** News Roundup: Trump Immunity Appeal, New Election Denial Lawsuit
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“Could a president order SEAL Team 6 to assassinate a political rival?”
According to former President Trump’s lawyers, the answer to that question from a judge ([link removed]) is that the president could, in fact, get away with murder if a majority of Congress decided to allow it by not impeaching and convicting.
On Tuesday, in the federal election interference case against Donald Trump, a three-judge panel of the U.S. District Court of Appeals for the D.C. Circuit seemed skeptical ([link removed]) of the former president’s argument that he is immune from prosecution.
* Trump had appealed U.S. District Court Judge Tanya Chutkan’s ruling ([link removed]) that rejected his immunity claims — a move designed to delay his trial, currently scheduled for March, until after the 2024 election.
But as American Oversight argued in an amicus brief that garnered significant attention, there may be another compelling reason besides the need for accountability to keep Trump’s trial on schedule. Among the issues before the judges was whether the court actually has jurisdiction to consider Trump’s interlocutory appeal before he has been tried by a jury, convicted, and sentenced.
* During Tuesday’s oral argument, the Justice Department lawyer referenced our argument and cited a key part of our brief, which states that the court could both rule on jurisdiction and issue an opinion explaining why the underlying immunity claim should be rejected.
* For more on why the appeals court should send the case back to district court for lack of jurisdiction, take a look at this explainer ([link removed]) , or read this op-ed co-authored by our executive director, Heather Sawyer ([link removed]) .
“The questions raised by the judges during the hearing go to the heart of a bedrock principle of our democracy — that no one, including a former president, is above the law,” Sawyer said in a statement ([link removed]) after the oral argument. “As American Oversight’s amicus brief argues, the court should reject Trump’s efforts to use premature appeals to evade accountability. The case should be returned to the district court so his trial can move forward.”
On the Records
New Lawsuit in Cochise County, Ariz.
Cochise County in Arizona has become a hotbed for election denialism in recent years, as officials there have promoted false claims about voter fraud and embraced conspiracy theories about voting machines.
On Wednesday, we filed a lawsuit in Cochise County ([link removed]) seeking the release of public records regarding recent election administration decisions, including officials’ refusal to meet Arizona’s deadline for certifying the 2022 midterm results.
* We sued after submitting several public records requests to county officials seeking the release of records related to the attempted hand-count audit of ballots, its 2022 refusal to certify results, potential communications with election denial activists, and information about the transfer of election administration authority to proponents of false claims about voter fraud.
* In November, two of the three members of the board of supervisors were indicted by a state grand jury and charged with conspiring to delay the 2022 vote count, making it “even more pressing for the people of Arizona to know what was happening behind closed doors as officials delayed certification of the 2022 midterm results, putting thousands of Arizonans’ votes at risk,” Sawyer said.
* “With the 2024 election looming, the public, especially Cochise County residents, should know how officials aligned with the election denial movement have used their authority to make significant changes to election administration and to undermine our democratic processes,” she added.
Other Stories We're Following
Election Denial and Threats to Democracy
* A Wisconsin Supreme Court justice says 'we're going to lose this battle' for democracy to 'a bunch of insurrectionists' if public officials don't speak out about the threats they've received (Business Insider ([link removed]) )
* Georgia court weighs voting machines at heart of Trump election fraud claims (Politico ([link removed]) )
* The little known Wisconsin legal group wreaking havoc on democracy (Democracy Docket ([link removed]) )
Voting Rights
* 3 novel legal arguments by Republicans that threaten the Voting Rights Act in 2024 (NPR ([link removed]) )
* Vote by mail in Florida: SB 1752 would add new restrictions for ballots if approved (CBS News ([link removed]) )
* New Nashville program provides eligible jail inmates pathway to voter registration, restoration (Tennessee Lookout ([link removed]) )
* New York Senate passes package of pro-voting bills (Democracy Docket ([link removed]) )
In the States
* Republican governors in 15 states reject summer food money for kids (Washington Post ([link removed]) )
* Waffle House VP appointed chairman of Georgia Election Board (Atlanta Journal-Constitution ([link removed]) )
* Florida GOP removes Christian Ziegler from party chairmanship amid sexual assault investigation (CNN ([link removed]) )
* Racine County man launches bid to recall Speaker Robin Vos over Trump, election issues (Milwaukee Journal Sentinel ([link removed]) )
* Conservative law group involved in drafting of GOP parental bill of rights legislation (Wisconsin Examiner ([link removed]) )
LGBTQ Rights
* Alabama can enforce a ban on gender-affirming care for transgender minors, appeals court rules (Associated Press ([link removed]) )
* Bill banning hormones for transgender youth is top priority for SC House GOP (News from the States ([link removed]) )
* What an Ohio veto reveals about Republican efforts to ban gender-affirming care (19th News ([link removed]) )
* Transgender youth sue Louisiana over gender-affirming health care ban (Louisiana Illuminator ([link removed]) )
* Efforts to restrict transgender health care endure in 2024, with more adults targeted (Associated Press ([link removed]) )
Abortion and Reproductive Rights
* In the fight over abortion rights, the government bans its first company from tracking medical visits (Politico ([link removed]) )
* With most abortions illegal in Missouri, few expect new bills will get traction this year (News from the States ([link removed]) )
* Why more women are joining a lawsuit challenging Tennessee's abortion ban (Tennessean ([link removed]) )
* The Supreme Court is allowing Idaho to enforce its strict abortion ban, even in medical emergencies (Associated Press ([link removed]) )
* Abortion foes launch campaign against ballot initiative, spread misinformation (Arizona Mirror ([link removed]) )
Threats to Education
* A transgender teen wanted to update his school records. Oklahoma created a rule to stop him (NBC News ([link removed]) )
* How a conservative Christian college got mixed up in the 2020 election plot (New York Times ([link removed]) )
* LSU says it scrubbed diversity statement due to age (Louisiana Illuminator ([link removed]) )
Government Transparency and Public Records Law
* Judge denies prison health care provider’s request to seal document outlining services (West Virginia Watch ([link removed]) )
* New York City hid realities of homelessness crisis, report finds (New York Times ([link removed]) )
* Florida lawmakers file dozens of public record exemptions, including for pet adopters (Tallahassee Democrat ([link removed]) )
Immigration
* Threats rise after Phoenix migrant shelter targeted online by right-wing activist (Arizona Republic ([link removed]) )
* U.S. House impeachment proceedings against Mayorkas over immigration feature state AGs (Missouri Independent ([link removed]) )
* How Texas officials stymied nonprofits' efforts to help migrants they bused to northern cities (CBS News ([link removed]) )
* Texas officers take ‘full control’ of Eagle Pass park against city’s wishes (Texas Tribune ([link removed]) )
* Abbott’s immigration rhetoric criticized again after interview response about shooting migrants (Texas Tribune ([link removed]) )
Trump Accountability and Jan. 6 Investigations
* Trump loses federal appeal on immunity in E. Jean Carroll case (Messenger ([link removed]) )
* Trump plans to deliver a closing argument at his civil fraud trial, AP sources say (Associated Press ([link removed]) )
* Former Trump lawyer Jenna Ellis faces second misconduct case in Colorado over conviction (Colorado Newsline ([link removed]) )
* Trump seeks dismissal of Georgia indictment, again claiming broad immunity (Politico ([link removed]) )
* Trump’s pattern of pressure to overturn the 2020 election (New York Times ([link removed]) )
* Apparent ‘swatting’ incidents target judge and prosecutor in Trump election case (New York Times ([link removed]) )
* Trump’s 91 criminal charges and where they stand (CREW ([link removed]) )
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