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US Supreme Court will hear Donald Trump presidential immunity appeal

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US Supreme Court will hear Donald Trump presidential immunity appeal

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The US Supreme Court has agreed to take up an appeal over whether Donald Trump is immune from criminal prosecution for acts committed in office, putting another potentially blockbuster case involving the former president on the high court’s docket ahead of the 2024 election.

The order on Wednesday will further delay a trial in a criminal case filed by the Department of Justice accusing Trump of seeking to overturn the results of the 2020 election. It will also give the high court — three of whose members were appointed by the former president — the chance to issue a landmark ruling on a question that could have major consequences for the upcoming election and for the presidency more broadly.

The Supreme Court set oral arguments in the matter for the week of April 22, with a decision expected in the case by the end of its term, which usually concludes in late June.

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It had previously refused a request from Jack Smith, the DoJ special counsel overseeing federal criminal cases against Trump, to bypass the US Court of Appeals for the District of Columbia Circuit, an intermediate appeals court, and hear the presidential immunity matter immediately last year.

Earlier this month, that court handed down a unanimous ruling that barred Trump from using presidential immunity as a shield against the DoJ indictment.

Lawyers for Trump subsequently asked the Supreme Court to put the appeals court order on hold while he appealed against the decision. They argued that a “claim that presidents have absolute immunity from criminal prosecution for their official acts presents a novel, complex, and momentous question that warrants careful consideration on appeal”.

The Supreme Court on Wednesday said the appellate court’s order would remain on hold until it resolves the issue. The federal elections trial was originally set to begin on March 4 but has been postponed.

Had the court not taken the case, the lower appeals court’s ruling would have remained in place and proceedings in the trial court could have resumed imminently. It is unclear now whether Trump will face trial in the case before the election in November, when he is likely to face Joe Biden in a rematch of 2020.

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Smith had warned the Supreme Court that a “delay in the resolution of [the election] charges threatens to frustrate the public interest in a speedy and fair verdict”.

Trump reacted to the decision with satisfaction, suggesting he sees it as a big legal victory. “Legal Scholars are extremely thankful for the Supreme Court’s Decision today to take up presidential immunity,” he said, adding: “Without presidential immunity, a president will not be able to properly function, or make decisions, in the best interest of the United States of America.” 

Democrats were extremely critical both because of the delay that the decision would bring to Trump’s trial, and concern that some justices on the court, with a 6-3 conservative majority, may be sympathetic to the former president’s argument that he is immune from prosecution for his official actions while in office. 

“The Supreme Court is placing itself on trial with this decision to hear the former president’s total immunity claim,” Nancy Pelosi, the California congresswoman and former House speaker, wrote on X. “It remains to be seen whether the justices will uphold the fundamental American value that no one is above the law — not even a former president.”

The high court has previously ruled on presidential immunity against civil claims, but it has yet to address the issue in relation to criminal charges.

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Daniel Richman, a professor at Columbia Law School, said that even if the high court decides the case speedily, “a determination that the prosecution can proceed will leave the district court hard-pressed to schedule a trial before the general election”.

“Arguments that Trump and the people have a strong first amendment interest in presenting his views to the electorate are substantial, and may well counsel against requiring him to sit in the courtroom instead of campaigning,” he added.

The DoJ declined to comment.

Trump’s latest presidential campaign has been unfolding alongside a jam-packed legal calendar as he faces cases in courts across the country. Most recently he was slammed with a penalty of more than $450mn, including interest, in a civil lawsuit in New York over “blatant” fraud committed by his real estate empire. An appeals court judge in New York on Wednesday declined to pause enforcement of that judgment while Trump appeals.

He faces a total of 91 criminal charges across four separate cases. The DoJ and the state of Georgia have separately charged Trump with meddling in the 2020 election. Another federal indictment accused him of mishandling sensitive government documents.

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The first case to reach trial will be one brought by Alvin Bragg, Manhattan district attorney, who alleged that Trump made “hush money” payments to porn actress Stormy Daniels in the lead-up to the 2016 election. Proceedings are set to start on March 25.

According to recent polling, Americans see the federal case related to the 2020 polls as the most serious for Trump, and a conviction in the case could lead to a drop in support for him in the general election.

The Supreme Court has also taken up another politically sensitive case involving Trump. It is poised to decide whether he can be barred from Colorado’s primary ballot in the presidential election, after a ruling from that state’s high court determined he was ineligible to hold office. It heard oral arguments in the case earlier this month.

An Illinois court on Wednesday joined Colorado and Maine in throwing Trump off the state’s presidential primary ballot on the basis that he engaged in insurrection. The evidence in the case is linked to the January 6 2021 attack when his supporters stormed the US Capitol in an attempt to halt the certification of Biden’s victory. The order remains on hold pending a potential appeal and the Supreme Court’s decision in the Colorado case.

Trump’s campaign called the Illinois ruling “unconstitutional” and vowed to “quickly” appeal against it.

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Additional reporting by James Politi

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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP

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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP

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The Supreme Court on Monday intervened in New York’s redistricting process, blocking a lower court decision that would likely have flipped a Republican congressional district into a Democratic district.    
  
At issue is the midterm redrawing of New York’s 11th congressional district, including Staten Island and a small part of Brooklyn. The district is currently held by a Republican, but on Jan. 21, a state Supreme Court judge ruled that the current district dilutes the power of Black and Latino voters in violation of the state constitution.  
  
GOP Rep. Nicole Malliotakis, who represents the district, and the Republican co-chair of the state Board of Elections promptly appealed to the U.S. Supreme Court, asking the justices to block the redrawing as an unconstitutional “racial gerrymander.” New York’s congressional election cycle was set to officially begin Feb. 24, the opening day for candidates to seek placement on the ballot.  
  
As in this year’s prior mid-decade redistricting fights — in Texas and California — the Trump administration backed the Republicans.   
 
Voters and the State of New York contended it’s too soon for the Supreme Court to wade into this dispute. New York’s highest state court has not issued a final judgment, so the voters asserted that if the Supreme Court grants relief now “future stay applicants will see little purpose in waiting for state court rulings before coming to this Court” and “be rewarded for such gamesmanship.” The state argues this is an issue for “New York courts, not federal courts” to resolve, and there is sufficient time for the dispute to be resolved on the merits. 
  
The court majority explained the decision to intervene in 101 words, which the three dissenting liberal justices  summarized as “Rules for thee, but not for me.” 
 
The unsigned majority order does not explain the Court’s rationale. It says only how long the stay will last, until the case moves through the New York State appeals courts. If, however, the losing party petitions and the court agrees to hear the challenge, the stay extends until the final opinion is announced. 
 
Dissenting from the decision were Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Writing for the three, Sotomayor  said that  if nonfinal decisions of a state trial court can be brought to highest court, “then every decision from any court is now fair game.” More immediately, she noted, “By granting these applications, the Court thrusts itself into the middle of every election-law dispute around the country, even as many States redraw their congressional maps ahead of the 2026 election.” 

Monday’s Supreme Court action deviates from the court’s hands-off pattern in these mid-term redistricting fights this year. In two previous cases — from Texas and California — the court refused to intervene, allowing newly drawn maps to stay in effect.  
  
Requests for Supreme Court intervention on redistricting issues has been a recurring theme this term, a trend that is likely to grow.  Earlier last month  the high court allowed California to use a voter-approved, Democratic-friendly map.  California’s redistricting came in response to a GOP-friendly redistricting plan in Texas that the Supreme Court also permitted to move forward. These redistricting efforts are expected to offset one another.     
   
But the high court itself has yet to rule on a challenge to Louisiana’s voting map, which was drawn by the state legislature after the decennial census in order to create a second majority-Black district.  Since the drawing of that second majority-black district, the state has backed away from that map, hoping to return to a plan that provides for only one majority-minority district.    
     
The Supreme Court’s consideration of the Louisiana case has stretched across two terms. The justices failed to resolve the case last term and chose to order a second round of arguments this term adding a new question: Does the state’s intentional creation of a second majority-minority district violate the constitution’s Fourteenth and Fifteenth Amendments’ guarantee of the right to vote and the authority of Congress to enforce that mandate?    
Following the addition of the new question, the state of Louisiana flipped positions to oppose the map it had just drawn and defended in court. Whether the Supreme Court follows suit remains to be seen. But the tone of the October argument suggested that the court’s conservative supermajority is likely to continue undercutting the 1965 Voting Rights Act.   

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Map: Earthquake Shakes Central California

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Map: Earthquake Shakes Central California

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

A minor earthquake with a preliminary magnitude of 3.5 struck in Central California on Monday, according to the United States Geological Survey.

The temblor happened at 7:17 a.m. Pacific time about 6 miles northwest of Pinnacles, Calif., data from the agency shows.

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.

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 Pacific time. Shake data is as of Monday, March 2 at 10:20 a.m. Eastern. Aftershocks data is as of Monday, March 2 at 11:18 a.m. Eastern.

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US says Kuwait accidentally shot down 3 American jets

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US says Kuwait accidentally shot down 3 American jets

The U.S. and Israel have been conducting strikes against targets in Iran since Saturday morning, with the aim of toppling Tehran’s clerical regime. Iran has fired back, with retaliatory assaults featuring missiles and drones targeting several Gulf countries and American bases in the Middle East.

“All six aircrew ejected safely, have been safely recovered, and are in stable condition. Kuwait has acknowledged this incident, and we are grateful for the efforts of the Kuwaiti defense forces and their support in this ongoing operation,” Central Command said.

“The cause of the incident is under investigation. Additional information will be released as it becomes available,” it added.

In a separate statement later Monday, Central Command said that American forces had been killed during combat since the strikes began.

“As of 7:30 am ET, March 2, four U.S. service members have been killed in action. The fourth service member, who was seriously wounded during Iran’s initial attacks, eventually succumbed to their injuries,” it said.

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Major combat operations continue and our response effort is ongoing. The identities of the fallen are being withheld until 24 hours after next of kin notification,” Central Command added.

This story has been updated.

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