Crime
US Appeals Court Strips Trump Of Immunity
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
Spanish authorities have apprehended a man suspected of attempting to steal a jewellery box belonging to Nigerian singer BNXN in Barcelona.
British-Nigerian media personality Adesope Shopsydoo revealed the incident on his Instagram page.
The Afrobeats podcaster shared a video capturing the moment the alleged thief was detained following his unsuccessful attempt to snatch the singer’s multi-million-dollar jewellery box.
Shopsydoo captioned the video: “Thief who tried to steal singer BNXN’s box of expensive jewels apprehended by his team and police in Barcelona.”
As of now, BNXN has yet to comment on the incident.
In Adamawa State, police have apprehended 23-year-old Rachel Geoffrey for allegedly burning the hands of two children belonging to her co-wife.
Rachel, a resident of the Federal Housing Estate in Girei local government area, is accused of inflicting severe injuries on 7-year-old Genesis Geoffrey and 3-year-old Ijadai Geoffrey.
Reports indicate that the children’s mother has separated from their father, who is Rachel’s husband.
Rachel was reported to have cooked rice and set it aside for her husband, the father of the victims, before leaving the house.
When the hungry children ate the food meant for their father, Rachel became enraged.
In her anger, she tied the children’s hands with a handkerchief to restrain them, then set their hands on fire, causing severe injuries.
The state’s Commissioner of Police, CP Dankombo Morris, called on the public, particularly parents, to meet their responsibilities in caring for their children.
He also promised that the case would be prosecuted thoroughly.
Former Aviation Minister, Hadi Sirika, along with his daughter and two others, have been slated for arraignment today (thursday) by the Economic and Financial Crimes Commission.
They face charges related to an alleged N2.7 billion fraud linked to the failed Nigerian Air project.
The proceedings are set to unfold before Justice Sylvanus Oriji at the High Court of the Federal Capital Territory in Abuja.
The charges, based on court documents, accuse Sirika of granting undue advantage to certain entities in Abuja between April 2022 and March 2023.
The anti-graft agency has accused Sirika of misusing his authority by awarding a N1.3 billion consultancy contract for the Nigerian Air Start-up to Tianero Nigeria Limited.
This alleged action is said to contravene Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.
In a separate charge, the EFCC alleges that on or around August 18, 2022, in Abuja, Sirika utilized on or about August 18, 2022 ia, Sirika “did use your position to confer unfair advantage upon Al Buraq Global Investment Limited, whose alter ego, Fatima Hadi Sirika and Jalal Sule Hamma are your daughter and son-in-law respectively, by using your position to influence the award to them, the contract for the Apron Extension at Katsina Airport for the sum of N1.498,300,750.00.”
The anti-graft agency asserted that Sirika’s actions amounted to a violation of Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, rendering him liable to punishment under the same section.
In count three, the EFCC accused Sirika of criminal breach of trust “while serving as the Minister of Aviation and in his capacity as a public officer” on or around August 18, 2022, in Abuja, within the jurisdiction of the court.
In late April, the former aviation minister was taken into custody by the anti-graft agency and interrogated for several days.
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