** Newsletter: Court Rules Trump Is Not Immune from Criminal Prosecution
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The U.S. Court of Appeals for the District of Columbia Circuit unanimously decided this week that former President Donald Trump is not immune from criminal prosecution for his role in efforts to subvert the 2020 election results. The court resoundingly rejected Trump’s claim that a president can commit crimes and avoid prosecution unless Congress impeaches and convicts him first.
* “We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,” the D.C. Circuit stated in its 57-page ruling released Tuesday. “Nor can we sanction his apparent contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count.”


In an attempt to delay his trial ([link removed]) , Trump had appealed U.S. District Court Judge Tanya Chutkan’s rejection of his immunity claims. In ([link removed]) an ([link removed]) amicus brief ([link removed]) that drew significant attention, American Oversight argued ([link removed]) in late December that this appeal was premature — and that the court would not have jurisdiction to hear the appeal until after he is tried by a jury, convicted, and sentenced.
* On Jan. 9, the D.C. Circuit heard oral arguments and questioned the parties on the jurisdiction issue raised in our amicus brief.
* In this week’s ruling, the court addressed the jurisdiction question and carefully considered American Oversight’s arguments, but ultimately found that it did have jurisdiction to hear the appeal.
* “We appreciate the Court’s careful consideration of our argument that Trump’s appeal was premature,” American Oversight’s Executive Director Heather Sawyer said following the decision. “By addressing the argument fully, the Court has removed the risk that this issue might be raised for the first time in any subsequent appeals, including to the Supreme Court, causing even more delay.”
* Last week, Judge Chutkan vacated ([link removed]) Trump’s original March 4 trial date and stated that a new schedule will be determined pending the outcome of the immunity arguments. Trump could further delay the trial by seeking rehearing in the D.C. Circuit or ultimate review by the Supreme Court.


On the Records

Taxpayer Spending at Trump Properties
Last week, Citizens for Responsibility and Ethics in Washington (CREW) reported ([link removed]) that GOP spending has “all but disappeared” from the former Trump International Hotel since it was sold and rebranded as a Waldorf-Astoria in 2022. This contradicts claims Republicans made during Trump’s presidency that they preferred the hotel for its convenient location — not for lining the president’s pockets or gaining closer access to the administration.
* Three years removed from his presidency, the American public continues to learn new details ([link removed]) about how Trump used his office to enrich his businesses. Earlier this month, the House Oversight Committee released a report ([link removed]) showing Trump’s businesses received at least $7.8 million from officials and the governments of 20 countries during his presidency.


For years, American Oversight has investigated how Trump’s time in office helped support his business dealings. Last year, we obtained records showing the Defense Department spent nearly $1 million at Trump properties ([link removed]) between July 2017 and November 2019.
* In 2021, we obtained records from the Pentagon ([link removed]) detailing trips taken by cabinet and White House officials on military airplanes during the first year of the Trump administration, including several visits to Trump’s Mar-a-Lago club in Florida.
* Our investigations also revealed the administration-wide indifference on how to ethically handle the spending of taxpayer money at Trump properties ([link removed]) .
* Trump, while leading his latest presidential campaign, is currently facing 91 charges and multiple lawsuits ([link removed]) scrutinizing his political and business careers. As those challenges make their way through the courts and the election approaches, American Oversight will continue its investigations of Trump’s in-office conflicts of interest.


Other Stories We're Following

Election Denial and Threats to Democracy
* Republicans are still trying to protect attorneys behind bogus election lawsuits from punishment (Arizona Mirror ([link removed]) )
* Tina Peters’ criminal trial in election system breach postponed again after she fires another team of lawyers (Colorado Sun ([link removed]) )
* Texas company was behind voter robocalls that impersonated Biden, NH says (New York Times ([link removed]) )
* AI-generated voices in robocalls can deceive voters. The FCC just made them illegal (Associated Press ([link removed]) )


Voting Rights
* A local redistricting battle in a New York City suburb may lead to a national fight (NPR ([link removed]) )
* State’s top elections official backs hand counting ballots in Park County (WyoFile ([link removed]) )
* Speaker White asks GOP leaders to explore restoration of voting rights to some people convicted of felonies (Mississippi Today ([link removed]) )
* Ohio attorney general opposes speeding up timeline for lawsuit over proposed voting rights amendment (Associated Press ([link removed]) )
* Some college students find it harder to vote under new Republican laws (Washington Post ([link removed]) )
* Arizona House Republicans pass bill banning voting centers and on-site early voting locations (Democracy Docket ([link removed]) )
* A new law aimed to increase voting access in rural counties. In South Texas it’s having the opposite effect. (Votebeat ([link removed]) )
* Alabama proposes law criminalizing some forms of absentee ballot voter aid (Guardian ([link removed]) )
* Assembly elections committee considers new rules for absentee ballot witnesses (Wisconsin Examiner ([link removed]) )
* Residents praise, condemn Lebanon Co. Commissioners' ballot drop box elimination decision (Lebanon Daily News ([link removed]) )


In the States
* Active shooter training: State-specific requirements for schools and law enforcement (Texas Tribune ([link removed]) )
* When a climate change denier becomes governor: Jeff Landry’s first month in office (Louisiana Illuminator ([link removed]) )
* Spindell faces new calls to resign from Elections Commission (Milwaukee Journal Sentinel ([link removed]) )


National News
* Ronna McDaniel, RNC chairwoman, plans to step down (New York Times ([link removed]) )
* Mattis secretly advised Arab monarch on Yemen war, records show (Washington Post ([link removed]) )


LGBTQ Rights
* Ohio backs off proposed restrictions on gender-affirming care for adults (Associated Press ([link removed]) )
* Senate committee kills bill that would've revised South Dakota's gender-affirming care ban (Sioux Falls Argus Leader ([link removed]) )


Abortion and Reproductive Rights
* Republicans block attempt to add rape, incest exemptions to Missouri’s abortion ban (Missouri Independent ([link removed]) )
* One abortion-rights initiative petitions is ending in Missouri as another kicks into gear (News from the States ([link removed]) )
* Florida court weighs ballot measure to allow abortion ‘before viability’ (New York Times ([link removed]) )


Threats to Education
* Indiana’s AG launched a tip line for controversial classroom material. It’s already raising concerns about accuracy and privacy (Chalkbeat ([link removed]) )
* Bills on literacy, cell phones, sex ed, and civics are advancing in the Indiana Statehouse (Chalkbeat ([link removed]) )
* GOP anti-trans school measures are back, and this time they may avoid Hobbs’ veto pen (News from the States ([link removed]) )


Government Transparency and Public Records Law
* ‘Certainly intimidation’: Louisiana sues EPA for emails with journalists and Cancer Alley residents (Intercept ([link removed]) )
* Missouri attorney general expects to end Sunshine Law backlog by May (Missouri Independent ([link removed]) )
* Attorney General Brown: ‘Correctional system needs some significant oversight’ (News from the States ([link removed]) )


Immigration
* Gov. Greg Abbott defends migrant tactics in Eagle Pass amid escalating legal battle with Biden administration (Texas Tribune ([link removed]) )
* FBI foils 2022 plot by militiamen to “start a war” at the Texas-Mexico border (Texas Tribune ([link removed]) )
* Eagle Pass residents on edge as Texas Gov. vows to expand border operations (Texas Public Radio ([link removed]) )
* Did an Operation Lone Star contractor fly Tennessee’s governor to Eagle Pass? (Texas Observer ([link removed]) )


Trump Accountability and Jan. 6 Investigations
* Trump has no immunity from Jan. 6 prosecution, appeals court rules (Washington Post ([link removed]) )
* Supreme Court takes up Donald Trump’s ballot eligibility (Wall Street Journal ([link removed]) )
* Supreme Court poised to allow Trump to remain on Colorado ballot (Washington Post ([link removed]) )
* What's the insurrection clause? Here's what it says. (Politico ([link removed]) )
* What the law says in 3 cases that could decide Trump’s fate (New York Times ([link removed]) )
* Trump’s Illinois ballot challenge to move forward (News from the States ([link removed]) )
* DC Circuit considers claim of Jan. 6 jury bias ahead of Trump trial (Washington Post ([link removed]) )
* Feds investigate threats to potential witness in Trump Mar-a-Lago documents case (NBC News ([link removed]) )
* Peter Navarro ordered to begin serving prison term for Jan. 6 contempt (Washington Post ([link removed]) )

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