“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 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 of the former president’s argument that he is immune from prosecution.

• Trump had appealed U.S. District Court Judge Tanya Chutkan’s ruling 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, or read this op-ed co-authored by our executive director, Heather Sawyer.

“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 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 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)
• Georgia court weighs voting machines at heart of Trump election fraud claims (Politico)
• The little known Wisconsin legal group wreaking havoc on democracy (Democracy Docket)

Voting Rights

• 3 novel legal arguments by Republicans that threaten the Voting Rights Act in 2024 (NPR)
• Vote by mail in Florida: SB 1752 would add new restrictions for ballots if approved (CBS News)
• New Nashville program provides eligible jail inmates pathway to voter registration, restoration (Tennessee Lookout)
• New York Senate passes package of pro-voting bills (Democracy Docket)

In the States

• Republican governors in 15 states reject summer food money for kids (Washington Post)
• Waffle House VP appointed chairman of Georgia Election Board (Atlanta Journal-Constitution)
• Florida GOP removes Christian Ziegler from party chairmanship amid sexual assault investigation (CNN)
• Racine County man launches bid to recall Speaker Robin Vos over Trump, election issues (Milwaukee Journal Sentinel)
• Conservative law group involved in drafting of GOP parental bill of rights legislation (Wisconsin Examiner)

LGBTQ Rights

• Alabama can enforce a ban on gender-affirming care for transgender minors, appeals court rules (Associated Press)
• Bill banning hormones for transgender youth is top priority for SC House GOP (News from the States)
• What an Ohio veto reveals about Republican efforts to ban gender-affirming care (19th News)
• Transgender youth sue Louisiana over gender-affirming health care ban (Louisiana Illuminator)
• Efforts to restrict transgender health care endure in 2024, with more adults targeted (Associated Press)

Abortion and Reproductive Rights

• In the fight over abortion rights, the government bans its first company from tracking medical visits (Politico)
• With most abortions illegal in Missouri, few expect new bills will get traction this year (News from the States)
• Why more women are joining a lawsuit challenging Tennessee’s abortion ban (Tennessean)
• The Supreme Court is allowing Idaho to enforce its strict abortion ban, even in medical emergencies (Associated Press)
• Abortion foes launch campaign against ballot initiative, spread misinformation (Arizona Mirror)

Threats to Education

• A transgender teen wanted to update his school records. Oklahoma created a rule to stop him (NBC News)
• How a conservative Christian college got mixed up in the 2020 election plot (New York Times)
• LSU says it scrubbed diversity statement due to age (Louisiana Illuminator)

Government Transparency and Public Records Law

• Judge denies prison health care provider’s request to seal document outlining services (West Virginia Watch)
• New York City hid realities of homelessness crisis, report finds (New York Times)
• Florida lawmakers file dozens of public record exemptions, including for pet adopters (Tallahassee Democrat)

Immigration

• Threats rise after Phoenix migrant shelter targeted online by right-wing activist (Arizona Republic)
• U.S. House impeachment proceedings against Mayorkas over immigration feature state AGs (Missouri Independent)
• How Texas officials stymied nonprofits’ efforts to help migrants they bused to northern cities (CBS News)
• Texas officers take ‘full control’ of Eagle Pass park against city’s wishes (Texas Tribune)
• Abbott’s immigration rhetoric criticized again after interview response about shooting migrants (Texas Tribune)

Trump Accountability and Jan. 6 Investigations

• Trump loses federal appeal on immunity in E. Jean Carroll case (Messenger)
• Trump plans to deliver a closing argument at his civil fraud trial, AP sources say (Associated Press)
• Former Trump lawyer Jenna Ellis faces second misconduct case in Colorado over conviction (Colorado Newsline)
• Trump seeks dismissal of Georgia indictment, again claiming broad immunity (Politico)
• Trump’s pattern of pressure to overturn the 2020 election (New York Times)
• Apparent ‘swatting’ incidents target judge and prosecutor in Trump election case (New York Times)
• Trump’s 91 criminal charges and where they stand (CREW)