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    Virginia officials find misreported 2020 election votes added to Trump’s total

    As Donald Trump continues to pursue the lie that his 2020 presidential election defeat was the result of electoral fraud, elections officials in Virginia have admitted some results there were improperly reported – resulting in an artificially inflated total for Trump while votes were actually taken away from Joe Biden.Eric Olsen, director of elections for Prince William county, said: “Election results were improperly reported by the previous administration during the 2020 election.“… The reporting errors were presumably a consequence of the results tapes not being programmed to a format that was compatible with state reporting requirements. Attempts to correct this issue appear to have created errors. The reporting errors did not consistently favor one party or candidate but were likely due to a lack of proper planning, a difficult election environment, and human error.”The result, Olsen said, was that Biden received 1,648 fewer votes than he should have received and Trump received 2,327 too many.The error did not affect the result in Prince William county or in Virginia overall.In the county, Biden beat Trump by more than 61,000 votes. In the state, on his way to victory in the national popular vote by more than 7m ballots and in the electoral college by 306-232, Biden won by more than 450,000.Errors affected other 2020 races in Prince William county, which sits south-west of Washington DC and includes Manassas, the site of two major American civil war battles and Barack Obama’s final pre-election rally in 2008.For US Senate, the sitting Democratic senator Mark Warner received 1,589 votes fewer than he should have and his Republican challenger, Daniel Gade, was short by 107. Statewide, Warner won by more than 500,000 votes.In the US House, the Republican Rob Wittman was short by 293 votes in Prince William county but won Virginia’s first district by more than 80,000.Olsen said the errors did not meet the threshold which would trigger a recount.Saying improvements had been made to county elections management, he alluded to threats to elections officials across the US that have been fueled by Trump’s voter fraud lie.skip past newsletter promotionafter newsletter promotion“Over the past three years,” Olsen said, “the 2020 election has been the subject of audits, recounts and investigations. Election officials have continued to work diligently in the face of extreme stress and threats to our health and safety.“Mistakes are unfortunate but require diligence and innovation to correct. They do not reflect a purposeful attempt to undermine the integrity of the electoral process and the investigation into this matter ended with that conclusion.“We have worked to bring transparency to the reporting of an election that happened three years ago. This dedication remains and applies to all current and future elections. The public should have faith in the thousands of tireless public servants and volunteers who preserve and protect our democracy.”In 2022, Michele White, the former registrar in Prince William county, was indicted on charges of corrupt conduct, making a false statement and willful neglect of duty, in connection with the 2020 election.White said the charges were politically motivated. Jason Miyares, Virginia’s Republican attorney general, denied that – but the charges were recently dropped. More

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    Wisconsin: far-right group bids to recall speaker for resisting Trump’s big lie

    A far-right group in Wisconsin has launched a long-shot bid to oust the Wisconsin assembly speaker, Robin Vos – the latest salvo in a running feud between the powerful Republican lawmaker and conspiracy-minded hardliners.The recall campaign is the newest attempt by election-denying activists to punish politicians and state officials whom they view as insufficiently loyal to Donald Trump and his attempt to overturn the 2020 election. Vos has become a particular target for refusing to accept their claims that the election was rigged.Jay Schroeder, a conservative activist who has promoted election misinformation online and ran a failed campaign for Wisconsin secretary of state in 2022, is leading the effort.“The whole system has been putting doubt in people’s minds,” said Schroeder, who pointed to Vos’s refusal to aggressively pursue impeaching Meagan Wolfe, the state’s top election official, as a primary motivation for the recall campaign.The recall announcement was received with fanfare by Wisconsin conspiracy theory groups on the messaging app Telegram, some of whom used the language of the QAnon conspiracy community to promote its efforts. One post included the phrase “WWG1WGALL”, shorthand for “Where we go one, we go all”, the slogan of the movement.Vos fired back at the recall attempt, calling it “a waste of time, resources and effort” in a statement on Wednesday.“The effort today is no surprise since the people involved cannot seem to get over any election in which their preferred candidate doesn’t win,” he said.The push also marks the latest mobilization by the conspiracy theory-fueled far-right movement in Wisconsin which is animated by Christian nationalism, misinformation about elections administration and unwavering support for Trump. Vos barely survived a primary challenge after Trump endorsed his primary opponent in the 2022 elections.Since then, Wisconsin’s far right has mobilized frequently against Vos. Its fury was triggered most recently by Vos’s decision not to push hard to impeach Wolfe, the state’s nonpartisan elections administrator who has been the target of harassment and a failed legislative effort to oust her.skip past newsletter promotionafter newsletter promotionVos has tried to tread an impossible path between appeasing the state’s election-denying activists and defending his own conviction that trying to overturn the 2020 election – a proposition Trump pushed on him personally – would be illegal and unconstitutional.In a bid for rightwing support, Vos called for an investigation into the 2020 election, appointing former Wisconsin supreme court justice Michael Gableman, a Stop the Steal promoter, to lead it. The investigation routinely generated scandals and produced no evidence of widespread fraud in the Wisconsin presidential election. Vos eventually fired Gableman, said he regrets the effort and has been increasingly critical of Trump over the past year.“Donald Trump’s unhealthy obsession with 2020 is not what Americans want to hear about in 2024,” Vos told the Guardian in December. More

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    Trump expected in court for immunity appeal in election interference case

    A federal appeals court is considering whether Donald Trump can be criminally prosecuted on federal charges over his efforts to overturn the results of the 2020 election because it involved actions related to his office that he undertook while still president.The decision that the appeals court in Washington reaches after the Tuesday morning hearing – which the former president said on his Truth Social platform he will attend – and how long it takes to issue a ruling, could carry profound consequences for the scheduled March trial.Trump appealed his federal election interference case last month after the trial judge rejected his effort to have the charges thrown out on grounds that he was afforded absolute immunity from prosecution.The argument from Trump’s lawyers advanced a sweeping interpretation of executive authority that contended all of his actions to reverse his election defeat in 2020 fell under the “outer perimeter” of his duties as president and were therefore protected.Trump’s motion was swiftly rejected by the US district judge Tanya Chutkan, who wrote in an opinion accompanying the ruling that neither the US constitution nor legal precedent supported such an extraordinary extension of post-presidential power.“Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass,” Chutkan wrote. “Former presidents enjoy no special conditions on their federal criminal liability.”Trump’s lawyers had always expected to lose their initial attempt to toss the charges, which is scheduled for trial in federal district court in Washington on 5 March, and to use the appeals process as their final strategy to delay the case as long as possible.Trump has made it no secret that his strategy for all his impending cases is to delay, ideally beyond the 2024 election in November, in the hopes that winning re-election could enable him to potentially pardon himself or direct his attorney general to drop the charges.The clear attempt to stave off the looming trial prompted the special counsel, Jack Smith, to attempt a rarely seen move to ask the US supreme court to resolve the presidential immunity question before the DC circuit had issued its own judgment.skip past newsletter promotionafter newsletter promotionProsecutors made it plain in their 81-page court filing that they wanted to leapfrog the lower appeals court because they were concerned that the process – scheduling hearings and waiting for rulings – would almost certainly delay the trial date.But the supreme court declined to hear the matter last month, remanding the case back to the DC circuit and having the three-judge panel of Florence Pan, Michelle Childs and Karen Henderson issue its own decision first. In the interim, the case against Trump remains frozen.The decision has almost certainly slowed down Trump’s federal election interference case. Even if the DC circuit were to rule against Trump quickly, he can ask the full appeals court to rehear the case, and then has 90 days to lodge his own appeal to the supreme court. More

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    Trump avoids mention of US Capitol attack on 6 January anniversary

    Donald Trump largely ducked speaking about the January 6 attack on the US Capitol during a campaign speech Saturday, which he delivered on the third anniversary of the insurrection, reflecting the degree to which Republican voters have absolved the former president of responsibility for that day’s deadly consequences.Trump’s remarks came a day after Joe Biden appeared in Blue Bell, Pennsylvania, and spoke about how his presidential predecessor had urged his supporters to “fight like hell” shortly before they staged the Capitol attack.Trump brought up January 6 only once as he addressed hundreds of supporters in the town of Newton, Iowa, nine days before that state’s Republican caucuses are scheduled to kick off the 2024 presidential campaign. He repeated previous claims that the Democrat Biden, whom he is likely to face in a general election rematch in November, is the true threat to democracy.“You know this guy [Biden] goes around and says I’m a threat to democracy,” Trump said. “No, he’s a threat because he’s incompetent. He’s a threat to democracy.”“Nobody thought J6 was even a possibility,” Trump said later, without elaborating.Trump also attacked the former Republican representative Liz Cheney, who has been sharply critical of Trump since the January 6 attack, when a mob of Trump supporters stormed the Capitol as legislators were certifying Biden’s 2020 election victory.On the other hand, Biden has repeatedly called Trump a threat to democracy on the trail, and that messaging has emerged as a central theme of his campaign so far.“We saw with our own eyes the violent mob storm the United States Capitol,” Biden said Friday. Referring to Trump, Biden continued: “He told the crowd to ‘fight like hell,’ and all hell was unleashed. He promised he would right them. Everything they did, he would be side by side with them. Then, as usual, he left the dirty work to others. He retreated to the White House.”Biden’s remarks were a clear attempt to balance out the approach at recent campaign events in Iowa by Trump’s – and those backing other Republican presidential hopefuls – who have downplayed the significance of January 6. Many of them have also embraced conspiracy theories regarding the events of that day.Trump himself has suggested during previous campaign stops that undercover FBI agents played a significant role in instigating the attack, an account not supported by official investigations.More than 1,200 people have been charged with taking part in the riot, and more than 900 have either pleaded guilty or been convicted following a trial.Nine deaths have been linked to the attack, including law enforcement suicides.Yet on Saturday, Hale Wilson, a Trump supporter from Des Moines who was at the Newton event, said of the attack: “It wasn’t really an insurrection. There were bad actors involved that got the crowd going.”skip past newsletter promotionafter newsletter promotionTrump has been in Iowa to curry support before the state’s Republican caucus on 15 January, which is the first contest of the Republican presidential nominating contest. He currently leads all competitors by more than 30 percentage points in the state, according to most polls.Polls have also shown that a rematch with Biden later this year could be close and competitive despite 91 criminal charges pending against Trump, who was twice impeached during his time in the Oval Office.The criminal charges against Trump are for trying to subvert his defeat to Biden in the 2020 race, illegally retaining government secrets after he left the White House and giving hush-money payments to the adult film actor Stormy Daniels, who has reported having a sexual encounter with the former president during an earlier time in his marriage to Melania Trump.Trump additionally has grappled with civil litigation over his business practices and a rape allegation which a judge deemed to be “substantially true”.Biden on Friday said Trump’s January 6 denial betrayed an attempt “to steal history the same way he tried to steal the election”.“There’s no confusion about who Trump is or what he intends to do,” Biden remarked.
    Reuters and the Associated Press contributed reporting More

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    More than a third of US adults say Biden’s 2020 victory was not legitimate

    More than a third of US adults believe Joe Biden was not legitimately elected president in 2020, according to a new poll.According to the Washington Post and the University of Maryland, 62% of American adults say they believe Biden’s win was legitimate – down from 69% in the same poll in December 2021.Thirty-six per cent say they do not accept Biden’s win.This week brings the third anniversary of the deadly January 6 attack on Congress, which Donald Trump incited in his attempt to overturn his conclusive defeat by Biden the year before.Nine deaths have been linked to the attack, including law enforcement suicides. More than a thousand people have been charged and hundreds convicted in relation to the riot, some with seditious conspiracy.Trump was impeached for inciting an insurrection but acquitted when enough Senate Republicans stayed loyal.Colorado and Maine have moved to bar Trump from the ballot under section three of the 14th amendment to the US constitution, a post-civil war measure meant to prevent insurrectionists running for state or national office. Trump is expected to appeal.Maintaining his lie that Biden’s win was the result of electoral fraud, and using four federal and 13 state criminal election subversion charges (alongside 74 other criminal counts and assorted civil threats) to motivate supporters, Trump dominates polling for the Republican nomination this year.Reporting its poll, the Post said that among Republicans, only 31% now say Biden’s win was legitimate – down from 39% in 2021.The poll also showed Republicans becoming more sympathetic to the January 6 rioters and more likely to absolve Trump of responsibility for the attack, the Post said.Analysing the poll, Aaron Blake, a senior political reporter for the Post, said it mostly showed that Trump’s message over the 2020 election and January 6 had resonated with voters already disposed to believe it.Nonetheless, Michael J Hanmer, director of the Center for Democracy and Civic Engagement at the University of Maryland, told the paper: “From a historical perspective, these results would be chilling to many analysts.” More

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    ‘You better pray’: Christian nationalist groups are mobilizing before the 2024 elections

    On a cold night in November, a man named Jefferson Davis addressed a crowd of conservative activists gathered in an American Legion hall 20 miles north of Milwaukee. In his left hand, Davis brandished an unusual prop.“In this diaper box are all the receipts for the illegal absentee ballots that were put into the Mark Zuckerberg drop boxes all over the state of Wisconsin,” said Davis.Behind him, a long table stacked with papers, binders and a small pile of doorknobs stretched across the hall. They were for theatrical effect: the doorknobs were a tortured analogy for the multiple conspiracy theories Davis had floated, and the diaper box was a visual stand-in for the ballot drop boxes Wisconsin voters used across the state in 2020. The paperwork, Davis insisted, contained the evidence of an enormous plot to steal the 2020 presidential election from Donald Trump in Wisconsin. His audience of more than 70 people, including local and state-level elected officials, sat rapt.Davis was speaking at an event organized by Patriots of Ozaukee County, a rightwing group that vows to “combat the forces that threaten our safety, prosperity and freedoms” and compares itself to the musket-toting Minutemen of the revolutionary war.The organization is one of more than 30 such “patriot” groups in Wisconsin identified by the Guardian which claim that the last presidential election was stolen from Donald Trump. Many, including the Ozaukee county organization, openly embrace Christian nationalist rhetoric and ideology, arguing that the laws of the US government should reflect conservative Christian beliefs about issues like abortion and LGBTQ+ rights.Their religious interpretation of the US’s founding has propelled these groups not only into fights over elections administration but also against vaccine requirements and protections for transgender people.Now, with the 2024 presidential election less than a year away, Wisconsin’s patriot movement and its allies are fighting for legislation that they believe will protect the state’s electoral process from fraud, and mobilizing supporters to work the polls, observe polling places and spread the word about their concerns – pushing the GOP further to the right and threatening more challenges to the voting process come election day.Patriots of Ozaukee County was created in March 2021 by local activists who were “upset about the election”, said Scott Rishel, who founded the group. He felt there was nowhere he could speak freely about the 2020 election, or things like Covid-19 vaccines and masks. Plus, he said: “We were tired of the GOP, because they’re not really an activist organization.”At the urging of a friend, he convened the group’s first meeting.“With the 2020 election and Covid tyranny, that all opened my eyes,” he told the crowd of mostly older couples at the November event. “The silent majority was killing us. It was killing our country, killing our community. And we needed to learn how to no longer be silent.”By “we”, Rishel meant conservative Christians. “Jesus Christ is my savior, my lord. It’s amazing how some people didn’t have the courage to say that – they think it’ll make people uncomfortable.”Their movement of biblically motivated patriots has since roared to life, winning some powerful allies along the way.In attendance at the Ozaukee county meeting was the state senator Duey Stroebel, the vice-chair of the state’s powerful joint committee on finance. Stroebel, who has refrained from actually endorsing Trump’s false claims that the 2020 election was stolen, has nonetheless backed numerous bills to restrict voting access, invoking the heightened anxiety on the right about election security to justify their passage.Nearly two hours into the meeting, Stroebel interjected. “One thing you might want to comment on is ranked-choice voting,” he said, voicing his opposition to a bipartisan effort in the legislature to adopt the voting method used in states including Maine and Alaska that allows voters to rank their preference on multiple candidates. The method ensures the winning candidate wins a majority rather than a plurality of the vote and essentially eliminates the risk of third-party candidates spoiling an election result.“Senator Stroebel is referring to what’s called ranked-choice voting,” Davis told the crowd. “What I call it is ‘guarantee that Democrats win’.”To members of this movement, this proposal is just the latest suspicious attempt to change the voting system to steal elections.Hardline conservatives have grown increasingly convinced that the election system is rigged against them, largely because Trump has pushed those claims hard since the 2020 election. And in spite of the fact that there was no evidence of significant voter fraud in recent American elections, it has also mobilized local groups into action across the US.Amy Cooter, a Middlebury College professor whose research focuses on militias and local rightwing groups, described the rise of patriot groups across the country as “a backlash movement”. After 2020, said Cooter, local rightwing groups have been motivated largely by “the last presidential election and thoughts that it was stolen – plus concerns that future elections might similarly be”.The patriot movement in Wisconsin appears to be growing. Attendees at November’s meeting were unsurprised by the packed house: closer to 200 had attended the Ozaukee group’s last event in October, which featured a long lineup of speakers including Davis.skip past newsletter promotionafter newsletter promotionPatriot groups in Wisconsin have found an awkward alliance with Republican officials and prominent activists in the state. A July gathering hosted by the Barron county Republican party, located across the state in north-west Wisconsin, drew closer to 500. That event, which included free beer and a gun raffle and was promoted by patriot groups, illustrated the common cause the movement’s activists have found with the grassroots of the GOP.The Brown county Republican party – also in the north-west of the state – has hosted Constitution Alive! events, which patriot organizations advertised broadly. (A spokesperson said the local GOP is formally unaffiliated with patriot groups.)“As you know, I travel the whole state,” Davis told me in December. “And everywhere I go, I’m either asked to speak by patriot freedom groups, or Republican party chapters. And most of the time both groups show up.”Many patriot groups in the state are animated by the Christian nationalist viewpoint.Patriots of Ozaukee County declares on its website that it views as fundamental “truths” that “God is our creator” and “Jesus is our savior”. The Ozaukee county group has also hosted Constitution Alive! events touting the claim that the US constitution is a Christian document – led by the Patriot Academy organization, a Christian nationalist group that also offers weapons courses.They’re not alone. Patriots United, a group in Eau Claire, Wisconsin, exemplifies the typical rhetoric of the Christian right, describing its membership as “constitutional conservative Christians who seek to glorify and honor God” with the explicit aim of increasing “Christian influence” in local government.Another Wisconsin patriot group called North of 29 has begun to put into action the work that Davis advocates. With the help of groups affiliated with Mike Lindell, the MyPillow CEO and conspiracy theorist, the group has begun canvassing neighborhoods for voter fraud, using data that they refuse to share publicly to identify instances of suspicious activity. (A similar group in Colorado has been sued in federal court for allegedly going “door-to-door around Colorado to intimidate voters”, a practice the suit argues violates the Ku Klux Klan Act.)Most prominent elected Wisconsin Republicans have refused to outright endorse Trump’s claims that the 2020 election was stolen. But they have invoked the fears of election fraud to justify passing restrictive voting legislation that election-denying activists have clamored for.One bill, passed by the legislature and vetoed by the Democratic governor, Tony Evers, in 2022, would have made it harder for people to qualify as “indefinitely confined”, a status disabled voters can claim to receive an absentee ballot. During the 2020 election, during the peak of the Covid pandemic, the number of people who described themselves as indefinitely confined so they could vote from home increased dramatically – a fact that became a central point in conspiracy theories about the election. They’ve also tried to ban the use of private grants to help fund elections, keying off another conspiracy theory driven by money donated by Mark Zuckerberg’s foundation to local offices for election administration; Evers vetoed a bill to ban such money, but the legislature has now advanced the ban as a constitutional amendment which will be considered by voters this spring.Republicans in the legislature also unsuccessfully tried to force out Meagan Wolfe, the state’s nonpartisan top elections official who became the target of conspiracy theorists and election deniers after 2020.During his November presentation in Grafton, Davis handed out a pamphlet listing 53 issues that voters concerned about election security should focus on in Wisconsin. The priorities, which Davis and other election-denying groups across in the state have embraced, range from abolishing the bipartisan Wisconsin elections commission to requiring ballots cast in state and local elections to be counted by hand.Davis’s recommendations might prescribe technical changes to elections administration. But he cast their importance in starkly biblical terms.“I don’t know where you are with the Lord, and I mean this sincerely: you better pray,” said Davis. If the 2024 election wasn’t conducted “the correct way”, he warned, “there’s going to be you-know-what to pay.” More

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    Trump asks appeals court to throw out 2020 election subversion charges

    Donald Trump has asked an appeals court in Washington DC to throw out charges that he sought to subvert the 2020 election, in the latest of a series of high-stakes legal maneuvers between the former president’s lawyers and the US department of justice.In a filing late on Saturday lawyers for Trump argued to the DC circuit court of appeals that he is legally cloaked from liability for actions he took while serving as president.The move came a day after the US supreme court declined to expedite a request by the special counsel Jack Smith to consider the question of presidential immunity from prosecution.The latest filing is an incremental advance on the long-running legal duels between Trump and the special counsel, who may not now be able to bring the election interference complaint, one of four separate criminal cases against Trump, before a jury ahead of the next year’s election.If the election interference case is delayed, and Trump wins the election as current polls suggest he could, the former president could simply order all federal charges against him to be dropped.In Saturday’s 55-page brief to the appeals court, Trump’s lawyer D John Sauer argued in essence that under the US constitution one branch of government cannot assert judgement over another.“Under our system of separated powers, the judicial branch cannot sit in judgment over a president’s official acts,” Sauer wrote. “That doctrine is not controversial,” he added.The filing repeats what Trump’s lawyers have consistently said: that he was acting in an official capacity to ensure election integrity, and therefore under immunity because presidents cannot be criminally prosecuted for “official acts”.Under the constitution, only the Senate can impeach and convict a president – and that effort failed.In the filing, Sauer argued that executive immunity must exist because no president or former president has previously been charged with a crime.“The unbroken tradition of not exercising the supposed formidable power of criminally prosecuting a president for official acts – despite ample motive and opportunity to do so, over centuries – implies that the power does not exist,” he wrote.skip past newsletter promotionafter newsletter promotionHe also said that Tanya Chutkan, the judge due to hear case against Trump, was mistaken in her interpretation of limited presidential immunity when she wrote that Trump should still be “subject to federal investigation, indictment, prosecution, conviction and punishment for any criminal acts undertaken while in office”.The interplay of legislative, executive and judicial power now lie at the center of the 2024 election. Last week, Colorado’s supreme court ruled that Trump was ineligible to be on the ballot in that state because of his alleged actions to resist certification of the popular vote in 2020.But the implementation of the ruling was delayed until next month when the US supreme court may look at it.On Saturday evening, before heading to Camp David for the holiday break, Joe Biden said he “can’t think of one” reason presidents should receive absolute immunity from prosecution, as the Republican frontrunner Donald Trump has claimed. More

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    Supreme court declines to expedite decision on Trump’s immunity claim in 2020 election case

    The US supreme court on Friday rejected a request by the special counsel to expeditiously decide whether Donald Trump has immunity from federal prosecution over his efforts to overturn the 2020 election results, before a lower appeals court issued its own judgment.The one sentence denial means the case is returned to the US court of appeals for the District of Columbia circuit, where a three-judge panel is scheduled to hear oral arguments in January, and the case against Trump remains frozen pending the outcome of the appeal.In declining to leapfrog the lower court and fast-track the appeal, the supreme court handed a crucial and potentially far-reaching victory to Trump as he seeks to delay as much as possible his trial, currently scheduled for next March in federal district court in Washington.The decision almost certainly slows down Trump’s federal election interference case. Even if the DC circuit rules against Trump quickly, the former president can first ask the full appeals court to rehear the case, and then has 90 days to lodge a final appeal to the supreme court.Trump was indicted in June by the special counsel Jack Smith for conspiring to impede the peaceful transfer of power, but sought to have the charges thrown out by contending he could not be prosecuted for actions he undertook as president that were related to his official duties.The filing contended that all of Trump’s attempts to reverse his 2020 election defeat in the indictment, ranging from pressuring his vice-president, Mike Pence, to stop the congressional certification to organizing fake slates of electors, were in his capacity as president and therefore protected.At the heart of the Trump legal team’s filing was the extraordinary contention that not only was Trump entitled to absolute presidential immunity, but that the immunity applied regardless of Trump’s intent in engaging in the conduct described in the indictment.This month, his motion was rejected by the presiding US district judge Tanya Chutkan. That set the stage for Trump, who had always expected the motion to fail, to lodge an appeal that would stay the case while the DC circuit considered the matter.Obtaining the stay was always part of Trump’s strategy – he is seeking delay because if he wins re-election before the trial occurs, he could arrange to have the charges dismissed – and his lawyers were counting on a lengthy appeals process that would buy the time.The strategy, according to people close to Trump’s legal team, involved Trump going to the supreme court and securing additional weeks or months of delay – only after weeks of delay before the DC circuit.But prosecutors attempted to preempt Trump’s ploy by asking the supreme court to bypass the DC circuit and resolve the immunity question directly. In court filings, the special counsel suggested keeping the March trial date was in the public interest.skip past newsletter promotionafter newsletter promotionThe request from prosecutors that the nation’s highest court rule on a case before judgment by an appeals court – and force Trump to contend with the Supreme Court plank of his delay strategy months earlier than he anticipated – was unusual but underscored the gravity of the moment.On Friday, the court essentially sided with Trump, who had argued the day before for the special counsel’s petition to be denied, arguing on procedural grounds that prosecutors had no basis to appeal a trial court ruling that was favorable to them and where the government had not suffered any harm.The denial, appellate experts said, underscored the peril of allowing trial prosecutors to help frame issues before the supreme court, instead of having the solicitor general’s office – which normally argues on behalf of the government – refine arguments to the sensibilities of the justices.The emergency petition on the Trump immunity question did not involve the solicitor general’s office. Although the filing was signed by former deputy solicitor general Michael Dreeben, it also included the special counsel himself and two of his deputies, JP Cooley and James Pearce. More