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US Appeals Court Strips Trump Of Immunity

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A US Appeals Court, sitting in Washington, on Friday ruled that former President Donald Trump must face civil lawsuits over his role in the January 6, 2021 attack on the Capitol by his supporters.

Biztellers reports that it was the unanimous opinion of the three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit that the cases against Trump could move forward

The ruling comes nearly a year after the judges had considered Trump’s claims of being entitled to sweeping immunity from the suits brought by a group of congressional Democrats and veteran Capitol Police officers, who seek civil damages for the harms they allegedly suffered as a result of the Capitol attack.

Chief Judge Sri Srinivasan wrote, “The sole issue before us is whether President Trump has demonstrated an entitlement to official-act immunity for his actions leading up to and on January 6 as alleged in the complaints.

“We answer no, at least at this stage of the proceedings.”

It is the considered opinion of the Appeal Court judges that when a first-term president chooses to run for a second term, his campaign for reelection cannot be an official presidential act.

By implication, actions undertaken while campaigning to hold onto the presidency are done in the individual capacity of the office-seeker, rather than an office-holder.

“In his view, a president’s speech on matters of public concern is invariably an official function, and he was engaged in that function when he spoke at the January 6 rally and in the leadup to that day,” the judges pointed out.

“We cannot accept that rationale. While presidents are often exercising official responsibilities when they speak on matters of public concern, that is not always the case,” the panel added.

The president, Srinivasan explained that an office-holder, “does not spend every minute of every day exercising official responsibilities. And when he acts outside the functions of his office, he does not continue to enjoy immunity from damages liability just because he happens to be the president.”

The appeals court panel noted that while it is rejecting Trump’s argument for immunity at this stage in the proceedings, the former president has not yet had the chance to counter the allegations raised by the police officers and House Democrats, which he must be afforded the opportunity to do.

Judge Gregory Katsas, appointed by Trump, concurred with the decision, while Judge Judith Rogers concurred in part.

As things stand, Trump still has a chance to appeal the decision, either to the full D.C. Circuit or the Supreme Court.

He is in the midst of a third bid for the White House and is currently the frontrunner for the Republican presidential nomination.

The court’s ruling stems from cases brought against Trump by two Capitol Police officers, 11 House Democrats and another by Rep. Eric Swalwell of California, in 2021 over comments the former president made in the run-up to and during a rally held outside the White House on Jan. 6, 2021.

The officers, James Blassingame and Sidney Hemby, as well as the Democratic lawmakers, argued that Trump incited the mob of his supporters who breached the U.S. Capitol in violation of federal and local laws.

Trump, however, argued that he is shielded from the lawsuits because he was acting within the official duties of the presidency and asked a federal district court to toss out the cases.

U.S. District Judge Amit Mehta allowed the cases to move forward, and Trump asked the D.C. Circuit to review the decision.

The decision by the appeals court comes as the former president faces ongoing legal woes in several civil and criminal cases filed against him. The Justice Department has charged Trump with four counts related to the 2020 election, which the former president is seeking to dismiss in part on grounds that he is entitled to presidential immunity from prosecution for actions performed within the “outer perimeter” of his official responsibility.

Trump has pleaded not guilty to all counts in the case related to alleged efforts to thwart the transfer of presidential power after the November 2020 election.

 

With Agency reports

Crime

Troops Neutralise 13 IPOB Members, Apprehend 3 Kidnappers

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Insecurity: We’re Gaining Upper Hand in Plateau State – Military

 

The quest for peace in the southeast of Nigeria has seen troops of the Joint Task Force South-East, “Operation UDO KA,” take out 13 armed members of the Indigenous People of Biafra (IPOB) and arrest three kidnappers.

The task force Spokesman, Lt. Col. Jonah Unuakhalu, revealed this in a statement in Enugu, on Monday.

According to him, the feat was in furtherance of the troops’ clearance operations to make the southeast safe and peaceful throughout the festive season.

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Lt. Col. Unuakhalu said that the Force Commander, Maj. Gen. Hassan Dada, had called on all well-meaning citizens to continue to support the joint task force.

He opined that citizens of the southeast can do this by providing timely, reliable, and credible information.

In his words, “Remember, security is everybody’s business. It is not in the hands of security agencies alone.

“When you see something, say something by calling the JTF Operation UDO KA’s toll-free line -193 and press Option 2 — to speak directly to Headquarters Operation UDO KA.”

Offering more details, Lt. Col. Unuakhalu said that troops of Sector 1 of the task force on December 21, conducted an ambush operation along Amouka-Umouka Road in 9th Mile, Udi Local Government Area of Enugu State, to deny kidnappers freedom of action.

In the course of the operation, he asserted, troops came into contact with the kidnappers, and in a firefight ensued, and the troops neutralised one while others escaped with gunshot wounds.

“Items recovered at the scene were: one AK-47 rifle, two magazines, and 17 rounds of 7.62mm Special ammunition; two cell phones; one power bank; three ATM cards; one wristwatch; a bunch of keys; and the sum of N8,900,” he said.

He added that on December 16, troops of Sector 5 conducted a clearance operation within Mbosi and Isseke general areas in the Ihiala Local Government Area of Anambra, where three IPOB members were neutralised.

“Items recovered included: one AK-47 rifle, two loaded AK-47 magazines, and three Dane guns, while a house belonging to one of the irredentist commanders and a shrine used for their fortification were destroyed.

“The gallant troops had earlier recovered five water gel Improvised Explosive Devices (IEDs) and two batteries used for detonating the IEDs while on routine patrol along roads within Ihiala-Orlu, Lilu, Agba Lilu, and Orsumoghu general areas in Anambra State,” he added.

In a related development, he explained that on December 14, troops acting on credible and reliable information from members of the public arrested three suspected kidnappers at Itungwa in the Obingwa Local Government Area of Abia.

He said that on receiving the information about the movement of the suspected kidnappers, troops quickly mounted a snap checkpoint to apprehend the suspects.

“The suspects operating in a stolen tricycle on sighting the troops attempted to make a U-turn but were apprehended.

“Items recovered included: one AK-47 rifle, one G3 rifle, one locally-made single-barrel pistol, 10 rounds of 7.62mm ammunition, 34 rounds of 5.5mm ammunition, two AK-47 rifle magazines, two G3 rifle magazines, and one live cartridge.

“Other items recovered were: one mobile phone, the sum of N6,600, and two Knapsack bags used for concealing the weapons,” he said.

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#EndBadGovernance Protests: NPF Shreds Amnesty’s Report, To Demand Retraction, Apology

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Stop Tagging Us To Iwo Ritual Killings, Investigate To Nab Culprits – Group Tells Police

 

The Nigeria Police Force (NPF) has urged the public to disregard the Amnesty International’s (AI) report on the #EndBadGovernance protests, which it described as false, misleading and calculated to tarnish its image.

The NPF has demanded an apology from the AI for its report dated November 28, 2024.

Biztellers reports that in the report, the AI accused the NPF of extrajudicial killings during the #EndBadGovernance protests, and that at least 24 lives were lost in six northern states.

The report, now being refuted by the NPF was titled “Bloody August: Nigeria Government’s Violent Crackdown on #EndBadGovernance Protests”.

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The NPF maintained that its findings were at variance with the AI’s allegations.

The NPF’s position was made public on Sunday by its Spokesperson, Muyiwa Adejobi during a media briefing in Abuja.

Adejobi asserted that a special investigative panel had been constituted to verify the claims.

He highlighted that the Police’s panel, in collaboration with commissioners of police from the affected states, conducted extensive investigations and compiled a comprehensive report which pointed out inaccuracies in the AI’s allegations.

In his words, “Amnesty International is advised to reflect on its frequent false reporting on Nigeria’s law enforcement activities and ensure its reports are accurate and contain a true and fair representation of events affecting national security and public safety.

“Accurate reporting of facts is essential to the integrity of any international organisation, and Amnesty International should not be an exception.”

Adejobi added that the Police would write to demand a retraction of the report as well as a public apology for the alleged inaccuracies.

“The Nigeria Police Force will, in due course, write to Amnesty International to demand the retraction of this report from the public domain along with a public apology. The Nigeria Police Force remains resolute in protecting the rights of all citizens while ensuring the security and stability of the nation.

“We, therefore, urge the public to be wary of sensational reports designed to incite mistrust and weaken confidence in law enforcement institutions,” Adejobi said.

On the Police’s findings in Borno, Adejobi maintained that the Police didn’t use grenades as claimed by the organisation.

He said, “In Borno State, it was established that the protesters were violent, engaging in widespread looting, pillaging, and wanton destruction of public and private property.

“For example, the Skill Acquisition Centre of the United Nations High Commission for Refugees was looted and vandalised.

“The warehouse of the World Food Programme, located on Baga/Maimalari Barracks Road, Maiduguri, was also looted, with several items belonging to the international organisation destroyed and stolen by some of the protesters.

“Therefore, the claims by Amnesty International that the police threw a hand grenade from a convoy of vehicles into a filling station killing three persons is a blatant falsehood and leaves right-thinking members of society dismayed at this reported falsehood by an international agency that ought to act in accordance with international norms and standards of fair and honest reporting of human rights violations in the country.”

On Niger State, Adejobi said the claim that three individuals were shot dead in Suleja was debunked in the police findings.

Adejobi said the alleged killing of a 21-year-old in Katsina was also found to be unsubstantiated, adding that local sources confirmed that no such incident occurred.

In the same vein, on Kaduna State, Adejobi asserted that contrary to the AI’s report, no protests occurred in Kaduna on October 1, 2024, and no police killings were recorded.

He said instead, an incident involving the Nigerian Army (NA) was identified and openly investigated.

According to Adejobi, the AI reported the deaths of two women and a man during protests in Jigawa, but the Police’s investigations revealed no such killings, and evidence suggested that the lone fatality was caused by protester violence, not Police action.

On Kano State, Adejobi said the report alleged 12 deaths in Kano due to police actions, stating that investigations indicated that these deaths resulted from violent confrontations involving looters and criminals, not the Police’s activity.

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Man Arrested After Attempting To Divert Mexico Flight To U.S

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Authorities in Mexico arrested a 31-year-old man on Sunday after he attempted to redirect a domestic flight to the United States, forcing an emergency landing in Guadalajara.

The Volaris Airbus A320 had departed from León, Guanajuato, at 7:17 a.m. local time and was bound for Tijuana.

However, about 45 minutes into the journey, the flight was diverted after the man tried to gain access to the cockpit.

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According to the Secretariat of Security and Civilian Protection, the man “assaulted a flight attendant and attempted to enter the cockpit to divert the flight to the United States.”

The crew, who managed to subdue the suspect, issued an alert to make an emergency landing at Guadalajara International Airport.

The man, reportedly traveling with family, was taken into custody upon landing.

In a statement, Volaris said the suspect claimed to have been acting under duress.

“The aggressor told them a close relative had been kidnapped and, upon taking off from León, was threatened to be killed if he went to Tijuana,” the airline said.

Authorities have not disclosed how many passengers were on board.

The flight resumed its journey to Tijuana after the incident, arriving without further complications.

 

 

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