Donald Trump’s inauguration marked a historic event, as he became the first president to be sworn in after facing criminal charges related to his attempt to overturn the 2020 election. Chief Justice John Roberts administered the oath, following a Supreme Court decision granting presidents immunity from prosecution for actions deemed part of their official duties. Trump’s inaugural address focused on attacking his political opponents and emphasized themes of cultural conservatism and nationalistic expansion. This return to power came after the Supreme Court overturned his previous convictions, effectively shielding him from legal consequences.
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President Biden advocates for a constitutional amendment explicitly removing presidential immunity from prosecution for crimes committed while in office. This proposed amendment aims to ensure accountability for all actions taken by a president, regardless of their position. The call for such an amendment follows ongoing debates about executive power and the rule of law. This initiative seeks to clarify and strengthen the principle of equal justice under the law.
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Special Counsel Jack Smith’s 137-page report on the January 6th insurrection details substantial evidence against Donald Trump and his associates, sufficient for a conviction were he not a former and potentially future president. The report undermines the Supreme Court’s presidential immunity ruling by highlighting that much of Trump’s conduct was outside his constitutional powers. Furthermore, the report implicitly criticizes the Department of Justice’s policy against indicting a sitting president, suggesting this policy hindered the investigation. The report’s evidence heavily implicates both high-profile and less prominent participants in a coordinated attempt to subvert the 2020 election results.
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The Supreme Court, in a 5-4 decision, rejected Donald Trump’s emergency request to delay his sentencing in the New York hush money case, allowing the proceeding to commence Friday. The court deemed the burden on Trump’s presidential transition “relatively insubstantial,” given the judge’s intent to impose no penalty. Trump’s conviction stems from falsifying business records related to hush-money payments made before the 2016 election, a conviction he contests based on claims of presidential immunity. While Trump will appear virtually, the ruling sparked further ethical concerns surrounding a phone call between Justice Alito and the President-elect prior to the appeal.
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Supreme Court Justice Samuel Alito spoke with President-elect Trump the day before Trump’s lawyers petitioned the court to halt his upcoming hush-money sentencing. Alito claims the call, at the request of a former law clerk, solely concerned a job recommendation and did not involve the pending petition. However, the timing raises ethical concerns regarding potential protocol violations given the court’s consideration of Trump’s appeal. Trump’s legal team argues the sentencing would interfere with the presidential transition, citing potential presidential immunity. The Supreme Court will now consider Trump’s petition.
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President-elect Trump, facing imminent sentencing for falsifying business records, petitioned the Supreme Court to halt proceedings. His argument centers on a landmark “immunity” decision, claiming it shields him from prosecution. Supreme Court Justice Alito, who spoke with Trump before the filing but denies discussing the case, has faced criticism for prior rulings favoring Trump and right-wing interests. The court’s decision will determine whether Trump enters office as the first criminally convicted president.
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Judge Aileen Cannon blocked the release of Special Counsel Jack Smith’s report investigating President-elect Trump, halting a process that would typically involve Attorney General Merrick Garland’s oversight. This action follows Trump’s legal victories, including a ruling deeming Smith’s appointment unconstitutional and a Supreme Court decision granting broad presidential immunity. Trump’s former co-defendants, Nauta and De Oliveira, successfully argued that the report’s release would prejudice their ongoing cases, prompting the 11th Circuit Court of Appeals to review Cannon’s order. The report’s public release is now delayed pending the appeals court’s decision.
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Judge Juan Merchan denied President-elect Trump’s motion to delay his January 10th sentencing on 34 felony counts of falsifying business records, rejecting arguments regarding presidential immunity appeals. The judge deemed Trump’s arguments repetitive and noted the current schedule resulted from Trump’s previous requests for adjournments. Prosecutors argued that sentencing before the inauguration avoids potential conflicts and would be brief. The judge previously indicated an unconditional discharge is likely, meaning Trump would remain a convicted felon but face no additional penalties.
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Following the conclusion of Special Counsel Jack Smith’s investigations into Donald Trump, Trump’s legal team demanded the Justice Department withhold the final report, citing the Presidential Transition Act and presidential immunity. This request, sent to Attorney General Merrick Garland, intensified calls for the report’s public release. Smith’s report, covering investigations into classified documents and election subversion, was submitted to Garland, who will decide on its public disclosure. Despite Trump’s team’s efforts and a related request to Judge Cannon, the 11th Circuit Court of Appeals currently holds jurisdiction over the case.
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Following the January 6th Capitol attack, Donald Trump escaped criminal prosecution, despite calls for accountability from both Democrats and Republicans. Critics, including some within the Biden administration, fault Attorney General Merrick Garland for delaying the appointment of a special prosecutor until after Trump’s reelection, enabling Trump to avoid trial due to legal protections afforded to sitting presidents. This delay, coupled with a Supreme Court decision on presidential immunity, allowed Trump to evade responsibility, ultimately winning the 2024 election. While over 1000 individuals involved in the attack faced prosecution, Trump’s actions remain largely unaddressed, other than potential civil lawsuits.
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John Q. Hosedrinker