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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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PHOTOS: Long Beach State Dirtbags vs. Washington State, Baseball

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PHOTOS: Long Beach State Dirtbags vs. Washington State, Baseball


The562’s coverage of Dirtbags Baseball for the 2026 season is sponsored by P2S, Inc. Visit p2sinc.com to learn more.

Long Beach State dropped a 9-7 decision against Washington State on Sunday afternoon, closing out a busy weekend on Bohl Diamond at Blair Field.

The visiting Cougars took the lead for good in the eighth inning when Long Beach Poly grad Ryan Skjonsby delivered a game-winning two-run single with two outs and the bases loaded. Skjonsby was 2-for-4 with a walk, a run scored and three RBIs for Washington State in their road victory.

For the Dirtbags, catcher Damon Valdez scored twice and had a key two-run single in the sixth to help lead a Long Beach comeback. Trevor Goldenetz had a pair of hits at the top of the order, including an RBI triple. Camden Gasser walked twice and singled, improving his on-base percentage to .574 on the season.

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Long Beach State (4-7) will be back in action at home on Tuesday with an exhibition match against Waseda University from Japan. The Dirtbags will then visit San Diego State on Wednesday and open Big West play at UC Santa Barbara this weekend.





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Week Ahead in Washington: March 1

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Week Ahead in Washington: March 1


WASHINGTON (Gray DC) – Operation “Epic Fury” — the weekend military operations carried out by the U.S. and Israel against targets in Iran — tops the agenda for Congress as lawmakers return to Washington.

Sunday, President Donald Trump said the new leadership in Iran wants to talk to the Trump Administration.

Democrats in both chambers called for Congress to return as soon as possible for classified briefings on Iran, followed by a move to vote on the War Powers Act. The Constitution gives Congress the power to declare war on another country.

Congress’ return to Washington was originally delayed due to the start of the 2026 midterm elections cycle.

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Tuesday, voters in Arkansas, North Carolina and Texas head to the polls for primary elections.

North Carolina and Texas are drawing significant attention, as both states are facing congressional redistricting and competitive primary races for Senate seats.

In Texas, incumbent Sen. John Cornyn (R) is facing primary challenges from state Attorney General Ken Paxton and Rep. Wesley Hunt. On the Democratic side, Rep. Jasmine Crockett is facing state Rep. James Talarico.

In North Carolina, candidates are vying to replacing retiring Sen. Thom Tillis (R) . They include former Governor Roy Cooper (D) and former Republican National Committee Chair Michael Whatley.

Also this week, the Rev. Jesse Jackson is laid to rest. He will be honored Wednesday in Washington before a final memorial service Saturday. Jackson died Feb. 17.

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Caps Fall in Montreal, 6-2 | Washington Capitals

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Caps Fall in Montreal, 6-2 | Washington Capitals


Cole Caufield scored in the first minute of the first period and added another goal later in the frame, sparking the Montreal Canadiens to a 6-2 win over the Capitals on Saturday night at Bell Centre.

Washington entered the game with a modest three-game winning streak and six wins in its last seven games. Although they were able to briefly draw even with the Habs after Caufield’s opening salvo, Caufield and the Canadiens responded quickly and the Caps found themselves chasing the game for the remainder of the night.

“I didn’t mind some of the things that we did tonight,” says Caps coach Spencer Carbery. “I thought we created enough offensively, we just made way too many catastrophic mistakes to be able to sustain that.”

In the first minute of the game, Caufield blocked a Jakob Chychrun point shot, tore off on the resulting breakaway and beat Charlie Lindgren for a 1-0 lead for the Canadiens, half a minute into the contest. Lindgren was making his first start since Jan. 29, following a short stint on injured reserve for a lower body injury he sustained in that game.

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After the two teams traded unsuccessful power plays, the Caps pulled even in the back half of the first. With traffic in front, Declan Chisholm let a shot fly from the left point. The puck hit Anthony Beauvillier and bounded right to Alex Ovechkin, who had an easy tap-in for career goal No. 920 at 13:16 of the first.

But Montreal came right back to regain the lead 63 seconds later, scoring a goal similar to the one Ovechkin just scored.

From the left point, Canadiens defenseman Jayden Struble put a shot toward the net. It came to Nick Suzuki on the goal line, and the Habs captain pushed it cross crease for Caufield to tap it home from the opposite post at 14:19.

Less than two minutes later, Lindgren made a dazzling glove save to thwart Caufield’s hat trick bid.

Midway through the middle period, Montreal went on the power play again. Although the Caps were able to kill the penalty, the Habs added to their lead seconds after the kill was completed; Mike Matheson skated down  a gaping lane in the middle of the ice and beat Lindgren from the slot to make it a 3-1 game at 12:22.

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Minutes later, Montreal netminder Jakub Dobes made a big stop on Aliaksei Protas from the right circle, and Suzuki grabbed the puck and took off in the opposite direction. From down low on the right side, he fed Kirby Dach in the slot, and Dach’s one-timer made it 4-1 for the Canadiens at 16:34 of the second.

In the waning seconds of the second, Dobes made one of his best stops of the night on Beauvillier, enabling the Canadiens to carry a three-goal lead into the third.

Those two quick goals in the back half of the second took some wind out of the Caps, who were playing their third game in four nights following the three-week Olympic break.

“We kill off a penalty, and then we end up going down 3-1right after the penalty,” says Caps center Nic Dowd. “Those are challenging to give up, right? You do a good job [on the kill], it’s a 2-1 game, and then all of a sudden, before you blink, it’s 4-1 and then the game gets away from you.

“And they defended well tonight; It’s tough to score goals in this League, and you go into the third period, and you’ve got to score three. You saw that [Friday] night when we played Vegas; they were able to score two, but it’s tough to get that third one. I think we have to manage situations a little bit better. It’s a 2-1 game on a back-to-back, we just kill a penalty off, or maybe we just have a power play – whatever it is – we have to manage that, especially in an arena like this, where the crowd gets into it on nothing plays. They can really sway momentum – and in a good way – for their home team.

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“We just have to understand that if we don’t have our legs in certain situations, because of travel, it’s back-to-back or whatever, we really have to key into the details of the game and not let things get away from us quickly.

With 7:28 left in the third, Ovechkin netted his second of the game – and the fifth goal he has scored in this building this season – on a nice feed from Dylan Strome to pull the Caps within two goals of the Habs, who have coughed up some late leads this season.

But Montreal salted the game away with a pair of late empty-net goals from Suzuki and Jake Evans, respectively.

In winning six of their previous seven games, the Caps had been playing with a lead most of the time. But playing from behind virtually all night against a good team in a tough building is a tall task under any circumstances. And it was exactly that for the Caps on this night.

“They score on the first shift,” says Strome. “Obviously, Saturday night in Montreal is as good and as loud as it gets. They just got a fortunate bounce; puck was off Caulfield’s leg, and a perfect bounce for a breakaway. It’s just one of those things where we got down early and now they kind of fed off the momentum of the crowd.

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“But I still think our game is in a good spot, and we’ve just got to keep stacking wins. Obviously, we’ve played more games than everyone so we’re going to need some help, but we’ve just got to keep stacking wins. It’s tough on the back-to-back in Montreal, but we’ll find a way to bounce back on Tuesday [vs. Utah at home] and then go from there.”



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