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Column: Will Trump be tried for Jan. 6? After Supreme Court arguments, it's more uncertain than ever

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Column: Will Trump be tried for Jan. 6? After Supreme Court arguments, it's more uncertain than ever

For those rightly concerned about the timing of Donald Trump’s federal Jan. 6 trial, Thursday’s oral arguments before the Supreme Court gave plenty of reasons for worry. Moreover, the court’s conservative majority seemed inclined to define presidential immunity from prosecution in a way that could undermine some of the charges in special counsel Jack Smith’s indictment.

Much of the court’s questioning went well beyond the immediate issue of Trump’s immunity for the criminal acts alleged. The court’s conservatives focused almost exclusively on abstract questions of immunity for future presidents rather than the charges against the former president. Even the more moderate members of the conservative majority seemed preoccupied with the difficulty of drawing the line between official and unofficial acts, assuming that the former deserve extensive protection from prosecution.

Justice Amy Coney Barrett read a litany of acts from the indictment and asked Trump’s lawyer whether they were official or not. Chief Justice John G. Roberts Jr. indicated that the line between public and private presidential conduct is hard to draw, saying he was concerned that the D.C. Circuit Court of Appeals “did not get into a focused consideration of what acts we’re talking about or what documents we’re talking about.”

At best, the court’s questioning augurs an opinion setting out general principles of immunity and necessitating a remand to the lower courts to apply the justices’ guidance. As Justice Neil M. Gorsuch put it, “We’re writing a rule for the ages.” That would add further delay to a schedule that already seems to be putting a trial shortly before or beyond the November election.

And that wasn’t even the most serious implication for Smith’s case.

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The conservative justices’ questioning of Michael Dreeben, the special counsel’s well-regarded Supreme Court specialist, was sharp and fast. And their questions to both sides suggested they might conclude that inquiring into a president’s motives for certain acts would violate the constitutional separation of powers. That would point to a decision requiring the courts to set aside all evidence of a president’s malign intent.

If motive has to be disregarded in determining whether the president’s actions are official or not, it could undermine much of the case against Trump — including, for example, his brazen attempt to strong-arm the Department of Justice into falsely informing Georgia officials that the state’s election results were flawed.

Such a limitation might even provide immunity in the hypothetical extreme proposed during arguments before the D.C. Circuit: a president ordering Navy Seals to assassinate a political opponent. The force of that example is that it shows how an official act could have a patently malign motive.

As Justice Elena Kagan interjected in reference to the implications of her colleagues’ questions and Trump lawyer John Sauer’s response: “You’re asking us to say that a president is entitled … for total personal gain, to use the trappings of his office.” Exactly right.

Gorsuch threw another lifeline to Trump’s lawyer, asking whether he would accept a definition of official acts like the one in the D.C. Circuit’s opinion in Blassingame vs. Trump, which concerned presidential immunity from civil suits. That case drew a distinction between Trump’s acts as an officeholder and as an office-seeker. Applying it to the criminal case would likely immunize Trump for some of the conduct in the indictment, in particular his allegedly corrupt use of the Justice Department, though he would presumably remain on the hook for political conduct such as organizing false electors.

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It got worse for the prosecution. More or less out of nowhere, Justice Brett M. Kavanaugh suggested that one of the charges against Trump, conspiracy to defraud the United States, relies on a statute that is so broad and vague that it could be misused by future prosecutors against future presidents. Justice Samuel A. Alito Jr. jumped in to second the suggestion, taking up a criticism of the prosecution that Trump’s lawyers hadn’t even raised.

Since the court just heard arguments in a separate case that could invalidate two of the four charges against Trump — those under a federal obstruction statute — an opinion invalidating another charge could force Smith to soldier on with only one remaining charge against Trump, conspiracy against rights. That charge relies on the electorate’s right to have votes counted, which is a somewhat indirect approach to accountability for Trump’s pernicious post-election conduct.

That’s not all. Kavanaugh also raised the Trump team’s suggestion that perhaps Congress should have to make a “clear statement” of intent to apply any criminal law to the president, a stratagem the court previously conjured to deal with separation-of-powers concerns. Justice Sonia Sotomayor pointed out that it would in effect excuse a president for violations of most of the federal code.

Dreeben hardly had time to make his points until the end of the nearly three-hour argument, when Kagan gave him some room to do so. Kagan also asked the special counsel’s representative a friendly question getting at the possibility that the court could limit its decision to the charges against Trump to permit the trial to go forward expeditiously. But the odds that the court will take that guidance now look extremely slim.

Going into Thursday’s showdown, the critical question was whether the court’s opinion would permit the trial to go forward without further proceedings. In the wake of the arguments, that seems more unlikely than ever. Indeed, the court’s questions raised the additional alarming prospect that it could confer the kind of expansive presidential immunity that would further weaken the constitutional principle that a president is not a king.

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Harry Litman is the host of the “Talking Feds” podcast and the Talking San Diego speaker series. @harrylitman

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Governor’s race wildly unpredictable two weeks before Californians receive ballots

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Governor’s race wildly unpredictable two weeks before Californians receive ballots

The most unpredictable California governor’s race in recent history took another set of dizzying turns on Monday, with former Health and Human Services Secretary Xavier Becerra surging after former Rep. Eric Swalwell dropped out in the face of sexual assault and misconduct allegations, and former state Controller Betty Yee ending her bid.

The race to replace termed-out Gov. Gavin Newsom is the first in a quarter of a century with no clear front-runner and a sprawling field of candidates who have been jockeying for the attention of Californians, who are just beginning to pay attention to the campaign two weeks before ballots arrive in their mailboxes.

“I certainly could not have imagined the twists and the disturbing turns that this race has taken,” Yee said as she announced she was dropping out. “But through it all, my values and my vision for California has never wavered.”

A poll released Monday by the state Democratic Party — its first since Swalwell (D-Dublin) dropped out — showed Becerra’s support jumped nine points to 13%, placing him in a tie with Tom Steyer, the billionaire hedge fund founder turned environmental warrior. Former Rep. Katie Porter of Orange County saw a slight bump to 10% from 7%, while the remaining Democrats in the contest were mired in the low single digits.

The party began the surveys out of concern that Democrats could be shut out of the governor’s race because of California’s unique primary system, where the top two vote-getters in the June 2 primary move on to the November general election regardless of political party.

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“I continue to believe there are too many Democrats in the field,” California Democratic Party Chairman Rusty Hicks told reporters Monday. “My call for candidates to honestly assess the viability of their candidacy and campaigns still stands, especially if you are stalled in the single digits, seeing financial resources dry up and/or are failing to pick up additional support.”

Hicks and other party leaders and allies had unsuccessfully urged low-polling candidates to reconsider their candidacies before the filing deadline in an attempt to cull the field and avoid splintering the Democratic vote. Though most did not name candidates who they thought should think about their viability, Yee was widely believed to be among them.

Yee became emotional as she said on Monday that she decided to withdraw from the race because she wasn’t able to raise the resources necessary to compete in the state. She also said her message of competency and experience wasn’t resonating among voters who were seeking a fiery foil to President Trump, not “Boring Betty,” as she dubbed herself. Yee said she would assess the field before making an announcement on whether she would endorse one of her fellow Democrats.

Becerra was another candidate believed to be a target of party leaders’ efforts to shrink the field. But he held on and apparently benefited from Swalwell’s downfall.

“I’m not the richest candidate, I’m not the slickest candidate, but I am the guy that’s got you,” Becerra said, rallying supporters in Los Angeles on Saturday.

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The audience was filled with members of labor groups backing the longtime politician, and Becerra told them he’d serve as a “union man” in the governor’s office.

Pro- and anti-Becerra forces tussled outside the town hall after two people, who declined to identify whom they were working for, passed out fliers highlighting critical media investigations of the U.S. Department of Health and Human Services during the migrant crisis when the agency was led by Becerra.

Pro-Becerra attendees grabbed the fliers and told the men to go away, prompting a security guard to intervene.

The question is whether Becerra, who also served as state attorney general, a member of Congress and a state Assembly member, can raise the funds necessary to compete in a state with some of the nation’s most expensive media markets. And he was tied in the state party poll with a billionaire who dumped an additional $12.1 million of his own money into his campaign last week.

Steyer’s total investment in his bid reached $133 million, according to the California secretary of state’s office. He also received the endorsement of Our Revolution, a progressive political organization founded by U.S. Sen. Bernie Sanders (I-Vt.).

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“We’ve never endorsed a billionaire — but Tom Steyer is using his position to upset the system,” the group posted on X on Monday. “As Our Revolution executive director Joseph Geevarghese told @theintercept, ‘He’s been a partner in the movement. Most billionaires have used their wealth and privilege to lock in the status quo. Tom is doing the opposite.’”

San Jose Mayor Matt Mahan, who is also running for governor, accused Steyer of hypocrisy for the hedge fund he founded profiting from investments in private prisons being used to house ICE detainees, and Steyer calling for the abolishment of ICE.

Steyer got “rich investing off the ICE infrastructure he now wants to abolish,” Mahan posted on Instagram.

Steyer, who sold his stake in the hedge fund in 2012, has said he ordered the company to divest from the private prison company and has repeatedly expressed remorse about his former firm’s ties with the detention company.

Mahan also appeared Monday at a Hollywood production lot to announce his proposal for a special fund to lure sporting events, concerts and other productions to California as part of his plan to help the struggling film and television industry.

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An independent effort supporting Mahan has also raised roughly $11 million since Swalwell left the race.

Mehta reported from Los Angeles and Nixon from Sacramento. Times staff writer Dakota Smith contributed to this report.

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US military announces another deadly strike against ‘narco-terrorists’

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US military announces another deadly strike against ‘narco-terrorists’

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The U.S. military announced another deadly strike against a vessel that it alleges was involved in “narco-trafficking” efforts.

“On April 19, at the direction of #SOUTHCOM commander Gen. Francis L. Donovan, Joint Task Force Southern Spear conducted a lethal kinetic strike on a vessel operated by Designated Terrorist Organizations,” U.S. Southern Command indicated in a post on X.

“Intelligence confirmed the vessel was transiting along known narco-trafficking routes in the Caribbean and was engaged in narco-trafficking operations,” the post continued.

US MILITARY KILLS 2 SUSPECTED CARTEL OPERATIVES IN LATEST EASTERN PACIFIC LETHAL STRIKE, SOUTHCOM SAYS

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The U.S. military announced that it killed three “narco-terrorists” in a strike in the Caribbean on Sunday, April 19, 2026. (@Soutcom via X)

SOUTHCOM indicated that the attack killed three men.

“Three male narco-terrorists were killed during this action. No U.S. military forces were harmed,” the post noted.

President Donald Trump’s administration has carried out dozens of deadly strikes against vessels of alleged “narco-terrorists.”

US MILITARY CONDUCTS MORE DEADLY STRIKES AGAINST VESSELS OF ALLEGED ‘NARCO-TERRORISTS’

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Marine Corps Lt. Gen. Francis L. Donovan, nominee for commander of U.S. Southern Command, testifies during his Senate confirmatino hearing on Capitol Hill in Washington, D.C., on Jan. 15, 2026. (Brendan Smialowski/AFP via Getty Images)

In a completely different part of the world, amid ongoing tensions between America and Iran, the U.S. attacked an Iranian-flagged cargo ship on April 19.

“Guided-missile destroyer USS Spruance (DDG 111) intercepted M/V Touska as it transited the north Arabian Sea at 17 knots enroute to Bandar Abbas, Iran. American forces issued multiple warnings and informed the Iranian-flagged vessel it was in violation of the U.S. blockade,” U.S. Central Command noted.

US SEIZES IRANIAN SHIP AFTER OPENING FIRE; PAKISTAN TALKS IN DOUBT

President Donald Trump on the South Lawn of the White House before boarding Marine One in Washington, D.C., on Thursday, April 16, 2026. (Graeme Sloan/Sipa/Bloomberg via Getty Images)

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“After Touska’s crew failed to comply with repeated warnings over a six-hour period, Spruance directed the vessel to evacuate its engine room. Spruance disabled Touska’s propulsion by firing several rounds from the destroyer’s 5-inch MK 45 Gun into Touska’s engine room. U.S. Marines from the 31st Marine Expeditionary Unit later boarded the non-compliant vessel, which remains in U.S. custody,” CENTCOM noted.

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Uproar over mama bear killing could help launch a state wildlife coexistence program

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Uproar over mama bear killing could help launch a state wildlife coexistence program

A month after a public uproar over a mama bear being euthanized after swiping at a resident in Monrovia, state lawmakers are considering mandating the use of nonlethal ways to help allow wildlife and humans to coexist.

Sen. Catherine Blakespear (D-Encinitas) said she believes the bear’s death, and the state’s decision to kill four wolves last year that were preying on cattle, raised public concern.

“That made everybody realize we have to do better here,” she told The Times on Thursday. “We need to recognize the importance of seeing ourselves, humans, as part of a larger ecosystem that includes animals and plants and our world and trying to protect it.”

Senate Bill 1135, introduced by Blakespear, would direct the California Department of Fish and Wildlife to create the Wildlife Coexistence Program, which would provide public education, offer technical assistance and maintain a statewide incident reporting system. It would help communities deploy nonlethal devices to deter predators, like barriers or noise and light machines.

At a legislative hearing on Tuesday, Blakespear told the Senate Committee on Natural Resources and Water that a three-year state initiative offering similar services was seeing positive results — until it was discontinued two years ago after funding ran dry. She said it was time to implement a permanent program.

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“Human population growth, habitat loss and the growth of industry across California inevitably leads to interaction between humans and wildlife,” Blakespear told legislators. “No two animal species are the same and each has unique behavior patterns and territories. SB 1135 recognizes these differences and gives communities the tools to prevent conflict and respond when it occurs.”

The bill would also rename a state program that reimburses ranchers who lose livestock to wolves, calling it the Wolf-Livestock Coexistence and Compensation Program. It would require ranchers seeking compensation to show they were using nonlethal deterrents approved by the department.

Sen. Shannon Grove (R-Bakersfield) stressed that life in rural areas is different than living in a city. She said some families and cattle ranchers have a genuine fear of predators.

“When these baby calves drop on the ground and then two wolves start ripping them apart, it’s not the prettiest thing you’ve ever witnessed,” said Grove, who abstained from voting on the measure. “These wolves are not puppies.”

More than 30 organizations are supporting the legislation, including the National Wildlife Federation, Defenders of Wildlife, California State Assn. of Counties, Animal Legal Defense Fund and Citizens for Los Angeles Wildlife.

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The California Farm Bureau and the California Cattlemen’s Assn. are in opposition due to concerns over funding.

Last month, Blakespear sent a letter to the chair of the Senate Committee on Budget and Fiscal Review requesting $48.8 million to implement the legislation, with $25 million earmarked for addressing wolf encounters. Half of the money for wolf conflicts would go toward deterrents; the remainder would compensate ranchers for their losses.

Kirk Wilbur, vice president of government affairs cattlemen’s association, said the organization is concerned about that division of funding — especially if funding is reduced.

Wilbur told legislators Tuesday that the organization supports some aspects of the bill and was having productive conversations with Blakespear to address their concerns.

The bill ultimately passed the committee with a 5-to-1 vote and now heads to the Senate Committee on Appropriations.

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Human wildlife conflicts have made headlines in California recently, with a bear refusing to leave a basement for weeks in Altadena and a mama bear dubbed Blondie crossing paths last month with a woman walking her dog in Monrovia.

Blondie swiped the woman’s leg, and was subsequently euthanized by the California Department of Fish and Wildlife. Her two cubs were sent to the San Diego Humane Society’s Ramona Wildlife Center. The bear’s death upset many in the community, as thousands had signed a petition calling for other solutions, like relocation.

Deadly wildlife attacks on humans, however, are rare in California.

There have been six reported human fatalities from mountain lions since 1890, according to the state Fish and Wildlife Department. The agency recorded one human fatality from a coyote in 1981 and another fatality from a black bear in 2023. The department has no recorded human fatalities from gray wolves.

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