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US Supreme Court agrees to hear Trump presidential immunity claim

US Supreme Court agrees to hear Trump presidential immunity claim
Trump had been scheduled to go on trial for election interference on March 4 but the proceedings have been frozen as his presidential immunity claim wound its way through the courts. (AP)
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Updated 29 February 2024
AFP
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US Supreme Court agrees to hear Trump presidential immunity claim

US Supreme Court agrees to hear Trump presidential immunity claim
  • Trump’s claim to be immune from criminal liability for actions he took while in the White House is “unsupported by precedent, history
Updated 29 February 2024
AFP
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WASHINGTON: The US Supreme Court agreed on Wednesday to hear Donald Trump’s claim that as a former president he enjoys immunity from criminal prosecution, as the 2024 White House candidate faces dozens of state and federal charges.
The court scheduled arguments in the high-stakes case for the week of April 22 and said Trump’s trial on charges of conspiring to overturn the 2020 election would remain on hold for now.
Trump had been scheduled to go on trial for election interference on March 4 but the proceedings have been frozen as his presidential immunity claim wound its way through the courts.
The Supreme Court said it would address the question of “whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”
It will be among the most consequential election law cases to reach the court since it halted the Florida vote recount in 2000 with Republican George W. Bush narrowly leading Democrat Al Gore.
A three-judge appeals court panel ruled earlier this month that the 77-year-old Trump has no immunity from prosecution as a former president.
Trump’s claim to be immune from criminal liability for actions he took while in the White House is “unsupported by precedent, history or the text and structure of the Constitution,” the judges said in a unanimous opinion.
“We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” they said.
The ruling was a major legal setback for Trump, the frontrunner for the 2024 Republican presidential nomination and the first ex-president to be criminally indicted.
The appeals court put the immunity ruling on hold to give Trump the opportunity to appeal to the Supreme Court.
Special Counsel Jack Smith filed the election conspiracy case against Trump in August and had been pushing hard for the March start date for his trial.
Lawyers for the former president have sought repeatedly to delay the trial until after the November election, when Trump could potentially have all of the federal cases against him dropped if he wins the White House again.
Trump also faces 2020 election interference charges in Georgia, and has been indicted in Florida for allegedly mishandling classified information.
He was impeached twice by the Democrat-controlled House of Representatives while in office — once for inciting an insurrection — but acquitted both times by the Senate.
The immunity case is one of two election-related cases before the Supreme Court.
The Colorado Supreme Court barred Trump in December from appearing on the Republican presidential primary ballot in the state because of his role in the January 6, 2021 attack on the US Capitol by his supporters.
Trump appealed the Colorado ruling and the conservative-majority Supreme Court heard arguments in the case in early February.
Both conservative and liberal justices expressed concern during arguments about having individual states decide which candidates can be on the presidential ballot this November.

Topics: US Supreme Court Donald Trump immunity

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International court to begin hearings that may shape global climate litigation

International court to begin hearings that may shape global climate litigation
Updated 5 sec ago
Reuters
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International court to begin hearings that may shape global climate litigation

International court to begin hearings that may shape global climate litigation
  • Court to give opinion on legal obligations around climate
  • ICJ opinion is non-binding but likely to influence litigation
Updated 5 sec ago
Reuters
THE HAGUE: The United Nations’ top court next week begins hearings on the legal obligation of countries to fight climate change and the consequences for states of contributing to global warming, the outcome of which could influence litigation worldwide.
While the advisory opinions of the International Court of Justice’s (ICJ) are non-binding, they are legally and politically significant. Experts say the ICJ’s eventual opinion on climate change will likely be cited in climate change-driven lawsuits in courts from Europe to Latin America and beyond.
The hearings begin a week after developing nations denounced as woefully inadequate an agreement reached at the COP29 summit for countries to provide $300 billion in annual climate finance by 2035 to help poorer nations cope with climate change.
Ralph Regenvanu, Vanuatu’s special envoy for climate change and the environment, said it was imperative fossil fuels be phased out and more money provided to poorer nations bearing the brunt of climate change, such as his Pacific island nation.
“We’re not seeing that in the outcome of the COPs,” Regenvanu told Reuters.
“We are hoping (the ICJ) can provide a new avenue to break through the inertia we experience when trying to talk about climate justice,” he added.
Fiji’s Attorney General Graham Leung called the hearings a historic opportunity for small island developing states in their quest for climate change justice.
CLIMATE LITIGATION
Climate litigation is on the rise.
Earlier this year, Europe’s top human rights court ruled that the Swiss government had violated the rights of its citizens by failing to do enough to combat climate change. But it also rejected two other cases, pointing to the complexities of the growing wave of climate litigation.
Vanuatu, one of the small developing nations that pushed for an ICJ advisory opinion, says it disproportionately suffers the effects of climate change as a result of increasingly intense storms and rising sea levels.
Vanuatu will be the first of 98 countries and twelve international organizations to present arguments to the ICJ, also known as the World Court. It is the United Nations’ highest court for resolving international disputes between states and can be tasked by the UN General Assembly to give advisory opinions.
In 2023, the assembly asked it for a formal opinion on questions including the legal obligations of states to protect the climate system and whether large states that contribute to greenhouse gas emissions may be liable for damages, in particular to small island nations.
“As COP29 failed to provide a clear direction for climate justice and ambition, any developments from the ICJ will now only become more weighty,” said Lea Main-Klingst, a lawyer with ClientEarth.
Aside from small island states and numerous Western and developing countries, the court will also hear from the world’s top two emitters of greenhouse gases, the United States and China. Oil producer group OPEC will also give its views.
The hearings will start at 10 a.m. (0900 GMT) local time on Monday and run until Dec. 13. The court’s opinion will be delivered in 2025.

Top UN court to open unprecedented climate hearings next week

Top UN court to open unprecedented climate hearings next week
Updated 40 min 40 sec ago
AFP
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Top UN court to open unprecedented climate hearings next week

Top UN court to open unprecedented climate hearings next week
  • Representatives from more than 100 countries, organizations will make submissions before the International Court of Justice
  • Activists hope the legal opinion from the ICJ judges will have far-reaching consequences in the fight against climate change
Updated 40 min 40 sec ago
AFP

THE HAGUE: The world’s top court will next week start unprecedented hearings aimed at finding a “legal blueprint” for how countries should protect the environment from damaging greenhouse gases — and what the consequences are if they do not.
From Monday, lawyers and representatives from more than 100 countries and organizations will make submissions before the International Court of Justice in The Hague — the highest number ever.
Activists hope the legal opinion from the ICJ judges will have far-reaching consequences in the fight against climate change.
But others fear the UN-backed request for a non-binding advisory opinion will have limited impact — and it could take the UN’s top court months, or even years, to deliver.
The hearings at the Peace Palace come days after a bitterly negotiated climate deal at the COP29 summit in Azerbaijan, which said developed countries must provide at least $300 billion a year by 2035 for climate finance.
Poorer countries have slammed the pledge from wealthy polluters as insultingly low and the final deal failed to mention a global pledge to move away from planet-heating fossil fuels.
The UN General Assembly last year adopted a resolution in which it referred two key questions to the ICJ judges.
First, what obligations did states have under international law to protect the Earth’s climate system from greenhouse gas emissions?
Second, what are the legal consequences under these obligations, where states, “by their acts and omissions, have caused significant harm to the climate system and other parts of the environment?“
The second question was also linked to the legal responsibilities of states for harm caused to small, more vulnerable countries and their populations.
This applied especially to countries under threat from rising sea levels and harsher weather patterns in places like the Pacific Ocean.
“Climate change for us is not a distant threat,” said Vishal Prasad, director of the Pacific Islands Students Fighting Climate Change (PISFCC) group.
“It is reshaping our lives right now. Our islands are at risk. Our communities face disruptive change at a rate and scale that generations before us have not known,” Prasad told journalists a few days before the start of the hearings.
Launching a campaign in 2019 to bring the climate issue to the ICJ, Prasad’s group of 27 students spearheaded consensus among Pacific island nations including his own native Fiji, before it was taken to the UN.
Last year, the General Assembly unanimously adopted the resolution to ask the ICJ for an advisory opinion.
Joie Chowdhury, a senior lawyer at the US and Swiss-based Center for International Environmental Law, said climate advocates did not expect the ICJ’s opinion “to provide very specific answers.”
Instead, she predicted the court would provide “a legal blueprint in a way, on which more specific questions can be decided,” she said.
The judges’ opinion, which she expected sometime next year, “will inform climate litigation on domestic, national and international levels.”
“One of the questions that is really important, as all of the legal questions hinge on it, is what is the conduct that is unlawful,” said Chowdhury.
“That is very central to these proceedings,” she said.
Some of the world’s largest carbon polluters — including the world’s top three greenhouse gas emitters, China, the United States and India — will be among some 98 countries and 12 organizations and groups expected to make submissions.
On Monday, proceedings will open with a statement from Vanuatu and the Melanesian Spearhead Group which also represents the vulnerable island states of Fiji, Papua New Guinea and the Solomon Islands as well as Indonesia and East Timor.
At the end of the two-week hearings, organizations including the EU and the Organization of the Petroleum Exporting Countries are to give their statements.
“With this advisory opinion, we are not only here to talk about what we fear losing,” the PISFCC’s Prasad said.
“We’re here to talk about what we can protect and what we can build if we stand together,” he said.

Indonesian rescuers search for missing in buried cars and bus after landslide in Sumatra

Indonesian rescuers search for missing in buried cars and bus after landslide in Sumatra
Updated 50 min 36 sec ago
Reuters
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Indonesian rescuers search for missing in buried cars and bus after landslide in Sumatra

Indonesian rescuers search for missing in buried cars and bus after landslide in Sumatra
  • The death toll from one landslide on Wednesday on a hilly interprovince road rose to nine from seven
  • Flash floods hit the provincial city of Medan on Friday although waters have receded in some areas
Updated 50 min 36 sec ago
Reuters

JAKARTA: Indonesian rescuers on Friday searched for survivors buried in three cars and bus at the base of a cliff after flash floods and landslides in North Sumatra province killed at least 29 people.
Torrential rain for the past week in the province has triggered flash floods and landslides in four different districts, Indonesia’s disaster agency has said.
The death toll from one landslide on Wednesday on a hilly interprovince road rose to nine from seven, Hadi Wahyudi, the spokesperson of North Sumatra police told Reuters on Friday.
At least five cars, one bus, and one truck were trapped at the base of a cliff following the landslide. On Friday, police and rescuers focused their search for missing people on three cars and one bus buried in mud.
“We still don’t know how many people who were still trapped,” Hadi said.
In other districts, landslides over the weekend killed 20 people and rescuers will keep searching for two missing people until Saturday.
Flash floods hit the provincial city of Medan on Friday although waters have receded in some areas, said Sariman Sitorus, spokesperson for the local search agency.
The floods forced a delay in votes for regional elections in some areas in Medan on Wednesday.
Extreme weather is expected in Indonesia toward the end of 2024, as the La Nina phenomenon increases rainfalls across the tropical archipelago, the country’s weather agency has warned.

Topics: Indonesia natural disasters

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UK transport secretary quits over decade-old cellphone fraud case

UK transport secretary quits over decade-old cellphone fraud case
Updated 45 min 47 sec ago
AP
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UK transport secretary quits over decade-old cellphone fraud case

UK transport secretary quits over decade-old cellphone fraud case
  • The resignation came hours after Sky News and The Times of London newspaper reported that Haigh had been charged with fraud
  • After she found the phone and switched it back on, she was called in for questioning by police
Updated 45 min 47 sec ago
AP

LONDON: British Transport Minister Louise Haigh resigned on Friday over a decade-old fraud conviction for claiming her cellphone had been stolen.
In a letter to Prime Minister Keir Starmer, Haigh said “I remain totally committed to our political project, but I now believe it will be best served by my supporting you from outside government.”
“I appreciate that whatever the facts of the matter, this issue will inevitably be a distraction from delivering on the work of this government and the policies to which we are both committed,” she wrote.
The resignation came hours after Sky News and The Times of London newspaper reported that Haigh had been charged with fraud after she reported that a work cellphone had been stolen after she was mugged in 2013. She later said she had mistakenly listed it among the stolen items.
After she found the phone and switched it back on, she was called in for questioning by police. Haigh pleaded guilty to fraud by misrepresentation and was given a conditional discharge.
In a statement before her resignation, Haigh said that “under the advice of my solicitor I pleaded guilty -– despite the fact this was a genuine mistake from which I did not make any gain. The magistrates accepted all of these arguments and gave me the lowest possible outcome (a discharge) available.”
Haigh, 37, has represented a district in Sheffield, northern England, in Parliament since 2015 and was named to the key transport post after Starmer’s center-left Labour party was elected in July.

Topics: UK

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Taiwan says 41 Chinese military aircraft, ships detected ahead of Lai US stopover

Taiwan says 41 Chinese military aircraft, ships detected ahead of Lai US stopover
Updated 29 November 2024
AFP
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Taiwan says 41 Chinese military aircraft, ships detected ahead of Lai US stopover

Taiwan says 41 Chinese military aircraft, ships detected ahead of Lai US stopover
  • The figure was the highest in more than three weeks, according to a tally of figures released daily by Taiwan’s defense ministry
Updated 29 November 2024
AFP

TAIPEI: Taiwan said Friday it had detected 41 Chinese military aircraft and ships around the island ahead of a Hawaii stopover by President Lai Ching-te, part of a Pacific tour that has sparked fury in Beijing.
The figure was the highest in more than three weeks, according to an AFP tally of figures released daily by Taiwan’s defense ministry.
China insists self-ruled Taiwan is part of its territory, which Taipei rejects.
To press its claims, China deploys fighter jets, drones and warships around Taiwan on a near-daily basis, with the number of sorties increasing in recent years.
In the 24 hours to 6:00 a.m. on Friday, Taiwan’s defense ministry said it had detected 33 Chinese aircraft and eight navy vessels in its airspace and waters.
That included 19 aircraft that took part in China’s “joint combat readiness patrol” on Thursday evening and was the highest number since November 4.
Taiwan also spotted a balloon — the fourth since Sunday — about 172 kilometers west of the island.

Topics: Taiwan China Lai Ching-te

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