Donald Trump in court: Prosecutor warns of ‘frightening future’ if former president wins case
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.
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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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.
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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He claimed presidents could be prosecuted for giving Congress “false information” to enter war or for allowing drone strikes targeting Americans abroad.
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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.
US
Michael Cohen tells trial he lied and bullied for ex-president and was ‘knee deep’ in Trump ‘cult’
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.
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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.
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.”
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.
Michael Cohen (right) was once a fiercely loyal confidant of the ex-president. Pic: AP
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”.
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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”.
Mr Trump, who denies the charges, faces several other trials. Pic: Reuters
‘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.”
On Monday, the court heard him testify about setting up a shell company to make the $130,000 hush money out of his own money.
Stormy Daniels has also testified in the case. AP/DeeCee Carter/MediaPunch /IPX
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.
US
Eight dead and 40 taken to hospital after bus carrying farm workers involved in Florida collision
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.
A map showing the location of Dunnellon, Florida. Pic: Datawrapper
Debris can be seen around the bus and both of its emergency hatches are open. Pic: AP
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.
“At this point, we are conducting a massive traffic homicide investigation,” he said.
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Fire engines and more than 30 ambulances attended the crash site. Pic: AP
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 bus was transporting 53 people when the crash took place. Pic: AP
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.
US
Donald Trump ‘not thinking about Melania’ when he paid off Stormy Daniels, says ex-lawyer Michael Cohen
Donald Trump “wasn’t thinking about (his wife) Melania” when he paid off a former porn star, his former lawyer has testified.
Michael Cohen told a court Mr Trump personally approved $130,000 in hush money to Stormy Daniels over an alleged 2006 sexual encounter.
The payout isn’t illegal, but Mr Trump is accused of falsifying records to hide it – a claim he denies.
On Monday, his trial in New York heard from Mr Cohen, once a lawyer and self-described “fixer” for the ex-president.
Mr Trump’s lawyers have painted the hush money as an attempt to protect his wife from rumours and upset.
Michael Cohen has himself been jailed over the payment to Daniels. Pic: Reuters
However, Mr Cohen said his boss was purely concerned with keeping the claims quiet as he ran for the presidency.
“He wasn’t thinking about Melania. This was all about the campaign,” he said, prompting Mr Trump to shake his head in response.
Mr Cohen told the court he’d heard Stormy Daniels was considering selling her story and he told his boss swift action was required.
Mr Trump denies the affair and his lawyers say Mr Cohen acted on his own – a claim he denied in court.
He told jurors in Manhattan that “everything required Mr Trump’s sign-off” and he was ordered to “just do it”.
Mr Cohen said he stumped up the $130,000 himself after Mr Trump told him he would pay him back.
He said he set up a shell company – listed as a “real estate consulting company” – to make the payment.
Stormy Daniels, pictured in January. Pic: AP
Prosecutors say Mr 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.
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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.
Stormy Daniels, pictured in January. Pic: AP
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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.
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