Politics
Opinion: We should all dissent from the Supreme Court's immunity decision, and not respectfully
As Justice Sonia Sotomayor powerfully said in her dissent in Trump vs. United States, the Supreme Court on Monday made “a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.” In a 6-3 decision, the six Republican-appointed justices handed a stunning victory to Donald Trump in broadly defining the scope of absolute presidential immunity from criminal prosecution.
Donald Trump was indicted in federal district court in Washington for his role in attempting to undermine the results of the November 2020 presidential election. Trump moved to dismiss the indictment on the grounds that his actions occurred while he was still in the White House and that a president has absolute immunity from criminal prosecution for anything done while in office. Both the federal district court and the United States Court of Appeals rejected this argument, stressing that the core of the rule of law is that no one, not even a president, is above the law.
Although the Supreme Court did not go as far as Trump wanted, its ruling is a clear a victory for him and for future presidents. In an opinion by Chief Justice John G. Roberts Jr., the court said that a president has absolute immunity for his official acts. The court expansively defined this as anything done in carrying out the constitutional powers of the president or in implementing a federal statute. The conservative majority then went further and said, “We conclude that the separation of powers principles explicated in our precedent necessitate at least a presumptive immunity from criminal prosecution for a president’s acts within the outer perimeter of his official responsibility.” And Roberts said that a court cannot look at a president’s motives.
The breadth of this immunity is stunning. Imagine, to use an example that was raised at the oral arguments, that a president orders the Navy Seals to kill a political rival. Under the court’s approach that would be protected by absolute immunity because it is an action taken by the president carrying out his powers as commander in chief. The court was explicit that the president’s craven political motives are irrelevant.
Or imagine that a president orders the Justice Department to investigate and indict a political rival solely to gain a political advantage. Or imagine, as Trump has already pledged, that if again elected president he would use the Justice Department for retribution and to prosecute his opponents. That, too, would clearly be protected by absolute immunity under the court’s decision. In fact, Roberts wrote: “The President cannot be prosecuted for conduct within his exclusive constitutional authority. Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.” Indeed, the court went so far as to say that Trump’s pressuring Vice President Mike Pence to ignore the results of the electoral college decision had a presumption of absolute immunity.
The court said that private or personal acts of a president, as opposed to official ones, are not protected by absolute immunity from prosecution. The court left open the question of whether there is absolute immunity for Trump’s pressuring state election officials, such as in Georgia, and for his conduct on Jan. 6. The court remanded these questions to the lower courts to decide. But even this is a victory for Trump in that the court did not declare the obvious: These unquestionably were personal and political actions.
It is for this reason that Sotomayor in her dissent says that the justices “in effect, completely insulate Presidents from criminal liability.” As she says, it is “an expansive vision of Presidential immunity that was never recognized by the Founders, any sitting President, the Executive Branch, or even President Trump’s lawyers, until now.”
In the past, when the court has dealt with issues like this, it has been unanimous and stressed the importance of holding a president accountable and upholding the rule of law. In United States vs. Nixon, in 1974, the court unanimously held that President Nixon could not invoke executive privilege to thwart a criminal investigation. In Clinton vs. Jones, in 1997, the court unanimously ruled that President Clinton had no immunity to protect him from a lawsuit for sexual harassment that occurred when he was governor of Arkansas.
But we live in a very different, far more partisan time. It is impossible to read the decision in Trump vs. United States as other than a court with six Republican justices handing a major victory to the Republican candidate for president, Donald Trump. Indeed, the court’s handling of the case, denying review that was requested in January and then not releasing its opinion until July 1, was in itself a victory in ensuring that there is no way that Trump can be tried before the November 2024 presidential election.
Roberts concluded his opinion by rightly saying: “This case poses a question of lasting significance.” Unfortunately, the court gave an answer to that question that undermines the rule of law and creates a serious future threat to our democracy in placing the president largely above the law.
Erwin Chemerinsky is a contributing writer to Opinion and the dean of the UC Berkeley School of Law.
Politics
WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices
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Energy Secretary Chris Wright is telling Americans not to be concerned about the possibility of another surge of sharp increases in gasoline prices as tensions with Iran have started to escalate once again.
Asked whether Americans should worry about higher prices at the pump and how the Trump administration is preparing to keep the economy stable if the conflict continues to worsen, Wright told Fox News Digital: “It has not been any good behavior from Iran that’s allowed oil to flow. It’s been the United States military.”
“That’s not changing,” he assured, speaking from the Great American State Fair on the National Mall this week.
US CLAWS BACK KEY CONCESSION TO IRAN AFTER FRESH ATTACKS ON COMMERCIAL SHIPS IN STRAIT OF HORMUZ
(Mario Tama/Getty Images) (Mario Tama/Getty Images)
With Iran striking three commercial vessels transiting the Strait of Hormuz on Monday and Tuesday, Wright doubled down in urging citizens to not credit Iran for the U.S. military’s work to ensure oil shipments continue flowing through the strait.
“Look, the U.S. Military has been the key asset here,” he said. “They have assured the flow of oil and gas through the Strait of Hormuz throughout. Not at the beginning of this conflict, but through the last six weeks.”
Wright said the administration is closely monitoring global oil supplies as the tentative ceasefire with Iran seemingly came to come to a halt, with President Donald Trump telling Secretary-General Mark Rutte the call for peace with Iran is “over” at the NATO Summit in Turkey on Wednesday.
But, he pointed to the continued shipping through the Strait as evidence that markets should remain stable.
TRUMP SAYS IRAN CEASEFIRE IS ‘OVER’ AFTER IRANIAN ATTACKS TRIGGER MASSIVE US RESPONSE
President Donald Trump speaks at the White House on Tuesday, April 22. (AP/Alex Brandon)
“We’re of course constantly watching the supply of oil, the supply of refined products and what’s going on there,” Wright said. “And I think still all positive trends.”
Beyond geopolitical concerns, Wright also praised the new chain of discounted gas stations across Pennsylvania and New Jersey, Freedom Fuel, which promises customers prices below the national average.
The Trump administration, though not involved with the network, has heavily endorsed the new chain and its 25 locations.
“We love it,” Wright said when asked about Freedom Fuel. “I mean, look, any mechanism we can to lower energy costs for Americans of all kinds, we’re all in on.”
“With Freedom Fuels, they’re just lowering it down to their wholesale price of gasoline,” Wright said. “So they’re not making any money selling gasoline, but they’ve got convenience stores. That’s how most gas stations make money.”
NEWSOM UNDER FIRE AS CALIFORNIA GAS TAX HIKE SENDS PUMP PRICES EVEN HIGHER
Gasoline costs are a known concern for many Americans, and amid surging prices there has been a considerable increase in those opting to purchase electric vehicles to save money long-term at the pump — with Tesla dominating the market for these types of models.
Wright argued one of the benefits to living in America is having the option to choose what type of vehicle you drive.
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“We just want people to buy what they would prefer,” he told Fox News Digital when asked his thoughts on increasing calls for support of the electrification of cars. “Consumer choice — you wanna buy an electric car, you wanna buy a gas powered car, diesel powered car, buy a big truck. That’s the choice.”
“That’s why you live in America. You get the choice of all those.”
Politics
Black mold and $1 wages: Settlement forces immigrant detention centers to protect workers
In 2023, California regulators levied more than $100,000 in fines against the private operator of a federal immigration facility, kicking off a three-year battle over whether detainees who do work at the facilities should be considered employees.
The question went beyond semantics: If considered employees, the detainees would be subject to state worker protection laws.
A legal settlement announced this week now affirms that private immigrant detention facilities are subject to California’s workplace safety and health requirements.
“Every worker deserves a safe and healthy workplace and should be able to report workplace hazards without fear of retaliation,” said Denisse Gómez, spokesperson for the California Division of Occupational Safety and Health or Cal/OSHA.
“Individuals who perform work in these facilities are entitled to workplace safety protections, and this settlement reinforces Cal/OSHA’s commitment to enforcing those protections and safeguarding vulnerable workers,” she added.
Under the settlement between California and the GEO Group, a Florida-based private prison company, the company recently withdrew its legal challenges and agreed to pay more than $100,000 in the fines.
The GEO Group did not respond to requests for comment.
Back in 2023, Cal/OSHA issued $104,510 in fines against the GEO Group. The agency had found six violations of state code by the company after detainees complained about a lack of protective equipment and proper training while cleaning the facility for $1 per day.
Detainees alleged they routinely wiped black mold off shower walls at the facility, saw black dust spew from air vents and used cleaning solutions that lacked instructions during the COVID-19 pandemic.
The biggest fine levied against the GEO Group was for failure to establish and maintain “effective written procedures to reduce employee risk of exposure to aerosol transmissible disease.”
Advocates viewed Cal/OSHA’S recognition of the detainees as workers as a victory that could pave the way for future labor rights fights at other detention centers in the state.
But the GEO Group appealed, arguing that detainees participating in ICE’s voluntary work program make their own schedules and aren’t employees, so hazard exposure couldn’t be “as a result of assigned duties,” as California law states. Plus, the company argued, there wasn’t enough evidence that detainees were exposed to any hazard.
Early last year, the state’s Occupational Safety and Health Appeals Board rejected the GEO Group’s argument and found that detainees should be considered “affected employees.”
The GEO Group sued, but three days before a California Superior Court hearing in May, the company and Cal/OSHA reached the settlement.
Along with paying the fines, the GEO Group agreed to draft plans for avoiding aerosol transmissions at 12 secure and reentry facilities in California, including five detention centers that hold immigrants.
“GEO ensures detainees are afforded the necessary tools, equipment, and personal protective equipment … to safely and effectively perform any necessary tasks,” the settlement states.
Gómez said the settlement also leaves intact the appeals board’s ruling that civil immigration detainees who participate in work programs can participate in proceedings anonymously, “acknowledging the potential for retaliation when individuals raise workplace safety concerns.”
But the question of whether detainees are employees and deserve certain protections isn’t entirely resolved — at least not for the federal government.
Last month, U.S. Immigration and Customs Enforcement released new standards for detention facilities across the country. The revised guidelines “emphasize that detainee volunteers participating in the voluntary work program are not considered facility and/or government employees” and thus not entitled to labor regulations.
Attorney Mariel Villarreal said the timing of the new detention standards made her question whether the GEO Group had asked ICE to specify in its standards that detainees are not workers in response to its battle with Cal/OSHA.
“To me, it’s a reaction to this very settlement,” she said. Villarreal works for the California Collaborative for Immigrant Justice, which filed the original complaint on behalf of detainees who said they worked in unsafe conditions.
Villarreal pointed to a Washington Post report that GEO Group executives privately asked ICE to specify that detainees are not employees of the facilities where they work. Two top Trump administration officials, border czar Tom Homan and acting ICE director David Venturella, previously worked for the GEO Group.
New versions of ICE detention standards take effect as contracts are established or modified, so this year’s rules won’t immediately apply to every facility.
An ICE spokesperson did not comment about the settlement. The spokesperson, who did not provide their name in an emailed statement Wednesday, said the agency has begun transitioning detention facilities to meet the 2026 standards, “building on its longstanding commitment to safe, secure, and professional detention operations.”
“ICE has consistently implemented many of these best practices independently, reinforcing its role as the leader in detention operations,” the spokesperson added.
The GEO Group and other immigrant detention center operators have faced other legal battles over workers’ rights, including lawsuits in Washington, Colorado and California over the $1-per-day payment.
Villarreal said she’s confident that the Cal/OSHA settlement would continue to hold even if California facilities incorporated the new standards. But she said she believes the statements are an attempt by the GEO Group to “sidestep responsibility” and avoid the possibility of being fined under similar circumstances in other states.
“These statements in the new standards are a way for them to try and preserve profits as much as possible,” she said. “GEO and ICE are so intertwined at this point that they have the same motives.”
Politics
Israel shares intelligence warning Iran plotted new assassination attempt against Trump: report
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Israel recently shared intelligence with the United States indicating Iran had developed a fresh plan to assassinate President Donald Trump, according to a Wall Street Journal report Thursday citing people familiar with the matter.
The reported intelligence would mark an escalation in the longstanding threats against Trump, who Iran has repeatedly vowed to retaliate against over the 2020 U.S. strike that killed Islamic Revolutionary Guard Corps Gen. Qassem Soleimani.
The White House referred Fox News Digital to Trump’s remarks Wednesday when asked about the report.
TRUMP FACES UNPRECEDENTED THIRD ASSASSINATION ATTEMPT
President Donald Trump speaks during a news conference at the NATO Summit in Ankara, Turkey, July 8, 2026. Trump addressed threats against his life after a report said Israel shared intelligence with the United States about an alleged new Iranian assassination plot. (Kerem Uzel/Bloomberg via Getty Images)
“They want to take out the U.S. leader — me. I’m on whatever list. I saw this morning I’m on every single one of their lists,” Trump said. “And, so far, I guess I’ve been a bit lucky, but maybe that doesn’t last very long. These are evil, sick people. And we have to root out that cancer. That cancer. You know what you do? You’ve got to cut out cancer early. And that’s the way I feel.”
Fox News Digital has also reached out to Israel’s Embassy in Washington and Iran’s Mission to the United Nations for comment.
The Journal reported the intelligence surfaced as Trump and Israeli Prime Minister Benjamin Netanyahu have diverged in recent weeks over how to proceed after last month’s conflict with Iran. Netanyahu has advocated for continuing military pressure on Tehran, while Trump has sought to preserve a fragile ceasefire after U.S. strikes on Iranian nuclear sites.
NETANYAHU REJECTS REPORTS OF A RIFT WITH PRESIDENT TRUMP, SAYS THE TWO REMAIN ALIGNED ON IRAN
President Donald Trump, left, and Israeli Prime Minister Benjamin Netanyahu at the White House March 25, 2019. The leaders spoke Thursday after The Wall Street Journal reported Israel had shared intelligence with the United States about an alleged new Iranian plot targeting Trump. (AP Photo/Susan Walsh, File)
Trump and Netanyahu spoke Thursday and agreed to continue coordination between the two countries, according to a statement from Netanyahu’s office, which said Trump also updated the Israeli leader on recent U.S. activity in the Gulf.
Prime Minister Benjamin Netanyahu during his conversation with U.S. President Donald Trump. (Avi Ohayon/GPO)
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Iranian mourners at the funeral for Supreme Leader Ali Khamenei chanted for Trump’s death and displayed a banner that said, “We Will Kill Trump,” according to the Journal.
Iran has publicly vowed for years to retaliate against Trump over the U.S. operation that killed Soleimani, the former commander of the Islamic Revolutionary Guard Corps’ Quds Force, in Baghdad in January 2020.
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