By Eric Tucker
Donald Trump was acting within his role as president when he pressed claims about “alleged fraud and irregularity” in the 2020 election, his lawyers told a federal appeals court in arguing that he is immune from prosecution.
The attorneys also asserted in a filing late Saturday night that the “historical fallout is tremendous” from the four-count indictment charging Trump with plotting to overturn the election he lost to Democrat Joe Biden.
No other former president has ever been indicted; Trump has been indicted four times, in both state and federal court, as he campaigns to reclaim the White House.
“The indictment of President Trump threatens to launch cycles of recrimination and politically motivated prosecution that will plague our Nation for many decades to come and stands likely to shatter the very bedrock of our Republic — the confidence of American citizens in an independent judicial system,” the attorneys wrote in a brief filed with the U.S. Court of Appeals for the District of Columbia Circuit.
At issue before the court, which has set arguments for Jan. 9, is whether Trump is immune from prosecution for what defense lawyers say are official acts that fell within the outer perimeter of a president's duties and responsibilities.
U.S. District Judge Tanya Chutkan earlier this month rejected that argument, siding with prosecutors from special counsel Jack Smith's team and declaring that the office of the presidency "does not confer a lifelong ‘get-out-of-jail-free’ pass.”
The appeals court's role in the dispute is center stage after the Supreme Court on Friday rejected a request from Smith to fast-track a decision on the immunity question. After Trump appealed Chutkan's order, Smith urged swift intervention from the high court in an effort to get a speedy decision that could keep the case on track for a trial scheduled to start on March 4.
But with that request denied, the two sides are advancing their arguments before the appeals court, where a three-judge panel will decide as early as next month whether to affirm or overrule Chutkan's decision.
In their latest filing, Trump's lawyers say that all of the acts Trump is accused of — including urging the Justice Department to investigate claims of voter fraud and telling state election officials that he believed the contests had been tainted by irregularities — are “quintessential" presidential acts that protect him from prosecution.
“They all reflect President Trump’s efforts and duties, squarely as Chief Executive of the United States, to advocate for and defend the integrity of the federal election, in accord with his view that it was tainted by fraud and irregularity,” they said.
They also contend that, under the Constitution, he cannot be criminally prosecuted for conduct for which he was already impeached, but then acquitted, by Congress.
Federal prosecutors, by contrast, say Trump broke the law after the election by scheming to disrupt the Jan. 6, 2021, counting of electoral votes, including by pressing then-Vice President Mike Pence to not certify the results and by participating in a plot to organize slates of fake electors in battleground states won by Biden who would falsely attest that Trump had actually won those states.
Though Trump's lawyers have suggested that he had a good faith basis to be concerned that fraud had affected the election, courts around the country and Trump's own attorney general and other government officials have found no evidence that that was the case.
Many U.S. consumers say they’ve noticed higher than usual prices for holiday gifts in recent months, according to a a December poll from The Associated Press-NORC Center for Public Affairs Research. A contributing factor is the unusually high import taxes the Trump administration put on foreign goods. While the worst-case consumer impact that many economists foresaw from the administration’s trade policies hasn’t materialized, some popular gift items have been affected more than others. Most toys and electronics sold in the U.S. come from China. So do most holiday decorations. Jewelry prices have risen due to the cost of gold.
Serbia’s prosecutor for organized crime has charged a government minister and three others with abuse of position and falsifying of documents related to a luxury real estate project linked to U.S. President Donald Trump’s son-in-law Jared Kushner. The charges came on Monday. The investigation centers on a controversy over a a bombed-out military complex in central Belgrade that was a protected cultural heritage zone but that is facing redevelopment as a luxury compound by a company linked to Kushner. The $500 million proposal to build a high-rise hotel, offices and shops at the site has met fierce opposition from experts at home and abroad. Selakovic and others allegedly illegally lifted the protection status for the site by falsifying documentation.
President Donald Trump has signed an executive order to block states from regulating artificial intelligence. He argues that heavy regulations could stifle the industry, especially given competition from China. Trump says the U.S. needs a unified approach to AI regulation to avoid complications from state-by-state rules. The order directs the administration to draw up a list of problematic regulations for the Attorney General to challenge. States with laws could lose access to broadband funding, according to the text of the order. Some states have already passed AI laws focusing on transparency and limiting data collection.
The New York Times and President Donald Trump are fighting again. The news outlet said Wednesday it won't be deterred by Trump's “false and inflammatory language” from writing about the 79-year-old president's health. The Times has done a handful of stories on that topic recently, including an opinion column that said Trump is “starting to give President Joe Biden vibes.” In a Truth Social post, Trump said it might be treasonous for outlets like the Times to do “FAKE” reports about his health and "we should do something about it.” The Republican president already has a pending lawsuit against the newspaper for its past reports on his finances.
President Donald Trump says he will allow Nvidia to sell its H200 computer chip used in the development of artificial intelligence to “approved customers” in China. Trump said Monday on his social media site that he had informed China’s leader Xi Jinping and “President Xi responded positively!” There had been concerns about allowing advanced computer chips into China as it could help them to compete against the U.S. in building out AI capabilities. But there has also been a desire to develop the AI ecosystem with American companies such as chipmaker Nvidia.
House Republicans in key battleground districts are working to contain the political fallout expected when thousands of their constituents face higher bills for health insurance coverage obtained through the Affordable Care Act. For a critical sliver of the GOP majority, the impending expiration of the enhanced premium tax credits after Dec. 31 could be a major political liability as they potentially face midterm headwinds in a 2026 election critical to President Donald Trump’s agenda. For Democrats, the party’s strategy for capturing the House majority revolves around pinning higher bills for groceries, health insurance and utilities on Republicans.
