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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 football displays depth, talent at first spring scrimmage

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Washington football displays depth, talent at first spring scrimmage


On a perfect day in Seattle for football, Washington took the field inside Husky Stadium for its first scrimmage of spring practice, and ahead of his third season at the helm, Jedd Fisch seemed pleased with the results.

“Guys played and competed their ass off,” he said after the Huskies ran 120 plays. “That’s the type of day we want to have…We have a lot to work on, but we’re excited that today gave us this opportunity.”

The 120 plays had a little bit of everything, but the biggest thing the Huskies showed during the day was that, despite the inexperience that Fisch’s coaching staff is looking to lean on at several positions, there’s plenty of talent littering the roster. The best example of that is sophomore safety Paul Mencke Jr., who had his best practice in a Husky uniform after Fisch announced on Saturday that senior CJ Christian is out for the year after suffering a torn Achilles tendon during Tuesday’s practice at the Virginia Mason Athletic Center.

“Paul’s done a great job of competing and being physical and playing fast, and you could see over these three years, he’s really grown into understanding now the system, and what’s asked of him as a safety,” Fisch said. “I think there’s a lot of in him that he wants to be like (safeties coach Taylor) Mays. He sees himself as a tall, linear, big hitter. So when you have your coach that is known for that type of play, I think Paul has done a great job.”

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Mencke was all over the field. Not only did he lay some big hits, just like his safeties coach did during his time at USC, but the former four-star recruit also tallied a pair of pass breakups, an interception in a 7-on-7 period, and multiple strong tackles to hold ball carriers to limited yards.

While the defense did a good job getting pressure throughout the day and making the quarterbacks hold the ball with different looks on the back end, with safety Alex McLaughlin, linebacker Donovan Robinson, and edge rusher Logan George all among the players credited for a sack, quarterback Demond Williams Jr. got an opportunity to show off how he’s improved ahead of his junior year.

Early on, he showed off his well-known speed and athleticism, making the correct decision on a read option, pulling the ball and scampering for a 25-yard gain before displaying his touch. Throughout the day, his favorite target was junior receiver Rashid Williams, whom he found on several layered throws of 15-plus yards in the various scrimmage periods of practice.

On a day when every able-bodied member of the team was able to get several reps of live action, here are some of the other noteworthy plays from the day.

Spring practice notebook

  • Freshman cornerback Jeron Jones was unable to participate in the scrimmage and was spotted working off to the side with the rest of the players rehabbing their injuries.
  • The running backs delivered a pair of big blows on the day. First, cornerback Emmanuel Karnley was on the receiving end of a big hit from redshirt freshman Quaid Carr before the former three-star recruit ripped off a 13-yard touchdown run on the next play. Later on, every player on offense had a lot of fun cheering on freshman Ansu Sanoe after he leveled Zaydrius Rainey-Sale, letting the sophomore linebacker hear all about it when the play was whistled dead.
  • Sophomore wide receiver Justice Williams put together a strong day with several contested catches, showing off his strong hands and 6-foot-4 frame, including a 25-yard catch and run off a drag route from backup quarterback Elijah Brown.
  • Of all the tackles for a loss the Huskies were able to rack up throughout the day, two stood out. First, junior defensive tackle Elinneus Davis burst through the middle of the line to wrap up freshman running back Brian Bonner. Later on, freshman outside linebacker Ramzak Fruean wasn’t even touched as he shot through a gap in the offensive line to track down a play from behind, letting the entire offensive sideline know about the play on his way back to his own bench.
  • The Huskies experimented with several defensive line combinations on Saturday, and for the first time this spring, it felt like freshman Derek Colman-Brusa took the majority of his reps alongside someone other than Davis, who he said has taken on an older brother role to help mentor the top-ranked in-state prospect in the 2026 class.

“Elinneus is a phenomenal guy. Great work ethic. He’s kind of taken on that older brother mentor for me. He’s been a great help just to learn plays and learn the scheme. Can’t say enough good things about the guy.”

  • Ball State transfer Darin Conley took a handful of reps with the first team, while rotating with Colman-Brusa, who got a lot of work in alongside Sacramento State transfer DeSean Watts.



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Sioux Falls art teachers show ‘incredible’ work at Washington Pavilion

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Sioux Falls art teachers show ‘incredible’ work at Washington Pavilion


Twenty Sioux Falls School District art teachers have their own original pieces on display at the Washington Pavilion’s University Gallery now through May 31.

The “Teachers as Artists” exhibit showcases their work not just as educators, but as artists inside and outside of the classroom, and highlights how art education builds critical thinking, creative problem-solving and self-expression skills.

Edison Middle School art teacher Meagan Turbak-Fogarty said she dreamt of such a showcase since her first year teaching.

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She and Kathy Dang, an art teacher at Marcella LeBeau Elementary School who also serves on the city’s Visual Arts Committee, partnered with the city and Washington Pavilion to bring the showcase to life.

Turbak-Fogarty has taught at Edison for five years and said her passion for art is “instantly felt” on her classroom walls, but that students have asked where they could see her art in the classroom, or what kind of art she creates in her own time.

“I always felt the feeling that I stand in front of all these kids every single day and preach about how much I love art, and how art has changed my life,” Turbak-Fogarty said. “That got me thinking, ‘I want to show them.’”

Some of her works on display at the Pavilion include art she created in her first year teaching, including a large Cheetos bag she created as an example for her eighth grade classroom when they were working on a large chip bag project. Turbak-Fogarty said she loves painting, working with acrylics and unconventional materials.

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“I wanted to show my students that art can be anything,” she said. “It doesn’t have to be hanging up in a museum to be considered art.”

Continuing to do her own art while teaching the subject helps keep her inspired, Turbak-Fogarty explained, adding that it helps her push her own creativity when it comes to projects she works on with students.

Samantha Levisay, an art teacher at John Harris Elementary School, showed three pieces in the show — “Moments in Time,” “Midnight Butterfly Garden” and “Whimsy” — with the same mixed media, watercolor and printmaking skills that she teaches in different units at every elementary grade.

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Levisay educates her students that “art is everywhere.” She said her favorite memories as an art teacher are “moments when I show students a lesson, and they take it even further.”

“Kids are so creative; I marvel at them all the time,” she said. “They inspire me every day with their endless creativity and imagination.”

Roosevelt High School art teacher Ruth Hillman showed two pieces in the show: “The Potato on the Wall,” a mixed media work, and a collection of her handmade clay charms in a shadow box.

She also wore some of her art — miniature potato earrings made of clay.

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Hillman is in her third year at RHS. When she’s not teaching art, she’s also making art, and sells her charms at shows like the Art Collective.

Washington High School art teacher Mollie Potter displayed a three-part painting series at the show that she said were inspired by her English language learner students’ stories, and how teachers help students “take flight,” as represented by balloons, parachutes and kites in her work.

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Porter said she is often inspired by her students’ art in the classroom; for example, one former student was obsessed with swans, and Porter said she later created a painting inspired by one of the student’s stories about swans.

At an April 17 reception, Mayor Paul TenHaken emphasized the arts as an “important economic driver in the community,” and said the show honored educators “who are artists in and of themselves,” but who might not have had a chance to display their art outside the classroom before.

“This is a way for us to honor them and show their incredible work,” TenHaken said.

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How will Trump get out of his fight with Pope Leo?

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How will Trump get out of his fight with Pope Leo?


Full Episode:
Washington Week with The Atlantic full episode, 4/17/26

Donald Trump has achieved what he’s achieved to date by being more rhetorically reckless, blunter and more insulting than any president in memory. But are there any limits? Join moderator Jeffrey Goldberg, Leigh Ann Caldwell of Puck, Stephen Hayes of The Dispatch, and Jonathan Lemire and Michael Scherer of The Atlantic to discuss this and more.



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