Donald Trump does not have presidential immunity and can be prosecuted in an election interference case, a US appeals court has ruled.
The court in Washington ruled that there was no basis for Mr Trump to assert that former presidents have blanket immunity from prosecution for any acts committed as president.
The ruling means he can be prosecuted for actions he took while in the White House from January 2017 and in the run-up to 6 January 2021, when a mob of his supporters stormed the Capitol.
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1:20
‘See you on the trail’
It is the second time in as many months that judges have rejected his claims to be exempt from prosecution.
The Republican, who is the overwhelming favourite to be nominated to run again in November, is expected to appeal and the case may ultimately be decided in the US Supreme Court.
The judges wrote in their decision: “We conclude that 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.”
They did not set a date for a trial, which was originally set for next month, before being postponed last week.
If his nomination is confirmed and he defeats Democrat 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 or he could potentially seek a pardon for himself.
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Image: Supporters of Donald Trump at the US Capitol on 6 January 2021. Pic: AP
Last month, the Supreme Court turned down a chance to get involved, by rejecting a request from special counsel Jack Smith to take up the matter quickly and issue a speedy ruling.
The court has previously decided presidents are immune from civil liability for official acts, and Mr Trump’s lawyers have for months argued that that protection should be extended to criminal prosecution as well.
In December, US district judge Tanya Chutkan, who is presiding over the case, rejected Mr Trump’s arguments, stating that presidents do not have “a lifelong ‘get-out-of-jail-free’ pass.”
It is one of four criminal prosecutions Mr Trump is battling as he tries to reclaim the White House, which he lost to Mr Biden in 2020.
He faces federal charges in Florida that he illegally retained classified documents at his Mar-a-Lago estate, and is set for trial in May.
He is also charged in state court in Georgia with scheming to subvert that state’s 2020 election, and in New York in connection with hush money payments made to porn actor Stormy Daniels. He has denied any wrongdoing.
Mr Trump has continued campaigning despite his legal difficulties, frequently telling supporters he is the victim of a “witch hunt”.
Police in Tennessee have discovered 14 improvised explosive devices in a man’s home as they were arresting him, the local sheriff’s office said.
Officers were executing a warrant in the home of Kevin Wade O’Neal in Old Fort, about 45 miles (70km) east of Chattanooga, after he had threatened to kill public officials and law enforcement personnel in Polk County.
After arresting the 54-year-old, officers noticed “something smouldering” in the bedroom where he was found.
Image: Kevin Wade O’Neal. Pic: Polk County Sheriff’s Office
On closer inspection, they discovered an improvised explosive device and evacuated the house until bomb squad officers arrived at the scene.
Fourteen devices were found inside the property – none of which detonated.
Image: Improvised explosive devices were found in Kevin Wade O’Neal’s home. Pic: Polk County Sheriff’s Office
Image: Kevin Wade O’Neal’s home in Old Fort, Tennessee. Pic: Polk County Sheriff’s Office
O’Neal was charged with 11 counts of attempted first-degree murder, corresponding to nine officers and two other people inside the property when the suspect tried to detonate the devices.
He also faces 14 counts of prohibited weapons and one count of possession of explosive components.
Donald Trump says he has ordered two nuclear submarines to be positioned in the “appropriate regions” in a row with former Russian president Dmitry Medvedev.
It comes after Mr Medvedev, who is now deputy chair of Russia‘s Security Council, told the US president on Thursday to remember Moscow had Soviet-era nuclear strike capabilities of last resort.
On Friday, Mr Trump wrote on social media: “Based on the highly provocative statements of the Former President of Russia, Dmitry Medvedev, who is now the Deputy Chairman of the Security Council of the Russian Federation, I have ordered two Nuclear Submarines to be positioned in the appropriate regions, just in case these foolish and inflammatory statements are more than just that.
“Words are very important, and can often lead to unintended consequences, I hope this will not be one of those instances. Thank you for your attention to this matter!”
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0:37
Trump: ‘We’re going to protect our people’
Speaking outside the White House later in the day, Mr Trump was asked about why he had moved the submarines and replied: “We had to do that. We just have to be careful.
“A threat was made and we didn’t think it was appropriate, so I have to be very careful. So I do that on the basis of safety for our people. A threat was made by a former president of Russia and we’re going to protect our people.”
The spat between Mr Trump and Mr Medvedev came after the US president warned Russia on Tuesday it had “10 days from today” to agree to a ceasefire in Ukraine or face tariffs, along with its oil buyers.
Moscow has shown no sign that it will agree to Mr Trump’s demands.
Trump’s move appears to signal a significant deterioration in relationship with Putin
Normally it’s Moscow rattling the nuclear sabres, but this time it’s Washington in what marks a dramatic escalation in Donald Trump’s war of words with the former Russian president Dmitry Medvedev.
More importantly, it appears to signal a significant deterioration in his relationship with Vladimir Putin.
The US president’s patience with the Kremlin was already at its thinnest earlier this week, when he shrank his deadline for progress towards a peace deal from 50 days to 10.
But Russia’s lack of outward concern with this stricter ultimatum – which has swung from dismissive to (in Medvedev’s case) insulting – seems to have flicked a switch.
For this is the first time Trump’s pressure on Moscow has amounted to anything more than words.
We don’t know where the subs are, or how far they had to move to get closer to Russia, but it’s an act that sits several rungs higher than the usual verbal threats to impose sanctions.
How will Russia respond? I’m not sure Vladimir Putin has ever caved to an ultimatum and I doubt he’ll start now.
But I don’t think he’ll want the situation to deteriorate further. So I suspect he’ll make another offer to the US, that’s dressed up as a concession, but in reality may prove to be anything but.
It’s a tactic that’s worked before, but the stakes have suddenly got higher.
On Thursday, Mr Medvedev reminded Mr Trump that Russia possessed a Soviet-era automated nuclear retaliatory system – or “dead hand”.
Mr Medvedev, a close ally of Russian President Vladimir Putin, was referring to a secretive semi-automated Soviet command system designed to launch Russia’s missiles if its leadership was taken out in a decapitating strike.
He made the remarks after Mr Trump told him to “watch his words” after Mr Medvedev said the US president’s threat of hitting Russia and its oil buyers with punitive tariffs was “a game of ultimatums” and added that “each new ultimatum is a threat and a step towards war” between Russia and the US.
Image: Dmitry Medvedev. Pic: Reuters
Mr Medvedev served as Russia’s president from 2008 and 2012, when Mr Putin was barred from seeking a third consecutive term, but then stepped aside to let him run again.
As deputy chair of Russia’s Security Council, he has become known for his provocative and inflammatory statements since Moscow invaded Ukraine in 2022.
Donald Trump has said “nobody has asked” him to pardon Ghislaine Maxwell, but insisted he has “the right to do it” as US president.
Jeffrey Epstein’s former girlfriend is currently serving a 20-year sentence after being convicted of helping the paedophile financier traffic and sexually abuse underage girls in 2021.
Prosecutors have said Epstein’s sex crimes could not have been done without Maxwell, but her lawyers have maintained that she was wrongly prosecuted and denied a fair trial, and have floated the idea of a pardon from Mr Trump.
Last week, they asked the US Supreme Court to take up her case.
When pressed on the possibility of pardoning Maxwell, Mr Trump told reporters: “I’m allowed to do it, but nobody’s asked me to do it.”
He continued: “I know nothing about it. I don’t know anything about the case, but I know I have the right to do it. I have the right to give pardons, I’ve given pardons to people before, but nobody’s even asked me to do it.”
Mr Trump also said he would not pardon Sean “Diddy” Combs, who was convicted in July on two charges of transportation to engage in prostitution.
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4:28
Trump ‘never visited Espstein island’
His comments came shortly after the federal Bureau of Prisons (BOP) said Maxwell has been moved to a minimum-security prison camp in Texas.
She was being held at a low-security prison in Tallahassee, Florida, that housed men and women, but has now been transferred to a prison camp in Bryan, Texas.
When asked why Maxwell was transferred, BOP spokesperson Donald Murphy said he could not comment on the specifics, but that the BOP determines where inmates are sent based on such factors as “the level of security and supervision the inmate requires”.
Maxwell’s lawyer confirmed the move but also declined to discuss the specific reasons for it.
The Texas camp houses solely female prisoners, the majority of whom are serving time for nonviolent offences and white-collar crimes, Sky’s US partner NBC News reports.
Image: Trump and Epstein at a party together in 1992. Pic: NBC News
Minimum-security federal prison camps house inmates considered to be the lowest security risk and some facilities do not even have fences.
A senior administration official told NBC: “Any false assertion this individual was given preferential treatment is absurd.
“Prisoners are routinely moved in some instances due to significant safety and danger concerns.”
Maxwell has received renewed attention in recent weeks, after the US Justice Department said it would not be releasing the so-called ‘Epstein files’.
The department said a review of the Epstein case had found “no incriminating ‘client list'” and “no credible evidence” the jailed financier – who killed himself in prison in 2019 – had blackmailed famous men.
Officials from the Trump administration have since tried to cast themselves as promoting transparency in the case.
Last month, they lodged a request to unseal grand jury transcripts – which was denied – and Maxwell was last week interviewed by Deputy Attorney General Todd Blanche.
Epstein survivor’s family criticises move
Maxwell’s move to a lower security facility has been criticised by the family of Epstein abuse survivor Virginia Giuffre, who died in April, and accusers Annie and Maria Farmer.
They said in a statement: “It is with horror and outrage that we object to the preferential treatment convicted sex trafficker Ghislaine Maxwell has received.
“Ghislaine Maxwell is a sexual predator who physically assaulted minor children on multiple occasions, and she should never be shown any leniency.
“Yet, without any notification to the Maxwell victims, the government overnight has moved Maxwell to a minimum security luxury prison in Texas.”
The statement concluded: “This move smacks of a cover up. The victims deserve better.”