Fact Focus: Trump wasn’t exonerated by the presidential immunity ruling, even though he says he was

President Donald Trump on July 2, 2024, misrepresented in a social media post what the US Supreme Court's Monday ruling on presidential immunity means for his civil and criminal cases. (AP)
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Updated 04 July 2024
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Fact Focus: Trump wasn’t exonerated by the presidential immunity ruling, even though he says he was

  • None of Trump’s pending cases have been dismissed as a result of the ruling

 

Former President Donald Trump on Tuesday misrepresented in a social media post what the US Supreme Court’s Monday ruling on presidential immunity means for his civil and criminal cases.
“TOTAL EXONERATION!” he wrote in the post on his Truth Social platform. “It is clear that the Supreme Court’s Brilliantly Written and Historic Decision ENDS all of Crooked Joe Biden’s Witch Hunts against me, including the WHITE HOUSE AND DOJ INSPIRED CIVIL HOAXES in New York.”
But none of Trump’s pending cases have been dismissed as a result of the ruling, nor have the verdicts already reached against him been overturned. The ruling does amount to a major victory for the presumptive Republican presidential nominee, whose legal strategy has focused on delaying court proceedings until after the 2024 election.
Here’s a closer look at the facts.
CLAIM: The Supreme Court’s ruling that former presidents have broad immunity from prosecution means “total exoneration” for former President Donald Trump.
THE FACTS: Although the historic 6-3 ruling is a win for Trump, he has not been exonerated and his legal troubles are far from over. A delay of his Washington trial on charges of election interference has been indefinitely extended as a result. Also, he still faces charges in two other criminal cases, and the verdicts already reached against him in a criminal and a civil case have not been overturned.
Barbara McQuade, a law professor at the University of Michigan and former US attorney for the state’s Eastern District, told The Associated Press that Trump’s claim is “inaccurate for a number of reasons.”
“The court found immunity from prosecution, not exoneration,” she wrote in an email. “The court did not say that Trump’s conduct did not amount to criminal behavior. Just that prosecutors are not allowed to prosecute him for it because of the special role of a president and the need to permit him to make ‘bold’ and ‘fearless’ decisions without concern for criminal consequences.”
McQuade wrote that Trump’s case over classified documents found at his Mar-a-Lago estate won’t be affected, as it arose from conduct committed after he left the White House. She added that any impact on his New York hush money trial “seems unlikely” since the crimes were committed in a personal capacity.
“In addition, the Court’s opinion is solely focused on immunity for criminal conduct,” McQuade continued, explaining that it will not protect him from civil liability in his cases regarding defamatory statements about advice columnist E. Jean Carroll or fraudulent business practices conducted at the Trump Organization.
Trump’s campaign did not immediately respond to a request for comment.
The Supreme Court’s conservative majority said former presidents have absolute immunity from prosecution for official acts that fall within their “exclusive sphere of constitutional authority” and are presumptively entitled to immunity for all official acts. Unofficial, or private, actions are exempt from such immunity.
This means that special counsel Jack Smith cannot proceed with significant allegations in his indictment accusing Trump of plotting to overturn his 2020 presidential election loss, or he must at least defend their use in future proceedings before the trial judge.
The case has not been dismissed. It was instead sent back to US District Judge Tanya Chutkan, who must now “carefully analyze” whether other allegations involve official conduct for which the president would be immune from prosecution. The trial was supposed to have begun in March, but has been on hold since December to allow Trump to pursue his Supreme Court appeal.
However, the justices did knock out one aspect of the indictment, finding that Trump is “absolutely immune” from prosecution for alleged conduct involving discussions with the Justice Department.
The opinion also stated that Trump is “at least presumptively immune” from allegations that he tried to pressure Vice President Mike Pence on Jan. 6, 2021, to reject certification of Democrat Joe Biden’s electoral vote win. But prosecutors can try to make the case that Trump’s pressure on Pence can still be part of the case against him, Chief Justice John Roberts wrote.
It is all but certain that the ruling means Trump will not face trial in Washington ahead of the 2024 election, as the need for further analysis is expected to tie up the case for months with legal wrangling over whether actions in the indictment were official or unofficial, the AP has reported.
Trump is facing charges in two other criminal cases, one over his alleged interference in Georgia’s 2020 election and the other over classified documents found at his Mar-a-Lago estate after he left the White House. Trump’s lawyers have asserted presidential immunity in both cases, but a ruling on the matter has not been made in either.
The former president was convicted in May of 34 felony counts in his hush money trial in New York. After Monday’s ruling, the New York judge who presided over that trial postponed Trump’s sentencing until at least September and agreed to weigh the impact of the presidential immunity decision.
Trump was ordered in February to pay a $454 million penalty as part of a civil fraud lawsuit, for lying about his wealth for years as he built the real estate empire that vaulted him to stardom and the White House. It is still under appeal.
In May 2023, a jury found Trump liable for sexually abusing Carroll in 1996 and for defaming her over the allegations, awarding her $5 million. Carroll was awarded an additional $83.3 million in January by a separate jury for Trump’s continued social media attacks against her. An appeal of the former decision was rejected in April. The latter case is still being appealed.
 

 


Musk calls for abolishing consumer finance watchdog targeted by Republicans

Updated 4 sec ago
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Musk calls for abolishing consumer finance watchdog targeted by Republicans

Billionaire Elon Musk, tasked with slashing government costs by US President-elect Donald Trump, on Wednesday called for the elimination of a federal regulatory agency charged with protecting consumers in the financial sector.
The comment on the Consumer Financial Protection Bureau (CFPB) follows Musk’s recent appointment to a government efficiency role, further amplifying the influence of the world’s richest man, who donated millions of dollars to helping Trump get elected.
“Delete CFPB. There are too many duplicative regulatory agencies,” Musk said in a post on social media platform X.
The CFPB did not immediately respond to a request for comment.
Musk and former Republican presidential candidate Vivek Ramaswamy will co-lead a newly created Department of Government Efficiency, an entity Trump indicated will operate outside the confines of government.
The CFPB was created as part of the 2010 Dodd-Frank financial reform law to police and regulate consumer financial products following the 2008 crisis and only Congress has the power to eliminate it.
Separately, Reuters reported on Wednesday, citing sources, that the consumer finance watchdog is moving ahead with rulemaking in the final weeks of Joe Biden’s Democratic administration, in a bid to advance consumer protections before Trump overhauls the agency.
Republicans have sought to curtail or eliminate the agency from the outset, but legislative efforts to either scrap it altogether, or place stricter limits on its funding and leadership structure, have failed to gain traction in the years since its creation.
Banking industry executives and lawyers also anticipate the incoming Trump administration will likely place significant limits on the CFPB.

Trump turns to outsider to shake up Navy, but his lack of military experience raises concerns

Updated 19 sec ago
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Trump turns to outsider to shake up Navy, but his lack of military experience raises concerns

  • The appointment comes at a critical moment for the Navy, which has been stretched thin with deployments around the world

WASHINGTON: President-elect Donald Trump’s nominee to be secretary of the Navy, John Phelan, has not served in the military or had a civilian leadership role in the service. While officials and defense experts said the Navy is in sore need of a disruptor, they cautioned that Phelan’s lack of experience could make it more difficult for him to realize Trump’s goals.
Trump late Tuesday nominated Phelan, a major donor to his campaign who founded the private investment firm Rugger Management LLC. The Trump transition team did not respond to a request for comment on his qualifications. According to his biography, Phelan’s primary exposure to the military comes from an advisory position he holds on the Spirit of America, a non-profit that supports the defense of Ukraine and the defense of Taiwan.
Not all service secretaries come into the office with prior military experience, but he’d be the first in the Navy since 2006. Current Secretary of the Army Christine Wormuth similarly does not have prior military service. She, however, has spent her career in a host of defense civilian positions.
The appointment comes at a critical moment for the Navy, which has been stretched thin with deployments around the world and must contend with a shrinking fleet even as the naval forces of its main rival, China, are growing. Trump has campaigned on expanding the Navy and would need to fight bureaucratic inertia to do so. But it’s uncertain whether a secretary with no military experience — either in uniform or as a defense civilian — would be well-positioned to lead that effort.
“It will be difficult for anyone without experience in the Pentagon to take over the leadership of a service and do a good job,” said Stacie Pettyjohn, a senior fellow and director of the defense program at the Center for a New American Security. “Services are sprawling organizations with distinct cultures, subcultures and bureaucratic interests, and where decisions are made through many formal processes. To change a service’s plans, one must understand this Byzantine landscape.”
Experts said Phelan’s nomination reflects that Trump is seeking service branch heads who will not push back on his ideas — but that Phelan’s lack of experience is likely to create issues and delays of its own, They say the Navy can’t afford to lose time. One of the Navy’s biggest challenges is preparing for a potential military confrontation with China over Taiwan, a self-ruled island that China claims as its own.
“The stakes are high,” said Brad Bowman, senior director of the Center on Military and Political Power at the Foundation for Defense of Democracies. “The success or failure in addressing key problems in the US Navy over the next couple years may have a decisive effect on war and peace in the Taiwan Strait and elsewhere.”
Trump has called for a 350-ship Navy since his 2016 presidential campaign, but he experienced first-hand the difficulty in realizing that goal, given the challenges to shipbuilding and the erratic and often delayed congressional budget process.
There are just under 300 battle force ships in the fleet — vessels that have a direct role in conducting combat operations.
“The Navy is stretched covering Europe, the Middle East and the Pacific. Strategists have wanted to pull back from Europe and the Middle East, but recent conflicts have prevented that,” said Mark Cancian, a senior adviser at the Center for Strategic and International Studies. “So the next secretary will have a shrinking fleet, expanded overseas commitments, and an uncertain budget environment.”
The Marine Corps has called for 31 amphibious warships to help it maintain a close-to-shore presence around the globe. The Navy regularly has had to extend the deployments of its aircraft carriers and escorting destroyers, for example, to respond to the unstable security situation in the Middle East.
Each extension can create rippling effects: Ships don’t get maintained on schedule, and forces get tired of the lack of predictability for their families and leave the service.
Service branch chiefs spend vast amounts of time not only responding to the White House but also appeasing members of Congress in frequent hearings on Capitol Hill, shaping budget requests, holding constant meetings on service member issues, attending industry conferences and filling speakers requests. That all requires a nuanced understanding of the service that a secretary is leading, because major change in any of the branches often involves a lengthy process to review directives and past policy. Any changes to the many weapons systems the Navy and Marine Corps need and pursue are subject to lengthy contract award challenges.
“The Navy’s problem here is money,” Cancian said. “Even if the defense budget goes up, there will only be a relatively small increase available for shipbuilding. (If) the budget stays steady or goes down, then the Navy will have a major problem. The fleet will continue to shrink.”
Trump has signaled through multiple appointments, such as his selection of SpaceX founder Elon Musk to co-lead a nongovernmental Department of Government Efficiency, that he seeks to cut through red tape. But the service secretary can’t do that without moving through Congress, which has produced many of those regulations and processes the military must follow.
“It might help that he has a personal relationship with the president. However, his lack of experience in defense and the Pentagon will hurt the Navy,” Cancian said. “It will take him a while to learn the levers of power.”


Watchdog refers 40 UK charities to police over Israel-Hamas war

Charities in the UK have been under scrutiny for hate speech related to the war in Gaza. (AFP)
Updated 27 min 6 sec ago
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Watchdog refers 40 UK charities to police over Israel-Hamas war

  • Charity Commission opens further 200 regulatory cases related to the conflict in Gaza
  • Head of the organization says it is cracking down on antisemitism and hate speech

LONDON: Regulators in the UK investigating breaches of rules by charitable organizations during their activities linked to the war between Hamas and Israel in Gaza have referred 40 cases to the police since the Oct. 7 attacks last year.

The Charity Commission also opened 200 regulatory cases related to the conflict during the same period, the watchdog’s chairperson, Orlando Fraser, said.

The figures offer further evidence of the extent to which the fighting in the Middle East has led to polarization and hateful rhetoric in Europe and the US. In the UK’s charity sector, where many of the organizations have religious affiliations, the conflict has resulted in hundreds of cases the Charity Commission has felt the need to investigate.

The watchdog has moved robustly to take action against “perpetrators of concerning activities linked to the ongoing conflict in Israel and Gaza, including antisemitic and hate speech,” Fraser said during a speech at the commission’s annual general meeting on Tuesday.

The 200 regulatory cases related to the war it has looked into involved charities “with different views on the conflict,” he added. The 40 referrals to the police were made in cases where the commission considered criminal offenses might have been committed.

“We are clear that charities must never become vehicles for hate and we have robustly enforced that position,” Fraser said.


UK counter terrorism police arrest seven over ‘PKK activity’

Updated 27 November 2024
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UK counter terrorism police arrest seven over ‘PKK activity’

  • British police said they were carrying out searches at eight premises across London, including the Kurdish Community Center in the north of the capital

LONDON: British police said they had arrested seven people and were searching a Kurdish community center in London as part of a counter terrorism investigation into suspected activity linked to the banned Kurdistan Workers Party, known as the PKK.
Those arrested were five men and two women, aged between 23 and 62, police said, adding there was no imminent threat to the public.
“This activity has come about following a significant investigation and operation into activity we believe is linked to the terrorist group PKK,” said Acting Commander Helen Flanagan.
“These are targeted arrests of those we suspect of being involved in terrorist activity linked to the group.”
The PKK, a militant group founded in southeast Turkiye in 1978 with the aim of creating an independent Kurdish state, was banned in Britain in 2001. The group has been involved in a 40-year conflict, leading to more than 40,000 deaths.
British police said they were carrying out searches at eight premises across London, including the Kurdish Community Center in the north of the capital, which is likely to be closed to the public for up to two weeks.
Flanagan said later on Wednesday that the police understood the arrests had caused concern among some local communities, especially those in the Kurdish community.
“I want to reassure the community that our activity is being carried out to keep everyone safe from potential harm, including those within the Kurdish community itself,” Flanagan said.


Trump selects longtime adviser Keith Kellogg as special envoy for Ukraine and Russia

Updated 27 November 2024
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Trump selects longtime adviser Keith Kellogg as special envoy for Ukraine and Russia

  • As special envoy for Ukraine and Russia, Kellogg will have to navigate an increasingly untenable war between the two nations
  • Trump has criticized the billions that the Biden administration has poured into Ukraine

WEST PALM BEACH, Florida: President-elect Donald Trump said Wednesday that he has chosen Keith Kellogg, a highly decorated retired three-star general, to serve as his special envoy for Ukraine and Russia.
Kellogg, who is one of the architects of a staunchly conservative policy book that lays out an “America First” national security agenda for the incoming administration, will come into the role as Russia’s invasion of Ukraine enters its third year in February.
Trump made the announcement on his Truth Social account, and said “He was with me right from the beginning! Together, we will secure PEACE THROUGH STRENGTH, and Make America, and the World, SAFE AGAIN!”
Kellogg, a retired Army lieutenant general who has long been Trump’s top adviser on defense issues, served as national security adviser to Vice President Mike Pence, was chief of staff of the National Security Council and then stepped in as an acting security adviser for Trump after Michael Flynn resigned.
As special envoy for Ukraine and Russia, Kellogg will have to navigate an increasingly untenable war between the two nations.
The Biden administration has begun urging Ukraine to quickly increase the size of its military by drafting more troops and revamping its mobilization laws to allow for the conscription of troops as young as 18.
The White House has pushed more than $56 billion in security assistance to Ukraine since the start of Russia’s February 2022 invasion and expects to send billions more to Kyiv before Biden leaves office in less than months.
Trump has criticized the billions that the Biden administration has poured into Ukraine. Washington has recently stepped up weapons shipments and has forgiven billions in loans provided to Kyiv. The incoming Republican president has said he could end the war in 24 hours, comments that appear to suggest he would press Ukraine to surrender territory that Russia now occupies.
As a co-chairman of the American First Policy Institute’s Center for American Security, Kellogg wrote several of the chapters in the group’s policy book. The book, like the Heritage Foundation’s “Project 2025,” is a move to lay out a Trump national security agenda and avoid the mistakes of 2016 when he entered the White House largely unprepared.
Kellogg in April wrote that “bringing the Russia-Ukraine war to a close will require strong, America First leadership to deliver a peace deal and immediately end the hostilities between the two warring parties.”
Kellogg was a character in multiple Trump investigations dating to his first term. He was among the administration officials who listened in on the July 2019 call between Trump and Volodymyr Zelensky in which Trump prodded his Ukrainian counterpart to pursue investigations into the Bidens.
The call, which Kellogg would later say did not raise any concerns on his end, was at the center of the first of two House impeachment cases against Trump, who was acquitted by the Senate both times.
On Jan. 6, 2021, hours before pro-Trump rioters stormed the US Capitol, Kellogg, who was then Pence’s national security adviser, listened in on a heated call in which Trump told his vice president to object or delay the certification in Congress of President Joe Biden ‘s victory.
He later told House investigators that he recalled Trump saying to Pence words to the effect of: “You’re not tough enough to make the call.”