US Supreme Court’s move to hear Trump’s immunity claim gives him gift of delay

A view of the US Supreme Court building in Washington, DC. (REUTERS)
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Updated 01 March 2024
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US Supreme Court’s move to hear Trump’s immunity claim gives him gift of delay

  • Trump’s lawyers have argued that he should be shielded from prosecution for his effort to reverse President Joe Biden’s election victory over him because he was president when he took those actions
  • Some legal experts criticized the Supreme Court, whose 6-3 conservative majority includes three Trump appointees, for undue delay

WASHINGTON: The US Supreme Court appears likely to reject Donald Trump’s claim of immunity from prosecution for trying to undo his 2020 election loss, according to legal experts, but its decision to spend months on the matter could aid his quest to regain the presidency by further delaying a monumental criminal trial.
Trump’s lawyers have argued that he should be shielded from prosecution for his effort to reverse President Joe Biden’s election victory over him because he was president when he took those actions, a sweeping assertion of immunity firmly rejected by lower courts.
But the Supreme Court’s decision not to schedule its arguments on the issue until late April reduces the chances that a trial on election subversion charges brought by Special Counsel Jack Smith could be finished before the Nov. 5 US election. Trump is cruising toward the Republican nomination to challenge Biden, a Democrat.
Some legal experts criticized the Supreme Court, whose 6-3 conservative majority includes three Trump appointees, for undue delay.
“They could have set a more aggressive briefing and argument schedule, as Smith requested,” University of Michigan law professor Leah Litman said. “The immunity claims are also outlandish. They could have been rejected on the papers (legal briefs) if they wanted to be the one to decide it.”
“They’ll reject his immunity bid,” Litman added, but forecast that the soonest a decision would come is May.
Legal experts said the justices would need to rule by about June 1 to leave enough time for Trump’s trial on the charges to wrap up before Election Day.
Smith, seeking to avoid trial delays, had asked the justices on Dec. 11 to launch a fast-track review of the immunity claim. Trump asked the justices to not expedite the review, and on Dec. 22 they did what he requested, opting to let the matter play out in a lower court rather than resolving it right away.
The US Court of Appeals for the District of Columbia Circuit on Feb. 6 upheld US District Judge Tanya Chutkan’s Dec. 1 ruling rejecting the immunity claim. Trump on Feb. 12 asked the Supreme Court to freeze the D.C. Circuit ruling. On Feb. 14, Smith asked the justices to reject Trump’s bid to further delay the matter. It took the court two more weeks before it announced it would hear arguments in the matter, which it scheduled for the week of April 22.
The trial had been scheduled to start on March 4 before the delays over the immunity issue. Now no trial date is set.

Four prosecutions
The case is one of four criminal prosecutions Trump faces. A March 25 trial date has been set on charges in state court in New York involving hush money paid to porn star Stormy Daniels before the 2016 election. It is unclear when the other criminal cases will go to trial.
Trump has pleaded not guilty in all four cases, seeking to portray them as politically motivated.
“I should not have to go through any fake prosecutions before the election,” Trump wrote on social media on Feb. 19.
A criminal conviction could harm Trump’s election chances. In Reuters/Ipsos opinion polls, a quarter of Republicans and half of independents said they would not vote for Trump if a jury convicted him of a felony.
If he is elected and becomes president again next January, he could order an end to this case and a second brought by Smith concerning Trump’s handling of classified documents — or seek to pardon himself for any federal convictions.
Republican strategist Ford O’Connell, who worked with Trump during the 2020 campaign, said of the delays in the trial timeline as the Supreme Court resolves the immunity matter: “It’s hard to overstate what a victory this is politically for the Trump legal team and for Donald Trump.”
“This is a great benefit to Trump in terms of the timeline of these cases, and how they may interact with the election, particularly in the fall,” O’Connell said.

Slowing things down
University of Michigan law professor Barbara McQuade, a former senior federal prosecutor appointed by President Barack Obama, said that a time frame for the election subversion trial “is manageable as long as the Supreme Court acts promptly, and remains mindful of the public’s right to a speedy trial.”
McQuade added that “it seems likely that the court will uphold the D.C. Circuit ruling against Trump.”
“I think that Trump’s arguments are pretty thin,” added Georgetown University law professor Erica Hashimoto.
Chutkan has promised to give Trump about 90 days to prepare for trial once the case returns to her courtroom, with a trial expected to last six to eight weeks. For a verdict to come before the election, the trial would need to start by around Sept. 1, McQuade said.
UCLA School of Law elections expert Richard Hasen said that if the Supreme Court’s ruling comes in late June, “it is not at all clear that there could be a trial before the election.”
“I’m also skeptical the judge would make Trump go to trial if he’s the general election candidate on the Republican side,” Hasen added.
Hasen forecast that the Supreme Court “is likely to reject Trump’s immunity argument on the merits.”
Delaying the trial gives Trump more time to rally supporters around his claim that the charges were politically motivated, an assertion that Reuters/Ipsos polls show is broadly held by Republican voters.
Some experts cite Trump’s long-established record of making strategic use of court delays for legal and political advantage.
Hasen noted that “given the weakness of Trump’s position, it’s reasonable to ask whether this is simply an attempt, now more likely to be successful, to run out the clock.”

 


US Republicans eye two-step Trump legislative agenda

Updated 04 December 2024
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US Republicans eye two-step Trump legislative agenda

WASHINGTON: Republicans in the US Congress are discussing a two-step plan to push ahead on President-elect Donald Trump’s agenda when they take control of both chambers next year, potentially starting with border security, energy and defense before turning to tax cuts.
Incoming Senate Majority Leader John Thune, whose Republicans will hold a 53-47 majority, laid out a plan in a closed-door party meeting on Tuesday that included a call from Trump himself. It aims to use a parliamentary maneuver to bypass the chamber’s “filibuster” rule that requires 60 senators to agree to advance most legislation.
According to the Senate plan, the first bill would focus on Trump’s agenda for border security, energy deregulation and defense spending, while the second would extend tax cuts from the 2017 Tax Cuts and Jobs Act passed during the first Trump presidency, which are due to expire next year.
Thune told reporters that the plan amounted to “options, all of which our members are considering.”
To enact Trump’s agenda, the Senate will have to work closely with the president-elect and the House of Representatives, which is expected to have a razor-thin Republican majority.
“We were always planning to do reconciliation in two packages. So we’re discussing right now how to allocate the various provisions, and we’re making those decisions over the next couple of days,” said House Speaker Mike Johnson, who joined Senate Republicans at their meeting.
“There are different ideas on what to put in the first package and what in the second, and we’re trying to build consensus around those ideas,” Johnson told reporters.
The speaker also said that he believes Congress in coming weeks will pursue a continuing resolution, or CR, that would fund federal agencies into March. Current funding is set to expire on Dec. 20.
Before moving a first reconciliation bill, the House and Senate will need to agree on a budget resolution to unlock the “reconciliation” tool they plan to use to bypass the filibuster. Aides said senators hope to do that by the end of January and then move quickly to complete the first bill by March 31.
“We have the trifecta for two years. About 18 months is all we’re really going to have to really get things done,” Republican Senator Mike Rounds told reporters.
Democrats also leaned heavily on reconciliation to pass legislation when they held control of both chambers during the first two years of President Joe Biden’s term.
Republican Senator Rand Paul, a fiscal hawk, raised concerns about the plan’s cost.
“This is not a fiscally conservative notion,” Paul said. “So at this point, I’m not for it, unless there are significant spending cuts attached.”
Extending Trump’s tax cuts for individuals and small businesses will add $4 trillion to the current $36 trillion in total US debt over 10 years.
Trump also promised voters generous new tax breaks, including ending taxes on Social Security, overtime and tip income and restoring deductions for car loan interest.
The tab is likely to reach $7.75 trillion above the CBO baseline over 10 years, according to the Committee for a Responsible Federal Budget, a non-partisan fiscal watchdog group.


Russia’s UN envoy accuses Ukraine of aiding militants in Syria

Updated 04 December 2024
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Russia’s UN envoy accuses Ukraine of aiding militants in Syria

  • Militants fighting with radical group Hayat Tahrir Al-Sham (HTS) “have not only not concealed the fact that they are supported by Ukraine, but they are also openly flaunting this,” Vassily Nebenzia told the Security Council

UNITED NATIONS, United States: Russia’s ambassador to the United Nations on Tuesday accused Ukrainian intelligence services of aiding militants fighting Syrian leader Bashar Assad’s government, saying some fighters were “openly flaunting” the association.
Militants fighting with radical group Hayat Tahrir Al-Sham (HTS) “have not only not concealed the fact that they are supported by Ukraine, but they are also openly flaunting this,” Vassily Nebenzia told the Security Council, saying there was an “identifiable trail” showing Ukraine’s GUR was “providing weapons to fighters” in northwest Syria.
 

 


Trump urges judge to dismiss hush money case due to election victory

Updated 04 December 2024
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Trump urges judge to dismiss hush money case due to election victory

  • Trump’s lawyers argue having the case loom over his four-year presidential term that begins on Jan. 20 would cause “unconstitutional impediments” to the Republican businessman-turned-politician’s ability to govern

NEW YORK: Donald Trump on Tuesday asked a New York state judge to dismiss the criminal case in which he was convicted in May of 34 felony counts involving hush money paid to a porn star in light of his victory in the Nov. 5 US presidential election.
Justice Juan Merchan last month delayed Trump’s previously scheduled Nov. 26 sentencing indefinitely to give him the chance to seek dismissal. Trump’s lawyers argue having the case loom over his four-year presidential term that begins on Jan. 20 would cause “unconstitutional impediments” to the Republican businessman-turned-politician’s ability to govern.
Prosecutors with Manhattan District Attorney Alvin Bragg’s office supported delaying the sentencing to give Trump the chance to make his case for dismissal, though they said they would oppose that bid. The prosecutors have until Dec. 9 to respond.
The judge has not indicated when he would rule on Trump’s motion to dismiss, and has not set a new date for sentencing. Bragg’s office has suggested he defer all proceedings in the case until Trump, 78, leaves the White House in 2029.
The New York case stemmed from a $130,000 payment Trump’s former lawyer Michael Cohen made to adult film actress Stormy Daniels for her silence before the 2016 election about a sexual encounter she has said she had a decade earlier with Trump, who denies it.
A Manhattan jury found Trump guilty of falsifying business records to cover up his reimbursement of Cohen. It was the first time a US president — former or sitting — had been convicted of or charged with a criminal offense.
Trump pleaded not guilty in the case, which he has sought to portray as a politically motivated attempt by Bragg, a Democrat, to interfere with his presidential campaign.
Falsification of business records is punishable by up to four years in prison. Before he was elected, experts said it was unlikely — but not impossible — that Trump would face time behind bars, with punishments such as a fine or probation seen as more likely.
Trump’s victory over Democratic Vice President Kamala Harris in the Nov. 5 election made the prospect of imposing a sentence of jail or probation even more politically fraught and impractical, given that a sentence could have impeded his ability to conduct the duties of the presidency.
Trump was charged in three additional state and federal criminal cases in 2023, one involving classified documents he kept after leaving office and two others involving his efforts to overturn his 2020 election loss.
He pleaded not guilty in all three cases. None have gone to trial.
A Washington judge on Nov. 25 dismissed the federal criminal case over his attempts to hold onto power. Prosecutors had moved to drop both that case and the classified documents case due to a Justice Department policy against prosecuting a sitting president.
Trump also faces state criminal charges in Georgia over his bid to reverse his 2020 loss in that state, but that case remains in limbo.
As president, Trump would have no power to shut down the New York or Georgia cases because they were filed in state courts.
Trump in November nominated his defense lawyers in the hush money case, Todd Blanche and Emil Bove, to serve senior roles at the Justice Department during his administration.


Spain’s Canary Islands break migrant record in 2024

Updated 03 December 2024
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Spain’s Canary Islands break migrant record in 2024

MADRID: The number of migrants arriving in Spain’s Canary Islands by boat from West Africa hit a new annual record in 2024 for the second year in a row, official data showed on Tuesday.

With controls tightening in the Mediterranean, the Canaries route has become a favorite for people fleeing poverty and conflict in Africa, mostly on overcrowded, barely seaworthy vessels and without sufficient drinking water.

A total of 41,425 migrants entered the seven islands located in the Atlantic off the northwestern coast of Africa between Jan. 1 and Nov. 30, Interior Ministry data showed.

With one month of 2024 still to go, that is already more than the previous record of 39,910 migrants who arrived in the archipelago of 2.2 million people during all of 2023, a level that smashed the old mark set in 2006.

So far this year, a total of 610 boats carrying migrants have managed to arrive in the Canaries, up from 530 during all of 2023.

The regional government of the Canaries says it is overwhelmed, and Socialist Prime Minister Pedro Sanchez in August went on a tour of West African countries in a bid to boost local efforts to curb illegal migration from Mauritania, Senegal and the Gambia, the main departure points for migrant boats headed to the archipelago.


Chinese man arrested in US for smuggling arms to N.Korea

Updated 03 December 2024
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Chinese man arrested in US for smuggling arms to N.Korea

  • The Justice Department said law enforcement seized two devices in August at Wen’s home that he planned to send to the North — a chemical threat identification device and a hand-held broadband receiver that detects eavesdropping devices

LOS ANGELES, United States: A Chinese man was arrested in California on Tuesday for allegedly exporting guns and ammunition to North Korea, the Justice Department said.
Shenghua Wen, 41, who was living illegally in the United States after overstaying his student visa, is charged with violating long-standing US sanctions against North Korea.
Wen and unidentified co-conspirators allegedly concealed firearms and ammunition inside shipping containers that were shipped from Long Beach, California through Hong Kong to North Korea.
The Justice Department said law enforcement seized two devices in August at Wen’s home that he planned to send to the North — a chemical threat identification device and a hand-held broadband receiver that detects eavesdropping devices.
In September, law enforcement seized 50,000 rounds of 9mm ammunition that Wen allegedly obtained to send to North Korea, the department said.
Wen also attempted to obtain a civilian plane engine from a US-based broker, it said.
He faces up to 20 years in prison for conspiracy to violate US sanctions laws.