed a gag order on a criminal defendant who is actively campaigning for public office — let alone the leading candidate for president of the United States,” the lawyers wrote in their 11th-hour petition to the U.S. Court of Appeals for the District of Columbia Circuit. “That centuries-long practice was broken,” the lawyers added, when a federal judge in Washington put the gag order in place last month, “muzzling President Trump’s core political speech during an historic presidential campaign.”
Persons: Donald J, Trump, , , Trump’s, Organizations: U.S ., Appeals, District of Columbia Circuit Locations: United States, Washington
Former U.S. President and Republican presidential candidate Donald Trump delivers remarks to supporters at the Club 47 USA event in West Palm Beach, Florida, U.S. October 11, 2023. It allows Trump to criticize the U.S. Justice Department and to denounce the prosecution as politically motivated. Chutkan issued the order after finding that Trump’s social media posts and public comments risk influencing witnesses and prompting threats and harassment against public officials. The judge has previously denied requests from outside organizations to file briefs in the case. The ACLU has been a vocal critic of Trump and frequently challenged his administration’s policies while he was in the White House.
Persons: Donald Trump, Shannon Stapleton, Trump, Tanya Chutkan, Chutkan, Jack Smith, , ” Trump, Donald Trump’s, Ben Wizer, “ It’s, Andrew Goudsward, Scott Malone, Jonathan Oatis Organizations: U.S, Republican, REUTERS, Firms American Civil Liberties Union Follow WASHINGTON, American Civil Liberties Union, Wednesday, ACLU, U.S . Justice Department, U.S ., Appeals, District of Columbia Circuit, Technology, Thomson Locations: West Palm Beach , Florida, U.S, Washington
Trump appeals gag order in DC election case
  + stars: | 2023-10-17 | by ( Kevin Breuninger | ) www.cnbc.com   time to read: +1 min
Former U.S. President Donald Trump attends a Manhattan courthouse trial in a civil fraud case in New York, October 17, 2023. Attorneys for Donald Trump said Tuesday said they will appeal the partial gag order imposed on the former president in his federal election interference case in Washington, D.C.Trump had vowed to challenge U.S. District Judge Tanya Chutkan's gag order, which bars him from public statements targeting special counsel Jack Smith, potential witnesses and others. Chutkan wrote in the order that Trump's statements attacking various people involved in the criminal case posed "grave threats to the integrity of these proceedings." Trump has claimed that the order will hamper his ability to speak on the 2024 presidential campaign trail. "They put a gag order on me, and I'm not supposed to be talking about things that bad people do."
Persons: Donald Trump, Trump, Tanya Chutkan's, Jack Smith, Chutkan, John Lauro, I'm Organizations: U.S, Washington , D.C, Defense, U.S ., Appeals, District of Columbia Circuit Locations: Manhattan, New York, Washington ,, Iowa
WASHINGTON (AP) — Efforts by the Biden administration to limit pollution from automobile tailpipes — a major source of planet-warming emissions — face a crucial test as legal challenges brought by Republican-led states head to a federal appeals court. The U.S. Court of Appeals for the District of Columbia Circuit will hear arguments Thursday and Friday on three cases challenging Biden administration rules targeting cars and trucks. The cases before the appeals court will test a 2021 Environmental Protection Agency rule that strengthened tailpipe pollution limits and a 2022 EPA decision that restored California’s authority to set its own tailpipe pollution standards for cars and SUVs. The court cases come as the Biden administration pushes the auto industry to quickly adopt electric vehicles as part of its climate agenda. “Far from doing something unexpected or novel'' in the tailpipe pollution rule, "EPA merely tightened existing standards,'' Kim wrote.
Persons: Biden, Ken Paxton, Joe, , Paxton, Dave Yost, Peter Zalzal, , Pete Huffman, Todd Kim, , Kim, Zalzal Organizations: WASHINGTON, Republican, U.S, Appeals, District of Columbia, Biden, Transportation, Supreme, Environmental, Agency, EPA, National Highway Transportation Safety Administration, Texas, GOP, Texas Senate, Environmental Defense Fund, Natural Resources Defense Council, NHTSA, Justice Department's, Natural Resources, General Motors, Ford, GM, Alliance, Automotive Innovation, EV, Auto Innovators, Department, EDF Locations: U.S, California, Russia, Ukraine, Texas, Ohio, West Virginia
James L. Buckley, a conservative recruit from Connecticut who invaded the New York strongholds of Democrats and liberal Republicans in 1970 and against the odds won a United States Senate seat on the Conservative Party line, died early Friday in Washington. His death, in Sibley Memorial Hospital, resulted from complications of a fall, according to his nephew Christopher Buckley, the author and political satirist. With his improbable victory, Mr. Buckley became the first third-party candidate to land a seat in the United States Senate since Robert M. LaFollette Jr. of Wisconsin was elected on the Progressive ticket in 1940. In 1985, President Reagan named him to the United States Court of Appeals for the District of Columbia Circuit. Mr. Buckley served as a federal judge for 15 years, the last four as a semiretired senior judge.
Persons: James L, Buckley, Christopher Buckley, Robert M, LaFollette Jr, , Ronald Reagan, Reagan Organizations: Republicans, United, United States Senate, Conservative Party, Sibley Memorial, United States, Progressive, Republican, State Department, Radio Free, Radio Liberty, Appeals, District of Columbia Circuit Locations: Connecticut, York, United States, Washington, Sibley, Wisconsin, Radio Free Europe
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