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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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The red state, blue state divide is real. But it’s driven by more than just politics

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The red state, blue state divide is real. But it’s driven by more than just politics

Illustration by Annelise Capossela for NPR

Three years ago, Jessa Davis had an epiphany: After she came out as a trans woman, remaining in deep-red Texas felt untenable. So, she sold her house in Odessa and moved to the liberal bastion of Seattle, Wash.

Davis describes herself as a trans refugee. Back in Texas, she says, lived in a “pretty hostile and frankly dangerous” place. “I had a lot of close calls, a lot of threats.”

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Davis volunteered with organizations advocating for trans and queer rights in Odessa and remembers thinking, “I’ve got one life and I don’t want to spend the next 20 years of [it] fighting a battle that I’m not sure we’re going to win in a place like Texas.”

Her fight for LGBTQ rights continues, but it feels more manageable in a city she views as welcoming and supportive. After arriving, Davis quickly became active in local issues and now serves as co-chair on a commission advising the city on LGBTQ issues. She and other commissioners have urged Seattle to declare a state of emergency to provide more resources for the growing number of people relocating there to escape anti-LGBTQ laws and hostile social climates elsewhere in the country.

Jenna Davis in Seattle in a photo taken last month.

Jenna Davis in Seattle in a photo taken last month.

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Davis’ case reflects what sociologists call “ideological sorting” — the tendency to choose communities aligned with one’s political and cultural values. Popularized in the 2008 book The Big Sort, it sets out to explain the widening divide between red and blue America.

In a country that’s growing ever-more polarized, the shifting demographics cut in both directions — and it is happening across the country. In one study from 2022, researchers concluded that “at no point since the Civil War have partisans been as clustered within individual states as today.”

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Research in recent years, however, suggests that the story is more complex and nuanced — and that simply seeking out like-minded neighbors is more often than not just one factor among several driving the shift.

From blue state to red

As Davis and others arrive in Seattle seeking refuge from hostile laws and rhetoric, some of Seattle’s longtime residents, like Kirby Wilbur, have moved out, fleeing to conservative enclaves.

Wilbur also describes himself as a “refugee.” He relates an experience that is a virtual mirror image of Davis’. In Seattle, the local conservative talk show host — who also briefly served as Washington state Republican chair — felt like a stranger in a strange land.

As he neared retirement, he and his wife Trina began thinking about an escape plan. A friend told them about McKinney, Texas, a conservative Dallas-Fort Worth suburb. Wilbur had never heard of McKinney, but decided to have a look.

Kirby Wilbur, with wife Trina, in a photo taken last year.

Kirby Wilbur, with wife Trina, in a photo taken last year.

Courtesy of Kirby Wilbur

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Courtesy of Kirby Wilbur

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“There were like 3,000 square foot homes with a pool for $300,000,” he says.

In Texas, Wilbur met with Paul Chabot in 2020, who runs a specialty realty service, Conservative Move. Started in 2017, the company has helped thousands of people relocate from blue states to red states, Chabot says.

But the Wilburs still weren’t ready. Then came the 2020 George Floyd protests in Seattle. Kirby Wilbur says after the mobs, looting and vandalism, he and Trina had their own epiphany. “We looked at each other and said, ‘No, we can’t live this way. This is it.’”

Chabot, a retired U.S. Navy commander, says Wilbur — who has since become a part-time realtor with Conservative Move — is like most of his clients, who “feel like they can’t talk politics with people on their street.”

Conservative Move assists a lot of families with children who say they want a better quality of life for their kids — things like lower crime, stronger schools and lower taxes, according to Chabot. They also want to be somewhere they don’t feel judged for their political beliefs, he says.

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“It’s not like people are leaving just because they hate Democrats. They don’t like Democrat policies, but they really feel like they’re alone, alienated, ostracized,” he says.

Chabot’s counterpart on the left is Bob McCranie. In 2020, McCranie started a web page called Flee Texas. “Very quickly… it got overwhelmed by people from all sorts of other places saying, ‘Oh my gosh, talk to me,’” he says.

As a result, he broadened the reach a few years later, launching Flee Red States. Since then, he says he has 40 closings related to the project and more than 875 people on a mailing list. He says he’s even helped people move out of the country.

McCranie says for some of his clients, the stakes are much higher than simply whether they can have a political conversation over the back fence. “People are moving because they don’t feel safe in their own state, in their own country,” he says.

For instance, some conservative groups are trying to overturn Obergefell v. Hodges, the U.S. Supreme Court’s landmark 2015 ruling that established same-sex marriage as a constitutional right. McCranie says some of his clients are wondering, “Where would we be safe as a couple and as a family?”

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U.S. Census Bureau data for 2024 indicates that almost exactly as many people moved from Texas to Washington as went the other direction. However, a nationwide Stateline analysis paints a more one-sided picture. Republican counties, defined by the 2020 presidential election vote, gained 3.7 million people from mid-2020 to mid-2023, while blue counties lost the same amount — a time period that encompasses pandemic dislocations and lockdowns and the rise of remote work, Stateline notes.

But those broad trends can belie individual experiences. Rachelle Vega, interviewed last year by NPR, moved from Austin — widely considered the most progressive city in Texas — to Santa Fe, N.M., which has some of the country’s strongest LGBTQ protections. Vega wanted a more welcoming environment for her two adult trans children. In her new home, “There’s this sense of live and let live that is pervasive,” she told NPR.

This political sorting is not only occurring from state to state, but on a city, county and neighborhood level, according to Bruce Desmarais, a professor of political science and social data analytics at Penn State University. In a 2019 study, Desmarais and colleagues found that “people tend to be moving from one very sort of left-leaning city to the next” — like Vega — and the same is true, Desmarais says, for people moving from one right-leaning area to another.

Ticking the boxes beyond party affiliation

Take Stefanie Chiappetta’s experience. Four years ago, she and her husband, Samuel, moved from Middleborough, Mass., to Conway, S.C., and politics were the main reason.

In solidly blue Massachusetts, the town of Middleborough is an exception. It went for President Trump over Vice President Kamala Harris by a comfortable margin in 2024.

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Chiappetta says “more conservative” was “box one” on her list when looking for a fresh start after retirement. Second was taxes. She and her husband had been paying nearly $7,000 a year in property taxes in Massachusetts, but in Conway, it’s a fraction of that, she says. The last important item was the weather. Chiappetta says she and her husband both have back issues. The cold weather “was making us more miserable,” she says.

Although Chiappetta puts politics at the forefront, her weighting of other factors illustrates a key caveat, says Steven Webster, an associate professor of political science at Indiana University.

“Americans do have a preference for living near co-partisans,” Webster, who has also researched ideological sorting, says. However, “things like the affordability of homes [and] living in a good school district far outweigh any explicit partisan-based motivation for choosing one location over another.”

The neighbor agreeing with you about President Trump is “the cherry on top,” he says.

Just as Chiappetta gravitated to a lower-tax city and state — which often tend to be conservative — “a Democrat might move to an area with good access to public transportation,” Webster says.

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“While desiring access to public transportation may correlate with being a Democrat, one’s decision to move to that area is based [on] that desire rather than being with other Democrats,” he says.

“Places shape people more than people sort into places,” he concludes.

Political birds of a feather

Some researchers put more weight on party realignment — a long-term shift in the political landscape caused by voters changing their allegiances – than voter migration to explain the biggest share of the ideological sorting.

“Southern whites converted Republican, suburbs of major cities converted Democratic, and the political map redrew itself without most people moving,” notes Josh Zhang, an assistant professor of sociology at Stony Brook University.

In 2023, Zhang and colleagues published a study that looked at ideological sorting on a granular level. Using anonymized cell-phone data and other real-time information, they found that “people in heavily Democratic or Republican neighborhoods tend to visit places — religious institutions, schools, restaurants — whose other visitors lean the same way.”

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James Henson, director of the Texas Politics Project at the University of Texas at Austin, points out that while the general trend is understood, “geographic sorting is rarely, if ever, going to be absolute. Despite aggregate sorting, there are always going to be individual exceptions in a given area.”

Despite Wilbur’s decision to move to be closer to fellow conservatives, he readily acknowledges that such ideological sorting is a negative for the country as a whole. “Nobody talks to each other anymore,” he says. The divisions in our political discourse have increasingly led to physical division, he says.

Davis is also concerned about “isolating ourselves in bubbles” and recalls the rare occasions when she was able to break through to someone in Odessa. She argues that physical sorting reduces those opportunities for connection.

“That’s the importance of being able to sit down with someone, share a beer in a dive bar in West Texas, and have a conversation about why I’m leaving — what’s happening, and why I feel I have to go.”

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6 injured in stabbing at New York’s Penn Station | CNN

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6 injured in stabbing at New York’s Penn Station | CNN


New York — 

Six people were injured in a stabbing at New York’s Penn Station Sunday evening, raising security concerns a day before the city is set to host the NBA Finals – with President Donald Trump in attendance.

The attack comes amid heightened security around Madison Square Garden, which lies directly above the busy intercity railroad station, where the New York Knicks are hosting the San Antonio Spurs for Games 3 and 4 on Monday and Wednesday.

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The New York City Fire Department said it received a call around 7 p.m. reporting multiple people stabbed at West 33rd Street and 7th Avenue, one entrance to Penn Station.

One person suffered serious injuries, four others have moderate or minor injuries, according to the fire department. Those five were taken to Bellevue Hospital, and none of the injuries are life-threatening, another law enforcement official said. A sixth victim was taken to another hospital, a spokesperson for the fire department told CNN, without disclosing the person’s condition.

A suspect is in custody, according to a law enforcement official, who noted the suspect may be unhoused.

This is the first time the NBA Finals are coming to Madison Square Garden since 1999. Extra deployments, additional monitoring of cameras, more intelligence sharing and even drone deployments are part of an aggressive, proactive approach in an elevated threat environment, officials say.

Federal authorities had also already been working to implement a detailed security plan in anticipation of Trump’s appearance Monday at Game 3.

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Penn Station is a main connecting point for city subway trains, passenger rail to New Jersey and Long Island, and the city’s Amtrak station.

Amtrak police responded to the stabbing, the company’s communications director told CNN, and an investigation is underway.

There is no impact on Amtrak service, New York Mayor Zohran Mamdani said in a statement.

“My heart is with everyone who was injured, their loved ones, and all those shaken by this unacceptable violence. I’m wishing each of the victims a full and speedy recovery,” Mamdani said.

“I’m grateful to the Amtrak Police Department and the first responders who acted quickly to apprehend the suspect and provide emergency care,” he added.

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This story has been updated with additional information.

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Map: 3.6-Magnitude Earthquake Shakes the San Francisco Bay Area

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Map: 3.6-Magnitude Earthquake Shakes the San Francisco Bay Area

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Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Pacific time. The New York Times

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A minor, 3.6-magnitude earthquake struck in the San Francisco Bay Area on Sunday, according to the United States Geological Survey.

The temblor happened at 8:37 a.m. Pacific time about 1 mile southwest of Alamo, Calif., data from the agency shows.

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As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

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Aftershocks detected

Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.

Quakes and aftershocks within 100 miles

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Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.

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When quakes and aftershocks occurred

 All times are Pacific time. The New York Times

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Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Sunday, June 7 at 11:42 a.m. Eastern. Aftershocks data is as of Sunday, June 7 at 5:07 p.m. Eastern.

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