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Donald Trump is determined to avoid accountability before the general election, and, so far, the U.S. Supreme Court is helping him.

Trump has no legal ground whatsoever to delay a ruling in his plea for presidential immunity. The reason Trump has nevertheless sought to slow down the immunity appeals process is obvious: to postpone the trial date, hopefully pushing it into a time when, as president, he would control the Department of Justice and thus could squash the prosecution altogether. The Supreme Court has shamed itself by being a party to this, when the sole issue before the Court is presidential immunity. By contrast, Special Counsel Jack Smith has both law and policy on his side in seeking a prompt determination on immunity and a speedy trial soon thereafter. Yet the Court has ignored all that.

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The Supreme Courts lollygagging is reflected in its scheduling the immunity case for a leisurely April 25 hearing. Its too late to do anything about that now, but the Court has an opportunity to correct course following oral argument. The justices should press Trumps counsel on what possible legitimate reason he has to oppose a speedy resolution of the appeal. And then they should rule with dispatch because there is still time, albeit barely, to vindicate the publics right to a speedy trial.

Lets recap how we arrived at the present moment. After Judge Tanya Chutkan ruled against Trumps claim of presidential immunity on December 1 and Trump appealed that ruling to the D.C. Circuit, Smith asked the Supreme Court to hear the appeal immediately, leapfrogging the delay of the circuit-level argument and decision. Trump opposed that, and the Supreme Court declined Smiths invitation. The circuit court expedited its appeal and on February 6 issued its decision, again rejecting Trumps immunity argument in toto. Trump then sought a stay in the Supreme Court, and advocated various measures to slow the Courts hearing of the case. The Supreme Court then deliberated for a couple of weeks before accepting the case for review, and not scheduling the argument until two months lateron the very last day of oral arguments for this session.

Were he not seeking to avoid any trial in advance of the general election so he could maximize the chances of becoming the next president of the United States, Trump would have an interest in a speedy resolution of the immunity question, in contrast to the foot-dragging positions he has advocated throughout the litigation of this issue. Anyone with a legitimate claim of immunity has every interest in not suffering a single day more under the opprobrium of multiple criminal charges, not to mention being under pretrial bail conditions and a gag order. (Trumps lawyers have argued against his existing gag order, saying it sweeps so broadly as to undermine their clients ability to campaign for the presidency.)

The law itself recognizes the need for speed on this issue. With questions of immunity, courts permit an appeal in advance of a trial and forgo the usual rule that appeals are permitted only after a verdict is reached. The hope, in allowing for this, is to relieve someone from the opprobrium and burden of a trial, if the defendant is indeed immune. For the Court to set such a prolonged scheduleantithetical to the appropriate time frame for the only issue actually before the justicesspeaks volumes about the role the Court has chosen to play in advancing the interests of the former president over the rule of law.

The government has its own interests in seeking a prompt resolution of the immunity issue and a speedy criminal trial (and it has the same interest as a defendant in not subjecting someone to criminal charges who is immune from prosecution). But before delving into the governments interests, lets first dispense with a red herring: Special Counsel Smith is not disputing that Trump should be accorded sufficient time to prepare for trial. An inviolable constitutional safeguard is that all criminal defendants must be able to exercise their procedural rights to prepare. Judge Chutkan already weighed the parties competing claims. Her decision on a trial date fell well within the mark for similar cases, and that ruling is not on appeal (despite the Supreme Courts behaving as if it were).

The district judges selected timeline (seven months from the August 1 indictment), in a case whose facts and substantial evidence were already available to the defendant, was longer than deadlines set all around the country. By way of comparison, next door in the more conservative Virginia district, defendants routinely go to trial at great speed, without conservative commentators going to the barricades over alleged violations of the rights of the accused. That Trump is a rich, white, and politically powerful man does not mean he should be accorded more (or fewer) rights than others. And Chutkan has said that when the case returns to her, she will give Trump more time to prepare.

David A. Graham: Judge Chutkans impossible choice

With Trumps rights intact, then, Smith has several legitimate grounds for the immunity appeal to be decided expeditiously and a trial to start as promptly as possible. DOJ internal policy prohibits taking action in a case for the purpose of choosing sides in or affecting the outcome of an election. That is unquestionable and not in dispute here. Rather, the point is that well-established neutral criminal-justice principles support a speedy trial. This trials outcome, of course, is not known in advance, and it may lead some voters to think better or worse of the defendant and the current presidential administration depending on the evidence and the outcome.

Moreover, the public has a profound interest in a fair and speedy trial. As Justice Samuel Alito wrote for a unanimous Supreme Court, the Speedy Trial Act was designed not just to benefit defendants but also to serve the public interest. The refrain that justice too long delayed is justice denied has unmistakable resonance in this criminal context. The special counsels briefs in the D.C. case are replete with references to this well-settled case law. This means that even when the accused is seeking to delay his day in court, that does not alter the prosecutors obligation to see to it that the case is brought on for trial, as the Supreme Court has well articulated. Many defendants seek to avoid the day of reckoninghence Edward Bennett Williamss famous quip that for the defense, an adjournment is equivalent to an acquittal. The law provides that the public, the prosecution, and most emphatically the courts need not oblige that stratagem.

Whats more, when a defendant seeks to postpone a trial until a point at which he can no longer be prosecuted, the Justice Department may request the trial be held before that deadline. The DOJs interest in deterrence and accountability warrants this action. If Trump should win the election, he will become immune as president from criminal trial for at least four years (and perhaps forever by seeking dismissal of the federal case with prejudice or testing the efficacy of granting himself a pardon). The Justice Department can accordingly uphold the public interest in deterrence and accountability by seeking the prompt conviction of the leader of an insurrection. This DOJ need not advance the goals of a future administration led by that very oathbreaking insurrectionist.

Another objective of criminal punishment is specific deterrence, ensuring the defendant herself does not commit offenses in the future. Given the grand jurys determination that Trump committed felonies to try to interfere with the 2020 election, there are strong law-enforcement reasons to obtain a conviction to specifically deter Trump. Indeed, in proposing a trial date to Judge Chutkan, Smith quoted Justice Alito, on behalf of the whole Court, that speedy trials serve the public interest by preventing extended pretrial delay from impairing the deterrent effect of punishment.

Trumps public denigration of the legal systemthe incssant claims that the criminal case is a witch huntalso gives a nation committed to the rule of law a vital interest in holding a public trial where a jury can assess Trumps actions. Trials can thus serve to restore faith in the justice system.

It is worth noting that when the government seeks its day in court, it simultaneously affords the defendant his day in courtproviding him more process, not less. Indeed, the Department of Justices so-called 60-day rulewhich generally forbids it from taking overt actions in non-public cases with respect to political candidates and closely related people right before an electionis there to avoid a federal prosecutor hurling untested new allegations against a political candidate precisely because he would not have time to clear his reputation before the election. Here, the government is seeking to provide just that forum for Trump to clear his name before the electionto test the criminal allegations against the highest legal standard we have for adjudicating factsand yet right-wing critics attack Smith. Trump of course wants to avoid that test, but that is an interest the courts should abjure.

The justices still have time to get back on track. Trumps claim that presidents have absolute immunity should be an easy issue to resolve given these criminal charges. Whether a president should have criminal immunity in some specific circumstances is an abstract question for another day, because efforts to stay in office and use the levers of the presidency are certainly not those specific circumstances. The appeals have delayed matters long enough at the expense of the right of the American people to a fair and speedy trial. Let them not stand in the way of ever having a trial at all.

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Be bold with tax hikes or risk ‘groundhog day’, chancellor told as limited growth recorded

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Be bold with tax hikes or risk 'groundhog day', chancellor told as limited growth recorded

Rachel Reeves faces the prospect of another “groundhog day” unless next month’s budget goes further than plugging an estimated £22bn black hole in the public finances, according to a respected thinktank.

It comes as latest official figures showed the UK economy grew 0.3% in the three months to August, limited growth, despite the Treasury saying it is the fastest growth in the G7.

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The Institute for Fiscal Studies (IFS) said there was a “strong case” for the chancellor to substantially increase the £10bn headroom she has previously given herself against her own debt rules, or risk further repeats of needing to restore the buffer in the years ahead.

It said Ms Reeves could bring the cost of servicing government debt down through ending constant chatter over the limited breathing space she has previously given herself, in uncertain times for the global economy.

The chancellor herself used an interview with Sky News this week to admit tax rises were being considered, and appeared to concede she was trapped in a “doom loom” of annual increases.

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Tax hikes possible, Reeves tells Sky News

What is the chancellor facing?

Speculation over the likely contents of the budget has been rife for months and intensified after U-turns by the government on planned welfare reforms and on winter fuel payments.

The Office for Budget Responsibility’s determination on the size of the black hole facing Ms Reeves could come in well above or below the IFS estimate of £22bn, which includes the restoration of the £10bn headroom but not the cost of any possible policy announcements such as the scrapping of the two-child benefit cap.

Economists broadly agree tax rises are inevitable, as borrowing more would be prohibitive given the bond market’s concerns about the UK’s fiscal position.

Long-term borrowing costs have recently stood at levels not seen since the last century.

What are her tax options?

While there has been talk of new levies on bank profits and the wealthy, to name but a few rumours, the IFS analysis suggests the best way to raise the bulk of sufficient funds is by hiking income tax, rather than making the tax system even more complicated.

Earlier this week, it suggested reforms, such as to property taxes, could raise tens of billions of pounds.

But any move on income tax would mean breaking Labour’s manifesto pledge not to target the three main sources of revenue from income, employee national insurance contributions and VAT.

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Is Labour plotting a ‘wealth tax’?

She is particularly unlikely to raise VAT, as it would risk fanning the flames of inflation, already expected by the International Monetary Fund to run at the highest rate across the G7 this year and next.

Business argues it should be spared.

The chancellor’s first budget, which raised taxes by £40bn, has been blamed by the sector for raising costs in the economy since April via higher minimum pay and employer national insurance contributions.

They say the measures have dragged on employment, investment, and growth.

Read more:
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The big issues facing the UK economy

‘A situation of her own making’

Analysis by Barclays, revealed within the IFS’s Green Budget, suggested inflation was on course to return to target by the middle of next year but that the UK’s jobless rate could top 5% from its current 4.8% level.

Ms Reeves, who has blamed the challenges she faces on past austerity, Brexit and a continuing drag from the mini-budget of the Liz Truss government in 2022, was urged by the IFS to not harm growth through budget measures.

IFS director Helen Miller said: “Last autumn, the chancellor confidently pronounced she wouldn’t be coming back with more tax rises; she almost certainly will.

“For Rachel Reeves, the budget will feel like groundhog day. This is, to a large extent, a situation of her own making.

“When choosing to operate her fiscal rules with such teeny tiny headroom, Ms Reeves would have known that run-of-the-mill forecast changes could easily blow her off course.”

Ms Miller said there was a “strong case for the chancellor to build more headroom against her fiscal rules”, adding: “Persistent uncertainty is damaging to the economic outlook.”

‘No return to austerity’

A Treasury spokesperson responded: “We won’t comment on speculation. The chancellor’s non-negotiable fiscal rules provide the stability needed to help to keep interest rates low while also prioritising investment to support long-term growth.

“We were the fastest-growing economy in the G7 in the first half of the year, but for too many people our economy feels stuck. They are working day in, day out without getting ahead.

“That needs to change, and that is why the chancellor will continue to relentlessly cut red tape, reform outdated planning rules, and invest in public infrastructure to boost growth – not return to austerity or decline.”

The budget is scheduled for 26 November.

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Widow who helped husband ‘die with dignity’ won’t face charges

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Widow who helped husband 'die with dignity' won't face charges

A woman who accompanied her husband as he took his own life at the Dignitas clinic in Switzerland has been told by police she will not face criminal charges.

Louise Shackleton had been under investigation for assisted suicide since handing herself in to police after her husband Anthony’s death in December.

The 59-year-old had been battling motor neurone disease for years and Mrs Shackleton said they had discussed at length his decision to end his life.

Louise Shackleton and her husband Anthony
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Louise Shackleton and her husband Anthony

In April, she told Sky News she accepted she had committed a crime but had no regrets over supporting her husband.

But North Yorkshire Police has now confirmed she will face no action.

In a statement the force said: “This has clearly been a complex and sensitive investigation which has required detailed examination by the Crown Prosecution Service.

“Whilst they concluded the evidential test had been met regarding assisted suicide, it was decided not to be in the public interest to prosecute.

“Our thoughts remain with Mr Shackleton’s family.”

‘We’re treated like criminals’

Mrs Shackleton told Sky News she was not surprised by the decision but was critical of the time it had taken.

“In reality, I didn’t commit a crime,” she said.

“The reality is I enabled my husband to get to a place he wanted to be, and to do what he wanted to do.

“I knew nothing would come of it because there was no coercion.

“I could have stopped him, but why would I do that? Why would I stop his will? He died like he lived, with dignity.

“The regret I have is other people are going to have to make this journey and be left in limbo like I’ve been left in.

“People shouldn’t have to go through this.

“In the darkest days of our lives, we’re treated like criminals and that is just unfair.”

Anthony left a final letter for his wife on his laptop
Image:
Anthony left a final letter for his wife on his laptop

Mrs Shackleton said she was sad her husband could not choose to die surrounded by his family in his own home.

She added: “It makes me dreadfully sad, and my heart aches that at least one person a week, just from England, is having to make that journey and their loved ones, in the deepest darkest part of their lives, are going to have to go through a police investigation.”

It has been legal to help someone die in Switzerland since 1942 – provided the motive is not “selfish”.

The country’s Dignitas group has become well-known as it allows non-Swiss people to use its clinics.

Will UK legalise assisted dying?

Mrs Shackleton has become a vocal supporter of legislation going through parliament to legalise assisted dying.

It would permit a person who is terminally ill and with less than six months to live to legally end their life.

The law in the UK currently prohibits people from assisting in the suicide of others, but prosecutions are rare.

Opponents to the assisted dying bill have raised concerns about the safety of vulnerable people and the risk of coercion and a change in attitudes toward the elderly, seriously ill and disabled.

Read more:
What does assisted dying look like?

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For and against assisted dying

Mrs Shackleton chose to speak out publicly to honour a promise made to her husband to push for people to have choice, and believes he would be proud of her campaigning.

“People should have the right to a choice,” she said.

“I know people will say they don’t agree with that, that’s absolutely fine, I respect that, but because you don’t want something doesn’t mean you should stop someone else doing it.”

A final farewell

During the police investigation, she avoided opening her husband’s laptop in case it would have been needed as evidence. Since the investigation has been closed, she has opened that laptop and found the last letter her husband wrote to her.

“For nearly 10 months I’d been denied that letter, a letter that could have helped a lot,” she said.

“And I was denied it, and that’s wrong.”

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Thousands sue Johnson & Johnson in UK over cancer claims

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Thousands sue Johnson & Johnson in UK over cancer claims

Johnson & Johnson (J&J) is facing legal action from thousands of people in the UK who are accusing the global healthcare giant of knowingly selling talcum powder contaminated with asbestos.

More than 3,000 people allege they or a family member developed forms of ovarian cancer or mesothelioma from using Johnson’s baby powder between 1965 and 2023.

A lawsuit has been filed by KP Law at the High Court in London seeking damages against J&J and Kenvue UK, which was split from the former in 2023 and now operates as a separate business.

The lawsuit alleges J&J’s product was contaminated with carcinogenic fibres, including asbestos, and the firm concealed the risk to the public for decades.

J&J stopped selling talc-based baby powder in the US in 2020, switching to a cornstarch product. It did the same globally in 2023.

Kenvue said in a statement that J&J baby powder “did not contain asbestos, and does not cause cancer”.

J&J is separately facing tens of thousands of lawsuits in America, where claimants allege they were diagnosed with cancer after using baby powder and other talc products.

Last week, J&J was ordered to pay $966m (£720m) to the family of a woman who died from mesothelioma, one of the largest awards against the firm, although the amount could be reduced on appeal.

Damages awarded by UK courts are generally more restricted.

What is the legal claim being made?

Talc is a naturally occurring mineral which is mined. But Michael Rawlinson KC, who is representing the claimants, said in court documents that “there exist very few, if any, commercially exploited talc deposits in the world which do not contain asbestos”.

He also alleged that reports from such mines, J&J’s own research, and existing scientific literature would all have informed J&J about asbestos contamination.

Despite this, Mr Rawlinson claimed the company “suppressed information that might indicate that baby powder was contaminated with asbestos”, “lobbied regulators” to enable the continued sale of its product, and sponsored studies to “downplay the dangers” to human health.

Read more from Sky News:
J&J agrees to pay $8.9bn
Talcum powder lawsuit approved

‘We were told talc was good for you’

Janet Fuschillo, one of the claimants, was diagnosed with ovarian cancer seven years ago.

The 75-year-old said she used J&J’s baby powder since the 1960s: “I used talc on myself and all four of my children because we were told it was pure, and it was good for you.”

Patricia Angell said her husband Edward died in 2006, aged 64, a few weeks after being diagnosed with mesothelioma.

“He would come home from work and shower every day and use J&J’s talc,” she said.

“Talc was mentioned on Edward’s autopsy report, along with asbestos strains found in contaminated talc.”

Mesothelioma, a form of cancer, is almost always caused by asbestos exposure, according to the NHS, and it commonly forms in the lungs after people inhale the microscopic fibres.

Baby powder ‘does not cause cancer’

A Kenvue spokesperson said: “We sympathise deeply with people living with cancer.

“We understand that they and their families want answers – that’s why the facts are so important.

“The safety of Johnson’s baby powder is backed by years of testing by independent and leading laboratories, universities and health authorities in the UK and around the world.

“The high-quality cosmetic grade talc that was used in Johnson’s baby powder was compliant with any required regulatory standards, did not contain asbestos, and does not cause cancer.”

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