Donald Trump has appeared in court as he tries to dismiss a federal criminal case where he faces charges he plotted to overturn the results of the 2020 election.
Mr Trump‘s lawyers argued in front of appeal judges in Washington DC that he was immune from prosecution because he was president at the time of the alleged crimes.
But prosecutors argue he was acting as a candidate, not a president, when he pressured officials to overturn the results and encouraged supporters to march on the US Capitol on January 6 2021, where they stormed the building in a riot.
“The president has a unique constitutional role but he is not above the law,” prosecutor James Pearce argued in court.
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Mr Pearce also called it an “extraordinarily frightening future” if a president was to be granted complete presidential immunity.
Mr Trump, who is due to go on trial in March, has pleaded not guilty to four charges: conspiracy to defraud the US; conspiracy to obstruct an official proceeding; obstruction; and conspiracy against the right to vote and to have votes counted.
The panel of three judges, two of whom were appointed by President Biden, were sceptical the former commander-in-chief, who lost to Mr Biden in the 2020 White House race, was immune from prosecution.
“You’re saying a president could sell pardons, could sell military secrets, could tell SEAL Team Six to assassinate a political rival?” Judge Florence Pan asked Trump lawyer D John Sauer.
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Mr Sauer said a former president could be charged for such conduct only if they were first impeached by the House of Representatives and convicted in the Senate.
In Washington, Mr Trump walked into court, took a sigh, unbuttoned his jacket and sat at his lawyers’ table, said NBC reporter Ryan Reilly.
Mr Trump was “mostly muted during his lawyers’ arguments”, but “grew flustered” during the arguments made by the special counsel, who is prosecuting him, Reilly added.
“Trump appeared agitated at times during the special counsel’s arguments, passing notes to his lawyers on a yellow legal pad,” he continued.
“He grew most animated when his lawyer claimed on rebuttal that Trump was winning in the polls, vigorously shaking his head yes.”
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5:57
Can Donald Trump win in 2024?
Later at a news conference in a Washington hotel, Mr Trump told reporters: “I feel that as a president, you have to have immunity – it’s very simple.
“I did nothing wrong. Absolutely nothing wrong.”
He also said he felt “very confident” he would win his case.
It’s court as a curtain call
Any stage will do.
Donald Trump didn’t have to attend the appeal hearing in Washington DC but in this, an election year, he insisted.
No wonder. It’s a no-brainer.
Trump’s legal troubles continue to propel his popularity and his fundraising.
So with a federal courthouse swamped by media for the latest legal twist, there is profile and profit in the personal appearance.
It’s court as a curtain call.
If the three-judge panel falls in Trump’s favour – and that’s a big ‘if’ – it would be good news for him in the US capital and beyond.
Having the case thrown out would bode well for him in his efforts to dismiss similar state-level charges on election interference, with similar arguments, at Fulton County in Georgia.
Trump’s lawyers say he should enjoy absolute immunity for his actions whilst in office and they claim it would be double jeopardy to prosecute him over actions for which he was already impeached and acquitted in the Senate.
A ruling in his favour would also have consequences for his prosecution in New York on false accounting around hush money payments to a former porn star – charges which relate to his time in office.
In such a scenario, three out of four criminal prosecutions would be undermined. The fourth, on the mishandling of classified documents, is presided over by a Trump-appointed judge who has attracted accusations of bias towards the former president in pre-trial rulings.
So there is much riding on the opinions of three appeal judges who sat through the oral arguments in the US Court of Appeals for the District of Columbia.
Earlier at the US Court of Appeals for the District of Columbia, Mr Sauer hit back at Mr Pearce’s “frightening future” claims, saying: “The ‘frightening future’ that he alleges, where presidents are very, very seldom if ever prosecuted because they have to be impeached and convicted first, is the one we’ve lived under for the last 235 years.
“That’s not a frightening future, that’s our republic.”
He warned that authorising the prosecution of a president for official acts would “open a Pandora’s box from which this nation may never recover”.
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2:39
Biden hits out at Donald Trump
He claimed presidents could be prosecuted for giving Congress “false information” to enter war or for allowing drone strikes targeting Americans abroad.
The three judges questioned whether they had jurisdiction to consider the appeal at this point in the case, raising the prospect that Mr Trump’s efforts could be rejected.
They also pushed Mr Trump’s lawyer to defend claims he was shielded from criminal charges for acts he says fell within his official duties as president.
That was an argument which was rejected last month by a lower-court judge, Tanya Chutkan, who is overseeing the case.
The appeals court decision could take several weeks or months and its ruling is almost certain to be appealed to the US Supreme Court.
Mr Trump, who is the first former US president to be criminally prosecuted, faces 91 criminal counts in four separate cases.
Legislators in Texas have approved new congressional maps designed to boost Donald Trump’s Republicans at next year’s midterm elections.
Known as redistricting, the state’s re-drawn map would shift conservative voters into districts currently held by Democrats, and combine other districts with a Democratic majority into one.
The process is not new, and is completely legal – unless it is ruled to be racially motivated – but typically occurs every 10 years after the US Census to account for population changes.
The push to redistrict early came from Mr Trumphimself, who wants to bolster his chances of preserving the slim Republican majority in the House of Representatives at next year’s crucial midterms.
But by trying to re-draw the maps in the red state of Texas, Democrats have lined up their own counter redistricting effort in the blue state of California.
If more states decide to re-consider their maps, it has the potential to largely determine the outcome of the 2026 midterms, before a single vote is cast.
What’s happening in Texas?
Mr Trump first said he wanted politicians in Texas to redraw the state’s congressional district in July. The governor of Texas, Greg Abbott, followed up on the president’s demands, calling for a special session to vote on new maps.
“Please pass this map ASAP,” Mr Trump urged on his Truth Social platform on Monday. “Thank you, Texas!”
Image: Republican Texas State Representative Todd Hunter brought about the legislation. Pic: AP
In an effort to try to make passing the vote as difficult as possible, Democrats fled the state for two weeks. Per parliamentary rules, if enough Democrats refuse to take part in the special session, the Texas House can’t meet.
On their return, each Democratic politician was assigned a police escort to ensure they attended the session.
Nicole Collier, who refused the police escort, stayed in the House for two nights, and was pictured with an eye mask and blanket trying to sleep at her desk.
Image: Nicole Collier sleeps in the House chamber after refusing a police escort. Pic: Reuters
Once the debate started, the doors to the chamber were locked and all members wanting to leave had to get a permission slip to do so.
After nearly eight hours, the legislation to formally change the map was passed 88-52 on Wednesday.
It now needs to be approved by the Texas Senate, where Republicans hold a majority, and then signed off by Mr Abbott, who has already committed to doing just that.
Image: Activists protest against mid-decade redistricting in Texas. Pic: AP
Why re-draw maps?
Republicans in Texas have openly said the rally to re-draw congressional maps is in the party’s interest.
Todd Hunter, the Republican who wrote the legislation formally creating the new map, told the House: “The underlying goal of this plan is straight forward: improve Republican political performance.”
He said the dispute is nothing more than a partisan fight, and made reference to the US Supreme Court having previously allowed politicians to redraw districts for partisan purposes.
Democrats hit back, arguing the disagreement was about more than partisanship.
“In a democracy, people choose their representatives,” representative Chris Turner said. “This bill flips that on its head and lets politicians in Washington, DC, choose their voters.”
Another Democrat, John H Bucy, blamed the president, saying: “This is Donald Trump’s map.
“It clearly and deliberately manufactures five more Republican seats in Congress because Trump himself knows that the voters are rejecting his agenda.”
How have Democrats responded?
The move by Republicans has triggered a tit-for-tat move by the Democrats, who are due to meet in California on Thursday to revise the state’s maps in order to gain five more seats.
To enact the same powers in California will prove harder, as state laws require an independent commission to take responsibility for redistricting – meaning it would need to be approved by voters in a special election.
In other blue states, rules are even tighter. For example, in New York, they cannot draw new maps until 2028, and even then, only with voter approval.
Despite the obstacles, California governor Gavin Newsom confirmed a redistricting election will take place in the state on 4 November, in order to “fight fire with fire”.
His plan has gained support from former president Barack Obama, who said it was necessary to “stave off” the Republicans’ move in Texas.
Image: Barack Obama attends Trump’s inauguration in January. Pic: The New York Times via AP
Could this affect the midterms?
The midterms in November next year will likely be on a knife edge.
Whatever the outcome, it could shape the remainder of Mr Trump’s second term in office. A Democrat majority would make it tougher for him to pass laws.
Currently, Republicans control the House of Representatives in Washington, 219-212 (excluding four open vacancies). A party needs 218 seats for a majority.
In the Senate, the Republicans hold a similarly slim majority of 53 to 45.
Image: Gavin Newsom is framing his response as the ‘election rigging response act’. Pic: Reuters
However, the incumbent president’s party typically loses seats in the midterms.
In the 2018 midterms, during Mr Trump’s first tenure as president, the Democrats took control of the House. Likewise, in 2022, when Joe Biden was president, the House swung back to the Republicans.
It’s important to note that 27 House seats will remain in states that are unlikely to redraw their maps, according to The New York Times.
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In a bid to avoid a repeat of history, Mr Trump is pushing for redistricting in states beyond Texas. Top Republicans in states like Indiana, Missouri, and Florida continue to talk about tweaking their maps to create more Republican-controlled congressional seats.
While Ohio has to legally redraw, the timing of which could benefit the Republicans, and, by extension, Mr Trump.
Donald Trump has said American troops will not be sent to Ukraine, but the US may provide air support as part of a peace deal with Russia.
A day after his extraordinary White House meeting with Ukrainian President Volodymyr Zelenskyy and the leaders of Kyiv’s European allies, the US president told Fox News “when it comes to security, [Europeans] are willing to put people on the ground. We’re willing to help them with things, especially, probably, by air”.
Mr Trump did not elaborate, but White House press secretary Karoline Leavitt told reporters US air support was “an option and a possibility”.
She said the US president “has definitively stated US boots will not be on the ground in Ukraine, but we can certainly help in the coordination and perhaps provide other means of security guarantees to our European allies”.
Air support could take many forms, including missile defence systems or fighter jets enforcing a no-fly zone – and it’s not clear what role the US would play under any proposed peace deal.
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4:14
What security guarantees could work?
Zelenskyy-Putin summit
It comes as planning for a possible Zelenskyy-Putin summit get under way. Talks between the Ukrainian and Russian president are seen by Mr Trump as vital to ending the war.
Sky News understands a meeting could happen before the end of the month, with Geneva, Vienna, Rome, Budapest, and Doha among the venues being considered.
Geneva, Switzerland, is considered the best option, with Rome or the Vatican disliked by the Russians and Budapest, Hungary, not favoured by the Ukrainians.
European allies are understood to want security guarantees to be defined before the meeting.
A NATO-like treaty, guaranteeing Ukraine’s allies would come to its defence in case of any future Russian attack, is being worked on and could be completed by next week.
Like the US, Sky News understands Italy is opposed to putting boots on the ground in Ukraine.
But EU diplomats are confident this is the best chance yet to stop the war, and allies could return to Washington in early September to celebrate any deal being struck.
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5:57
Sky’s Mark Stone takes you inside Zelenskyy-Trump 2.0
Trump still has doubts about Putin
Despite the renewed optimism about a peace deal following Monday’s White House summit, Mr Trump has admitted Vladimir Putin might not be sincere about wanting to end the war.
“We’re going to find out about President Putin in the next couple of weeks,” he told Fox News.
He’s previously threatened to put more sanctions on Russia if a peace deal isn’t reached, though previously set deadlines have been and gone.
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Russia launched its biggest air assault on Ukraine in more than a month on Monday night, sending 270 drones and 10 missiles, the Ukrainian air force said.
Ukraine’s European allies in the so-called Coalition of the Willing, an initiative spearheaded by Sir Keir Starmer and Emmanuel Macron, discussed additional sanctions to place on Russia on Tuesday.
Image: Boris Yeltsin (2L) and Bill Clinton (C) sign the 1994 Budapest Memorandum
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4:14
What security guarantees could work?
The Trump administration’s contradictory statements on possible security guarantees are causing concern here.
MP Lesia Vasylenko told Sky News it is not at all clear what the allies have in mind.
“Who is going to be there backing Ukraine in case Russia decides to revisit their imperialistic plans and strategies and in case they want to restart this war of aggression?”
For many Ukrainians, there is a troubling sense of deja vu.
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0:46
Ukrainian drone strikes Russian fuel train
In the 1994 Budapest Memorandum, Ukraine agreed to give up not land but its nuclear arsenal, inherited from the Soviet Union, in return for security assurances from Russia and other powers.
They know how that ended up to their enormous cost. Putin reneged on Russia’s side of the bargain, with his invasion of Crimea in 2014 and once again with his full-scale attack three and a half years ago.
We met veteran Ukrainian diplomat Yuri Kostenko, who helped lead those negotiations in the 90s.
Image: Veteran Ukrainian diplomat Yuri Kostenko helped lead the Budapest Memorandum negotiations
He said there is a danger the world makes the same mistake and trusts Vladimir Putin when he says he wants to stop the killing, something Mr Trump said he now believes.
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“It’s not true, it’s not true, Russia never, never, it’s my practices in more than 30 years, Russia never stop their aggression plans to occupy all Ukraine and I think that Mr Trump, if he really believes Mr Putin, it will be a very big mistake, Mr Trump, a very big mistake.”
Before the Alaska summit, allies agreed the best path to peace was forcing Mr Putin to stop his invasion, hitting him where it hurts with severe sanctions on his oil trade.
But Mr Trump has given up calls for a ceasefire and withdrawn threats to impose those tougher sanctions.
Instead, he has led allies down a different and more uncertain path.
Ukrainians we met on the streets of Kyiv said they would love to believe in progress more than anything, but are not encouraged by what they are hearing.
While the diplomacy moves on in an unclear direction, events on the ground and in the skies above Ukraine are depressingly predictable.
Russia is continuing hundreds of drone attacks every night, and its forces are advancing on the front.
If Vladimir Putin really wants this war to end, he’s showing no sign of it, while Ukrainians fear Donald Trump is taking allies down a blind alley of fruitless diplomacy.