WASHINGTON: Federal prosecutors said Thursday that Donald Trump is “not above the law” as they urged a judge to reject the former president’s efforts to dismiss the case charging him with plotting to overturn the 2020 presidential election.
Lawyers for Trump had asked US District Judge Tanya Chutkan earlier this month to toss the federal election subversion case, asserting that he was immune from prosecution for actions he took while fulfilling his duties as president.
Special counsel Jack Smith’s team responded in its own filing Thursday that there is nothing in the Constitution, or in court precedent, to support the idea that Trump or any other former president cannot be prosecuted for criminal conduct committed while in the White House.
“The defendant is not above the law. He is subject to the federal criminal laws like more than 330 million other Americans, including Members of Congress, federal judges, and everyday citizens,” prosecutors wrote.
The question now heads to a decision from Chutkan, who is being asked to wade into the legally untested realm of a former president’s claim of immunity from criminal prosecution. She’s not likely to have the final word, though, as defense lawyers — if they fail to persuade Chutkan — will have the opportunity to press their arguments before a federal appeals court or, ultimately, a Supreme Court with a clear conservative majority.
Trump was charged in August in a four-count indictment in federal court in Washington with scheming to overturn the election that he lost to Democrat Joe Biden in the run-up to Jan. 6, 2021, when pro-Trump rioters stormed the US Capitol in a violent but ultimately failed effort to halt the transfer of power.
The Supreme Court has held that presidents are immune from civil liability for actions related to their official duties but it has never addressed the question of whether that immunity shields a president from criminal prosecution.
Trump’s defense lawyers have seized on the absence of rulings to make the case that he must be considered exempt from prosecution, arguing that the the actions he’s accused of taking fall within the bounds of the presidency.
But prosecutors rejected that argument on multiple grounds, saying the steps Trump took to stay in power — including by advancing false claims of voter fraud in an effort to block the formal counting of electoral votes — are well outside Oval Office duties and responsibilities.
They also said Trump’s claims of immunity directly conflict with the nation’s Constitution, which allows for the criminal prosecution of a president for “acts committed during — and ultimately resulting in the president’s removal from — the presidency.”
“The defendant, however, would turn the Impeachment Judgment Clause on its head and have the Court read it as a sweeping grant of immunity that forbids criminal prosecution in the absence of a Senate conviction — which, among other things, would effectively preclude any form of accountability for a president who commits crimes at the end of his term of office,” prosecutors said.
Smith’s team also said that while some legal commentators have objected to Justice Department legal opinions stating that sitting presidents cannot face federal indictment, “there has been universal agreement that a former president may be subject to federal criminal prosecution — a principle recognized in the Constitution and rooted in historical practice.”
The case, currently set for trial on March 4, 2024, is one of four criminal prosecutions that the former president is facing. Earlier this week, Chutkan, responding to a request from Smith’s team, imposed a limited gag order on Trump barring him from incendiary comments targeting prosecutors and potential witnesses.
He’s also charged by Smith’s team in Florida with illegally hoarding classified documents, is accused in Fulton County, Georgia, of conspiring to undo his election loss in that state and is awaiting trial in New York on state charges alleging that he falsified business records to cover up hush money payments to a porn actor.
Trump is ‘not above the law,’ prosecutors say in urging judge to let federal election case proceed
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Trump is ‘not above the law,’ prosecutors say in urging judge to let federal election case proceed
- While the US Supreme Court has held that presidents are immune from civil liability for actions related to their official duties, it has never addressed the question of whether that immunity shields a president from criminal prosecution
Singapore court sentences former minister to 12 months in prison
- Former transport minister S. Iswaran was convicted last week of obstruction of justice and accepting illegal gifts
- Earlier this year, Iswaran was hit with 35 charges mostly related to graft in a nation often cited as one of the world’s least corrupt
After Iswaran was convicted last week of obstruction of justice and accepting illegal gifts, prosecutors had sought a six-to-seven-month sentence, The Straits Times reported.
But the defense team for the former minister, who is known for helping to bring Formula One to the wealthy city-state, had argued for a maximum sentence of eight weeks.
Earlier this year, Iswaran was hit with 35 charges mostly related to graft in a nation often cited as one of the world’s least corrupt.
But prosecutors moved forward with five lesser charges only, including some related to a billionaire property tycoon.
Iswaran quit in January after being formally notified of the charges, which include accepting gifts worth more than $300,000.
In a resignation letter at the time, he said he would clear his name in court.
Iswaran has paid back around $295,000 in financial gain to the government, and gifts including a Brompton bicycle were also seized from him, the attorney general’s office said.
His trial has been deemed by observers to be one of the most politically significant in the city-state’s history.
Singapore’s last senior politician convicted for graft dates to 1975, when Wee Toon Boon, then minister of state for environment, was found guilty of accepting bribes worth more than $600,000 according to local media.
Taiwan shuts down for second day as Typhoon Krathon to land
- Krathon packs sustained wind speeds of 126 kilometers per hour and gusts of up to 162kph
- Across Taiwan, nearly 10,000 people had been evacuated as of Thursday
KAOHSIUNG, Taiwan: Taiwan shut down schools and offices for a second day Thursday as Typhoon Krathon pounded the island before its expected landfall, leaving two dead and more than 100 injured.
Krathon, packing sustained wind speeds of 126 kilometers (78 miles) per hour and gusts of up to 162 kph — was 30 kilometers southwest of southern Kaohsiung at 10:00 am (0200 GMT), according to the Central Weather Administration (CWA).
“The center of the typhoon is forecast to make landfall around noon, near southern Tainan, Kaohsiung or Pingtung. The time has been delayed as it’s moving very slowly,” forecaster Chang Chun-yao said.
While CWA chief Cheng Chia-ping said Wednesday that the typhoon was expected to weaken rapidly after landing, residents of Kaohsiung were urged to take shelter.
“There will be winds of destructive force caused by typhoon in this area. Take shelter ASAP,” the CWA said in a warning sent three times to residents’ mobile phones Thursday.
Kaohsiung’s mayor, Chen Chi-mai, told reporters the city was experiencing “the strongest winds” and that he expected the typhoon to make landfall by 1 pm.
“We urge residents not to go out unless necessary,” he said. “So far, Kaohsiung has recorded 356 disaster cases, mostly falling trees and advertising signs.”
Torrential rain and powerful winds unleashed on the island have already left at least two people dead, two missing and 123 injured, said the National Fire Agency.
A 70-year-old man was rushed to hospital on Tuesday after he fell while trimming trees in eastern Hualien county and died in hospital the next day.
And a 66-year-old man, hospitalized in nearby Taitung on Monday after his truck hit a huge rock that had fallen onto the road, also died Wednesday.
Krathon has disrupted traffic, causing all domestic flights to be suspended for a second day and the cancelation of around 240 international flights.
Across Taiwan, nearly 10,000 people had been evacuated as of Thursday, according to the interior ministry.
Krathon has caused mudslides and flooding, and damaged houses and roads in some areas as it slowly moves toward Taiwan, officials and reports said.
In Kaohsiung, strong gusts swept three motorcyclists to the ground as they were driving, while swaying buildings, shattering windows in some buildings and uprooting trees.
Powerful waves pounded the coast of nearby Pingtung county, with some seawater spilling onto a road and causing it to collapse in two places, TV footage showed.
In New Taipei city in the island’s north, where rain and wind was intensifying, a mudslide sent a large rock tumbling down onto a temple near a slope, partially smashing its roof, SET TV reported.
Taiwan is accustomed to frequent tropical storms from July to October, but experts say climate change has increased their intensity, leading to heavy rains, flash floods and strong gusts.
In July, Gaemi became the strongest typhoon to make landfall in Taiwan in eight years, killing at least 10 people, injuring hundreds, and triggering widespread flooding in Kaohsiung.
The storm was approaching Taiwan after slamming into a remote group of Philippine islands, where it cut power and communications and damaged “many” houses, according to a local mayor.
Former Singapore minister sentenced to a year in prison for receiving illegal gifts
- Former Transport Minister S. Iswaran had pleaded guilty last week to the charges, in a rare criminal case involving a minister in the Asian financial hub
- Singapore's ministers are among the world’s best-paid and Iswaran's indictment is an embarrassment in a nation known for clean governance
KUALA LUMPUR, Malaysia: A former Singaporean cabinet minister was sentenced Thursday to a year in prison after he pleaded guilty to charges of receiving illegal gifts, in a rare criminal case involving a minister in the Asian financial hub.
Former Transport Minister S. Iswaran had pleaded guilty last week to one count of obstructing justice and four of accepting gifts from people with whom he had official business. He was the first minister to be charged and imprisoned in nearly half a century.
Justice Vincent Hoong, in his ruling, said holders of high office “must be expected to avoid any perception that they are susceptible to influence by pecuniary benefits,” according to Channel News Asia.
“I am of the view it is appropriate to impose a sentence in excess of both parties’ positions,” Hoong was quoted as saying.
The defense had asked for no more than eight weeks in prison, while the prosecution had pushed for six to seven months imprisonment.
Iswaran, 62, was initially charged with 35 counts, but prosecutors proceeded with only five, while reducing two counts of corruption to receiving illegal gifts. Prosecutors said they will apply for the remaining 30 charges to be taken into consideration for sentencing. No reasons were given for the move.
Iswaran received gifts worth over 74,000 Singapore dollars ($57,000) from Ong Beng Seng, a Singapore-based Malaysian property tycoon, and businessperson Lum Kok Seng. The gifts included tickets to Singapore’s Formula 1 race, wine and whisky and a luxury Brompton bike. Ong owns the right to the local F1 race, and Iswaran was chair of and later adviser to the Grand Prix’s steering committee.
The Attorney-General’s Chambers said it will decide whether to charge Ong and Lum after the case against Iswaran has been resolved.
Singapore ‘s ministers are among the world’s best-paid. Although the amount involved in Iswaran’s case appeared to be relatively minor, his indictment is an embarrassment to the ruling People’s Action Party, which prides itself on a clean image.
The last Cabinet minister charged with graft was Wee Toon Boon, who was found guilty in 1975 and jailed for accepting gifts in exchange for helping a businessperson. Another Cabinet minister was investigated for graft in 1986, but died before charges were filed.
Iswaran had resigned just before he was charged. His trial comes just over four months after Singapore installed new Prime Minister Lawrence Wong after Lee Hsien Loong stepped down after 20 years.
US bans new types of goods from China over allegations of forced labor against Muslim minorities
- Ban covers products of Chinese steel manufacturer and a maker of artificial sweetener accused of using forced labor from China’s far-west region of Xinjiang
- Despite China's denial that it was using force labor, the entity list has grown since 2022 to a total of 75 companies accused of using forced labor
WASHINGTON: The Department of Homeland Security announced Wednesday that it would ban the import of goods from a Chinese steel manufacturer and a Chinese maker of artificial sweetener, accusing both of being involved in the use of forced labor from China’s far-west region of Xinjiang.
The action broadens the scope of the US effort to counter products from entering the country that the government says are tied to human rights abuses.
The additions to the entity list under the Uyghur Forced Labor Prevention Act marks the first time a China-based steel company or aspartame sweetener business have been targeted by US law enforcement, DHS said.
“Today’s actions reaffirm our commitment to eliminating forced labor from US supply chains and upholding our values of human rights for all,” said Robert Silvers, undersecretary of Homeland Security for policy. “No sector is off-limits. We will continue to identify entities across industries and hold accountable those who seek to profit from exploitation and abuse.”
The federal law that President Joe Biden signed at the end of 2021 followed allegations of human rights abuses by Beijing against members of the ethnic Uyghur group and other Muslim minorities in Xinjiang. The Chinese government has refuted the claims as lies and defended its practice and policy in Xinjiang as fighting terror and ensuring stability.
The new approach marked a shift in the US trade relationship with China to increasingly take into account national security and human rights. Beijing has accused the US of using human rights as a pretext to suppress China’s economic growth.
Enforcement of the law initially targeted solar products, tomatoes, cotton and apparel, but over the last several months, the US government has identified new sectors for enforcement, including aluminum and seafood.
“That’s just a reflection of the fact that sadly, forced labor continues to taint all too many supply chains,” Silvers told a trade group in June when marking the two-year anniversary of the creation of the entity list. “So our enforcement net has actually been quite wide from an industry-sector perspective.”
He said the law “changed the dynamic in terms of putting the onus on importers to know their own supply chains” and that its enforcement had showed that the US could “do the right thing” without halting normal trade.
Since June 2022, the entity list has grown to a total of 75 companies accused of using forced labor in Xinjiang or sourcing materials tied to that forced labor, Homeland Security said.
Baowu Group Xinjiang Bayi Iron and Steel Co. Ltd. and Changzhou Guanghui Food Ingredients Co. Ltd. were the Chinese companies newly added to the list.
Russian guided bomb hits apartment building in Ukraine’s Kharkiv, injures 10
- President Zelensky said the strike underscored the need for more help from Ukraine’s Western backers
- Russia denies targeting civilians, but has regularly struck towns and cities behind the front line
A Russian guided bomb struck a five-story apartment block in Kharkiv, Ukraine’s second largest city, late on Wednesday, starting fires and injuring at least 10 people, local officials said.
President Volodymyr Zelensky said the strike, the latest in a long series of attacks on the city, underscored the need for more help from Ukraine’s Western backers. He pointed to Iran’s strike on Israel as an example of allies working together.
He said that in order to stop Russian strikes, “Ukraine must receive the necessary, and most importantly, sufficient help from the world, from our partners.
“Every leader knows exactly what needs to be done. It’s important to be decisive,” Zelensky said in a posting on the Telegram messaging app.
Kharkiv regional governor Oleh Syniehubov said the bomb hit between the third and fourth floors of the building in the city’s Saltivka district.
“Several floors have been destroyed. An apartment by apartment search is under way. People could be under the rubble,” Syniehubov said in a video posted online.
Pictures posted online showed cars ablaze outside the apartment block and firefighters making their way through smoke rubble to get inside the building.
Kharkiv Mayor Ihor Terekhov put the injury toll at 10, including a three-year-old child. He said guided bombs had struck two city districts.
Located 30 km (18 miles) from the Russian border, Kharkiv has been a frequent target of Russian forces throughout the more than 2-1/2-year-old war.
In Kyiv, the head of the capital’s military administration said fragments from a downed Russian drone damaged an apartment building in one of the capital’s eastern districts. There was no indication of any casualties.
Russia denies targeting civilians, but has regularly struck towns and cities behind the front line.
In his nightly video address, Zelensky referred to the help the United States and other partners provide Israel to fend off attacks.
“Every time in the Middle East, during criminal Iranian strikes, we see how the international coalition acts together,” he said, echoing comments he made during an April raid launched by Iran on Israel.
Zelensky also issued the latest of a series of calls for more help to be agreed at a meeting this month in Germany devoted to providing Ukraine with military assistance. US President Joe Biden is to attend the meeting.
