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    Would a written constitution save Britain from the far right? | Letters

    George Monbiot is right that having a written constitution would be better than not having one if the far right takes power (We must act now: without a written constitution, Reform UK will have carte blanche to toxify our nation, 23 October). But, as he points out, it’s not a guarantee of sane government. At least 75% of what Donald Trump is doing is unconstitutional, but it’s permitted by a compliant Congress and a rubber-stamp supreme court that is suddenly discovering presidential powers in the constitution that its framers never intended. The true problem is that a large proportion of the US electorate is content to let this happen.Marina Hyde noted the same trend here – too many people are so dischuffed (some with good cause, some not) that they are willing to press the “F you” button and smash the system. In 1795, as the first US government was getting under way, the writer Samuel Miller commented that “political prosperity resides, not in the words and letters of the constitution; but in the temper, the habits, and the practices of the people”. With or without a constitution, there needs to be peaceful civic resistance to a future extremist regime until more people are persuaded that a humane and tolerant government is worth having.Peter Loschi Oldham, Greater Manchester George Monbiot advocates a written constitution to defend against the threat of Reform UK. Do we really believe that it will win 40%-plus of votes and a majority of seats in a general election? I know it may be dangerous to dismiss it as a protest vote, but I can’t believe that.I was reading an entry from Alan Bennett’s Writing Home recently, where he opined that if Labour fought an election on the state of the NHS alone it would surely win hands down. Still true. Yet it is desperate to engage Reform on its home ground. I can’t believe people think that migration and cutting public services are the country’s biggest priorities.Ray FloodDundee George Monbiot calls for a written British constitution to be created through “a citizens’ constitutional convention”, with “participatory events all over the country”. But such events are likely to be dominated by people like him – educated, activist-minded liberals – whose values would then shape the constitution. Views that clash with theirs would be excluded by a process controlled by similar voices. In wanting to make his own values permanent, Monbiot shows an instinct not unlike Nigel Farage’s – both seek to enshrine their worldviews as the national default.Nathon RaineBradford George Monbiot says we urgently need constitutional change – there is an immediate opportunity for citizens to contribute to this agenda. The public bill committee reviewing the English devolution and community empowerment bill is welcoming submissions right now. In the evidence I submitted, published on the parliamentary website, I point out how the rise of far-right extremist groups gives renewed urgency to the importance of providing constitutional protection for all elected local authorities in England.It is a simple step for such a clause to be added to the bill. I explain how countries that outperform the UK on economic, social and environmental indicators, for example, Sweden, already enjoy such protections.Robin HambletonEmeritus professor, University of the West of England More

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    Alabama executes man on death row by controversial nitrogen gas method

    An Alabama man convicted of helping to burn a man alive was executed by nitrogen gas – a form of suffocation which defense lawyers have described as cruel and unusual punishment – on Thursday shortly after the US supreme court signed off on the seventh execution using the contested method.Anthony Boyd, 54, was sent to the death chamber at the William C Holman correctional facility on Thursday evening.“I didn’t kill anybody. I didn’t participate in killing anybody,” said Boyd in his final words, per the Associated Press. “There can be no justice until we change this system … Let’s get it.”He was strapped to a gurney and forced to breathe nitrogen through an industrial mask, fatally depriving his body of oxygen. He was pronounced dead at 6.33pm.On Thursday, the six conservative justices on the supreme court denied Boyd’s petition for a stay of execution over the fierce opposition of their three liberal peers. Sonia Sotomayor, joined by Elena Kagan and Ketanji Brown Jackson, wrote an excoriating dissenting opinion in which she invited readers to use a stopwatch to time four minutes.“Now imagine for that entire time, you are suffocating … That is what awaits Anthony Boyd tonight,” Sotomayor said.Boyd’s execution was the eighth time the gas has been used to kill a man after its initial experimentation by Alabama on Kenny Smith in January 2024. In March, Louisiana became the second state to deploy nitrogen as a killing method, with the execution of Jessie Hoffman Jr.Advocates of the death penalty have embraced the nitrogen method, which they insist is an acceptable alternative to the prevalent execution method in the US, lethal injection. A boycott of medical drugs sold to corrections departments has made it increasingly difficult for states to procure the chemicals used in lethal injections, and as a result they have turned to other methods including nitrogen.But the track record for this new killing procedure has been deeply troubling. The first prisoner to die by the gas, Smith, was seen by witnesses writhing and convulsing on the gurney.At a recent hearing in federal court in which Boyd appealed against his execution by nitrogen, Smith’s widow, Deanna Smith, likened the process of watching her husband die to “watching somebody drown without water”.The second person killed by Alabama using nitrogen, Alan Miller, also visibly shook and trembled for about two minutes in September last year. In the Louisiana execution, Hoffman was recorded still breathing 16 minutes into the procedure.Boyd’s lawyers argued in federal district court that the method was a violation of the eighth amendment of the US constitution, which prohibits cruel and unusual punishment. They said that previous nitrogen executions had caused prisoners “extreme pain and terror of suffocation while still conscious, inflicting gratuitous suffering beyond what is constitutionally permitted”.Earlier this month the federal judge in the case, Emily Marks, declined to stop Boyd’s execution from going ahead. She said she had no doubt that a person deprived of oxygen “experiences discomfort, panic and emotional distress”, but ruled that the constitution does not guarantee a painless death.Boyd was sentenced to death for the murder of Gregory Huguley in 1995. Prosecutors said he was one of four men who kidnapped Huguley after he failed to pay $200 for cocaine, then doused him in petrol and set fire to him.Boyd has always protested his innocence. The prosecution case depended on the testimony of an eyewitness with no forensic evidence connecting Boyd to the crime.“I didn’t kill anybody. I didn’t participate in any killing,” Boyd said when he phoned in to a recent press conference held by his supporters.His death sentence was handed down by a jury vote of 10 to two. Alabama and Florida are the only states that allow people to be sent to death row on the basis of a non-unanimous jury verdict. More

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    ‘Rogue president’: growing number of US judges push back against Trump

    US district and appeals courts are increasingly rebuking Donald Trump’s radical moves on tackling crime, illegal immigration and other actions where administration lawyers or Trump have made sweeping claims of emergencies that judges have bluntly rejected as erroneous and undermining the rule of law in America.Legal scholars and ex-judges note that strong court pushback has come from judges appointed by Republicans, including Trump himself, and Democrats, and signify that the administration’s factual claims and expanding executive powers face stiff challenges that have slowed some extreme policies.Among the toughest rulings were ones this month by Judge Karin Immergut in Oregon and Judge April Perry in Chicago. Both district judges sharply challenged Trump’s plans to deploy national guard troops to deal with minimal violence that Trump had portrayed as akin to “war” zones, spurring the judges to impose temporary restraining orders.Immergut, whom Trump nominated for the court in his first term, rejected Trump’s depiction of Portland as “war-ravaged”, and in need of saving from “Antifa and other domestic terrorists” concluding that the “president’s determination was simply untethered to the facts”. But a court of appeals ruled on 20 October that Trump could send national guard troops to the city.Elsewhere, district judge William Young in Boston issued a scathing 161-page ruling last month calling some of Trump’s deportation policies illegal efforts to deport non-citizen activists at colleges in violation of their first amendment rights “under the cover of an unconstitutionally broad definition of antisemitism”. Young was nominated by Ronald Reagan.Some former appeals court judges say that the district courts and courts of appeals are responding appropriately to a pattern of unlawful conduct by Trump and his top deputies.“The president and attorney general are openly contemptuous of the constitution and laws of the United States and of the federal courts, and the arguments they make to the courts mirror that personal contempt,” said retired court of appeals judge J Michael Luttig. “The federal district courts and the courts of appeals well understand that and they are going to have none of it.”View image in fullscreenRecent court rulings reveal a pattern of strong judicial rebukes to the Trump administration from district and appeals courts on multiple issues since Trump took office again, which the legal news and analysis site Just Security has documented.A Just Security study, which was spearheaded by New York University law professor Ryan Goodman, revealed that courts’ distrust of government information and representations hit over 40 cases as of 15 October versus 35 cases in mid-September. Similarly, it noted that courts’ findings of “arbitrary and capricious” administrative action totaled 58 cases on 15 October versus 52 in mid-September. The study showed courts’ concerns over noncompliance with judicial orders totaled over 20 cases as of 15 October up from 15 cases a month before.But despite the growing number of strong lower court rulings against the administration, some may well get reversed by the supreme court given its 6-3 conservative majority, and its rulings that have markedly expanded presidential powers.Nonetheless, legal scholars and ex-federal judges stress that recent district court rulings against Trump’s radical policies are grounded in fact and reveal profound scepticism about a number of the administration’s sweeping legal claims.“US district judges have the responsibility to determine the relevant facts before applying the law. Accordingly, the credibility of a party and its counsel are immensely important,” said former federal judge John Jones, who is now president of Dickinson College.“Simply put, the president’s reputation for hyperbole that lapses into outright lies precedes him in these cases, and judges are increasingly refusing to take the administration’s rationale for its actions at face value.”For example, Perry called the Department of Homeland Security’s depiction of events in Chicago “simply unreliable” with a “lack of credibility”. She noted that state and local law enforcement contradicted the case for deploying the national guard and Trump’s assertion that it was a “war zone”, and warned that using the guard could fuel “civil unrest”.Days later, the seventh circuit court of appeals upheld Perry’s ruling that denied a White House request to deploy national guard troops on Chicago streets in response to a lawsuit brought by the city of Chicago and Illinois.But on Friday the Trump administration asked the supreme court to pause those rulings and permit Trump to deploy troops in Illinois, boosting efforts to send the national guard into the Chicago area.Elsewhere, on Monday a three-judge appeals court panel ruled 2-1 that the Trump administration can send the national guard to Portland, lifting Immergut’s ruling and allowing some 200 federalized guard troops to be sent to the city to protect federal buildings.Responding to the ruling, Oregon’s attorney general said if the decision is allowed to stand Trump would have “unilateral power to put Oregon soldiers on our streets with almost no justification”.More broadly, scholars and other experts voice strong criticism of the administration’s legal claims.“Trump is abusing the laws that authorize domestic military deployment in a crisis, and the courts are starting to push back,” said Liza Goitein, the Brennan Center’s senior director of liberty and national security.“In the United States, federal armed forces cannot be used to execute the law except when civilian authorities have been completely overwhelmed. As judges in Oregon and Illinois have recognized, the facts on the ground simply don’t justify deployment of the military.“A court could reach the opposite conclusion only by extending a dangerous level of deference to the president, effectively giving him free rein to use the military as a domestic police force. That would be contrary to American principles and traditions, and it would pose a grave threat to democracy and individual liberty.”Not surprisingly, some recent rulings by district judges have outraged Maga world and top Trump officials, who have decried them in incendiary terms. The White House deputy chief of staff, Stephen Miller, called Immergut’s ruling “legal insurrection”, which some analysts worry could incite violence.Trump, too, fired back at Immergut’s ruling. “I wasn’t served well by the people who pick judges,” Trump told reporters soon after the ruling, seemingly forgetting he had nominated her, and then misidentifying her sex. “Portland is burning to the ground … That judge ought to be ashamed of himself.”Trump’s attacks on Immergut and earlier dust-ups with judges who ruled against the administration were advanced this month by El Salvador’s authoritarian leader Nayib Bukele, who urged the Trump administration to emulate his policies and impeach “corrupt judges”.“If you don’t impeach the corrupt judges, you CANNOT fix the country,” Bukele tweeted, sparking multi-billionaire and Maga ally Elon Musk to retweet it as “essential”.But legal experts say the ruling by Immergut and other district judges who have pushed back hard against administration policies are fully warranted and reasonable, given extreme moves by Trump on immigration, crime and other fronts they deem unjustified or illegal.“I think the strong district court response in these contexts is striking,” said Columbia law professor Gillian Metzger. “It’s occurring in other Trump contexts as well – for example, the administration’s efforts to deny appropriated funding or target law firms – but immigration enforcement and calling out the national guard are traditional executive areas where you’d expect the president to get deference.”Metzger said: “Judges are perceiving an administration that is asserting power in novel ways and at odds with basic norms and longstanding practices – eg, employing the national guard in a partisan fashion over the objections of state and local leaders, deploying Ice officers in aggressive ways, etc – and at times violating governing statutes.”Other legal scholars go further.“The problem is not rogue judges, but a rogue president. The problem is not what judges are doing but what the president is doing,” said former Massachusetts judge Nancy Gertner, who now teaches law at Harvard.Gertner pointed in particular to Young’s ruling in a deportation case involving efforts by the Department of State and the Department of Homeland Security to deport pro-Palestinian non-citizen students and professors who protested against Israel’s actions in Gaza.In his ruling, Young wrote that Trump’s conduct violated his oath to “preserve, protect and defend the constitution of the United States” and the actions of his administration represented a “full-throated assault on the first amendment”.Gertner noted that the “case involved sending people to countries without due process. We gave due process to people involved with the September 11 attacks. Sending people to countries where they had no relatives, NO TIES, was a flagrant violation of law.“What the Trump administration has been doing is so unprecedented and so far from normal and so illegal it makes sense that judges have issued injunctions stopping them.”Luttig stressed: “The judges of the United States will not be threatened and intimidated by this president and this attorney general. They will continue to honor their oaths to the constitution, which means the president and attorney general can expect loss after loss after loss, at least before the nation’s lower federal courts.” More

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    Judge says prosecution against Kilmar Ábrego García for human smuggling may be illegal retaliation

    A federal judge has concluded that the Department of Justice’s prosecution of Kilmar Ábrego García on human-smuggling charges may be an illegal retaliation after he successfully sued the Trump administration over his deportation to El Salvador.The case of Ábrego, a Salvadorian national who was a construction worker in Maryland, has become a proxy for the partisan struggle over Donald Trump’s sweeping immigration policy and mass deportation agenda.US district court judge Waverly Crenshaw granted a request late on Friday by lawyers for Ábrego and ordered discovery and an evidentiary hearing in Ábrego’s effort to show that the federal human-smuggling case against him in Tennessee is illegally retaliatory.Crenshaw said Ábrego had shown that there is “some evidence that the prosecution against him may be vindictive”. That evidence included statements by various Trump administration officials and the timeline of the charges being filed.The Departments of Justice and Homeland Security did not immediately respond to inquiries about the case on Saturday.In his 16-page ruling, Crenshaw said many statements by Trump administration officials “raise cause for concern”, but one stood out.That statement, by the deputy attorney general, Todd Blanche, on a Fox News program after Ábrego was charged in June, seemed to suggest that the Department of Justice charged him because he won his wrongful deportation case, Crenshaw wrote.Blanche’s ”remarkable statements could directly establish that the motivations for Ábrego’s criminal charges stem from his exercise of his constitutional and statutory rights” to sue over his deportation “rather than a genuine desire to prosecute him for alleged criminal misconduct”, Crenshaw wrote.Likewise, Crenshaw noted that the Department of Homeland Security reopened an investigation into Ábrego days after the US supreme court said in April that the Trump administration must work to bring him back.Ábrego was indicted on 21 May and charged on 6 June, the day the US returned him from a prison in El Salvador. He pleaded not guilty and is now being held in Pennsylvania.If convicted in the Tennessee case, Ábrego will be deported, federal officials have said. A US immigration judge has denied Ábrego’s bid for asylum, although he can appeal.The Salvadorian national has an American wife and children and has lived in Maryland for years, but he immigrated to the United States illegally as a teenager.In 2019, he was arrested by immigration agents. He requested asylum but was not eligible because he had been in the US for more than a year. But the judge ruled he could not be deported to El Salvador, where he faced danger from a gang that targeted his family.The human-smuggling charges in Tennessee stem from a 2022 traffic stop. He was not charged at the time.Trump administration officials have waged a relentless public relations campaign against Ábrego, repeatedly referring to him as a member of the MS-13 gang, among other things, despite the fact he has not been convicted of any crimes.Ábrego’s attorneys have denounced the criminal charges and the deportation efforts, saying they are an attempt to punish him for standing up to the administration.Ábrego contends that, while imprisoned in El Salvador, he suffered beatings, sleep deprivation and psychological torture. El Salvador’s president, Nayib Bukele, has denied those allegations. More

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    ‘Like the Gestapo’: trailblazing immigration judge on Ice brutality and Trump’s damage to the courts

    Dana Leigh Marks had the kind of career most immigration judges dream of.At 32, she won a precedent-setting supreme court case that made it easier to claim asylum in the US. In the decades that followed, she led the National Association of Immigration Judges to gain collective bargaining rights, fought to protect immigration courts from political meddling and blazed a trail for a generation of female judges.Now retired at 71, she’s seen her share of political ups and downs over her 10 years as an immigration lawyer and 35 years on the bench. But nothing could have prepared her for what she’s seen the Trump administration do to the court systems she once served.“I have seen my entire career destroyed by Trump in six months,” said Marks, reflecting on the state of her profession while sipping coffee near her home in Marin county, just across the Golden Gate Bridge from San Francisco, where she spent much of her career. “I’m flat out terrified on all fronts.”Whip-smart, with a shock of white curls, Marks can speak more freely than a sitting immigration judge. And the picture she paints is alarming.Trump’s immigration crackdown has thrown the already backlogged courts into chaos. More than 100 immigration judges have been fired since Trump was sworn in, including roughly a third of the judges in San Francisco, home to one of the largest immigration courts in the country. People across the US are routinely arrested outside their court hearings by Ice agents “acting like the Gestapo”, Marks said.She described her former colleagues as under siege. “If I were an immigration practitioner now, I’d tell my clients that they have to act like they’re in a war zone,” she said. “Be prepared for any eventuality, because it is so random and so chaotic.”Despite the grim subject matter, Marks is full of wisecracks and seems to have her spirits permanently set on high – gushing at every passing dog and baby.“Immigration judges do death penalty cases in a traffic court setting” is among her oft-quoted zingers.She describes the frenetic work of an immigration judge as like “the guy behind the curtain in The Wizard of Oz”: managing dockets, juggling courtroom tech and interpreters, typing verbatim notes while monitoring audio recording levels, then issuing immediate oral rulings with few clerks and barely any time to think. It’s an already frenzied job, and one she believes the Trump administration is intentionally trying to make harder.Humor aside, her message for the public is a serious one: that the Trump administration is “attacking” immigration courts “on all fronts” in order to eliminate them entirely by proving they’re “dysfunctional”. There’s a backlog of 3.6m cases waiting to be adjudicated, and Marks believes the courts have been purposefully starved of resources.“I feel like the immigration courts are the canaries in the coalmine,” she said, “and what’s happening to them is an illustration of what might happen to other court systems if we don’t stop it.”A critical eye and an open mindMarks’ interest in refugees and the immigrant experience comes from her own family’s lucky escape to America.“I was raised with an awareness of immigration to begin with,” said Marks. Her Jewish grandmother fled pogroms in Lithuania and was on one of the last boats to the US before the first world war severely restricted transatlantic migration. By the 1920s, the US enacted laws imposing strict quotas on refugees from eastern and southern Europe that almost completely shut down legal pathways for Jewish refugees fleeing the Holocaust.View image in fullscreenMarks grew up in a diverse part of west Los Angeles, and spent a year in Chile after Salvador Allende’s election, where she learned Spanish and saw first-hand the dissonance between US media coverage of his presidency and how Chileans talked about politics around dinner tables. She learned to read and listen to many perspectives with a critical eye and an open mind.She wanted to be a social worker, but went to law school and nearly dropped out before falling in love with immigration law. “You met the world coming into your office,” she said, describing her years in private practice.In 1987, at the age of 32, she won the supreme court case known as INS v Cardoza-Fonseca, which expanded asylum eligibility by granting relief to those with a “well-founded fear” of persecution. The morning after that victory, she started her training to become a judge.Alongside her work in court, she led the National Association of Immigration Judges for nearly two decades and recruited half a dozen female judges to the bench. She prided herself on using compassion and humor to lower the tension in her courtroom: when people feel heard and judged fairly, they’re more likely to accept your decisions, she said, even when you rule against their claim.View image in fullscreenMarks retired in 2021 to become “Nana Dana” and care for her grandchild, but she remains deeply engaged in the field, speaking at conferences, advising the National Association of Immigration Judges, educating law students, officiating weddings and serving on the advisory board of the non-profit Justice Connection.What’s been playing out now in courtrooms, in policy memos and on the streets has chilling echoes of the authoritarian eras her Jewish ancestors fled.Among her more recent concerns is the push to recruit hundreds of military lawyers to serve as immigration judges. In late August, the Trump administration scrapped the rule requiring temporary immigration judges to have spent a decade practicing immigration law before qualifying for the bench. Days later, 600 military lawyers were cleared to fill vacant judge seats. All of this is “absolutely unprecedented”, said Marks. “I don’t want to slam military lawyers, but there is the concern that they’re being picked because there’s a perception that they will just follow orders.”Political interference in the courtFor Marks, political encroachment on immigration courts has been “a slow creep that now has gone to light speed”.A hallmark of American democracy is the separation of powers and an independent judiciary. But this has never been so for immigration courts, which are overseen by the Department of Justice, a part of the executive branch rather than the judicial branch.“Deep in my bones, I always felt the placement of the immigration court in the Department of Justice was wrong,” she said. “The boss of the prosecutor should not be the boss of the judge.”The court’s placement has led to political interference and underfunding by both parties in power, and Marks wanted to fight back. She spent decades advocating for the nation’s immigration court system to be moved out from under the political whims and meddling of the justice department and into an independent judiciary. In 2022, the congresswoman Zoe Lofgren introduced a bill that would have created an independent immigration court system – but the bill ultimately died. Marks thinks reviving that bill should be a top priority for Democrats.She believes everyone across the political spectrum should be incensed by the current level of meddling with due process: from firing immigration judges, to pressuring them to toss out asylum cases so they can be reassigned as emergency deportations, to turning courthouses into traps where Immigration and Customs Enforcement agents scoop up immigrants to meet deportation quotas, and more.“Americans were raised with the golden principle that everybody deserves due process, and I really think the majority of Americans believe that, and that that’s what makes us exceptional in the world,” she said.“What kills me, as a lawyer, is that Trump turns everything on its head and blows through clearly established legal precedent as if it doesn’t exist. Fealty to precedent is the core of our legal system.”If there’s a silver lining for her, it’s that she predicts the administration’s embrace of chaos will ultimately backfire. For example, she thinks that dropping military reservists on to the bench for six-month stints is a recipe for failure. Rather than expediting the backlog of asylum cases, it will unleash chaos, “screw up the records” and “make appeals go wild”.“If you build by chaos, even if you’re right in what you construct,” she quipped, “it’s going to crumble.” More

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    Most of Trump’s tariffs are illegal, federal court rules

    Donald Trump overstepped his presidential powers with most of his globe-rattling tariff policies, a federal appeals court in Washington DC ruled on Friday.US law “bestows significant authority on the president to undertake a number of actions in response to a declared national emergency, but none of these actions explicitly include the power to impose tariffs, duties, or the like, or the power to tax”, the court said in the 7-4 ruling.Many of Trump’s steep tariffs are “are unbounded in scope, amount and duration”, the ruling added, and “assert an expansive authority that is beyond the express limitations” of the law his administration has leant on.The court’s decision is the biggest blow yet to Trump’s tariff policies and will likely mean the supreme court will have to rule on whether he has the legal right as president to upend US trade policy. The court said the ruling would not take effect until 14 October.“ALL TARIFFS ARE STILL IN EFFECT!” Trump wrote on social media, moments after the ruling came down, after the stock markets closed ahead of a three-day weekend in the US. In a lengthy post, he accused the appeals court of political bias.“If allowed to stand, this Decision would literally destroy the United States of America,” he continued. “At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products.”The ruling voided Trump’s “Liberation Day” tariffs that set a 10% baseline on virtually all of the US’s trading partners and his so-called “reciprocal” tariffs on countries he has argued have unfairly treated the US.Trump has claimed he has the right to impose tariffs on trading partners under the International Emergency Economic Powers Act (IEEPA), which in some circumstances grants the president authority to regulate or prohibit international transactions during a national emergency.The Trump administration has cited various national emergencies – including US trade deficits with trading partners, fentanyl trafficking, and immigration – as the reasons for the actions.But a group of small businesses has challenged the administration’s arguments, arguing they are “devastating small businesses across the country”.And on Friday, the appellate court ruled: “It seems unlikely that Congress intended, in enacting IEEPA, to depart from its past practice and grant the president unlimited authority to impose tariffs.”The ruling also said the US law “neither mentions tariffs (or any of its synonyms) nor has procedural safeguards that contain clear limits on the president’s power to impose tariffs”.Earlier on Friday, Bloomberg reported that the administration, worried the court might invalidate the tariffs immediately, filed statements by Scott Bessent, the treasury secretary, Howard Lutnick, the commerce secretary, and Marco Rubio, the secretary of state, warning that such a decision would be a “dangerous diplomatic embarrassment” for the US.In a statement, White House spokesman Kush Desai said that Trump “lawfully exercised the tariff powers granted to him by Congress to defend our national and economic security from foreign threats”.He said: “The president’s tariffs remain in effect, and we look forward to ultimate victory on this matter.”William Reinsch, a former senior commerce department official now with the Center on Strategic and International Studies, told Reuters that the Trump administration had been bracing for this ruling. He said: “It’s common knowledge the administration has been anticipating this outcome and is preparing a Plan B, presumably to keep the tariffs in place via other statutes.”The US trade court heard the case – VOS Selections Inc v Trump – in May, and ruled that the tariffs “exceed any authority granted to the president”. But the court agreed to a temporary pause in the decision pending an appeal hearing.The US court of appeals for the federal circuit in Washington DC heard oral arguments about the case on 31 July. Judges expressed skepticism about the administration’s arguments at the hearing. The IEEPA “doesn’t even say ‘tariffs’”, one of the judges noted. “Doesn’t even mention them.”In its ruling, the appeals court noted there were “numerous statutes” that do delegate the power to impose tariffs, in which “clear and precise terms” are used to this make clear.When Congress wants to delegate such authority, it typically “does so explicitly, either by using unequivocal terms like tariff and duty, or via an overall structure which makes clear that Congress is referring to tariffs”, the court added.It said: “The absence of any such tariff language in IEEPA contrasts with statutes where Congress has affirmatively granted such power and included clear limits on that power.”Trump’s tariffs have triggered economic and political uncertainty across the world and stoked fears of rising inflation. More

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    Judge rules ex-Trump lawyer unlawfully serving as US attorney in New Jersey

    A federal judge ruled on Thursday that Donald Trump’s former lawyer, Alina Habba, has been unlawfully serving as the top federal prosecutor in New Jersey.In his order disqualifying Habba from prosecuting three defendants who challenged her appointment, chief US district judge Matthew Brann wrote: “The Executive branch has perpetuated Alina Habba’s appointment to act as the United States Attorney for the District of New Jersey through a novel series of legal and personnel moves.“Along the way, it has disagreed with the Judges of the United States District Court for the District of New Jersey and criminal defendants in that District about who should or may lead the office. Faced with the question of whether Ms Habba is lawfully performing the functions and duties of the office of the United States Attorney for the District of New Jersey, I conclude that she is not.”The judge found that Habba’s term as the interim US attorney ended in July, and the Trump administration’s maneuvers to keep her in the role without getting confirmation from the US Senate did not follow procedures required by federal law.Brann said he is putting his order on hold pending an appeal.Habba, who unsuccessfully defended Trump in his New York fraud trial, also served as a frequent campaign surrogate for him in 2024.skip past newsletter promotionafter newsletter promotionAfter being appointed to the interim role in March, she said the state could “turn red”, a rare overt political expression from a prosecutor, and said she planned to investigate the state’s Democratic governor and attorney general.She then brought a trespassing charge, which was eventually dropped, against Newark’s mayor, Ras Baraka, stemming from a confrontation with federal agents during his visit to an immigration detention center. Habba later charged a Democratic representative, LaMonica McIver, with assault for resisting the detention of the mayor in the same incident, a rare federal criminal case against a sitting member of Congress other than for corruption. McIver denies the charges and has pleaded not guilty.In late July, when Habba’s four-month temporary appointment was coming to a close, it became clear that she would not get support from home state senators Cory Booker and Andy Kim, both Democrats, meaning her chances of Senate approval were nil.Trump then withdrew her nomination, and federal judges in New Jersey exercised their power under the law to replace Habba with a career prosecutor when Habba’s temporary appointment lapsed. The attorney general, Pam Bondi, retaliated by firing that prosecutor and moved to re-install Habba as acting US attorney.Associated Press contributed to this report More

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    US imposes sanctions on international court officials in ‘flagrant attack’

    The Trump administration has ramped up its efforts to hobble the international criminal court in what the ICC has denounced as a “flagrant attack against the independence of an impartial judicial institution”.The US state department on Wednesday announced new sanctions on four ICC officials, including two judges and two prosecutors, saying they had been instrumental in efforts to prosecute Americans and Israelis. As a result of the sanctions, any assets that the targets hold in US jurisdictions are frozen.The sanctions were immediately denounced by both the ICC and the United Nations, while Israel welcomed the move announced by the secretary of state, Marco Rubio.It is just the latest in a series of steps the Trump administration has taken against the Hague-based court, the world’s first international war crimes tribunal. The US, which is not a member of the court, has already imposed penalties on the ICC’s former chief prosecutor, Karim Khan, who stepped aside in May pending an investigation into allegations of sexual misconduct, and four other tribunal judges.The new penalties target the ICC judges Kimberly Prost of Canada and Nicolas Guillou of France and prosecutors Nazhat Shameem Khan of Fiji and Mame Mandiaye Niang of Senegal.“These individuals are foreign persons who directly engaged in efforts by the international criminal court to investigate, arrest, detain or prosecute nationals of the United States or Israel, without the consent of either nation,” Rubio said.He added that the administration would continue “to take whatever actions we deem necessary to protect our troops, our sovereignty and our allies from the ICC’s illegitimate and baseless actions”.In a separate statement, the state department said Prost was sanctioned for a ruling to authorize an ICC investigation into personnel in Afghanistan, which was later dropped. Guillou was sanctioned for ruling to authorize the ICC’s issuance of arrest warrants for Benjamin Netanyahu and Israel’s former minister of defense Yoav Gallant related to Israel’s war in Gaza.France – whose president, Emmanuel Macron, was in Washington two days earlier – expressed “dismay” over the action.The sanctions are “in contradiction to the principle of an independent judiciary”, a foreign ministry spokesperson said in Paris.Khan and Niang were penalized for continuing Karim Khan’s investigation into Israel’s actions in Gaza, including upholding the ICC’s arrest warrants for Netanyahu and Gallant, according to the statement.In response, the ICC issued a statement calling the sanctions “a flagrant attack against the independence of an impartial judicial institution” and “an affront against the Court’s states parties, the rules-based international order and, above all, millions of innocent victims across the world”.A UN spokesperson, Stéphane Dujarric, said the ICC had the full support of the world body to carry out its work. The UN was “very concerned” about the US continuing to target the international court, he said.“We firmly believe that the ICC is a key pillar of international criminal justice, and we respect their work,” Dujarric said. “The decision imposes severe impediments on the functioning of the office of the prosecutor in respect for all the situations that are currently before the court.”skip past newsletter promotionafter newsletter promotionNetanyahu welcomed the US move.“This is a firm measure against the mendacious smear campaign against the State of Israel and the IDF, and for truth and justice,” he said in a statement, using an acronym for the Israeli military.Wednesday’s move carries on a history of Trump administration actions against the ICC dating back to his first term in office. During Trump’s first term, the US hit the ICC with sanctions, but those were rescinded by Joe Biden’s administration in early 2021.Danya Chaikel, the International Federation for Human Rights’s representative to the ICC, said the escalation in US sanctions amounted to “a continued attack on the rule of law and a blatant attempt to intimidate those pursuing accountability for atrocity crimes”.She said the new sanctions were a “defining test” for the ICC’s 125 member states. “Will they defend the court’s independence and the rights of victims of international crimes, or allow intimidation by powerful states to dictate who deserves justice?” she added. More