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, Trump had appealed U.S. District Court Judge Tanya Chutkan’s rejection of his immunity claims. In an amicus brief that drew significant attention, American Oversight argued 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 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

Last week, Citizens for Responsibility and Ethics in Washington (CREW) reported 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 about how Trump used his office to enrich his businesses. Earlier this month, the House Oversight Committee released a report 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 between July 2017 and November 2019. 

• In 2021, we obtained records from the Pentagon 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. 
• Trump, while leading his latest presidential campaign, is currently facing 91 charges and multiple lawsuits 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)
• Tina Peters’ criminal trial in election system breach postponed again after she fires another team of lawyers (Colorado Sun)
• Texas company was behind voter robocalls that impersonated Biden, NH says (New York Times)
• AI-generated voices in robocalls can deceive voters. The FCC just made them illegal (Associated Press)

Voting Rights

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

In the States

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

National News

• Ronna McDaniel, RNC chairwoman, plans to step down (New York Times)
• Mattis secretly advised Arab monarch on Yemen war, records show (Washington Post)

LGBTQ Rights

• Ohio backs off proposed restrictions on gender-affirming care for adults (Associated Press)
• Senate committee kills bill that would’ve revised South Dakota’s gender-affirming care ban (Sioux Falls Argus Leader)

Abortion and Reproductive Rights

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

Threats to Education

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

Government Transparency and Public Records Law

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

Immigration

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

Trump Accountability and Jan. 6 Investigations

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