Donald Trump does not have presidential immunity and can be prosecuted in election interference case, US appeals court rules
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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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.
The date is politically significant, as Mr Trump would prefer to delay it until after the US general election in November.
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.
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.
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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.
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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”.
Donald Trump has said he is considering “taking away” the US citizenship of actress and comedian Rosie O’Donnell, despite a Supreme Court ruling that expressly prohibits a government from doing so.
In a post on Truth Social on Saturday, the US president said: “Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship.”
He also labelled O’Donnell, who has moved to Ireland, as a “threat to humanity” and said she should “remain in the wonderful country of Ireland, if they want her”.
O’Donnell responded on Instagram by posting a photograph of Mr Trump with Jeffrey Epstein.
“You are everything that is wrong with America and I’m everything you hate about what’s still right with it,” she wrote in the caption.
“I’m not yours to silence. I never was.”
Rosie O’Donnell moved to Ireland after Donald Trump secured a second term. Pic: AP
O’Donnell moved to Ireland with her 12-year-old son in January after Mr Trump had secured a second term.
She has said she’s in the process of obtaining Irish citizenship based on family lineage and that she would only return to the US “when it is safe for all citizens to have equal rights there in America”.
O’Donnell and the US president have criticised each other publicly for years, in an often-bitter back-and-forth that predates Mr Trump’s move into politics.
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This is just the latest threat by the president to revoke the citizenship of someone he has disagreed with, most recently his former ally Elon Musk.
But the two situations are different as while Musk was born in South Africa, O’Donnell was born in the US and has a constitutional right to American citizenship.
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Amanda Frost, a law professor at the University of Virginia School of Law, said the Supreme Court ruled in a 1967 case that the fourteenth amendment of the constitution prevents the government from taking away citizenship.
“The president has no authority to take away the citizenship of a native-born US citizen,” he added.
“In short, we are nation founded on the principle that the people choose the government; the government cannot choose the people.”
A farmer who fell from a greenhouse roof during an anti-immigrant raid at a licensed cannabis facility in California this week has died of his injuries.
Jaime Alanis, 57, is the first person to die as a result of Donald Trump’s Immigration Compliance and Enforcement (ICE) raids.
His niece, Yesenia Duran, posted on the fundraising site GoFundMe to say her uncle was his family’s only provider and he had been sending his earnings back to his wife and daughter in Mexico.
The United Food Workers said Mr Alanis had worked on the farm for 10 years.
“These violent and cruel federal actions terrorise American communities, disrupt the American food supply chain, threaten lives and separate families,” the union said in a recent statement on X.
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The Department of Homeland Security (DHS) said it executed criminal search warrants at Glass House Farms facilities on Thursday.
Mr Alanis called family to say he was hiding and possibly fleeing agents before he fell around 30ft (9m) from the roof and broke his neck, according to information from family, hospital and government sources.
Agents arrested 200 people suspected of being in the country illegally and identified at least 10 immigrant children on the sites, the DHS said in a statement.
Mr Alanis was not among them, the agency said.
“This man was not in and has not been in CBP (Customs and Border Protection) or ICE custody,” DHS assistant secretary for public affairs Tricia McLaughlin said.
“Although he was not being pursued by law enforcement, this individual climbed up to the roof of a greenhouse and fell 30ft. CBP immediately called a medivac to the scene to get him care as quickly as possible.”
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Four US citizens were arrested during the incident for allegedly “assaulting or resisting officers”, the DHS said, and authorities were offering a $50,000 reward for information leading to the arrest of a person suspected of firing a gun at federal agents.
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In a statement, Glass House, a licensed Cannabis grower, said immigration agents had valid warrants. It said workers were detained and it is helping provide them with legal representation.
“Glass House has never knowingly violated applicable hiring practices and does not and has never employed minors,” it added.
Donald Trump has said he is considering “taking away” the US citizenship of actress and comedian Rosie O’Donnell, despite a Supreme Court ruling that expressly prohibits a government from doing so.
In a post on Truth Social on Saturday, the US president said: “Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship.”
He also labelled O’Donnell, who has moved to Ireland, as a “threat to humanity” and said she should “remain in the wonderful country of Ireland, if they want her”.
O’Donnell responded on Instagram by posting a photograph of Mr Trump with Jeffrey Epstein.
“You are everything that is wrong with America and I’m everything you hate about what’s still right with it,” she wrote in the caption.
“I’m not yours to silence. I never was.”
Rosie O’Donnell moved to Ireland after Donald Trump secured a second term. Pic: AP
O’Donnell moved to Ireland with her 12-year-old son in January after Mr Trump had secured a second term.
She has said she’s in the process of obtaining Irish citizenship based on family lineage and that she would only return to the US “when it is safe for all citizens to have equal rights there in America”.
O’Donnell and the US president have criticised each other publicly for years, in an often-bitter back-and-forth that predates Mr Trump’s move into politics.
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Will Trump address parliament on UK state visit?
This is just the latest threat by the president to revoke the citizenship of someone he has disagreed with, most recently his former ally Elon Musk.
But the two situations are different as while Musk was born in South Africa, O’Donnell was born in the US and has a constitutional right to American citizenship.
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Amanda Frost, a law professor at the University of Virginia School of Law, said the Supreme Court ruled in a 1967 case that the fourteenth amendment of the constitution prevents the government from taking away citizenship.
“The president has no authority to take away the citizenship of a native-born US citizen,” he added.
“In short, we are nation founded on the principle that the people choose the government; the government cannot choose the people.”
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