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Trump not immune from prosecution in 2020 election case, appeals court says, siding with special counsel

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Washington — A federal appeals court in Washington found former President Donald Trump is not entitled to broad immunity from federal prosecution, delivering a landmark decision that would allow the criminal case against the former president involving the 2020 presidential election to move forward if the ruling is upheld.

A three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit said in its opinion Tuesday that it is upholding the decision from a lower court denying him absolute immunity from prosecution.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the three-judge panel wrote in its opinion. “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

Trump is expected to appeal the decision either to the full D.C. Circuit or the Supreme Court. The D.C. Circuit gave Trump until Feb. 12 to ask the nation’s highest court to pause its decision before it takes effect.

Trump’s immunity appeal

The D.C. Circuit moved swiftly in considering Trump’s appeal of a lower court decision that also rejected his claims of absolute immunity from prosecution for acts committed while he was in office. The opinion from the three-judge panel — consisting of Judges Karen LeCraft Henderson, Michelle Childs and Florence Pan — came less than a month after they heard arguments in the case.

Smith had urged the D.C. Circuit to speed up its review of the district court’s order, warning that the trial that was originally scheduled to begin March 4 could not go forward before Trump’s appeal was resolved. Last week, the judge delayed the start of the trial to let the appeals process play out.

In August 2023, the former president was charged with four counts stemming from an alleged attempt to unlawfully overturn the results of the 2020 presidential election. Trump pleaded not guilty to all charges and has accused the Justice Department of pursuing a politically motivated prosecution targeting President Biden’s chief political rival. There is no evidence that Mr. Biden is involved in either of the special counsel’s two prosecutions of Trump.

Trump first raised his claim of presidential immunity in October, when he asked U.S. District Judge Tanya Chutkan, who is overseeing his criminal case in D.C., to dismiss the charges brought against him. The former president’s lawyers said he cannot be charged for actions he performed within the “outer perimeter” of his official duties, and argued that a president can only be prosecuted after he is impeached by the House and convicted by the Senate.

Trump was impeached by the House on one article of incitement of insurrection following the Jan. 6, 2021, attack on the U.S. Capitol, but was then acquitted by the Senate.

The special counsel has said Trump’s alleged criminal actions — which involve pressuring the vice president to unilaterally reject state electoral votes and organizing false slates of presidential electors in key states he lost, according to the indictment — fell outside the scope of his official duties, given that they were taken in his capacity as a candidate for the White House and involved private attorneys and campaign staff.

Chutkan rejected Trump’s effort to toss out the indictment, finding he cannot be shielded from criminal prosecution after leaving office for alleged conduct that occurred while he was in the White House.

“Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass,” she wrote in her Dec. 1 decision.

Trump, Chutkan concluded, “may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”

The D.C. Circuit’s hearing

The former president asked the D.C. Circuit to review Chutkan’s ruling, and the three-judge panel expressed skepticism toward his claim of broad immunity.

During oral arguments Jan. 9, which Trump attended, Pan, appointed by Mr. Biden, proposed a series of extreme hypothetical scenarios involving a president’s conduct to test the limits of Trump’s immunity argument.

“You’re saying a president could sell pardons, could sell military secrets, could order SEAL Team 6 to assassinate a political rival,” she told D. John Sauer, Trump’s lawyer, during one exchange, referring to the elite Navy unit.

Sauer had argued that impeachment and conviction are required before a president can be criminally prosecuted.

Henderson, appointed by President George H.W. Bush, said it was “paradoxical” to say Trump’s constitutional duty to take care that the laws are faithfully executed allows him to then violate the law. 

Trump’s assertion of sweeping immunity raises the untested question of whether a former president can face charges for actions taken while in office. The Supreme Court held in a 1982 decision that presidents have absolute immunity from civil lawsuits arising out of conduct “within the ‘outer perimeter’ of his duties of office.” But the nation’s highest court has never decided whether that immunity extends to criminal prosecution after a president leaves office, and Trump is the first former president in the nation’s history to be indicted. 

Smith asked the Supreme Court last month to leap-frog the appeals court and decide the immunity issue, but the high court declined to fast-track the case.



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“Beyond the Gates” cast announced: Tamara Tunie, Daphnee Duplaix, Karla Mosley star in Black-led CBS daytime drama

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CBS has announced the first cast members for “Beyond the Gates,” which will become the first one-hour Black daytime soap to air on TV when it premieres early next year.

The show, set in an affluent Maryland suburb, centers around the Duprees, a prominent, multigenerational family. Tamara Tunie, Daphnee Duplaix and Karla Mosley have been cast as three key members of the Dupree family: the family matriarch and her two daughters.

Stars of
Stars of “Beyond the Gates”

Emilio Madrid; Getty Images; Karla Mosley


Tunie will star as Anita Dupree, a famous singer who raised two daughters with her husband, a former senator. Tunie starred as attorney Jessica Griffin on “As the World Turns” and as Dr. Melinda Warner on “Law & Order: Special Victims Unit.”

Duplaix will play the role of Dr. Nicole Dupree Richardson, Anita’s psychiatrist daughter whose life appears perfect from the outside. Duplaix is best known for her role on “One Life to Live” as Rachel Gannon, which earned her an NAACP Award nomination.

Mosley will portray Anita’s other daughter, Dani Dupree, an ex-model-turned-momager. Mosley was nominated for an NAACP Image Award for her role as Maya Avant Forrester on “The Bold and the Beautiful.”

“Beyond the Gates” will be the first new daytime drama to debut since “Passions” premiered in 1999.



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300 sea corals brought from Florida to Texas as part of effort to save the species

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South Florida and Texas work together to save coral reefs


South Florida and Texas work together to save coral reefs

01:43

Dania Beach, Fla. — Scientists have moved about about 300 endangered sea corals from South Florida to the Texas Gulf Coast for research and restoration.

Nova Southeastern University and Texas A&M University-Corpus Christi researchers packed up the corals Wednesday at the NSU’s Oceanographic Campus in Dania Beach. The sea creatures were then loaded onto a van, taken to a nearby airport and flown to Texas.

Researchers were taking extreme caution with the transfer of these delicate corals, NSU researcher Shane Wever said.

“The process that we’re undertaking today is a really great opportunity for us to expand the representation of the corals that we are working with and the locations where they’re stored,” Wever said. “Increasing the locations that they’re stored really acts as safeguards for us to protect them and to preserve them for the future.”

Each coral was packaged with fresh clean sea water and extra oxygen, inside a protective case and inside insulated and padded coolers and was in transport for the shortest time possible.

NSU’s marine science research facility serves as a coral reef nursery, where rescued corals are stored, processed for restoration and transplanted back into the ocean. The school has shared corals with other universities, like the University of Miami, Florida Atlantic University and Texas State University, as well as the Coral Restoration Foundation in the Florida Keys.

Despite the importance of corals, it’s easy for people living on land to forget how important things in the ocean are, Texas A&M University-Corpus Christi researcher Keisha Bahr said.

Coral Restoration Transport
Texas A&M University-Corpus Christi researcher Keisha Bahr prepares live corals for transport at the Nova Southeastern University’s Oceanographic Campus in Dania Beach, Fla., on Sept. 18, 2024.

David Fischer / AP


“Corals serve a lot of different purposes,” Bahr said. “First of all, they protect our coastlines, especially here in Florida, from wave energy and coastal erosion. They also supply us with a lot of the food that we get from our oceans. And they are nurseries for a lot of the organisms that come from the sea.”

Abnormally high ocean temperatures caused widespread coral bleaching in 2023, wiping out corals in the Florida Keys. Texas A&M University-Corpus Christi turned to NSU when its partners in the Keys were no longer able to provide corals for its research. Broward County was spared from the majority of the 2023 bleaching so the NSU offshore coral nursery had healthy corals to donate.

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Scientists in the Florida Keys are trying to rescue reef species that are losing their health and vibrant colors due to warming waters caused by climate change.

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“We’re losing corals at an alarming rate,” Bahr said. “We lost about half of our corals in last three decades. So we need to make sure that we continue to have these girls into the future.”

Texas A&M University-Corpus Christi is using some of these corals to study the effects of sediment from Port Everglades on coral health. The rest will either help the university with its work creating a bleaching guide for the Caribbean or act as a genetic bank, representing nearly 100 genetically distinct Staghorn coral colonies from across South Florida’s reefs.

“We wanted to give them as many genotypes, which are genetic individuals, as we could to really act as a safeguard for these this super important species,” Wever said.



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CIA officer who drugged, photographed and sexually assaulted dozens of women gets 30 years in prison as victims stare him down

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A longtime CIA officer who drugged, photographed and sexually assaulted more than two dozen women in postings around the world was sentenced to 30 years in federal prison Wednesday after an emotional hearing in which victims described being deceived by a man who appeared kind, educated and part of an agency “that is supposed to protect the world from evil.”

Brian Jeffrey Raymond, with a graying beard and orange prison jumpsuit, sat dejectedly as he heard his punishment for one of the most egregious misconduct cases in the CIA’s history. It was chronicled in his own library of more than 500 images that showed him in some cases straddling and groping his nude, unconscious victims.

“It’s safe to say he’s a sexual predator,” U.S. Senior Judge Colleen Kollar-Kotelly said in imposing the full sentence prosecutors had requested. “You are going to have a period of time to think about this.”

Prosecutors say the 48-year-old Raymond’s assaults date to 2006 and tracked his career in Mexico, Peru and other countries, all following a similar pattern.

He would lure women he met on Tinder and other dating apps to his government-leased apartment and drug them while serving wine and snacks. Once they were unconscious, he spent hours posing their naked bodies before photographing and assaulting them. He opened their eyelids at times and stuck his fingers in their mouths.

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  Brian Jeffrey Raymond

U.S. Embassy and Consulates in Mexico


One by one, about a dozen of Raymond’s victims who were identified only by numbers in court recounted how the longtime spy upended their lives. Some said they only learned what happened after the FBI showed them the photos of being assaulted while unconscious.

“My body looks like a corpse on his bed,” one victim said of the photos. “Now I have these nightmares of seeing myself dead.”

One described suffering a nervous breakdown. Another spoke of a recurring trance that caused her to run red lights while driving. Many told how their confidence and trust in others had been shattered forever.

“I hope he is haunted by the consequences of his actions for the rest of his life,” said one of the women, who like others stared Raymond down as they walked away from the podium.

Reading from a statement, Raymond told the judge that he has spent countless hours contemplating his “downward spiral.”

“It betrayed everything I stand for and I know no apology will ever be enough,” he said. “There are no words to describe how sorry I am. That’s not who I am and yet it’s who I became.”

In October 2021, the FBI issued a notice to the public, seeking other potential victims of and additional information about Raymond, saying that some women depicted in the incriminating photos and videos remain unidentified.

In a statement Wednesday, authorities praised all the victims who came forward.

“The FBI thanks the brave women who shared information that furthered this investigation,” said

FBI Assistant Director in Charge David Sundberg of the Washington Field Office. “We recognize our domestic and foreign law enforcement partners who helped bring Raymond to justice for his reprehensible crimes.”

Raymond’s sentencing comes amid a reckoning on sexual misconduct at the CIA. The Associated Press reported last week that another veteran CIA officer faces state charges in Virginia for allegedly reaching up a co-worker’s skirt and forcibly kissing her during a drunken party in the office.

Still another former CIA employee – an officer trainee – is scheduled to face a jury trial next month on charges he assaulted a woman with a scarf in a stairwell at the agency’s Langley, Virginia, headquarters. That case emboldened some two dozen women to come forward to authorities and Congress with accounts of their own of sexual assaults, unwanted touching and what they contend are the CIA’s efforts to silence them.

And yet the full extent of sexual misconduct at the CIA remains a classified secret in the name of national security, including a recent 648-page internal watchdog report that found systemic shortcomings in the agency’s handling of such complaints.

“The classified nature of the activities allowed the agency to hide a lot of things,” said Liza Mundy, author of “Sisterhood: The Secret History of Women at the CIA.” The male-dominated agency, she said, has long been a refuge for egregious sexual misconduct. “For decades, men at the top had free rein.”

CIA has publicly condemned Raymond’s crimes and implemented sweeping reforms intended to keep women safe, streamline claims and more quickly discipline offenders.

Last year, the CIA announced the appointment of Dr. Taleeta Jackson, a seasoned psychologist who previously led the Sexual Assault Prevention Program at the U.S. Navy, as the new head of a dedicated sexual assault and prevention office at CIA.

“There is absolutely no excuse for Mr. Raymond’s reprehensible, appalling behavior,” the agency said Wednesday. “As this case shows, we are committed to engaging with law enforcement.”

But a veil of secrecy still surrounds the Raymond case nearly four years after his arrest. Even after Raymond pleaded guilty late last year, prosecutors have tiptoed around the exact nature of his work and declined to disclose a complete list of the countries where he assaulted women.

Still, they offered an unbridled account of Raymond’s conduct, describing him as a “serial offender” whose assaults increased over time and become “almost frenetic” during his final CIA posting in Mexico City, where he was discovered in 2020 after a naked woman screamed for help from his apartment balcony.

U.S. officials scoured Raymond’s electronic devices and began identifying the victims he had listed by name and physical characteristics, all of whom described experiencing some form of memory loss during their time with him.

One victim said Raymond seemed like a “perfect gentleman” when they met in Mexico in 2020, recalling only that they kissed. Unbeknownst to the woman, after she blacked out, he took 35 videos and close-up photos of her breasts and genitals.

“The defendant’s manipulation often resulted in women blaming themselves for losing consciousness, feeling ashamed, and apologizing to the defendant,” prosecutors wrote in a court filing. “He was more than willing to gaslight the women, often suggesting that the women drank too much and that, despite their instincts to the contrary, nothing had happened.”

Raymond, a San Diego native and former White House intern who is fluent in Spanish and Mandarin, ultimately pleaded guilty to four of 25 federal counts including sexual abuse, coercion and transportation of obscene material. As part of his sentence, the judge ordered him to pay $10,000 to each of his 28 victims.

Raymond’s attorneys had sought leniency, contending his “quasi-military” work at the CIA in the years following 9/11 became a breeding ground for the emotional callousness and “objectification of other people” that enabled his years of preying upon women.

“While he was working tirelessly at his government job, he ignored his own need for help, and over time he began to isolate himself, detach himself from human feelings and become emotionally numb,” defense attorney Howard Katzoff wrote in a court filing.

“He was an invaluable government worker, but it took its toll on him and sent him down a dark path.”



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