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Legal experts “worried” DC appeal delay could mean Trump “losing that battle but winning the war”
Legal observers are getting restless awaiting a D.C. Circuit Court of Appeals ruling on former President Donald Trump’s immunity claim in the D.C. election subversion case.
Proceedings in the case have been paused indefinitely for more than 50 days after Trump appealed U.S. District Judge Tanya Chutkan’s ruling rejecting his claim that presidential immunity protects him from prosecution for actions while in office.
A three-judge D.C. Circuit panel heard the appeal three weeks ago but has yet to issue a ruling. Any ruling is expected to be appealed to the Supreme Court.
Even if Trump’s immunity claim is rejected, “the protracted delays help the former president, whose strategy across his various trials has been to drag them out for as long as possible,” Politico’s Kyle Cheney and Josh Gerstein wrote. “Lengthy delays in his federal criminal cases create the possibility that, if he wins the presidency this November, Trump could avoid the charges altogether by having the Justice Department end the prosecutions or perhaps even by pardoning himself.”
Chutkan scheduled the trial for March 4 but suggested that the case is likely to be delayed in a recent order barring special counsel Jack Smith from filing substantive motions in the case until the appeal is resolved. If the D.C. Circuit and then the Supreme Court take additional weeks or months to deliver a final ruling, it could push Trump’s trial to the summer or fall, Politico reported, noting that at that point Trump and his allies would “exert intense pressure” to postpone the trial until after the election.
“The timing of a decision by the panel will indeed be a critical determinant of whether the case can go forward expeditiously,” Daniel Richman, a Columbia University law professor, told Politico.
Richman said Trump’s immunity claim is “outlandish” and is likely to be rejected but “quite a few stars would have to align before the trial can proceed.”
The delay has alarmed some legal experts.
Former federal prosecutor Andrew Weissmann, who served on special counsel Bob Mueller’s team, wrote that he and his podcast co-host Mary McCord, a Georgetown law professor and former DOJ official, are “worried” that the D.C. immunity appeal “could result in Trump losing that battle but winning the war, by avoiding a trial before the election.”
MSNBC legal analyst Lisa Rubin suggested that there may be some disagreement among the three appellate judges about what to do with the case.
“My guess is these three judges have a general agreement between them that Donald Trump should not be immune from prosecution in the federal election interference case,” Rubin said Wednesday. “How they get there, on the other hand, is a different matter. And in the ideal world, all three of them would like to be in total agreement. They’d like to issue what’s called a per curiam agreement, where all three of them get to sign on, but of course, there are many different paths to getting there.”
Judge Karen Henderson, a George H.W. Bush appointee, expressed opposition to taking up the case on an expedited basis and suggested the case could be sent back to the trial court for more analysis of whether Trump’s actions could be considered official acts.
“One judge suggested during an argument that what really matters to her is the allegations against Trump are ones that affect his duties, or that affect him in the campaign capacity, and suggested almost that you really had to parse the indictment,” Rubin explained. “That would be the worst of all worlds, because that can mean sending the case back to Judge Chutkan to determine which aspects of the indictment are worthy of immunity and which are not. And that could even further elongate case beyond the appellate process.
“So I think that’s behind the scenes, the two judges would like to get there, in an easier way more akin to Judge Chutkan, are really putting some pressure on Judge Henderson to try to get on board and see if they could do something unanimously,” she added.
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CNN legal analyst Elliott Williams, a former federal prosecutor, predicted that the judges are likely trying to reach a “unanimous decision.”
“Based on the oral argument they all seem to be in an agreement,” Williams said. “They’ll probably try to get a 3-0 opinion and that’s bulletproof once that goes to the Supreme Court,” he added.
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Iran’s new supreme leader has been selected, says deciding body
The body in charge of selecting a new supreme leader for Iran says it has reached a decision – although the name was not immediately announced.
Israel has warned it would target any figure chosen to replace Ali Khamenei, who was killed in joint US-Israeli strikes on the first day of the war with Iran.
“The most suitable candidate, approved by the majority of the Assembly of Experts, has been determined,” Mohsen Heydari, a member of the selection body, said on Sunday, according to Iran’s ISNA news agency.
Another member, Mohammad Mehdi Mirbagheri, confirmed in a video carried by Iran’s Fars news agency that “a firm opinion reflecting the majority view has been reached”.
Ayatollah Mohsen Heidari Alekasir suggested the figure chosen to succeed the supreme leader would most probably be someone opposed by Washington.
He said the “Great Satan” – Iran’s term for the US – had inadvertently done the assembly “a kind of service” by publicly criticising certain candidates. His remarks appeared to refer to comments by Donald Trump, who said it would be unacceptable for clerics to select Khamenei’s son Mojtaba as successor.
“Someone opposed by the enemy is more likely to benefit Iran and Islam,” Heidari Alekasir said.
The Israeli military warned it would continue pursuing every successor of Iran’s late supreme leader. In a post on X in Farsi, the Israeli military also said it would pursue every person who sought to appoint a successor for Khamenei.
In recent days, Mojtaba Khamenei, 56, emerged as an early frontrunner. His appointment is far from certain as critics would view the move as entrenching a regime accused by rights groups of killing at least 7,000 people in recent months. In addition, a father-to-son succession is also frowned upon within Iran’s Shia clerical establishment, particularly in a republic born from the overthrow of a monarchy in 1979.
Under Iran’s constitution, the 88-member Assembly of Experts is responsible for selecting the country’s supreme leader. Khamenei, who ruled Iran for 37 years, was killed in a US-Israeli strike on Tehran on 28 February.
The clerical meeting to appoint a new leader happened as fighting between Israel and Iran intensified over the weekend. Iranian strikes have hit energy infrastructure across the Gulf and Israeli attacks have targeted oil storage and fuel facilities inside Iran.
A fresh wave of Iranian strikes hit the Gulf on Sunday, with Saudi Arabia, the United Arab Emirates, Qatar, Bahrain and Kuwait all reporting attacks. Saudi Arabia said it intercepted 15 drones, while strikes in Bahrain caused “material damage” to an important desalination plant.
According to reporting by the Washington Post, Fox News, and other US media organisations, Russia has been providing Iran with intelligence that could help it target US military assets in the region. The Guardian is unable to confirm this.
The recent attacks on Gulf states appear to highlight a clash within Iran’s leadership, contradicting remarks made on Saturday by the president, Masoud Pezeshkian, who apologised to countries on the Arabian peninsula and suggested strikes against them would end, provided their airspace and US bases were not used against Iran.
According to analysts, Pezeshkian’s pledge not to strike Gulf states exposed rare public rifts within the ruling elite with Iran’s leadership showing signs of strain, as officials of the regime scrambled to explain and reinterpret the president’s words, which appeared to anger the country’s more conservative factions.
Nonetheless, the Iranian military continued striking the neighbouring countries.
Overnight, US and Israeli strikes hit five oil facilities around Tehran, an Iranian official said, adding that the sites were damaged but the resulting fires were brought under control. Explosions in the capital’s nearby city of Karaj reverberated across the region, and left the area under smoke. Fuel depots on the outskirts of Tehran were set ablaze early on Sunday as US and Israeli forces widened their campaign against Iranian infrastructure.
The news agency Axios reported that the US and Israel had discussed sending special forces into Iran to secure its stockpile of highly enriched uranium at a later stage of the war, according to four sources with knowledge of the discussions.
Throughout the day, Iran launched intermittent barrages of ballistic missiles towards Tel Aviv and central Israel. At least one person was seriously injured after a residential building was hit, according to Magen David Adom, the country’s ambulance service. Most of the missiles were intercepted by Israeli air defences and caused no casualties.
Meanwhile, Israel’s war on multiple fronts continued, with the Israel Defense Forces launching intense strikes on Lebanon, where the Iran-backed armed group Hezbollah is based.
Israel’s assault on Lebanon left four people dead in a hotel blast in Beirut and killed a further 12 in strikes on southern areas of the country. Israel said it was targeting “key commanders” in the Iranian military’s Quds Force.
Lebanon’s health ministry said at least 339 people had been killed in the conflict. The Norwegian Refugee Council said about 300,000 people had fled their homes.
AFP contributed to this report
News
Trump vows to ‘take care of Cuba,’ praises Venezuela cooperation at summit
President Trump signs a proclamation committing to countering cartel criminal activity at the Shield of the Americas Summit.
Rebecca Blackwell/AP
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Rebecca Blackwell/AP
President Trump on Saturday launched the Shield of the Americas Summit – a coalition of Latin American leaders – with a pledge to “take care of Cuba,” as the United States increases its intervention in the region.
“Many of you have come today and they say, ‘I hope you can take care of Cuba.’ Because you have problems with Cuba, right?,” Trump said to the gathering of Latin American leadership.
“I was surprised, but four of you said, actually, ‘Could you do us a favor?’ Take care of Cuba.’ I’ll take care of it, ok?” he continued to applause from the crowd.
Attending the meeting were the leaders of Argentina, Bolivia, Chile, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guyana, Honduras, Panama, Paraguay, and Trinidad and Tobago. The event was hosted at the Trump National Doral Miami golf course in Doral, Florida.
His comments follow tension between Cuba and U.S. and as many Cuban-Americans are hoping for a change in regime for the communist nation.
The Trump administration has eased a blockade of Venezuelan oil, allowing some private sector oil sales to Cuba. The country has been experiencing fuel shortages and blackouts that have left millions without power, according to The Associated Press.
Since the United States’ capture and arrest of Venezuela’s president, Nicolás Maduro, in January, those who wish to see Cuba’s government toppled see Trump’s stance on foreign intervention as a signal that America might similarly help orchestrate the ouster of Cuba’s Miguel Díaz-Canel.
Speaking to the change in Venezuela’s leadership since Maduro’s capture, Trump praised acting-President Delcy Rodríguez for her cooperation with the United States.
“She’s doing a great job because she’s working with us. If she wasn’t working with us, I would not say she’s doing a great job. In fact, she wasn’t working with us, I’d say she’s doing a very poor job, unacceptable, but she’s doing a great job,” Trump said.
He continued that because of U.S. assistance, Venezuela’s economic picture was considerably sunnier because of American oil exports and forthcoming gold and mineral trades.
Trump has hailed the transition from Maduro’s leadership is the model for regime changes.
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Iran warns it will hit US bases across region hours after president’s apology
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