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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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Best PS5 game and accessory deals to shop at Amazon ahead of October Prime Day

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Best PS5 game and accessory deals to shop at Amazon ahead of October Prime Day

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The holiday season will be here before you know it, and the PlayStation 5 video game console, along with its impressive selection of games and accessories, will once again be at the very top of almost every gamer’s wish list. 

To make sure you’re able to get your hands on the most sought-after games and accessories, we highly recommend shopping early. In fact, there’s no need to wait for the upcoming Amazon Prime Deal Days sale event in October. To reward you for tackling your holiday shopping early, many popular PS5 games and accessories are on sale right now.

Pro Tip: If you want to save some cash buying a PlayStation 5 video game console, Amazon has a selection of “Renewed” PS5 systems in various configurations on sale.


Best PS5 games and accessory deals

During the upcoming Amazon Prime Deal Days sale event that will be happen on October 8 and October 9, you can bet that many popular PlayStation 5 games and accessories — and maybe a few game console systems or bundles — will be on sale. However, supplies will likely be limited. Instead of waiting for this mega-sale to kick off, start your shopping early and pick up some of these popular PS5 games and accessories that are on sale right now.

Which are the very best PS5 games you available this fall? Find out by reading our coverage of the best-selling Sony PlayStation 5 games right now. And if you need to expand the storage capacity of your PS5, we’ve got you covered with our roundup of the best PS5 hard drives of 2024.

‘Madden NFL 24’: $24 (65% off)

Madden NFL 24

Amazon


Football fans of all ages love the “Madden NFL” video game franchise. Year-after-year, each new edition pushes the limits of what’s possible in a sports simulation game and is able to offer an experience that’s even more authentic. “Madden NFL 24” is no exception.

This American football simulation brings all the intensity and realism of NFL players, drafts, and strategies to your PS5. Game modes include Superstar: The League, Superstar: Showdown, Franchise, Madden Ultimate Team, and Cross-play for endless variation.

We love that this game offers anatomically accurate player skeletons that are more responsive. This allows the game to showcase true-to-life player motion during gameplay. Plus, the Field SENSE animation technology provides greater control, realism, and immersion when performing complex maneuvers. And in this edition of the game, AI enhanced movement makes it easier for your team to execute your game plan with ball carrier pathfinding and QB and DB awareness.

For a limited time, get a whopping 65% off this bestselling PS5 game. You can get it on Amazon right now for just $24.


‘Marvel Spider-Man 2’: $58 (16% off)

MARVEL'S SPIDER-MAN 2

Amazon


Whether you’re an OG Spider-Man comic book fan or love the movie franchise, “Marvel Spider-Man 2” puts gamers in control of their favorite superhero in an all-new, action-oriented, web-slinging adventure.

Spider-Men, Peter Parker and Miles Morales all return for this exciting adventure in the mega-popular “Marvel’s Spider-Man” game franchise. Players can swing, jump, and utilize the new Web Wings to travel across New York. Quickly switch between Peter Parker and Miles Morales to experience different stories and utilize epic new powers.

Of course, the game features iconic villains, like Venom, who threaten to destroy the city and reek havoc on its population. In this game, you can experience two playable Spider-Men and quickly switch between them. Experience Peter’s new symbiote abilities and Miles’ bio-electric venom powers. Along the way, discover upgradeable, high-tech equipment that enhances the combat experience.

You can get this game right now for 16% off, which means you’ll pay just $58. The game has earned an impressive 4.7-star out of five rating on Amazon.


‘Grand Theft Auto V’: $26 (35% off)

Grand Theft Auto V

Amazon


When it comes to no-holds-barred action with mature themes, there’s no more popular and exciting game than “Grand Theft Auto 5,” which is part of the bestselling and iconic Grand Theft Auto franchise. 

This version of the game, which is suitable for gamers over the age of 18, features stunning 4K (60 fps) resolution graphics that offer HDR options, ray tracing, improved texture quality, and more. This is all accompanied by immersive 3D audio.

For fans of the Grand Theft Auto games, this is definitely not one to miss. And right now, Amazon has it on sale for 35%, so you can add it to your PS5 game library for just $26.


‘Elden Ring’: $50 (17% off)

Elden Ring

Amazon


“Elden Ring” is one of the all-time most popular fantasy action-RPG games available for the PlayStation 5. For a limited time, Amazon has it on sale for just $50 — that’s 17% off its usual price.

As this adventure unfolds, players journey through the Lands Between, an intricate fantasy world created by Hidetaka Miyazaki, the creator of the “Dark Souls” video game series, and the legendary author George R. R. Martin.

Players traverse the world on foot or on horseback. This adventure can be experienced alone or online with other players. Whichever option you choose, expect to fully immerse yourself in the grassy plains, suffocating swamps, spiraling mountains and within the foreboding castles. Plan to charge into battle, pick off enemies one-by-one using stealth, and periodically calling upon allies for aid.

Throughout the adventure, many options are at your disposal, so it’s up to you to decide how to approach exploration and combat. Based on more than 5,000 reviews on Amazon, this game has earned a 4.6-star rating out of five.


‘Sonic Frontiers’: $20 (50% off)

Sonic Frontiers

Amazon


The world’s fastest hedgehog with an attitude springs into action in this new, ultra-fast-paced game for the PlayStation 5. It’s rated E10+, so it’s suitable for players over the age of 10.

For a limited time, Amazon has slashed an incredible 50% off the price of this bestselling game, so you’ll pay just $20. Based on more than 2,000 Amazon reviews, it’s earned an impressive 4.6-star out of five rating.

During this whirlwind adventure, players can race across five massive islands — each featuring their own unique challenges and hidden secrets to uncover. As players blaze their trail, there are side quests to discover, puzzles to solve, and enormous structures to climb. There’s even an all-new battle system with skill tree upgrades, so players can combine moves such as dodges, parries, counters, combos, and the new Cyloop ability to take down foes.


‘Street Fighter 6’: $40 (34% off)

Street Fighter 6

Amazon


For extreme hand-to-hand combat action, “Street Fighter 6” has it all. This bestselling game is currently on sale on Amazon for just $40, which is 34% off it’s regular $60 price. The game has a “T” rating, so it’s suitable for players over the age of 12.

From “Street Fighter 6,” expect classic action from the iconic arcade games, but with a few new twists that take full advantage of the PlayStation 5’s capabilities. Choose from 18 characters, including the legendary World Warriors. You’ll also discover exciting new characters that add their own flair to the game.

The Street Fighter game franchise continues to redefine the fighting genre with the introduction of three new gaming modes – Fighting Ground, World Tour and Battle Hub. And for the first time, you can experience the game’s real-time commentary feature, so you can hear narration of what’s happening on-screen, as if you’re in a real tournament.


‘Resident Evil 4’: $30 (25% off)

Resident Evil 4

Amazon


Here’s another example of a game from an iconic and bestselling franchise that’s now on sale on Amazon. Snag a copy of “Resident Evil 4” for the PlayStation 5 for 25% off, so you can add it to your game library for a mere $30. 

This game delivers breathtakingly photorealistic visuals in 4K, complete with stunning lighting and pooling shadows to create an up-close, intense virtual world.

“Resident Evil 4” manages to preserve the essence of the original game, that’s been reconstructed using Capcom’s proprietary RE Engine. As a result, it now delivers more realistic visuals and additional narrative depth that helps the iconic story unfold in a way that was not possible at the time of the original “Resident Evil” game was first released.

Players can expect to engage in frenzied combat with the Ganados villagers, while exploring a European village that’s gripped by madness. Of course, there are some puzzles to solve, new areas to explore and useful items for Leon and Ashley to collect. But at the heart of this game is non-stop action and a constant struggle to survive.


‘Assassin’s Creed Mirage’: $31 (38% off)

ASSASSIN'S CREED MIRAGE

Amazon


“Assassin’s Creed Mirage” is a narrative-driven, action-adventure experience. It follows the transformation of a defiant young man into a refined Master Assassin. Yes, this game has earned an “M” rating, so it’s most suitable for players over the age of 18. 

Right now, you can experience “Assassin’s Creed Mirage” for just $31 on your PlayStation 5 — that’s 38% off its usual $50 price.

One you load this game, you’ll journey to Alamut, the legendary home of the Assassins. These are the folks who laid the foundations of the Creed in this heartfelt homage to the original “Assassin’s Creed” game. 

Are you ready to take on the role of Basim, a cunning street thief with nightmarish visions who is seeking answers and justice as he navigates the streets of Baghdad to survive? Put your gaming skills to the test and find out.


‘Call of Duty: Modern Warfare III’: $49 (32% off)

Call of Duty : Modern Warfare III

Amazon


“Call of Duty: Modern Warfare III” for the PlayStation 5 is the bestselling sequel to the 2022 blockbuster “Call of Duty: Modern Warfare II,” but this game offers even more intense and realistic military combat action. 

As this game’s story unfolds, the ultranationalist war criminal Vladimir Makarov is extending his grasp across the world. This causes Task Force 141 to fight like never before. So, when you’re engaged in combat, making proper choices is essential.

Choose your soldier’s loadouts and then select your own path through the mission. What we love about this game is that it introduces open combat missions that provide more player choice. There’s no single solution to achieve victory.

“Call of Duty: Modern Warfare III” features all 16 maps from the original “Modern Warfare 2” game, but they’ve been modernized with new modes and gameplay features. You can also experience more than 12 all-new core 6v6 maps and new Ground War maps.

Amazon has cut the price of this game by 32%, so it’s available for a limited time for just $49.


‘Diablo IV’: $41 (41% off)

Diablo IV

Amazon


Take advantage of this rare opportunity to experience the popular “Diablo IV” role-playing game on your PS5 for 41% off, so you can purchase it for just $41. Keep in mind, an online subscription is required to play the game.

This latest version in the game franchise offers endless evil to slaughter, countless abilities to master, nightmarish Dungeons to explore, and plenty of loot to collect. You can embark on the adventure alone or with friends. Plan on interacting with memorable characters as you experience the dark settings and gripping storyline.

At the start, a band of adventurers infiltrate an ancient tomb as they seek out a bountiful collection of gold. This, however, unleashes Lilith — The Daughter of Hatred, The Mother of Sanctuary. It’s at this point, the demon slaying becomes a necessity for survival. As your character gets stronger and more powerful, more complex challenges are revealed. 

When in multiplayer mode, players can meet in towns to trade, team up to battle World Bosses, or descend into player-versus-player zones to test your skills against other players — no lobbies necessary — with cross-play and cross-progression offered across all compatible gaming platforms.

What’s great about this game is that it continues to evolve with new events, stories, seasons and rewards continuously being released. 


PlayStation DualSense Controller for PS5: $70 (7% off)

PlayStation DualSense® Wireless Controller

Amazon


The PlayStation 5 game consoles include one hand-held controller. If you want extras, they must be purchased separately. Right now, you can purchase a genuine Sony PlayStation DualSense Controller for 7% off, which brings its price down to $70.

The DualSense Controllers are the most popular wireless controller options for the PlayStation 5. They’re available in a bunch of color options, so be sure to pick your favorite. 

With these controllers, you can feel your in-game actions and environment simulated through haptic feedback. Plus, experience varying force and tension at your fingertips with adaptive triggers. These controllers also have a built-in microphone for in-game chatting. However, you can easily connect a headset directly via the 3.5mm jack. 


Nubwo G06 dual wireless gaming headset for PS5: $40 (50% off)

NUBWO G06 Dual Wireless Gaming Headset with Microphone for PS5

Amazon


For anyone who enjoys real-time, multi-player online games, using a gaming headset allows you to hear the sound effects and music generated by the game, but at the same time communicate with friends and enemies.

This dual wireless gaming headset works with the PS5 and other popular gaming platforms. It offers up to a 100 hour battery life per charge and features 50mm drivers that are able to generate crisp and robust audio.

The headset has a built-in and adjustable boom microphone. Head over to Amazon to grab this popular headset for 50% off, which brings its price down to just $40. Based on more than 1,800 reviews on Amazon, this headset from Nubwo has earned a 4.2-star out of five rating.


Razer Kaira X wired gaming headset: $36 (40% off)

Razer Kaira X Wired Gaming Headset for PlayStation 5

Amazon


At CBS Essentials, our gaming experts are huge fans of Razer and all of the brand’s gaming products. Right now, one of the company’s more popular wired gaming headsets, the Kaira X, is on sale for 40% off. This means you can add it to your PS5 gaming gear collection for a mere $36.

The headset offers memory foam ear cushions for extra comfort. Plus, the headset itself is available six color options. On the end of the integrated cable is a 3.5 millimeter audio jack. So, aside from its primary use with the PlayStation 5, the headset works with other popular platforms, like a Windows PC, Mac and even some mobile devices.

One thing we love about these headphones is that it feature drivers that can tune highs, mids, and lows separately. This produces a brighter, clearer sound with richer trebles and more powerful bass. Based on more than 2,900 reviews on Amazon, these headphones have earned a highly-respectable 4.5-star rating out of five.

Want to learn about even more PS5 gaming accessories that can enhance your experiences playing your favorite games? Check out our coverage of the best PS5 accessories.


Razer Wolverine V2 Pro wireless gaming controller: $220 (12% off)

Razer Wolverine V2 Pro

Amazon


When it comes to choosing a wireless gaming controller for use with the PlayStation 5, you have hundreds of options. Some are very inexpensive and basically useless when it comes to precision accuracy, while others are considerable more expensive than Sony’s own DualSense controllers. 

These premium options, like the Razer Wolverine V2 Pro controllers, are designed for hard-core gamers who demand the ultimate in customizability, precision, and performance.

The Wolverine V2 Pro controller delivers an ultra-fast 2.4GHz wireless connection via its included USB Type-A dongle. This ensures seamless performance that meets the demands of competitive gaming on PS5 consoles. You also get a shorter actuation distance for quicker button presses and improved tactility to feel every input. As a result, the controller can bring a whole new level of speed and consistency to your competitive gameplay.

Another popular feature is the integrated RGB lighting that can showcase more than 16.8 million colors and a suite of effects that are selectable and customizable using the Razer Controller smartphone app. 

At the moment, Amazon is offering this popular PS5 wireless controller for 12% off, so you can own it for just $220. Use it to take your gaming experiences to the next level. To learn about other handheld controller options, check out our coverage of the best handheld video game controllers in 2024.


If your shopping for younger games who own the Nintendo Switch video game system, our team of in-house game experts have curated a roundup of the best Nintendo Switch games for the 2024 holiday season that you should be sure to check out.




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Trump participating in fighting antisemitism event, courts Jewish voters

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Trump participating in fighting antisemitism event, courts Jewish voters – CBS News


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Former President Donald Trump is courting Jewish voters and will attend an event on fighting antisemitism taking place in Washington D.C. This comes as tensions between Israel and Hezbollah rise in the Middle East. CBS News political director Fin Gómez.

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Officers stabbed, injured in Massachussetts prison

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Officers stabbed, injured in Massachussetts prison – CBS News


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One correctional officer was stabbed 12 times and four others were also injured inside the Souza Baranowski Correctional Center, according to officials. CBS News Boston’s Beth Germano has more.

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