Donald Trump claims presidential immunity in seeking to dismiss election interference case
Donald Trump will go to court today in an effort to block one of his criminal trials.
His lawyers will tell appeal judges that he shouldn’t face prosecution for efforts to overturn the results of the 2020 election that culminated in the January 6 assault on the US Capitol.
They argue he should enjoy immunity because he was president at the time of the alleged crimes.
The former commander-in-chief plans to attend the hearing at the US Court of Appeals for the District of Columbia as he shuttles between legal and political engagements at the start of an election year.
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In full: Mike Pence on Sky News
In a social media post on Monday, Mr Trump wrote: “Of course I was entitled, as President of the United States and Commander in Chief, to Immunity. I wasn’t campaigning, the Election was long over. I was looking for voter fraud.”
The hearing, in Washington DC, relates to one of four criminal trials faced by Mr Trump, spanning 91 charges.
It levels four charges related to election interference: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction and conspiracy against the right to vote and to have votes counted.
Mr Trump’s bid to have them thrown out has already been dismissed by the presiding judge in the case, Tanya Chutkan, who found that the presidency “does not confer a lifelong ‘get out of jail free’ pass”.
She dismissed his lawyers’ motion that presidents have absolute immunity from prosecution for acts that fall within their official responsibilities, unless they are first impeached and convicted by the US Senate.
She also rejected an argument that the indictment violates Mr Trump’s rights to free speech.
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A trial date in the case has been scheduled for 4 March but that has been put on hold pending the appeal.
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The appeal process, and time spent on it, will push Mr Trump’s criminal calendar further towards the presidential election in November and, possibly, beyond.
On the eve of the Washington hearing, Mr Trump filed a motion in a separate case to have that prosecution thrown out.
His lawyers filed a motion to dismiss racketeering and conspiracy charges in Fulton County, Georgia, invoking a similar argument of immunity for acts conducted while in office.
They contend that his rights to due process were violated because he wasn’t given fair notice that he was acting illegally in pushing claims of a stolen election.
And they argue he has already been impeached on related charges by the US Senate and so could be exposed to double jeopardy.
Prosecutors in Georgia say Trump was acting beyond the scope of his responsibilities as president in pressurising election officials to reject election results.
Children are among the fatalities in a mass shooting at a child’s birthday party in California.
Police said four people had died and 10 were wounded in the incident in Stockton, about 60 miles east of San Francisco.
Officers were called on Saturday to a banquet hall just before 6pm local time (2am UK time) and district attorney Ron Freitas said children were among the dead.
He said the attacker was still at large.
First responders walk through a parking lot near the scene of a mass shooting in Stockton, California. Pics: AP
“We can confirm at this time that approximately 14 individuals were struck by gunfire, and four victims have been confirmed deceased,” San Joaquin County Sheriff’s Office said on X.
The post said early indications suggest it could be a “targeted incident” but that information remains limited.
Police have so far not disclosed the attacker’s identity and the motive is unclear.
Stockton’s vice mayor Jason Lee confirmed on Facebook that the shooting on Lucile Avenue happened at a child’s birthday party.
Pics: AP
Mayor Christina Fugazzi also said that “families should be together instead of at the hospital, standing next to their loved one, praying that they survive”.
California governor Gavin Newsom’s office added that he had been briefed on the “horrific shooting”.
Venezuela has accused Donald Trump of a “colonial threat” after he said the airspace “above and surrounding” the country should be considered closed “in its entirety”.
Mr Trump made the declaration amid growing tensions with President Maduro – and as the US continues attacking boats it claims are carrying drugs from Venezuela.
He wrote on Truth Social: “To all Airlines, Pilots, Drug Dealers, and Human Traffickers, please consider THE AIRSPACE ABOVE AND SURROUNDING VENEZUELA TO BE CLOSED IN ITS ENTIRETY.”
Air traffic above Venezuela on Saturday afternoon. Pic: FlightRadar24
Venezuela’s foreign affairs office called it a “colonial threat” and “illegal, and unjustified aggression”.
It accused the president of threatening “the sovereignty of the national airspace… and the full sovereignty of the Venezuelan state”.
President Trump’s words were part of a “permanent policy of aggression against our country” that breached international law and the UN Charter, it added.
The Pentagon and the White House have so far not given any additional detail on the president’s statement.
Mr Trump’s post comes after the American aviation regulator last week warned of a “potentially hazardous situation” over Venezuela due to a “worsening security situation”.
Nicolas Maduro is widely considered a dictator by the West. Pic: Reuters
The South American nation revoked operating rights for six major airlines that went on to suspend flights to the country.
Mr Trump warned a few days ago that land operations against suspected Venezuelan drug traffickers would begin “very soon”.
Such a move would be a major escalation in Operation Southern Spear – the US naval deployment in the Caribbean Sea and eastern Pacific that’s so far attacked at least 21 vessels.
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Three killed as US strikes another alleged drug boat
Venezuela has said the attacks, which have killed more than 80 people, amount to murder.
The US has released videos of boats being targeted, but hasn’t provided evidence – such as photos of their cargo – to support the smuggling claims.
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The Pentagon has sought to justify the strikes by labelling the drug gangs as “foreign terrorist organisations” – putting them on par with the likes of al Qaeda.
It claims the boats targeted are carrying drugs bound for the US, although Sky’s chief correspondent says the final destination is likely to be Europe and West Africa.
President Maduro has denied Mr Trump’s claims he is involved in the drugs trade himself and said his counterpart wants to oust him so he can install a more sympathetic government.
Venezuelan officials have also claimed Mr Trump’s true motivation is access to the country’s plentiful oil reserves.
Mr Maduro is widely considered a dictator who’s cheated elections and has been president since 2013.
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