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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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Washington Syrah Is the State’s Best-Kept Secret

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Washington Syrah Is the State’s Best-Kept Secret


This story is from an installment of The Oeno Files, our weekly insider newsletter to the world of fine wine. Sign up here.

While Washington State has become well known for its Cabernet Sauvignon and Bordeaux-style blends in recent years, it is also home to many producers making outstanding Syrah. With just a 40-year history of cultivation in the state, Syrah is now the second most-produced red wine there as well as its best-kept secret. First planted in Washington in 1986, some early releases were treated like Cabernet Sauvignon with a lot of new oak and one-size-fits-all production method, but over time a broad spectrum of expressions has arisen among the state’s Syrahs.

Elsewhere in the U.S.A. it might seem like wineries are holding back the most exciting bottles for their neighbors, but Washington Syrah is more widely available than one might think, especially on restaurant tables. Landry’s Inc.—which operates more than 500 restaurants across the country including steakhouses such as Morton’s, Del Frisco’s, and the Palm—serves more than a dozen Washington Syrahs and a wide range of Syrah blends from the state. Scott Tarwater, corporate director of wine and special events, describes Washington Syrah as “a rugged, mountain man, unshaven, but worldly, down to earth, and plain spoken.” While he enjoys it for its savory character, he also likes that it is full of jammy notes such as boysenberry, black raspberry, and pomegranate alongside hints of ripened olives and pipe tobacco.

One of the drivers of quality in the last 20 years is the adoption of Old World techniques like stem inclusion and the use of concrete vessels, large‑format oak casks, and neutral oak barrels to let the fruit do the talking. Improved vineyard techniques have allowed for site expression to become clearer as well, with the Rocks District and Royal Slope showing savory and mineral characteristics, Red Mountain and Horse Heaven Hills bringing out more power and ripeness, and Yakima Valley showcasing a mix of the two styles.

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Matt Reynvaan, founder and winemaker of R|A Family Wines, makes his JDA Project Syrah from a vineyard in the Rocks District that is defined by ancient riverbed soils layered with dense cobblestone. “These stones retain and radiate heat, lending intensity, structure, and unmistakable minerality to the fruit,” he explains. Replanted in 2020, the vineyard was designed with clonal diversity and precision farming practices tailored block by block. “Syrah is interplanted with small amounts of Viognier, and each section contributes a unique dimension, from power and structure to elegance and purity, resulting in a wine that is both complex and site driven,” Reynvaan says.

DeLille’s vineyards

DeLille

At Two Vintners, winemaker and partner Morgan Lee produces four different Syrahs including a Columbia Valley cuvée, a Rocks District bottling and single-vineyard expressions from Horse Heaven Hills and Yakima Valley, working with 13 distinct vineyards across six AVAs. “Each patch of dirt puts a stamp of individuality on the wine,” he says. “The beauty of Syrah is that it absorbs its surroundings like nothing else. It is a chameleon. It is so exciting to taste these individual parcels side by side and see how thrillingly different they are from one another.” Leaning heavily into a Northern Rhône style in his vineyard sourcing, Lee also employs Rhône techniques like native-yeast fermentation and whole-cluster pressing.

Washington’s first Syrah was planted in the Red Willow Vineyard in the foothills of the Cascades in the far northwest portion of the Yakima Valley by Mike Sauer in 1986, and winemaker Nick Bernstein utilizes fruit from that original block for DeLille Red Willow Syrah. “The Syrah here thrives on steep slopes of poor volcanic soils and creates powerful wine with deep concentration,” Bernstein says. In addition to that and DeLille’s Grand Ciel estate vineyard on Red Mountain, Bernstein also buys fruit from Boushey Vineyard, whose proprietor Dick Boushey has been a prominent grower for 45 years. This cooler site allows for more hang time, flavor development, and acid retention, leading to an earthier Syrah with dark fruit notes.

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The wide diversity of Syrah can be seen in Liminal’s two offerings, High Canyon Syrah and Block 16 Syrah, which come from blocks in the WeatherEye Vineyard in the Red Mountain AVA that are about 500 yards apart but differ in aspect, elevation, and clonal selection. Liminal winemaker and partner Chris Peterson says the High Canyon block has elements of black fruits, minerals, and cured olive that remind him of Côte-Rôtie. “This is why we co-ferment with about 4 percent Viognier and choose the specific barrels to age it in and accentuate these aspects,” he explains. Meanwhile, the Block 16 exhibits the “wild herb, cured meats, and firm structure” characteristics that recall Cornas, so he ages it in 500-liter puncheons, with a style of new barrel “that shows off this more feral side.”

One of the newest additions to the Evergreen State scene is Dossier Wine Collective, whose head winemaker Billo Naravane crafts its flagship Syrah with an eye on the Northern Rhône, especially Côte-Rôtie and Cornas. Sourced from three vineyards, it offers the aromatic elegance and finesse of Côte-Rôtie alongside the structure, focus, and depth of Cornas. “Our use of concrete during fermentation is intentional. Concrete preserves purity and freshness while lending the wine a tighter, more focused profile, a hallmark we admire in many traditional Northern Rhône Syrahs,” Naravane says.

On the east coast, diners at JF Restaurant’s eateries can enjoy Syrah from Walla Walla and Columbia Valley. Beverage director and partner Amy Racine tells clients unfamiliar with the style that “Washington Syrah is a crossover between the States and Rhône Valley. It has a savory, peppery backbone similar to the northern Rhône and a ripe and juicy fruit you can find in the States.” Calling it “a category that rewards curiosity,” she tells Robb Report, “Most guests come in with a fixed idea of what Syrah is supposed to taste like, usually a Rhône reference point, and Washington Syrah surprises them by being a little familiar yet entirely its own thing.”


Do you want access to rare and outstanding reds from Napa Valley? Join the Robb Report 672 Wine Club today.





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Divorces granted July 2-8 in Washington, Benton counties | Northwest Arkansas Democrat-Gazette

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Divorces granted July 2-8 in Washington, Benton counties | Northwest Arkansas Democrat-Gazette


The following divorces granted were recorded July 2-8 in the Benton and Washington county clerks’ offices:

BENTON COUNTY

25-1094. Heather Jones v. Michael Mazzarisi

25-1993. Sarah Waddle v. Brandon Waddle

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26-46. Samantha Hines v. Garrett Hines

26-266. Donna Boyd v. Russell Boyd

26-329. Tara Whitwam v. Brett Whitwam

26-354. April Timboe v. Matthew Timboe

26-397. Troy Hull v. Kaley McManamon

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26-419. Mark Hagel v. Michelle Hagel

26-437. Deborah Luper v. Donald Luper

26-470. Amanda Russell v. Christopher Russell

26-561. Audrey Mosher v. Dustin Mosher

26-562. Jacob King v. Ashley King

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26-649. Chris Edwards v. Sara Edwards

26-664. David Carpenter v. Hannah Holtrey

26-774. Lauren Armfield v. Alexander Armfield

26-775. Sandra Saldana v. Luis Saldana

26-785. Maritza Campos v. Luis De Los Santos

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26-798. Darell Shepard v. Rachel Lipscomb

26-802. Jeffery Nicholas v. Tracy Nicholas

26-809. Alicia Moreland v. Travis Moreland

26-814. Mellisa Dugger v. Matthew Crowne

26-817. Sabra Utting v. Derek Utting

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26-825. Laura Wortman v. Brian Wortman

26-827. Laura Dean v. Seth Dean

26-845. William Austen v. Krystal Austen

26-846. Janine Robin v. Henry Robin

WASHINGTON COUNTY

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24-472. Breayonda Bendickson v. Zackery Thompson

25-1333. Joshua Stephens v. Tiffany Pershall

25-1475. Jacqueline Lybrand v. Zachary Lybrand

25-1720. Jennifer McMahon v. Timothy McMahon

26-10. Janiky Rosario Madera v. Angel Ortiz Fuentes

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26-225. Carol Kaufman v. Charles Axtell

26-268. Elizabeth Lasiter v. Prashanth Kumaresan

26-367. Shawn Harp v. Angela Harp

26-414. Patricia Johnson v. Robert Pritchard

26-518. Francisco Ramirez v. Nicole Franz

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26-633. Debra Andrews v. Randy Brown

26-695. Jorge Azahares v. Dianelis Rodriguez



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Hulking four-star Arizona OL commits to Cal over Washington football

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Hulking four-star Arizona OL commits to Cal over Washington football


The Washington Huskies saw one of their most hotly contested offensive line targets in the 2027 class go elsewhere on Saturday afternoon when four-star offensive lineman DaJohn Yarborough announced his pledge to the California Golden Bears

The 6-foot-5, 340-pound product of Basha High School in Arizona, who is ranked as the nation’s No. 426 overall prospect and No. 25 interior offensive lineman by the 247Sports Composite, picked coach Tosh Lupoi and the Golden Bears out of a final four that also included Florida State, Mississippi State, and UW.

Although his junior year was cut short due to a fractured ankle, Fisch and offensive line coach Michael Switzer kept up a strong relationship with the hulking prospect, who has the size, physicality, and skill set the pair looks for from early contributors up front. However,

“The big man slides smoothly in pass protection and balances his weight well, always finding himself on the winning end of collisions with defenders,” Huskies Wire’s Alex Katson wrote in an evaluation of his film. “With such prototypical size and technique, Yarborough profiles as a player who could find himself in the NFL rather quickly with the right coaching staff during his time in college.”

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As Washington continues to build up its offensive line for the rigors of the Big Ten, Yarborough would have been viewed as a promising building block alongside Freshman All-American John Mills, former five-star Kodi Greene, and former four-star Champ Taulealea, who should make up the core of Switzer’s unit in 2027.

While the Huskies had consistently been viewed among the top suitors for Yarborough’s services, but Lupoi’s staff has shown early that it can make a big impact quickly on recruits all over the West. Without Yarborough, Washington’s 2027 class consists of three offensive linemen: four-star interior prospect Gecova Doyal, four-star center Reis Russell, and three-star offensive tackle Tye Kennedy.



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