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 January 6 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.
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.
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The Supreme Court’s decision adds further delays. If Trump becomes president again in November, in reality 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 has said this case and three others are politically motivated attempts to keep him from returning to the White House.
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A gunman who murdered four people in a New York office building before taking his own life had CTE, a degenerative brain disease which has been linked to playing American football.
The 27-year-old, who played high school football, had “unambiguous diagnostic evidence” of low-stage CTE, or chronic traumatic encephalopathy, the New York City medical examiner said.
In a three-page note discovered by police after the mass shooting, Tamura made repeated references to CTE.
Image: Shane Tamura. Pic: AP
In his note, which was written on notepad paper and using a variety of ink, Tamura wrote “CTE study my brain please. I’m sorry.” And again: “Please study brain for CTE. I’m sorry.”
He also specifically refers to Terry Long, a former NFL player who starred for the Pittsburgh Steelers. Long was diagnosed with CTE after drinking antifreeze to take his own life 20 years ago. CTE can only be diagnosed after death via post mortem.
In a statement, the NFL said: “We continue to grieve the senseless loss of lives, and our hearts remain with the victims’ families and our dedicated employees.
“There is no justification for the horrific acts that took place. As the medical examiner notes ‘the science around this condition continues to evolve, and the physical and mental manifestations of CTE remain under study’.”
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July: New York shooter’s note: ‘CTE study my brain please’
We looked at the case of former high school football player Noah Green. He was 25 when he crashed into a security cordon protecting the capitol building in Washington DC and stabbed police officer William Evans to death, before he too was shot dead by responding police.
Green’s mother, Mazie, told me she believes his crime was caused by brain injuries sustained on the American football field. He also had CTE.
The theory of a link between CTE and violent crime is increasingly cited in the courtroom.
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At least four dead in New York shooting
Kellen Winslow, a former NFL player, argued for his sentence for multiple rapes to be reduced because of head trauma suffered on the football field.
Former San Francisco 49ers star Phillip Adams shocked the country when he shot dead six people, including grandparents and their two grandchildren, then himself in 2021. He had severe CTE.
Elon Musk’s name has appeared in files relating to Jeffrey Epstein, with a reference made to the world’s richest man potentially visiting the paedophile’s island.
The Duke of York is also named as a passenger on the sex offender’s private jet in documents released by Democrats on the House Oversight Committee in the US.
They show Musk as a potential visitor to Epstein‘s island, Little St James, on 6 December 2014 – six years after Epstein became a listed sex offender.
His name appears on what appears to be Epstein’s daily schedule, with the entry reading: “Reminder: Elon Musk to island Dec.6 (is this still happening?)”
Image: Jeffrey Epstein. File pic: New York State Sex Offender Registry via AP
In June, Musk claimed Donald Trump appeared in files relating to the disgraced financier and alleged his administration was concealing information about the US president’s association with Epstein.
He gave no evidence for the claim, which he made on X, and later appeared to have deleted the posts.
Sky News has approached Musk for comment.
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Watch: Donald Trump and Jeffrey Epstein together in 1992
Prince Andrew named as passenger on Epstein jet
The documents also show Prince Andrew as a listed passenger on a flight on Epstein’s jet from Teterboro, New Jersey, to Palm Beach, Florida, on 12 May 2000.
He is named alongside Epstein, his then-girlfriend Ghislaine Maxwell, who is now a convicted sex trafficker, and two names that have been redacted.
Details of the duke travelling on Epstein’s jet have previously been heard in court in Maxwell’s trial. One of her accusers, who was 14 at the time, recalled she had travelled on a flight with Andrew.
The duke strenuously denies any wrongdoing.
In addition to Musk and the duke, the records also show he was in contact with Microsoft co-founder Bill Gates, PayPal founder Peter Thiel and Steve Bannon, who was Mr Trump’s chief strategist during his first term.
Image: A passenger manifest for a flight involving Jeffrey Epstein and Maxwell, and Prince Andrew. Pic: Oversight Dems
Image: New documents from Epstein’s estate. Pic: Oversight Dems
Image: Pic: Oversight Dems
Image: Pic: Oversight Dems
The names of victims in the records are redacted and the committee said it plans to release more files once they are redacted as well.
Duchess of York dropped by charities over Epstein email
The release comes days after an email surfaced from Sarah, Duchess of York, to Epstein, in which she apologised to him for disowning him in the media.
In the letter, the duchess, Prince Andrew’s ex-wife, called the sex offender a “supreme friend”.
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Duchess of York explains message to Epstein
Her spokesperson said the message was written because he had threatened to sue her for defamation.
Earlier this month, Peter Mandelson, the British ambassador to the US, was sacked by Sir Keir Starmerafter it was discovered he had also sent messages to Epstein, calling him “my best pal”, after he was jailed awaiting sex trafficking charges.
Epstein was found dead in his cell at a federal jail in Manhattan in August 2019 while he was awaiting trial on sex-trafficking charges. The death was ruled a suicide.
Ex-FBI director James Comey has been charged with making a false statement and obstruction in a criminal case.
Comey was fired months into Donald Trump‘s first presidency, in the middle of an investigation into Russian interference in the 2016 election.
Fellow former FBI chief Robert Mueller took over the investigation, which found numerous contacts between Mr Trump’s 2016 campaign and Russian officials, but concluded that there was not enough evidence to establish a criminal conspiracy.
Mr Trump and his supporters labelled the investigation a “hoax” and a “witch hunt” used to undermine Mr Trump’s first administration – despite several government reviews showing that Moscow interfered on behalf of the Republican’s campaign.
Image: Donald Trump (pictured today in the White House) hailed the charges as “JUSTICE IN AMERICA” on Truth Social. Pic: Reuters
The charges come days after the US president appeared to chide his attorney general, Pam Bondi, for not bringing criminal charges against Comey and other perceived political enemies quickly enough.
“We can’t delay any longer, it’s killing our reputation and credibility,” Mr Trump wrote, referencing the fact that he himself had been indicted and impeached multiple times. “JUSTICE MUST BE SERVED, NOW!!!”
When she announced the charges, Ms Bondi said: “No one is above the law. Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people.”
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Mr Trump celebrated the charges as “JUSTICE IN AMERICA” in a Truth Social post, adding that Comey “was indicted by a Grand Jury on two felony counts for various illegal and unlawful acts”.
After he was fired, Comey became a prominent critic of the president, calling him “morally unfit” for office.
The criminal case against Comey, who served as FBI director from 2013 to 2017, does not concern the substance of the Russia investigation.
Instead, it accuses him of having lied to Congress in 2020 when he said he never authorised anyone to serve as an anonymous source to a reporter about the investigation.
Image: James Comey testified remotely before the Senate Judiciary Committee in September 2020. Pic: AP/Ken Cedeno/UPI
An internal watchdog for the US Justice Department found evidence of numerous errors but no political bias concerning the FBI’s opening of the investigation into Russian election interference.
In a 2019 report, the watchdog faulted Comey for asking a friend to give memos detailing Comey’s one-on-one interactions with Mr Trump to the New York Times.
During Mr Trump’s first term, the Justice Department declined to pursue criminal charges against Comey.
The case against Comey is the starkest example of the Trump administration using law enforcement to target a critic, following the president’s promise of retribution against the former FBI chief during his 2024 election campaign.
If Comey is convicted of making a false statement and obstruction, he faces up to five years in prison.