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What to watch for in Trump’s federal immunity appeals hearing | CNN Politics

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What to watch for in Trump’s federal immunity appeals hearing | CNN Politics



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CNN
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A federal appeals court hears arguments Tuesday over whether Donald Trump is immune from prosecution for actions he took after the 2020 election, one of the key questions that could determine the former president’s legal and political fate in 2024.

Trump plans to attend the oral arguments in the US Circuit Court of Appeals for the District of Columbia Circuit where a three-judge panel will decide whether the federal charges brought against him by special counsel Jack Smith should be dismissed based on Trump’s claims of immunity.

Trump’s presence at the 9:30 a.m. ET hearing Tuesday – less than week before the Iowa caucuses – underscores how intertwined Trump’s legal and political worlds have become, as the former president has made the four criminal indictments against him a key part of his pitch to his supporters in the 2024 campaign.

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The immunity question is ultimately expected to end up before the Supreme Court, one of several consequential questions the high court will take up related to Trump this year. On Friday, the US Supreme Court said it would review next month the Colorado Supreme Court’s unprecedented decision to remove Trump from its state ballot.

Trump faces four counts from Smith’s election subversion charges, including conspiring to defraud the United States and to obstruct an official proceeding. The former president has pleaded not guilty.

Here’s what to know for Tuesday’s arguments:

District Judge Tanya Chutkan has declined to dismiss the election subversion charges against Trump, ruling that he does not have absolute immunity for what he said and did after the 2020 election.

“Whatever immunities a sitting President may enjoy, the United States has only one Chief Executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass,” Chutkan wrote. “Former Presidents enjoy no special conditions on their federal criminal liability.”

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Trump appealed that decision to the appeals court.

Trump’s attorneys have argued that his actions trying to overturn the 2020 election fell within his duties as president because Trump was working to “ensure election integrity” as part of his official capacity as president, and therefore he is immune from criminal prosecution.

CNN legal analyst breaks down strength of Trump’s immunity argument

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Smith in a filing last month pushed back on Trump’s claims of absolute immunity, arguing that Trump’s sweeping assertion “threatens to license Presidents to commit crimes to remain in office.”

The former president has also argued that because the Senate acquitted him on an impeachment charge in the weeks after the January 6, 2021, Capitol attack, that the Justice Department cannot charge him with the same crime.

The three judges who will hear Trump’s case Tuesday are J. Michelle Childs, a Joe Biden appointee; Florence Pan, a Biden appointee; and Karen LeCraft Henderson, a George H.W. Bush appointee.

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Henderson has previously heard several cases involving the former president, including whether Congress could access Trump’s tax records and whether the House could enforce a subpoena on former White House counsel Don McGahn. She has repeatedly expressed concerns about safeguarding the special protections around the presidency in her previous opinions.

Childs took the bench in July 2022. She was on Biden’s shortlist to replace outgoing Supreme Court Justice Stephen Breyer, but he ultimately picked Ketanji Brown Jackson. Before joining the appeals court, Childs was a federal judge in North Carolina since 2010.

Pan was nominated to the appeals court by Biden in mid-2022 to fill the seat vacated by Jackson after she was confirmed to the Supreme Court. Previously, Pan served as a judge for the Superior and District courts in DC for more than 10 years.

John Sauer will be the attorney arguing on behalf of Trump.

James Pearce will be the attorney arguing on behalf of the special counsel’s office.

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Trial timing and 2024 campaign on collision course

The appeals court hearing will be the latest courtroom that Trump will turn into part of his presidential campaign.

Trump is attending the arguments Tuesday, though he will not be asked any questions by the judges directly. He then goes ahead to Iowa ahead of Monday’s caucuses, though he will return to the east coast to attend closing arguments in his New York civil fraud trial on Thursday. (Both court appearances are voluntary.)

Trump has made the four criminal indictments against him, including two from Smith, a central part of his presidential campaign, and he’s repeatedly railed against both the criminal and civil prosecutions against him as alleged election interference.

For Smith, the appellate court’s work is significant not just for his indictment to withstand the former president’s challenge, but also because it will affect how quickly the trial against Trump could take place.

Chutkan had originally scheduled the election subversion trial for March, but the trial deadlines are paused while Trump’s appeal moves through the appeals process. The question of presidential immunity is likely to end up at the Supreme Court regardless of how the appellate court rules, meaning the timing of the trial remains up in the air and could be delayed.

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Smith took the extraordinary and unusual step late last year to ask the Supreme Court to skip the appeals courts and fast-track the issue of presidential immunity. But the justices denied that request without comment or noted dissent.

Once Tuesday’s hearing concludes in the federal election subversion case, the panel of appeals judges could issue a written ruling at any time. It will not rule from the bench.

In addition to an appeal to the Supreme Court, either side could also ask for the case to be reheard by the entire DC Court of Appeals, which could result in more delays.

The question of presidential immunity goes beyond the special counsel’s election subversion case.

On Monday, Trump made the same claims of immunity in the election subversion case brought by Fulton County District Attorney Fani Willis, saying it should be thrown out because he is protected from prosecution under presidential immunity.

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Several courts have already ruled against Trump on the question of presidential immunity and civil cases brought against the former president.

The DC appeals court ruled late last year that Trump was not immune from civil lawsuits brought by Democrats in Congress and Capitol Police officers related to the January 6, 2021, US Capitol attack.

“(W)hen he acts outside the functions of his office, he does not continue to enjoy immunity,” the court opinion reads. “When he acts in an unofficial, private capacity, he is subject to civil suits like any private citizen.”

A federal appeals court in New York also rejected Trump’s claims of presidential immunity in his effort to delay his defamation trial in a case brought by E. Jean Carroll. A trial is set to begin next week to determine damages Trump owes Carroll for defamation, after a federal appeals court denied Trump’s effort to delay the trial.

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The Church of Jesus Christ has announced its 384th temple

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The Church of Jesus Christ has announced its 384th temple


The state of Washington is getting a seventh temple of The Church of Jesus Christ of Latter-day Saints.

The Marysville Washington Temple was announced Sunday night during a devotional in the Marysville Washington Stake by Elder Hugo E. Martinez, a General Authority Seventy in the church’s United States West Area Presidency.

“We are pleased to announce the construction of a temple in Marysville, Washington,” the First Presidency said in a statement. “The specific location and timing of the construction will be announced later. This is a reason for all of us to rejoice and express gratitude for such a significant blessing — one that will allow more frequent access to the ordinances, covenants and power that can only be found in the house of the Lord.”

The other temples in Washington are the Columbia River, Moses Lake, Seattle, Spokane, Tacoma and Vancouver temples.

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The church has 214 temples in operation. Plans for another 170 temples have been announced; many of those temples are in various stages of planning and construction.

Sunday’s temple announcement follows the new practice of the church’s First Presidency, which determines where temples will be built — and when and how they will be announced.

The First Presidency directed a General Authority Seventy to announce the first temple in Maine at a fireside there in December.

In January, church President Dallin H. Oaks said the Maine announcement set the pattern for future temple announcements.

“The best place to announce a temple is in that temple district,” he told the Deseret News.

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The First Presidency will continue to decide where future temples will be built. It then will “assign someone else to make the announcement in the place where the temple will be built,” he said.

This pattern came to him as a strong impression after he assumed leadership of the church in October, following the death of his friend, President Russell M. Nelson.

This came as a strong impression to him shortly after he assumed the leadership of the church, President Oaks said.

The church remains in the midst of an aggressive temple-building era. President Nelson announced 200 new temples from 2018 to 2025. All but one were announced at general conference.

Five dozen temples are now under construction.

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President Oaks now has overseen the announcement of two temples, neither at a general conference.

At the October conference he said that “with the large number of temples now in the very earliest phases of planning and construction, it is appropriate that we slow down the announcement of new temples.”

Ten new temples are scheduled to be dedicated in the next six months.

  • May 3: Davao Philippines Temple.
  • May 3: Lindon Utah Temple.
  • May 31: Bacolod Philippines Temple.
  • June 7: Yorba Linda California Temple.
  • June 7: Willamette Valley Oregon Temple.
  • Aug. 16: Belo Horizonte Brazil Temple.
  • Aug. 16: Cleveland Ohio Temple.
  • Aug. 30: Phnom Penh Cambodia Temple.
  • Oct. 11: Miraflores Guatemala City Guatemala Temple.
  • Oct. 18: Managua Nicaragua Temple.

Two-thirds of the 170 temples still to be built are outside the United States.

Temples are distinct from the meetinghouses where Latter-day Saints worship Jesus Christ each Sunday. Temples are closed on Sundays, but they open during the week as sanctuaries where church members go to find peace, make covenants with God and perform proxy ordinances for deceased relatives.



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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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