Donald Trump’s bid to evade criminal accountability for seeking to undo the 2020 election results might finally be hitting a brick wall. With Trump in attendance, a three-judge federal appeals court panel seemed ready to reject the former president’s preposterous assertion of absolute immunity from prosecution for his official conduct, even after leaving office.
Washington
Opinion | Trump’s sly ‘I’m immune from prosecution’ claim finally runs aground
The audacity of Trump’s claim has been evident since he raised it in the fall, as was the near-certainty that it would ultimately fail. Still, there was something clarifying about hearing his motion to dismiss demolished by the judges of the U.S. Court of Appeals for the D.C. Circuit: George H.W. Bush appointee Karen L. Henderson, joined by Biden nominees Florence Y. Pan and J. Michelle Childs.
“We think we had a very good day today,” Trump predictably declared after the oral argument Tuesday. But his spin does not make it so. The panel’s questions got to the heart of Trump’s staggering overreach. Their hypotheticals exposed the intolerable consequences of establishing such immunity.
And they confronted Trump lawyer D. John Sauer with the concessions his legal predecessors had made on Trump’s behalf long before: in the New York criminal investigation, that Trump enjoyed only “temporary presidential immunity,” while in office; in the second impeachment trial, that Trump could be criminally charged and so didn’t need to be convicted.
“We have a judicial process in this country. We have an investigative process in this country to which no former officeholder is immune,” Trump lawyer David Schoen said at the time of the second impeachment. “That is the process that should be running its course. That is … the appropriate one for investigation, prosecution and punishment.”
If there was any question, going into the argument, about whether Henderson would join the two Biden nominees, her comments suggested the likelihood of a unanimous result, upholding the trial judge’s ruling against Trump.
Henderson expressed some hesitation about the consequences of such a decision, asking: “How do we write an opinion that will stop the floodgates” of tit-for-tat prosecutions of former presidents? But she also questioned Sauer’s argument about Trump’s asserted immunity. “I think it’s paradoxical to say that [Trump’s] constitutional duty to take care that the laws be faithfully executed allows him to violate criminal laws,” Henderson observed.
The most chilling part of the Trump team’s argument — the part that revealed the implications of granting presidents the broad immunity Trump claims — involved SEAL Team 6, the elite military unit. Pan put the question to Sauer: “Could a president order SEAL Team 6 to assassinate a political rival?”
Sauer hedged, saying a president who issued such an order would be quickly impeached and convicted — the necessary predicate, he argued, for launching a criminal prosecution.
Pan pressed Sauer. “So, he’s not impeached or convicted, we’ll put that aside,” Pan said, “you’re saying a president could sell pardons, could sell military secrets, could order SEAL Team 6 to assassinate a political rival.”
Assistant special counsel James Pearce underscored the unthinkable consequences of that position. “What kind of world are we living in if … a president orders his SEAL Team to assassinate a political rival and resigns, for example, before an impeachment — not a criminal act,” he said. “A president sells a pardon, resigns or is not impeached — not a crime. I think that is an extraordinarily frightening future.”
There’s a subtle but important legal point embedded here as well. As Pan noted, the interchange revealed an inherent weakness in Trump’s argument: If a president who has gone through House impeachment and Senate conviction can be prosecuted, then the immunity that the Trump team claims is obviously not absolute. And if Trump’s lawyers are wrong about the necessity of prior impeachment proceedings — and they are, for reasons I’ll explain — then their case falls apart.
“Once you concede that presidents can be prosecuted under some circumstances, your separation-of-powers argument falls away and the issues before us are narrowed to: Are you correct in your interpretation of the impeachment judgment clause — does the impeachment judgment clause actually say what you say it says?” Pan told Sauer. “That’s all that really we need to decide.”
The impeachment clause of the Constitution provides that “the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.” Trump’s lawyers take that to mean that subsequent prosecution is barred if impeachment or conviction fail.
But as U.S. District Judge Tanya S. Chutkan pointed out in rejecting Trump’s argument last month, “reading the Clause to grant absolute criminal immunity to former Presidents would contravene its plain meaning, original understanding, and common sense.” The purpose was to permit prosecution in spite of Senate conviction, Chutkan noted, not to prevent it in the absence of impeachment proceedings.
There are additional wrinkles here. The court could rule that Trump doesn’t even have the right to appeal at this early stage in his criminal trial, although the special counsel agrees with Trump’s lawyers that the appeal is permitted before trial and possible conviction. As a practical matter, that would kick the can down the road but not interfere with prosecutors’ ability to bring the case to trial.
And that is the real point of the immunity dispute. Trump’s lawyers don’t really expect to win it — they just want to run out the clock, past the current March 4 trial date and, preferably, past Election Day. That won’t take just a quick ruling by Tuesday’s panel to avoid, but also an equally swift disposition by the full appeals court or Supreme Court, when the case inevitably comes its way.
Timing isn’t everything here, but it’s awfully close.
Washington
Washington state takes stock of flooding damage as another atmospheric river looms
And while the river did see record flows at Mount Vernon, both the dikes and a downtown floodwall held up. The city isn’t out of the woods yet — Ezelle said the Skagit could return to a major flood stage next week.
In the nearby town of Burlington, the river did overtop a slough off the Skagit. Officials sent a warning early Friday morning to evacuate for all 11,000 Burlington residents as some neighborhoods and roadways flooded, though not all of them ultimately needed to leave.
“In the middle of the night, about a thousand people had to flee their homes in a really dire situation,” Gov. Bob Ferguson said in a news conference on Friday afternoon.
The flood event has set records across Washington state and it prompted officials to ask about 100,000 people to evacuate this week, forced dozens of rescues and caused widespread destruction of roads and other infrastructure.
Washington state is prone to intense spells of fall rainfall, but these storms have been exceptional. The atmospheric rivers this week dumped as much as 16 inches of rain in Washington’s Cascade mountains over about three days, according to National Weather Service data.
Because many rivers and streams were already running high and the soil was already saturated, the water tore through lowland communities. The Skagit River system is the third biggest on the U.S. west coast, and at Mount Vernon, this is the highest the river has ever run in recorded history.
“There has been no reported loss of life at this time,” Ferguson said. “The situation is very dynamic, but we’re exceedingly grateful.”
By Friday afternoon, while many roadways near Burlington remained closed, parts of downtown bustled with car traffic, as national guardsmen were waving people away from road closures and curious residents were out snapping photos of the swollen Skagit. Downstream, in the town of Conway, a tree trunk and the metal siding of a trailer could be seen racing away in the current.
The dramatic week of flooding sets the stage for a difficult recovery, in a growing state that’s already struggling to provide shelter to homeless residents. It’s not clear how many homes have been damaged, but neighborhoods in dozens of towns and cities took on water. Recovery won’t be quick — after flooding in 2021, some residents who lost their homes were displaced for months.
President Donald Trump on Friday signed the state’s request for an expedited emergency declaration, which will enable people to seek individual assistance from the Federal Emergency Management Agency for things like temporary housing and home repairs. The measure will also allow state and local governments to seek federal assistance to remove debris and repair roads, bridges, water facilities and other infrastructure.
The Trump administration has made suggestions it would overhaul FEMA and prove less disaster relief to states. In left-leaning Washington, the president’s pen to paper offered another an initial sigh of relief.
“One of the challenges that we’ve had with the administration in the past is that they don’t really want to do longer term recovery,” said Rep. Rick Larsen, who represents Burlington and Mount Vernon. In an interview with NBC News, Larsen added that the declaration was “an indication that they understand how disastrous this particular disaster is and we’re not out of it yet.”
The next atmospheric river storm on tap will likely arrive Sunday night.
Jeff Michalski, a meteorologist at the National Weather Service in Seattle, said a few days of dry weather will allow most rivers to recede, before they begin to swell again on Tuesday, as the rainfall pulses downstream.
Lowland parts of western Washington will receive about an inch of rain during the storm; the mountains could get up to three.
“It could possibly either prolong flooding or cause renewed flooding on some of the rivers,” Michalski said. “A few rivers may bump back into flood stage moving into the Tuesday, Wednesday time frame, but we’re not expecting widespread major flood levels like we have seen.”
After Wednesday, the forecast calls for more rain in lowland Washington and heavy snow in the Cascades.
“It does not let up,” Michalski said.
Ferguson said the situation would remain “dynamic and unpredictable” over the next week.
“This is not just a one- or two- day crisis. These water levels have been historic and they’re going to remain very high for an extended period of time,” Ferguson said. “That puts pressure on our infrastructure. The infrastructure has, for the most part, withstood the challenge so far.”
Washington
Portland State tabs Division II coach to take over football program
Less than three weeks after firing longtime football head coach Bruce Barnum, Portland State has found a replacement in an attempt to revive the struggling program.
The school reached an agreement this week with Central Washington head coach Chris Fisk, a source close to the program confirmed. The Wildcats went 48-22 in Fisk’s four-year tenure and reached the Division II playoffs each of the last three years.
He was expected to meet with his players in Ellensburg Friday morning.
Originally from Pocatello, Idaho, Fisk was previously the co-offensive coordinator and coached the offensive line at CWU. He held the same role at NAIA Southern Oregon from 2011-15.
Fisk was among 12 candidates who interviewed for the position, with Fisk emerging quickly as teh favorite.
He is expected to be introduced at Portland State early next week.
Central Washington finished 10-2 this season, including a 9-0 mark in the Lone Star Conference to win the 10-team league. Last month, the American Football Coaches Association honored Fisk as the Division II Super Region 4 Coach of the Year.
The 48-year-old Fisk steps into the position with a mountain of challenges ahead of him. The obstacles facing Portland State football have been well-told, from their lack of resources to playing home games nearly 15 miles from campus at Hillsboro Stadium.
Fisk will also face fundraising challenges, especially in the age of NIL and revenue sharing — areas that PSU has admittedly lagged.
His predecessor, Barnum, went 39-75 in 11 seasons, posting a winning record just once. Barnum often lamented the school’s need to play multiple “money” games each season against Football Bowl Subdivision opponents to subsidize costs.
This fall, the Vikings went 1-11, with their lone win coming on Nov. 1 at Cal Poly. Barnum was fired on Nov. 22 with one year and $210,000 remaining on his contract.
It was not immediately clear how much Fisk will earn in his first season, but the salary is expected to be similar to that of Barnum.
Fisk is the second head coach hired by athletic director Matt Billings since he ascended to athletic director last winter. In April, he tabbed former Portland Pilots star Karlie Burris to lead the women’s basketball program.
Washington
Dulles passenger hurt after getting stuck in baggage claim equipment
A passenger got stuck in baggage claim equipment at Washington Dulles International Airport on Thursday morning and is hurt, authorities say.
The adult made “an unauthorized entry into the baggage delivery system” and got trapped, the Metropolitan Washington Airports Authority said.
Stream NBC4 newscasts for free right here, right now.
The person needed to be freed by fire and rescue crews and was taken to a hospital at about 9 a.m.
No information was immediately released on how the person got stuck in the equipment or the extent of their injuries.

‘Crashed into a wall at speed’: Traveler describes Dulles mobile lounge accident

Dulles police officers out after criminal, administrative investigations

Trump says he’s rebuilding Dulles airport while his administration is fixing the ‘people movers’
The emergency comes a week after President Donald Trump said his administration will rebuild the airport, which he called “terrible.”
Last month, a mobile lounge at the airport crashed into a concourse dock, sending 18 people to the hospital. One man told News4 he got a concussion after the people mover shuttle “crashed into a wall at speed.”
New legislation would return airspace regulations around Reagan National Airport to where they were before the midair collision. Transportation Reporter Adam Tuss explains.
Stay with NBC Washington for more details on this developing story.
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