Trump is not immune from prosecution in his 2020 election interference case

A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election, sharply rejecting the former president’s claims that he is immune from prosecution while setting the stage for additional challenges that could further delay the case. The ruling is significant not only for its stark repudiation of Trump’s novel immunity claims but also because it breathes life back into a landmark prosecution that had been effectively frozen for weeks as the court considered the appeal. Yet the one-month gap between when the court heard arguments and issued its ruling has already created uncertainty about the timing of a trial in a calendar-jammed election year, with the judge overseeing the case last week canceling the initial March 4 date. Trump’s team vowed to appeal, which could postpones the case by weeks or months — particularly if the Supreme Court agrees to take it up. The judges gave Trump a week to ask the Supreme Court to get involved. The eventual trial date carries enormous political ramifications, with special counsel Jack Smith’s team hoping to prosecute Trump this year and the Republican front-runner seeking to delay it until after the November election. If Trump were to defeat President Joe Biden, he could presumably try to use his position as head of the executive branch to order a new attorney general to dismiss the federal cases he faces or potentially could seek a pardon for himself. Tuesday’s unanimous ruling is the second time since December that judges have held that Trump can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6, 2021, when a mob of his supporters stormed the U.S. Capitol. The opinion, which had been expected given the skepticism with which the panel greeted the Trump team’s arguments, was unsparing in its repudiation of Trump’s claim that former presidents enjoy absolute immunity for acts that fall within their official job duties. “Presidential immunity against federal indictment would mean that, as to the President, the Congress could not legislate, the Executive could not prosecute and the Judiciary could not review. We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” the judges wrote. They said the “interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation,” and they rejected Trump’s claim that a president could have “unbounded authority to commit crimes” that would prevent the recognition of election results.

The U.S. to Allow Venezuelans in the Country to Work Legally

The Biden administration says it’s granting temporary legal status to hundreds of thousands of Venezuelans who are already in the country — quickly making them eligible to work — as it grapples with growing numbers of people fleeing the South American country and elsewhere to arrive at the U.S.-Mexico border. The move — along with promises to accelerate work permits for many migrants — may appease Democratic leaders who have pressured the White House to do more to aid asylum seekers, while also providing grist for Republicans who say the President Joe Biden has been too lax on immigration. The Homeland Security Department plans to grant Temporary Protected Status to an estimated 472,000 Venezuelans who arrived in the country as of July 31, making it easier for them to get authorization to work in the U.S. That’s been a key demand of Democratic mayors and governors who are struggling to care for an increased number of migrants in their care. That’s in addition to about 242,700 Venezuelans who already qualified for temporary status before Wednesday’s announcement. The protections for Venezuelans are significant because they account for such a large number of the migrants who have been arriving in the country in recent years. Venezuela plunged into a political, economic and humanitarian crisis over the last decade, pushing at least 7.3 million people to migrate and making food and other necessities unaffordable for those who remain. The vast majority who fled settled in neighboring countries in Latin America, but many began coming to the United States in the last three years through the notoriously dangerous Darien Gap, a stretch of jungle in Panama. Venezuelans who arrive in the U.S. after July 31 of this year will not be eligible for the protection. Those who are now eligible have to apply to get it. Homeland Security Secretary Alejandro Mayorkas granted the expansion and an 18-month extension for those who already have temporary status due to “Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions,” the department said in a statement. The administration said it would accelerate work authorizations for people who have arrived in the country since January through a mobile app for appointments at land crossings with Mexico, called CBP One, or through parole granted to Cubans, Haitians, Nicaraguans and Venezuelans who have financial sponsors and arrive at an airport. It will aim to give them work permits within 30 days, compared with about 90 days currently. The promise of accelerated work permits does not apply to people who cross the border illegally and seek asylum, who, by law, must wait for six months to receive work permits.

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Suits target New Orleans virus rules, some affect Mardi Gras

More than 100 people have joined a lawsuit against New Orleans’ mayor and health director over COVID-19 restrictions that recently were extended to parade and other participants on Mardi Gras and during the season leading up to it. The lawsuit against Mayor LaToya Cantrell and health director Jennifer Avegno targets mask and vaccination mandates, news outlets reported. It was filed Monday in state court by Alexandria attorney Jimmy Faircloth, who has lost federal court challenges to restrictions aimed at slowing the spread of COVID-19, The Times-Picayune / The New Orleans Advocates noted. “Traditionally, we do not comment on active or pending litigation,” City Hall spokesman Beau Tidwell said during a news conference Tuesday. “However, in this case I think it’s worth noting that the guidelines that we put in place saved lives, full stop. The vaccine mandate and the mask requirements are going to remain in place throughout Mardi Gras.” Fat Tuesday will be March 1 this year. The 2020 festival was later recognized as a super spreader that turned New Orleans into an early pandemic hot spot. Last season, parades were canceled and bars were shuttered in the city. This year, masks are required in bars, restaurants and other public spaces. And children as young as 5 must show proof of vaccination or a recent negative test for the virus to get into indoor public areas. The new lawsuit accuses Cantrell and Avegno, who often have gone beyond state restrictions, of taking “authoritarian actions under the pretext of an emergency without end,” the newspaper reported. The plaintiffs, mostly from New Orleans and neighboring Jefferson Parish, want Judge Robin Giarrusso to halt the requirements while the lawsuit is in court.

Bankruptcy proceedings can have long-term benefits

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Court blocks Alabama city from approving processing plant

A judge has blocked the city of Gadsden from approving the construction of a plant where scores of truckloads of dead chickens would be delivered daily for a processing operation that opponents say would be a smelly, dangerous nuisance. Etowah County Circuit Judge George Day sided with critics of the plant on Monday and issued an injunction to stop the development project by Colorado-based Pilgrim’s Pride Corp. near the city airport, The Gadsden Times reported. A trial scheduled for July would decide whether the ban remains in place or work can move ahead on the rendering plant, which has been the subject of vocal community opposition since the plans became public last year. Located near homes, schools and at least one church, the plant would receive 120 truckloads of dead chickens and chicken parts around the clock each day for processing into animal feed, the judge wrote. Aside from traffic and the potential foul smell, the operation could pose a hazard to airport operations, critics contend. Day wrote that he was aware of the need to bring new jobs into the northeast Alabama community following the shutdown of a Goodyear tire plant, but the economic interest has to be balanced against the rights of people in the area.

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Judge tosses New Mexico rancher’s claim after he kills wolf

A federal judge has tossed a rancher’s claim that he should still have the right to use federal land in New Mexico after it was revoked for killing a wolf. Craig Thiessen killed an endangered Mexican wolf in Gila National Forest six years ago and has since argued that he should still be allowed to graze his cattle on the 48,000 acres (about 194 square kilometers) of public land, the Santa Fe New Mexican reported on Friday. That argument was rejected this week by U.S. Magistrate Judge Gregory Fouratt. Thiessen pleaded guilty in 2018 for killing the wolf. He faced a year of probation and a $2,300 fine. Later that year, the U.S. Fish and Wildlife Service revoked his company’s permit to graze cattle on the public land. A court document said he had 286 cows and 143 calves on the property. Thiessen has continued legal action in an attempt to keep his cattle on the land. The federal fish and wildlife service has sued Thiessen to remove the cows. Hayden Ballard, an attorney who has represented Thiessen, did not respond to a request for comment on Friday by the newspaper. Representatives from four conservation groups said in a statement that Thiessen had given up his privileges to use the public land after his actions. Greta Anderson from the Western Watersheds Project accused Thiessen on Friday of animal cruelty by killing the wolf. The Santa Fe New Mexican reported that numerous accounts said the young wolf’s leg was caught in a trap and it was then struck with a shovel.

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Trump wants Supreme Court to overturn Pa. election results

Undeterred by dismissals and admonitions from judges, President Donald Trump’s campaign continued with its unprecedented efforts to overturn the results of the Nov 3. election Sunday, saying it had filed a new petition with the Supreme Court. The petition seeks to reverse a trio of Pennsylvania Supreme Court cases having to do with mail-in ballots and asks the court to reject voters’ will and allow the Pennsylvania General Assembly to pick its own slate of electors. While the prospect of the highest court in the land throwing out the results of a democratic election based on unfounded charges of voter fraud is extraordinary unlikely, it wouldn’t change the outcome. President-elect Joe Biden would still be the winner even without Pennsylvania because of his wide margin of victory in the Electoral College. “The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements,” Trump attorney Rudy Giuliani said in a statement. He is asking the court to move swiftly so it can rule before Congress meets on Jan. 6 to tally the vote of the Electoral College, which decisively confirmed Biden’s win with 306 electoral votes to Trump’s 232. But the justices are not scheduled to meet again, even privately, until Jan 8, two days after Congress counts votes. Pennsylvania last month certified Biden as the winner of the state’s 20 Electoral College votes after three weeks of vote counting and a string of failed legal challenges. Trump’s campaign and his allies have now filed roughly 50 lawsuits alleging widespread voting fraud. Almost all have been dismissed or dropped because there is no evidence to support their allegations. Trump has lost before judges of both political parties, including some he appointed. And some of his strongest rebukes have come from conservative Republicans. The Supreme Court has also refused to take up two cases — decisions that Trump has scorned. The new case is at least the fourth involving Pennsylvania that Trump’s campaign or Republican allies have taken to the Supreme Court in a bid to overturn Biden’s victory in the state or at least reverse court decisions involving mail-in balloting. Many more cases were filed in state and federal courts. Roughly 10,000 mail-in ballots that arrived after polls closed but before a state court-ordered deadline remain in limbo, awaiting the highest court’s decision on whether they should be counted. The Trump campaign’s filing Sunday appears to target three decisions of Pennsylvania’s Democratic-majority state Supreme Court. In November, the state’s highest court upheld a Philadelphia judge’s ruling that state law only required election officials to allow partisan observers to be able to see mail-in ballots being processed, not stand close enough to election workers to see the writing on individual envelopes. It also ruled that more than 8,300 mail-in ballots in Philadelphia that had been challenged by the Trump campaign because of minor technical errors — such as a voter’s failure to write their name, address or date on the outer ballot envelope — should be counted. In October, the court ruled unanimously that counties are prohibited from rejecting mail-in ballots simply because a voter’s signature does not resemble the signature on the person’s voter registration form. The Pennsylvania Republican Party has a pending petition on the state’s mail-in-ballot deadline in which the party specifically says in its appeal that it recognizes the issue will not affect the outcome of the 2020 election.

Court makes no ruling in resolving partisan redistricting cases

The Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps. The court said Monday that it will take a case from the U.S. Circuit Court of Appeals for the 9th Circuit, which ruled in January that the purchasers of iPhone apps could sue Apple. Their lawsuit says that when a customer buys an app the price includes a 30 percent markup that goes to Apple. Apple had argued that it did not sell apps, but instead acted as an intermediary used by the app developers. Apple won initially in a lower court which dismissed the lawsuit. In Wisconsin, the Democrats prevailed after a trial in which the court ruled that partisan redistricting could go too far and indeed, did in Wisconsin, where Republicans hold a huge edge in the legislature even though the state otherwise is closely divided between Democrats and Republicans. The Supreme Court said that the plaintiffs in Wisconsin had failed to prove that they have the right to sue on a statewide basis, rather than challenge individual districts. The Democrats will have a chance to prove their case district by district. Waiting in the wings is a case from North Carolina that seemingly addresses some of the high court's concerns. The lawsuit filed by North Carolina Democrats has plaintiffs in each of the state's 13 congressional districts. Like Wisconsin, North Carolina is generally closely divided in politics, but Republicans hold a 10-3 edge in congressional seats. The majority opinion written by Chief Justice John Roberts in the Wisconsin case cast doubt on the broadest theory about the redistricting issue known as partisan gerrymandering. Roberts wrote that the Supreme Court's role "is to vindicate the individual rights of the people appearing before it," not generalized partisan preferences.

U.S. Citizenship and Immigration Services (USCIS) played an integral part in yesterday’s sentencing of Ali Vahdani Pour. Pour, a 28 year old national of Iran, was sentenced by U.S. District Judge Douglas Rayes to 137 days in prison. He had pled guilty to lying under oath in an immigration matter. In the plea agreement, Pour admitted having lied on his asylum application. Specifically, Pour admitted he falsely denied having served in the Iranian military and falsely denied having received refugee status in Italy, before seeking asylum in the United States. “Making false staments to support your claim for asylum in the U.S. will not be tolerated,” said USCIS Los Angeles Asylum Director David Radel. The investigation in this case was conducted by U.S. Immigration and Customs Enforcement, USCIS, and the Federal Bureau of Investigation. The prosecution was handled by Assistanct U.S. Attorney Joseph E. Koehler, Special Assitant U.S. Attorney, District of Arizona.Ryan Goldstein

New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing. The ruling by the state Court of Appeals didn't address either side's central arguments. But it means evidence-gathering in Summer Zervos' lawsuit can proceed, at least for now. Zervos' lawyer, Mariann Wang, said she looks forward to continuing with the case "and exposing the truth." Trump, who denies Zervos' allegations, is trying to get the case dismissed or postponed until after his presidency. A mid-level appellate court is due to consider that request in the fall. Trump's lawyers at Kasowitz Benson Torres LLP noted that Thursday's ruling didn't speak to their argument for tossing out the case: That a sitting president can't be sued in a state court. Instead, the Court of Appeals said the case was simply in too early a stage for its consideration. Zervos, a California restaurateur, appeared in 2006 on the Republican president's former reality show, "The Apprentice." She says he made unwanted advances when she sought career advice in 2007, then defamed her by calling her a liar after she came forward late in his 2016 presidential race. She is seeking a retraction, an apology and compensatory and punitive damages.

USCIS Helps Get Conviction in Asylum Fraud

U.S. Citizenship and Immigration Services (USCIS) played an integral part in yesterday’s sentencing of Ali Vahdani Pour. Pour, a 28 year old national of Iran, was sentenced by U.S. District Judge Douglas Rayes to 137 days in prison. He had pled guilty to lying under oath in an immigration matter. In the plea agreement, Pour admitted having lied on his asylum application. Specifically, Pour admitted he falsely denied having served in the Iranian military and falsely denied having received refugee status in Italy, before seeking asylum in the United States. “Making false staments to support your claim for asylum in the U.S. will not be tolerated,” said USCIS Los Angeles Asylum Director David Radel. The investigation in this case was conducted by U.S. Immigration and Customs Enforcement, USCIS, and the Federal Bureau of Investigation. The prosecution was handled by Assistanct U.S. Attorney Joseph E. Koehler, Special Assitant U.S. Attorney, District of Arizona.Ryan Goldstein

Climate change lawsuit filed by Alaska youth goes to court

The state has argued in court that a climate change lawsuit filed by 16 young Alaska residents should be thrown out because climate policies must be decided by the state Legislature and the executive branch, not the courts. The state and plaintiffs argued their cases on Monday before an Anchorage judge in a hearing to decide if the lawsuit should advance, Alaska's Energy Desk reported . The plaintiffs, ranging from children in elementary school to college students, say the state is violating their constitutional rights by failing to limit greenhouse gas emissions. Assistant Attorney General Seth Beausang asked the court to dismiss the case, citing the Alaska Supreme Court's dismissal of a similar climate change case in 2014 setting precedent. "The court said that weighing all those interests was a policy decision entrusted to the political branches, and not to the courts," Beausang said. The 2014 case and the current one were both filed with help from an Oregon-based nonprofit, Our Children's Trust, which has filed legal actions on behalf of young people across the country demanding action on climate change. The plaintiffs said that in the years since the 2014 Supreme Court ruling, Alaska has implemented a de facto climate policy by continuing to encourage activities like oil and gas production. "The state's climate and energy policy is causing catastrophic harm to Alaska's climate system and endangering plaintiff's lives and liberties and their very futures," Our Children's Trust attorney Andrew Welle said. "These claims are squarely within the authority of the court." Attorneys for both sides said they expect a ruling within the next six months.

Australian cardinal back in court on sex abuse charges

Australian Cardinal George Pell, the most senior Vatican official to be charged in the Catholic Church sex abuse crisis, arrived Wednesday for an appearance in a Melbourne court where he will eventually stand trial on sexual abuse charges spanning decades. Magistrate Belinda Wallington on Tuesday ordered Australia’s highest-ranking Catholic to appear at Victoria state County Court after ruling that prosecutors’ case was strong enough to warrant a trial by jury. Pell is expected to face a brief preliminary hearing in which a trial date could be set. Wallington dismissed about half the charges that had been heard in a four-week preliminary hearing. The details of the allegations and the number of charges have not been made public. Lawyers for Pell, who is Pope Francis’ finance minister, have been fighting the allegations since before he was charged last June with sexual abuse against multiple people in Victoria from the time he was a priest in his hometown of Ballarat in the 1970s until the 1990s, when he was archbishop of Melbourne. When Wallington asked Pell on Tuesday how he pleaded, the cardinal said in a firm voice, “Not guilty.” Wallington gave the 76-year-old permission not to stand, as is customary. When the magistrate left the room at the end of the hearing, many people in the packed public gallery broke into applause. Vatican spokesman Greg Burke issued a statement saying: “The Holy See has taken note of the decision issued by judicial authorities in Australia regarding His Eminence Cardinal George Pell. Last year, the Holy Father granted Cardinal Pell a leave of absence so he could defend himself from the accusations. The leave of absence is still in place.” Pell’s plea marked the only words he spoke in public during the hearing. Wearing a cleric’s collar, white shirt and dark suit, he was silent as he entered and left the downtown courthouse with his lawyer, Robert Richter. More than 40 police officers maintained order on the crowded sidewalk outside.

Telescope permit decision appealed to Hawaii Supreme Court

Opponents of a giant telescope planned for a Hawaii mountain are appealing the state land board's approval of the project's construction permit. Richard Wurdeman, an attorney representing some of the opponents, filed a notice of appeal with the state Supreme Court on Monday. The board in September approved a construction permit for Thirty Meter Telescope. Opponents of the $1.4 billion project say it will desecrate land sacred to Native Hawaiians while supporters say it will provide educational and economic opportunities. The opponents appealed directly to the state Supreme Court because of a law that allows certain contested-case hearing decisions to bypass the Intermediate Court of Appeals. Kealoha Pisciotta, one of the leaders fighting the telescope, says other participants opposing the project are expected to also file appeals this week.

Mental health court established for offenders on probation

A specialized court has been established in Pinal County to give defendants with mental problems an alternative path and keep them out of the criminal justice system. Presiding Judge Stephen McCarville signed an administrative order last month calling for the establishment of Mental Health Treatment Court. It’s a therapeutic, post-sentence court for defendants placed on supervised probation. People screened with a mental illness are referred to the court by the Pinal County Attorney’s Office or the county’s probation department. Then the court’s staff reviews the defendant’s case to determine whether the person’s situation is appropriate for the program, the Casa Grande Dispatch reported. The offender undergoes outpatient treatment at a mental health facility while checking in with the court on a weekly basis. If defendants don’t follow the terms of the treatment, then they’re subject to having their probation revoked. The goal is to keep people with mental disabilities out of the criminal justice system, Pinal County Superior Court Administrator Todd Zweig said. The number of probationers with mental health conditions has been increasing in the county, he added, prompting the need for this type of service.

After jury deadlocks, Bill Cosby faces 2nd sex assault trial

Bill Cosby, the comedian and actor once known as "America's Dad" for his TV role as paternal Dr. Cliff Huxtable, avoided a conviction on Father's Day weekend as a jury declared itself hopelessly deadlocked on charges he drugged and molested a woman more than a decade ago. Prosecutors found themselves back to square one Saturday after the judge declared a mistrial following more than 52 hours of deliberations over six days. Excoriated by the defense for charging Cosby in the first place, District Attorney Kevin Steele vowed to put him on trial a second time, saying accuser Andrea Constand supported the decision. "She has shown such courage through this, and we are in awe of what she has done," Steele said. "She's entitled to a verdict in this case." Cosby's team declared victory, however temporary. By sowing doubt among one or more jurors, Cosby's lawyers managed to overcome two years of unrelenting bad publicity for their client after the public release of his damaging testimony about drugs and sex, as well as a barrage of accusations from 60 women who came forward to accuse him of sexual assault. Constand told jurors Cosby gave her pills that made her woozy and then penetrated her with his fingers as she lay paralyzed on a couch, unable to tell him to stop. The 2004 encounter at Cosby's suburban Philadelphia estate was the only one to result in criminal charges. Constand is ready to go to trial again, said her lawyer, Dolores Troiani. "She's a very spiritual woman, she believes things happen for a purpose, and I think the purpose is ... it should encourage other women to come forward and have their day in court." Troiani acknowledged the difficulty of the case, given the passage of time and the impact of the alleged drugging on Constand's ability to recall details. The jury failed to reach a unanimous decision on any of the three counts against the comedian, ending the trial without a verdict. Cosby's team immediately went on the attack. The entertainer's wife of 53 years, Camille, slammed prosecutors for bringing the case to court, calling Steele "heinously and exploitively ambitious" in a statement released after the trial. She also criticized the judge, the accuser's lawyers and the media.

Justices could take up high-stakes fight over electoral maps

In an era of deep partisan division, the Supreme Court could soon decide whether the drawing of electoral districts can be too political. A dispute over Wisconsin’s Republican-drawn boundaries for the state legislature offers Democrats some hope of cutting into GOP electoral majorities across the United States. Election law experts say the case is the best chance yet for the high court to put limits on what lawmakers may do to gain a partisan advantage in creating political district maps. The justices could say as early as Monday whether they will intervene. The Constitution requires states to redo their political maps to reflect population changes identified in the once-a-decade census. The issue of gerrymandering — creating districts that often are oddly shaped and with the aim of benefiting one party — is centuries old. The term comes from a Massachusetts state Senate district that resembled a salamander and was approved in 1812 by Massachusetts Gov. Elbridge Gerry. Both parties have sought the largest partisan edge when they control redistricting. Yet Democrats are more supportive of having courts rein in extreme districting plans, mainly because Republicans control more legislatures and drew districts after the 2010 census that enhanced their advantage in those states and in the U.S. House of Representatives. In the Wisconsin case, a federal court struck down the districts as unconstitutional in November, finding they were drawn to unfairly minimize the influence of Democratic voters. The challengers to the Wisconsin districts say it is an extreme example of redistricting that has led to ever-increasing polarization in American politics because so few districts are genuinely competitive between the parties. In these safe seats, incumbents tend to be more concerned about primary challengers, so they try to appeal mostly to their party’s base.