CBS News
Trump’s lawyers ask appeals court to rule on immunity in late-night filing
Donald Trump was acting within his role as president when he pressed claims about “alleged fraud and irregularity” in the 2020 election, his lawyers told a federal appeals court in arguing that he is immune from prosecution.
The attorneys also asserted in a filing late Saturday night that the “historical fallout is tremendous” from the four-count indictment charging Trump with plotting to overturn the election he lost to Democrat Joe Biden.
No other former president has ever been indicted; Trump has been indicted four times, in both state and federal court, as he campaigns to reclaim the White House.
“The indictment of President Trump threatens to launch cycles of recrimination and politically motivated prosecution that will plague our Nation for many decades to come and stands likely to shatter the very bedrock of our Republic — the confidence of American citizens in an independent judicial system,” the attorneys wrote in a brief filed with the U.S. Court of Appeals for the District of Columbia Circuit.
At issue before the court, which has set arguments for Jan. 9, is whether Trump is immune from prosecution for what defense lawyers say are official acts that fell within the outer perimeter of a president’s duties and responsibilities.
U.S. District Judge Tanya Chutkan earlier this month rejected that argument, siding with prosecutors from special counsel Jack Smith’s team and declaring that the office of the presidency “does not confer a lifelong ‘get-out-of-jail-free’ pass.”
The appeals court’s role in the dispute is center stage after the Supreme Court on Friday rejected a request from Smith to fast-track a decision on the immunity question. After Trump appealed Chutkan’s order, Smith urged swift intervention from the high court in an effort to get a speedy decision that could keep the case on track for a trial scheduled to start on March 4.
But with that request denied, the two sides are advancing their arguments before the appeals court, where a three-judge panel will decide as early as next month whether to affirm or overrule Chutkan’s decision.
In their latest filing, Trump’s lawyers say that all of the acts Trump is accused of — including urging the Justice Department to investigate claims of voter fraud and telling state election officials that he believed the contests had been tainted by irregularities — are “quintessential” presidential acts that protect him from prosecution.
“They all reflect President Trump’s efforts and duties, squarely as Chief Executive of the United States, to advocate for and defend the integrity of the federal election, in accord with his view that it was tainted by fraud and irregularity,” they said.
They also contend that, under the Constitution, he cannot be criminally prosecuted for conduct for which he was already impeached, but then acquitted, by Congress.
Federal prosecutors, by contrast, say Trump broke the law after the election by scheming to disrupt the Jan. 6, 2021, counting of electoral votes, including by pressing then-Vice President Mike Pence to not certify the results and by participating in a plot to organize slates of fake electors in battleground states won by Biden who would falsely attest that Trump had actually won those states.
Though Trump’s lawyers have suggested that he had a good faith basis to be concerned that fraud had affected the election, courts around the country and Trump’s own attorney general and other government officials have found no evidence that that was the case.
CBS News
Helene disrupts yellow jacket, bee nests in North Carolina, prompting massive Benadryl, EpiPen requests
Deadly flooding from Hurricane Helene in western North Carolina has disrupted the underground nests of yellow jackets, bees and other insects, causing them to swarm and sting people struggling to recover from the storm.
It has caused such a surge in requests for medication to protect people allergic to stings that the North Carolina Department of Health and Human Services is buying Benadryl and epinephrine injections to help fill requests through hospitals, emergency medical personnel and doctors.
Pharmacists in the state can also provide emergency refills for people who are already prescribed allergy medications, according to a state health department spokesperson. The state is planning to allow people to buy epinephrine injections such as EpiPens without a prescription, and it is working to collect and distribute donations of medicines.
While most people are not allergic to stings from bees and other insects, irritation and pain can be intense and stings can swell and remain painful for days, according to the Mayo Clinic. And some people can have a severe allergic reaction that can lead to anaphylaxis that can cause difficulty breathing, swelling of the tongue and throat, weak pulse and loss of consciousness. In these situations, it’s critical to administer epinephrine immediately.
Being stung more than a dozen times can also cause a buildup of venom in the body that can cause serious sickness that can include dizziness, fever, convulsions or vomiting.
To reduce the risk of getting stung, experts recommend wearing long and light-colored clothing that has a smooth finish, avoiding perfumes and smelly soaps and deodorants.
If there’s only one stinging insect around, they recommend staying calm and still, and to avoid swatting at it. But if several are stinging, they say it’s better to try to quickly get indoors or into a shaded area. Bees release a chemical when they sting that attracts other bees.
Several hospitals across the U.S. are grappling with shortages of IV fluid after flooding from Hurricane Helene forced medical fluid manufacturers to halt production.
Baxter International, the leading supplier of IV fluids to hospitals, said its facility in Marion, North Carolina, remains closed for the foreseeable future.
“Baxter’s North Cove facility affected by flooding and currently closed for production as the company assesses extent of the impact,” the company says in a statement on its website.
The company, which supplies about 60% of the country’s IV fluid bags, added that it’s working with federal agencies to support recovery efforts and “mitigate supply disruption to patients.”
IV fluids are administered intravenously to treat dehydration and are critical for surgery, during which patients are asleep for a long time and unable to eat and drink.
“Remediation efforts are already underway, and we will spare no resource — human or financial — to resume production and help ensure patients and providers have the products they need,” José (Joe) E. Almeida, chair, president and chief executive officer at Baxter, said in a statement.
Mass General Brigham is among the health care systems that has not received its usual supply of IV fluid. Chief preparedness and continuity officer Dr. Paul Biddinger said during a press conference Friday that the hospital network expects to receive about 40% of what it usually gets from Baxter.
Biddinger called the supply constraint “one of the biggest shortages” the hospital network has ever dealt with.
Other manufacturers of IV fluids say they’re ramping up production to help cover the shortage. B. Braun said none of its manufacturing sites were affected by the Hurricane Helene, and that it’s “taking immediate steps to increase production at our pharmaceutical manufacturing sites in Irvine, California, and Daytona Beach, Florida, focusing on critical IV fluids.”
The company as also placed its products on “protective allocation” and is encouraging providers that administer IVs to practice conservation, including by using alternative hydration methods, a spokesperson told CBS MoneyWatch.
ICU Medical, another IV fluid manufacturer, said it’s also taking steps “to increase production to help meet market needs while continuing to support our existing customers.”
Hospitals also experienced IV fluid shortages in 2017, when Hurricane Maria disrupted manufacturing.
“Having experienced similar challenges in the wake of Hurricane Maria in 2017, we continue to be mindful of how we manage the supply of these medications to ensure minimal impact on our patients. Hospital operations continue as normal and patient care remains unaffected,” Dr. Biddinger of Mass General Brigham said in a statement.
Several hospitals across the U.S. are grappling with shortages of IV fluid after flooding from Hurricane Helene forced medical fluid manufacturers to halt production.
Baxter International, the leading supplier of IV fluids to hospitals, said its facility in Marion, North Carolina, remains closed for the foreseeable future. In a statement on its website, the company says, “Baxter’s North Cove facility affected by flooding and currently closed for production as the company assesses extent of the impact.”
The company, which supplies about 60% of the country’s IV fluid bags, added that it’s working with federal agencies to support recovery efforts and “mitigate supply disruption to patients.”
IV fluids are administered intravenously to treat dehydration and are critical for surgery, during which patients are asleep for a long time and unable to eat and drink.
“Remediation efforts are already underway, and we will spare no resource — human or financial — to resume production and help ensure patients and providers have the products they need,” José (Joe) E. Almeida, chair, president and chief executive officer at Baxter, said in a statement.
Mass General Brigham is among the health care systems that has not received its usual supply of IV fluid. Chief preparedness and continuity officer Dr. Paul Biddinger said during a press conference Friday that the hospital network expects to receive about 40% of what it usually gets from Baxter.
Biddinger called the supply constraint “one of the biggest shortages” the hospital network has ever dealt with.
Other manufacturers of IV fluids say they’re ramping up production to help cover the shortage. B. Braun said none of its manufacturing sites were affected by the Hurricane Helene, and that it’s “taking immediate steps to increase production at our pharmaceutical manufacturing sites in Irvine, California, and Daytona Beach, Florida, focusing on critical IV fluids.”
The company as also placed its products on “protective allocation” and is encouraging providers that administer IVs to practice conservation, including by using alternative hydration methods, a spokesperson told CBS MoneyWatch.
ICU Medical, another IV fluid manufacturer, said it’s also taking steps “to increase production to help meet market needs while continuing to support our existing customers.”
Hospitals also experienced IV fluid shortages in 2017, when Hurricane Maria disrupted manufacturing.
“Having experienced similar challenges in the wake of Hurricane Maria in 2017, we continue to be mindful of how we manage the supply of these medications to ensure minimal impact on our patients. Hospital operations continue as normal and patient care remains unaffected,” Dr. Biddinger of Mass General Brigham said in a statement.
Helene disrupts yellow jacket, bee nests in North Carolina, prompting massive Benadryl, EpiPen requests
Hospitals across the U.S. face IV fluid shortage after Hurricane Helene
Hospitals across the U.S. face IV fluid shortage after Hurricane Helene
Helene disrupts yellow jacket, bee nests in North Carolina, prompting massive Benadryl, EpiPen requests
Hospitals across the U.S. face IV fluid shortage after Hurricane Helene