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How the Supreme Court's immunity decision affects Trump's legal cases

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How the Supreme Court's immunity decision affects Trump's legal cases

The U.S. Supreme Court ruled in a landmark decision that presidents have absolute immunity for their core constitutional powers.

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The U.S. Supreme Court ruled in a landmark decision that presidents have absolute immunity for their core constitutional powers.

The U.S. Supreme Court ruled in a landmark decision that presidents have absolute immunity for their core constitutional powers.

Mandel Ngan/AFP/Getty Images

In a landmark decision, the Supreme Court found presidents have absolute immunity for exercising their core constitutional powers and are entitled to a presumption of immunity for other official acts. The court also ruled that presidents do not have immunity for unofficial acts.

Former Deputy Assistant Attorney General Harry Litman said he was “horrified” by the opinion and added “It seems to me to restructure and reconfigure the whole relationship between the executive branch and the other branches.”

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The team at NPR’s Trump’s Trials podcast broke down what this decision means and how it may affect Trump’s legal cases.

Former U.S. President Donald Trump with attorneys Todd Blanche, left, and Emil Bove attends his criminal trial at Manhattan Criminal Court on May 29, 2024 in New York City.

Former President Donald Trump with attorneys Todd Blanche and Emil Bove attends his criminal trial at Manhattan Criminal Court on May 29, 2024, in New York.

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1. Core constitutional powers

The Supreme Court found that presidents have absolute immunity for “core constitutional powers.” This references certain powers given to the president in Article II of the Constitution, which includes being the commander in chief of the military, the ability to pardon individuals and appointing ambassadors and judges to the Supreme Court.

This means that even if the president does something that is considered illegal while exercising those core powers, he or she cannot be prosecuted for that action.

2. Official acts and presumption of immunity

The court also ruled that Trump “is entitled to at least presumptive immunity from prosecution for all his official acts.”

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What is an official act? It’s the parts of the president’s job that don’t fall under Article II, like holding press conferences or speaking with foreign leaders.

Then there’s the presumption of immunity. The court is basically saying the president deserves the benefit of the doubt when it comes to immunity for official acts and, therefore, the bar is really high to prove otherwise. Litman said the path to overcome the presumption of immunity is unknown “because [the court] gave such sketchy guidance.”

What is known is that if an action is deemed “official,” DOJ special counsel Jack Smith, who is leading the cases against Trump over federal election interference and classified documents, will have to prove that prosecuting said conduct does not infringe on the “authority and functions of the executive branch.”

3. Unofficial acts

The court did say there are actions that can be prosecuted, they just have to be unrelated to the president’s official duties. This likely won’t be a cut-and-dried situation when it comes to parsing out which of Trump’s actions were official or unofficial. To make matters more complicated, Litman explained:

“One big problem here is the court has said when you’re deciding — even if it’s an unofficial act — you cannot take into account any evidence of conduct that would be an official act.”

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Meaning that even if the act is deemed unofficial and therefore open for prosecution, Smith will not be allowed to use certain evidence if that evidence is of an official nature. The court also ruled, “courts may not inquire into the President’s motives,” so the reasoning behind any potential criminal act conducted by a president doesn’t matter and cannot be presented in a trial.

“Even things that seem very clearly unofficial could be hard to prove that they are and could always give rise to an argument that they are [official],” Litman said.

4. How this applies to Trump’s legal cases

The court’s decision is a legal win for Trump. It further delays his federal election interference case, ensuring it will not go to trial this year. It also complicates the work of prosecutors in D.C., Florida and Georgia who are working on the other pending criminal cases he is facing. They will have to go through their cases and determine whether Trump does or does not have immunity related to 54 criminal counts he faces in the three remaining cases.

“For Jack Smith’s two cases [federal election interference and classified documents case], they’re hurting, but not certainly dead,” said Litman.

This decision is also impacting Trump’s conviction in the New York hush money case. Trump was scheduled to be sentenced on July 11 after being found guilty on 34 criminal charges. But that sentencing is now delayed until Sept. 18 at the earliest.

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The bulk of the criminal actions in the hush money case did take place before Trump was president, but Litman, who attended parts of the trial, said some of the evidence against Trump is from actions after he became president. Trump’s defense team can now potentially argue that evidence should be thrown out because of the court’s ruling.

“I don’t think Judge [Juan] Merchan will credit those arguments enough to say there should be a new trial,” Litman said, speaking of the judge in that case.

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Trump holds rally with Elon Musk at site of assassination attempt

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Trump holds rally with Elon Musk at site of assassination attempt

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Donald Trump was joined on stage by billionaire backer Elon Musk for a rally in the Pennsylvania town where he survived an assassination attempt, as the neck-and-neck US election campaign heads into its final month.

Musk, the Tesla founder who has donated to a super Pac associated with the Republican campaign, leapt on to the stage to urge voters to support Trump, repeating the candidate’s claim that the November vote was the “most important election of our lifetime”.

“The true test of someone’s character is how they behave under fire and we had one president who couldn’t climb a flight of stairs, and another who was fist-pumping after getting shot: ‘Fight, fight, fight’,” said Musk, in his first appearance alongside the former president.

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Musk claimed the Democrats were a threat to the American constitution, adding that if Trump did not win it would be the “last election”.

He said the Democrats wanted “to take away your freedom of speech, they want to take away your right to bear arms, they want to take away your right to vote, effectively.”

In an hour and half-long speech, Trump said that his return to Butler, where a shot from a would-be assassin almost killed him, showed that the gunman “did not break our spirit”.

“I return to Butler in the aftermath of tragedy and heartache to deliver a simple message to the people of Pennsylvania and to the people of America — our movement to make America great again stands stronger, prouder, more united, more determined and nearer to victory than ever before,” said Trump.

But since his first appearance in Butler, vice-president Kamala Harris has replaced Biden and the polls have narrowed. Harris leads Trump in the popular vote and the races in the seven swing states are practically a dead heat, according to an FT analysis of FiveThirtyEight polling data. Pennsylvania is the closest of all races, with Harris leading Trump by just an average of 0.6 percentage points.

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“Over the past eight years, those who want to stop us from achieving this future have slandered me, impeached me, indicted me, tried to throw me off the ballot, and, who knows, maybe even tried to kill me,” Trump told the crowd. “But I’ve never stopped fighting for you, and I never will.”

Tens of thousands of supporters, many of whom had been present at the July event, in which a Trump supporter was killed and two others were injured, gathered in Butler from the morning of the rally. They chanted “Fight, fight, fight” — the words proclaimed on stage by Trump in the moments after the shooting.

In front of the firefighter’s uniform belonging to Corey Comperatore, the supporter who was killed that day, Trump deployed his typical rhetoric, making overblown claims about immigration and crime rates, promising to allow fracking, a key industry in Pennsylvania, and repeating false assertions that the 2020 election was stolen. Comperatore’s family, Trump’s running mate JD Vance, and hedge fund billionaire John Paulson also attended the rally.

Trump also deployed his newest attack line against Harris — that she had bungled the response to tropical storm Helene.

Helene was a “Katrina for them”, he said, adding that “they say it’s the worst job ever done in helping people through the ravages of a hurricane” and falsely claiming that the only help the administration was offering those affected was a $750 emergency payment.

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The candidates have been criss-crossing the country as the election race reaches its apogee. On Saturday, Harris visited North Carolina for an update on recovery efforts for tropical storm Helene, which has devastated the south-east of the US, leaving at least 223 dead at the latest count.

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Hollywood declares state of emergency due to flooding ahead of heavy rain and Tropical Storm Milton

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Hollywood declares state of emergency due to flooding ahead of heavy rain and Tropical Storm Milton

Hollywood declares state of emergency ahead of heavy rain

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Hollywood declares state of emergency ahead of heavy rain

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FORT LAUDERDALE — As South Florida expects periods of heavy rain on Sunday and Tropical Storm Milton strengthens, some areas are already seeing flooding, especially Broward County.

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The City of Hollywood has declared a state of emergency ahead of Sunday’s conditions and people are bracing for severe weather. With more rain and Milton heading toward Florida, people are nervous.

On Saturday morning, CBS News Miami saw Hollywood residents waking up to floodwaters and trying to navigate through it. Hollywood Police announced street closures due to the weather, mainly in the area of Sheridan Street.

With morning rain causing the flooding, residents are worried about the coming days.

“I live completely on the other end and I tried in that way and I couldn’t, so I’m hoping it dissipates so I can at least get home,” said Debbie Andersen.

“I already got all my stuff ready to go,” added Michael Sloan. “I got sandbags in a little wagon ready — waiting to be pulled in the place. I got my wall units already, [and] screws put in place. So, all I got to do is put them up and I’m sealed.”

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The police is urging people driving in these conditions to slow down, stay focused and increase the distance between themselves and the car in front of them.

🚨 **Weather Alert: Stay Safe, Hollywood!** 🌧️

We’re expecting some heavy rain in the coming days. Please be extra…

Posted by Hollywood Police Department on Saturday, October 5, 2024

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Lebanon says 50 medics killed in past three days as Israel extends its bombardment

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Lebanon says 50 medics killed in past three days as Israel extends its bombardment

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Lebanese authorities said Israel’s bombardment had killed 50 health workers in the past three days as Israeli fighter jets continued to launch strikes across the Arab state.

The Israeli military said on Saturday its forces had struck a mosque in southern Lebanon adjacent to a hospital, which it said was being used by Hizbollah fighters as a command centre, while its forces battled the militant group’s fighters in the border region.

A Hizbollah-affiliated hospital in southern Lebanon, The Martyr Salah Ghandour, said it was hit by a strike shortly after the Israeli military issued orders that it be evacuated, according to a statement on Lebanon’s state news agency on Saturday. It said nine staff were injured in the attack on Friday in the town of Bint Jbeil.

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A spokesperson from the Lebanese health ministry told the Financial Times on Saturday that 50 medics had been killed in the past 72 hours.

Tedros Adhanom Ghebreyesus, WHO’s director-general, said that the capacity of Lebanon’s health system was deteriorating and that the UN agency’s “medical supplies cannot be delivered due to the almost complete closure of Beirut’s airport”.

“WHO calls on urgent facilitation of flights to deliver health supplies to Lebanon. Lives depend on it!” he said on X.

Israel has issued multiple evacuation orders in recent days, warning people in towns and villages across the south to move north. It has given similar orders during its war against Hamas in Gaza ahead of big offensives.

Iranian-backed Hizbollah said there were clashes with Israeli troops around the Lebanese border town of Odeisseh. The official Lebanese news agency reported shelling of Odeisseh and three other southern villages.

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Israel has intensified its assault against Hizbollah over the past two weeks as it has shifted its focus from Gaza to the northern front. It has killed Hizbollah leader Hassan Nasrallah, launched air strikes across Lebanon and sent troops into Lebanon’s south for the first time in almost two decades.

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The escalation has heightened fears about all-out war in the Middle East. The region is bracing for Prime Minister Benjamin Netanyahu’s response to an Iranian missile barrage fired at Israel on Tuesday.

Tehran said the missile attack was in response to the assassination of Nasrallah and the killing of Hamas’s political leader Ismail Haniyeh in Tehran in July.

Israel struck the southern suburbs of Beirut on Saturday afternoon targeting the Borj al-Barajna Palestinian refugee camp with four missiles, according to the Lebanese state news agency. Hizbollah said Israel bombed a convention centre in the southern neighbourhood of Dahiyeh overnight. The group used the complex to host events.

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Almost 2,000 people have been killed in Israel’s bombardment of Lebanon in the past year, according Lebanese authorities, after Hizbollah started firing missiles at Israel in support of Hamas in Gaza. The majority were killed in the past two weeks, Lebanon’s health minister said.

More than 1.2mn people have been displaced, triggering one of the worst crises for the country in decades.

Abbas Araghchi, Iran’s foreign minister, met Syrian President Bashar al-Assad in Damascus on Saturday, a day after visiting Beirut.

Israel “speaks no other language than war and coercion and continues its crimes in Beirut, southern Lebanon and Gaza on a daily basis,” Araghchi said. He added that he would continue discussions on ceasefire initiatives in Lebanon and Gaza with Syrian officials.

This week there have been indications that Israel has expanded its offensive to include Hizbollah’s civil infrastructure, while also targeting the group’s leaders.

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The movement is Lebanon’s dominant political force and has a huge network of social programmes and business interests. On Thursday, Israel struck a Hizbollah-linked medical facility in the heart of Beirut, killing at least nine people, including health workers, as well as a building used by the group’s media relations team in the southern suburbs.

The strike on a Palestinian refugee camp in the northern city of Tripoli killed Saeed Atallah Ali, a commander of its Qassam Brigades and his family in the early hours of Saturday, Hamas said. A second Hamas leader, Mohammed Hussein al-Louise, was killed in an air raid in the Bekaa Valley.

In northern Israel, air raid sirens sounded as Hizbollah launched rocket barrages. The Israel Defense Forces said the militant group shot 222 projectiles at Israel on Friday.

It said it had killed 250 Hizbollah fighters, including four battalion commanders, since the start of the ground offensive in Lebanon this week.

Nine Israeli soldiers have been killed in clashes with Hizbollah in southern Lebanon as the fighting intensified.

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Joe Biden has urged Israel to make a “proportional” response to Iran’s missile strikes, and to avoid targeting Iranian nuclear sites or oil infrastructure. But the president has also made it clear that the US supported Israel’s military riposte.

“The Israelis have every right to respond to the vicious attacks on them, not just on the Iranians but on everyone from Hizbollah to the Houthis,” Biden said.

Additional reporting by Bita Ghaffari in Tehran

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