Trump presses ‘presidential immunity’ defense in E. Jean Carroll’s defamation lawsuit

posted in: Politics | 0

NEW YORK — A lawyer for former President Donald Trump told a federal appeals court on Monday that the former president should be allowed to assert presidential immunity in response to a defamation lawsuit by the writer E. Jean Carroll, further pressing his bid to narrow the case in advance of its January trial date.

Trump lawyer Michael Madaio told a three-judge panel of the 2nd Circuit Court of Appeals that presidential immunity is “an absolute and non-waivable protection.”

“If this court does not overturn the lower court’s ruling,” Madaio said, “a president, for the first time in our nation’s history, will be held civilly liable for his official acts.”

Trump’s argument comes as he is pressing a similarly aggressive immunity defense in his federal criminal case stemming from his efforts to subvert the 2020 election. Trump is “absolutely immune from prosecution” in that case, his lawyers contended in court papers this month — an argument that special counsel Jack Smith said is in sharp conflict with American history and the Constitution.

In the Carroll case, Trump is arguing that he cannot be sued over comments he made in 2019, while he was president. At the time, Trump accused Carroll of peddling a false rape accusation against him, and he suggested that she was motivated by money. A district judge rejected Trump’s immunity argument over the summer, prompting him to appeal to the 2nd Circuit. The three-judge panel, consisting of all Democratic appointees, gave little indication of how it was inclined to rule during the 45-minute argument on Monday.

Carroll has already won one civil trial against Trump. Earlier this year, after a trial in her other lawsuit accusing Trump of raping her in a luxury department store in the 1990s, a jury found that Trump sexually abused Carroll and that he defamed her in 2022 when he called her account a “hoax.” The jury ordered Trump to pay Carroll $5 million. Trump has appealed that verdict.

The upcoming January trial concerns a separate lawsuit from Carroll over Trump’s comments in 2019, when he was still president, and comments he made earlier this year on CNN in the wake of the verdict in the first Carroll trial.

In September, a judge ruled that the jury hearing the January trial will need only to determine how much money Trump must pay Carroll after the judge found Trump’s statements were, in fact, defamatory. But if an appeals court adopts Trump’s immunity theory, the issue of Trump’s liability for the 2019 statements could become moot.

On Monday, Carroll’s lawyer, Joshua Matz, asked the panel of judges to reject Trump’s arguments about presidential immunity, invoking the events connected to the Jan. 6, 2021, riot at the Capitol as an example of when a president should be held legally accountable for his public statements.

“I don’t think we are in the realm of hypotheticals in acknowledging that there are circumstances in which somebody who holds the office of the president may engage in public speech on matters that have nothing to do with the operation or administration of the government,” Matz said. When presidents make statements that “cause significant harm to private citizens,” he continued, “it would be in many ways inconsistent with living in a presidential rather than a monarchical system to say that they are wholly immune for their conduct.”

Hamas frees 2 Israeli women as U.S. advises delaying ground war to allow talks on captives

posted in: News | 0

RAFAH, Gaza Strip — Hamas released two elderly Israeli women held hostage in Gaza on Monday, as the United States expressed increasing concern that the escalating Israel-Hamas war will spark a wider conflict in the region, including attacks on American troops.

The death toll in Gaza rose rapidly as Israel ramped up airstrikes, flattening residential buildings in what it says was preparation for an eventual ground assault. The United States advised Israel to delay an expected ground invasion to allow time to negotiate the release of more hostages taken by Hamas during its brutal incursion two weeks ago.

A third small aid convoy from Egypt entered Gaza, where the population of 2.3 million has been running out of food, water and medicine under Israel’s two-week seal. With Israel still barring entry of fuel, the U.N. said its distribution of aid would grind to a halt within days when it can no longer fuel its trucks. Gaza hospitals flooded by a constant stream of wounded are struggling to keep generators running to power life-saving medical equipment and incubators for premature babies.

The two freed hostages, 85-year-old Yocheved Lifshitz and 79-year-old Nurit Cooper, were taken out of Gaza at the Rafah crossing into Egypt, where they were put into ambulances, according to footage shown on Egyptian TV. The two women, along with their husbands, were snatched from their homes in the kibbutz of Nir Oz near the Gaza border during Hamas’ Oct. 7 rampage into southern Israeli communities. Their husbands were not released.

Hamas said it had released them for humanitarian reasons, days after freeing an American woman and her teenage daughter. Hamas and other militants in Gaza are believed to have taken roughly 220 people, including an unconfirmed number of foreigners and dual nationals.

Israel is widely expected to launch a ground offensive in Gaza, vowing to destroy Hamas. Iranian-backed fighters around the region are warning of possible escalation if that happens, including targeting U.S. forces deployed in the Mideast.

The U.S. has told Iranian-backed Hezbollah in Lebanon and other groups not to join the fight. Israel and Hezbollah have traded fire almost daily across the Israel-Lebanon border, and Israeli warplanes have struck targets in the occupied West Bank, Syria and Lebanon in recent days.

National Security Council spokesman John Kirby said there had been an uptick in rocket and drone attacks by Iranian-backed militias on U.S. troops in Iraq and Syria, and the U.S. was “deeply concerned about the possibility for any significant escalation” in attacks in coming days.

He said U.S. officials were having “active conversations” with Israeli counterparts about the potential ramifications of escalated military action.

The U.S. advised Israeli officials that delaying a ground offensive would give Washington more time to work with regional mediators on securing the release of more hostages, according to a U.S. official.

Israeli tanks and ground forces have been massed at the Gaza border, and Defense Minister Yoav Gallant told troops there Monday to keep preparing for an offensive “because it will come.” He said it will be a combined offensive from air, land and sea but did not give a timeframe.

A ground offensive is likely to dramatically increase casualties in what is already the deadliest by far of five wars fought between Israel and Hamas since the militant seized power in Gaza in 2007.

More than 1,400 people in Israel have been killed — mostly civilians slain during the initial Hamas attack. At least 222 people were captured and dragged back to Gaza, including foreigners, the military said Monday, updating a previous figure.

More than 5,000 Palestinians, including some 2,000 minors and around 1,100 women, have been killed, the Hamas-run Health Ministry said Monday. That includes the disputed toll from an explosion at a hospital last week. The toll has climbed rapidly in recent days, with the ministry reporting 436 additional deaths in just the last 24 hours.

Israel said it had struck 320 militant targets throughout Gaza over the last 24 hours. The military says it does not target civilians, and that Palestinian militants have fired over 7,000 rockets at Israel since the start of the war.

Israel carried out limited ground forays into Gaza. On Sunday, Hamas said it destroyed an Israeli tank and two armored bulldozers inside Gaza. The Israeli military said a soldier was killed and three others were wounded by an anti-tank missile during a raid inside Gaza.

Intense airstrikes continued Monday across Gaza. After a strike in Gaza City, a woman with blood on her face wept as she clasped the hand of a dead relative. At least three bodies were sprawled on the street, one lying in a gray stream of water. After a series of strikes in the south, Rafah’s Abou Youssef Al-Najjar Hospital registered 61 deaths Monday, its spokesperson said. Bodies of the dead were laid out in the hospital grounds, spokesperson Talaat Barghout said.

On Monday the Palestinian Red Crescent said 20 trucks entered Gaza carrying food, water, medicine and medical supplies, through the Rafah crossing with Egypt, the only way into Gaza not controlled by Israel. It was the third delivery in as many days, each around the same size.

The aid coming in so far is “a drop in the ocean” compared to the needs of the population, said Thomas White, the Gaza director of the U.N. agency for Palestinian refugees, UNRWA. The U.N. has said 20 trucks amounts to 4% of an average day’s imports before the war and that hundreds of trucks a day are needed.

White said the agency had only three days of fuel left for its trucks. The supplies coming through Rafah are reloaded onto UNRWA and the Red Crescent trucks to take to hospitals and U.N. schools in the south of Gaza, where hundreds of thousands of people are taking shelter, running low on food and largely drinking contaminated water.

At least 1.4 million Palestinians in Gaza have fled their homes, and nearly 580,000 of them are sheltering in U.N.-run schools and shelters, the U.N. said Monday.

No aid will be distributed in Gaza City and other parts of the north, where hundreds of thousands of people remain. Gaza City’s main al-Shifa Hospital, with a normal capacity of 700 patients, is currently overwhelmed with 5,000 patients, and around 45,000 displaced people are gathered in and around its grounds for shelter, the U.N. said.

“The north didn’t receive anything” from incoming aid, said Mahmoud Shalabi, an aid worker with Medical Aid for Palestinians aid group based in the northern town of Beit Lahia. “It’s like a death sentence for the people in the north of Gaza.”

Mary Lou Retton in ‘recovery mode’ at home after hospital stay for pneumonia, daughter says

posted in: Politics | 0

By The Associated Press

American gymnastics icon Mary Lou Retton has returned home following a lengthy hospital stay because of pneumonia, her daughter said Monday.

Shaley Kelley Schrepfer, the oldest of Retton’s four daughters, posted an update on Retton’s condition on Instagram nearly two weeks after the family disclosed that the former Olympic all-around champion was in intensive care.

The 55-year-old Retton is now in “recovery mode,” according to Schrepfer.

“We still have a long road of recovery ahead of us,” Schrepfer wrote. “But baby steps.”

The family disclosed earlier this month that Retton — who became the first American female gymnast to win the Olympic all-around title at the 1984 Los Angeles Games — was “fighting for her life” and unable to breathe on her own.

Donations have poured into a fundraiser the family set up to help offset Retton’s medical expenses after the family said she didn’t have medical insurance. There’s been more than 8,300 donations totaling nearly $460,000 by Monday afternoon.

Retton was 16 when she became an icon of the U.S. Olympic movement during her gold medal-winning performance at the 1984 Summer Games. The native of Fairmont, West Virginia, also won two silver and two bronze medals at those Olympics to help bring gymnastics — a sport long dominated by eastern European powers like Romania and the Soviet Union — into the mainstream in the U.S.

___

Patriots QB Mac Jones opens up on playing for Bill Belichick

posted in: News | 0

Patriots head coach Bill Belichick joined elite company with his 300th regular season win in Sunday’s comeback over the Bills.

Belichick, Don Shula and George Halas are the only coaches to hold that honor.

Patriots QB Mac Jones said Monday afternoon on WEEI’s “Jones & Mego with Arcand” program that he congratulated Belichick for the accomplishment.

Related Articles

New England Patriots |


Why Patriots first-round flier ate into DeVante Parker’s snaps in win over Bills

New England Patriots |


Bill Belichick gives more context to key Patriots personnel switch in win over Bills

New England Patriots |


Callahan: Patriots scored a throwback win in home upset of Bills

New England Patriots |


Demario Douglas sparks Patriots’ offensive rejuvenation in win over Bills

New England Patriots |


Patriots made key personnel changes in comeback win over Bills

“Yeah, I think that’s really cool that that happened and I know we want more,” Jones said of the 2-5 Patriots. “I thought that was great that he got that done, and it was cool to be the quarterback for the game.”

Jones was asked what it’s like playing for Belichick, who’s just 17 wins away from passing Shula as the all-time wins leader.

“Yeah, I think it’s definitely a great experience,” Jones said. “I’ve been very fortunate to have played quarterback for — Corky Rogers was my high school coach, passed away, but winningest Florida coach in history. Obviously Coach (Nick) Saban and Coach Belichick. I guess I’ll have a good book one day.

“But yeah, it’s good to have that. I think that’s very important for players when you have a history of great coaches that you’ve worked with. I think that really helps.”

The sometimes-sullen Belichick was in a good mood this weekend, cracking jokes at the Patriots Hall of Fame ceremony honoring Dante Scarnecchia and Mike Vrabel. He was joking with the media after Sunday’s game, imploring ex-Patriots QB and 98.5 broadcaster Scott Zolak to give him a softball question.

Jones was asked if he gets to see that lighter side of Belichick often.

“I think everyone brings their own personality whether that’s a player — I think about someone like KB (Kendrick Bourne) who always has positive energy and things like that,” Jones said. “Coaches have their personalities too. I always say that about myself. Just be yourself, right? You gotta really enjoy the people that you’re working with regardless of the result. You have to enjoy it and go out there and compete every week. That’s players and coaches.”