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Legal experts “worried” DC appeal delay could mean Trump “losing that battle but winning the war”

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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.”

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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.”

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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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Map: 4.9-Magnitude Earthquake Shakes Louisiana

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Map: 4.9-Magnitude Earthquake Shakes Louisiana

Note: Map shows the area with a shake intensity of 4 or greater, which U.S.G.S. defines as “light,” though the earthquake may be felt outside the areas shown.  All times on the map are Central time. The New York Times

A light, 4.9-magnitude earthquake struck in Louisiana on Thursday, according to the United States Geological Survey.

The temblor happened at 5:30 a.m. Central time about 6 miles west of Edgefield, La., data from the agency shows.

U.S.G.S. data earlier reported that the magnitude was 4.4.

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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Source: United States Geological Survey | 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 Central time. Shake data is as of Thursday, March 5 at 8:40 a.m. Eastern. Aftershocks data is as of Thursday, March 5 at 10:46 a.m. Eastern.

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Donald Trump has no ‘phase two’ plan for Iran war, says US senator

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Donald Trump has no ‘phase two’ plan for Iran war, says US senator

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Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets

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Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets

The allegation sounded like the stuff of spy movies: A Pakistani businessman trying to hire hit men, even handing them $5,000 in cash, to kill a U.S. politician on behalf of Iran ‘s powerful paramilitary Revolutionary Guard.

It was true, and potential targets of the 2024 scheme included now-President Donald Trump, then-President Joe Biden and former presidential candidate and ex-U.N. Ambassador Nikki Haley, the man told jurors at his attempted terrorism trial in New York on Wednesday. But he insisted his actions were driven by fear for loved ones in Iran, and he figured he’d be apprehended before anything came of the scheme.

“My family was under threat, and I had to do this,” the defendant, Asif Merchant, testified through an Urdu interpreter. “I was not wanting to do this so willingly.”

Merchant said he had anticipated getting arrested before anyone was killed, intended to cooperate with the U.S. government and had hoped that would help him get a green card.

U.S. authorities were, indeed, on to him – the supposed hit men he paid were actually undercover FBI agents – and he was arrested on July 12, 2024, a day before an unrelated attempt on Trump’s life in Butler, Pennsylvania.  During a search, investigators said they found a handwritten note that contained the codewords for the various aspects of the plot, CBS News previously reported

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Merchant did sit for voluntary FBI interviews, but he ultimately ended up with a trial, not a cooperation deal.

“You traveled to the United States for the purpose of hiring Mafia members to kill a politician, correct?” Assistant U.S. Attorney Nina Gupta asked during her turn questioning Merchant Wednesday in a Brooklyn federal court.

“That’s right,” Merchant replied, his demeanor as matter-of-fact as his testimony was unusual.

The trial is unfolding amid the less than week-old Iran war, which killed Iranian Supreme Leader Ayatollah Ali Khamenei in a strike that Trump summed up as “I got him before he got me.” Jurors are instructed to ignore news pertaining to the case.

The Iranian government has denied plotting to kill Trump or other U.S. officials.

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Merchant, 47, had a roughly 20-year banking career in Pakistan before getting involved in an array of businesses: clothing, car sales, banana exports, insulation imports. He openly has two families, one in Pakistan and the other in Iran – where, he said, he was introduced around the end of 2022 to a Revolutionary Guard intelligence operative. They initially spoke about getting involved in a hawala, an informal money transfer system, Merchant said.

Merchant testified that his periodic visits to the U.S. for his garment business piqued the interest of his Revolutionary Guard contact, who trained him on countersurveillance techniques.

The U.S. deems the Revolutionary Guard a “foreign terrorist organization.” Formally called the Islamic Revolutionary Guard Corps, the force has been prominent in Iran under Khamenei.

Merchant said the handler told him to seek U.S. residents interested in working for Iran. Then came another assignment: Look for a criminal to arrange protests, steal things, do some money laundering, “and maybe have somebody murdered,” Merchant recalled.

“He did not tell me exactly who it is, but he told me – he named three people: Donald Trump, Joe Biden and Nikki Haley,” he added.

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In 2024, multiple sources familiar with the investigation told CBS News Merchant planned to assassinate current and former government officials across the political spectrum.

Merchant allegedly sketched out the plot on a napkin inside his New York hotel room, prosecutors said, and told the individual “that there would be ‘security all around’ the person” they were planning to kill.

“No other option”

After U.S. immigration agents pulled Merchant aside at the Houston airport in April 2024, searched his possessions and asked about his travels to Iran, he concluded that he was under surveillance. But still he researched Trump rally locations, sketched out a plot for a shooting at a political rally, lined up the supposed hit men and scrambled together $5,000 from a cousin to pay them a “token of appreciation.”

This image provided by the Justice Department, contained in the complaint supporting the arrest warrant, shows Asif Merchant. 

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He even reported back to his Revolutionary Guard contact, sending observations – fake, Merchant said – tucked into a book that he shipped to Iran through a series of intermediaries.

Merchant said he “had no other option” than to play along because the handler had indicated that he knew who Merchant’s Iranian relatives were and where they lived.

In a court filing this week, prosecutors noted that Merchant didn’t seek out law enforcement to help with his purported predicament before he was arrested. He testified that he couldn’t turn to authorities because his handler had people watching him.

Prosecutors also said that in his FBI interviews, Merchant “neglected to mention any facts that could have supported” an argument that he acted under duress.

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Merchant told jurors Wednesday that he didn’t think agents would believe his story, because their questions suggested “they think that I’m some type of super-spy.”

“And are you a super-spy?” defense lawyer Avraham Moskowitz asked.

“No,” Merchant said. “Absolutely not.”

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