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During Watergate, the Supreme Court spoke with one voice. Can it do the same in Trump's case?

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During Watergate, the Supreme Court spoke with one voice. Can it do the same in Trump's case?

Fifty years ago this month, the U.S. Supreme Court was mulling a landmark case with profound implications for America’s democracy.

The question before justices in the Watergate tapes dispute was whether the president was above the law, shielded from prosecutors and a judge who were investigating a crime.

The court’s answer was clear, unflinching and unanimous.

A unanimous Supreme Court ruling helped resolve another constitutional crisis in 1974, when President Nixon claimed executive privilege over his White House tapes during the Watergate investigation.

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(Associated Press)

The Constitution has no “absolute, unqualified presidential privilege of immunity,” the court said in July 1974 in United States vs. Nixon. The president’s claim of executive privilege for his White House tapes, justices said, “cannot prevail over the fundamental demands of … the fair administration of criminal justice.”

Chief Justice Warren Burger, an appointee of then-President Nixon, wrote the court’s opinion. The Watergate case marked a high point for an often divided and contentious court and helped bring together a nation that was in the grip of a constitutional crisis.

The same basic issue is before the court again in Trump vs. United States: Are presidents above the law, immune forever from criminal charges for their actions in the White House? Or can they be prosecuted and held to account for breaking the law?

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The decision figures to rewrite the law on the powers of the president and a cast a lasting shadow on the Supreme Court led by Chief Justice John G. Roberts Jr.

Few are predicting the current court will rise to the occasion and deliver a clear, unanimous ruling.

The two sides of the debate drew a sharp contrast when the court heard arguments in late April.

“Without presidential immunity from criminal prosecution,” Trump’s attorney John Sauer told the court, “there can be no presidency as we know it.”

Justice Department veteran Michael Dreeben replied that presidential immunity had been rejected in the past and should be rejected now.

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“All former presidents have known that they could be indicted and convicted. And Watergate cemented that understanding,” Dreeben said, arguing on behalf of special counsel Jack Smith.

A multicolored drawing of Supreme Court justices seated at a long table as a man stands and addresses them before an audience

The Justice Department’s Michael Dreeben, speaking to justices on April 25 in this artist’s sketch, argued that “all former presidents have known that they could be indicted and convicted. And Watergate cemented that understanding.”

(Dana Verkouteren / Associated Press)

If the justices split along ideological lines, with the three liberals in dissent, the decision is sure to be condemned as partisan.

So the chief justice is likely to try to put together a majority that includes at least one liberal for what could be seen as a middle-ground position.

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That would mean rejecting Trump’s claim of absolute immunity as well as Smith’s view that a former president has no shield from being prosecuted, even for truly official acts.

Trump was indicted last year on accusations of conspiring to overturn the results of the 2020 presidential election he’d lost to Joe Biden, including by making false claims of election fraud and encouraging thousands of his supporters to march to the Capitol on Jan. 6, 2021, when the House and Senate met to confirm Biden’s election.

Trump pleaded not guilty and insisted that his actions — taken while he was president — should be forever immune from prosecution.

Several Justices — some of whom have worked in Washington for decades — said during arguments in April that a president’s use of his “core executive powers” should be off-limits to future charges. They are wary of opening the door to politically driven criminal investigations.

Prior to Trump, no president had been indicted after leaving office, though at times charges were contemplated.

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Could President Reagan have been prosecuted for the so-called Iran-Contra affair, a secret White House scheme to sell arms to Iran to support rebels in Nicaragua after Congress blocked their funding? Could President George H.W. Bush have been prosecuted for denying he knew about the scheme when he was vice president? While no such charges were brought, an independent counsel looked into those allegations.

President Reagan, eyes closed, holds his right fist to his forehead, his other hand on a lectern with the presidential seal

President Reagan, seen in 1987, and his vice president and successor, George H.W. Bush, were investigated for possible charges in the Iran-Contra scandal, but were not among the 13 people indicted.

(Dennis Cook / Associated Press)

President Clinton was also threatened with prosecution after leaving office for having lied to investigators about his relationship with a White House intern.

To take a more recent example, could former President George W. Bush have been investigated or prosecuted by a Democratic administration for his responsibility in the harsh treatment of detainees at Guantanamo Bay, Cuba, or over the alleged torture of prisoners at secret CIA sites in Europe?

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The Obama administration did not pursue any such charges, but former White House lawyers, including now-Justice Brett M. Kavanaugh, voiced concern about subjecting presidents to criminal charges after they leave office.

A critical question in the Trump case is: What qualifies as an “official” act by a president, and what sort of actions are considered private, even potentially criminal?

Most of the justices appeared to agree during arguments in April that Trump had been indicted over a private scheme, not for the use of any core executive powers.

Justice Amy Coney Barrett, a Trump appointee, noted that the former president was accused of enlisting lawyers to submit “false claims of election fraud” and to send “fraudulent slates of presidential electors” to Congress.

“Sounds private,” she said.

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Justice Amy Coney Barrett, in an orange-red dress, sits and addresses a small group, reflected in the window behind her

Trump appointee Amy Coney Barrett was among a majority of justices in April who seemed to agree that the former president had been indicted over a private scheme as a candidate, not for official presidential actions.

(Morry Gash / Associated Press)

Sauer, the Trump attorney, agreed.

“So you would not dispute those were private, and you wouldn’t raise a claim that they were official?,” Barrett asked.

Again, the lawyer agreed.

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Later, when pressed by others, Sauer agreed with a lower court that had drawn a distinction between the conduct of an officeholder and that of a candidate for office. Prosecutors relied on that distinction, arguing that Trump was indicted for his actions as a failed candidate for reelection, not as an officeholder carrying out his official duties.

Barrett’s questions hinted at the possibility of a narrow ruling rejecting Trump’s claim of immunity from charges that he conspired to overturn his election defeat. The three liberal justices could agree with that.

But conservative Justices Samuel A. Alito Jr., Neil M. Gorsuch and Kavanaugh said they favored a broader shield for presidents when they use their official powers.

If that becomes the majority opinion, the court’s liberals may well refuse to go along. They voiced concern about shielding a president who abuses his power.

What if the president orders a “military coup?” Justice Elena Kagan asked during the arguments.

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As commander in chief, if a president “told the generals: ‘I don’t feel like leaving office. I want to stage a coup,’” she asked, would that be an official act, shielded from future prosecution?

“It could well be,” Sauer replied.

Former President Trump, flanked by two men in suits, stands and speaks in a white room with blue accents and two U.S. flags

John Sauer, right, with the former president and fellow Trump lawyer John Lauro in January, said in April that a president “could well be” be shielded from prosecution for ordering a military coup to stay in office.

(Susan Walsh / Associated Press)

So the problem facing the chief justice is that an opinion supporting a president’s immunity for official acts could drive the three liberals to dissent, while some conservatives may balk and refuse to join a ruling if it only holds that an ex-president can be prosecuted.

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Four years ago, Roberts had a solid 7-2 majority rule against a Trump claim of “absolute immunity” and order the then-president to turn over financial and tax records to New York prosecutors.

The chief justice said the presidential supremacy claimed by Trump had never been part of America’s history.

“In our judicial system, the public has a right to every man’s evidence. Since the earliest days of the republic, ‘every man’ has included the president of the United States,” Roberts wrote in Trump vs. Vance. Two conservative justices, Alito and Clarence Thomas, dissented.

Critics say the Roberts court has already delivered a victory of sorts for Trump by taking so long to decide on his immunity claim.

“This case goes to the heart of our democracy, and they’ve been slow-walking it,” said Fred Wertheimer, president of Democracy21 and a champion of campaign funding limits since the Watergate era. The court decided the Watergate case 16 days after the oral argument, he noted.

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This year, by contrast, the justices have taken months to ponder a claim of immunity, a delay that has postponed Trump’s federal prosecutions and is almost certain to prevent a jury from deciding before the November election whether he conspired to overturn his defeat in the 2020 election.

“The court should never have taken this case,” Wertheimer said. “The voters were entitled to know whether Trump engaged in criminal conduct to overturn an election he lost.”

He’s not the only Watergate-era lawyer who is troubled. In 1974, Philip Lacovara, as counsel to the special prosecutor, urged the Supreme Court to reject Nixon’s claim of executive privilege with a “definitive” ruling. Nixon had hinted he may defy the decision if the justices were divided.

A black-and-white photo of officials at a table in an ornate room, Gerald Ford in the foreground across from Richard Nixon

Vice President Gerald R. Ford, in the foreground at Nixon’s final Cabinet meeting before his August 1974 resignation, would go on to pardon his former boss ahead of his “possible indictment and trial for offenses against the United States.”

(David Hume Kennerly / Getty Images)

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Just 16 days after the court ordered him to disclose the tapes, Nixon resigned. A month later, President Ford granted him a full pardon, after saying his predecessor was facing “possible indictment and trial for offenses against the United States.”

In a recent interview, Lacovara warned against making a former president immune from criminal prosecution, noting that history has shown that sometimes strong men with no moral compass can win election.

“That’s why this could be the most dangerous decision the court has ever made,” he said of Trump’s case. “Once you crack it open and say the president gets to violate some laws, there’s no way to constrain it. You have started down a very dangerous road.”

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Video: Julian Assange Walks Free After Guilty Plea

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Video: Julian Assange Walks Free After Guilty Plea

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Julian Assange Walks Free After Guilty Plea

After more than a decade of legal battles, the founder of Wikileaks left a courthouse in Saipan and boarded a plane home for Australia.

How does it feel to be a free man, Mr. Assange? Finally, after 14 years of legal battles, Julian Assange can go home a free man. This also brings to an end a case which has been recognized as the greatest threat to the First Amendment in the 21st century.

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Popular Republican and Trump running mate contender makes first Senate endorsement in 2024 races

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Popular Republican and Trump running mate contender makes first Senate endorsement in 2024 races

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EXCLUSIVE – Republican Sen. Tim Scott of South Carolina, who’s under consideration as former President Donald Trump’s running mate, is weighing in on the GOP Senate primary in a key battleground state.

Scott on Wednesday endorsed former Rep. Mike Rogers of Michigan, a former House Intelligence Committee chair who is the front-runner in the August Republican primary in the fight to succeed longtime Sen. Debbie Stabenow, a Democrat who is not seeking re-election this year.

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The seat is one of a handful that Republicans are aiming to flip from blue to red in the autumn elections as they push to regain the Senate majority they lost in the 2020 cycle.

“Mike Rogers’ commitment to service has always been about putting the American people first. When Mike and I served together, he was a leader who delivered results and fought to expand opportunities for working families and those pursuing their American Dream,” Scott said in a statement. “I’m proud to endorse him to be Michigan’s next U.S. Senator because I know Mike will bring his servant leadership to the U.S. Senate.”

WHAT THE REPUBLICAN SENATE CAMPAIGN CHAIR TOLD FOX NEWS ABOUT WINNING BACK THE MAJORITY

Republican presidential candidate former President Donald Trump looks to Sen. Tim Scott, R-S.C., during a Fox News Channel town hall Tuesday, Feb. 20, 2024, in Greenville, S.C. (AP Photo/Chris Carlson) (AP Photo/Chris Carlson)

Scott’s backing of Rogers, which was shared first with Fox News, is his first formal endorsement in a Senate race this election cycle, although he’s helped other Republican candidates raise money.

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Rogers, an Army veteran and a former FBI special agent before serving in Congress, enjoys the backing of the National Republican Senatorial Committee (NRSC), which is the campaign arm of the Senate GOP. And in March, Rogers landed the endorsement of Trump, the party’s presumptive presidential nominee.

6 KEY SENATE SEATS REPUBLICANS AIM TO FLIP IN NOVEMBER 

“Senator Scott has been a tremendous champion for conservative values in the U.S. Senate and I’m honored to receive his endorsement,” Rogers said in a statement. “Together in the Senate we will work with President Trump to help Michigan families, lower the cost of gas and groceries, and secure the southern border.”

Rogers has also been endorsed in recent months by seven other Republican senators, as well as Mike Pompeo, who served as Secretary of State and CIA director in the Trump administration. He’s also been endorsed by former Detroit police chief James Craig, who backed Rogers after ending his own Republican Senate nomination bid earlier this year.

Republican presidential candidate former President Donald Trump listens as Michigan Senate candidate former Rep. Mike Rogers speaks at a campaign rally in Freeland, Mich., Wednesday, May 1, 2024. (AP Photo/Paul Sancya)

Republican presidential candidate former President Donald Trump listens as Michigan Senate candidate former Rep. Mike Rogers speaks at a campaign rally in Freeland, Mich., Wednesday, May 1, 2024. (AP Photo/Paul Sancya) (AP Photo/Paul Sancya)

As they work to win a Senate election in Michigan for the first time in three decades, Republicans were hoping to avoid a potentially costly and combustible primary.

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But Rogers doesn’t have the field to himself.

The primary race also includes wealthy businessman and investor Sandy Pensler, who’s making his second run for office and has been spending big bucks to run ads targeting Rogers. Former Republican presidential candidate Vivek Ramaswamy endorsed Pensler.

Among the others running for the GOP nomination are former Rep. Justin Amash, who as an independent House member joined Democrats in voting to impeach then-President Trump in his first impeachment trial in 2019.

The state primary in Michigan will be held on August 6.

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Scott, the only Black Republican in the Senate, ran unsuccessfully for the 2024 GOP presidential nomination but remains a very popular and influential figure in the party.

The senator, who was known for his ferocious fundraising as he cruised to a Senate re-election in 2022, has strong ties with many leading figures in the GOP donor class. The money raised two years ago served as a down payment for his 2024 national run.

Besides raising money for himself, Scott has also been very active in helping fellow Republicans running for office.

In the 2022 cycle, the senator raised nearly $1 million for other candidates and donated more than $1 million to down ballot races. And two outside groups aligned with Scott spent $13 million on top Senate and House races, while also transferring $5 million to the top super PAC supporting Senate Republicans.

A super PAC allied with Scott announced earlier this month it would spend $14 million to help Republicans grow support among Black voters.

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Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

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Cost of bringing clean drinking water to California communities estimated at $11.5 billion

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Cost of bringing clean drinking water to California communities estimated at $11.5 billion

California has made significant progress helping small communities address problems of contaminated drinking water, but the costs of bringing safe tap water to hundreds of communities over the next five years will run more than $11.5 billion, according to a new state estimate.

In a newly released report, the staff of the State Water Resources Control Board estimated that at the start of this year approximately 913,000 Californians depended on public water systems that are failing to comply with drinking water regulations, while an additional 1.5 million people depended on water systems that are determined to be “at-risk.”

Officials carried out the assessment nearly five years after the state established the Safe and Affordable Funding for Equity and Resilience, or SAFER, drinking water program. They said in the report that under the program, the state water board has since 2019 given more than $831 million in grants for drinking water projects in disadvantaged communities, and that about 250 failing water systems serving more than 2 million people have come into compliance with drinking water standards.

“What our analysis has shown time and again is that the common denominator is size,” said Joaquin Esquivel, chair of the state water board. “Small systems struggle, especially in communities that have experienced discrimination and disinvestment, and their challenges will be amplified as weather grows more extreme, new contaminants emerge and costs increase.”

Aggressive and impactful reporting on climate change, the environment, health and science.

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California declared access to clean, safe and affordable water a human right in 2012, but the state has faced significant challenges in developing policies and securing adequate funding to bring solutions for communities where people live with contaminated tap water.

In small rural communities across the state, the water pumped from wells contains harmful levels of contaminants including naturally occurring arsenic, bacteria from sewage leaks, nitrate from animal manure, fertilizers or other sources, and carcinogenic chemicals.

Not all systems that are deemed to be failing deliver water that is contaminated, but many of them have at least one contaminant at levels that violate safe drinking water standards.

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According to state data, about 56% of the 385 failing water systems supply disadvantaged communities, and 67% of them supply majority communities of color.

“All of our current failing water systems are on track to come off the failing list,” said Kristyn Abhold, senior environmental scientist for the state water board. “They are working on long-term solutions, and our staff and funding resources are being targeted to the ones that are in most need.”

State water regulators have found that the vast majority of the failing water systems serve a small number of residents, while 98% of the state’s population receives water from sources and suppliers that meet drinking water standards.

For a water system to come into compliance with regulations, it takes not only funding but also planning, engineering work and permits, Abhold said.

State officials have assessed other communities that are at risk by analyzing the potential for water quality violations or water shortages, among other factors.

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The number of people affected has fluctuated in recent months as some water systems have come off the list and others have been added. The state’s latest estimates show that 738,000 people currently receive water from failing systems, while more than 1.8 million people depend on 548 systems with drinking water supplies determined to be at risk.

The state’s report includes estimated costs for infrastructure solutions such as installing treatment systems, drilling a new well, or consolidating by connecting one water system to another.

The estimated costs of solutions in the latest report were substantially higher than previous state estimates. In a 2021 report, the state water board included a range of estimated costs up to $9.1 billion. Officials said they used new methods and improved data this time, including more water systems and risks in their analysis.

According to the report, the estimated costs of long-term solutions for failing and at-risk public water systems total $6.6 billion over five years, while the costs of solutions for “high-risk” small water systems and domestic wells total $4.9 billion.

Those combined costs, totaling more than $11.5 billion, would be significantly higher if loan repayment costs and operations and maintenance costs are included, the report said, pushing the total estimated cost of “achieving the human right to water” to $15.9 billion.

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Officials projected that $2 billion in state grant funds will be available over five years, as well as $1.5 billion in state loans, leaving a substantial gap in available funding. Officials said a large portion of the money to address the problems may need to come from “local cost share” funds collected through rates, fees and taxes.

The report’s higher cost estimates were released amid discussions about budget cuts in Sacramento.

Citing recent cuts, more than 180 organizations, including environmental groups and other organizations, wrote to state leaders urging them to approve placing a $10 billion bond on the November ballot to provide “direct and meaningful investments in the California communities and natural resources most impacted by climate change.”

As part of that ballot measure, they called for including $1 billion for drinking water and wastewater infrastructure for communities and tribes.

Leaders of the groups wrote that “recent and proposed cuts to funding for such programs have prompted consensus that additional bond funding is necessary to ensure priority programs continue beyond this year.”

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Jennifer Clary, California director for the group Clean Water Action, said: ”drinking water infrastructure isn’t a luxury item. Without these projects, thousands of Californians will continue to lack access to safe and clean drinking water.”

Clean water advocates have also voiced concerns as state officials have reviewed the costs of a program that provides household tanks and hauls water by truck to thousands of low-income families whose wells have gone dry.

More than 3,000 domestic wells have run dry throughout California since 2020, according to reports submitted to the state. Those with dry wells have started relying on water delivered by tanker trucks to fill their tanks, while also receiving bottled water.

Leaders of the nonprofit group Self-Help Enterprises, which manages the water-hauling effort, recently urged Gov. Gavin Newsom and other state leaders to reject proposals that would take away critical funding for the program. They wrote in a June 11 letter that taking away $17.5 million would “cut off access to water for more than 20,000 people who are still awaiting a permanent solution.”

The letter, which was first reported by the news site SJV Water, was also signed by leaders of other organizations, including the Community Water Center and Union of Concerned Scientists.

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“The reversions of these funds will cut off access to water for more than 20,000 people who are still awaiting a permanent solution,” the groups said. “Cutting funding for such a crucial program would have devastating effects on rural and disadvantaged communities by immediately cutting them off from their sole source of water supply, and doing so with no warning.”

Leaders of some groups said later that the funding for the program has been restored.

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