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 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.
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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.
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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.
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.
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.
Michael Cohen said he had been “knee deep into the cult of Donald Trump” as he testified for a second day in the ex-president’s trial.
As Trump‘s defence tried to paint the former lawyer and ‘fixer’ as a bitter and fame-hungry former acolyte, he denied being obsessed by his former boss but said he had once “admired him tremendously”.
He is testifying in the case about hush money payments to ex-porn star Stormy Daniels in an attempt to cover up an alleged sexual encounter in 2006.
Such payouts aren’t illegal, but Trump is accused of falsifying business records to hide it – a claim he denies.
He told the court on Tuesday that loyalty was the reason he kept lying about the payment when it came out in the media.
In 2016 he described Trump as kind, humble, honest and genuine.
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The defence asked whether he had believed what he was saying.
“At the time, I was knee-deep into the cult of Donald Trump,” he responded, adding: “I was not lying, no, that’s how I felt.”
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Mr Cohen admitted he “missed Trump” at times after he became president.
They have also pointed to hundreds of media appearances, podcasts and interviews in which the disgraced lawyer has mentioned him.
His credibility was under attack as Mr Cohen has previously admitted lying under oath.
The 57-year-old was jailed after pleading guilty in 2018 to charges relating to the hush money payment and other unrelated offences.
He said that after a FBI raid on his home the same year, Trump had messaged him: “I am the president of the United States, everything is going to be okay, stay tough”.
Donald Trump denies the liaison with Stormy Daniels and says Mr Cohen acted on his own initiative when he made the payment.
The former lawyer denied that claim in earlier evidence, saying “everything required Trump’s sign-off”.
‘I violated my moral compass’
Mr Cohen – who once said he would take a bullet for his boss – admitted at the end of questioning on Tuesday that he “violated my moral compass” while working for Donald Trump.
“I regret doing things for him that I should not have,” he told the New York court. “Lying, bullying people in order to effectuate the goal.
“I don’t regret working for the Trump Organisation – as I expressed before, [those were] some very interesting, great times,” he added.
“But to keep the loyalty and to do things that he had asked me to do, I violated my moral compass, and I suffered the penalty, as did my family. That is my failure.”
Prosecutors say Trump later paid the money back and covered it up by recording it as a legal retainer fee.
He faces 34 counts of falsifying business records over the claims.
Trump – who will take on Joe Biden in his bid to become president again in November – is unlikely to face a custodial sentence if found guilty.
His other cases are potentially more damaging but mired in delays.
They concern allegations of keeping stacks of secret documents after leaving office and trying to overturn his 2020 election defeat. He denies the claims.
Eight people have died and another eight were critically injured after a bus carrying farm workers crashed and overturned in Florida.
The bus was transporting 53 workers when it collided with a pickup truck in Marion County, north of Orlando, the Florida Highway Patrol (FHP) said.
The bus then swerved off State Road 40 – a hilly two-lane road that goes through farms – and crashed through a fence, before overturning, authorities said.
The incident took place at 6.35am local time on Tuesday and it is unclear why the two vehicles crashed.
A total of 40 people needed hospital treatment – eight of whom are in a critical condition, the Marion County Fire Rescue confirmed to NBC News.
The driver of the truck was also taken to hospital and more than 30 ambulances attended the scene, NBC News added.
Lieutenant Pat Riordan, from the FHP, told reporters some of those injured are “in very serious condition” and there’s a “high probability” the number of dead could rise.
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“At this point, we are conducting a massive traffic homicide investigation,” he said.
Torrential rain and thunderstorms have hit some US regions in recent days – including Marion County – and authorities will be investigating if the weather contributed to the collision.
Photographs from the scene show the bus on its side, with both its rear emergency door and top hatch open.
The farm workers were being transported to Cannon Farms in Dunnellon, where watermelon harvesting has been taking place.
Following the crash, a post on the farm’s social media account said it will “be closed today out of respect to the losses and injuries endured early this morning”.
“Please pray with us for the families and the loved ones involved in this tragic accident,” the post continued. “We appreciate your understanding at this difficult time.”
Cannon Farms is a family-owned business that has been operational for more than 100 years, according to its website.
They now focus on peanuts and watermelons, which they supply to grocery stores across the US and Canada.
The vehicle transporting the workers was a 2010 International Bus and the pickup truck was a 2001 Ford Ranger, authorities said.
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Hear Trump and his lawyer discuss hush money
The court also heard a recording of a conversation between Mr Trump and Mr Cohen over hush money said to have been paid to another woman, former Playboy model Karen McDougal, who he also allegedly had an affair with.
Mr Cohen suggests in the recording setting up another company to repay David Pecker – who said he provided the $150,000 to cover up the story.
The former National Enquirer boss previously testified he bought the story to keep it hidden and eventually decided against seeking reimbursement.
Later in the recording, Mr Trump can be heard suggesting the $150,000 might be better off being paid in cash.
Mr Cohen told the court this was to “avoid any type of paper transaction”.
The 57-year-old – who once said he would take a bullet for Mr Trump – worked for him for nearly a decade.
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He pleaded guilty to violating campaign finance law in 2018 over the Stormy Daniels payment and was jailed, but at the time prosecutors did not bring charges against Mr Trump.
Mr Cohen’s credibility is in the sights of defence lawyers as he has previously admitted lying under oath.
Mr Trump – who will take on Joe Biden in his bid to become president again in November – is unlikely to face a custodial sentence if found guilty.
His other cases are potentially more damaging but mired in delays.
They concern allegations of keeping stacks of secret documents after leaving office and trying to overturn his 2020 election defeat. He denies the claims.