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Opinion | Trump’s sly ‘I’m immune from prosecution’ claim finally runs aground

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Opinion | Trump’s sly ‘I’m immune from prosecution’ claim finally runs aground


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.

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.

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“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.

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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.

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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.



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Coyotes in Washington carry tapeworms that can be passed to dogs, humans in rare cases

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Coyotes in Washington carry tapeworms that can be passed to dogs, humans in rare cases


Coyotes in Washington carry tapeworms that can be passed to dogs, humans in rare cases – OPB

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Boys lacrosse: Cold Spring Harbor vs. Port Washington

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Boys lacrosse: Cold Spring Harbor vs. Port Washington


Cold Spring Harbor played Port Washington in a Nassau boys lacrosse game on Tuesday, April 14, 2026.

Credit: David Meisenholder

Andrew Ioannou of Cold Spring Harbor shoots against Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

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Daniel Touhy of Cold Spring Harbor changes direction while looking to evade the Port Washington defense during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

Max Eynon of Port Washington makes a save against Cold Spring Harbor during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

Matt Kammer of Cold Spring Harbor deflects a shot for a save against Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

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Credit: David Meisenholder

Colby Koeningsberger of Cold Spring Harbor advances the ball against Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

Rex O’Connor of Cold Spring Harbor controls the ball late in the 4th quarter against Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

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Andrew Ioannou of Cold Spring Harbor runs past Jimmy Gannon of Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

Dylan Reilly, left, and Rex O’Connor of Cold Spring Harbor celebrate after a goal during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

Dylan Reilly of Cold Spring Harbor rips a shot on goal against Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

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Credit: David Meisenholder

Colby Koeningsberger #2 of Cold spring harbor looks for an open teammate to pass to against Port Washington during a league 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026

Credit: David Meisenholder

Andrew Ioannou of Cold Spring Harbor looks to dodge Jimmy Gannon of Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

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Rex O’Connor, left, and Jake Telesco of Cold Spring Harbor celebrate after a goal against Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

Dylan Reilly of Cold Spring Harbor controls the ball against Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

Roy Testa of Cold Spring harbor looks for an open teammate against Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

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Credit: David Meisenholder

Roy Testa of Cold Spring Harbor advances the ball against Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

Jake Feinstein of Port Washington puts pressure on Rex O’Connor of Cold Spring Harbor during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

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Rex O’Connor of Cold Spring Harbor looks to dodge the Port Washington defense during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

Harry Eynon of Port Washington comes around the crease against Cold Spring Harbor during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

Credit: David Meisenholder

Goalie Matt Kammer of Cold Spring Harbor advances the ball after a save against Port Washington during a Nassau League 1B boys lacrosse game at Port Washington on Tuesday, April 14, 2026.

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Aviation safety bill based on DC midair collision faces House vote Tuesday

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Aviation safety bill based on DC midair collision faces House vote Tuesday


An aviation safety bill seeking to address lessons learned from last year’s midair collision of a jet with an Army helicopter near the nation’s capital is up for a vote Tuesday evening in the House, but key senators and the families of the 67 victims think the bill needs to be strengthened.

The House bill, called the Alert Act, has the backing of key industry groups. The National Transportation Safety Board said recently that the legislation, since amended, now addresses its recommendation to require all aircraft flying around busy airports to have key locator systems that let pilots know more precisely where other aircraft are flying around them.

The NTSB has been recommending the new technology systems since 2008, and Chairwoman Jennifer Homendy has said such a system would have prevented the collision of the American Airlines jet and Army Black Hawk helicopter that sent both aircraft plunging into the icy Potomac River.

Two key House committees unanimously advanced the bill last month. The bill is now being brought up for a full House vote under rules that won’t allow any amendments. But victims’ families said they want to make sure the bill has strict timelines to guarantee the reforms will be completed. And they worry the House bill would allow military flights to continue flying without broadcasting their locations on routine training flights and not just secret missions.

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“January 29, 2025 made clear what is at stake. The 67 lives lost that day should be honored with an improved system that prevents this from happening again,” the main families group said Tuesday in a new statement. “And the flying public should not have to wait longer than necessary for those protections to be in place.”

Sponsored by Republican Sam Graves and Democrat Rick Larens, the legislation needs to secure two thirds of House support to advance to the Senate. Separate legislation called the ROTOR Act that the Senate crafted came up one vote short in the House. Senators Ted Cruz and Maria Cantwell have also said the Alert Act still needs to be improved.

Earlier this year, the NTSB’s Homendy sharply criticized the original version of the bill as a “watered down” measure that wouldn’t do enough to prevent future tragedies. But the board said the revised version would now address the shortcomings their investigation identified and require the Federal Aviation Administration, Transportation Department and the military to take needed actions.

National Transportation Safety Board members at a hearing in late January were deeply troubled over years of ignored warnings about helicopter traffic dangers and other problems, long before the collision.

Everyone aboard the American Airlines jet, flying from Wichita, Kansas, and the helicopter died when the two aircraft collided. It was the deadliest plane crash on U.S. soil since 2001, and the victims included 28 members of the figure skating community.

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A helicopter route in the approach path of a Reagan National Airport runway didn’t ensure enough separation between helicopters and planes landing on the airport’s secondary runway, and the route wasn’t reviewed regularly, the board said. The poor design of that route was a key factor in the crash along with air traffic controllers relying too much on pilots seeing and avoiding other aircraft.

The bill now requires planes to have Automatic Dependent Surveillance-Broadcast In systems that can receive data about the locations of other aircraft. Proponents of the use of such systems said they would have alerted the pilots of an American Airlines jet sooner about the impending collision with the Black Hawk helicopter. Most planes already have the complementary ADS-B Out systems that broadcast their locations.

The NTSB cited systemic weaknesses and years of ignored warnings as the main causes of the crash, but Homendy has said that if both the plane and the Black Hawk had been equipped with ADS-B In and the systems had been turned on, the collision would have been prevented. The Army’s policy at the time of the crash mandated that its helicopters fly without that system on to conceal their locations, although the helicopter involved in this crash was on a training flight, not a sensitive mission.



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