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Trump to challenge appeals court order denying him immunity in legal cases

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Washington, Feb 7 (IANS) Former President Donald Trump has decided to file a plea in the US supreme court against a ruling of the appeals court that rejected all of his presidential immunity defences.

The appeals court set a time limit for a Supreme Court appeal to prevent delay as the elections were just 10 months away.

Trump is appealing shortly to the apex court in keeping with the appeals court deadline. The former president “respectfully disagrees” with the ruling, according to a statement from campaign spokesman Steven Cheung.

Cheung said that “without complete immunity, a President of the US would not be able to function properly.”

Trump will move the Supreme Court, where he can hold out hope that the conservative majority – three members of which he appointed – will rule in his favour.

The federal appeals court ruling Tuesday denying Trump’s ability to invoke presidential immunity in the face of criminal charges is the latest legal blow for the former president even as he marches triumphantly towards being the most likely GOP nominee in the 2024 election, though Nikki Halley is the last woman standing before him.

The unanimous decision by a three-judge panel of the US Court of Appeals for the D.C. Circuit held Trump cannot invoke immunity as a defense against charges connected to his attempts to overturn the 2020 presidential election and a violent insurrection at the Capitol in January 6, 2021.

The panel rejected “all three potential bases for immunity both as a categorical defence to federal criminal prosecutions of former Presidents and as applied” to Trump’s particular case, media reports said.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defences of any other criminal defendant,” the panel’s ruling says adding, “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

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The major takeaways from the appellate panel’s ruling cover his immunity, his campaign and his timetable for the GOP nomination in the presidential race for 2024.

The Appeals Court in DC has rejected every thread of Trump’s argument for immunity. Ruling it had jurisdiction to decide on immunity, the judges rejected key grounds on which Trump’s legal team based their defence, knocking the plank completely.

Ruling out presidential immunity, the court said Trump’s acts of January 6, 2021 fell out of immunity jurisdiction. It said, “any act (of Trump) was conceivably within the outer perimeter of his executive responsibility.”

As laid out by the panel, two of Trump’s arguments were rooted in the separation of powers doctrine derived from the Constitution, while a third rested on the claim that a former president could not be criminally prosecuted without Congress first impeaching and convicting him.

Citing legal precedent and immunity rules for legislators and judges, the appellate panel disagreed with the contention that courts like theirs were barred from hearing criminal charges against Trump due to the separation of powers, the US News and World Reports pointed out.

“The Indictment charges that Trump violated criminal laws of general applicability,” the court was of the opinion.

“Trump lacked any lawful discretionary authority to defy federal criminal law and he is answerable in court for his conduct.”

The three-judge panel found that “the interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation” and that “voters’ interest in democratically selecting their President” helped “compel the conclusion that Trump is not immune from prosecution under the indictment.”

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The panel rejected Trum’’s claim that criminal prosecution of a former president can only occur upon his conviction in impeachment proceedings, as well as related arguments surrounding “double jeopardy.”

“No court has previously imposed such an irrational ‘impeachment first’ constraint on the criminal prosecution of federal officials”” the court opined.

Double Jeopardy in legal jargon means that an accused cannot be tried for the same offence twice.

The Judges Were Bipartisan Appointees but united in their opinion: The appellate panel’s ruling affirmed a lower court ruling by Judge Tanya Chutkan, who was appointed by President Barack Obama and randomly assigned to oversee the election interference trial. The panel ruling was unanimous and effectively bipartisan, with Democratic- and Republican-appointed judges in agreement.

The three judges on the panel were – Judge Karen LeCraft Henderson, appointed by President George H.W. Bush in 1990. – Judge J. Michelle Childs, appointed by President Joe Biden in 2022. – Judge Florence Y. Pan, appointed by President Joe Biden in 2022

A Make-or-Break Legal Week for Trump? There’s a Limit on the time and manner for Trump to appeal.

Trump has two options before him, legal experts said. First was the option of asking for a rehearing, and the second was asking the full circuit court in DC to reconsider the case or appeal to the Supreme Court. Such options when exercised by Trump would succeed in delaying the case significantly. But the appeals panel appears to have considered that possibility and taken a step to prevent such delays.

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Conjunctly while delaying Presidential immunity, the appeals panel prevented delivery to the trial judge of the “mandate” enforcing their ruling through February 12. This effectively places their ruling on hold to give Trump and his legal team time to appeal to the Supreme Court.

Such an appeal would stay implementation of the panel’s ruling until the high court acted. But, the judges specified, a request for a rehearing or an appeal to have the full appellate court hear the case would not. In that case, the decision would only be put on hold if the request for review by the appeals court were accepted – perhaps signalling the unlikelihood of such a request being granted.

“The Clerk is directed to withhold issuance of the mandate through February 12. If, within that period, Appellant notifies the clerk in writing that he has filed an application with the Supreme Court for a stay of the mandate pending the filing of a petition for a writ of certiorari, the Clerk is directed to withhold issuance of the mandate pending the Supreme Court’s final disposition of the application,” the order states.

“The filing of a petition for rehearing or rehearing en banc will not result in any withholding of the mandate, although the grant of rehearing or rehearing en banc would result in a recall of the mandate if the mandate has already issued.”

This order is an attempt to prevent delay, with Election Day just about 11 months away, legal experts opined.

–IANS

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Austrian Chancellor Nehammer calls PM Modi's upcoming Vienna visit 'special honour'

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Vienna, July 6 (IANS) Austrian Chancellor Karl Nehammer on Saturday labeled Prime Minister Narendra Modi’s upcoming visit to Vienna as a “special honour”, stating that he is eagerly looking forward to it.

PM Modi is scheduled to arrive in Austria, the second leg of his two-nation trip, from Moscow on July 9.

This will be the first visit by an Indian Prime Minister to Austria in 41 years. During his stay in Vienna, PM Modi will call on Austrian President Alexander Van der Bellen and hold talks with Chancellor Nehammer. Both leaders will also address business leaders from India and Austria.

“I very much look forward to welcoming Narendra Modi, the Prime Minister of India, the world’s largest democracy, next week in Vienna. This visit is a special honour as it marks the first visit by an Indian Prime Minister in over forty years, and a significant milestone as we celebrate 75 years of diplomatic relations with India,” Chancellor Nehammer said on Saturday afternoon.

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“We will have the opportunity to talk about further deepening our bilateral relationship and closer cooperation on the many geopolitical challenges,” he added.

In October 2021, on the sidelines of COP26 in Glasgow, Prime Minister Modi had held discussions with then Austrian Chancellor Alexander Schallenberg who is now the Foreign Minister of the country.

PM Modi is also scheduled to interact with members of the Indian community in Vienna during his visit.

On Friday, Foreign Secretary Vinay Kwatra called Austria an “important central European country” that offers excellent opportunities for bilateral cooperation in infrastructure, renewable energy, high technology areas, start-up sectors, media and entertainment.

He also highlighted the growing India-Austria trade and investment linkages, including the recent launch of an India-Austria start-up bridge in February 2024 that has made a “very promising” start.

“The visit we are confident will allow us to discuss various areas of importance in bilateral engagement, as also issues of regional and global importance of mutual interest, and help broaden the scope of our partnership,” said Foreign Secretary Kwatra.

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India and Austria had also signed a Comprehensive Migration and Mobility Agreement in May last year and continue to work closely to expand and explore new areas of bilateral partnership.

“We’re also looking at what we can do in terms of technology. There are over, I think, 30 to 40 large Austrian companies already present in India in a range of areas from infrastructure, tunneling, track laying. We’ve got a fair amount of investments from India already in Austria. But we want to see how we can take these forward. We want to look at other key areas, clean technologies, renewables. We want to look at different areas where we can try and work together,” said Pavan Kapoor, Secretary (West) at the Ministry of External Affairs.

–IANS

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Xi Jinping congratulates Iran’s Pezeshkian on presidential election win

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Beijing, July 6 (IANS) Chinese President Xi Jinping on Saturday sent a message to Masoud Pezeshkian, congratulating him on his election as the President of Iran.

In his message, Xi said China and Iran enjoy a long history of friendly exchanges, and bilateral relations have maintained sound and steady development since the establishment of diplomatic ties between the two countries more than half a century ago.

In the face of the complex regional and international landscapes, China and Iran have always supported each other and stuck together through thick and thin, continuously consolidating strategic mutual trust, steadily promoting exchanges and cooperation in various fields, and maintaining sound communication and coordination on regional and international affairs, which has not only benefited the two peoples, but also made positive contributions to promoting regional and world peace and stability, Xi added.

The Chinese President also said he attaches great importance to the development of China-Iran relations, and is willing to work with Pezeshkian aiming to guide the deepening of the comprehensive strategic partnership between the two countries.

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–IANS

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PM Modi congratulates Keir Starmer, discusses India-UK FTA

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New Delhi, July 6 (IANS) Prime Minister Narendra Modi on Saturday extended an invitation to newly-elected British Prime Minister Keir Starmer for an early visit to India as both leaders agreed to work towards the early conclusion of a mutually beneficial India-UK Free Trade Agreement (FTA).

The two leaders spoke over phone as PM Modi congratulated Starmer on his and Labour Party’s “remarkable victory” in the general elections.

“Pleased to speak with Keir Starmer. Congratulated him on being elected as the Prime Minister of the UK. We remain committed to deepening Comprehensive Strategic Partnership and robust India-UK economic ties for the progress and prosperity of our peoples and global good,” PM Modi posted on X after the call.

Both leaders recalled the historic relations between the two countries and reaffirmed their commitment to further deepen and advance the Comprehensive Strategic Partnership between India and the UK.

“Appreciating the positive contributions of the Indian community in the social, economic, and political development of the UK. The two sides agreed to continue to promote close people-to-people ties. Both leaders agreed to remain in touch,” the Prime Minister’s Office (PMO) said in a statement.

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–IANS

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Labour govt will reconnect Britain, promises new UK Foreign Secretary

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London, July 6 (IANS) Asserting that “diplomacy matters”, Britain’s new Foreign Secretary David Lammy said on Saturday that the new Labour government will begin with a “reset” with Europe on climate and with the global South.

Outlining his priorities following his appointment, Lammy highlighted that the world is currently facing “huge challenges” with more countries engaged in conflict than at any time since World War II.

“This government will reconnect Britain for our security and prosperity at home. What happens here in the Foreign, Commonwealth, and Development Office is essential.

“Diplomacy matters. We will begin with a reset with Europe, on climate, and with the global South.  And a gear-shift when it comes to delivering on European security, global security, and British growth,” Lammy said in a statement released by the UK Foreign Ministry on Saturday.

The 51-year-old Labour Party politician promised that the new government is determined to deliver for working people and committed to building a better future for everyone.

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“It is the honour of my life to stand before you as Foreign Secretary. A descendant of enslaved people. A black, working-class, man from Tottenham. A community which never produced a Foreign Secretary before. This speaks to what a modern, multicultural Britain can be. Proudly internationalist,” he said.

Lammy also mentioned that Britain has “enormous potential” and that the change has begun now – a slogan with which the Keir Starmer-led party fought the general elections.

–IANS

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Pak's macroeconomic environment was challenging in 2023: Central bank

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Islamabad, July 6 (IANS) Pakistan’s macroeconomic environment in the calendar year 2023 remained challenging amid rising inflation, weak foreign exchange inflows, pressures on external account and local currency, and low business confidence, particularly in the first half, the State Bank of Pakistan (SBP) said.

However, the policy measures and regulatory interventions that were taken to address growing imbalances coupled with securing a nine-month stand-by agreement from the International Monetary Fund (IMF) helped improve the macroeconomic conditions in the second half of 2023, the SBP said in its financial stability review for 2023, Xinhua news agency reported.

Inflation started falling, economic growth recovered, and the exchange rate stabilised towards the year-end, the central bank said in the report.

Against this backdrop, the financial sector exhibited strong growth and performance, and maintained financial soundness and operational resilience, it added.

The asset base of the financial sector expanded by 27 per cent in 2023, mainly driven by the banking sector, according to the report.

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–IANS

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