The US Supreme Court has sent Donald Trump’s claim he is immune from prosecution for his actions while president back to a lower court.
Trump faces prosecution over his role in the deadly 6 January riots in 2021 at the Capitol in Washington DC, after he encouraged his supporters to gather at Congress to oppose the approval of Joe Biden’s 2020 election win; and alleged attempts to overturn the 2020 election result.
The former president had been charged with conspiracy to defraud the US, conspiring against the right of Americans to vote and corruptly obstructing an official proceeding and conspiring to do so.
In a historic 6-3 ruling, the justices said for the first time that former presidents have absolute immunity from prosecution for their official acts, but no immunity for unofficial acts.
But instead of deciding for themselves, the justices ordered lower courts to work out precisely how to apply their decision to Trump’s case.
The lower court must now decide whether he was acting officially or privately.
Shortly after the decision was released Trump posted on his social media network: “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”
‘The president is now king above law’
The three liberal justices all dissented from the majority opinion.
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One of them, Sonia Sotomayor, wrote: “Today’s decision to grant former presidents criminal immunity reshapes the institution of the presidency. It makes a mockery of the principle, foundational to our constitution and system of government, that no man is above the law.”
Ms Sotomayor added: “In every use of official power, the president is now a king above the law.” She concluded: “With fear for our democracy, I dissent.”
Former attorney general Eric Holder said the decision was “absurd and dangerous”, tweeting: “Our democracy has been gravely wounded.”
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Biden v Trump: What you need to know
Slow handling of case favours Trump
Trump’s legal team had argued he was immune from prosecution as he was serving as president when he took the actions leading to the charges.
Special Counsel Jack Smith, who brought the charges in August last year, has opposed presidential immunity from prosecution based on the principle no one is above the law.
A trial had been scheduled to start on 4 March, before the delays over the immunity issue. Now no trial date is set.
The Supreme Court’s decision adds further delays, and if Trump becomes president again in November he may be able to use his powers to dismiss the charges against him.
The court’s slow handling of the case has already helped Trump by making it unlikely any trial on these charges could be completed before the election on 5 November.
Trump has pleaded not guilty to the charges. He still faces three other indictments.
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Mr Smith is leading two federal probes into the former president, both of which have led to criminal charges.
The Washington case focuses on Trump’s alleged efforts to overturn the 2020 election, while a case in Florida revolves around the mishandling of classified documents. A further case in Georgia also revolves around Trump’s actions after his defeat in 2020.
Trump has said the cases against him are politically motivated attempts to keep him from returning to the White House.
Trump, 78, became the first former president to be convicted of a felony in May.
He was found guilty of falsifying business records to cover up a hush money payment made during the 2016 presidential election to porn star Stormy Daniels, who says she had sex with him – a claim he denies.
A body has been recovered from a South African mine after police cut off basic supplies in an effort to force around 4,000 illegal miners to resurface.
The body has emerged from the closed gold mine in the northwest town of Stilfontein a day after South Africa’s government said it would not help the illegal miners.
Around 20 people have surfaced from the mineshaft this week as police wait nearby to arrest all those appearing from underground.
It comes a day after a cabinet minister said the government was trying to “smoke them [the miners] out”.
The move is part of the police’s “Close the Hole” operation, whereby officers cut off supplies of food, water and other basic necessities to get those who have entered illegally to come out.
Local reports suggest the supply routes were cut off at the mine around two months ago, with relatives of the miners seen in the area as the stand-off continues.
A decomposed body was brought up on Thursday, with pathologists on the scene, police spokesperson Athlenda Mathe said.
It comes after South African cabinet minister Khumbudzo Ntshavheni told reporters on Wednesday that the government would not send any help to the illegal miners, known in the country as zama zamas, because they are involved in a criminal act.
“We are not sending help to criminals. We are going to smoke them out. They will come out. Criminals are not to be helped; criminals are to be prosecuted. We didn’t send them there,” Ms Ntshavheni said.
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Senior police and defence officials are expected to visit the area on Friday to “reinforce the government’s commitment to bringing this operation to a safe and lawful conclusion”, according to a media advisory from the police.
In the last few weeks, over 1,000 miners have surfaced at various mines in South Africa’s North West province, where police have cut off supplies.
Many of the miners were reported to be weak, hungry and sickly after going for weeks without basic supplies.
Illegal mining remains common in South Africa’s old gold-mining areas, with miners going into closed shafts to dig for any possible remaining deposits.
The illegal miners are often from neighbouring countries, and police say the illegal operations involve larger syndicates that employ the miners.
Their presence in closed mines has also created problems with nearby communities, which complain that the illegal miners commit crimes ranging from robberies to rape.
Illegal mining groups are known to be heavily armed and disputes between rival groups sometimes result in fatal confrontations.
In the courtyard of a farmhouse now home to soldiers of the Ukrainian army’s 47th mechanised brigade, I’m introduced to a weary-looking unit by their commander Captain Oleksandr “Sasha” Shyrshyn.
We are about 10km from the border with Russia, and beyond it lies the Kursk region Ukraine invaded in the summer – and where this battalion is now fighting.
The 47th is a crack fighting assault unit.
They’ve been brought to this area from the fierce battles in the country’s eastern Donbas region to bolster Ukrainian forces already here.
Captain Shyrshyn explains that among the many shortages the military has to deal with, the lack of infantry is becoming a critical problem.
Sasha is just 30 years old, but he is worldly-wise. He used to run an organisation helping children in the country’s east before donning his uniform and going to war.
He is famous in Ukraine and is regarded as one of the country’s top field commanders, who isn’t afraid to express his views on the war and how it’s being waged.
His nom de guerre is ‘Genius’, a nickname given to him by his men.
‘Don’t worry, it’s not a minefield’
Sasha invited me to see one of the American Bradley fighting vehicles his unit uses.
We walk down a muddy lane before he says it’s best to go cross-country.
“We can go that way, don’t worry it’s not a minefield,” he jokes.
He leads us across a muddy field and into a forest where the vehicle is hidden from Russian surveillance drones that try to hunt both American vehicles and commanders.
Sasha shows me a picture of the house they had been staying in only days before – it was now completely destroyed after a missile strike.
Fortunately, neither he, nor any of his men, were there at the time.
“They target commanders,” he says with a smirk.
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It takes me a moment or two to realise we are only a few steps away from the Bradley, dug in and well hidden beneath the trees.
Sasha tells me the Bradley is the finest vehicle he has ever used.
A vehicle so good, he says, it’s keeping the Ukrainian army going in the face of Russia’s overwhelming numbers of soldiers.
He explains: “Almost all our work on the battlefield is cooperation infantry with the Bradley. So we use it for evacuations, for moving people from one place to another, as well as for fire-covering.
“This vehicle is very safe and has very good characteristics.”
Billions of dollars in military aid has been given to Ukraine by the United States, and this vehicle is one of the most valuable assets the US has provided.
Ukraine is running low on men to fight, and the weaponry it has is not enough, especially if it can’t fire long-range missiles into Russia itself – which it is currently not allowed to do.
Sasha says: “We have a lack of weapons, we have a lack of artillery, we have a lack of infantry, and as the world doesn’t care about justice, and they don’t want to finish the war by our win, they are afraid of Russia.
“I’m sorry but they’re scared, they’re scared, and it’s not the right way.”
Like pretty much everyone in Ukraine, Sasha is waiting to see what the US election result will mean for his country.
He is sceptical about a deal with Russia.
“Our enemy only understands the language of power. And you cannot finish the war in 24 hours, or during the year without hard decisions, without a fight, so it’s impossible. It’s just talking without results,” he tells me.
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These men expect the fierce battles inside Kursk to intensify in the coming days.
Indeed, alongside the main supply route into Kursk, workers are already building new defensive positions – unfurling miles of razor wire and digging bunkers for the Ukrainian army if it finds itself in retreat.
Sasha and his men are realistic about support fatigue from the outside world but will keep fighting to the last if they have to.
“I understand this is only our problem, it’s only our issue, and we have to fight this battle, like we have to defend ourselves, it’s our responsibility,” Sasha said.
But he points out everyone should realise just how critical this moment in time is.
“If we look at it widely, we have to understand that us losing will be not only our problem, but it will be for all the world.”
Stuart Ramsay reports from northeastern Ukraine with camera operator Toby Nash, and producers Dominique Van Heerden, Azad Safarov, and Nick Davenport.
The adverse weather could lead to total insured losses of more than €4bn (£3.33bn), according to credit rating agency Morningstar DBRS.
Much of the claims are expected to be covered by the Spanish government’s insurance pool, the agency said, but insurance premiums are likely to increase.